Excerpt: ...rdered to notify Plaintiff immediately of the tentative ruling system and to be available at the hearing, via Zoom video or audio, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06(B). Defendant's request for judicial notice is granted. (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...

Excerpt: ...nst Dr. Cacho only. Appearance is required. Oral Argument will take place on January 13, 2022, at 1:30 p.m. The Clerk shall fax a copy of this tentative ruling to the litigation coordinator. The litigation coordinator shall provide the tentative ruling to Lloyd Davis within 48 hours. The litigation coordinator is directed to have Lloyd Davis available at oral argument on January 13, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ...

Excerpt: ...le 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). Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, and The Permanente Medical Group, Inc.'s (collectively “Defendants”) demurrer to Plaintiff Polina Seeger's (“Plaintiff�...

Excerpt: ...er 30, 2021. Plaintiff Rodney Andrews did not file or serve his Opposition until January 5, 2022 ‐ one day before Defendants' Reply was due. (ROA 34.) On Reply, Defendants object to the late‐filed Opposition, argue they did not receive the Opposition until 4:25 p.m. the day before the Reply was due, and argue the Opposition should not be considered. Defendants cite to Rancho Mirage Country Club Homeowners Ass'n v. Hazelbaker (2016) 2 Cal.App....

Excerpt: ...the tentative ruling system and to be available at the hearing, via Zoom video or audio, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff's request for judicial notice is granted. Defendant Brackett demurs to the tenth causes of action for meal period liability, eleventh cause of action for rest period liability, twelfth cause of action for failure to provide accurate itemized wage stateme...

Excerpt: ... of Court, Rule 3.769). The trial court has broad discretion to determine whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App.3rd 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and case...

Excerpt: ...nt Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 114. Plaintiff has not challenged the request for judicial notice nor does he dispute the truth of the matters in the record including the Notice of Intent to terminate or the records of the administrative appeal including the order issued by the arbitrator Judge Fred Morrison, ret.. The First Amended Complaint was filed following the Court's granting of an anti SLAPP motion con...

Excerpt: ...1 and accepted by Plaintiff on May 14, 2021. In April 2021, Ford made offers to compromise pursuant to CCP. § 998 in the amount of $46,831.00, which included reimbursement for the truck plus attorneys' fees of either $7,500 or, at Plaintiffs choosing, an amount set by the Court following a motion for fees. Plaintiff accepted Ford's offer to compromise. Plaintiff seek $30,785.00 in attorneys fees in addition to a "lodestar" enhancement of 0.5, in...

Excerpt: ...s an employee of DGS, and has been for 20 years. She was in the DGS Office of Human Resources. She is a 45 year old Hispanic woman. Her supervisor at the time in question was defendant Applegate. Plaintiff alleges that Applegate decided to limit Plaintiff's job duties because Plaintiff had a romantic association with a Hispanic man. Plaintiff's job duties included assisting employees to understand their employee rights, status and qualifications....

Excerpt: ...ployee of the City's Department of Utilities (“DOU”). Plaintiff worked for the City in the 1990's, and resigned in the early 2000's. He was rehired in April of 2011 as a Sewer Service worker. This action arises from conduct that allegedly occurred during Plaintiff's second term of employment with the City. Plaintiff, a man over the age of 40, claims he suffered both harassment and discrimination on account of his age, and discrimination and r...

Excerpt: ...or. Plaintiff filed his Complaint for negligence, negligence per se, and failure to warn against Smith Development on August 21, 2019. Smith Development now moves for summary judgment on the ground that pursuant to Privette v. Superior Court, as the hirer of an independent contractor, Smith Development cannot be liable for an injury to an employee of that contractor as a matter of law. Further, the independent contractor, San Joaquin Drywall, had...

Excerpt: ...Decl. ¶ 3, Exh. 1.) Plaintiff served her response on August 20, 2021, in which she made a demand that Defendants deliver to Plaintiff within 30 days a copy of the Report pursuant to CCP § 2032.610. (Cherny Decl. ¶ 4, Exh. 2.) Defense physician Edward W. Younger, III, M.D., examined Plaintiff on September 8, 2021. (Cherny Decl. ¶ 5.) Dr. Younger's report was due to Plaintiff on September 20, 2021 (30 days after service of the demand). Defendan...

Excerpt: ...echanic employed by EJ. Defendant Ion Sirbu was employed by defendant TWT Express, LLC, and had brought a pick‐up tmck with a trailer attached to EJ's to have the vehicle serviced. Defendant Sirbu claims that he was instructed to move the vehicle by employee(s) of EJ's while at the same time and unbeknownst to him, Plaintiff was working under the vehicle. Plaintiff claims to have sustained injuries when the vehicle moved above him. This motion ...

