Excerpt: ...ere a party refuses to comply with an administrative subpoena, the head of the department may petition the Court for an order compelling compliance. Thereupon the Court can issue an OSC requiring the party to appear and show cause why it has not responded to the subpoena. (Gov't Code § 11188.) The relevant inquiry under Gov't Code § 11188 is whether the subpoena was “regularly issued” in accordance with §§ 11180‐11185. (Fielder v. Berke...

Excerpt: ...g, (3) promissory estoppel, (4) negligence, and (5) fraud. Plaintiff also seeks to recover punitive damages and attorneys' fees. (Compl. at 1‐14.) This case arises from a borrower signing home loan origination documents in a name other than her legal name. Later, she divorced her husband, who was also her coborrower on the loan. Defendant allegedly stopped automatic withdrawals of mortgage payments from her account due to her husband's bankrupt...

Excerpt: ...e claimed costs on or before May 3, 2019. Defendant was to have served a response to the plaintiff's brief on or before May 10, 2019. No response to the plaintiff's May 3 brief was filed. The Court rejects the argument that the motion to tax set forth in the initial opposition was untimely for the reasons stated in the first paragraph under "Costs" of the tentative ruling of April 10, 2019. The Court has reviewed the additional br...

Excerpt: ...382 authorizes class actions "when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court ... ." (Code Civ. Proc. § 382.) Generally, a class suit is appropriate "when numerous parties suffer injury of insufficient size to warrant individual action and when denial of class relief would result in unjust advantage to the wrongdoer...

Excerpt: ...he anti‐SLAPP motion. Law Offices of Andrew L. Ellis v Yang (2009) 178 Cal.App.4th 869, 879. However, the Court has limited jurisdiction to decide whether to award attorneys fees and costs to defendant. Law Offices of Andrew L. Ellis v Yang (2009) 178 Cal.App.4th at 879. Plaintiff cannot avoid paying attorneys fees and costs by voluntarily dismissing the case after the anti‐SLAPP motion is filed if the motion would have been granted. Tourgema...

Excerpt: ...confer and agree on the language of the Belaire notice. This motion is not actually a motion to compel a further response to the special interrogatory. Rather, the motion is made in response to the Court's earlier ruling on this interrogatory requiring the parties to meet and confer to agree on the form of the Belaire notice. After meeting and conferring, the parties are at an impasse. Plaintiff also seeks by this motion an order that the par...

Excerpt: ...nd failure to pay for products ordered from plaintiff. In response to the Complaint, defendant filed a cross complaint asserting claims wholly unrelated to the allegations of the complaint, arising out of a 2016 Design Competition and Design Photography. Defendant contends Columbia misrepresented the purpose of the competition and that the true purpose was to obtain defendant's professional photography to use in its marketing free of cost.. (...

Excerpt: ...hibits consist of plaintiffs medical records and medical history. Defendants now move to file specific parts of this motion under seal to protect plaintiff's privacy rights under the Health Insurance Portability and Accountability Act (HIPAA) and under the California Constitution, which overcome the right for public access to Defendants' Motion for Summary Judgment filed concurrently with this Motion. Indeed, 42 U.S.C.S. § 300gg, et seq....

Excerpt: ...e Answers. Plaintiff opposes. (Opp'n at 1‐3.) Background This is a nonjudicial foreclosure case involving allegations of unfair competition. Trial is currently set to commence on 9/16/2019. Request for Judicial Notice Defendants' Request for Judicial Notice (“RJN”) (Register of Actions (“ROA”) 179, which attaches court records from a previous Sacramento Superior Court action involving these same parties, is unopposed and is GRANTED purs...

Excerpt: ...t an emergency hearing was set for May 1 in the United States Bankruptcy Court for the Northern District of Texas, Case No. 17‐30355‐HDH, the outcome of which could substantively effect this motion. Accordingly, this motion was continued to May 16. After the Bankruptcy Court issued its order, the parties submitted separate briefs regarding same. At that time, VSP informed the Court that it filed a Motion for Reconsideration of the Bankruptcy ...

Excerpt: ...d the demurrer as to the second cause of action for violation of Civil Code § 52.1 (Bane Act). Where leave was given, Plaintiff had until April 4, 2019 to file an amended complaint. Plaintiff did not file an amended complaint. Defendant now seeks an order dismissing the second cause of action from the complaint pursuant to CCP § 581(f)(2) given Plaintiff's failure to file an amended complaint amending that cause of action. Even though the motio...

Excerpt: ...rwise assert that substantially‐compliant responses to defendant's requests for admissions have to date been served. Instead, the opposition does little more than argue that requests for admissions are “false and untrue.” However, all plaintiff needs to do to defeat the present motion is to serve “before the hearing on the motion” proposed responses that are in substantial compliance with the requirements of Code of Civil Procedure §20...

