Excerpt: ...ant was employed by Paladin Private Security and that Defendant, and others, “without any warning, justification, or provocation, or legal authority,…repeatedly and physically attacked, tased, assaulted, battered and detained Plaintiff, and did so with such force as to cause Plaintiff to sustain serious physical injuries…” (FAC ¶¶ 15, 20.) He alleges that Defendant acted intentionally and intended to cause Plaintiff to apprehend and imm...

Excerpt: ...s. She also seeks to quash service of summons. 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 defaulted defendant other than a motion to vacate entry of def...

Excerpt: ...motion was served by mail and email on August 8, 2019, which is only 16 Court days before the hearing. If Plaintiff provides such proof the following will become the Court's ruling. If no proof is provided, the motion will be dropped for defective service. 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.3rd 1117, 1138.) Newberg on Class Acti...

Excerpt: ...ntage rent clause in a lease of real property between Defendant and Plaintiff's predecessor‐in‐interest. Plaintiff alleges that it now holds all rights of its predecessor‐in‐interest under the lease. Plaintiff seeks leave to file a first amended complaint to add two new causes of action seeking significant damages for breach of lease against Defendant and breach of a guaranty against new Defendant Raley's who Plaintiff contends guaranteed...

Excerpt: ...dressed to the court's discretion.” (Pomona Fed. Plaza v. Inv. Concepts (1988) 203 Cal.App.3d 217, 221.) The purpose of allowing such motions is to “compel reasonable diligence in the prosecution of actions, thereby expediting the administrative of justice.” (Id.) This action was filed on June 13, 2016 ‐ just slightly more than three years ago. Although it has not been brought to trial within three years, the Court finds that Plaintif...

Excerpt: ...efendant's motion for judgment on the pleadings without leave to amend in April 2015 on the basis that the action was untimely. Following an appeal, the case was remanded to allow Plaintiff leave to amend. Specifically, the Third DCA ruled that Plaintiff was “entitled to reversal with a remand for an opportunity to amend her complaint to satisfactorily plead the March 2012 DFEH complaint.” Plaintiff filed her third amended complaint in No...

Excerpt: ...ense by the Board in 2004. He practiced without incident for almost a decade. In 2013, he pled no contest to several felony and misdemeanor sex offenses. He was sentenced to five years of probation and was required to register as a sex offender pursuant to Penal Code section 290. As a result of his conviction, the Board revoked his license pursuant Business and Professions Code section 2232, which provides the Board, subject to certain exceptions...

Excerpt: ...ant knew or should have known the apartment was infested with mold when they rented it to Plaintiffs. They further allege that they complained to Defendant about the mold, but that Defendant did nothing to remedy the problem. Finally, they allege the mold has caused a variety of health problems and forced them to move out of the apartment. Based on these allegations, they assert two causes of action, captioned (1) negligence ‐ breach of the war...

Excerpt: ...“Plaintiffs”) Second Amended Complaint (“SAC”) is SUSTAINED. Defendants' request for judicial notice of the recorded land documents is UNOPPOSED and is GRANTED. In 1974, Wilmer Scott and Brenda Scott purchased real property located at 9017 Brydon Way, Sacramento (the “Subject Property”). (SAC ¶11.) On December 1, 2004, Wilmer Scott and Brenda Scott took out a loan for $296,447.13 from Beneficial California, Inc., secured by a Deed of...

Excerpt: ...oof of service is filed showing service that complies with CCP 437c(a)(2), the motion will be granted. Plaintiff's Request for Judicial Notice is granted. This is a collection action in which Plaintiff has established by admissible evidence that defendant breached the credit card agreement and that plaintiff has been damaged in the amount of $9,542.92. (UMFS 1‐12) Declaration of Lindsay R. Hogueison. Plaintiff has met its burden. In evaluat...

Excerpt: ...r Judicial Notice is granted. Plaintiff alleges that her son, Kevin Johnson, orchestrated a scheme with the other defendants to strip nearly $2,000,000 of equity from multiple real properties owned by her. Arletha alleges the lender defendants including Civic Financial knew that Arletha had no interest in the business for which the business loans were made and that defendants should have known that the loans were for the benefit of Kevin Johnson ...

Excerpt: ...insurance policy from Defendants providing “Business Overhead Expense” coverage in the event he became disabled (the “Policy”). (Compl. ¶1.) He alleges that he has been insured for years and consistently made quarterly premium payments on the Policy to the same address. (Id. ¶10.) Plaintiff alleges that in April 2015, Defendants changed their payment address. (Id.) After receiving notice of the address change, Plaintiff alleges that he ...

Excerpt: ... with California law; (2) failed to authorize and permit all legally required rest periods in accordance with California law; (3) failed to pay all wages earned for all hours worked; (4) failure to provide accurate written wage statements; (5) failed to timely pay all final wages; (6) failed to reimburse necessary business expenses; (7) engaged in unlawful business practices; (8) owes civil penalties under the Private Attorneys General Act of 200...

