Excerpt: ...netary sanctions. Plaintiff was given until February 11 to file and serve opposition to the issue/evidentiary and monetary sanctions first requested in the Reply. Defendant was to serve a reply on the additional sanctions issue on or before February 19. Defendant's further briefing was to address whether plaintiff has complied with the order that he serve verified responses on or before February 10, 2020. As of February 24, 2020, no new documents...

Excerpt: ...es due), failing to provide compliant meal period and rest periods and associated premium pay, failing to timely pay wages during employment and upon termination of employment, failing to provide compliant wage statements, failing to maintain requisite payroll records, and failing to reimburse necessary business‐ related expenses. Defendant denies any liability or wrongdoing of any kind. Plaintiff requests the following: Granting preliminary ap...

Excerpt: ...tled "Fraud (Negligent/Intentional Misrepresentations)," pursuant to CCP § 430.10(e) and (f), is SUSTAINED WITH LEAVE TO AMEND. The Court completely agrees with Defendants' assertion that Plaintiff has not come close to complying with his obligation to plead specific facts bearing upon each element of his fraud claim. See Lazar v. Superior Court (1996) 12 Cal.4th 631, 645 (allegations must identify the speaker, the dates of the statements, scien...

Excerpt: ...is is a PAGA representative action for failure to pay all wages brought by Plaintiff Ian Alvarado ("Plaintiff') against Defendant Lewis Operating Corp. ("Defendant") and for civil penalties pursuant to the Private Attorneys General Act of 2004 ("PAGA") for violations of the California Labor Code ("Labor Code"). Plaintiff commenced this wage ‐and‐hour case asserting three causes of action for failure to pay wages, unfair competition, and penal...

Excerpt: ...ance of the OSC to file a substantive response because the attorney who handled the matter is no longer with Plaintiff's counsel's law firm. The Court thereafter continued the matter to today's date to allow Plaintiff to file a substantive response. On February 10, 2020, Plaintiff filed a response simply indicating that it was dismissing the entire action. Plaintiff made no arguments that the case was not subject to the five year statute. However...

Excerpt: ...demurrer. IRSI must also file a declaration regarding the meet and confer efforts. Here, Defendant's counsel's declaration indicates that the parties met and conferred via email. Future meet and confer efforts pursuant to CCP 435.5 shall be done “in person or by telephone.” Plaintiff is also reminded that the meet‐and‐confer requirements of CCP §435.5 are not optional and s/he is required to participate in the meet‐and‐confer efforts...

Excerpt: ...ance date. Defendant David Poxon's unopposed demurrer to self‐represented Plaintiff Everett Spillard's complaint is sustained with leave to amend. The Court notes that Plaintiff filed a first amended complaint on February 18, 2020. However, effective January 1, 2016, absent a stipulation, a party may only amend a pleading as a matter of right in response to a demurrer no later than the date the opposition to the demurrer is due. (CCP § 472(a)....

Excerpt: ... matters. *** Defendants U.S. Residential Group, LLC, Providence Place Apartments, LP, and Positive Investments, Inc.'s (collectively “Defendants”) demurrer to Plaintiff Timothy Hayes' second amended complaint (“SAC”) is ruled upon as follows. Defendants' request for judicial notice is granted. I. Overview This is a personal injury action. Plaintiff alleges that on 9/12/2017, he was walking through Providence Place Apartments (“Apartmen...

Excerpt: ...violation of California Government Code section 12940(a) for “pregnancy discrimination.” Specifically, Plaintiff alleges that in February 2018, while she was employed by Defendant as a server at Mimosa House, she became pregnant. She alleges that in June 2018, Defendant assigned Plaintiff to evening shifts that resulted in a substantial loss of income. Then in October 2018, Defendant demoted Plaintiff from a full‐ time server to a part‐ti...

Excerpt: ...on July 1, 2015 and has failed to make minimum monthly payments due and owing on the loan since that date. On January 6, 2020, the Court granted Plaintiff's unopposed motion for order deeming requests for admission admitted. (See ROA 14.) Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, the admissions state that Defendant received a loan from LOANME, INC., that she became delinquent on her payments, that ...

Excerpt: ...o provide accurate itemized statements, failed to pay waiting time penalties, and violated the Unfair Competition Law (“UCL”), Bus. & Prof. Code § 17200. Plaintiffs further allege that Defendant is liable for civil penalties under the Private Attorneys General Act (“PAGA”). The parties engaged in informal discovery over the course of a year. They now seek preliminary approval of their settlement for the gross, non‐reversionary settleme...

Excerpt: ...”) was a passenger. (UMF 2.) Plaintiff was also in the vehicle with his brother, Ernani Elga, and sister‐in‐law, Rosemarie Alega, at the time. Plaintiff filed this action against Ms. Naz on April 10, 2017 in Fresno County Superior Court, and it was transferred to Sacramento County Superior Court on February 14, 2018. Plaintiff does not dispute that Ms. Naz was not the driver of the Toyota involved in the subject accident, and also does not ...

