Excerpt: ...fs Adam J. Harmoning, Araz Parseghian, and Darlene Dravis' (collectively, “Plaintiffs”) motion for preliminary approval of class action settlement is UNOPPOSED and is GRANTED. On June 12, 2018, Plaintiff Araz Parseghian 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, individually, and on behalf of other members of...

Excerpt: ...t Century Insurance Company's (“Cross‐Defendant” or “21st”) demurrer to cross‐complainant Richard E. Lehrfeld's (“Cross‐Complainant” or “Lehrfeld”) Cross‐Complaint is ruled upon as follows. Cross‐Defendant's request for judicial notice of documents in the Court's records is granted. Cross‐Complainant filed the Cross‐Complaint on February 8, 2017, alleging causes of action for intentional misrepresentation, negligent ...

Excerpt: ....saccourt.ca.gov. *** Defendants' demurrer to the first and second causes of action alleged in plaintiff's complaint is SUSTAINED IN PART and OVERRULED IN PART, as follows. Plaintiff's counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This action arises from an incident occurring during a demonstration. The complaint alleges that an on‐duty Sheriff's Deputy driving a law enforcement vehicle struck the plaintiff as sh...

Excerpt: ...Wittman Enterprises, LLC's (“Defendant”) demurrer to plaintiffs Nakita Clark and Dawn Stephenson's (collectively, “Plaintiffs”) Second Amended Complaint (“SAC”) is ruled upon as follows. Plaintiff has filed this wage and hour putative class action on behalf of “[a]ll current and former hourly‐paid or non‐exempt employees who worked for any of the Defendants within the state of California at any time during the period from March ...

Excerpt: ...ction. CCP § 430.10(e);Rakestraw v. California Physicians' Service(2000) 81 Cal.App.4th 39, 42‐43. In reviewing a general demurrer, the facts pleaded are assumed to be true and the only issue is whether they are legally sufficient to state a cause of action.Rope v. Auto‐Chlor System of Wash., Inc.(2013) 220 Cal.App.4th635. The ability of plaintiff to prove them is not in issue.” ( Diamond Multimedia Systems, Inc. v. Superior Court(1999...

Excerpt: ...ch of contract, breach of fiduciary duty, deceit, rescission, unjust enrichment, quiet title, declaratory relief, and specific performance. This dispute arises from the operating agreement of Aurora entered into between Plaintiff and Guttridge in 1998. Plaintiff was a 49% investor member of Aurora. Guttridge was the Managing Member holding 51% of Aurora. Aurora's sole material asset was approximately 900 acres of real property near the City of Ga...

Excerpt: ...leges causes of action for breach of contract and promissory estoppel based on allegations that he was denied a request for a lateral transfer. Plaintiff alleges that he applied for a special agent position in February 2015. (FAC ¶ 8.) He alleges that a senior special agent informed him that while he met the educational requirements he lacked the two years' experience with the primary responsibility for performing investigations at the Correctio...

Excerpt: ...efendant Norman Masters' (“Masters”) demurrer to Defendant/CrossComplainant Sheri Sepanski's (“Sepanski”) first amended cross‐complaint (“FAXC”) is ruled upon as follows. This action arises out of the past relationship between Masters and Sepanski, which apparently was rife with discord and alleged abuse. Sepanski alleges that she was the owner of an auto sales business, over which she claims that in December 2015 Masters “intenti...

Excerpt: ...** Defendants State of California ("State"), Xavier Becerra ("Becerra") and Brent E. Orick Orick"), Acting Chief of the California Department of Justice's Bureau of Firearms ("BOF") (collectively "Defendants") to the first amended complaint (“FAC”) is ruled on as follows. Overview This action was commenced by plaintiffs Franklin Armory, Inc. ("FAI"), a firearms manufacturer, and Sacramento Black...

Excerpt: ...an, who are plaintiffs in this action. Milagros Rada also had a son who predeceased her, Rhosdon, whose five adult children are plaintiffs in this action‐ Rhosdon Jasper, Rhosdon Diamond, Rhosdon Gold, Rhosdon Dawn, and Rhosdon Donald.” (FAC, ¶ 6.) On 5/4/2018, Milagros was walking on the sidewalk in front of Hazel Strauch Elementary when Karen Mendoza drove out of the school parking lot and hit her. Plaintiffs allege that the intersection o...

Excerpt: ...s' notice of motion and motion requests an order striking 12 different portions of Plaintiffs' complaint. The motion was made on grounds that these allegations were not drawn or filed in conformity with the law of this state, a court rule, or an order of the court. (Code Civ. Proc. § 436(b).) However, both Defendants' moving memorandum of points and authorities and its reply fail to present a single argument as to how any of these factual allega...

Excerpt: ... qualified as an insured under the policy. At some point, Bruce filed a gender discrimination, retaliation and defamation lawsuit against the Regents of the University of California and its employees, Enrequita Rico and Leana (“Bruce's Action”). As against Leana, Bruce alleged that she defamed him. Bruce ultimately dismissed Leana from the suit. On 10/16/2018, Leana filed a lawsuit against the Regents of the University of California, Patrick ...