Excerpt: ...defendants”) is denied. Graspointner'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. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Cross‐defendants' objections to the invoices submitted by Graspointner as Exhibits AC...

Excerpt: ...at 6:29 pm. The defaults of each defendant were entered December 19, 2018. The motion is brought only pursuant to CCP 473(b) based on excusable neglect or inadvertence. Motions based on excusable neglect must be brought within 6 months of the entry of default. Therefore, the motion is untimely, as it was not filed until July 19, 2019, approximately one month past the 6 month deadline. The outside time limit for seeking relief under 473(b) is 6 mo...

Excerpt: ...bjections Declaration of Frick: The declaration filed May 30 is inadmissible because it was not signed under penalty of perjury. However, the Amended Declaration filed August 9 is under penalty of perjury and cures that defect of the original declaration. Overruled as to No. 1, 4, 5, 6,7, 9, 13, 16. Sustained as to No. 2 as to purported personal knowledge" of statements in the declaration, Sustained as to No. 3, 8, 10, 11, 12, 14, 15 for lack...

Excerpt: ... Plaintiff's Request for Judicial Notice is granted. Defendant's Evidentiary Objections Declaration of Martucci: Overruled as to 1, 2, 3, 4. Declaration of Mary Morris: Sustained as to 5, 6, 7, Declaration of Rhudolph Nolen: Sustained as to 21. Otherwise overruled. Plaintiff's Evidentiary Objections Declaration of Sargetis: Sustained as to Nos. 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 28‐33....

Excerpt: ...rmer assistant for Defendants' escrow agents. Plaintiff's Complaint, filed on March 29, 2019, alleges causes of action for (1) disability discrimination; (2) failure to accommodate; (3) failure to engage in an interactive process; (4) disability harassment; (5) failure to prevent discrimination, harassment, and retaliation; (6) retaliation; and (7) wrongful termination in violation of public policy. Legal Standard “In a petition to compel arbit...

Excerpt: ...f defendant Palm Desert Kitchens, Inc.'s (“Defendant”) failure to comply with this Court's March 23, 2019, Order requiring Defendant to provide verified responses to Plaintiffs' request for production, set one, no later than June 3, 2019. (ROA 15.) Defendant did not oppose the underlying motion to compel and Defendant has failed to comply with the Order. (Calnero Decl. ¶¶ 5‐7.) First, to the extent that the motion seeks an order of contem...

Excerpt: ...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, § 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 r...

Excerpt: ...ion arises from personal injuries suffered by Plaintiff as a result of Sutter's alleged wrongful conduct surrounding the August 28, 2017, death of Plaintiff's husband. Plaintiff's husband allegedly received a morphine drip of 250 milligrams over less than 90 minutes, despite an order from his physical for a morphine drip at 1 milligram per hour. This instant dispute concerns the following document request (RFPD, set three, number 13): “The docu...

Excerpt: ...d Defendant with a Demand for Inspection of Documents (Set One), which included 17 document requests, on May 15, 2019. (Park Decl. Ex. 1.) On June 19, 2019, Plaintiff received Defendant's responses, in which she objected to each discovery request on the same grounds. (Park Decl. Ex. 2.) On June 24, Plaintiff's counsel served Defendant with a meet and confer letter, describing the purportedly deficient response. (Park Decl. Ex. 3.) Defendant did n...

Excerpt: ... Subpoena”). (King Decl. ¶ 3, Exh. A.) KP Cal moves to quash on the grounds that: (1) the First Subpoena was not personally served on Ms. Ognissanti; (2) the Notice and Subpoena are in defective form because they seek the deposition of an unknown individual named “Christina Ognissanti;” (3) Plaintiff was required but failed to obtain leave of Court to serve the deposition notice pursuant to CCP § 2025.210 as KFHP had yet to appear in the ...

Excerpt: ... file is granted. On May 14, 2019, this Court granted Plaintiff's Application for Right to Attach Order and Order for Issuance of Writ of Attachment against the real property owned by Michael R. Beile located at 2832 Verna Way, Sacramento, California 95821 and against any “funds in excess of $1,000 in bank accounts” of defendants Sean D. Lively, Michael Beile, and Marisa LeFevre. Plaintiff's other applications were dropped for defective servi...

Excerpt: ...why it had not produced the documents required by the investigational subpoena issued by the Department on June 14, 2018, seeking unredacted medical records for deceased patient 1 (“Patient 1”). Government Code §§ 11180 et seq. set forth the investigative powers of state departments, such as the "Department", how they are to be exercised, and how they are to be enforced. Pursuant to Gov't Code § 11187(a), where a party refuses ...

Excerpt: ...sing 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 counsel is ordered to appear at the hearing in person or by telephone. The moving papers fail to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This action arises out of a commercial transaction for which THI agreed to sell, ...