Excerpt: .... Petitioner's request for judicial notice is granted. Respondent has brought claims against Petitioner with the DLSE under the Labor Code for alleged unreimbursed business expenses. Lyft periodically updates its Terms of Service (“Terms”). Respondent consented to the Lyft's February 6, 2018 Terms on May 3, 2018. (Ayanbule Decl. ¶ 12.) Lyft released the updated February 6, 2018 Terms to drivers who had previously been approved to use the Lyf...

Excerpt: ...ively approve the employment of a legal secretary. This motion involves Plaintiffs' counsel, the Law Office, Ed Dudensing attorney‐at‐law (“TLO”) and TLO's hiring of Margaret Mallough as a legal secretary. TLO has hired Ms. Mallough, but apparently she has not yet started working at TLO. TLO indicates Ms. Mallough will not begin work until this Court issues an order on this motion. By this motion, Plaintiffs seek “an order that the empl...

Excerpt: ...de at the time of hearing, the Court rules as follows on Plaintiff Richard Smigelski's (Smigelski) motion to compel further responses to form interrogatories, special interrogatories and document requests: Overview This is a putative wage and hour class action. Smigelski is the sole named plaintiff. The named defendants are PennyMac Financial Services, Inc., PennyMac Mortgage Investment Trust, and Private National Mortgage Acceptance Company, LLC...

Excerpt: ...he tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06(B). This action arises from the termination of Plaintiff David Goudie's (“Plaintiff”) employment by Defendant. Plaintiff filed the complaint on September 8, 2017, alleging causes of action for defamation, violation of Labor Code sections 98.6, 1102.5, and 6310, a...

Excerpt: ...iff Sherif Hakeem filed a class action Complaint in Alameda County Superior Court (“Hakeem I”) against defendant Universal Protection Service (“Defendant” or “Universal”). In that action, plaintiff Hakeem sought individual and class‐ wide damages and penalties for (1) unlawful failure to pay wages, (2) failure to provide meal and rest periods, (3) failure to provide accurate itemized wage statements, (4) failure to pay wages upon te...

Excerpt: ...rs. *** Defendant Thompson's demurrer to the Third Amended Complaint (“TAC”) and motion to strike the TAC's punitive damages allegations is ruled on as follows. Plaintiff's opposition was not timely filed or served and it also fails to comply with CRC Rule 2.111(3). It was, however, considered, by the Court. The Court notes that the contract attached as Exhibit C to the TAC contains plaintiff's social security number, which is therefore viewa...

Excerpt: ... Defendant has indicated the incorrect address in its notice of motion. The correct address for Department 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendant shall notify Plaintiffs immediately. Defendant's request for judicial notice on reply is GRANTED only as to exhibits G and H (Court documents), but DENIED as to the remaining exhibits, which consist of email communications between the partie...

Excerpt: ... 50‐50 tenancy and common agreement. (See FAC ¶ 16) Defendants seek to expunge the lis pendens on the basis that the First Amended Complaint does not contain a real property claim. A "real property claim" as defined in Title 4.5, Recording Notice of Certain Actions, is "a cause of causes of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property." CCP 405.4) A lis pendens may...

Excerpt: ...ent to constitute a cause of action. This action arises from a dispute between plaintiff and the SVMA over plaintiff's claimed priority in the selection of exhibits spaces at the annual Sacramento Boat Show. The SVMA is a non profit mutual benefit member organization that promotes the interests of its members. SVMA hosts the Boat Show where members of the boating industry can present their products to consumers and other members of the industry. ...

Excerpt: ...sentence of paragraph 6 of Parker White's declaration in support of Plaintiff's opposition are sustained. Discussion This is a premises liability (slip and fall) action. Plaintiff filed the Complaint on December 31, 2014. Five years from the original filing date was December 31, 2019. Defendant now moves for mandatory dismissal of the action since Plaintiff failed to bring the action to trial within five years. Plaintiff opposes the motion on the...

Excerpt: ...f Angelina Zeiher alleges that in July 2016 she purchased a 2016 Mini Cooper Clubman. During the warranty period, the vehicle contained or developed a number of defects. Plaintiff alleges that Defendants are “engaged in the design, manufacture, construction, assembly, marketing, sale, and distribution of automobiles, motor vehicles and other related components and services in Sacramento County.” Plaintiff purchased the vehicle from non‐part...

Excerpt: ...sale after the home was cited as an illegal marijuana grow operation and allegedly failed to disclose the mold problems arising from the illegal operation. The subpoenas seek all of Plaintiff Alicia Tutt's medical records from the last ten (10) years. Plaintiffs contend the subpoenas are overbroad, and are not limited to the conditions put at issue in this lawsuit. Plaintiffs contend the subpoenas invade plaintiff's constitutional right of privac...

Excerpt: ...ahed Harb approached slowing and stopped traffic from behind on west bound U.S. 50 at speeds in excess of 70 miles per hour, and that he intentionally failed to slow for the vehicles ahead and veered across 3 lanes of the highway without braking or slowing, then struck plaintiffs stopped vehicle from behind at 70 miles per hour. (See Judicial Council Form Complaint) Although there is no Exemplary Damages attachment to the Complaint, under Section...

