Excerpt: ... January 27, 2022. On December 16, 2021, the Court issued the following tentative ruling after requiring the parties' appearance: “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...

Excerpt: ... to suspect Ms. Aspen of being in the course and scope of employment with a public entity at the time of the subject collision. Petitioner's claim against the Department of General Services, State of California thus accrued on January 27, 2020. Petitioner filed a late‐claim application on February 17, 2021, more than one year from the accrual of the cause of action. On February 26, 2021, Petitioner resubmitted his late‐claim application, havi...

Excerpt: ...ectively, “Defendants”) demurrer to Plaintiff's Complaint is OVERRULED in part, and SUSTAINED with leave to amend in part. Defendants' request for judicial notice is DENIED as to Exhibits 1 (compilation of Courthouse News Service (“CNS”) search results for Plaintiff's name), 14 (CNS search results for Plaintiff's counsel's firm), 15 (Defendants' websites), and 16 (Defendants' websites), as these matters are not the proper subject of judic...

Excerpt: ...account is what the Defendant/Cross‐Complainant held with creditor Comity Capital Bank and the other account was with Citibank, N.A. Both creditors sold, assigned, and transferred all rights and interest in the accounts to Midland.. The Cross‐Complaint alleges three causes of actions against Midland. Crosscomplainant alleges negligent misrepresentation arising out of a misrepresentation of Best Buy concerning a computer she purchased, breach ...

Excerpt: ... demurrer to the first amended complaint (“FAC”) is SUSTAINED IN PART AND OVERRULED IN PART as follows. Requests for Judicial 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...

Excerpt: ...ants”) demurrer to plaintiffs Ioannis Taliadoros and Nina Taliadoros' (collectively, “Plaintiffs”) Complaint is OVERRULED. Plaintiffs' filed an untimely opposition only six court days prior to the hearing in violation of CCP § 1005. Defendants were served with the opposition seven court days prior to the hearing on January 10, 2022. (Arel Decl. ¶¶ 3‐4.) On reply, Defendants urge the Court to disregard the opposition as it only allowed ...

Excerpt: ...lt, California 95632. Allegations of FAC Plaintiff nursing home entered a contract with decedent, Lillie Chapman, agreeing to provide to decedent skilled nursing facility care and services for a fee. Decedent agreed to pay for said skilled nursing care and services. Decedent left an outstanding balance in the amount of $51,500. At all times herein relevant. Decedent knew that she was indebted to Plaintiff. The Decedent died on or about April 19,2...

Excerpt: ...g 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. BACKGROUND Plaintiffs filed their Complaint against Defendant on May 5, 2021. Plaintiffs are former employees of Defendant who alleg...

Excerpt: ...(“Amended Complaint” or “SAC”) against Defendants the Regents of the University of California (“the Regents”), UC Davis Health Systems (“UC Davis”), and Laura Beltramini (“Beltramini”) on June 30, 2021. According to the Amended Complaint, Plaintiff began working at UC Davis in October 2002 and has had a disability under the Fair Employment and Housing Act (“FEHA”) since 2006. (SAC, ¶¶ 10, 13.) Plaintiff alleges his disab...

Excerpt: ...�) and Adriel Salto, a minor, allege that a vehicle negligently operated by Defendant Bethany Masten collided with a vehicle negligently operated by Defendant Adel Hall (“Ms. Hall”) that collided with a vehicle operated by Melanie Camacho, in which Mr. Salto and Adriel Salto were passengers. (ROA 1.) On September 14, 2020, Ms. Hall filed a Cross‐Complaint against Bethany and Scott Masten (“the Mastens”) for indemnification, apportionmen...

Excerpt: ...”) office in Sacramento to tour the facility and meet with Defendant Steve Favis (“Favis”), Taechyon's Chief Technology Officer, and Defendant Deepak Srivastava (“Srivastava”), Taechyon's former Chief Executive Officer. (FAC, ¶ 20.) Srivastava and Favis made representations about the potential for Taechyon's products in both the United States and other global markets and encouraged O‐Film to make a $1 million investment in Taechyon. ...

Excerpt: ...had been leased to Sprint pursuant to a Master Fleet Services Agreement. Sprint provided the vehicle to its employee David Miranda (“Mr. Miranda”). On the night in question, Ms. Guzman was driving the vehicle home from a concert with Mr. Miranda as a passenger in the vehicle. Ms. Guzman rear‐ended another vehicle causing the Ford Fusion to become inoperable. Part of the vehicle remained in a portion of the number three lane of traffic. A tr...

