Excerpt: ...yment, he signed various documents, including an Arbitration Agreement, which purportedly requires the arbitration of any and all claims arising out of or related to Plaintiff's employment with Defendant. (Shanks Decl., ¶ 3 and Exh. A.) Plaintiff was employed until approximately July 2021. (Compl. ¶ 20.) On January 14, 2022, Plaintiff filed the instant representative action under the California Attorneys General Act (PAGA) alleging causes of ac...

Excerpt: ...niel Johnson Jr. (“Plaintiff” or “Conservator”), appointed conservator of Arletha Johnson (“Arletha”) failed to comply with California Rules of Court, rule 3.1110(f)(3) which requires that each paper exhibit must be separated by a hard 8 ½” x 11” sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. Francis Realty's requests for judicial notice of exhibit nos. 1, 9, and 17 ...

Excerpt: ...stem, as required by Local Rule 1.06. Moving counsel is directed to contact the counsel for all other parties and advise them of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Defendant has indicated the incorrect address in its notice of motion. The ...

Excerpt: ...edure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Plaintiff has indicated the incorrect address in its notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff's counsel shall notify the nonparties or their co...

Excerpt: ...., ¶ 2, Exh. A (“Compl.”), ¶¶ 6‐8, 23‐26.) Plaintiff was transferred to a different facility on June 1, 2017 and died on July 7, 2017. (Compl., ¶¶ 26, 32.) Plaintiffs allege that Ms. Perry's skin breakdown and death were the result of the acts and omissions of Defendants as her caretakers. (Compl., ¶¶ 1, 35, 45, 56.) The Plaintiffs in this action consist of Ms. Perry's surviving husband, Dennis E. Perry, who is pursuing claims indi...

Excerpt: ...uant to local Court rules, only limited oral argument is permitted on law and motion matters. *** Opposing counsel failed to comply with CRC Rule 3.1110(b)(4). Factual Background This “lemon law” action commenced in March 2019 arises from plaintiffs' purchase of a new 2010 Chrysler minivan back in August 2010. It is alleged that this vehicle is defective in various respects including but not limited to its sliding doors that these defects “...

Excerpt: ...eir existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375; Kalnoki v. First American Trustee Servicing Solutions LLC (2017) 8 Cal.App.5th 23, 36‐37 [proper for to take judicial notice of recorded land documents and find that the recorded deed of trust was the "legally operative document designating the beneficiary”]; see Professional Engineers v. Dep't of Transp. (1997) 15 Cal....

Excerpt: ...rty forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If counsel for moving party is unable to contact counsel for opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). This litigation arises out of construction of a multi‐story parking g...

Excerpt: ...tor America and Hyundai of Roseville LLC (“Defendants”) filed a motion to compel arbitration. (ROA 9.) Though Plaintiffs served standard discovery requests on March 22, 2021, the Court granted the motion to compel arbitration on April 1, 2021 (ROA 27), thereby rendering the matter stayed and discovery moot in this court. It is unclear by in the parties' papers whether the arbitration ever occurred. On November 9, 2021, Defendants extended an ...

Excerpt: ...osing counsel of the specific issues or causes of action that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The opposition fails to comply with CRC Rule CRC Rule 3.1113(f), requiring a Table of Contents and Table of Authorities when the points & authorities exceed 10 pages, and CRC Rule 3.1110(b)(3)‐(4), requiring the dates the act...

Excerpt: ... 8:30 p.m., Plaintiff Bercharis McGill (“Plaintiff”) was lawfully riding his motorcycle on Highway 49 near Defendant's property when his motorcycle hit some aggregate on the road, spun out of control and then crashed into a car traveling in the opposite direction. (Register of Actions [“ROA”] 1 [“Complaint”], p. 4.) This incident occurred within 100‐200 yards from the exit driveway of Defendant's property. Defendant owns, controls, ...

Excerpt: ... Green (“Tracy”) (collectively, the “Greens”). This action arises out of an investment account with RBC that was numbered initially as Account No. ‐8808 and later changed to Account No. ‐5042 (the “Account”). The Account was a joint tenant account in the names of Lopez and her son ‐in‐law Jason. Lopez alleges the Account was opened with an initial deposit of $200,000. (1AC ¶ 9.) Lopez alleges unauthorized withdrawals were mad...

Excerpt: ...tion and to allow Ford to file a reply. In this action Ford filed a Judicial Council form complaint alleging causes of action for breach of contract and for common counts. The action arises from allegations that Boyd failed to make the required payments pursuant to a motor vehicle lease agreement (“Lease”). Ford alleged that the subject lease was assigned to it and that it is the owner of the leased vehicle. In the FACC Boyd alleges causes of...

Excerpt: ...uest for judicial notice in support of its motion is granted. Plaintiff's request for judicial notice and Defendants' supplemental request for judicial notice are denied as the subject documents were not relevant to the Court's decision on the motion. II. Defendants' Objections Defendants' objections to Plaintiff's evidence submitted in opposition to the instant motion are ruled as follows. Declaration of Leta Nichols Objection No. 1 – ¶ 2, Li...