Excerpt: ... was filed in July 2014 with the others being filed in October and November 2014 and March 2015. The actions were consolidated for all purposes through various orders and the matter stayed until completion of the SB800 pre‐litigation procedures. The Court need not remind counsel that a stay order suspends all proceedings in the action to which it applies. Indeed, a stay freezes a court's proceedings at a particular point. Bruns v. E‐Comme...

Excerpt: ...ks terminating and monetary sanctions on the basis that Claimant has not provided the Court ordered responses. For misuse of the discovery process, including as is the case here, disobeying a court order to provide discovery, the Court may impose a terminating sanction by one of the following: an order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process or an order dismissing the actio...

Excerpt: ...Abuse Act on the basis that Plaintiffs failed to allege facts to show Defendant acted with recklessness, oppression, fraud, or malice. The motion is granted. As seen from the Court's ruling on the demurrer the Court sustained Defendant's demurrer to the Elder Abuse Cause of Action. The only causes of action remaining are for medical negligence and NIED. There is no basis for enhanced remedies under the Act or for punitive damages. The Court need ...

Excerpt: ...nt (“1AC”) plaintiff alleged he was rear‐ended by a truck, causing his vehicle then to strike the one in front. After the accident plaintiff contacted his insurer to make a claim under the uninsured motorist provision for his policy. The insurer subsequently took a recorded statement from its insured and is alleged to have “made an internal decision that Plaintiff was liable for causing the accident.” Plaintiff retained counsel and file...

Excerpt: ... even if s/he disagrees with the challenge to the pleading. Fong'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. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Overview Plaintiff alleges that beginning in 2015 he worked w...

Excerpt: ...llectively “Defendants”) demurrer to Plaintiff Matthew Davies' (“Plaintiff”) complaint is ruled upon 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; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐1...

Excerpt: ...gation in Orange County. They claim that three years later they still have not been informed of the status of the complaint and that the CJP is charged with protecting the public from judicial corruption. They allege that Defendants have failed to take adequate action in response to reports of judicial misconduct and improperly hid the nature of its investigations from the public. Plaintiffs also allege Defendants wasted taxpayer funds, and misus...

Excerpt: ...omplaint on or about May 23, 2019,in propria personaalleging claims of “discrimination, unlawfully detained [sic], false arrest and imprisonment, unconscionability, harassment in the workplace, sexual harassment, harassment, slander, defamation, libel, child endangerment, civil rights violation, negligence, malic, oppression, wrongful termination, recklessness and fraud.” (Compl. p. 1.) The Complaint attaches hundreds of pages of exhibits, pr...

Excerpt: ...ttlement is committed to the Court's sound discretion. See Cal. Rules of Court, Rule 3.769; Fed. R. Civ. Proc, Rule 23(e); Wershba v. Apple Computer, Inc.(2001) 91 Cal. App. 4th 224, 234‐35.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. 3rd 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases ...

Excerpt: ... Plaintiff resolved the dispute in favor of Defendant. (Cook Decl. ¶5.) As a result, Plaintiff does not intend to pursue collection of the debt against the Defendant and requests the Court vacate the default and default judgment and dismiss this action without prejudice. (Id.) The Court's inherent equity power” allows the Court to “grant relief from a default judgment where there has been ‘extrinsic' fraud or mistake.” (Weitz v. Yank...

Excerpt: ...udulent health care billing of Medi‐Cal. The case remained under seal until October 22, 2018, when the Court issued an Order reflecting the State's election to decline intervention in the matter. On August 2, 2018, prior to the seal being lifted, Plaintiff filed a Cross‐Complaint against moving Defendant alleging claims of breach of contract, breach of the implied covenant of good faith and fair dealing, wrongful discharge and Labor Code viol...

Excerpt: ...on for loss of consortium. Facts The Court finds the following facts to be disputed, unless otherwise noted. In April 2013, Plaintiff William Fastiggi underwent a surgical procedure to address a left lateral disc herniation at L4‐L5. Defendant Smith performed the left lateral L4‐L5 microdiscectomy. In September 2016, Mr. Fastiggi returned to Dr. Smith complaining of pain. Dr. Smith diagnosed a herniated nucleus pulposus; conservative care to ...

Excerpt: ...ow. The alternative motion for summary adjudication is DENIED in part and GRANTED in part as set forth below. Plaintiff's action asserts employment retaliation and gender harassment. Her claims relate to her participation, experiences in, and ultimate dismissal from University's Department of Anesthesiology and Pain Medicine Residency Program, which is a three‐year graduate program accredited by the Accreditation Council for Graduate Medical Ed...

Excerpt: ... common law emotional distress claim. Defendant Sutter Health's recently demurred to the 2AC on various grounds including that plaintiff failed to exhaust her administrative remedies against Sutter Health inasmuch as the latter was not named in plaintiff's administrative complaint. The demurrer was sustained but with leave to amend on 8/19/2019. By the present motion which was filed on 7/10/2019, defendant Sutter Health seeks pursuant to Code of ...