Excerpt: ...nable to contact defense counsel prior to the hearing, Plaintiff's counsel shall be available at the hearing, in person or by telephone, in the event defense counsel appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff's petition under Government Code section 946.6 for leave to present a claim not timely filed is GRANTED. Overview On June 12, 2018, Plaintiff, a native Armenian with limited English language abilities...

Excerpt: ...anuary 14 and 15, 2020 before arbitrator William Diffenderfer located in Contra Costa County. Previously, respondent had requested arbitration in Los Angeles. At the last moment, after experts had been disclosed and the matter had been significantly prepared for arbitration, claimant's attorney requested to return to mediation. This mediation was unsuccessful and ended with Respondent's counsel leaving the mediation. (Declaration of Andrew C. Obe...

Excerpt: ...Wohl Declaration, Ex. C. Plaintiff's objections on reply are OVERRULED. In its discretion, the Court has considered the evidence submitted by Defendant on reply. Plaintiff's opposition raised multiple issues regarding breach, waiver, and unconscionability that were not discussed in the moving papers. Accordingly, Defendant may provide evidence on reply to respond to the new issues raised by Plaintiff in opposition. Overview Plaintiff Brian R. Mue...

Excerpt: ...��Engine Defects”), Plaintiffs seek to compel Defendant to provide full and complete responses to certain requests for production. Requests Nos. 1, 9, 16, 18, 20‐23, 35, 57, and 70‐73 relate to Defendant's investigation and analysis regarding the defects. Requests Nos. 7, 30, 37‐40, 44, and 52 relate to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the requests for production, including objectio...

Excerpt: ... production Nos. 2, 5, 7‐11, 17, 20‐22, 24, 32, 36, 37, 40, 41, 47, 48, 50, 52, 53, 55, 56‐59, 62, 63, 65, and 70‐73. The Court ordered Defendant to provide further responses and to produce responsive documents by December 2, 2019. Plaintiffs first argue that Defendant has not served code‐compliant further responses. Plaintiffs argue that the further responses actually only demonstrate compliance in part because the further responses re...

Excerpt: ...g on Plaintiff's third motion to compel compliance ordering Defendant to “serve written, Codecompliant responses to RFPs 19, 22, 23, 26, 28, 31, 32, 35, 76, 79, 89, and 91, without objections, and shall produce all documents in Defendant's possession, custody, or control that are responsive thereto” on or before November 27, 2019. The Court also indicated that the previously‐ordered $500‐per‐day prospective monetary sanctions would rema...

Excerpt: ... waives any objection that notice was not proper. (Bohn v. Bohn (1913) 164 Cal. 532; Carlton v. Quint (2000) 77 Cal.App.4th 690, 696‐698.) Here, A. Vrame was able to oppose the motion on its merits and has raised no argument that the insufficient service was prejudicial to him in preparing his opposition. Thus, the Court has jurisdiction to consider the motion on its merits. Overview This action was commenced in October 2016 and the complaint p...

Excerpt: ...ant Cobalt Real Estate Brokers Inc. (“Cobalt”) is GRANTED IN PART AND DENIED IN PART, WITHOUT PREJUDICE. Riverland and Cobalt filed separate Oppositions to the instant motion. Plaintiffs filed a Reply to each Opposition. No separate evidentiary objections were filed. Background Plaintiffs filed a Complaint ‐ on behalf of themselves individually and on behalf of others similarly situated ‐ against Riverland and Cobalt, alleging that these ...

Excerpt: ...d declaration was filed and the Court therefore presumes that the parties were unable to resolve the issues raised by the demurrer. In this action, Plaintiff alleges that his home was damaged in a fire and that he engaged Defendant, who is engaged in fire restoration and recovery services, to create a loss inventory of damaged property for the purpose of reporting the loss and creating a claim with Plaintiff's insurance company. (Comp. ¶¶ 6‐8...

Excerpt: ...ations in Plaintiff's complaint, as well as language related to Plaintiff's UCL claims. The Court rules as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06(A). Defendants' counsel is directed to contact Plaintiff's counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Defendants' counsel is unable to contact Plaintiff's cou...

Excerpt: ...y at a trustee sale. Bakey should have received a trustee's deed to the property following the trustee's sale, but learned on September 27, 2017 that Zarate and Defendant Maria Camacho had recorded a grant deed four days prior to the trustee's sale which purported to convey the property to Defendants Robert Sedlar and Steven Rogers. On September 28, 2017, Bakey filed the instant litigation seeking to, inter alia, quiet title to the property. Zara...

Excerpt: ...2 is SUSTAINED to the extent it improperly summarizes the content in the Wohl Declaration, Ex. C. Plaintiff's objections on reply are OVERRULED. In its discretion, the Court has considered the evidence submitted by Defendant on reply. Plaintiff's opposition raised multiple issues regarding breach, waiver, and unconscionability that were not discussed in the moving papers. Accordingly, Defendant may provide evidence on reply to respond to the new ...

