Excerpt: ...f action that will be addressed at the hearing. The parties are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. ** CDSS's request for judicial notice is denied as it was not relevant to the Court's ruling. Overview This action was commenced on 12/2/2019. The First Amended Complaint was filed on 2/18/2020. The Second Amended Complaint (“2AC”) was filed on 9/13/2021. The 2AC a...

Excerpt: ...ilure to pay wages owed in violation of Labor Code § 204, violation of Business & Professions Code § 17200, and for penalties pursuant to the Private Attorneys General Act of 2004 (“PAGA”). Plaintiff asserted the causes of action on an individual and class/representative basis. On June 16, 2014, this Court granted Defendant's motion to compel arbitration. (ROA 17) The Court granted the motion as to the first and second causes of action but ...

Excerpt: ...ust 24, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 161 4650 6749. To appear on Zoom by phone, call (833) 568‐8864 and enter 161 4650 6749#. Appearance is required. Defendant Keri Hamilton's motion to dismiss for delay in prosecution is denied. This matter was originally set for August 3, 2022. The Court continued the matter so that it could consider Plaintiff's late filed opposition and allow Defendant to file a repl...

Excerpt: ...tiffs Rebecca and Michael Kosinski filed their complaint in February 2021 alleging causes of action against Nationwide, Bullseye Leak Detection, Inc., and Moradi arising out of damage to their home caused by water intrusion. A first amended complaint (“FAC”) was filed on February 3, 2002 adding American Leak Detection, Inc. Plaintiffs alleged they filed claims under their homeowner's policy with Nationwide regarding the water intrusion. They ...

Excerpt: ...ling to Defendant Andre Ragland within 48 hours. The litigation coordinator is directed to have Defendant Andre Ragland available at oral argument on August 17, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 161 4650 6749. To appear on Zoom by phone, call (833) 568‐8864 and enter 161 4650 6749#. Appearance is required. Plaintiff John Doe's unopposed motion to compel testimony of Defendant Andre Ragland at continued depos...

Excerpt: ...'s (“Decedent”) treatment in the emergency department at Methodist Hospital. Plaintiffs in pro per, Karen Newsom, and the Estate of Elean Newsom, by and through successor‐in‐interest, Karen Newson (collectively “Plaintiffs”), allege causes of action for wrongful death and survival following Decedent's death while hospitalized at Methodist Hospital. As Dignity Health points out in its supporting papers, all other named defendants have ...

Excerpt: ...Contest Validity of Trust; 3) Financial and Physical Elder Abuse; 4) Intentional Interference with an Expected Inheritance; 5) Conversion; 6) Return and Confirmation of Trust Property; 7) Accounting; and 8) Damages. The gist of the causes of action is that Defendant exerted undue influence over the Decedent in order to convince him to execute the Trust designating the Defendant as the sole beneficiary and leaving nothing to Plaintiff. Plaintiff a...

Excerpt: ...ted. The request for judicial notice shows that Plaintiff's request for admissions to Defendant Jeremy Lorenzo were deemed admitted on January 5, 2022. When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complain...

Excerpt: ...red to notify responding parties immediately of the tentative ruling system and the manner to request a hearing. Plaintiff seeks an interlocutory order to partition the Subject Property, located at 3210 Lerwick Road, Sacramento, California 95821, assessor's parcel number 254‐0142‐007 ‐0000, by sale pursuant to Code of Civil Procedure section 872.720. Plaintiff argues partition is proper because the Subject Property is jointly owned by three...

Excerpt: ...he Third Amended Complaint (“3AC”) is SUSTAINED without leave to amend as follows. Judicial Notice The State Defendants' request for judicial notice of the Government Claim filed by Plaintiff is granted. A court may also take judicial notice of the filing and contents of a Government Claim, but not the "truth of the claim." (Gong v. Rosemead (2014) 226 Cal.App.4th 363, 368, fn. 7.) Factual and Procedural Background This action arises from the...

Excerpt: ...Officer Chambers (“Chambers”) for compensatory, punitive, and injunctive relief due to harassment based on sex. The pleading alleges two causes of actions against Correctional Officer Chambers: (1) sexual harassment under Government Code section 12940; and (2) use of violent acts and threats of violence based on sex in violation of the Civil Code section 51.7 (Ralph Civil Rights Act). Stephanie Watts (“Watts” or “Intervenor‐Plaintiff�...

Excerpt: ...vely, “McAtee”). Mid Valley has been served with the Summons and Complaint, but McAtee has not. Two Declarations of Diligence were filed by Plaintiff on June 9, 2022, indicating the Sheriff attempted to personally serve McAtee on April 29, 2022, at 14771 Sutter Highland Drive, Sutter Creek, California 95685, but was informed there is a new owner at the residence and McAtee had moved to Idaho. Thus, as to McAtee, the motion is DENIED as they h...