Excerpt: ...e and Oil Consumption Defects”), Plaintiff seeks to compel Defendant to provide full and complete responses to certain requests for production. Requests Nos. 1, 10, 20, 21, 24‐31, 33‐35, 74, 91 and 92 relate to Defendant's investigation and analysis regarding the defects. Requests Nos. 7, 44, 50, 52‐55, 59 and 67 related to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the requests for productio...

Excerpt: ...e specific discovery requests that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). This is an elder abuse case which was filed on 8/7/2018. On 12/10/2018 VHS served by mail its responses to plaintiffs' form and special interrogatories, notin...

Excerpt: ...tify the clerk and opposing counsel at the time of the request which of the moving Defendants' 106 Undisputed Material Facts will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Moving counsel failed to comply with CRC Rule 3.1350(b), requiring that issue(s) presented for summary adjudication be s...

Excerpt: ... responses by April 8, 2019. Defendants were also ordered to pay $1,100 in monetary sanctions. Plaintiff now seeks additional monetary sanctions and issue sanctions on the basis that Defendants failed to provide the Court ordered responses. The Court received but did not consider Defendants' counsel's declaration filed on May 14, 2019, two days before the Court hearing indicating that responses were served on May 13, 2019. No responses we...

Excerpt: ...enger. Plaintiff and Menez are married. Menez's vehicle collided with a vehicle that was driven by Defendant Joseph Molina. Plaintiff also named Patrick Torres and his employer Snow Seed & Supplies as defendants. Mr. Torres was driving a vehicle pulling a trailer. Plaintiff suffered an injury to her spinal cord in the accident and underwent a threelevel fusion for what was diagnosed as a cervical fracture dislocation. Plaintiff missed approxi...

Excerpt: ... Defendant Mike Thomas' demurrer to plaintiff's First Amended Complaint (“1AC”) is ruled upon as follows. Plaintiff's counsel failed to comply with CRC Rule 3.1113(f). Factual Background This action arises out of plaintiff's prior employment with defendant City of Sacramento's (“City”). Plaintiff was hired by City in early 2014 but maintains she was constructively terminated and forced into early retirement on or about 1/5/2018. She comme...

Excerpt: ...otion For Summary Judgment, Per Section 473b Code of Civil Procedure GRANTED in part. The Court will consider Defendants' late‐filed reply brief, but will not consider the voluminous additional documentary evidence improperly included with that brief, which Defendants' counsel's declaration fails to explain or justify. "The general rule of motion practice, which applies here, is that new evidence is not permitted with reply pape...

Excerpt: ...iff's Complaint alleged on December 4, 2017, Defendant held a press conference where she publicly and falsely accused Plaintiff of sexual assault at a pre‐wedding party on January 16, 2016, in a hotel suite bathroom in Las Vegas. Plaintiff also alleged Defendant defamed him in a report she filed with the California State Assembly on the same day, in which she made similar false statements. On October 23, 2018, Defendant filed a special motion t...

Excerpt: ...otion For Summary Judgment, Per Section 473b Code of Civil Procedure GRANTED in part. The Court will consider Defendants' late‐filed reply brief, but will not consider the voluminous additional documentary evidence improperly included with that brief, which Defendants' counsel's declaration fails to explain or justify. "The general rule of motion practice, which applies here, is that new evidence is not permitted with reply pape...

Excerpt: ...e, when Arreola was negotiating a right‐hand curve at approximately 30 mph. He observed an object or animal on the roadway and made a turning movement to the left and braked to avoid it. The turning movement took him into the dirt and gravel shoulder and the car collided with a tree. Plaintiff filed the action against Arreola on 12/14/2015. On 11/6/2014, Plaintiff was in a car accident with Jessica Williams (“Williams”). Plaintiff was drivi...

Excerpt: ...plaintiff 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 California Pharmacy and Compounding Center, Inc.'s (“CPCC”) motion for summary judgment is ruled upon as follows. Overview This is a putative class action. The representative plaintiff is Matt Gelso, Jr. (Gelso). Gelso alleges th...

Excerpt: ... dba Shannon's Mobile Home Park SP, and Shannon's Mobile Home Park SP (collectively, “Defendants”). Plaintiff was walking up the stairwell when the rail broke causing him to fall and break his right leg. Plaintiff filed a complaint against Defendants on October 24, 2018, alleging premises liability and general negligence. On or around March 13, 2019, Defendants caused to be served on counsel and the providers, deposition subpoenas for the pro...

Excerpt: ...s follows. The Court notes four separate writs of attachment are on calendar for today's date, but, by this single ruling, the Court addresses all four writs of attachment. Defendants Keine's, Jensen, and Carlson (represented by the same counsel) have submitted a single opposition. Siebly has not submitted any opposition. Keine's, Jensen's, and Carlson's request for judicial notice is granted as to item 1 (the Cross‐Complaint filed in this acti...

