Excerpt: ...nce Code section 1379(b) is DENIED. Requests for Judicial Notice Defendant's request for judicial notice of Matter of Jaimez (December 17, 1998) P‐B486, a decision of the California Unemployment Insurance Appeals Board, is granted. Plaintiff State of California, Employment Development Department's (“Plaintiff” or “EDD”) request for judicial notice of various orders, tentative rulings, and judgments in Brooks v. California Unemployment I...

Excerpt: ... account, and both times Defendant returned the bill pay requests to Sprint for insufficient funds, triggering two NSF fees. The Class is defined as “all California residents who have or had a GOLDEN 1 checking account from which GOLDEN 1 assessed more than one insufficient funds ("NSF") fee for an item that GOLDEN 1 returned as unpaid at any time during the four (4) years preceding the filing of this action and up to the time when GOLDEN 1 's ...

Excerpt: .... To appear on Zoom telephonically, call (833) 568‐8864 and enter the Zoom ID: 16146506749. The proofs of service accompanying this motion indicate service of the moving papers was sent to incarcerated plaintiff in pro per Sharmistha Barai (“Plaintiff”) at a Federal Medical Center located in Fort Worth, Texas, but there is no evidence in the Court's records indicating that is Plaintiff's current address. If the moving party files at or prio...

Excerpt: ...jor cardiac bypass operation on May 20, 2020. Two days post surgery, Plaintiff developed spinal cord ischemia at T5, resulting in paraplegia. The Complaint alleges a single cause of action for medical malpractice against Defendant, the UC Davis Medical Group, and six physicians. Plaintiff dismissed the individual defendants after the parties stipulated that each of those defendants were employees and agents of Defendant, acting within the course ...

Excerpt: ...f the "Original Grange" in an underlying dispute with the National Grange and the CSG and the legal fees it received from the Original Grange pursuant thereto. The Court is familiar with the long running litigation between the parties, but in brief, the underlying dispute began on October 1, 2012, when the National Grange sued the Original Grange in this Court. The National Grange claimed that its actions taken against the Original Grange were co...

Excerpt: ...of Plaintiff's alleged molestation and physical abuse by her stepfather, DS. The First Amended Complaint alleges causes of action for sexual battery, negligence, gender violence, and intentional infliction of emotional distress against Defendants. On November 2, 2021, Plaintiff served her first set of written discovery, which consisted of form interrogatories (“FIs”), special interrogatories (“SIs”), requests for admission (“RFAs”), a...

Excerpt: ...iff was travelling in the southbound direction and defendant was driving in the northbound lane. Both vehicles entered a dust cloud that had been stirred up by a farmer using his tractor in a field adjacent to the road. Defendant crossed over into the southbound lane and his vehicle's front impacted the front of plaintiff's vehicle.” (Complaint, ¶ GN‐1.) Plaintiff named as Doe 1, Non‐Settling Defendant PR AG Services, LLC. (“PR AG”). (...

Excerpt: ...'s counsel is directed to contact opposing counsel forthwith to advise counsel of Department 54's correct address, Local Rule 1.06, and the Court's tentative ruling procedure. If GM's counsel is unable to contact opposing counsel prior to the hearing, GM's counsel shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory notice to today's tentative rulings), in the event...

Excerpt: ...round that Defendant failed to meet and confer in good faith prior to filing the instant motion. Here, Plaintiff personally served her responses on April 27, 2022. Thus, Defendant's forty‐five (45) day deadline to file and serve a motion compel further responses expired on June 13, 2022. On May 23, 2022, Defendant sent a 34‐page meet and confer letter regarding Plaintiff's responses to special and form interrogatories and request for producti...

Excerpt: ... landlords for a tenant's illegal cultivation of cannabis and the fairness of the administrative hearings provided by the City for contesting such penalties. During discovery, the City inadvertently produced a 4‐page string of emails identified by Bates Stamp No. COS0056014‐17, which the City claims is protected from disclosure by the attorney‐client and attorney work product privileges. Plaintiff contends the emails are not privileged and ...

Excerpt: ...in pro per available for oral argument at the above‐stated time. Appearance will be by ZOOM and Department 53's Zoom ID is 841 204 6267. To appear on Zoom by telephone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above. The demurrer of defendants California State Prison‐Sacramento and Correctional Officers Martine and Enriquez to plaintiff in pro per Blackwell's First Amended Complaint (“1AC”) ...

Excerpt: ...ows. Plaintiff filed a 177‐page opposition on July 13, 2022, only four Court days prior to the hearing. This is not the first time Plaintiff has filed an untimely opposition. While the Court, in its discretion, has considered Plaintiff's previous untimely filings, the Court declines to do so in this instance based upon Plaintiff's repeated failures to comply with deadlines and the extreme untimeliness of this opposition coupled with the oversiz...

Excerpt: ...aint (“3AXC”) is OVERRULED. Cross‐Defendant Rock Creek Oil, Inc.'s (“Rock Creek”) joinder is unopposed and granted. This action arises from a Natural Gas Purchase and Sale Agreement (“PSA”) entered into between Cross‐ Defendants and CEE. Disputes subsequently arose over a variety of matters, including, but not limited to, the construction of the pipeline facilities, the quality of the gas being produced, and Cross‐Defendants' ob...

