Excerpt: ...endant's Supplemental Interrogatory (Set One) and Request for Production (Set One) by no later than October 14, 2021. (ROA 64; RJN Exh. A.) Trial is currently set for March 14, 2022. To date, Plaintiff has not complied with the Court's September 30, 2021, order. Further, Plaintiff's counsel's mail has been returned to Defendant and counsel has been unresponsive to email. (Vandersluys Decl. ¶ 5, Exhs. 1‐2.) Plaintiff's counsel has failed to upd...

Excerpt: ...ff filed the Class Action Complaint on February 26, 2021, alleging claims against Defendants for unfair competition, failure to pay minimum wages, failure to pay overtime wages, failure to provide meal and rest periods, failure to provide accurate itemized wage statements, failure to reimburse business expenses, failure to provide wages at termination, and violation of the Private Attorney General Act (“PAGA”). Plaintiff filed a First Amended...

Excerpt: ...Third Amended Complaint (“3AC”) defined the class as: “All California residents insured under a Stillwater dwelling policy who made claims for damage to real property resulting from a covered peril, and whose claims were open on or after December 6, 2016, as to which Stillwater paid at least $1 in policy benefits, and whose actual cash value indemnity payment for repairs to the structure was decreased as a result of depreciation of one or m...

Excerpt: ... filed this action on December 29, 2020. On March 16, 2021, Plaintiff filed a First Amended Complaint that alleges claims for (1) failure to pay all overtime wages, (2) meal period violations, (3) rest period violations, (4) waiting time penalties, (5) wage statement violations, (6) unfair competition, and (7) PAGA penalties. The Settlement Class is defined as “All current and former non‐exempt non‐union employees employed by Syblon Reid co...

Excerpt: ... is denied. Ms. Gedjeyan's declaration states there is no record of any claim filed with, or presented to, the Government Claims Program by Plaintiff for any date range. CDCR argues the Court may take judicial notice of this declaration because it is a record of an administrative agency and an “official act of the legislative, executive, or judicial departments” of the State of California. (Evid. Cod § 452(c). The Court does not perceive tha...

Excerpt: ...ts. Background The operative complaint in this case is the Third Amended Complaint ("TAC") filed by Plaintiffs Gloria Single (“Ms. Single”) and CLTCOA (collectively, "Plaintiffs"). Ms. Single, now deceased, was a resident of Pioneer House, and alleged that she was unlawfully discharged from the facility in violation of Health and Safety Code section 1430(b). The Court previously granted summary adjudication in favor of Ms. Single on her first...

Excerpt: ... now filed an Amended Separate Statement, and in response, Plaintiff has filed Amended Opposition documents. Plaintiff's Amended Complaint alleges seven causes of action for Breach of the Warranty of Habitability, Retaliatory Eviction, Negligence, Intentional Infliction of Emotional Distress, Negligent Infliction of Emotional Distress, Libel, and Slander arising from her plaintiff's residential tenancy. Plaintiff signed a written Rental Agreement...

Excerpt: ...rek (“Plaintiff”) alleges she suffered injuries from two separate falls on two separate occasions: the first, at an apartment complex owned and operated by Defendant Burnet‐Nemrow Sandpiper, LP (“Burnet”), and the second, two days later at a clinic owned and operated by Dignity, where Plaintiff was being assessed after her first fall. (See generally, First Am. Compl.) Plaintiff's pleading contains causes of action for negligence (agains...

Excerpt: ... 340.) On the Court's own motion, the hearing was continued to today. In this action, Plaintiffs allege that they are officers and directors of Sacramento A‐1 Doors and were engaged in the process of selling the company's assets. They allege that they relied on Defendants, their insurance brokers, to obtain ongoing Directors & Officers (“D&O”) insurance coverage after the sale of the company's assets. Plaintiffs allege that they believed th...

Excerpt: ...further responses to interrogatories must be accompanied by a declaration showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion. (Code Civ. Proc., § 2030.300(b).) This rule is designed to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order. (Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1435.) The level of effort at informal ...

Excerpt: ...impf alleges that she entered into a consensual relationship with her supervisor, Steven Medina (“Medina”). After Plaintiff ended the relationship, Medina began to sexually harass her. Plaintiff alleges that the harassment was so severe and pervasive that she sought a Civil Harassment Restraining Order in November 2019. In December 2019, Plaintiff notified Caltrans management, including Caltrans Manager Angelo Gross ("Gross"), and Bassi, Calt...

