Excerpt: .... In any event, neither are relevant to the Court's ruling below. At the outset, Plaintiff's 22 page memorandum violates the page limits set forth in CRC Rule 3.1113(d). Plaintiff did not obtain an order from the Court allowing him to file such an oversized opposition memorandum. Nevertheless, the Court considered the entirety of the memorandum. Plaintiff alleges causes of action against Defendant for: (1) breach of fiduciary duty; (2) negligence...

Excerpt: ...cal Rule 1.06. Moving counsel is directed to contact opposing counsel and advise counsel 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 the hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Background Plaintiff filed the underlying Complaint against Defendant on December 28, 2020. (Register of Ac...

Excerpt: ..., Set One is ruled upon as follows. Plaintiff's request for judicial notice is DENIED as the Court finds the document of which Plaintiff seeks judicial notice is irrelevant to resolution of this motion. (Atherton v. California High‐ Speed Rail Authority (2014) 228 Cal.App.4th 314, 341 [finding that the court may decline to take judicial notice of irrelevant matters].) According to Plaintiff, Plaintiff served the following discovery requests on ...

Excerpt: ...the account number ended in 1005 (the “Account”) on October 28, 2019. Defendant agreed to be bound by the terms and conditions set forth in the card member Agreement when Defendant applied, for received, or used the Account. In addition, the card member Agreement provides that use of the card constitutes acceptance of the agreement. After Defendant received the credit card, purchases were made by the use of the Account and charging of various...

Excerpt: ...�), is substandard as defined in California Health and Safety Code section 17920.3 and is a public nuisance. (ROA 1.) On July 19, 2021, this Court entered an order finding the Subject Property to be such and appointed Receiver Richardson Griswold (“Receiver”) pursuant to Health and Safety Code section 17980.7. (Id., 46.) The order required the Receiver to “take full control and possession of the Subject Property and to take such actions as ...

Excerpt: ...ff Onte Burns‐Robinson's (“Plaintiff”) motion for relief from stay, dismissing the Plaintiff's class claims without prejudice, and granting Plaintiff leave to file a Second Amended Complaint (“SAC”) is GRANTED as follows. On January 28, 2021, this Court granted Defendant's motion to compel arbitration ordering Plaintiff to arbitrate his wage and hour individual claims, while staying his class and representative PAGA claims pending the r...

Excerpt: ...nterest community known as Eskaton Village in Grass Valley ("Village"), which includes 267 housing units, of which 130 are owned separately by individual homeowners. These 130 individually‐owned single family residences are referred to as the "Patio Homes." The remaining 137 units are located on a parcel that contains a Lodge" with 137 rental apartment units that are mixture of assisted living and independent living apartments. On November 19, ...

Excerpt: ...tters. *** Defendant Isaac Tillman's (“Tillman”) demurrer to Plaintiff Shane Kennedy's first amended complaint (“FAC”) is ruled upon as follows. This action relates to an action filed by Dalila Fontana (“Fontana”). Tillman has filed a concurrent demurrer to Fontana's first amended complaint. (See Item # 10.) In this action, Plaintiff alleges that Tillman was his direct supervisor from May 2016 until 2019. In November of 2017, Plaintif...

Excerpt: ... issue in this lawsuit. (SAC ¶¶ 5 & 26.) Plaintiff alleges that HMA runs and advertises a certification program in which its used vehicles are certified by HMA‐ authorized retailers as being in pristine condition (“CPO Program”). (SAC ¶¶ 16‐17.) HMA advertises that: “Each Hyundai Certified Pre‐Owned vehicle must meet age and mileage requirements, have a clean title verified by CARFAX®, and pass an extensive 173‐point mechanical...

Excerpt: ...x and disability based employment dispute. As relevant to this litigation, Plaintiff worked for CHP as a Data Processing Manager I from 2014 until Plaintiff was demoted in 2019. (FAC ¶ 7.) Defendant/non‐moving party Isaac Tillman (“Tillman”) was Plaintiff's supervisor and a Division Chief for CHP. (FAC ¶ 12(a).) Plaintiff alleges that all defendants were the agents and employees of each of their co‐defendants and were acting in the cour...

Excerpt: ...dent at Defendants Evergreen Innovation Group, LLC and DPR Construction, Inc. (“Evergreen”) on or about August 31, 2020. (Complaint, ¶ 7.) During the interview process for this position, Plaintiff was informed he would be eligible for an end of the year bonus in 2020. (Id., ¶ 8.) In late 2020 or early 2021, Plaintiff spoke with Defendant Brandon Hanlon (“Hanlon”), Evergreen's Electrical Division Manager, regarding Plaintiff not receivin...