Excerpt: ...alleges it leased commercial space to Defendants located at 8390 Gerber Road, Suite C in Sacramento (“the Property”). (Complaint, ¶ 6.) The lease commenced on November 4, 2014 and had an expiration date of January 31, 2018. (Id., ¶ 8) Defendants breached the lease by failing and refusing to pay rent and other amounts due and Plaintiff has been damaged in the amount of $23,742.27 exclusive of interest and attorney fees and costs. (Id., ¶¶ ...

Excerpt: ...Ban (“Plaintiff”) contends that Defendants AHA, Brockett, and Linnea Stonebraker (“Stonebraker”), (collectively “Defendants”), engaged in wrongful conduct which resulted in Plaintiff's registration as a certified instructor for life support training to be revoked by AHA. As a direct result of AHA's renovation, Plaintiff alleges he lost business and prospective economic benefit. Plaintiff alleges causes of action against Defendants for...

Excerpt: ...ed 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 counsel prior to the hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Background Plaintiff's underlying Second Amended Complaint is a representative action under the Pri...

Excerpt: ...es 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 counsel prior to the hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Background Plaintiff filed t...

Excerpt: ...ming only Nadia Naz and Does 1 to 100 as defendants. Defendant Naz thereafter moved to transfer venue to Sacramento County Superior Court in 2018. In December 2019 defendant Naz moved for summary judgment on the grounds that she is not a proper party and that plaintiff failed to name Mr. Khalid as a defendant prior to the expiration of the statute of limitations even though Mr. Khalid's identity was known to plaintiff when the original complaint ...

Excerpt: ...f moving defendant's 55 Undisputed Material Facts identified in the moving separate statement and/or which 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. *** SMC's counsel failed to comply with CRC Rule 3.1350(b), requiring that issues presented for summary adjudication be...

Excerpt: ... of Corrections and Rehabilitation (CDCR) and Kathleen Allison in her official capacity as Secretary of the CDCR from enforcing operational regulations that CDCR has adopted on an emergency basis which increase certain prison inmates' earning rates of good conduct credit (the Regulations). As the Court explains below, the motion for preliminary injunction is denied. Petitioners seek a preliminary injunction enjoining Respondents State of Californ...

Excerpt: ...dict the allegations in the TAC such that it should be considered on demurrer pursuant to Del E. Webb Corp v Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. The Court previously sustained BRMS' demurrer to the First Cause of Action for Unfair Business Practices in Violation of Bus. & Prof. Code § 17200. The Court found that Plaintiff failed to adequately allege any conduct by BRMS that would establish any unlawful, unfair or fraudulent ...

Excerpt: ...bor Code § 1102.5; (2) breach of the implied covenant of good faith and fair dealing (Tameny); (3) “violation of Plaintiffs' recognized pretermination due process rights (Skelly)”; (4) negligent supervision; and (5) negligent infliction of emotional distress. Plaintiffs allege that there were Capitol Security Technicians employed by the State Senate who were charged with harassment and discrimination violations. (FAC ¶ 10) They allege that ...

Excerpt: ...ion in Violation of Government Code § 12940(k); and (3) Failure to Provide Reasonable Accommodation in Violation of Government Code § 12940(m). Defendant demurs to all three causes of action. A demurrer can be used to challenge defects that appear only on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (Blank v Kirwan (1985) Cal.3d 311, 318.) In reviewing the sufficiency of a complaint ...

Excerpt: ...red. The opposition also fails to comply with CRC Rule 2.111(3) and Rule 3.1110(b)(3)‐(4). Factual Background This action arises out of plaintiff's employment with defendant CALPIA. Plaintiff's 1AC purports to assert four causes of action. The first three are brought pursuant to the FEHA and include claims for discrimination based on gender, for discrimination based on national origin and for retaliation. The final cause of action is also for r...

Excerpt: ... a 7‐Eleven store operated by defendant Sahota at 5579 Mack Road, the decedent encountered near his bicycle “two violent, armed, [sic] criminals” (i.e., defendants Hunter and Chaney) who shot the youth “multiple times.” Plaintiff, the mother of the decedent, alleges in Paragraph 13 that “Defendants generally possess, owned, leased, operated, managed, maintained, repaired, inspected, and/or otherwise controlled the business located at ...

Excerpt: ...iew This is partially a legal malpractice case related to a decedent's estate. Plaintiff alleges that Defendant “undertook probate, accounting, tax and estate work for Mertes as executor of the Decedent's Estate . . . .” (Second Amended Complaint (“SAC”) ¶ 64.) Plaintiff further alleges that Defendant was “well aware that a timely federal Estate Tax Return (Form 706) needed to be filed for the Estate of the Decedent in order to preserv...