Excerpt: ...perty damages sustained by its insured and insured's passenger in an April 23, 2016, car accident. Defendant was personally served with the Summons and Complaint on December 24, 2018. (ROA 5.) Defendant does not dispute she was personally served. Default was entered against Defendant on January 28, 2019. (ROA 8.) On March 23, 2019, Plaintiff's counsel sent Defendant a letter informing her default had been entered. (Weissman Decl. ¶ 6.) Default j...

Excerpt: ...NTED. Pursuant to Code of Civil Procedure § 583.210, "the summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed." (Code Civ. Proc. § 583.210(a).) If service is not completed upon a party within the three years, "the action shall not be further prosecuted and no further proceeding...

Excerpt: ...ffs' request for judicial notice is granted. By way of the instant motion Defendants seek an order compelling Plaintiffs Wilson and Hughes to provide further responses to their Form Interrogatory No. 17.1 (set two) as it relates to their Requests for Admissions Nos. 2‐225, and for Plaintiff Hughes to provide further responses to Form Interrogatory No. 17.1 (set three) as it relates to Requests for Admissions Nos. 350, 351, 356, 360, 364, 365, 3...

Excerpt: ...re/Medicaid, the motion is DROPPED for defective service. California Rules of Court Rule 3.1346 provides: “A written notice and all moving papers supporting a motion to compel an answer to a deposition question or to compel production of a document or tangible thing from a nonparty deponent must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail or electronic service at an address or elec...

Excerpt: ... the premises of Defendant Whole Foods Market in Folsom and slipped and fell on an unknown food/liquid substance. (Complaint, p. 4.) On September 2, 2021, Plaintiff propounded Amended Special Interrogatories, Set No. 8 (“Amended Set No. 8”), consisting of 14 questions, on Defendant. (Black Decl., ¶ 3.) Defendant served responses on October 5, 2021. (Id., ¶ 4.) Plaintiff argues all of Defendant's responses were deficient in that none of the ...

Excerpt: ...quest for production and to compel compliance are ruled upon as follows. Defendants' unopposed request for judicial notice is granted. Defendants filed two separate motions directed to both Plaintiffs' responses to its request for production though it has filed a single memorandum of points and authorities and Plaintiffs have filed a single opposition. Therefore, the Court will address both motions in a single ruling. In this action Plaintiffs al...

Excerpt: ...gainst Winco on March 4, 2019, alleging premises liability and general negligence. On April 15, 2019, Winco filed a crosscomplaint against City Wide Property Services, Inc. (“City Wide”) for indemnification, apportionment of fault, and declaratory relief. On May 16, 2019, Riddex filed a Doe Amendment to her Complaint, adding City Wide as Doe 1. City Wide now moves for summary judgment as to Riddex's Complaint on the grounds that there are no ...

Excerpt: ...�) allege several medical providers at Dignity Health dba Woodland Memorial Hospital and Dignity Health dba Mercy General Hospital were negligent in their care and treatment of Mr. Dodge leading him to suffer severe and permanent spinal injury, among other injuries. One of those providers, Dr. Khalil, now moves for summary judgment/adjudication on grounds that (1) there is no triable issue of material fact that he complied with the applicable sta...

Excerpt: ...te of Ryan Hendricks, against Defendants Aaliyah Bouchelaghem, Tahar Bouchelaghem, and Lurenda Schafer (“Ms. Bouchelaghem,” “Mr. Bouchelaghem,” and “Ms. Schafer,” respectively; “Defendants,” collectively). As relevant to this matter, Plaintiff alleges Mr. Bouchelaghem negligently entrusted Ms. Bouchelaghem, his daughter, to drive his 2009 Nissan Maxima. On October 21, 2019, Ms. Bouchelaghem caused the vehicle to collide with Deced...

Excerpt: ...or TRO/OSC on December 17, 2021. Plaintiffs were ordered to file any opposition by December 30, 2021. Plaintiff Rezar Properties, Inc., et al filed a complaint alleging causes of action Judicial Foreclosure pursuant to CCP § 726, Breach of Contract, Fraudulent Conveyance, and others. Plaintiffs allege that Borrower (Auburn Ravine Venture) is indebted to Lenders under a promissory note entitled “Interest‐Only Period Fixed Rate Note” (the �...

Excerpt: ... 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 This is a wage and hour action brought by Plaintiff Courtenay Arneson (“Plaintiff”) on behalf of similarly situated current and former employees of Defendant Bahn Thai, Inc. (dba Thai Basil Café / V...

Excerpt: ...n (“Defendants”). According to Plaintiff's First Amended Complaint (“FAC”), Plaintiff and similarly situated employees (“Plaintiffs”) worked for Defendants as non‐exempt employees. (FAC, ¶ 18.) Plaintiff in particular worked as a material handler and forklift operator. (Ibid.) Plaintiffs regularly worked over 8 hours a day and/or 40 hours per week, incurring overtime and were paid non‐discretionary remuneration such as bonuses. (...