Excerpt: ...then propounded Requests for Admissions. Defendant did not respond. The Court deemed the truth of the matters specified in Plaintiffs Request for Admissions as admitted on June 19, 2019. (See Minute Order Dept 53, June 19, 2019.) Pursuant to the Court's June 19, 2019 Order, the defendant has admitted that she was issued the subject credit card, that she used the credit card to make charges, that she was to repay the plaintiff the principal am...

Excerpt: ... to pending litigation stipulate in writing signed by the parties outside the presence of the court…, for settlement of the case,…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.” (CCP § 664.6.) On a 664.6 motion the “trial court merely resol...

Excerpt: ...egedly tripped and fell on a curb in Defendants' parking lot. The Court issued a tentative ruling granting Defendants' motion for summary judgment. Plaintiff did not file a written opposition to the motion. However, she appeared at the May 30, 2019 hearing and the Court took the matter under submission. On May 31, 2019, the Court issued a ruling indicating that it had “fully considered the arguments of all parties, both written and oral, as wel...

Excerpt: ...39;s complaint filed January 3, 2017, alleges Failure to Reasonably Accommodate, Failure to Engage in a Good Faith Interactive Process, Disability Discrimination and Failure to Correct Retaliation and/or Discrimination under the California Fair Employment and Housing Act ("FEHA") against her former employer Dignity Health. Lewis also alleges retaliation for using California Family Rights Act ("CFRA") protected leave. The discrimin...

Excerpt: ...s directed to contact defendant Tammy Pham and advise 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. 54. If moving counsel is unable to contact Tammy Pham prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. As noted in this Court's 8/8/2019 ruling on defendant Hieu's Motion to Set Aside Default and Default J...

Excerpt: ... 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 counsel is ordered to appear at the hearing in person or by telephone. Moving counsel failed to comply with CRC Rule 2.111(3) and Rule 3.1110(b)(3). This is a personal injury action. Plaintiff failed to respond at all to defendant's discovery...

Excerpt: ...es out of a dispute related to an application for credit. Plaintiff filed the instant action alleging causes of action for breach of contract, common counts and unjust enrichment. It alleges that pursuant to the application for credit and invoices issued pursuant to the application, Defendants owe it $96,589.22. Plaintiff sought a writ of attachment in the amount of $121,589.22 ($96,589.22 alleged outstanding balance + $25,000 anticipated attorne...

Excerpt: ...I and worked out of KSI's office in Sacramento County. Plaintiff alleges that KSI and co‐defendant Intel Corporation (“Intel”) jointly employed Plaintiff. Plaintiff was assigned to perform duties as an Inventory Specialist for Intel. Plaintiff does not dispute that a valid and binding arbitration agreement exists. She instead opposes on the grounds that: (1) Intel was a joint employer and has not moved to compel arbitration, (2) Intel and P...

Excerpt: .... The opposition does not explain why the opposition was untimely. Even though the opposition was only filed one day late, the Court must express its frustration with untimely filings as they demonstrate a lack of respect for the rules of Court and the Court's time and resources. Counsel are expected to comply with the rules of Court. This time the Court has considered the opposition, but continued untimely filings may lead to the filing not bein...

Excerpt: ...sel included in Counsel's declaration. It is axiomatic that arguments are not evidence. The mere inclusion of arguments in a declaration does not make them evidence. The Court further notes that had it sustained any of the objections, it would not have changed its decision. Factual & Procedural Overview Plaintiff commenced this wage‐and‐hour case asserting three causes of action for failure to pay wages, unfair competition, and penalties unde...

Excerpt: ...r July 29, 2019, and served the depositions notices via U.S. Mail on July 10, 2019. (Asterlin Decl., Exh. 1.) Pappas served objections to each of the deposition notices on July 25, 2019, four days prior to the depositions. (Ching Decl., Exh. A.) The objections were sent via overnight mail and via email to Plaintiff. (Asterlin Decl., Exh. 6.) On reply, Plaintiff indicates the parties resolved the matter as to the PMK regarding maintenance of the s...

Excerpt: ...to an arbitration agreement which includes the following provision: Fitness Evolution and I agree to submit all disputes exclusively to Final and binding arbitration according to the Federal Arbitration Act and the procedures of the California Arbitration Act. The claims which are to be arbitrated according to this agreement include, but are not limited to the following types of claims: wages and other compensation; breach of express or implied c...

Excerpt: ...for the purpose of Defendant acquiring a Cynosure Sculpsure Laser System (the “Equipment”). Plaintiff filed this action on May 30, 2018, alleging three causes of action for (1) breach of Equipment Finance Agreement (“EFA”), (2) claim and delivery, and (3) conversion. By this motion, Plaintiff purports to move for summary judgment as to all causes of action in the complaint. The Court, however, cannot treat this motion as one for summary j...