Excerpt: ...osing 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). Specially appearing Cross‐Defendant Roger Duke's motion to quash service of summons of Michel J. Orradre and Mary F. Orradre as Trustees of the 1988 Orradre Revocable Trust dated April 26, 1988 (“Cross‐Complainants”) Cross�...

Excerpt: ... compel arbitration based on the Respondent's signed contractual agreement to arbitrate any disputes under the insurance policy with an arbitrator affiliated with American Arbitration Association ("AAA"). On June 11, 2021, the Court granted Petitioner's motion and ordered the parties to arbitrate Respondent's claims. Respondent's Notice of Motion seeks an order that Petitioner shall pay Respondent's reasonable attorney's fees and costs related to...

Excerpt: ... Exhibit A (a Court Order on a motion for summary judgment in a separate action filed in the Los Angeles County Superior Court), the court accepts the fact of its existence, not the truth of its contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [�...

Excerpt: ..., Plaintiff alleges a Labor Code section 226(a) claim predicated on Defendants' failure to provide wage statements that identify the inclusive dates of the pay period, i.e. when the pay period began, and a cause of action for violation of PAGA predicated on Defendants' alleged violation of Labor Code section 226(a). The trial court has broad discretion to determine whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Ba...

Excerpt: ...oyee engaged in a wrongful act, and DDS is immune from liability because the actions of its employees were statutorily authorized and within their discretion in performing their official duties. Plaintiff's 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. Dept. of Transp. (1997) 15 Cal.4th 543, 590 (j...

Excerpt: ...sisting of all current and former hourly‐paid or non‐exempt employees of Defendant within the state of California at any time from September 11, 2016 to the present. Plaintiff also brings a PAGA claim. See Plaintiff's First Amended Complaint, ¶ 13 ("FAC"). In this motion, Plaintiff seeks an order compelling Maxgen Energy Services Corporation ("Defendant") to provide further responses to Special Interrogatories. Plaintiff states that the disc...

Excerpt: ...otify responding party immediately of the tentative ruling system and the manner to request a hearing. If moving counsel is unable to contact responding party prior to hearing, moving counsel is ordered to appear at the hearing. Defendants' request for judicial notice of Court Orders in other actions is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Profe...

Excerpt: ...s commenced on July 24, 2019, by the Attorney General of California on behalf of the People of this state. The complaint generally alleges that MAF, identified as a California Nonprofit Public Benefit Corporation, and the individual defendants engaged in a variety of wrongdoing including breaching fiduciary duties, self‐ dealing, engaging in deceptive and misleading solicitations, and violating applicable statutes and regulations. On April 2, 2...

Excerpt: ...al., in the U.S. District Court, Eastern District of Tennessee, Case No. 4:16‐cv‐00117‐HSM‐CHS, 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 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (20...

Excerpt: ...e scheme to acquire Plaintiff's confidential data and divert Plaintiff's customers and business opportunities to his competing business. Plaintiffs contend defendant concealed evidence of his illegal activities by removing and destroying the hard drive from his company‐owned desktop computer (the "Computer") prior to returning the Computer to Plaintiff with a new hard drive after he resigned. Plaintiff seeks the following discovery from defenda...

Excerpt: ... 4th Avenue, Sacramento, California (the “Property”). Plaintiff and Defendant participated in a Mandatory Settlement Conference on January 30, 2019, in Department 59 and executed a written “Stipulation for Settlement Code of Civil Procedure Section 664.6; Order” (the “Stipulation”). An Order was signed by Judge Davidian that same day. (ROA 23.) Pursuant to the Stipulation, Defendant was to sell the Property and pay Plaintiff $12,000 f...

Excerpt: ...ent in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App.3d 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and cases cited therein); Class Plaintiffs v. City of Seattle (9th Cir. 1992) 955 F.2d 1268, 1276; Van Bronkh...

Excerpt: ...im Williams. (FAC ¶ 13.) She also alleges that her step‐father, demurring Defendant John Black was a minister and that her mother, co‐Defendant Kelli Black was a member. Plaintiff alleges that Mr. Black moved in with her mother, Ms. Black when she was 11. (FAC ¶ 15.) Plaintiff alleges that Mr. Black sexually molested her from the time she was eleven in 1994 until the time she was 16. (FAC ¶¶ 15‐29.) She alleges that the abuse occurred i...

Excerpt: ...ation coordinator is directed to have Plaintiff James Root available at oral argument on October 20, 2021 at 1:30 pm. 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 California Department of Corrections and Rehabilitation (“CDCR”...

