Excerpt: ...tiff alleges causes of action for Dependent Adult Abuse, Negligence Per Se, Unfair Business Practices, Fraud, and Constructive Fraud. Plaintiff alleges that he was neglected while at Defendants' Adult Residential Facility. Plaintiff alleges that he is a 38 year old developmentally and physically disabled adult. (Comp. ¶ 2.) He alleges that he suffers from Cornelia de Lange Syndrome, a genetic disorder which causes a broad range of challenges. He...

Excerpt: ...liation. On June 24, 2020, Plaintiff filed a Request for Dismissal of her second cause of action. Notice of Entry of Dismissal was filed on July 16, 2020. (ROAs 19, 20.) The City now moves for summary judgment on Plaintiff's sole remaining cause of action for FEHA age discrimination on the ground that the City had a legitimate, nondiscriminatory reason for the termination of Plaintiff's employment ‐ that she was not performing to the satisfacti...

Excerpt: ...of the State of California, County of Sacramento (the "Spears Action"). Plaintiff Spears asserted the following claims against Defendant: (1) unfair competition in violation of Cal. Bus & Prof. Code §§ 17200, et seq.; (2) failure to pay overtime wages in violation of Cal. Labor Code § 510; (3) failure to provide accurate itemized wage statements in violation of California Labor Code § 226; and, (4) failure to provide wages at termination in v...

Excerpt: ...occurred in the Spring of 2020 when plaintiff Leslie White (“Leslie”) was suspected to have suffered a heart attack. Generally, Plaintiffs contend Dignity failed to promptly diagnose and treat Leslie and failed to provide Laurie, his wife, with meaningful updates about his condition and treatment. The claim they were forced to wait for hours before any treatment or information was provided. Plaintiffs filed their First Amended Complaint (“1...

Excerpt: ... the Kriplanis leased a commercial building to Cross‐Complainant pursuant to a written lease agreement (the "Lease"). On June 9, 2021, the Kriplanis filed a Complaint in which they alleged that CrossComplainant breached the Lease by failing to pay rent, and also breached the implied covenant of good faith and fair dealing by collecting a commission while acting as his own broker, despite his failure to pay rent under the terms of the Lease. On ...

Excerpt: ... premises. (See generally, Compl.) Defendant's instant motion seeks summary judgment of both causes of action in the Complaint. The Complaint alleges that “[w]hile Plaintiff was walking from the interior of the hotel to the exterior parking lot where her vehicle was parked, Plaintiff encountered the subject curb that had gouges and depressions that were painted over in yellow, thus camouflaging the defect in the curb. Plaintiff did not realize ...

Excerpt: ... The Cross‐Complaint contains two causes of action. The motion was directed only at the second cause of action and was granted in full. On December 7, 2021, CrossComplainant filed a notice of appeal of the Court's anti‐SLAPP ruling. (ROA 26.) Cross ‐Defendants now seek $4,280 in attorney's fees and $120 in costs for bringing the antiSLAPP motion and the instant motion, a total of $4,400. Cross‐Complainant Sourdough & Co., Inc. f/k/a SFSE ...

Excerpt: ...). The demurrer is OVERRULED IN PART and SUSTAINED IN PART as follows. JUDICIAL NOTICE Defendants' Request for Judicial Notice is ruled on as follow: 1) Proclamation of State of Emergency issued on November 8, 2018, and Executive Order B‐57‐18: GRANTED (Evid. Code, § 452(c)), but the Court's notice is limited to the existence of the documents, not the truth of the matters stated therein or that might be deduced therefrom. 2) CalRecycle's Inv...

Excerpt: ...so 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 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...

Excerpt: ...ims for (1) rest period violations; (2) meal period violations; (3) failing to pay all earned wages; (4) wage statement violations; and (5) failing to reimburse business‐related expenses. Plaintiff also brings claims pursuant to the Private Attorneys General Act ("PAGA"). In approving a class action settlement, the Court is to determine whether the settlement is fair, reasonable and adequate, in light of all of the circumstances. (Dunk v. Ford ...

Excerpt: ...an earlier conditional review by the court; and (2) a later detailed review after the period during which notice is distributed to class members for their comments or objections. (Conte & Newberg, Newberg on Class Actions (Newberg) § 11.24 (4th Ed. 2002).) This procedure, which is commonly utilized by both federal and state courts, assures class members of the protection of procedural due process safeguards and enables a court to fulfill its rol...

Excerpt: ...nt to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Cross‐Defendant RMA Group's (“RMA”) motion for summary judgment against Defendant and Cross‐ Complainant Flatiron West, Inc.'s (“FWI”) cross‐complaint is ruled upon as follows. I. Overview This is a personal injury action arising from a construction‐site accident involving Plaintiff, Dean Robbins (“Plaintiff...

