Excerpt: ...f Costs filed on 10/12/2021 is ruled upon as follows. 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 request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to app...

Excerpt: ... and confer in person or by telephone to determine whether an agreement can be reached that would resolve the moving party's objections. (CCP § 435.5(a).) Written correspondence is not sufficient. The hearing is continued to March 2, 2022, for the parties to meet and confer in person or by telephone. No later than February 21, 2022, Defendant shall file and serve a declaration regarding the results of the meet and confer, and whether an agreemen...

Excerpt: ...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 to Post Security pursuant to CCP § 391.1 is granted. Defendants' request for judicial notice is granted. As seen from the request, P...

Excerpt: ...rous Defendants including Defendant David Smith, M.D., resulted in the Decedent's death. By way of the instant motion, Plaintiff seeks an order quashing certain deposition subpoenas for the production of business records issued by Defendant David Smith. The subpoenas are directed to Plaintiff's former employers ‐‐ the U.S. Marshals Service and the U.S. Department of Agriculture. The subject subpoenas seek “[a]ny and all documents related to...

Excerpt: ...STEP”). Plaintiff alleges that STEP committed numerous Labor Code violations. On December 2, 2020, this Court granted STEP's petition to compel arbitration of Plaintiff's individual and class claims and to stay the action. Plaintiff now seeks leave to file a first amended complaint adding a single cause of action seeking penalties pursuant to the Private Attorneys General Act of 2004 (“PAGA”). Plaintiff has not, however, made any motion to ...

Excerpt: ...arty is unable to contact counsel for opposing 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). Defendant Theresa Westphal's (“Defendant”) motion to compel further responses to Special Interrogatories, Set One, and request for monetary sanctions is GRANTED as follows. Overview This...

Excerpt: ...sly rejected Pacific Pride's request to continue because it failed to follow the proper procedures to request a continuance. (ROA 67) Despite its claim that a continuance would promote judicial economy, Pacific Pride set the motion for this date, an opposition was filed premised on this date, and the Court has prepared the ruling on this motion for this date. This action arises out of an incident on February 8, 2019 in which Defendant Jose Luis R...

Excerpt: ...uance request was filed by that date. On January 31, 2022 ‐ one day before the issuance of the Court's tentative ruling and two days before the hearing on this motion ‐ Plaintiff's counsel filed a response requesting a continuance of the motions. Plaintiff's counsel avers that he failed to calendar the motion and has been recently ill. However, Plaintiff's counsel concedes that he received a call from Defendants' counsel asking about Plaintif...

Excerpt: ...f alleges that Chambers sexually harassed Plaintiff beginning in July 2017 and CDCR retaliated against Plaintiff when she complained of the sexual harassment. (Second Amended Complaint (“SAC”) ¶¶ 36‐42.) Plaintiff alleges that due to the retaliation, Plaintiff suffered a workplace injury on or about December 20, 2017. (SAC ¶ 43.) By this motion, Plaintiff moves to compel CDCR to produce the following documents: 1. Any and all documents, ...

Excerpt: ... 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. Plaintiff failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background According to Plaintiff, SME is a business which transports ve...

Excerpt: ...counsel of the causes of action 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. *** Overview This action was commenced on 12/2/2019. The 2AC filed on 9/13/2021 alleges that defendants CDSS and the California Office of Administrative Hearings (“OAH”) “revoked Plaintiffs' licenses and denied their applications,” with C...

Excerpt: ...o or video, in the event Defendant appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff's request for 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 [judicial notice of findings of fact does not mean that those findings of fact are true]...

Excerpt: ...nor Travelers Indemnity Company of Connecticut (“Travelers”) on behalf of Cross‐Defendant Zayas, Incorporated, a suspended California corporation, sued herein as Zayas, Inc. (“Zayas”) (collectively, “Contractor Defendant/Cross‐Defendants”) and Plaintiff The Regents of the University of California is UNOPPOSED and is GRANTED. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Ru...

Excerpt: ...f fiduciary duty. Plaintiffs have also asserted causes of action for conspiracy to commit trespass to chattels and trespass to chattels; conspiracy to violate Penal Code §502(c) and violation of same; and conspiracy to interfere with prospective business advantage and interference with prospective business advantage against both the aforementioned attorney defendants but also Porter Communications, Inc. (“PCI”) and Lori Porter (“Lori”), ...

