Excerpt: .... (“Defendant”) between April 24, 2015 and November 12, 2021. According to Plaintiff's First Amended Complaint (“FAC”), Defendant operated a labor supply business serving public school districts in Sacramento County and throughout California. (FAC, ¶ 15.) Plaintiff alleges, among other things, (1) Defendant maintained payroll policies and practices that unlawfully deny compensation for involuntarily forfeited meal breaks and rest breaks;...

Excerpt: ...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 access Lexis at the law library to prepare for the oral argument. Plain...

Excerpt: ...uired 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 appear at the hearing by Zoom or by telephone. BACKGROUND Plaintiff Scalzi is a real estate broker with Sacramento Commercial Properties and a broke...

Excerpt: ...le 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 The underlying action is a representative action under PAGA on behalf of Plaintiff and certain individuals who are employed or were employed by Defendant Talley, Inc. (“Defendant”) and any subsidia...

Excerpt: ... 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 appear at the hearing by Zoom or by telephone. *** If oral argument is requested, the parties must at the time oral argument is requested notify the cler...

Excerpt: ... 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 alleged that Defendants represented them in an underlying action which they contend was settled for an unreasonably low amount....

Excerpt: ...ty of the specific discovery requests that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background This lawsuit arises out a variety of disputes relating to numerous real estate investments plaintiffs made with defendants dating back to 2012. Plaintiffs describe defendants as real estate professionals claiming to have de...

Excerpt: ...cial notice is granted. In this action, Plaintiffs allege that they are officers and directors of Sacramento A‐1 that were engaged in the process of selling the company's assets. They allege that the relied on Defendants, their insurance brokers to obtain ongoing Directors & Officers insurance coverage after the sale of the company's assets. Plaintiffs allege that they believed that they were obtaining six years of “runoff coverage” to cove...

Excerpt: ...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. The notice of motion also does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Overview This action arises out of an alleged business venture relating to the cultivation cannabis in Mendocino County, California. Disputes among the involved p...

Excerpt: ...ies, 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 “Note”). The Note, dated January 6, 2020, was executed by Borrower in favor of Lenders, in the original maximum principal a...

Excerpt: ...ynarcik, Scott and Metzka. In 2010 a judgment of nearly $1.35 Million was entered against the defendants but it was later amended to over $1.58 Million. Shortly thereafter Pahrump 161 LLC filed for Chapter 7 bankruptcy protection in Nevada. In late 2010 the original judgment creditors sought to have the amended Nevada judgment domesticated here in California and despite being personally served with this 2010 application to domesticate the amended...

Excerpt: ...eferenced 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 access Lexis at the law library to prepare for the oral argument. Plaintiff states that due to the Covid outbreak he has no physical access to the law library and can only do research on a "paging ...

Excerpt: ...ard of care at all times, and that Plaintiff Teresa Dodge's loss of consortium claim is derivative of Plaintiff Mark Dodge's alleged medical malpractice cause of action and therefore must also fail. Legal Standard In evaluating a motion for summary judgment, the Court engages in a three‐step process. First, the Court identifies the issues as framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment. ...

Excerpt: ...in, 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. The Court will not...

Excerpt: ...ted, on the grounds that his attorney Jan Dudensing did mistakenly fail to respond to any of the papers served by the defense because they were only email served to an old and unmonitored email address, without any mail‐service copies to calendaring staff due to an emergency local rule put in place to halt the spread of the global pandemic.” The notice of motion does not specify the date order the order from which Plaintiffs seek relief. The ...

Excerpt: ...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 Perdue Foods, LLC's (“Perdue”) motion for summary adjudication of Plaintiff's second, third and fourth cause of action is ruled upon as follows. Preliminary Matters Perdue's counsel failed to co...

Excerpt: ...lly provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court.” The proof of service indicates the moving papers were served on the other parties via email on December 8, 2021. Regardless, section 1005(b) requires the motion to be filed and served at least 16 court days before the...

Excerpt: ...Plaintiff's favor (first cause of action for malicious prosecution); and (2) Association had probable cause to file its complaint (first cause of action for malicious prosecution). Defendants allege that the undisputed facts demonstrate that the underlying complaint to Plaintiff's cause of action for malicious prosecution was not terminated in Plaintiff's favor, was brought with probable cause, and was not initiated with malice. Defendants allege...

Excerpt: ...ing procedure. If counsel for moving party 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). Plaintiff Fidel Cruz's motion to approve Private Attorneys General Act (“PAGA”) settlement is UNOPPOSED and ruled upon as follows. This is a wage an...

Excerpt: ... two; and request for production of documents, set four. Following the Court's order to meet and confer, Defendant SMF agreed to provide further responses to form interrogatories, set two, no. 17.1 and request for production of documents, set four, no. 53 for all requests for admission. The parties have resolved their dispute as to request for admissions, set one, no. 6, and the corresponding form interrogatory, set two, no. 17.1, and request for...

Excerpt: ...he motion is ruled on as follows. Defendant's request for judicial notice is granted. Plaintiff's request for judicial notice is granted. Defendant argues Mr. Gill is an apex witness and, as such, is not an appropriate deponent because he does not have unique or superior knowledge related to Plaintiff's claims. Further, Defendant alleges that Mr. Gill is not an appropriate deponent because he has no personal knowledge of any relevant subject matt...

Excerpt: ... employment with Mercy as its Associate Vice President in its Administration Department. Plaintiff contends he was wrongfully terminated while taking protected medical leave and that defendant failed to engage in the interactive process with regard to accommodating plaintiff so that he could extend his medical leave for three additional months. Defendant seeks summary adjudication of the following issues: Issue One: Plaintiffs First Cause of Acti...

Excerpt: ... and American Specialty Healthcare Inc.'s demurrer is entitled "Opposition to Central Valley Specialty Hospital's Demurrer." The FAC alleges claims for dependant/ elder abuse, fraud, and wrongful death arising out of the care and treatment of decedent Ronald Bingham. Hospital contends that all causes of action except wrongful death fail to state facts sufficient to constitute a cause of action and are uncertain. CCP 430.10(e) and (f). Allegations...

Excerpt: ...ively “Plaintiffs”) Third Amended Complaint (“TAC”) is ruled upon as follows. Moving Defendants' request for judicial notice of various recorded documents related to the Deed of Trust and foreclosure proceedings, Bankruptcy Court orders, and this Court's docket is granted. Lack of Service on Plaintiff Joseph F.P. Ramos The proof of service filed for CMS's demurrer and concurrently filed motion to strike state that the moving papers for bo...

Excerpt: ...f fees in order to retain an attorney for this litigation. However, there is no general legal right to counsel in civil suits like this one filed by plaintiff. Factual Background Plaintiff in pro per, an inmate at a correctional facility in Tehachapi, California, commenced this lawsuit on 3/8/2021, purporting to assert causes of action for “fraud,” gross negligence, “takings clause” and dependent adult abuse/neglect against the California...