Excerpt: ...tors is ruled upon as follows. I. Factual Background JFURTI filed suit in New York against defendants/judgment debtors Suneet Singal (“Singal”) and several business entities, ultimately obtaining a multi‐million dollar judgment. JFURTI sought and obtained the entry of a sister state judgment here in California in 2018 and is currently attempting to collect on the judgment through a variety of means. By this motion, JFURTI move for an order:...

Excerpt: ...udicial notice on reply is DENIED. “Simply because information is on the Internet does not mean that it is not reasonably subject to dispute.” (Huitt v. Southern California Gas Co. (2010) 188 Cal.App.4th 1586, 1605, fn. 10.) Defendants move to disqualify Lewis Brisbois on the grounds Defendants revealed privileged, confidential information material to this litigation to Lewis Brisbois partner Jeffrey S. Ranen in the course of telephone conver...

Excerpt: ...n alleged slip and fall accident that occurred on September 8, 2015, at the 99 Cents Only Store located at 2224 El Camino Avenue, Sacramento, California. Plaintiff claims to have slipped on a slippery substance and fell, which resulted in injuries. Plaintiff propounded her first set of requests for production of documents on Defendant on June 6, 2018. (Shabani Decl. ¶ 5, Exh. 1.) Defendant, who was previously represented by James Pagliero (since...

Excerpt: ...d complaint. The proof of service states that defendant Joyce Levels was personally served with the summons and complaint by the registered process server on June 28, 2018 at 6:42 p.m. Default and default judgment were entered September 27, 2018. There is, as of yet, no notice of entry of judgment in the court's electronic file, CCMS. Both defendant and her husband have submitted declarations stating that defendant was not personally served b...

Excerpt: ...Request for Admissions, Set One and Form Interrogatories, Set One. (Jagannath Decl. ¶9.) In pertinent part, CCP 2033.280 states: "If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: (a) The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product..." Because the response...

Excerpt: ... Defendant's counsel is unable to contact Plaintiff's counsel prior to the hearing, Defendant's counsel shall be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). Defendant's motion for an order compelling further responses to Defendant's special interrogatories, set one (“SIs”) and request for production of documents, set one (“RFP...

Excerpt: ...is a pregnancy discrimination action arising out of Plaintiff Brook Huangs' (“Plaintiff”) employment with Defendant. Plaintiff was hired by Defendant around September 2013, after Defendant acquired Golden State Collision (“GSC”). At the time of the acquisition, Plaintiff worked for GSC. Before the acquisition closed, a group of Defendant's employees visited the GSC location where Plaintiff worked and offered the GSC employees the opportun...

Excerpt: ...arding mandatory workers compensation insurance provided to defendant. On February 28, 2019, the Court granted Shutter Source's motion to file an Amended Answer to include the 24th affirmative defense, asserting "Fraud". (See Minute Order Department 53, February 28, 2019.) Plaintiff seeks the sanction of striking the Twenty‐Fourth affirmative defense of "Fraud, Deceit or Misrepresentation" alleged in defendant The Shutter So...

Excerpt: ...aproxen) while in custody at the Sacramento County Jail in November 2017. Plaintiff declined to take the medication believing he had an adverse reaction in 2013. (See Plaintiffs Exh. A p. 2, attached to 3 Complaint.) Plaintiff was released from custody a few hours after being offered the Naprosyn by Dr. Drennan. (See Plaintiffs Exh. B p. 1, attached to Complaint.) A previously filed action initiated by Plaintiff Alston was against the same County...

Excerpt: ...ng the subject property and failing to warn of a dangerous condition on the property. Defendant now moves for summary judgment. Defendant's separate statement includes the following. On April 13, 2017, Plaintiff attended a gathering at a rural residential property located at 41490 South River Road in Courtland. Plaintiff had been to the property on previous occasions and was an experienced ATV rider. Plaintiff was injured while riding her ATV at ...

Excerpt: ... was ordered to serve further responses to Defendant's form and special interrogatories and requests for admissions (sets one) by March 21, 2019. Defendant seeks terminating sanctions only on the basis that Plaintiff has not provided the Court ordered further responses. No lesser sanction was requested. For misuse of the discovery process, including as is the case here, disobeying a court order to provide discovery, the Court may impose a termina...

Excerpt: ... was filed in early 2017. The original trial date of 4/22/2019 was recently continued by stipulation and order to 9/23/2019. Moving defendants seek to file a cross‐complaint for indemnity against not only the other defendants but also one new party which is alleged to have expressly agreed to indemnify moving defendants. Plaintiff opposes. Although plaintiff is correct that the proposed indemnity cross‐complaint is not compulsory but rather i...

Excerpt: ... plaintiffs seek an order compelling non‐parties' compliance with subpoenas. To add to the confusion, the notice of motion by its own terms indicates that plaintiffs are seeking an order compelling compliance with only a singular subpoena, while the moving papers elsewhere suggest plaintiffs are actually seeking to compel compliance with several subpoenas. Moreover, for unknown reasons, the notice of motion does not identify by name those non�...