Excerpt: ... as amatter of law." (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850 ), fn. omitted.) A triable issue of material fact exists "if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof." (Ibid., fn. omitted.) Defendants bear "the burden of persuasion that 'one or more elements of...

Excerpt: ...Zoo fell on her. Plaintiff was working as a job coach for Cross‐Defendant Northern California InAlliance (“InAlliance”), a company that provides training to adults with disabilities to help them integrate into the community. On 3/25/2019, the City filed its answer to Plaintiff's' complaint. On 6/2/2016, City filed a cross‐complaint against InAlliance and Summer Owens for indemnity, apportionment of fault, and declaratory relief. InAllianc...

Excerpt: ...�husband using her name and that he was ordered to pay the loan pursuant to their marital settlement decree. At the outset, while Defendant makes both a motion to quash and a motion to set aside, given Defendant is currently in default, the only motion that she may properly make is one to set aside the default. As Defendant's default has been entered by the Clerk and not yet set aside, the Court has lost jurisdiction to address any action by the ...

Excerpt: ..."Galt Address"). Defendant moves to set aside pursuant to CCP 473.5, CCP 473(d), and under the inherent equitable power of the Court. The motion pursuant to CCP 473.5 is untimely. CCP 473.5 provides that "[t]he notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of ...

Excerpt: ...ring on August 28, 2019. At the hearing, Plaintiff's counsel sought to introduce evidence and argument that was not presented in the moving papers. Specifically, Plaintiff sought to introduce into evidence form CMS‐2567 (the federal form from the Centers for Medicare and Medicaid Services). Plaintiff argued form CMS‐2567 proved certain statements made in the declarations of Susan Gilpatrick and Heather Foster were false in that it shows the u...

Excerpt: ...and Tracy Hicks on January 7, 2019, the deposition of Gerald Terrill on April 4, 2019, and the deposition of Tamara Keating on June 18, 2019. Additionally, on April 11, 2019, PDQ obtained DMV records showing that Jason Keating did not have any DUI offenses or accident on his DMV record for the 10 years prior to the accident. Based on these newly discovered facts, PDQ has moved again for summary judgment/adjudication, pursuant to CCP § 437c(f)(2)...

Excerpt: ...November 2015 at Vibra Hospital. Ms. Vaughn was transferred to Vibra for continued management of her IV antibiotics, wound VAC,, hemodialysis, physical therapy, and occupational therapy, after treatment for methicillin resistant staphylococcus aureus (MRSA), and prosthetic valve endocarditis at Sutter Medical Center Sacramento in September and October 2015. (Def. Ex. A at p. 32.). Ms. Vaughn's surviving spouse, Kevin Vaughn, Sr., and her adult ch...

Excerpt: ...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; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐ 121; Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal.App.4th 97, 113; 1 Witkin, Cal. Evid. (5th ed.) Judicial Notice, § 21 at p. 128 ["Judicial notice of the authenticity and contents of an official document does not est...

Excerpt: ...have filed identical Amended Answers, therefore the court is addressing them in one ruling. Plaintiff has filed demurrers to the 2nd ‐ 11tth and the 13th Affirmative defenses alleged in the Amended Answer. Plaintiffs contend that the Answers fail to state facts to sufficient to constitute an affirmative defense, and that the affirmative defenses are uncertain. C.C.P., sec. 430.20 (a) provides for a demurrer to an Answer, where “The answer doe...

Excerpt: ... Plaintiff's answer to Samra's Cross‐ Complaint is granted. Samra's objections to the Declaration of Corey Travis, number 1 is sustained. The remaining objections are overruled. Plaintiff's objections to the Declaration of Gurdip Samra and to the Declaration of Tommy Ponder are overruled. This action arises from a purchase and sale agreement regarding property to be used to legally distribute cannabis. The dispute arose after Samra cancelled th...

Excerpt: ...elopment Co., Inc. v. County of Alameda (2015) 242 Cal.App.4th 760, 765.) In determining whether a plaintiff properly stated a claim for relief, the Court shall treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law. In this putative wage and hour class action, Plaintiffs allege numerous causes of action premised on Labor Code violations. The second cause of action is fo...

Excerpt: ...lder abuse case, Plaintiff alleges the following two causes of action: (1) violation of the Elder Abuse Act; and (2) negligent hiring and supervision. Plaintiff filed this action on June 22, 2018. Defendants filed their Answer on September 14, 2018, wherein they asserted twenty affirmative defenses. (ROA 40.) Plaintiff seeks adjudication of nine of Defendants' affirmative defenses on the grounds that Eskaton failed to identify a single fact, witn...

Excerpt: ...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. *** The motion of defendant Estate of Jason Christopher Keating, Deceased (“Estate”) for summary adjudication of issues as against plaintiffs is DENIED in its entirety, as follows. The Court notes that most, if not all, of the affirmative defenses implicated by this motion do not appe...