Excerpt: ..., 2021 WL 5911481 (U.S. Dec. 15, 2021) (“Viking River Cruises”). No trial date has been set in this action. Plaintiff Scott McKillop (“Plaintiff”) opposes. Request for Judicial Notice Plaintiff's Request for Judicial Notice, which attaches the “Question Presented” from the United States Supreme Court's docket, is granted. In taking judicial notice of these documents, the Court accepts the fact of their existence, not the truth of thei...

Excerpt: ...r 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.) Defendants move to strike the following: 1. The second cause of action in the SAC for violation of the Real Estate Settlement Procedures A...

Excerpt: ...espectively. In her motion Defendant cites to both CCP § 473.5(a) and CCP § 473(d). Defendant contends that she was never properly served with the complaint. Defendant declares that she did not reside at the 79 Aiken Way address at which the proof of service states that she was served by way of substitute service. (Hernandez Decl. ¶ 2.) The proof of service states that Defendant was served by way of substitute service on June 5, 2019 through s...

Excerpt: ...ff's termination. In June 2021, Defendant served Plaintiff the subject form and special interrogatories. (De Wit Decl. ¶ 3.) Plaintiff provided responses in August 2021. (De Wit Decl. ¶ 4.) Following an initial meet and confer, Plaintiff provided the supplemental responses that are at issue in this motion. (De Wit Decl. ¶ 6, Exs. G & H.) Defendant's further meet and confer attempts did not result in a resolution of the discovery dispute and th...

Excerpt: ... property. Plaintiff desired to build the residence for use as an investment property. Plaintiff contends that after construction was finished there were numerous defects in the residence which has prevented the sale of the property. At issue on the instant motion are Defendant's amended responses to Plaintiff's requests for production Nos. 2 and 3. Request No. 2 asked for production of all documents that supported Defendant's responses to Plaint...

Excerpt: ...Plaintiffs allege that Kiranjit Kaur holds a 68% interest in Payal Investments, LLC and Mirage 4 U, LLC ("Mirage") and that Defendant Harpreet Kaur owns the other 32%. Payal owns real property located in Sacramento and Mirage operates at banquet hall at the property and caters to a Sikh clientele for weddings, anniversaries, birthdays and other special events. Plaintiff Raja Singh is Kiranjit Kaur's husband and it is alleged that all contribution...

Excerpt: ... to file a reply. In this employment action Plaintiff alleges numerous FEHA causes of action arising out of her former employment with Defendant as an Instructional Assistant. She alleges causes of action for national origin/race discrimination, gender discrimination, disability discrimination, failure to engage in the interactive process, failure to provide reasonable accommodation, retaliation and failure to prevent discrimination and retaliati...

Excerpt: ...��Presson”) Cross‐Complaint pursuant to CCP § 425.16 is GRANTED AND DENIED IN PARTS as follows. Request for Judicial Notice Cross‐Defendants' request for judicial notice of the register of actions in Sacramento Superior Court Case No. 34‐2020‐ 00278230 is granted pursuant to Evidence Code § 452(d). Objections Cross‐Defendants' objections to Presson's evidence are SUSTAINED as to objection nos. 2, 4, 7, 11 and OVERRULED as to all oth...

Excerpt: ...dvise 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 by Zoom or by telephone. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This action was commenced by plaintiff ESM on 4/21/2016 with a complaint seeking recovery of roughly $...

Excerpt: ...sts that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). In this action plaintiff alleges she was groped by defendant while at a local restaurant. According to the moving papers, defendant pled no contest to a charge of lewd conduct but now refuses ...

Excerpt: ...nd the opposing party of the specific discovery requests that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** This consolidated action arises out of a multiple motor vehicle accident which occurred in September 2019. Farmers' complaint alleges that defendants negligently caused this accident and as a result, Farmers became obligate...

Excerpt: ...st for Production of Documents Nos. 1, 3, 9, 17, 34‐75, 83, and 84 is ruled on as follows. Moving counsel's notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise 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 opposing counse...

Excerpt: ...sComplaint, and Defendant Donna Pohlman's (Cross‐Complainant Pohlman”) CrossComplaint. The motion is UNOPPOSED and GRANTED. Legal Standard In evaluating a motion for summary judgment or summary adjudication the court engages in a three step process. The Court first identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment or summary adjudication. (FPI Dev. Inc. v. Nakashima (1...

Excerpt: ... of the “Court's November 29, 2021 Ruling on the Ex Parte Application for Approval of the Receivership Plan and Increase in Receiver's Certificate” is denied. Defendant seeks reconsideration of the Court's November 29, 2021 Ex Parte order that approved the Court‐appointed Receiver Richardson Griswold's request for approval of the receivership plan and request for increase in Receiver's certificate from the previously approved $50,000 amount...