Excerpt: ...Rules of Court, Rule 3.769.) The trial court has broad discretion to determine whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App.3d 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and ...

Excerpt: ...to determine whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App.3rd 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and cases cited therein); Class Plaintiffs v. City of Seattle (9th Ci...

Excerpt: ...smission and overheating (“Defects”), Plaintiff seeks to compel Defendant to produce a person most knowledgeable (“PMK”) with respect to numerous topics in addition to producing certain documents at the deposition. The subject PMK topics deal with repairs to the subject vehicle, technical service bulletins (“TSB”) related to the subject vehicle, recalls, refusal to repurchase the subject vehicle, warranty policies, repair procedures, ...

Excerpt: ... 48 hours. The litigation coordinator is directed to have Plaintiff Alan Hammler available at oral argument on October 20, 2021 at 1:30 pm. 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. Self‐represented Plaintiff Allen Hammler's motion for ...

Excerpt: ...be addressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Plaintiff Citizens Insurance Company of America's (“CICA”) motion for summary judgment, or in the alternative, summary adjudication against Defendant American Economy Insurance Co. (“AEIC”) is DENIED. CICA's and AEIC's requests for judicial notice ar...

Excerpt: ...net Riley, by and through her successor‐ininterest Damon Riley, alleges causes of action for Elder Abuse in connection with her stay at Countryhouse's “Memory Care Unit.” Plaintiff Damon Riley, Ms. Riley's son, alleges causes of action for Negligent Infliction of Emotional Distress and Wrongful Death. Plaintiff alleges that Ms. Riley was admitted to the facility to address her dementia, though she was otherwise healthy at the time. They all...

Excerpt: ...employee Tommy Brower. Plaintiff alleges that Mr. Brower was in the course and scope of his employment with ACP when he was operating a concrete boom pump in close proximity to Plaintiff resulting in injuries to Plaintiff. Plaintiff claims that he has suffered cognitive impairments and behavioral changes due to the injuries. At issue on this motion is Defendant's response to Plaintiff's form interrogatory 2.5 which asks for Defendant's current ad...

Excerpt: ...each of contract and more premised on allegations that Plaintiff failed to pay rent. At issue on the instant motion is Defendant Norman Leal's response to Plaintiff's special interrogatory no. 4 which asked Defendant to identify “which of the CrossComplainants entered into the oral agreement with Jensen as alleged in paragraphs 10 and 11 of the Cross‐Complaint.” Defendant interposed various objections but answered that “Elaine Jones enter...

Excerpt: ...school. Plaintiff alleges that CDI controlled and operated the pre‐school program and that CDI negligently hired/retained Mr. Turks, despite a prior record of similar conduct at his place of prior employment and CDI's knowledge of his unfitness as an employee. Plaintiff seeks a protective order “to prevent counsel for Defendant Continuing Development Inc. (“CDI”), from engaging in abuse of the discovery process by repeatedly making improp...

Excerpt: ...able to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The opposition fails to comply with CRC Rule 3.1113(f). Overview This is a lemon law action arising from plaintiff's purchase of a 2018 Jeep Cherokee. Plaintiff, represented by The Barry Law Firm, filed suit in June 2019 and ultimately agreed in July 2021 to accept defendants' Code of Civil Procedure §998 offer of $27,00...

Excerpt: ...ffs' 1AC advances against several defendants causes of action for medical malpractice, negligent hiring/supervision, negligent infliction of emotional distress and intentional infliction of emotional distress (“IIED”) based on conduct occurring in the spring of 2020, when plaintiff Leslie White was suspected to have suffered a heart attack. In pertinent part, the 1AC specifically alleges in the “Factual Allegations” section the following ...

Excerpt: ...Defendant on grounds he is an individual defendant and cannot be liable for retaliation and moves to strike paragraph 22 of the complaint on grounds it includes allegations barred by the statute of limitations. The motion is ruled on as follows. The parties' requests for judicial notice are granted. Plaintiff is a former employee of Defendant Sacramento County Sheriff's Department who provided some services to Defendant Elk Grove Unified School D...

Excerpt: ...l Notice Plaintiffs' Request for Judicial Notice is granted as to Exhibit 5, Plaintiffs' Second Amended Complaint. The Court declines to take judicial notice of the other exhibits because they were not relevant to the Court's determination of this motion. Overview This is an action between neighbors. Defendants' property sits 15‐20 feet above Plaintiffs' property to the north on a hill. Plaintiffs allege that “[Defendants] Wills have taken ad...