Excerpt: ...s. This legal malpractice action arises from Defendants' alleged mishandling of Plaintiff's personal injury suit, and the settlement Defendants' negotiated on her behalf. The underlying personal injury action arose from a fall that occurred on June 15, 2001. Plaintiff, then 19‐months old, fell from the second story landing in her mother's apartment building. Plaintiff is currently 18 years old. Plaintiff's mother, Elisabeth Boutte, retained Def...

Excerpt: ...or plaintiff's failure to bring this matter to trial within five years. In advance of the motion's original 7/22/2019 hearing date, this Court issued a tentative ruling denying CDCR's motion on the ground that CDCR was not seeking to dismiss the action but rather just two of the five causes of action alleged in the Third Amended Complaint (“TAC”). After receiving additional briefing on the matter, the Court on 8/19/2019 issued a Ruling on Sub...

Excerpt: ...on is titled as one to withdraw Shade's "requests for admissions," the Court is unaware of any procedure by which Diede could move to withdraw discovery served by Shade. Diede may only move to withdraw its admissions to Shade's requests for admissions. Indeed, despite the misleading title of the motion, the substance of the moving papers appear to properly seek to withdraw only Diede's admissions, not the actual requests thems...

Excerpt: ...ton 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. The FAC arises from an alleged agricultural joint venture doing business as W.U.R.M. Assets, LLC, between Plaintiff Umashankar and Defendant Brian Radoo, Defendant Bobby Mohamed, and Scott Wallace. Plaintiffs seek t...

Excerpt: ...port animal. The employee threatened Plaintiff by stating that he would stomp on Plaintiffs support animal; taser Plaintiff; pepper spray Plaintiff; and call the police on Plaintiff. The employee violently grabbed Plaintiffs dreadlocks and dragged her out of the AM PM by her hair. Plaintiff filed this action on 10/23/2017. Her complaint asserts causes of action for assault, battery, IIED, Respondeat Superior, and Negligent Hiring/Training/Retenti...

Excerpt: ...ent, IIED, trespass to chattel, conversion, private nuisance and interference with contract. The FAC arises from an alleged agricultural joint venture doing business as W.U.R.M. Assets, LLC, between Plaintiff Umashankar and Defendant Brian Radoo, Defendant Bobby Mohamed, and Scott Wallace. It is alleged that on May 10, 2018, that Defendants came to the property and began screaming, cursing and threatening them, locked up their dogs, brandished a ...

Excerpt: ...‐2018‐ 00245075 alleging individual and derivative causes of action against Ming Le. OSI and Ming Le filed their complaint against Kenny Le in case no. 34‐2018‐ 00246072. The cases were consolidated on June 11, 2019, and Kenny's action was designated as the lead case. Prior to the matters being consolidated, OSI and Ming Le prevailed on their motion for preliminary injunction which was granted by Judge Krueger in January 2019. By virtue o...

Excerpt: ... immediately. No formal order pursuant to CRC rule 3.1312 or other notice is required. Item 4 2018‐ 00233339‐CU‐NP Pamela J. Palmieri vs. Stephen Foondos Nature of Proceeding: Filed By: Hearing on Demurrer to First Amended Complaint Sargetis, John Defendants Stephen Foondos, John Sargentis and United Law Center's demurrer to Plaintiff Pamela Palmieri and Kayrinka Gilliland's first amended complaint (“FAC”) is sustained with leave to ame...

Excerpt: .... Mar improperly and negligently performed the procedure, failing to exercise the proper degree of knowledge and skill in administering medical attention to Plaintiff, diagnosing Plaintiff, and treating Plaintiff during the procedure. (Compl. ¶9.) Plaintiff alleges that Dr. Mar's negligence caused Plaintiff damages, including physical and emotional pain and the inability to work. (Id. ¶10.) Dr. Mar moves for summary judgment on the ground he ac...

Excerpt: ...lesteros is ruled on as follows. The Court shall address all demurrers in one ruling as the parties have each submitted only one points and authorities. Defendants have each filed Answers containing affirmative defenses. Plaintiffs contend generally that each of the affirmative defenses either fails to state facts sufficient to constitute an affirmative defense, that they are uncertain, or that they are not in fact affirmative defenses. Plaintiff...

Excerpt: ...of September 13, there is still no opposition in the court file/CCMS. According to the Complaint, plaintiff is represented by Sacramento counsel and therefore it is unclear why the Opposition was not filed with the Court. The Court is therefore ruling on the demurrer and motion to strike as unopposed. On February 10, 2018, Plaintiff Nichole McGarey executed a rental agreement with 1st American to rent a self‐storage unit at 2928 Scotland Drive,...

Excerpt: ...ber 20, 2016 when she fell at BJ's Restaurant as a result of Defendant's negligence. (UMF 1.) While Defendant fashions the instant motion as a Motion for Summary Judgment, Defendant presents two separate issues in its Separate Statement. The first Issue states: “Plaintiff's causes of action for negligence and premises liability fail as a matter of law because she has admitted Defendant was not negligent and that she has not suffered injury.” ...