Excerpt: ...disgorgement of money paid to Defendant Osvaldo Martin “pursuant to California Business and Professions Code 7031(b) because Defendant engaged in the business of a contractor without a valid contractor's license and Plaintiff is therefore entitled to recover all compensation paid to Defendant for those acts that required a contractor's license. The amount of compensation not in dispute between the parties totals $65,722.” (Motion, 2:1...

Excerpt: ...s fail to specify in their complaint whether their causes of action are based on Federal law, State law, and/or common law. Plaintiffs allege that since at least 2000, they have owned and operated a business that organizes, coaches, trains, and supports youth female softball players individually, as teams, and in semi‐annual leagues with an emphasis on preparing the players to play on the collegiate level and showcasing their talents and abilit...

Excerpt: ... copy of that Minute Order on Real Party in Interest on April 11, 2019. After receiving no response, Petitioner filed a Motion to Strike on May 7, 2019. On June 10, 2019, Real Party in Interest provided Petitioner with an incomplete and unverified response, i.e., nine invoices with checks. On June 13, 2019, Petitioner mailed Real Party in Interest a letter advising that his responses were incomplete and unverified. Petitioner gave Real Party in I...

Excerpt: ... June 2014, Defendant issued two personal checks to Plaintiff for $20,000 each, which Plaintiff was unable to deposit in repayment for the personal loan due to insufficient funds. (Compl. ¶¶ 5‐6.) The complaint alleges two causes of action: breach of contract and violation of Civil Code section 1719 (passage of checks on insufficient funds). Trial is scheduled for October 15, 2019, and a Mandatory Settlement Conference is scheduled for Septem...

Excerpt: ..., 2019 is overruled. The objections to plaintiff's declaration are sustained. Plaintiff alleges she is the lawful owner of certain residential real property located at 4340 Perry Avenue, Sacramento, CA 95820. In 2015 she borrowed $80,000 from The REO Group. Under the terms of the loan, the $80,000 was due on February 1, 2019. In January of 2019 plaintiff signed a modification making the final payment of $80,000, due February 1, 2020. Plaintif...

Excerpt: ...nd motion matters. *** Defendant Norcal Masonry Builders, Inc.'s (“Norcal”) demurrer to all six causes of action alleged in plaintiff Bay Cities Paving & Grading, Inc.'s Third Amended Complaint (“3AC”) is ruled upon as follows. Overview In this action plaintiff alleges that it formed a joint venture with C.C. Myers, Inc. (“CCMI”), naming the joint venture “Bay Cities/Myers JV,” to bid on a CalTrans project. Bay Cities/Myers JV won...

Excerpt: ...pears. Appearance is required on August 20, 2019. Plaintiff Brian Spears shall be available, by COURTCALL, to participate in oral argument on the continuance date. Mr. Kratzer's request for judicial notice is granted. Plaintiff's opposition states that since the prison law library has been closed on the majority of the Saturdays, he has had insufficient access to do legal research since he is employed at the prison during the week. Plaint...

Excerpt: ... June 4, 2019, The Court granted Defendant Do's Special Motion to Strike (antiSLAPP motion) and awarding attorney fees and costs. (ROA #46) Plaintiffs Dat Minh Ma and Lee Vo filed a defamation lawsuit against Defendant Be Thi Nguyen, Lan Anh Do, and James Gilliam on December 10, 2018. Plaintiffs' Complaint alleged that Defendants made false and malicious statements about Plaintiffs in public and private settings. Plaintiffs, in particular...

Excerpt: ... 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 counsel is ordered to appear at the hearing in person or by telephone. Factual Background This action for breach of the warranty of habitability, nuisance and negligence was brought by several tenants of an apartment complex. The two...

Excerpt: ...non‐existence of a triable issue of material fact. *** Plaintiff Anel Perez's motion for summary adjudication is ruled on as follows. Moving counsel failed to comply with CRC Rule 3.1350(b), requiring that the issues presented for summary adjudication be stated in the notice of motion and then repeated verbatim in the separate statement. Both moving and opposing counsel failed to comply with CRC Rule 3.1350(g), requiring a single volume of evid...

Excerpt: ...y causes of action including discrimination, retaliation and failure to engage in the interactive process, as well as common law claims for wrongful termination and declaratory relief. Defendants assert that plaintiff has refused to abide by the mandatory provisions of an arbitration policy which governed her employment and which she acknowledged on several occasions. According to defendants, the policy specifies that it is the arbitrator who is ...

Excerpt: ...e control of a restaurant owned by OSI on Natomas Crossing Drive. Application for Injunction. In December 2018 Ming first sought to enjoin Kenny from (1) representing himself as being an officer, director, employee or agent of OSI; (2) acting or purporting to act on behalf of OSI; (3) entering the restaurant or barring Ming from doing so; (4) controlling or transferring an assets of OSI; and (5) withholding or concealing any financial or operatio...

