Excerpt: ...served and filed separately . . . .Objections to specific evidence must be referenced by the objection number in the right column of a separate statement in opposition or reply to a motion . . . .”] Moreover, in Defendant's opposition brief [incorrectly labeled as “Plaintiff's Memorandum of Points and Authorities in Opposition of Motion for Summary Judgment”], Defendant objects to the “Declaration of Plaintiff's Qualified Witness” and a...

Excerpt: ...es of action for: (1) failure to pay overtime wages, (2) wage statement violations, (3) waiting time penalties, (4) unfair competition, (5) failure to reimburse expenses, (6) failure to pay accrued vacation, (7) meal period violations, (8) rest period violations, (9) Private Attorney Generals Act, (10) failure to pay minimum wages, and (11) violation of Labor Code § 204. Defendants have denied the allegations and any liability, but the parties w...

Excerpt: ...ndant now seeks attorney fees in the amount of $6,007.50 and $607.05 in costs as the prevailing party. Defendant relies upon a contractual attorney's fees provision in the underlying loan. Plaintiff opposes the motion on the basis that fees are not available because it filed a voluntary dismissal of the entire action on January 27, 2022 and alternatively challenges the amount of the requested fees. The Court notes that the dismissal was not enter...

Excerpt: ... heard on August 18, 2021. The motion was continued and Plaintiff sought an ex parte application for an OST to file a motion to lift the discovery stay imposed by CCP § 425.16(g) in order to conduct discovery regarding the alleged defamatory statements. Plaintiff then dismissed the action before any of the motions could be heard. On September 23, 2021, the date the anti‐SLAPP motion was to be heard, the Court indicated that while it no longer ...

Excerpt: ...rgo Bank (1990) 220 Cal. App.3d 1117, 1138.) Newberg on Class Actions (4th Ed.), the authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers by the ...

Excerpt: ...ollowing causes of action: (1) race discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) failure to prevent discrimination and retaliation in violation of FEHA; (3) whistleblower retaliation in violation of Labor Code section 1102.5; (4) wrongful termination in violation of public policy; and (5) intentional infliction of emotional distress. Defendant issued three subpoenas to Plaintiff's former employers, Comcast ...

Excerpt: ...document request 1 through 11 to the notice of deposition for Scott Morris. Plaintiffs/Cross‐ Defendants also request sanctions in the amount of $3,060. The motion is ruled on as follows. The documents requested relate to Kronick's finances before and during their representation of Bank. Bank alleges the documents are highly relevant and show (1) Kronick took on the underlying case and excessively litigated it to generate fees needed to keep th...

Excerpt: ...y adjudication if all the papers submitted show that there is no triable issues as to any material fact and that the moving party is entitled to judgment as a matter of law. (Code Civ. Proc. § 437c(c); Mann v. Cracchiolo (1985) 38 Cal.3d 18, 35.) Section 437c(c) imposes an affirmative duty on a court to grant a summary judgment motion in an appropriate case. (Preach v. Moister Rainbow (1993) 12 Cal.App.4th 1441, 1450.) The Court must decide if a...

Excerpt: ... to evidence 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 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 him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to reque...

Excerpt: ...ion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Moving counsel is ordered to notify other parties immediately of the tentative ruling system and to be available at the hearing, via Zoom audio or video, in the event any party appears without following the procedures set forth in Local Rule 1.06(B). Plaintiffs filed their complaint on August 1, 2017, against several defendants, including Settlin...

Excerpt: ...rer that will be addressed at the hearing. The parties are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** The notice of demurrer 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 him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner ...

Excerpt: ...their existence, not the truth of their contents. (See Professional Engineers v. Dept. of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Dept. of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Plaintiff Mountain F Enterprises, Inc., filed this action on March 4, 2020, for declaratory relief, predicated on a fire that occurred when Defendant Chriso's Tree Trimming was felling a dead cedar tree a few miles from the south entrance to Yosemit...

Excerpt: ...he Labor Code. Specifically, Plaintiff alleges Defendant required her to arrive before her shift began to wait for deliveries, open the restaurant if the employee scheduled to open did not show up for work, and/or be prepared to open in the event that the employee scheduled to work did not appear. Plaintiff also alleges Defendant further prohibited Plaintiff and the PAGA Settlement Employees to leave the restaurant during their breaks and therefo...