Excerpt: ... July 29, 2013, and May 15, 2015. In the first accident, which occurred on July 29, 2013, Gurpreet Sidhu and his wife, Plaintiff, were rear‐ended by Ms. Nishimura. In the second accident, which occurred on May 15, 2015, Plaintiff, her husband, and their son were hit by a tractor‐trailer driven by defendant Juan Antonio Castaneda (“Mr. Castaneda”) while in the course and scope of his employment with defendant Fast Lane Transportation, Inc....

Excerpt: ... and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing, along with the correct address for Dept. 53/54. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). According to the moving papers, plaintiffs and defendant settled ...

Excerpt: ...ento, California (the “Real Property”). The following provides background facts relevant to this instant motion. In late 2005, Defendant and his then wife, Anita Korbelik, discussed retaining the law firm of Drobny Law Offices, Inc. (“Drobny Law”) to represent them with regard to preparing an estate plan. On November 23, 2005, Drobny Law mailed a letter to Defendant and Mrs. Korbelik, titled “Waiver of Potential Conflict of Interest/Fee...

Excerpt: ...submitted by Mahan to CARB seeking records related to what he refers to as the Volkswagen TDI emissions scandal. When CARB failed to produce the requested records immediately, Mahan filed the present action seeking a writ of mandate commanding CARB to comply with his request. The Court has issued numerous orders over the long course of this case. On September 1, 2017, it issued what it thought would be its final order. The final order explains th...

Excerpt: ...t will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background This is a personal injury action arising from a motor vehicle accident in February 2017. Plaintiff alleges she was at the time a passenger in a car driven by defendant Dockery, a driver for defendant Lyft who rear‐ended another car at a high rate of speed. Plain...

Excerpt: ...inancing of a used 2008 Suzuki XL7 from Car Hop in July 2016. Plaintiff signed a Motor Vehicle Retail Installment Contract (“RISC”) with Car Hop, which Car Hop then assigned to UAC. (Complaint ¶¶ 3, 4, 9, 13, Exh. A; Griffin Car Hop Decl. ¶ 3, Exh. A.) Plaintiff filed her complaint on July 11, 2019 alleging claims for fraud, intentional misrepresentation, concealment, breach of contract, and breach of good faith and fair dealing. Plaintiff...

Excerpt: ...dress in its notice of motion. The correct address for Department 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiffs shall notify Defendants immediately. On June 12, 2018, Plaintiff Araz Parseghian (“Parseghiah”) filed a class action complaint against defendant HomeStreet Bank (“Defendant”) in the Superior Court for the State of California, County of Alameda, entitled Araz Parseghian, in...

Excerpt: ...arises from Plaintiff's employment with Defendant, a franchisee of Mod Pizza restaurants in the Sacramento Valley region. Plaintiff was employed by Defendant from mid‐2017 until after the commencement of this action. Plaintiff filed this action on June 26, 2019, alleging wage and hour violations against Defendant on a class wide basis. (ROA 1.) Defendant was served on July 15, 2019. (ROA 14.) Defendant terminated Plaintiff's employment on July ...

Excerpt: ...for violation of Civil Code section 2941 [Certificate of discharge; Request for full reconveyance; Damages for violations; Fee for services connected with reconveyance]. Cross‐defendant contends that the cause of action for violation of Civil Code Section 2941 arises out of her litigation conduct in representing HSBC Bank USA and in filing the Complaint for quiet title on behalf of HSBC Bank USA. Hamilton contends this litigation activity is co...

Excerpt: ...ion on the motion. Overview The Complaint alleges a single cause of action for fraud against Defendants arising from litigation filed in 2003 by the Sacramento Metropolitan Air Quality District (the “District”) against Jerome H. Sprague in his individual and representative capacities and the Jerome H. Sprague Family Revocable Trust (the “Trust”). The 2003 litigation concerned violations of regulations governing the removal of asbestos con...

Excerpt: ...sustained as to Nos. 1‐3, Overruled as to No. 4. Defendant's Evidentiary objections to the Alex Reyter are sustained. Defendant's Evidentiary objections to the Corey Travis are sustained as to No. 1, No. 2 as to (a) ‐ (d). overruled as to 2(e). Overruled as to No. 3. At the outset, no party contests that a real property claim is presented here. A brief overview of the salient legal authority is perhaps appropriate as a backdrop to the Court's...

Excerpt: ...ers. *** Defendant The Ezralow Company, LLC's (“TEC") demurrer to Plaintiff Taylor Lee's Second Amended Complaint (“SAC”) is ruled upon as follows. I. Overview This is an employment action. Plaintiff was employed with TEC as a property manager. In December 2017 she received a poor performance review which resulted in her being placed on a performance improvement plan. Plaintiff maintains that her work performance improved significantly but ...