Excerpt: ...identifies her employer as "Sutter Medical Center Sacramento Blood and Marrow Transplant Program." (RJN, Ex. A.) California Government Code section 12960 provides, in relevant part: “Any person claiming to be aggrieved by an alleged unlawful practice may file with the department a verified complaint in writing which shall state the name and address of the person, employer, labor organization or employment agency alleged to have committe...

Excerpt: ...s Ocwen Loan Servicing, LLC ("Ocwen"), Deutsche Bank National Trust Company as Trustee for Long Beach Mortgage Loan Trust 2004‐3, Asset‐Backed Certificates, Series 2004‐3 ("Deutsche as Trustee"), and PHH Mortgage Corporation's ("PHH MC") (collectively “Defendants”) demurrer to pro per Plaintiff Renee Martin's first amended complaint (“FAC”) is ruled upon as follows. Defendants' request for judicial notice is ...

Excerpt: ...n matters. *** Defendant NewRez LLC fka New Penn Financial, LLC dba Shellpoint Mortgage Servicing's ("SMS") demurrer to the Second Amended Complaint ("SAC") is ruled upon as follows. Overview This is a nonjudicial foreclosure case. According to the SAC, Plaintiffs borrowed from 360 Mortgage Group, LLC ("360MG") over $490,000 in 2015 and this debt is secured by a Deed of Trust ("DOT") recorded on 9/28/2015. In e...

Excerpt: ...er 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 Cir. 1992) 955 F.2d...

Excerpt: ...ment with Defendant Paladin Private Security ("PPS"), assaulted, battered, and falsely imprisoned Plaintiff, causing serious physical injuries. In addition to pursuing claims directly against Cooper and Thurman, Plaintiff asserts causes of action against PPS and Defendants Matt Carroll, Louis Aljens, Michael Johnsen and Scott Johnsen for negligence in the hiring, supervision and training of Cooper and Thurman. On March 6, 2019 Plaintiff s...

Excerpt: ... to resolve a portion of their discovery dispute, but the following discovery disputes remain at issue: (1) The compliance deadline for the document production by MP holdings; (2) Odor condition requests (RFP No. 12, 17, 19); (3) Requests regarding sewer and sewer odor (RFP No. 25‐27, 31‐32, 52‐53); (4) Requests regarding government citations and default notices to tenants (RFP Nos. 33 and 55); and (5) Form interrogatory No. 17.1 pertaining...

Excerpt: ...fendant has also filed a motion to compel Plaintiff to serve further verified responses to requests for production, set one. Lastly, Defendant has filed a motion to compel Plaintiff to serve further verified responses to requests for admissions, set one. Each motion is substantively similar and the parties raise the same, if not identical, arguments in support of and in opposition thereto. Accordingly, the Court is consolidating the three motions...

Excerpt: ...I and worked out of KSI's office in Sacramento County. Plaintiff alleges that KSI and co‐defendant Intel Corporation (“Intel”) jointly employed Plaintiff. Plaintiff was assigned to perform duties as an Inventory Specialist for Intel. Plaintiff does not dispute that a valid and binding arbitration agreement exists. She instead opposes on the grounds that: (1) Intel was a joint employer and has not moved to compel arbitration, (2) Intel and P...

Excerpt: ...ly situated individuals employed by Defendants Kings Arena Limited Partnership and Sacramento Downtown Arena, LLC. Plaintiff brought this action against Sacramento Downtown Arena LLC, Sacramento Basketball Holdings GP, LLC, Sacramento Basketball Holdings, LLC, Sacramento Kinds Ltd., Kings ARCO Arena Lrd., Arena Limited Partnership, and Royal Kings Arena Limited Partnership (together, "Defendants"). Plaintiff alleges that Defendants failed...

Excerpt: ...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. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Factual Overview This is an employment dispute lawsuit in which Coyle, a cancer survivor, alleges SMUD failed to provide reaso...

Excerpt: ...ntiff employment as a Power Systems Operator (“PSO”) instructor. (UMF 1‐7.) He was offered the position based on his extensive utility experience and proclaimed ability to train on power operational systems. (UMF 5.) Plaintiff accepted SMUD's offer, agreeing to a twelve month probationary term, and began his employment on November 3, 2014. (UMF 8.) Shortly thereafter, Plaintiff's supervisor, Bill Simmons, assigned Plaintiff to independently...

Excerpt: ...int against Defendants on October 9, 2018, alleging three causes of action for (1) Elder Abuse, (2) Violations of the Patients' Bill of Rights, and (3) Negligence. The Court sustained Defendants' demurrer to the Complaint with leave to amend. Plaintiff then filed her FAC, and agreed to dismiss the elder abuse cause of action against Mr. Ciric. Defendants again demurred, and the Court again sustained the demurrer with leave to amend. Plaintiff fil...