Excerpt: ...tow Sheppart Wayte & Carruth Llp Tentative Ruling: The Court has read and considered defendants' “Motion for Summary Judgement [sic]/Summary Adjudication” filed April 2, 2019. Code of Civil Procedure section 473c(b)(1) requires that: The supporting papers shall include a separate statement setting forth plainly and concisely all material facts that the moving party contends are undisputed. Each of the material facts stated shall be followed b...

Excerpt: ...ruling. The Governor's demurrer to the first amended complaint (FAC) is SUSTAINED in part without leave to amend and DROPPED in part as moot. The Governor's motion to strike is DROPPED as moot. The Governor's request for judicial notice (RJN) is GRANTED. In the absence of any prejudice, the Governor's objection to the addition of CDCR Secretary Scott Kernan as a defendant is OVERRULED. Overview Plaintiff Michael Shannon advances a variety of ...

Excerpt: ...fied on June 29, 2018, that his appointment would end effective July 9, 2018. Plaintiff alleges he was wrongfully terminated in retaliation for requesting payment of his statutory salary and for his testimony before the Legislature in March of 2016. Plaintiff's FAC alleges the following two causes of action: (1) retaliation in violation of Labor Code § 1102.5; and (2) unpaid wages in violation of Labor Code § 201. Defendant demurs to each cause...

Excerpt: ...nd cause of action. (The Court finds the answer filed on December 18, 2018 was inappropriately designated as Caltrans' answer and was superseded by the amended answer filed by George Reed, Inc. on 2/19/19.) Even under California's liberal pleading practice, plaintiff has failed to separate the allegations within the second cause of action. The allegations as to each defendant within the cause of action must be pled with sufficient particularity t...

Excerpt: ...Homeowners Association (13th cause of action) are sustained with 30 days leave to amend based on the failure of each challenged cause of action to state facts sufficient to constitute a cause of action. Defendants Professional Community Management of California, Inc. and Cabo Del Mar Homeowners Association's Motion to Strike is deemed moot and off calendar by virtue of their demurrer being sustained with leave to amend. Defendants AMC Inc. dba St...

Excerpt: ... As a result, Plaintiff must obtain pre‐filing order from the Presiding Judge before he can file new litigation in pro per. At the time Plaintiff was declared a vexatious litigant, the instant action was pending. Subsequent to the vexatious litigant finding, Plaintiff filed a First Amended Complaint and Second Amended Complaint in this action, which added a number of new defendants, DOE defendants and causes of action. On December 12, 2018, Pla...

Excerpt: ...l of the out-of-state action initiated by Defendant and bringing this motion for fees. It is premature for Plaintiff to seek any remedies in this action, including attorneys' fees, pursuant to Section 925(c) before there has been a determination whether Plaintiff was an employee or independent contractor, and whether Defendant violated Labor Code § 925. Pursuant to Section 925, an employer may not require an employee who primarily resides and wo...

Excerpt: ... The complaint states facts sufficient to constitute a cause of action against the defendant and that the answer does not state facts sufficient to constitute a defense. The failure to deny a material allegation necessarily results in an admission. Hennefer v. Butcher (1986) 182 Cal.App.3d 492, 504. �In the case of . . . a motion for judgment on the pleadings, leave to amend should be granted if there is any reasonable possibility that the plai...

Excerpt: ...itted, a redline version showing all changes, deletions and additions shall be submitted as well. As to the Settlement: 1. The proposed Class Definition contained in Article I, subsection c, of the Settlement Agreement and ¶17 of the First Amended Complaint, references security guards or individuals in a “functionally equivalent position.” The Class Notice is directed to, and defines the Class as, only security guards. Please confirm that th...

Excerpt: ...cation that (1) Plaintiff does not have a claim for dangerous condition of public property, or (2) BART has immunity. The Court finds that BART has not shifted its burden on several issues, and on the remaining issues there are triable issues of material fact. Indeed, while BART presents more or less the same substance in a variety of different wrapping papers, it's the same substance under different section headings. Dangerous Condition A claim ...

Excerpt: ...sed the car in 2013, and (according to his suit) he encountered a long train of significant problems with it. He demanded repurchase in February 2016, and filed this suit in March 2016. More than two years later, in July 2018, defendant served a notice of inspection of the vehicle. After some initial scheduling discussion, plaintiff's counsel informed defendant's counsel in September 2018 that plaintiff had sold the car and thus couldn't produce ...

Excerpt: ..., very minimal, and Trilogy was often dismissed from construction defect suits for waiver of costs or with payment of very little money. But Navigators directed its attorneys to avoid vigorously defending Trilogy and to try to use money Trilogy would have to reimburse to resolve claims. This created circumstances where other law firms Navigators selected were subject to conflicts of interest, often receiving conflicting instructions from their cl...