Excerpt: ...d the first loan with a second loan from Defendants, again secured by the same two properties, and executed a note for $1.23 million. After defaulting on the note, Plaintiff entered into a settlement agreement with Defendants on or about August 27, 2018 In that agreement, Plaintiff granted general releases and waived Civil Code section 1542, releasing all known and unknown claims against Defendants. Moving parties here signed the settlement agree...

Excerpt: ...ilitation of the property located at 6600 Medallion Ct., Citrus Heights, California ("Subject Property") and granted the receiver certain powers and duties. (Register of Actions, “ROA” 24.) The City now seeks an order declaring that the City is the prevailing party in its Receivership Petition regarding the conditions of the Subject Property and to recover its costs, expenses, and fees incurred in the action in the amount of $22,475.71 and an...

Excerpt: ...l grant final approval of the class action settlement, subject to certain conditions, the Court must still hold a hearing on the motion as it may involve the receipt of evidence. 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 ora...

Excerpt: ...Street, Sacramento, California 95814. Factual and Procedural Background In March of 2013, Mutti entered into business with defendant Nachhattar Sing Chandi (“Chandi”) to acquire real estate and a gas station. (FAC ¶ 9.) Neither Mutti nor her husband were experienced in the business or acquisition of a gas station, but allege Chandi represented the money Mutti invested would go towards purchasing half the shares of the corporation (Orchard) t...

Excerpt: ...vidence. (See, CRC Rule 3.1352, 3.1354.) This action arises out of an auto accident that occurred on January 31, 2018, near the intersection of Greenback Lane and Madison Avenue. On the evening of the 31st, two vehicles struck the decedent, Deborah Garza, as she cross the street at Greenback Lane. Decedent was struck first by a Ford F‐150 pick‐up truck. Approximately 40 seconds thereafter, while Decedent was laying prone in the road, she was ...

Excerpt: ...Tom Langeland (“Langeland”) remove items from 1127 21st Street in Sacramento (“the Property”). (Complaint, ¶ 7.) Langeland and Defendant TEL Enterprises, Inc. (“TEL”) employed two servants (“Does 1 and 2”) and dropped them off at the Property along with Plaintiff and a truck. (Ibid.) Langeland provided a moving dolly and instructions to remove items from the second floor of the Property and place them in the back of a truck. (Ibi...

Excerpt: ...in 1993 as joint tenants; Plaintiff's father passed away in 2002 and Plaintiff became the sole owner of the property. (See UMF 1.) The property is located in Campus Commons Village, which is a common‐interest development with a homeowner's association (HOA). Pursuant to the HOA's Covenants, Conditions, and Restrictions (CC&Rs), residents must pay assessment to the HOA. If the assessments are not paid, the CC&R authorize a trustee designated by ...

Excerpt: ...on arises from Plaintiffs' former tenancy at Defendants' single family home at 8932 Hollowstone Way in Sacramento. Plaintiffs resided at the property starting on February 1, 2019, until they were formally evicted on February 2, 2021. (See Case No. 20UD106999.) In January of 2021, Judge R. Steven Lapham ruled on the merits after a two‐day trial and issued judgment for Defendants requiring Plaintiffs to relinquish possession of the property and p...

Excerpt: ...ian L. Porter Revocable Trust, defendant will be referred to as “Porter Trustee.” Porter and Porter Trustee will be referred to collectively herein as “Defendants.” Defendants' request for judicial notice is granted. Factual and Procedural Background The Instant Action This action arises out of a dispute between plaintiffs McMillan Storage, LLC (the “LLC”), an Idaho limited liability company, and Marvin Remmich, as Trustee of the 2004...

Excerpt: ... 813 6th Street, Sacramento, California 95814. Request for Judicial Notice Defendant's request for judicial notice of the Complaint in this action is granted. Defendant's request for judicial notice of Plaintiff's responses to Metro Surveillance Security's requests for admissions is also granted. The requests for admission of which Defendant requests the Court to take judicial notice are as follows: RFA No. 1: Admit that you were issued a Notice ...

Excerpt: ...osing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Defendants SPARC Group, LLC and Eddie Bauer, LLC's (collectively “Eddie Bauer”) petition to compel arbitration and stay the action is GRANTED as follows. Eddie Bauer's Request for Judicial Notice Eddie Bauer submitted a request...

Excerpt: ...orothy MacPhail surreptitiously took partnership profits for their own personal gain without benefit to the partnerships. In connection with the previous rulings, the Court ordered the parties to meet and confer to potentially stipulate to the appointment of a discovery referee. The Court has repeatedly encouraged the parties to discuss the issue of a discovery referee. It does appear from the opposition papers that the parties are engaged in eff...