Excerpt: ...nership effective as of that date. (Khella Decl., ¶ 7 and Ex. A.) Defendant contends that in doing so, Plaintiff withdrew from the partnership and became a disassociated partner. Defendant now has exclusive control over Prit Market's operations and continues to operate the business. Plaintiff and Defendant have filed a complaint and cross‐complaint, respectively, alleging a breach of fiduciary duty, breach of partnership agreement and accounti...

Excerpt: ...cal 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 by Zoom or by telephone. Factual Background This is a putative class action against TSE, described as a “courier company performing pac...

Excerpt: ...t defendant Farid “was operating a black 2020 Volkswagen Jetta owned by Defendant [EAN]” and “was travelling northbound on San Juan Avenue in the City of Citrus Heights…when he caused a motor vehicle collision against [sic] Plaintiff Patty McCoy.” The complaint purports to assert two causes of action for general negligence and for motor vehicle negligence, both of which are asserted against both defendants Farid and EAN. Demurrer. EAN n...

Excerpt: ... 17, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above. Appearance is required. On December 20, 2021, plaintiff filed a "Request for Extension of Time" seeking to continue the oral argument from this date to February 6, 2022 due to a continued Covid outbreak in his unit and his inability to ...

Excerpt: ...as a Battalion Chief at its Santa Clara Unit (“SCU”). (FAC, ¶¶ 7‐8.) Plaintiff's position held responsibility for state and local government contracts. (FAC, ¶ 10.) Plaintiff contends he was told to obtain bids solely from Ron Paris Construction. (FAC, ¶ 14.) Plaintiff contends that he disclosed a personal conflict with that company and was told it did not create a conflict of interest because of a preexisting relationship between Ron P...

Excerpt: ... counsel of the specific causes of action 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. *** Factual Background This legal malpractice action was commenced by plaintiffs in pro per in Nevada County Superior Court on 1/24/2013, with the 1AC being filed several months later on 7/11/2013. According to the 1AC, plaintiffs retained defend...

Excerpt: ...f the motion herein, the Court must still hold a hearing on the motion as it may involve the receipt of evidence or an appearance by a Class Member. Although the Court anticipates that no party will request oral argument, and while no class member indicated any intent to appear at the hearing, this does not relieve the parties from appearing at the hearing or otherwise render the instant ruling final in the event oral argument is not requested. T...

Excerpt: ... (“SAXC”) is ruled upon as follows. This motion was continued from January 12, 2022, to today's date, to be heard concurrently with CEE's motion for leave to file a Third Amended Cross‐Complaint. Cross‐Defendants' request for judicial notice of certified records from the California Contractors State License Board (“CSLB”) for CEE and California Gas Gathering Inc. and CEE's Proof of Claim filed in the United States Bankruptcy Court, Ea...

Excerpt: ...mination, retaliation, and failure to prevent action against defendant California Highway Patrol (“CHP”). Plaintiff filed her Complaint on March 5, 2021. Plaintiff alleges Sergeant John Wilson (“Sgt. Wilson”) began harassing and discriminating against her based on her gender in May of 2018. Plaintiff alleges Sgt. Wilson berated her, criticized her appearance, stripped her of substantive work and gave it to male officers, rejected her requ...

Excerpt: ... (The Court notes that it was required to take the background information pertaining to this dispute from Ford's Complaint, since Boyd fails to provide any sort of underlying facts or context for the claims in his own CrossComplaint.) As part of the agreement, Ford Credit agreed to finance the lease of the vehicle, and the contract was concurrently assigned to Ford Credit. According to the Complaint in this action filed by Ford, Boyd failed to ma...

Excerpt: ...d Nationstar's respective requests for judicial notice are 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 [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 t...

Excerpt: ... extending below the bottom of the page, bearing the exhibit designation. Plaintiff filed this action on July 31, 2021, against defendants Fiona Ma, Treasurer of the State of California (“Ma”), and STO (collectively, “Defendants”). Plaintiff alleges claims for sexual harassment, race discrimination, disability discrimination, wrongful termination in violation of public policy, and intentional infliction of emotional distress. On October 6...

Excerpt: ...ovember 16, 2021, and it was scheduled for hearing on January 6, 2022. Plaintiff Joshua Paul (“Plaintiff”) filed an opposition on December 22, 2021. On December 30, 2021, Defendant filed correspondence continuing the hearing to today's date (February 16, 2022). Thereafter, on January 13, 2022, Defendant filed an Amended Notice of Motion, as well as a new Memorandum of Points and Authorities in Support. The Court did not consider the new Memor...

Excerpt: ...ondos, John Sargetis, and United Law Center (collectively “Defendants”). Defendants filed three identical oppositions and objections to the motions. The court incorporates by reference its ruling denying Plaintiff's Motion as to each defendant and denies this defendant's motion for the same reasons. Item 2 2018‐00233339‐CU‐NP Pamela J. Palmieri vs. Stephen Foondos Nature of Proceeding: Filed By: Motion to Compel Responses to Production ...