Excerpt: ...p.4th 1106, 1117‐18; see also Stratford Irrig. Dist. v. Empire Water Co. (1941) 44 Cal.App.2d 61, 68 [recorded land documents, not contracts, are the subject of judicial notice on demurrer].) Plaintiff opposes the request as to Exhibits 2‐ 3, and 7‐12 on grounds the documents are being offered to prove the truth of the matter. The Court notes BANA's request for judicial notice is for exhibits identified as A‐M and that there is no request...

Excerpt: ...Hoganson alleges she served as an ABC trial attorney between 2008 and 2017. Garside became ABC's acting deputy director in May 2016. Due to certain events, ABC management charged Hoganson with insubordination and placed her on administrative time off (“ATO”). While on ATO, Hoganson applied for a position with the Secretary of State (“SOS”) and received a job offer. The offer, however, was withdrawn after Garside advised SOS that Hogan...

Excerpt: ... Decl. p. 1.) His spouse called 911 and he was transported in an ambulance to the hospital, but on the way, the EMTs stopped the ambulance to assess a traffic accident and any possible injuries, leaving Petitioner to wait in the ambulance. (Ex. B.) On September 20, after following up with his cardiologist, he was informed that EMTs are not qualified to assess the stability of cardiac patients and that any delay in getting Petitioner to the hospit...

Excerpt: ...005. However, the court will exercise its discretion to consider the papers. (Cal. Rules of Court, rule 3.1300(d); Levingston v. Kaiser Foundation Health Plan (2018) 26 Cal.App.5th 309, 314.) Factual Overview This motion relates to an underinsured motorist (“UIM”) arbitration under Insurance Code § 11580.2. Claimant served a 998 offer to compromise on February 6, 2016 in the amount of $139,999. Respondent rejected the offer. On the eve of ar...

Excerpt: ...endant [Ms. Virga] argued that the answer had been attached to the moving documents, even though the Court did not have it, nor was it in CCMS. Notably, counsel for plaintiff acknowledged receipt of the proposed answer with his served copy of the motion. It bears noting the clerk's failure to list a document on the register of actions does not mean that it was not part of the official trial court record. (Ten Eyck v. Industrial Forklifts Co. ...

Excerpt: ...on August 18, 2017, and her deposition has been ordered for September 10, 2019. Defendant served Form Interrogatories, Special Interrogatories, and Requests for Production of Documents on March 6, 2019. Plaintiff did not timely respond and would not agree to timely appear for deposition. Defendant moved to compel responses and Plaintiff's deposition. Plaintiff then provided written responses, with the exception of Special Interrogatory No. 23, wh...

Excerpt: ...for elder abuse and wrongful death, Plaintiffs named moving parties as "heir defendants" in the Complaint. The "heir defendants" now wish to join as plaintiffs in this action and are seeking to file an amended complaint removing them as heir defendants and naming them as plaintiffs. Defendants do not oppose the motion. The current plaintiff, Anna Sandoval‐Ryan, suing as successor in interest to decedent as well as individually, ...

Excerpt: ...), a vexatious litigant pursuant to Code of Civil Procedure §391(b), to require him to post security before further prosecution of this action and to issue a prefiling order pursuant to Code of Civil Procedure §391.7(e) is GRANTED as follows. Defendants' request for judicial notice of various court documents purporting to show that plaintiff Clark has in the preceding seven (7) years maintained at least six (6) unsuccessful civil actions while ...

Excerpt: ...vide accurate wage statements, keep complete and accurate payroll records, and reimburse necessary business‐related expenses/costs. Defendant contends that the Complaint and each cause of action therein are "uncertain" and fail to state facts sufficient to constitute a cause of action. Defendant contends that the Complaint alleges only legal conclusions that specific Labor Code sections were violated and suffers from an absence of speci...

Excerpt: ...se of action for Fraud/Deceit, a 5th cause of action for Fraud/Deceit, and a 6th cause of action for Medical Negligence. On this demurrer, the defendant challenges only the 5th cause of action for Fraud/Deceit. On April 23, 2019, the Court ruled on the demurer to the allegations of the First Amended Complaint. (RJN Ex. C) The Court sustained the demurrer to the fraud causes of action, with leave to amend. Self‐Represented Plaintiff alleges caus...

Excerpt: ...conduct. Plaintiff's opposition fails to comply with CRC Rule 2.111(1) [requiring attorney's bar number] and Rule 3.1110(b)(3)‐(4). Plaintiff's opposition first asserts that this motion is “moot” because plaintiff has already complied with the TRO by returning to defendants access to the subject websites and domains. The opposition further contends that defendants are not likely to succeed on the merits of their claims against plaintiff and...

Excerpt: ...g from a motor vehicle accident. Pro per Plaintiff Kathleen Davis alleges that Contreras was operating his vehicle at an unsafe speed, failed to operate his vehicle consistent with the traffic conditions, and caused his vehicle to collide with the rear of the Plaintiff's vehicle at a speed of approximately 40 to 50 miles per hour. She alleges that the posted speed limit was 40 MPH as indicated by a clearly visible sign. At the time of the acciden...