Excerpt: ...a (“Property”). Defendants failed to pay the rent for November 2019 on or before 11/5/ 2019. Plaintiff served a three day notice to pay or quit on 11/6/2019 (“November Notice”). Defendants failed to comply. Plaintiff served a notice of termination on 11/13/2019 indicating that the lease was terminated and demanded that Defendants vacate the Property (“Termination Notice”). Defendants again refused to comply. On 12/13/2019, Plaintiff s...

Excerpt: ...Kamar Singh (“Singh”) and Kent Hogan (collectively “Plaintiffs” or “Buyer”) are the assignees of two Vacant Land Purchase Agreements (“Purchase Agreements”) and Joint Escrow Instructions. Escrow failed to close on time and Defendants refused to close on the properties and retained the deposits. The First Amended Complaint asserted causes of action for: (1) declaratory relief, (2) promissory estoppel, (3) specific performance, and ...

Excerpt: ...lure to name an indispensable party. In this case arising out of foreclosure proceedings, plaintiff alleges causes of action for wrongful foreclosure, fraud, Violation of Business & Professions Code section 17200, and quiet title. The demurrer is sustained with leave to amend for failure to state facts sufficient to constitute a cause of action. (CCP § 430.10(e).) The demurrer is also sustained for a defect or misjoinder of parties. CCP 430.10(d...

Excerpt: ...ty, Oregon; (b) to waive any challenge to the Oregon court's jurisdiction; (c) to waive any applicable statute of limitation in Oregon; (d) to be bound by and to satisfy any judgment rendered by the Oregon court; and (e) make documents in their possession and witnesses available in Oregon, at their expense. I. Overview This is a wrongful death action arising from an automobile accident that occurred in Jackson County, Oregon on 7/24/2019. Plainti...

Excerpt: ...on of Sarah Fritz, submitted on reply, are OVERRULED. The Court finds that the Fritz Declaration, submitted on reply, is responsive to Ms. White's assertions in her declaration, submitted in opposition, that Ms. White and Ms. Fritz did not have any confidential communications. It is further responsive to the implication inherent in Ms. White's declaration that the communications attached as an exhibit were wholly representative of Ms. White and M...

Excerpt: ...nally under seal, is OVERRULED. Defendants' objections to the Declaration of Sarah Fritz, submitted on reply, are OVERRULED. The Court finds that the Fritz Declaration, submitted on reply, is responsive to Ms. White's assertions in her declaration, submitted in opposition, that Ms. White and Ms. Fritz did not have any confidential communications. It is further responsive to the implication inherent in Ms. White's declaration that the communicatio...

Excerpt: ...tative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact the other parties prior to the hearing, moving counsel is ordered to appear at the hearing in person or by telephone. The motion of Plaintiffs Cosis, LLC; Brenda Barnicle; Brenda M. Codding; Dorothy F. Marshall, Trustee; Kimberly Stewart; and Stephen M. Stewart (collectively “Plaintiffs”) for summary judgment, or in the alternative, summary adj...

Excerpt: ...irety is unopposed and granted. Legal Standard In evaluating a motion for summary judgment or summary adjudication, the Court engages in a three‐step process. First, the Court identifies the issues as framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment or summary adjudication. ( FPI Dev. Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381‐382.) Because a motion for summary judgment/adjudication ...

Excerpt: ...to notify Plaintiff's counsel immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). Defendants' request for judicial notice is granted. In taking notice of these documents, the Court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't o...

Excerpt: ...9 Azevedo Drive, Apartments 202, in Sacramento (the “Property”). Plaintiffs allege they entered into a lease agreement for the Property on December 29, 2012, at a rate of $679 per month. Efren owned the Property until December 2, 2016, when it sold the Property to defendant Riverglen Apartments, LLC (“Riverglen”). Plaintiffs filed this action on July 19, 2019, alleging causes of action against Efren, and co‐defendant Riverglen, for (1) ...

Excerpt: ...having 802 cannabis plants in excess of the 6 plant limit ($500 x 802) which was upheld after an administrative appeal. Plaintiff's motion for summary judgment was granted which provided that judgment shall be entered in its favor in the amount of $401,000. The final order was entered on January 14, 2020. Plaintiff now seeks recovery of fees and costs in the amount of $56,984.37 as the prevailing party. This consists of $53,342 in attorney's fees...

Excerpt: ...Daniel Krpata's (collectively, “Defendants”) purported failure to pay overtime wages, failure to pay minimum wages, failure to pay reimbursements, failure to provide meal and rest periods, failure to provide accurate wage statements, failure to pay final wages, failure to keep accurate time records, failure to provide sick leave, and violation of Labor Code § 558. Plaintiff further alleged Defendants' policies and practices resulted in unfai...

Excerpt: ..., filed this lawsuit for negligence and dangerous condition of public property based on allegations that he was sexually molested by a teacher's aide in a bathroom at Raymond Case Child Development Center (“School”) during the 2018‐ 2019 school year. As relevant here, Plaintiff alleges that Defendants negligently employed, supervised, and trained the teacher's aide and other unidentified personnel resulting in Plaintiff's molestation and th...