Excerpt: ...ffe, Scott E. Defendant's Motion to File a Cross‐Complaint is unopposed and is granted. On June 8, 2018, defendant filed his Answer to the Complaint involving alleging a breach of a commercial lease. Defendant determined after conducting discovery and reviewing discovery that he has a claim against the plaintiff involving the same lease. Defendant wishes to file a compulsory cross‐complaint against the plaintiff. As noted in 5 Witkin Cal....

Excerpt: ...erred to the settlement nor attached the settlement agreement in which the parties agreed that the Court would retain jurisdiction over the case. Generally, when there is a voluntary dismissal of the entire action, the court's jurisdiction terminates. See, Casa de Valley View Owner's Assn. v. Stevenson (1985) 167 Cal.App.3d 1182, 1192. Indeed, dismissal affects the court's ability to retain subject matter jurisdiction. Once a party ha...

Excerpt: ...James F. Lewin, erroneously believed that the Complaint was served by substituted service on TMLF, meaning that service would not be deemed complete until the tenth day after Plaintiff's counsel mailed a copy of the Complaint to TMLF. (Lewin Decl. ¶5.) TMLF never received a mailed copy of the Complaint, and as a result, Mr. Lewin failed to properly calendar a date to timely file a responsive pleading. (Id. ¶¶4‐5.) Plaintiff's counsel served ...

Excerpt: ...t of KFH's name when she filed her complaint. This action arises out of Plaintiff's employment at a Kaiser Permanente facility in Folsom, California. Plaintiff filed the Complaint in this action on December 6, 2016, against the Permanente Medical Group and Does 1‐50. (ROA 1.) Plaintiff's complaint alleges claims for fraud, negligent misrepresentation, disability discrimination, wrongful termination, failure to reasonably accommodate, and IIED, ...

Excerpt: ...rt 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 the settlement. The Court's inquiry in ruling o...

Excerpt: ...ncarcerated party within 48 hours of receipt. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that the incarcerated party need not request oral argument. The Litigation Coordinator shall make plaintiff available, by Court Call at 9:00 a.m. on the date of the continued hearing date, which will be September 24, 2019 , to participat...

Excerpt: ...on arising from a July 24, 2015, motor vehicle accident, Plaintiff propounded their second set of requests for production of documents, which included requests 69 and 70. These two requests asked Defendant for all documents relating to any video surveillance, including any sub rosa surveillance, taken of Plaintiffs at any time since July 24, 2015. Defendants objected on the ground of attorney‐client privilege and work product doctrine. Plaintif...

Excerpt: ...this personal injury action, Plaintiff was repairing Defendant's vehicle (a large truck with a trailer used for transporting cars). While Plaintiff was under the trailer, Defendant started the truck and almost ran Plaintiff over. The facts relevant to this motion are as follows. On March 29, 2019, Plaintiff's counsel sent an email to defense counsel requesting deposition dates for Defendant's employees (Ion Sirbu and Ejaz Ahmad) and Defendant's P...

Excerpt: ...wer is granted. The Court does not rule on Plaintiff's evidentiary objections filed in support of his opposition since they concern evidence deemed immaterial to decision on the motion. (Code Civ. Proc., § 437c, subd. (q).) Plaintiff filed his form complaint on October 12, 2018, alleging a single cause of action for premises liability. (ROA 1.) Plaintiff alleges he was “injured by a dangerous condition of public property of which defendants ha...

Excerpt: ...aimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Environmental Alternatives Corporation's (“EAC”) motion for summary judgment is ruled on as follows. 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. Moving counsel failed to comply with CRC Rule 3.1354(b), which exp...

Excerpt: ...CTS The following facts are taken from the First Amended Cross‐Complaint filed by CrossComplainants Applied Underwriters Captive Risk Assurance Company, Inc. (AUCRA), and California Insurance Company (CIC) (together referred to as “Applied”). For purposes of demurrer, these facts are assumed to be true. In January 2013, Mountain F and Applied entered into agreements relating to Mountain F's purchase of workers' compensation insurance. (FACC...

Excerpt: ...Defendants Visit Elk Grove (“VEG”) and Rachel Brown's demurrer to the First Amended Complaint (“1AC”) ruled on as follows. Plaintiff's counsel failed to comply with CRC Rule 2.111(3). Plaintiff had a month‐to‐month contract whereby her company would provide various services to VEG, including web design, strategic planning and media relations. It is alleged that VEG's executive director expressed interest in a romantic relationship wit...

Excerpt: ...aintiff and BEG entered into an Amended and Restated Loan and Security Agreement with regard to the 2007 loan of $125,000. On June 22, 2017, Plaintiff demanded payment of the outstanding indebtedness. Defendants failed to pay and Plaintiff filed a complaint on December 11, 2017, alleging a single cause of action for damages pursuant to the California Uniform Commercial Code. A First Amended Complaint was filed on March 20, 2018. Defendants demurr...