Excerpt: ...ht homes. The names, addresses, and purchaser status of the proposed plaintiffs are identified in Exhibit 1 to the declaration of Haejung Kim. Plaintiffs allege the proposed plaintiffs are proper to join this action based on the common nexus of law and fact with Plaintiffs who also own homes originally construed by developer Lennar Homes of California, Inc. Plaintiffs argue that joinder will save the Court and all parties significant time, resour...

Excerpt: ... post‐judgment Memoranda of Costs filed on 10/12/2021 is ruled upon as follows. 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 request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, movi...

Excerpt: ...care's (collectively, “Plaintiffs”) request for judicial notice is unopposed and granted. On April 1, 2021, Plaintiffs filed a Verified Complaint against Defendant asserting four causes of action for breach of written contract, open book account, constructive trust, and unjust enrichment. Defendant was served by substituted service on June 2, 2021. (ROA 6.) On July 14, 2021, Plaintiffs filed a Request for Default that was entered the same day...

Excerpt: ...m. Plaintiff alleges claims of retaliation and discrimination arising out the termination of his employment. On June 29, 2021, Plaintiff served Defendants with the discovery requests that are the subject of this motion. Webber Decl. ¶ 2, Ex. 2‐9. In August 2021, plaintiff contends Defendants served incomplete, non code‐compliant responses to Plaintiffs discovery requests. Webber Decl. ¶ 3, Ex. 10‐17. On September 30, 2021, Defendants' cou...

Excerpt: ..." x 11" sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. This action arises from an injury plaintiff in pro per Norma Pedroza Chavez (“Plaintiff”) sustained during a fitness class at Orange Theory in Folsom, California on September 3, 2015. (UMF 1.) Plaintiff contends she twisted her ankle after tripping on a newly installed floor mat. Plaintiff filed her original Complaint on Sept...

Excerpt: ...adjudication is GRANTED as follows. Defendants failed to comply with CRC Rule 3.1110(f)(3) which requires that each paper exhibit must be separated by a hard 8 ½" x 11" sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. Plaintiffs Jeanne Brazzil and her husband, Tim Brazzil (collectively, “Plaintiffs”) filed their Complaint for personal injuries and damages on December 13, 2018. Spe...

Excerpt: ...ment Housing Foundation's ("corporate defendants" or "moving parties") Motion for Summary Judgment/Summary Adjudication is granted as to the facility defendants but denied as to the corporate defendants. Plaintiff's Evidentiary Objections The Court is not ruling on the written objections as they did not comply with either of the formats required by California Rules of Court, Rule 3.1354(b) in that plaintiff failed to number the evidentiary object...

Excerpt: ...lices against racial discrimination and harassment. Safeway alleges they conducted a thorough investigation into allegations of race discrimination against Plaintiff. Based on that investigation, Safeway terminated Bister's employment. On December 8, 2021, Plaintiff Victor Gonzalez ("Plaintiff') served a Person Most Knowledgeable ("PMK") deposition seeking, for the second time, testimony regarding "Safeway's policies against discrimination, haras...

Excerpt: ... “Plaintiff Dionysios Yuri Shallan's motion for final approval of class action and PAGA settlement is unopposed and GRANTED pending the final fairness hearing to be held on this date. (CCP § 382, CRC Rule 3.769.) This is a class and representative action alleging the defendant employer violated a number of wage‐and‐hour provisions. The settlement class is defined as ‘All of Defendant's current and former non‐exempt banquet employees wh...

Excerpt: ...stic tabs extending below the bottom of the page, bearing the exhibit designation. This action arises from two separate accidents in Sacramento County. The first accident took place on December 5, 2016. The second accident took place on July 25, 2018, involving Juan Munoz and Ansar Choudhry. Mr. Munoz and Mr. Choudry settled for $20,000. (Oppo., Exh. G.) The accident at issue by this motion is as follows. On December 5, 2016, defendant Oleshko wa...

Excerpt: ... Notice Regents' request for judicial notice of the FAC in this action and a court record from El Dorado County Superior Court (“Own Recognizance/Conditional Release on Bail Agreement/Pre Trial Program”) is granted. Plaintiffs Leigh Bacco‐Scribner (“BaccoScribner”) and Matt Scribner's (individually “Scribner,” or collectively “Plaintiffs”) request for judicial notice of the FAC in this action, Regents' Demurrer, and the Court's ...