Excerpt: ...igation coordinator shall provide the tentative ruling to plaintiff. Appearance is required on February 7, 2020. Plaintiff shall be available, by COURTCALL, to participate in oral argument on the continuance date. Defendant Dr. V. Penmetcha's (“Dr. Penmetcha”) demurrer to self‐represented plaintiff and inmate Mervin Leroy (“Plaintiff”) is ruled upon as follows. Dr. Penmetcha's request for judicial notice is denied. Dr. Penmetcha request...

Excerpt: ...e complaint is ruled on as follows. Plaintiffs' counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4) and Rule 3.1113(f). This matter was originally noticed for hearing on 12/19/2019 and that any opposition was therefore due no later than 12/6/2019. On 12/12/2019 defendant filed and served a notice that no opposition to this demurrer had been received. Then on 12/13/2019, plaintiffs filed what is labeled “Opposition Response to Defendant's ...

Excerpt: ...0(b) (3)‐(4). The opposition filed by defendant Hinojosa includes a Traffic Collision Report (“TCR”) for the subject accident. TCRs are generally not admissible in court proceedings and their ultimate conclusions about causation are specifically not admissible. (See, e.g., Vehicle Code §20013; Box v. California Date Growers Assn. (1976) 57 Cal.App.3d 266, 270; Carlton v. Department of Motor Vehicles (1988) 203 Cal.App.3d 1428, 1432.) Findi...

Excerpt: ...ction Plaintiffs Ashhok Umashankar, Collin Danforth, Luke Danforth, Ethan Morton and Jacob Risch allege numerous causes of action against Defendants for assault, battery, harassment, invasion of privacy, false imprisonment, IIED, trespass to chattel, conversion, private nuisance and interference with contract. Plaintiffs Collin and Morton also allege certain employment related claims for nonpayment of wages and meal and rest period premiums. The ...

Excerpt: ... non‐profit orthodox Ethiopian church located in Elk Grove. Plaintiff alleges it is managed by a Board of Directors elected by Plaintiff's membership and in order for any action to be taken on behalf of the Board of Directors and Plaintiff, a majority of the Board must approve of or direct the action. (Complaint at ¶¶ 9‐10.) Plaintiff alleges defendants Mulatu and Wodaje have taken certain actions without Board approval, including changing ...

Excerpt: ...Mejia de Sop (collectively, “Plaintiffs”). This action arises from a motor vehicle accident. On January 27, 2018, Plaintiffs were injured when defendant Victor Gray ran a red light and struck their vehicle. At the time of the accident, California Highway Patrol (“CHP”) officers were in pursuit of Mr. Gray for violation of the Vehicle Code. Plaintiffs filed this action on December 31, 2018, alleging three cause of action against Defendants...

Excerpt: ...ive ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). To the extent Defendant “objected” to several of Plaintiff's Additional UMFs on the ground they are irrelevant, misstate prior testimony, etc., such objections are overruled because objections are properly directed solely at “evidence.” (See CRC Rules 3....

Excerpt: ...ules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her 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 co...

Excerpt: ...e Apartments, et al.'s motion to strike portions of plaintiff's complaint is ruled upon as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for Dept. 53/54. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing, al...

Excerpt: ...request for judicial notice. Defendant's objections to the Declaration of James Day are overruled. Plaintiff's objections to evidence are overruled, although the objected to evidence was immaterial to this Court's ruling. Plaintiff seeks a writ of possession to recover the following vehicle and two items of heavy equipment: (1) a 2014 GMC Pickup (VIN: 1GD072CG4E1140193) (the “Truck”); (b) a 2003 Caterpillar 420D 4x4 Loader Backhoe (S/N: CAT04...

Excerpt: ...for intentional misrepresentation which is not present in the FAC. Defendant contends that the cause of action for Fraudulent Concealment fails to provide critical facts such as (i) the identity of the person or who sold Plaintiffs the subject vehicle, (ii) whether Plaintiffs had any interaction with GM before they purchased the subject vehicle, (iii) GM's knowledge of the alleged "oil consumption defect," (iv) GM's intent to defraud Plaintiffs, ...

Excerpt: ...menced a nonjudicial foreclosure against the Subject Property (5746 Cada Circle, Carmichael, California 95608) by recording and serving a Notice of Default and Election to Sell Under Deed of Trust. (First Am. Compl. ¶ 41, Ex. 10; Req. for Judicial Notice Ex. D.) Plaintiff and Audrey Kolesnikova failed to cure their default and as a result Quality recorded the operative Notice of Trustee's Sale on April 8, 2019. (Compl. ¶36, Ex. 11; Req. for Jud...

Excerpt: ...e into the fairness of the proposed settlement. (Cal. Rules of Court, rule 3.769(g).) A presumption of fairness exists where: (1) the settlement is reached through arm's‐length bargaining; (2) investigation and discovery are sufficient to allow counsel and the court to act intelligently; (3) counsel is experienced in similar litigation; and (4) the percentage of objectors is small. (Newberg & Conte, Newberg on Class Actions supra, § 11.41, pp....