Excerpt: ...opposition consists of a request for judicial notice and declarations from himself, his son Robert Gonzalez and his current counsel. Plaintiff's request for judicial notice is granted. According to Defendant, he was never served with the summons and complaint. Defendant formerly represented Plaintiff Daniel Gonzalez in Gonzalez v. Peters, Sacramento Superior Court case number 34‐2011‐ 00105722 ("Peters"). Defendant was aware that ...

Excerpt: ...al. App.3rd 1117, 1138.) Newberg on Class Actions (4th Ed.), the most authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers by the Court. In revie...

Excerpt: ...t 11 percent interest, with payments being made quarterly in an amount equal to fifteen percent of amounts received by Resighini from the Revenue Sharing Trust Fund, until paid in full. According to CalNev, Resighini made all required payments through December 2017, but failed to make any payments thereafter. CalNev contends Resighini still owes it at least $1.2 million. In an effort to collect, it has sued Resighini for breach of contract and tw...

Excerpt: ...ties 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. *** Defendant Morton's of Chicago/Capital Mall, LLC's (“Defendant”) Motion for Summary Judgment is ruled upon as follows. This is a slip‐and‐fall action. Plaintiff Janet Tyer (“Plaintiff”) alleges one cause of action for premises liability against Defendant, arising from her slip and fall...

Excerpt: ...t experienced ongoing and recurring problems with the right sliding door. Defendant has served three notices of depositions of Plaintiffs. The originally noticed depositions did not move forward. Plaintiffs served belated objections to the first amended notice of depositions, but Defendant's counsel had already driven from Roseville to Stockton to attend the deposition before he received the objections. The parties thereafter agreed to set the de...

Excerpt: ...will 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. *** Defendant Sacramento Metropolitan Fire District's (“District”) motion for summary judgment, or in the alternative, summary adjudication, is ruled upon as follows. Overview This is a personal injury action. Plaintiff Frankie Griffin alleges that on 2...

Excerpt: ... DNA evidence from the "county crime lab" was not properly returned in connection with Neely's criminal case, and further speculates that said evidence "could potentially exonerate him." (Complaint, ¶¶ 2, 8; p. 4(11).) Neely alleges that in reviewing records in his post‐conviction matter, he discovered the purported mishandling of evidence, presumably along with discovering Defendant's name, on June 30, 2017. (Compl., ...

Excerpt: ...Plaintiffs allege claims against Westlake for violation of the Consumer Legal Remedies Act, Breach of Implied Warranty of Merchantability in violation of the Song‐Beverly Consumer Warranty Act, violation of Bus. & Prof. Code § 17200, Fraudulent Misrepresentation, and Negligent Misrepresentation, arising out of Plaintiffs' purchase of a used vehicle. The purchase contract was ultimately held by Westlake. Westlake now seeks to strike the portion...

Excerpt: ...#39;s employment with the DBO. On or about February 20, 2019, Plaintiff, an employee of the DBO, filed the instant lawsuit against his employer and his coworker, Geraldine Young ("Young"), alleging the following causes of action: (1) religious discrimination; (2) national origin/ancestry discrimination; (3) disability discrimination (failure to engage in the interactive process); (4) disability discrimination (failure to provide reasonabl...

Excerpt: ...nce, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) The Court did not consider Plaintiff's declaration or the exhibits attached thereto that did not relate to counsel's meet and confer efforts. In ruling on a demurrer, the Court does not consider such extrinsic evidence or matters not subject to jud...

Excerpt: ...nd harassed her due to her age. She alleges that EDD retaliated against her for complaining about age harassment. (FAC ¶¶ 8 ‐ 11, 13, 20) . EDD contends that plaintiff wilfully and intentionally spoliated evidence relevant to this case. Specifically, plaintiff deleted numerous text messages that she exchanged with multiple witnesses from her phone after being served with a Request for Production seeking said text messages, and after agreeing ...

Excerpt: ...icy, and defamation. Sutter terminated plaintiff's employment, contending he had stolen supplies from the hospital. Plaintiff contends that Sutter's evidence to support the theft was based on "whistleblower" statements made by plaintiff's estranged former spouse who invited Sutter investigators into her house where miscellaneous items from Sutter were found, the total value of which was about $100. It appears plaintiff no long...

Excerpt: ...fect is not material because the defendant has opposed the motion without raising this defect and has not been prejudiced. In sustaining the demurrer to the 2nd amended complaint, the Court ruled: "Plaintiff may file a 3rd Amended Complaint on or before July 24, 2019." (See Minute Order July 12, 2019.) On August 9, 2019, plaintiff filed this motion seeking additional time in which to file the 3rd Amended Complaint. Plaintiff's motion ...

Excerpt: ...nd pending appeal or to restrain NEI from transferring assets is ruled on as follows. Moving counsel failed to comply with CRC Rule 3.1113(f). Factual Background This case arises out of NEI's purchase of a gas station. Plaintiff DAAC alleges that NEI breached an exclusive supply agreement for various products sold at the station. NEI filed a cross‐complaint (“X‐C”) against DAAC, Surinder Singh and Chandi Investments, Inc. (collectively �...