Excerpt: ...endant Hill Physicians Medical Group's Opposition to Plaintiff's Motion for Preferential Trial Setting; Declarations of Eduard Uchio, M.D. and Elise D. Klein (ROA 53); (2) the “Declaration of Elise Klein in Opposition to Plaintiff's Motion for Preferential Trial Setting” (ROA 54); (3) the “Declaration of Edward Uchio, M.D. in Support of Defendant's Opposition to Plaintiff's Motion for Preferential Trial Setting” (ROA 55); (4) the “Oppos...

Excerpt: ...intiff named the LLC and the various members, of which Defendant is one. According to Defendant, Plaintiff resigned as manager of the LLC on April 15, 2021. Since that time, the manager position has been vacant and the parties have not been able to agree on a manager. Defendant now seeks an order appointing him as manager so that the LLC can effectively wind up the business. Defendant also indicates that a manager is needed so that the LLC can ti...

Excerpt: ...ndisputed Material Facts, which of plaintiff's own 323 Additional Material Facts, and/or which of the parties' objections to evidence 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. *** Defendant's counsel failed to comply with CRC Rule 3.1350(b), requiring that issues presented for summary adjud...

Excerpt: ... quadriplegic resident of Defendants' care facility, Dean Higgs, and alleged emotional distress injuries to his friend, Aguilar. This action was initiated on 11/10/15 (Register of Actions (“ROA”) 1) and was granted preference on 3/15/16 (ROA 28). The case proceeded to trial before this Court (Judge Richard K. Sueyoshi) in March of 2020. The trial is currently in recess. This case remains in between the completed bench trial phase and the rema...

Excerpt: ... he voluntarily left to take a different position. (FAC ¶ 5.) He alleges that after he left public employment, he suffered adverse employment action due to “errors and omissions” by Defendant. Specifically, he alleges that Defendant's official records listed Plaintiff as “terminated.” (Id. ¶ 7.) Plaintiff alleges that he learned about the notation in his record in October 2017. He alleges he requested that Defendant correct his records ...

Excerpt: ...mbert Davis' first amended complaint (“FAC”) pursuant to CCP § 425.16. (ROA 60) The FAC alleged causes of action for defamation, invasion of privacy, interference with prospective business and violations of the Unruh Civil Rights Act (Civil Code § 51). The Court concluded that the entire FAC was premised on protected conduct, specifically Defendants' conduct in warning visiting teams that Plaintiff might be getting free tickets from visitin...

Excerpt: ...on was commenced when Plaintiff Anne Marie Schubert and numerous other District Attorneys (“DA Plaintiffs”) filed a verified complaint for declaratory and injunctive relief. They alleged the CDCR failed to comply with the Administrative Procedure Act (APA) (Gov. Code, §11340 et seq.) when it enacted regulations on an emergency basis which increased the rate at which certain prisoners earned good conduct credit (“Regulations”). The DA Pla...

Excerpt: ...at pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background In March 2019 plaintiff commenced this action for breach of contract and breach of guaranty against defendants Abdul Esmail and Archcon Development & Construction Group, Inc. (“ADC”), both of whom thereafter jointly filed a cross‐complaint against plaintiff an...

Excerpt: ...dvise counsel of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact Plaintiff's counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Background On December 7, 2021, Plaintiff filed a Complaint against Defendant using the Judicial Council Form Complaint. (ROA 1.) Plaintiff's Complaint alleges that Defendant lost two...

Excerpt: ...ounds he is currently under investigation by the Roseville Police Department for the alleged sexual assault and will be unable to defend himself in this action while the investigation is pending because he is asserting the Fifth Amendment Privilege against self‐incrimination. On January 13, 2021, Defendant received three telephone calls from someone claiming to be a former patient. (Plesser Decl., Exh. C to Scharg Decl., ¶ 4.) On January 18, 2...

Excerpt: ...torney General Act of 2004, Labor Code § 2699, et seq. (“PAGA”). Plaintiff seeks to recover penalties on behalf of the following categories of aggrieved employees: (1) non‐exempt, hourly employees who were not paid final wages within 72 hours following their termination, (2) employees who were subject to salary deductions for alleged overpayments in July 28, 2020, (3) hourly, non‐exempt employees who were not provided copies of their per...

Excerpt: ...ovide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Moving counsel is ordered to notify the responding party immediately of the tentative ruling system and the manner to request a hearing. If moving counsel is unable to contact the responding party prior to hearing, moving counsel is ordered to appear at the hearing. Plaintiff Staci Goodson (“Plaintiff”) filed the Complaint on August 6, 2021. Defendant is a ...

Excerpt: ...ainst Defendants on July 6, 2021. (ROA 20.) According to the FAC, Plaintiff is a former employee of Defendant California State Lottery Commission (“Commission”) who was forced to retire on December 29, 2018 due to her supervisor, Defendant Ernesto Medina, taking inappropriate and sexually motivated photos of her. (FAC, 9.) Plaintiff alleges that Medina took photos of Plaintiff numerous times and sent them to two colleagues via text message. (...