Excerpt: ...abit”) duties to defend and indemnity Cross‐Complainants against Plaintiff Licia Ann Weiser's (“Plaintiff”) personal injury claims, as asserted in Cross‐Complainants' second cause of action for express contractual indemnity against Habit. The MSA is premised upon the language of the hold harmless provision contained within the lease between Cross‐Complainants and Habit. Cross‐Complainants' MSA is DENIED as follows. Evidentiary Objec...

Excerpt: ...ice of Internal Affairs (OIA) headquarters. Defendant CDCR moves for a protective order precluding plaintiff from taking the depositions of: 1. Former CDCR attorney and General Counsel Benjamin Rice: 2. Former CDCR attorney and Chief Deputy General Counsel Stephanie Clauss: 3. Current CDCR attorney and Chief Deputy General Counsel Howard Moseley 4. Former CDCR attorney and Chief Counsel Christine Albertine CDCR seeks to prohibit these four deposi...

Excerpt: ...ed. Defendant's Evidentiary Objections are sustained. Plaintiff's Complaint, the operative pleading in this case, filed December 26, 2018, contains one remaining cause of action against RN Candalla for Professional Negligence relating to conduct he alleges occurred at Correctional Health Services when he was an inmate of the Sacramento County Mail Jail from November 21, 2017 to November 22, 2017. Plaintiff asserts that RN Candaila, who served as ...

Excerpt: ... quote the actual language objected to. This action arises out of the purchase of real property located at 6951 Middlecoff Way, Sacramento, California (the "Property"). In September 2016, Plaintiff entered into a Real Estate Purchase Agreement to purchase the Property from defendant, Alexis Tillman (seller). Plaintiff alleges that Ms. Tillman concealed from him the fact that the property was encumbered by a special tax lien that arose from a pati...

Excerpt: ...Statement of Evidence filed in support of RN Candalla's Motion for Summary Judgment, or in the alternative, Summary Adjudication. In accordance with the Rules of Court, rule 2.551(b)(4), RN Candalla has lodged Exhibits "6" and "7" to the concurrently filed Statement of Evidence conditionally under seal. This Motion is made upon the ground that a purported overriding confidentiality interest in Plaintiffs medical records exists which overcomes the...

Excerpt: ...eir divorce and child custody proceedings. This Court previously granted Defendant's motion for summary judgment but that order was reversed in part by the Third District Court of Appeal as to the causes of action for invasion of privacy and IIED. Plaintiff is not claiming any bodily injury in this action though he does allege that he experienced significant emotional distress as a result of the use of his medical records. This Court previously g...

Excerpt: ...nversion, breach of oral contract, negligent misrepresentation and violation of Business & Professions Code § 17200. Plaintiffs allege that Defendant Murray Peterson, a resident of Sacramento County, convinced them to invest in diamonds. Mr. Peterson was Plaintiffs' financial advisor. Mr. Peterson allegedly told them that he had been in the diamond business with Defendant Adam Lowe, a resident of Florida. They did business as Peterson Lowe, LLC....

Excerpt: ...udice. However, as to all requests for production for which further responses have been served since the filing of the motion, defendants are ordered to produce the responsive documents they agreed to produce, no later than February 20, 2020. This action arises out of a dispute arising from an operating agreement concerning the operation of Lincoln Gateway Ventures, LLC (Lincoln). Plaintiff has a 20% interest in the LLC and defendant Vanir Group ...

Excerpt: ... his vehicle to El Pollo Loco to obtain food for a delivery assignment for DoorDash. Plaintiff asserts two causes of action against defendants Terry Carpenter (“Mr. Carpenter”) and DoorDash, Inc. (“DoorDash”) for (1) negligence, and (2) negligent hiring, selection, and retention. Prior to hiring a driver as delivery personnel for DoorDash, DoorDash has a background check on each driver performed by a company called Checkr. Mr. Carpenter's...

Excerpt: ...ode § 2802. The second cause of action is penalties pursuant to the Labor Code Private Attorney General Act of 2004 (Labor Code § 2698, et seq. “PAGA”) premised on alleged violations of Labor Code § 2802. Defendant moves to compel arbitration of Plaintiff's individual claim for violation of Labor Code § 2802 and stay the remainder of the action pursuant to an arbitration provision signed by Plaintiff. The U‐Haul Employment Dispute Resol...

Excerpt: ...s requests for judicial notice are granted. Plaintiff filed the complaint in this action on behalf of minor Skylar Wolf, alleging that Deborah and Joseph Russi, co‐trustees of the Kerner Family Generations Trust fbo Catherine L. Wissenback (“Trust”), wrongfully transferred trust assets to which Skylar Wolf was entitled. Defendant Burk was the attorney for the co‐trustees at all relevant times. Defendant Burk alleges that he never had an a...