Excerpt: ...Plaintiffs allege claims against Westlake for violation of the Consumer Legal Remedies Act, Breach of Implied Warranty of Merchantability in violation of the Song‐Beverly Consumer Warranty Act, violation of Bus. & Prof. Code § 17200, Fraudulent Misrepresentation, and Negligent Misrepresentation, arising out of Plaintiffs' purchase of a used vehicle. The purchase contract was ultimately held by Westlake. Westlake now seeks to strike the portion...

Excerpt: ...otion to compel defendant Hewlett Packard Enterprise Co.'s (“HPE”) further responses to special interrogatories and requests for production is ruled upon as follows. Opposing counsel failed to comply with CRC Rule 3.1110(b)(4). Factual Background This is a personal injury case arising from a motor vehicle collision. Plaintiffs allege that HPE and its employee, co‐defendant Wang, are liable for their injuries. According to defendants, Wang w...

Excerpt: ...le medical condition with intact skin. Plaintiffs allege that during his 14 day stay at Pine Creek, Mr. Rios developed bed sores that became infected, compromised his recovery from a hip fracture, destroyed his quality of life, and led to his death on March 16, 2018. Plaintiffs allege that defendants, including Pine Creek, vested discretionary decision‐making authority with personnel who ignored their obligations to provide basic care to Mr. Ri...

Excerpt: ...ntiff filed a class action lawsuit on April 27, 2018, on behalf of all current and former hourly‐paid or non‐exempt employees who worked for Defendant within the State of California at any time from April 27, 2014, to final judgment. On July 11, 2019, Plaintiff filed a First Amended Complaint (“FAC”) to add a PAGA cause of action. The FAC alleges Defendant violated the Labor Code and Business & Professions Code by carrying out a uniform p...

Excerpt: ...ent 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 the settlement. The Court'...

Excerpt: ...ecl. ¶ 25.) By this motion, Plaintiff seeks attorneys' fees in the amount of $81,668.24 and also requests a “lodestar” enhancement of .5 in the amount of $40,834.13, for a total fee award of $122,502.38. Plaintiff also seeks costs and expenses in the amount of $24,449.33. Altogether, the total amount of attorneys' fees, costs, and expenses being sought is $146,951.71. Prevailing Party Civil Code § 1794(d) provides that a prevailing buyer is...

Excerpt: ...Support, and Respite Care. Marian passed away in June 2018. The action is brought by Marian, by and through her successor‐in‐interest Ann Wayland (“Ann”), and Ann Wayland, individually. Ann signed the admission agreement which included an arbitration provision. The agreement bound all parties to the agreement, their “spouses, heirs, representatives, executors, administrators, successors, assigns, managers, and agents as applicable.” (...

Excerpt: ...their initial complaint on 9/26/2018 asserting causes of action for Inverse Condemnation, Violation of 42 USC §1983, and Violation of Administrative Practices Act of California. The parties then stipulated to the filing of a first amended complaint that included that same three causes of action. Defendants demurred to the first amended complaint, which the Court overruled, in part, and sustained with leave to amend, in part. Plaintiffs filed a s...

Excerpt: ...to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Guncha Sohi, D.D.'S. (“Sohi”) motion for summary judgment, or in the alternative, summary adjudication, is ruled upon as follows. Overview This is a dental malpractice action. Plaintiff Theodore White (“White”) alleges that codefendant David S. Park (“Park”) is a licensed dentist and employs dentists at his...

Excerpt: ...e, and not the evidence or the facts alleged. (City of Atascadero v. Merill Lynch, Pierce, Fenner & Smith. Inc. (1998) 68 Cal.App.4th 445, 459.) Courts "assume the truth of the complaint's properly pleaded or implied factual allegations." (Schifando v. City of Los Angeles (2003) 31 Cal.4th 1074.) On a demurrer, a court's function is limited to testing the legal sufficiency of the complaint. Code Civ. Proc., § 430(a), pertaining t...

Excerpt: ...s not rule on these evidentiary objections filed in support of the reply since they concern evidence deemed immaterial to decision on the motion. (CCP § 437c, subd. (q).) Costco also submitted objections to the Declaration of Mark Velez. The Court does not rule on these evidentiary objections as they are either not proper objections to evidence or are immaterial to the decision on the motion. (CCP § 437c, subd. (q).) Finally, Costco submitted o...

Excerpt: ...production in its entirety. (ROA 59.) The motion requested further responses and production of corresponding documents. The Court ordered Defendant Kia Motors America, Inc. ("Kia") to provide further responses by March 8, 2019. On June 5, 2019, the Court granted Plaintiff's motion to compel compliance with the Court's February 22, 2019, discovery order. (ROA 69.) The Court ordered Kia to produce documents responsive to Requests for Produc...