Excerpt: ... participate. As was discussed at the recent CMC, although the complaint identifies the Estate as the plaintiff, there is neither the identification of any actual person who is the representative of the Estate, nor any probate order designating anyone as such representative. There also is no allegation of any survivors purporting to bring a wrongful death action on their own behalfs. The Court gathers that the person(s) who arranged for counsel t...

Excerpt: ...r this motion. The notation in the margin of the petition states "NO $." Failure to pay the filing fee is grounds for dropping the petition. A motion is void for failure pay the filing fee. (See, e.g. Gov't Code sec 70600 et. seq.; CCP § 411.20; Hu v. Silgan Containers Corp., (1999) 70 Cal. App. 4th 1261.) Accordingly, the Court rules on the motion as follows, provided that the filing fee is paid at or prior to the hearing. If the fi...

Excerpt: ...intiff Smith as a passenger, and the ATV flipped and plaintiff was injured. In analyzing the request for punitive damages, the Court relies on Peterson v Superior Court ((1982) 31 Cal.3d. 147), where the California Supreme Court stated “the law in California had evolved in the area of punitive damages to the point where a finding of defendant's conscious disregard of the safety or rights of others would support an award of punitive damages.” ...

Excerpt: ..."Lease"). Defendant OM Fitness, LLC ("OM") is the guarantor of PFLLC's obligations under the Lease. PFLLC ceased paying rent on October 1, 2018 and has paid no rent since then. (Declaration of Frederick Vitt (“Vitt Decl.”), ¶ 2.) In November 2018, Plaintiff filed its first action against PFLLC and OM. (Sacramento Superior Court, Case No. 34‐2018‐ 00244607.) In December 2018, Department 53 granted Plaintiff's writ ...

Excerpt: ...0. (Dale Decl., Exh. 1 at §§ II(F), III(1).) The parties executed the Settlement Agreement on or around May 2018. (Dale Decl., Exh. 1 at pg. 12.) In the Settlement Agreement the parties agreed: (1) to resolve the PAGA claims of all persons employed by Defendant in nonexempt positions in Defendant's California‐based warehouses as of August 7, 2016; (2) provide approximately $118,102.83 in net settlement payments to the Aggrieved Employees; (3)...

Excerpt: ...e 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 This case follows entry of a money judgment in Solano County Superior Court against plaintiff herein Arthur Scott Dockter (“Dockter”) in 1998. In his first amended complaint (“FAC”), D...

Excerpt: ...3, 2018 (ROA 167). Four weeks later, the attorneys for the parties (but not the parties themselves) stipulated to class-wide arbitration based on the representation that most of the putative class members had signed arbitration agreements. The stipulation (ROA 170) provided for arbitration of all “disputes arising from or related to the facts pleaded in the Complaint,” and gave no indication that the role of the arbitrator would be to approve...

Excerpt: ... also sought orders compelling responses to interrogatories and document requests. That part of these motions was put over to the present date, with an invitation for each moving defendant to file and serve a supplemental statement explaining which (if any) of these other discovery responses are still genuinely needed, in light of the order deeming matters admitted. Incense Specialties has filed the supplemental statement invited in the Court's r...

Excerpt: ...responses to requests for production, set one, numbers 1, 10, and 11 on April 15, 2019. The motion was filed on April 12, 2019. Service of responses after the motion was filed does not moot the motion, even if Plaintiff did not receive a copy of the motion until April 17, 2019. Defendant is still entitled to an order. To be clear, a motion is "made" when it is filed and served. (CCP § 1005.5.) At the time the motion was filed Plaintiff h...

Excerpt: ...and 38, is granted in part and denied in part as set forth below. Plaintiff's concurrent motion for monetary sanctions in the amount of $2,796.50 is denied. Defendant's counter request for sanctions in denied. Notice to Putative Class Members A threshold and core issue underpinning the parties' discovery disputes over most of the identified discovery requests is whether the putative class members are entitled to some form of prior notice and oppo...

Excerpt: ..., while at a Target store with his parents, he fell on a slippery spot on the floor and suffered a concussion. Cortez was approximately 17‐ months‐old at the time and was holding his father's hand. (See Undisputed Material Facts (UMF) 1, 3, 4; Opp. at 2:11‐13.) Target moves for summary judgment. Cortez opposes. Discussion Preliminarily, Cortez' request for a second continuance to complete discovery is denied. On 2/01/19, the court granted C...

Excerpt: ...efendant's 25 Undisputed Material Facts, plaintiff's 52 Additional Material Facts and/or defendant's 14 Additional Material Facts will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Moving counsel failed to comply with CRC Rule 3.1350(b), requiring that the issue(s) presented for summary adjudica...

Excerpt: ... 23, 2018. The dismissal was without prejudice. Plaintiff thereafter filed the instant case ("Espiritu 2"). Espiritu 2 contains allegations substantially similar to Espiritu 1 in that Plaintiff is seeking the return of $233,000 that he invested with defendants. Defendants argue that the instant case is nothing more than a continuation of Espiritu 1. They argue that in Espiritu 1, Judge Van Camp was appointed as the discovery referee due t...