Excerpt: ...as now received a sufficient meet and confer declaration, and this motion follows. Overview This action arises from an incident at a demonstration. Plaintiff alleges that while she was protesting at a March 31, 2018 demonstration, defendant Miguel Trejo, a Sacramento County Sheriff's deputy (“Deputy Trejo”), intentionally struck her with his patrol vehicle at the scene of a demonstration and then fled. Plaintiff filed her Complaint on April 2...

Excerpt: ...of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Plaintiff and advise 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 plaintiff prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. This action arises from a motor vehicle c...

Excerpt: ...laintiff has retained counsel. Accordingly, the Court now rules as follows on defendant City of Sacramento's (“Defendant”) demurrer to Plaintiff's First Amended Complaint (“FAC”). Plaintiff filed this action on February 21, 2019, alleging causes of action for breach of contract, fraud, and gross negligence against Defendant. Defendant demurred to each of these causes of action in the original complaint. On August 13, 2019, the Court grant...

Excerpt: ...al Rule 1.06. Moving counsel is directed to contact opposing counsel and advise 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 in person or by telephone. Defendant's request for judicial notice of the National Highway Traffic Safety Administration's database, accessible th...

Excerpt: ...medical negligence, (2) elder abuse , and (3) loss of consortium, against Dr. Chan and defendant Elizabeth Wasson, M.D. (“Dr. Wasson”). Plaintiffs allege that Mrs. Rivers, a 66 year old woman, was admitted to Mercy General Hospital on June 25, 2018 to undergo a consultation with an infectious disease doctor on June 26, 2018. They allege that “[A]t the point of [Mrs. Rivers'] admission, All Defendants had a substantial caretaking or custodia...

Excerpt: ...y General Act (“PAGA”) action. Plaintiff Robert Parsons, as an individual and on behalf of all others similarly situated, alleges that Defendant violated Labor Code §204(d) by failing to timely pay its employees. Plaintiff requests civil penalties pursuant to Labor Code §2698 et. seq. Defendant moved for judgment on the pleadings on the ground that Plaintiff failed to serve a demand on Defendant pursuant to Labor Code §211 prior to the fil...

Excerpt: ...Reyes, Roosevelt Properties, LLC, Property Management Agency, Inc. and Willie Vaughn (collectively, “Defendants”) alleging multiple habitability and housing violations. (ROA 1.) By this motion, Plaintiffs seek leave to amend to add allegations of conduct that occurred from July 29, 2019, through August 3, 2019. (DMN Decl. ¶ 8.) Trial is currently set for March 3, 2020. Specifically, the FAC would differ from the original complaint in the fol...

Excerpt: ... 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 stipulated to...

Excerpt: ...he termination of Plaintiff's employment by Defendant. Plaintiff filed the complaint on September 8, 2017, alleging causes of action for defamation, violation of Labor Code sections 98.6, 1102.5, and 6310, and wrongful termination in violation of public policy. Plaintiff was previously represented by counsel, but has been self‐represented since January of 2019. (ROA 38.) Plaintiff has not conducted any discovery in this case or taken any deposi...

Excerpt: ...ging common counts, defendant filed an answer which included a general denial followed by 24 purported affirmative defenses. In this motion plaintiff now seeks to strike all but five of these affirmative defenses on the grounds they were asserted in violation of the standards found in Code of Civil Procedure §128.7(b)(2) and (3) and defendant, after being provided notice and opportunity, failed to withdraw these defenses. Plaintiff also requests...

Excerpt: ...t had the opportunity to respond to. The Court is not considering the late‐filed opposition, however the evidence before the court that was timely filed is sufficient to deny the motion to compel arbitration. Petitioner seeks an order under the California Arbitration Act (California Code of Civil Procedure §§ 1281 et seq.) compelling Respondent John Clark to arbitrate his wage and hour claims alleged in his Labor Commissioner Complaint (pursu...

Excerpt: ...rnia Code of Civil Procedure §§ 1281 et seq.) compelling Respondent Christopher Evans to arbitrate his wage and hour alleged in his Labor Commissioner Complaint (pursuant to California Code of Civil Procedure § 1281.2), and dismissing the Labor Commissioner hearing pending the completion of arbitration (pursuant to California Code of Civil Procedure § 1281.4). In the alternative, Petitioner requests a stay of the Labor Commissioner hearing pe...

Excerpt: ...ubmitted. Therefore, the undisputed facts remain undisputed. It bears noting that plaintiff's opposition wholly fails to comply with the summary judgment statute. Civil Procedure section 437c (b)(3) provides: The opposition papers shall include a separate statement that responds to each of the material facts contended by the moving party to be undisputed, indicating if the opposing party agrees or disagrees that those facts are undisputed. The st...

Excerpt: ... for two LLCs. He also alleges that he had a separate joint account with his wife, Carol Fauerbach, at the credit union. He alleges that on an unspecified date, he withdrew $20,000 from this "joint account" that he held with his wife and deposited it with another institution. Plaintiff alleges that defendant, at an unspecified date, wrongfully debited his LLC trust account ("trust" account) in the amount of $20,000 and put the funds into Carol's ...