Excerpt: ...mon Law action involving a 2016 Chevrolet Silverado vehicle, which Plaintiff alleges suffered from various defects, including transmission defects, Plaintiff seeks to compel Defendant to provide full and complete responses to certain requests for production (set one) and produce responsive documents corresponding to those requests. Requests nos. 17 and 20‐25 relate to Defendant's investigations and analysis regarding the defects. Requests 7, 50...

Excerpt: ...ther litigants and attorneys. (Williams v. Pacific Mutual Life Ins. Co. (1986) 186 Cal. App. 3d 941, 944.) Here, Plaintiff moves to vacate and set aside the judgment of dismissal entered on 1/4/2019. Plaintiff filed his initial complaint on 12/8/2016. Defendant, the City of Sacramento ("City") filed a demurrer and motion to strike on the ground that Plaintiff failed to comply with the Tort Claims Act, failed to state sufficient facts, and...

Excerpt: ...m a motor vehicle accident in which Plaintiff, while driving his vehicle, was rear‐ended by a concrete mix truck driven by Mr. Turner during the course and scope of his employment for Folsom Ready Mix, Inc. The force caused Plaintiff to also collide with the vehicle in front of him. On April 5, 2019, the Court granted Plaintiff's request for leave to amend to add a claim for punitive damages. At that time, the April 8, 2019 trial date was conti...

Excerpt: ...10, ¶ 3 of the Prayer for punitive damages. Plaintiffs oppose, arguing that they have sufficiently alleged the requisite “despicable” conduct ‐‐ a homeowner's association lying to them in order to force them to bear the cost of repairs ‐‐ to support an award of punitive damages under Civil Code § 3294. (Opp'n at 1‐4.) Plaintiff's Request for Judicial Notice, which attaches a copy of the pleading in this case, is unopposed and ...

Excerpt: ...“otto” project) over a four year period, but failed to do so. As a result, VSP contends that it was forced to exercise its “step‐in rights” under the TTDA and use a third party vendor, Managing Innovation and Technology, Inc. (“MINT”), to complete the project. VSP filed this lawsuit in October 2013, and PFO filed a cross‐ complaint thereafter, alleging that PFO's Vice President of Research & Development/Technology Hoa Nguyen lured...

Excerpt: ...lect. This action was filed almost four years ago by Plaintiff Deanna Correll on September 15, 2015. The matter involves a settlement agreement between Plaintiff and the “Estate of Loren Hawley, by and through [Defendant] as Trustee of the Trowbridge Trust, and Garrett Hawley, beneficiary of the Trowdrige Trust.” (Comp. Exh. A.) The settlement related to litigation in Sutter County. Plaintiff's instant complaint is premised on a breach of the...

Excerpt: ...dant objects to the Opposition on grounds of untimeliness. Although the Opposition papers were filed on July 29, 2019, several days past the filing deadline, Defendant was apparently able to prepare a response thereto. Plaintiff's counsel declares that the moving papers were served on July 1, just before the July 4 holiday, with no courtesy email copy sent by defense counsel, such that Plaintiff's first notice of the instant motion came on July 8...

Excerpt: ...and improper. Background This is a landlord‐tenant case. Plaintiff is the former tenant and is representing himself in this action. He alleges that Defendant failed to return his $499.00 security deposit within the 21 days after her vacated the premises, and failed to provide an itemized statement of any deductions from the deposit, in breach of contract. Plaintiff in pro per filed his judicial council form complaint on May 3, 2018. He then fil...

Excerpt: ...quest for Production of Documents, Set One, Nos. 2, 3, 10, 22, 23 and 35. Plaintiff argues that Advanced Pain failed to serve complete responses to these requests, without substantial justification, and the information requested is relevant and not privileged. (Notice of Motion at 2.) Plaintiff acknowledges that some privacy interests may be implicated by the requests, but asserts that during the meet and confer process she agreed to narrow the s...

Excerpt: ... Nevertheless, the Court considered the entirety of the memorandum. In this employment action, Plaintiff Sandra Muniz alleges causes of action for constructive wrongful discharge in violation of public policy, retaliation in violation of FEHA, failure to prevent discrimination and retaliation in violation of FEHA, sexual discrimination in violation of FEHA, sexual harassment in violation of FEHA, and IIED. She claims that she was a long term and ...

Excerpt: .... Gonzalez ("Dr. Gonzalez") in 2012 in Placer County Superior Court (the "Medical Malpractice Action"). Defendants Baleria and Garberson represented Dr. Gonzalez and co‐defendant Advanced Medical Spa, Inc. in the Medical Malpractice Action. The Medical Malpractice Action was ultimately settled at mediation in 2017 and in connection with this settlement, the parties executed a confidentiality agreement and plaintiff executed a Re...

Excerpt: ...ion. This lawsuit was filed on 3/6/2019 by the law firm called “Lawyers for Justice” on behalf of two employees of Wellspace, plaintiffs January and Pinch. The complaint in this action purports to be a representative action against Wellspace under the Private Attorney General Act (“PAGA”), seeking civil penalties based on the alleged violation of various wage‐and‐hour provisions. Cameron Class Action. Less than two months before, the ...