Excerpt: ...cute between February 11, 2014 and April 24, 2017. Defendants seek to compel this dispute to arbitration on the basis that Plaintiff signed arbitration agreements for arbitration of medical malpractice disputes and arbitration of disputes other than medical malpractice after the Decedent was admitted to Sacramento Post‐Acute. The arbitration agreements generally provide that any controversy arising out of or related to services rendered to the ...

Excerpt: ...on for failure to engage in the interactive process, failure to provide a reasonable accommodation, harassment and violation of Labor Code § 1102.5. Defendants' petition to compel arbitration on the grounds that (1) there exists a written agreement to arbitrate the controversy that is this subject of this litigation and (2) that plaintiff has refused to arbitrate the controversy. C.C.P., sec. 1281.2. Defendants move to compel this matter to arbi...

Excerpt: ...rs for gender discrimination, harassment and retaliation arising from her perceived entitlement to a promotion to an Attorney IV position. She also alleges whistleblower retaliation and fraud. Defendants move to quash a subpoena for the production of business records directed to the Office of the Attorney General on the basis that the requests seeks documents related to claims Plaintiff already settled, seeks attorney‐client and work product do...

Excerpt: ...ssment; (3) pregnancy harassment; (4) failure to provide meal and rest periods; (5) failure to issue accurate itemized wage statements; and (6) unlawful business practices in violation of Business & Professions Code § 17200. Plaintiff alleges that her employment with Defendant began in June 2012 and that during her employment she was pregnant three separate times. She alleges that she experienced pregnancy harassment/discrimination throughout he...

Excerpt: ...about "Agent X." Plaintiff seeks discovery of the following law enforcement records: (1) Non party CHP/Sergeant Morrison's administrative investigation file of misconduct complaints brought by Plaintiff Michael Lillie against Office of Internal Affairs Chief of Headquarters John Day and Deputy Chief of Operations Dave Grant, (however, the notice of motion refers to CDCRs file, yet the body of the motion and declaration refer to the CH...

Excerpt: ...(“Note”) and that it advanced him $105,000. It alleges that the Note provides that Defendant's separation of employment with Caffe Ettore Inc. (“CEI”) is a default under the Note entitling it to declare all amounts under the Note due and owing. Plaintiff seeks a writ in the amount of $131,483.07 which includes estimated costs and fees of $11,000. An attachment may be issued only in an action on a claim for money, based upon a contract, ex...

Excerpt: ..., unlawful retaliation, failure to prevent discrimination, harassment and retaliation, failure to pay wages, unlawful retaliation for demanding wages due to wrongful termination, defamation, assault, and battery. Plaintiff alleges that at all relevant times he was living in and performing work in the State of California. He further alleges he was employed by the ISS Defendants beginning in 2016, and by late 2017 was the ISS Defendants' only sales...

Excerpt: ...demurring Defendants in connection with care they provided him apparently based on allegations that he has mental health issues and was discharged too early. He alleges that he suffered a fracture and dislocation of his right elbow, right wrist, a fracture on his right leg, right ankle fracture, and more. Plaintiff Jill Williams alleges a cause of action for NIED against demurring Defendants. Plaintiff Austin Ulrich also alleges a cause of action...

Excerpt: ...fferent views of the meet and confer process was unnecessary. The Court received and considered Plaintiff's opposition filed and served eight Court days prior to the original hearing date. Defendant was able to file a complete reply. Plaintiff, by and through his guardian ad litem, filed the instant action arising out of allegations that he was hit by a golf cart while attending the Dixon May Fair in May 2018. CDE is named in the first, third and...

Excerpt: ...B's request for judicial notice is granted. Plaintiff does not oppose the request. (Opp., p. 13:23‐14:6.) As to court records, the notice is limited as explained in Sosinsky v. Grant (1992) 6 Cal. App. 4th 1548. While a court may take judicial notice of the existence of any document in a court file, it cannot judicially notice the truth of facts asserted in the document. (Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 121.)...

Excerpt: ...lleging 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 seeks a writ in the amount of $121,589.22 ($96,589.22 alleged outstanding balance + $25,000 anticipated attorneys' fees and costs). The notice and application for writ of attachment make clear that attachment is sought o...

Excerpt: ...quests for production of documents is DENIED. In this employment action, Plaintiff alleges claims of retaliation, gender discrimination, sexual harassment, race discrimination, and race harassment based upon the alleged misconduct of Kendall, who was Plaintiff's supervisor. On October 30, 2018, Plaintiff served identical Form Interrogatories (Employment) on both Defendants and identical Requests for Production of Documents. (Perez Decl. ¶ 3, Exh...

Excerpt: ...t of judicial notice on demurrer].) The court, however, does not accept the truth of any facts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel., 152 Cal.App.4th at 1117‐18.) see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265 (“[A] court may take judicial notice of the fact of a document's recordation, the date the document was recorded and exec...