Excerpt: ...right, a sheriff deputy, operating a Ford Explorer patrol vehicle, lost control of his vehicle and collided with Plaintiff's minivan. Plaintiff alleges she sustained serious physical, emotional, and psychological injuries as a result and has continuing symptoms for which medical treatment is ongoing. Plaintiff's injuries included a herniated cervical disc; injury to her back, shoulders, hips, legs, and jaw; PTSD; and traumatic brain injury with s...

Excerpt: ...g with approximately 46 other notices) on April 7, 2022, for a May 2, 2022, deposition. Defendant's petition to compel arbitration was scheduled for May 12, 2022. On April 26, 2022, the parties entered an agreement to stay discovery pending a ruling on the petition to compel arbitration. The Court denied the petition on May 12, 2022. (ROA 47.) Plaintiffs' counsel contacted Defendant's counsel on May 13, 2022 seeking deposition dates regarding the...

Excerpt: ...tted on law and motion matters. *** Plaintiffs Ronald Bingham, et al.'s motion to compel Defendant Central Valley Specialty Hospital's (“CVSH”) further responses to form interrogatories is ruled upon as follows. In this elder abuse action, Plaintiffs allege claims against Defendants CVSH and others for elder abuse, fraud, and wrongful death arising out of the care and treatment of decedent Ronald Bingham. Plaintiffs allege that the Decedent w...

Excerpt: ...rally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” Thus, CCP § 664.6 allows the Court upon motion to enter judgment pursuant to the terms of a settlement where the parties stipulat...

Excerpt: ...ness records to Wells Fargo Bank, N.A., or in the alternative, for a protective order is ruled upon as follows. I. Overview a. Nivano's Complaint In its action, Nivano alleges that Defendants and Cross‐Complainants Mitesh Patel, R.PH (“Patel”) and David Kyle D.O. (“Kyle”) (collectively “Defendants”) schemed to “illegally gain control of Nivano and to then illegally profit from its providers and their patients. Defendants did so by...

Excerpt: ...int, ¶ 4.) Defendant Comcopious Limited (“iCanPay”) is a Hong Kong shell company that does business under the name ICanPay through various subsidiaries. (Complaint, ¶¶ 5 and 17‐19; Shimogori Decl., ¶ 1.) Plaintiff alleges ComCopious' principal place of business is the home of its director and controlling shareholder, Defendant Kotaro Shimogori (“Shimogori”) located at 1506 Gorman Drive, Carmichael, California 95608. (Complaint, ¶ 6...

Excerpt: ...ff alleges that automobile accident caused a variety of injuries, including headaches, dizziness, post‐concussion syndrome and TBI. (Response to Form Interrogatory No. 6.2, Jacoby Decl., Exh. B.) Plaintiff alleges the above complaints persist and that Plaintiff continues to suffer other complaints such as “[d]iminished attention, concentration/conversations, fatigue, difficulty w/ focus, multi‐tasking, finding words, feeling off balance, po...

Excerpt: ...ices of depositions for persons most qualified (PMQ Nos. 3‐6) to Leisure Care. (McLaughlin Decl., ¶ 5, Exh. B.) Plaintiff served seven notices of depositions to Woodlake (PMQ Nos. 1‐ 7), four of which related to the same categories as those served on Leisure Care. (Ibid.) The depositions were noticed on dates between August 12‐16. (McLaughlin Decl., Exh. B.) Between August 8 and 12, Defendants served objections. (McLaughlin Decl., ¶ 6, Ex...

Excerpt: ...vidence which is claimed to show the existence or nonexistence of a triable issue of material fact. *** Plaintiff Daniel Tiamu Avegalio's (“Plaintiff”) motion for partial summary adjudication is ruled upon as follows. I. Overview This action arises from Plaintiff's purchase of a used vehicle (“Vehicle”) from Defendant SAII Enterprises, LLC (“Defendant”). Plaintiff alleges that Defendant misrepresented the Vehicle's true accident histo...

Excerpt: .... *** Defendant Sutter Valley Hospitals dba Sutter Roseville Medical Center's (“Sutter”) demurrer to the Fifth and Eighth causes of action in Plaintiff Barbara Young's (“Plaintiff”) second amended complaint (“SAC”) is ruled upon as follows. Overview This is an employment action. At issue in this demurrer are the causes of action for failure to make reasonable accommodations (COA 5), and violation of Labor Code section 1102.5 (COA 8.) ...

Excerpt: ... abetting; (6) "malicious (vindictive) prosecution"; (7) abuse of process; (8) wrongful use of civil proceedings; (9) defamation; (10) false light; (11) intentional infliction of emotional distress; (12) negligent infliction of emotional distress and (13) public disclosure of private facts. (Complaint.) Only the third, fourth, fifth, eleventh and twelfth causes of action are asserted against Moving Defendants. (Complaint.) Plaintiff and Defendant...