Excerpt: ...e addressed at the hearing. The parties should be prepared to point to specific admissible evidence already in the record which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Moving counsel failed to comply with CRC Rule 3.1350(g), requiring a single volume of evidence (including declarations) with a table of contents when the evidence exceeds 25 pages. Factual Background This action was commenced on ...

Excerpt: ...tractual relations on grounds that no evidence shows that any DDS employee engaged in a wrongful act, and DDS is immune from liability because the actions of its employees were statutorily authorized and within their discretion in performing their official duties. Plaintiff's 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 Pr...

Excerpt: ...counsel is directed to contact Plaintiff's counsel and advise counsel 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's counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Plaintiffs' request for judicial notice of orders in other cases in federal district court actions and a decision from the Firs...

Excerpt: ...s the Patient Portal to be secure but when a person uses the Portal, Sutter discloses certain information about such use to Facebook, Google, and other third parties. For example, Plaintiffs allege that upon signing into the Patient Portal, Sutter discloses the fact of the sign in and each patient's personally identifiable information to Facebook, Google, and Crazy Egg. (2AC, ¶¶ 5b, 8.) Once signed‐in, if a patient clicks to view allergies, a...

Excerpt: ...oyers: CVS Caremark, MBLOX, and Globetrend Consulting. (Opp. 4:17‐18.) DHCS also states that it has withdrawn the subpoena served on MBLOX because the company informed DHCS that it had no responsive records. (Curran Decl. ¶ 2.) DHCS does not state whether it has in fact withdrawn the subpoenas issued to Adobe, Xinet North Plains, Chela Financial Resources, or Sentry Alarm Systems as well. Therefore, based on the statements in DHCS's Opposition...

Excerpt: ...d upon as follows. Moving counsel's 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 counsel 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 the hearing, moving counsel is ordered to appear at the hearing...

Excerpt: ...that the asset purchase agreement identifies a transfer of the website to you? 2. Mr. Barnum, is it your belief that the asset purchase agreement transfers ownership of the website to you? This lawsuit includes a mix of legal malpractice claims against a law firm and attorneys not party to this motion and business‐related claims against Barnum and two other defendants. White alleges that in 2015, he and others decided to start a restaurant ente...

Excerpt: ...final fairness hearing to be held on this date. (Code Civ. Proc., § 382, CRC Rule 3.769.) As required by the applicable Rule of Court, the Court shall conduct a final approval hearing to inquire into the fairness of the proposed settlement. (CRC Rule 3.769(g).) A presumption of fairness exists where: (1) the settlement is reached through arm'slength bargaining; (2) investigation and discovery are sufficient to allow counsel and the court to act ...

Excerpt: ...t August 22, 2017, Cross‐Complaint entered into a commercial lease agreement with Lakeside for property in Folsom, CA. On or about January 15, 2018 and February 2, 2018, Cross‐Defendant Kenneth Roebbelen (the sole owner of Lakeside) physically visited the premises, yelled at Cross‐Complainant's employees, threatened Cross‐Complainant's employees, and threatened to throw property out on the curb. Cross‐Defendants also harassed Cross‐Co...

Excerpt: ...epresents the Patient Portal to be secure but when a person uses the Patient Portal, Sutter discloses certain information about such use to Facebook, Google, and other third parties. For example, Plaintiffs allege that upon signing into the Patient Portal, Sutter discloses the fact of the sign in and each patient's personally identifiable information to Facebook, Google, and Crazy Egg. (2AC, ¶¶ 5b, 8.) Once signed‐in, if a patient clicks to v...

Excerpt: ... "Plaintiffs"), allege that Defendants 3 Point, Christopher MacPhail ("C. MacPhail"), and Dorothy MacPhail ("D. MacPhail") (collectively "the MacPhails") surreptitiously took partnership profits for their own personal gain without benefit to the partnerships. (See generally, Declaration of Dorothy C. Yamamoto in support of Plaintiffs' Motion to Compel Further Responses to Request for Production of Documents, Set Two, ["Yamamoto Decl."], 112, Ex. ...

Excerpt: ...PIC's Evidentiary Objections to the Declaration of Ahmad are sustained for the reasons stated in the evidentiary objections. The Court will sign the formal orders on the evidentiary objections after the ruling becomes final. EPIC moves for summary judgment, contending that it has no duty to defend or indemnify the TWT Cross‐Complaint on behalf of EJ Tires and Auto Repair, LLC or Ejaz Ahmad. EJ Tires contends in the opposition that EPIC is reall...