Excerpt: ... Department 53 by the time of the hearing. The Proof of Service indicates some, but not all, of the crossdefendants were served with this motion. Assuming service is shown to be proper, the Court rules as follows. If service is not shown to have been properly effected on all of the cross‐defendants, this matter will be dropped. In this construction defect action, Sierra cross‐complained against WWF and other cross‐defendants for indemnity, ...

Excerpt: ...34‐2015‐00182515), Gentry v. Eugene Burger Management Corporation (34‐2016‐ 0011194015), and Gentry v. Eugene Burger Management Corporation (34‐2016‐ 00192291). Bigby v. Eugene Burger Management Corporation (34‐2015‐00182515) is the lead case. Bigby v. Eugene Burger Management Corporation (34‐2015‐00182515) is an action brought under the California Private Attorney General Act ("PAGA Action"). Gentry v. Eugene Burger M...

Excerpt: ...laintiffs sued Centex Homes, the developer of the properties, and seek the cost to effectuate any necessary repairs. Centex filed a cross‐complaint for indemnification against the various subcontractors, including Adland, which provides and installs decorative fireplace mantels. One of the insurance carries for Adland, St. Paul Mercury Insurance Company, has negotiated a settlement on behalf of Adland with Plaintiffs. In exchange for a waiver o...

Excerpt: ...wsuit in March 2017. Throughout the litigation, Shacklefoot's sole cause of action has been one for motor vehicle negligence. Among the defendants are One Call Medical, Inc. (NJ) dba One Call Care Management, and Zonecare USA of Delray, LLC (FL) dba One Call Care Transport + Translate (collectively “One Call”) (sued as One Call Care Management, One Call Medical, Inc. and Coral Acquisitions, Inc.). Shacklefoot alleges that “One Call provides...

Excerpt: ...ants' request for judicial notice is granted. (See Poseidon Devel., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.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].) The court, however, does not accept the truth of any facts within the judicially noticed documents except to the extent such facts are b...

Excerpt: ...t is permitted on law and motion matters. *** Defendant California Department of Corrections and Rehabilitation's (“CDCR”) demurrer to plaintiff in pro per's Second Amended Complaint (“2AC”) is SUSTAINED with leave to amend, as follows. Plaintiff in pro per failed to comply with CRC Rule 2.111(3). Factual Background This action arises from plaintiff's employment with CDCR, where he had worked for over 23 years before retiring on 3/1/20018...

Excerpt: ...#39;s ("Defendants") Motion to Strike (antiSLAPP) the 1st amended complaint of George Joseph Grosso is granted. Moving parties' Request for Judicial Notice is denied as to the court transcripts. However the Court notes that the transcripts from the underlying judicial proceeding involving Inmate X are also authenticated by the Declaration of Santiago and are therefore admissible evidence. The remainder of the Request for Judicial Noti...

Excerpt: ...nd Matthew Novak's demurrer to Plaintiffs Clicksmart, LLC and Advermail, LLC's first amended complaint (“FAC”) is overruled. The parties' requests for judicial notice are granted. In this action, Plaintiffs are suing Defendants for wrongful acts including stealing and misusing Plaintiffs' assets and property, breaching their fiduciary duties as Plaintiffs' officers and members, and secretly forming DCM to directly compete with Plaintiffs. In ...

Excerpt: ...lliot & Sons (collectively “Plaintiffs”). They allege that they are farmers whose crops were damaged after an herbicide was used on an adjacent property. Plaintiffs allege that Defendants and others recommended and sold the herbicide, and that Defendants and others supervised the herbicide's application. The FAC contains causes of action against Defendants for negligence, trespass, nuisance, strict liability for ultrahazardous activities and ...

Excerpt: ...partment. Defendant Laura Watters, M.D., and Capital OB/GYN, Inc.'s Motion for Summary Judgment/Summary Adjudication is continued pursuant to CCP 437c(h) until April 29, 2019, as requested by plaintiff. The trial date of May 6, 2019 is hereby vacated. The discovery cut‐off is not extended absent motion or stipulation of the parties. This case is referred to Trial Setting Process for selection of Trial and Mandatory Settlement Conference dat...

Excerpt: ...e/Evidentiary Sanctions, and Monetary Sanctions is ruled on as follows: Plaintiff's Request for Judicial Notice is granted. This is an elder abuse action in which plaintiffs allege that defendant's under‐staffing resulted in an incident during a sheet changing event in which Mrs. McDonald's hip became dislodged, requiring a second surgery. The trial date is April 22, 2019. Plaintiffs seek terminating, or alternatively issue/evidence...

Excerpt: ...39;s Complaint is unopposed and is granted insofar as the Court will order the portions sealed as reflected in the document attached as Exhibit 2 to the motion. By this motion, the City seeks to seal either the entire attachment titled "Exhibit A'", pursuant to California Rules of Court 2.550 and 2.551, or to seal only that portion of the document that discloses private information of individuals who are not parties to the litigation....