Excerpt: ...r alleges he was misclassified as an independent contractor. VSS contends Carr agreed to settle all of his employment related claims pursuant to the parties' Labor Commissioner hearing, but has now refused to sign the Settlement Agreement and breached the parties settlement agreement, Independent Contractor Agreement (“ICA”), and Hold Harmless Agreement (“HHA”). VSS filed the original Cross‐Complaint on November 8, 2021, and the First A...

Excerpt: ...stence, 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 (2012) 204 Cal.App.4th 112, 120‐121 [“[W] hile the existence of any document in a court file may be judicially noticed, the truth of the matters asserted in those documents, including the factual find...

Excerpt: ...ourt, on its own motion, takes judicial notice of its record which reflects the Doe amendment was filed on December 16, 2021. (ROA 55.) Mercury's RJN No. 7 is unopposed but DENIED. The Court declines to take judicial notice of the Traffic Collision Report as the truth or accuracy of statements in such reports are reasonably subject to dispute and not appropriate for judicial notice. (See People v. Jones (1997) 15 Cal.4th 119, 171, fn. 17 [overrul...

Excerpt: ...ining, and entrustment. (ROA 1.) This is a personal injury action arising from a motor vehicle collision allegedly caused by Defendant Brooks while driving a vehicle owned by Defendant Garda. Plaintiff alleges causes of action for negligence against Defendant Brooks and for negligent hiring, training and entrustment against Defendant Garda. No trial date has presently been set in this matter. In Opposition, Plaintiff raised arguments regarding De...

Excerpt: ...dressed 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 California Department of Public Health ("Defendant" or "CDPH") motion for summary judgment, or in the alternative, summary adjudication, against Plaintiff Johnnae M. Harkey‐Kirk (“Plaintiff”) is ruled upon as follows. I. Background This is a class...

Excerpt: ...cher with Defendant at Cordova Villa Elementary School. Plaintiff is African‐American and filed her operative Second Amended Complaint (“2AC”) on June 22, 2020, alleging causes of action for discrimination, harassment, and retaliation based on race. On January 20, 2021, the Court sustained without leave to amend Defendant's demurrer to Plaintiff's race harassment claim finding that, “with the exception of the watermelon ornament incident,...

Excerpt: ...th pertaining to the Motion to Disqualify Mr. Wiesner. On July 14, 2022, Plaintiff's Counsel filed a Notice of Errata confirming that they did in fact file two identical copies of the same Memorandum of Points and Authorities, albeit in error. Attached with the Notice of Errata was the “corrected copy” of the Memorandum of Points and Authorities pertaining to the Motion to Disqualify Mr. Guslani. The Court notes, accounting for the delay in f...

Excerpt: ...change. (Mot., p. 3:3‐ 4.) During the arbitration discovery process, in response to Respondent's interrogatories, Claimant identified her injuries from the accident as follows: “Back, right leg, neck, hips, and buttocks.” (Mot., p. 3:5‐7; Ex. A.) Respondent then served deposition subpoenas on Kaiser facilities seeking all of Claimant's medical records dating back to 2007. (Mot., p. 3:10‐28; Ex. C.) The Parties' Contentions Claimant file...

Excerpt: ...agement, Inc., (“BMW”) as tenant for property located at 6009 Florin Road, Sacramento, California (the “Premises”), comprised of approximately 8,000 square feet that was leased by BMW for use as a Sizzler Restaurant. (Jackson Dec. ¶¶ 3‐4, Exhs. A‐B.) Pursuant to Article J of the Lease, following Rent Commencement, BMW promised to make monthly payments for the years 1 through 5 in the amount of $16,666,67; for the years 6 through 10 ...

Excerpt: ...prejudice. This matter was placed on today's calendar after the Court granted Plaintiff's ex parte application for an OST on June 9, 2022. Plaintiff filed his original complaint on December 20, 2018 and his first amended complaint on August 19, 2019. Plaintiff alleges causes of action against Defendants Heritage Inn of Sacramento, LLC, et al. for conversion, trespass to chattels, and intentional infliction of emotional distress. He appears to all...

Excerpt: ...vices Corporation opposes this motion. For the reasons articulated below, Plaintiff's motion is GRANTED. Background Plaintiff Navas was scheduled to be deposed on November 22, 2021. While both Plaintiff's and Defendant's counsel appeared as scheduled, Mr. Navas did not. (Nobles Decl., ¶ 6.) At some point thereafter (although it is not clear when exactly), Plaintiff's counsel contacted Mr. Navas, who indicated that he no longer wished to serve as...

Excerpt: ... Street, Sacramento, California 95814. Factual Background This case involves Plaintiffs' allegations that they endured continued sexual harassment and physical assaults while attending Delta High School. Plaintiffs allege that Defendants River Delta Joint Unified School District, Don Beno, and Laura Uslan (collectively “Defendants”) fostered an atmosphere of rule‐breaking, bullying, and sexual harassment because they allowed the harassment ...