Excerpt: .... 9067568‐13 for the period [sic] of 8/7/13 to 1/22/14” and “forbearance of suit to enforce the payment of such debt.” (Complaint, Ex. A.) Defendant was to pay “$500 each 15th starting August 15, 2015 and then 600.00 each 15th starting 8/15/16.” Plaintiff alleges that Defendant defaulted on the note and the amount unpaid is $24,706.95 principal, $3000 interest at the rate of 10% per annum from 8/14/2014 to date. Plaintiff filed this a...

Excerpt: ...ic policy supports the enforcement of such agreements.” (Notice of Motion at 1.) Plaintiffs oppose the motion on grounds that: (1) the California Arbitration Act, not the Federal Arbitration Act, governs this dispute (2) the agreements were signed under duress, so they are unenforceable; (3) the possibility of conflicting rulings weighs against ordering arbitration here (Code Civ. Proc. § 1281.2); (4) the agreements are procedurally and substa...

Excerpt: ...ainant Stone Lake Farm Enterprises, Inc. (“Defendant”) on December 1, 2017, alleging that on or about June 2017, Plaintiff entered into an oral contract with Defendant in which Plaintiff agreed to provide farm labor contract services to Defendant and Defendant agreed to pay for those services. Plaintiff alleges that it fully performed under the terms of the Contract, invoiced Defendant for amount owed, and to date, Defendant has failed to mak...

Excerpt: ... Nevertheless, the Court considered the entirety of the memorandum. In this action, Plaintiff alleges numerous causes of action based on violations of the Sacramento County Zoning Code, trespass, private and public nuisance, IIED, NIED, negligence, negligence per se and declaratory relief. Plaintiff alleges that he owns real property located at 12370 Clay Station Road, in Herald, CA. He alleges that the Raymond and Mary Ellen Harrell Living Trust...

Excerpt: ...e 7, 2018, and is entitled Joseph Mohamed v. City of Elk Grove, case number 34‐2018‐00234257. The first case is currently pending. In short, in the first case Plaintiff alleged the City breached the terms of the grant deed when the City transferred 78.1 acres worth of Plaintiff's Conservation Rights to Pulte Homes (“Pulte”) without giving notice of the transfer as required by the grant deed. Plaintiff alleged it never authorized the trans...

Excerpt: ...At oral argument plaintiff stated that he could cure the defects of the FAC and leave to amend was granted. Plaintiff then filed a Second Amended Complaint, to which Dr. Molyn again demurred. On May 28, 2019, the Court tentatively sustained the demurrer without leave to amend. After oral argument, the Court again granted leave to amend, but only as to the fraud cause of action. Plaintiff then filed his Third Amended Complaint on June 7, 2019, all...

Excerpt: ...T”). (Compl. ¶¶14, 20, Ex. 2.) Plaintiff alleges that in September 2009, she entered into a loan modification agreement with BANA, in which Plaintiff agreed to submit monthly payments in the amount of $858.18 for 60 months. (Id. ¶16, Ex. 3.) However, on December 1, 2009, Plaintiff alleges that BANA would no longer accept Plaintiff's payment of $858.18 because BANA claimed the payment was less than required. (Id. ¶18.) The loan was then assi...

Excerpt: ...kson alleges direct victim emotional distress in observing injuries to plaintiff Ava Walls. The Third Cause of action for Fraud in Concealment alleges that defendants knew that plaintiff Crystal Jackson would encounter a dangerous delivery that had the risk of brachial plexus paralysis, brain damage, and /or death yet chose to withhold this information from Crystal in order to avoid the cost of performing a medically necessary C‐Section. She al...

Excerpt: ...‐to‐carrier services provided by AT&T to Defendant O1 Communications ("O1"), for which defendant has allegedly failed to pay the appropriate amounts due. Under the ICA, AT&T provides, inter alia, transiting service to O1, which allows O1 to deliver certain telecommunications traffic (e.g., voice communications) to AT&T, for delivery by AT&T to third‐party telecommunications carriers, for ultimate delivery to the third‐party carrie...

Excerpt: ...of the pleadings and irrelevant to the court's interpretation of the alleged contract on this motion. Molina's Evidentiary Objections are sustained. Plaintiff alleges a cause of action for breach of contract arising out of relationship with Molina. Plaintiff asserts that certain provisions of the 2015 Molina Healthcare Medi‐Cal Program Member Services Guide created a contractual duty for Molina to provide name brand prescriptions rather...

Excerpt: ... Sleep Train Arena around 5:30 to 6:00 pm for the game between the Kings and the Denver Nuggets. As she and her friend Mr. Romero were walking toward the tables to buy bobble heads, Rose slipped and fell to the floor, injuring her knees. She alleges that the floor was a dangerous condition. She alleges that a security guard and/or police officer looked at the floor and said it was slippery, although the undisputed evidence shows that the responde...