Excerpt: ...��PCI”) to act as the advertising agency of record for Plaintiffs and to purchase media on their behalf. Defendant Lori Porter (“Lori”) is the President of PCI, a shareholder and co‐ owner of PCI, and is married to Defendant William Porter (“William”). William is a shareholder and co‐owner of PCI. William is also an attorney and President and principal shareholder of Defendant Porter Law Group, Inc. (“PLG”). Plaintiffs allege th...

Excerpt: ... allege that the operations at ARA and AHC's facility, located at 875 Alfalfa Plant Road (hereinafter the "Facility"), which operates as a pet food manufacturer, have created public and private nuisances, health and safety risks, and environmental degradation. All Plaintiffs live within a radius of 3,500 feet to four miles from Defendants' Facility. Plaintiffs' operative complaint makes several allegations with regard to emotional distress suffer...

Excerpt: ... 998 Offers to Compromise "offering to resolve this matter . . . in exchange for a dismissal with prejudice of this action the amount of Two Thousand Dollars and Zero Cents ($2,000.00), plus costs and reasonable attorneys' fees as determined by the Court." (Webber Decl. ¶ 9, Exh. 2 (emphasis in original).) Defendants timely accepted their respective 998 Offers on December 4, 2021. (Webber Decl. ¶¶ 10, Exhs. 3‐4.) Plaintiff now seek $134,120....

Excerpt: ... this action, Plaintiff is suing his prior court‐appointed counsel, Michael Aye (“Aye”), for his failure to return Plaintiff's criminal case file in federal case number 2:12‐CR‐00073‐TLN‐CKD1 in the Eastern District of California. Plaintiff has attempted to obtain his files directly from Aye, the State Bar of California, and through subpoenas in the Eastern District of California. Plaintiff alleges that the failure to obtain his fil...

Excerpt: ...") filed in this action on or about August 3, 2021 ("SAC") is overruled. Defendants demur to the SAC on grounds of claim preclusion; i.e., that the PAGA claims at issue in this case have already been adjudicated as part of a class action settlement in a Los Angeles action. (P&As at 7.) Defendants argue that the Judgment in another action resolved the State of California's PAGA penalty claims through the date of the Judgment, and bars Smigelski fr...

Excerpt: ...l disabilities. Each received PPP loans due to the COVID‐19 pandemic. Some of the Plaintiffs have received PPP loan forgiveness, while others are awaiting determination for their application for loan forgiveness. Plaintiffs allege that during the COVID‐19 State of Emergency, “DDS was (and is) required by law to authorize payment for absences that resulted from the closure of programs and inability or unwillingness of consumers to attend in�...

Excerpt: ...ff Allen Hammler within 48 hours. The litigation coordinator is directed to have Plaintiff Alan Hammler available at oral argument on February 10, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter 841 204 6267#. Appearance is required. Defendants Ralph Diaz, et al.'s motion for an order requiring Plaintiff Allen Hammler...

Excerpt: ...ecedent”) for prostate cancer by several physicians at Kaiser. Plaintiff alleges that the physicians did not adequately inform the Decedent regarding the effects of certain medications including Lupron, Effexor, radioactive gold seeds and radiotherapy. As an initial matter, this case was set in Department 54. Judge Krueger recused himself on January 27, 2021, pursuant to CCP § 170.1(a)(3)(A) and (a)(3)(b)(ii) due to a testamentary event. Prior...

Excerpt: ...idence objected to was not material to the Court's tentative ruling. Background The present lawsuit is brought by Plaintiff Farrell York (“York”) against Defendants. Plaintiff is represented by Attorney Lewis. As relevant to this motion, Attorney Lewis represents another plaintiff, Rebecca Lane (“Lane”) in a separate action against City ‐ Sacramento Superior Court Case No. 34‐2018‐00235362. Prior to filing this lawsuit York filed a ...

Excerpt: ...n action regarding changing the methods by which City Council members are elected within timeframes set forth in the Elections Code. Defendant's demurrer to Plaintiffs' complaint was sustained with leave to amend on March 17, 2021 on the basis that Plaintiffs had not exhausted the administrative remedy provided under Elections Code § 10010 which is a prerequisite to commence their CVRA action and requires a plaintiff to wait 45 days to file an a...

Excerpt: ...A)(i) on January 21, 2022. This action arises out of a dispute between Defendant and Plaintiff Quest Media & Supplies, Inc. related to an IT Infrastructure Managed Services Enterprise Services Agreement (“Agreement”) which permitted Defendant to terminate it at its convenience, otherwise it was to expire on December 31, 2016. Specifically Plaintiff alleges that pursuant to the Agreement, it purchased certain computer/IT equipment which it cla...