Excerpt: ...ication on three stipulated issues are ruled on as follows. This is a construction contract dispute arising from debris cleanup after the Camp Fire in Paradise, California. The parties filed cross‐motions for summary adjudication, and have stipulated to the adjudication of three legal issues pursuant to Code of Civil Procedure Section 437c(t). (Register of Actions (“ROA”) 32.) Pursuant to that Section, a party “may move for summary adjudi...

Excerpt: ...sed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or nonexistence of a triable issue of material fact. *** Defendant Safeway Inc.'s motion for summary judgment or, in the alternative, summary adjudication, is ruled upon as follows. In this employment action, Plaintiff Thomas LePage alleges he was wrongfully terminated by Defendant Safeway Inc. Plaintiff filed his complaint o...

Excerpt: ... items except item f, which is an email from Defendant's counsel to Plaintiff's counsel. This email is not the proper subject of judicial notice. As to the remaining items, which are documents in the Court's file in this action, judicial notice is taken only as to the existence of the documents only, not the truth of the matters asserted therein. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findin...

Excerpt: ... filed on July 13, 2022. Background Facts & Procedure This is a public nuisance action brought by Plaintiff City of Sacramento (the “City”) concerning real property commonly known as 2246 Waterford, Sacramento, CA 95815 (the “Property”). Defendant Linda Siegrist (“Defendant”) is the Property's owner of record. The City commenced this action on February 17, 2017, alleging the following causes of action: (1) public nuisance under the Ci...

Excerpt: ...ut of an alleged agreement whereby CTI performed certain tax services on behalf of plaintiff Nelson and his businesses, ultimately charging the latter over $800,000. Plaintiff Nelson, the owner or part‐ owner of several different businesses, claims to have for several decades relied on Yribarren for accounting services, financial advice, business planning and taxes, ultimately coming to place “significant trust” in Yribarren. According to t...

Excerpt: ...est for attorney's fees is DENIED as follows. Defendants' request for judicial notice is GRANTED. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590.) Factual Background This action involves a dispute between Plaintiff KHM Holdings, LLC (“Plaintiff”) and various defendants, including instant mov...

Excerpt: ...tor is also directed to have plaintiff James Root available for oral argument on 8/23/2022 at 1:30 p.m. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above for oral argument on October 20, 2021. Appearance is required. Defendants Department of Corrections and Rehabilitation, Lynch and Williamson's motion to di...

Excerpt: ...or Defendant to file and serve a supplemental declaration clarifying what sanctions it is seeking. Defendant has filed a supplemental declaration and the Court rules on the unopposed motion as follows. Defendant brings the instant motion on the grounds that Plaintiff has yet to provide verified responses to Defendant's requests for production, as ordered by the Court; Plaintiff has continued to refuse to respond substantively or properly to each ...

Excerpt: ...ed to a credit card account. Plaintiff's request for judicial notice of a federal statute and a federal regulation is GRANTED. Facts Plaintiff's complaint for common counts stems from allegations that Defendant Kamille Ford (“Defendant”) applied to Plaintiff for a credit card account and entered into a written credit card account agreement with Plaintiff for the account number ending in 1000 (the "Account"). (UMF 1, 10.) Defendant agreed to b...

Excerpt: ...red to notify responding parties immediately of the tentative ruling system and the manner to request a hearing. Plaintiff seeks an interlocutory order to partition the Subject Property, located at 3210 Lerwick Road, Sacramento, California 95821, assessor's parcel number 254‐0142‐007 ‐0000, by sale pursuant to Code of Civil Procedure section 872.720. Plaintiff argues partition is proper because the Subject Property is jointly owned by three...

Excerpt: ...laint is ruled as follows. Factual Background This matter arises from Plaintiff's former employment with Defendant. Plaintiff alleges she first began working for Defendant in November 2013 and for the first eight 8 years of her employment, she received verbal praise and positive performance evaluations. (Verified Complaint ¶¶ 6‐7.) Due to the COVID‐19 pandemic, Plaintiff and other employees of Defendant began working from home. Plaintiff al...

Excerpt: ...020, attorneys for Defendants California Window Concepts, Inc., California Windows Concepts (NV), LLC, and Preferred Window Products of Nevada, LLC withdrew from representation on the basis that the entities were suspended, dissolved, and inactive, respectively. On December 8, 2021, attorneys for Defendants Preferred Window Products, Inc., Preferred Window Products of California, LLC, and Pacific West Capital Holdings, Inc. withdrew from represen...

Excerpt: ...Set One, No. 17.1, served on June 7, 2021. (Notice at 2.) Defendant also requests monetary sanctions in the amount of $1,460.00 against Plaintiff pursuant to CCP sections 2030.290(c), 2030.300(d), 2023.030, and 2023.010(g). (Ibid.) Defendant also indicates in its Notice of Motion that Plaintiff has not complied with this Court's previous Order to provide a verification to his amended responses to Defendant's Form Interrogatories, Set One. (Notice...