Excerpt: ...or Preliminary Injunction is unopposed and is granted on the same terms and conditions as the TRO. This matter was set by ex parte appointment on March 15, 2019 when the Court issued the OSC/TRO. Both defendants were personally served with the OSC, TRO and all supporting documents, as well as the summons and complaint, on March 15 (Ms. Oliver) and March 19, 2019 (Mr. Winston). No opposition has been filed. Golden One asserts a conversion claim ag...

Excerpt: ... of concrete while walking her dog on the sidewalk in front of 1208 47th Street in Sacramento. The City moves for summary judgment on the basis that the height differential was not a dangerous condition. It also argues that it neither created the condition nor had notice of the condition. In order to establish a public entity's liability for a dangerous condition of public property, a plaintiff must show that (1) a dangerous condition existed on ...

Excerpt: ... system, as required by Local Rule 1.06. Moving counsel is directed to contact 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. Opposing counsel failed to comply with CRC Rule 2.111(3) and Rule 3.1110(b)(3)‐(4)...

Excerpt: ...causes of action for NIED and wrongful death on her own behalf. The action arises out of the care the Decedent received at Sacramento Post‐Acute. Defendants move to compel the action to arbitration on basis that Anna SandovalRyan, the Decedent's sister, signed arbitration agreements for arbitration of medical malpractice disputes and arbitration of disputes other than medical malpractice after the Decedent was admitted to Sacramento Post‐Acut...

Excerpt: ...stem, as required by Local Rule 1.06. Moving counsel is directed to contact 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 Plaintiff filed suit in New York against defendants Suneet Singal an...

Excerpt: ...2, 2011 through April 10, 2014, Plaintiff served as a store manager in Pleasant Hill, California. Plaintiff also worked at approximately 10 to 12 other stores in the Sacramento area during her employment with Defendant. Plaintiff's Complaint asserts eleven causes of action: (1) violation of California Labor Code §§ 510 and 1198 (unpaid overtime); (2) violation of California Labor Code §§ 226.7 and 512(a) (unpaid meal period violations); (3) v...

Excerpt: ... stores on July 7, 2017. Plaintiff filed her Complaint on September 14, 2017, alleging two causes of action for negligence and premises liability. In the Complaint, it is alleged, in pertinent part "Plaintiff is informed and believes and thereon alleges that at all times herein mentioned, defendant, 99 CENTS ONLY STORES LLC and DOE defendants 1 through 100, inclusive, owned, maintained, controlled, possessed, repaired, inspected, operated, de...

Excerpt: ...led this action on 8/17/2018. Defendant answered the complaint on 11/8/2018. (ROA 27.) Plaintiffs moved for a trial preference under CCP §36(b). The Presiding Judge granted the motion and trial is currently scheduled for July 2, 2019. According to Defendant, its counsel from Lewis Brisbois Bisgaard & Smith LLP ("Lewis Brisbois") filed an answer to the complaint. On 1/9/2019, Collins Collins Muir + Stewart ("CCM+S") associated in ...

Excerpt: ... with the Court indicating new counsel has been retained. Accordingly, Plaintiff is proceeding in pro per at this time. On December 3, 2018, this Court granted Defendant's motion to compel Plaintiff's response to Defendant's special interrogatories. Plaintiff was ordered to provide verified responses, without objections, no later than December 13, 2018. Plaintiff has failed to comply with this Court order and Defendant now moves for evidence and/...

Excerpt: ...n the amount of $48,893.25 and request a lodestar enhancement of 0.5 in the amount of $24,491.63, for a total of $73,384.88 in attorney's fees. Plaintiff also seeks costs and expenses in the amount of $5,989.82. Altogether, the total amount of attorney's fees, costs, and expenses being sought is $79,464.70. This is a lemon law action. Plaintiff purchased a new 2011 Hyundai Sonata on October 4, 2010, for a purchase price of $22,381. Adding taxes, ...

Excerpt: ... versus pedestrian accident. Plaintiff was riding his skateboard when he was hit by Defendant's automobile. As of the date the motion was filed on February 28, 2019, Plaintiff had not served Defendant with the Complaint. (Bell Decl. ¶¶ 2‐6) Accordingly, by this motion, Defendant moves to dismiss the complaint on the grounds that Plaintiff failed to serve his complaint within three years of the date the complaint was filed pursuant to Code of ...

Excerpt: ...d with this motion indicates the "Answer‐ Contract" was served on plaintiff and this proof of service is undated. However, as Plaintiff has submitted an opposition on the merits and has not raised an objection based on defective service, the Court finds any objection based on defective service has been waived. (Reedy v. Bussell (2007) 148 Cal.App.4th 1272.) This is a debt collection case involving a loan in the amount of $3,092.16. Plai...