Excerpt: ...ained: 2, 5, 8, 10, 12, and 15. City alleges defendant Robin Brewer has created a public nuisance at her property located at 3071 E Curtis Drive, Sacramento, California. City contends defendant owner Robin Brewer has unlawfully installed of a hot tub/spa ("hot tub") in the front setback and (2) created an unlawful encroachment of a concrete/masonry wall ("wall") without first obtaining the necessary permits. City seeks the followi...

Excerpt: ...rated party within 48 hours of receipt. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that the incarcerated party need not request oral argument. The Litigation Coordinator shall make plaintiff available to participate in oral argument via Court Call at 9:00 a.m. on the date of the continued hearing date, which will be August 1...

Excerpt: ...019, at ROA 130 that does not include a proof of service of the document on the defendant. As defendant filed a reply, the court is considering plaintiff's correspondence because this is a dispositive motion. Defendant's Request for Judicial Notice is granted. Self‐represented incarcerated Plaintiff filed a Complaint against the State of California Department of Corrections and Rehabilitation (CDCR) for personal injuries while incarcera...

Excerpt: ...ce on July 30, 2019 for failure to comply with CRC 3.1324. The Court has also considered the opposition filed August 2. Plaintiff seeks to combine her Cross‐Complaint (sic) with her Complaint in the form of a First Amended Complaint. Plaintiff's Complaint consists of her Qui Tam claims. Her Cross‐complaint, filed on August 1, 2018 consists of claims for breach of contract, wrongful termination, and retaliation. Plaintiff contends that she...

Excerpt: ...y 2018, she went to Kaiser for routine blood work. She alleges that Kaiser's employee injured her while he was drawing blood and injuring her ulnar nerve at the forearm level, left arm, and sequela. It is undisputed that Le was a federal employee. Kaiser has a contract with the United States Office of Personnel Management (“OPM”). (Declaration of Gibson Simms, III (“Simms Decl.”), ¶ 1, Ex. B.) An OPM Agreement is a standard contract that...

Excerpt: ...th Plaintiffs that Livingston was required to meet and confer prior to filing the motion pursuant to CCP §435.5. A Special Motion to Strike is authorized by CCP §425.16. CCP §425.16 does not require the moving party to meet and confer prior to filing an Anti‐SLAPP motion. The Court also did not consider Plaintiffs' argument applying the standard for a regular motion to strike pursuant to CCP §436. Again, this is a Special Motion to Strike p...

Excerpt: ... failed to timely bring the case to trial. Defendant also seems to move for a discretionary dismissal pursuant to CCP § 583.420(a)(1) for failure to serve the Summons and Complaint within two years. However, as seen below, an answer by defendant has been on file since January 21, 2016. The procedural background in this action is as follows. This is a limited civil action for breach of contract arising from a landlord‐tenant dispute. The action...

Excerpt: ...g her dog when a “No Parking” sign affixed to a metal post dislodged from its mooring and fell on her head. Complaint, ¶ 7 ["...parking sign falling and striking Plaintiffs head."] The City owned and controlled, inter alia, the subject sign. Id. ¶ 7‐8. Plaintiff filed suit against the City alleging a single cause of action for dangerous condition of public property. The City now moves for summary judgment on the grounds that it ne...

Excerpt: ...aring 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. *** Defendants Pamela Ann Samantha Jones and Cornerstone Estate Law Corp.'s (collectively “Defendants”) motion for summary judgment, or in the alternative, summary adjudication, is ruled upon as follows. I. Overview This is an action for legal malpractice and financial elder abus...

Excerpt: ...Plaintiff Henry Cress and Plaintiff Jeanine Roberts as class representatives for purposes of settlement; 3. Appointing the Shimoda Law Corp. as class counsel for purposes of settlement; 4. Approving the proposed class action settlement, which is incorporated herein by reference; 5. Approving the application for payment to class counsel of attorneys' fees in the amount of $416,666.67 (1/3 of the Gross Settlement Amount); 6. Approving the appli...

Excerpt: ...part I, states that the "court shall review and approve any penalties sought as part of a proposed settlement agreement pursuant to this part." Plaintiff was employed with defendants BHC Sierra Vista Hospital, Inc. dba Sierra Vista Hospital and UHS of Delaware, Inc. from March 11, 2011, to September 20, 2017, initially as a case manager in the social services department and ultimately at the time of her resignation as a Licensed Marriage ...

Excerpt: ...subjected to other wrongful actions, including defamation. Plaintiff's eleventh cause of action for defamation is asserted against Dignity and her alleged former supervisors, Sherrilyn Pospisil, Kristen Anderly, and Laura Gaminde (collectively, “Individual Defendants”) Laura Gaminde has timely filed a joinder to this demurrer filed by Pospisil and Anderly asserting she should be entitled to the same relief on the same grounds. Gaminde's joind...