Excerpt: ...o‐defendant Sunrise Shoes and Pedorthic Service Corporation (“Sunrise”) with the Lease to expire on August 31, 2016. Plaintiff alleges that Tu and other co‐defendants entered into a written Guaranty of Lease Agreement where they agreed to be liable for all of Sunrise's payments and obligations under the Lease. Sunrise, Tu, and the other codefendants are collectively referred to herein as “Defendants.” Sunrise and Plaintiff entered int...

Excerpt: ...usiness of providing aesthetic treatments and cosmetic medical services to the public. (Complaint, ¶¶ 1, 4.) Plaintiff alleges that Defendant negligently performed the laser vain removal procedure and that she was left with a discolored, swollen, bleeding, scabbed, and scared face. (Id., at 2.) Plaintiff alleges that, on or about January 10, 2020, Plaintiff engaged Defendant to perform vein therapy services to remove unwanted small, facial vein...

Excerpt: ...t 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 Walter Scott's motion to approve Private Attorneys General Act (“PAGA”) settlement is UNOPPOSED and GRANTED. This is a wage and hour PAGA action brought by Plaintiff on behalf of similarly situated in...

Excerpt: ...nts, including moving defendant, were negligent in the medical care of the decedent and caused her death on March 9, 2019. (Complaint ¶ 8.) Plaintiffs allege a single cause of action for “Medical Negligence and Wrongful Death.” This matter has not yet been set for trial. Dr. Sadik moves for summary judgment, or summary adjudication, on the grounds that there was no physician‐patient relationship and Dr. Sadik's decision‐making and clinic...

Excerpt: ...ent. With respect to punitive damages, Plaintiffs allege: “that at the time of the negligent acts and omissions complained of herein. Defendant, DANIEL IHRIG, willfully and deliberately operated a motor vehicle while on his cell phone/electronic device and in a dangerous and reckless manner. Plaintiffs further allege that all of Defendant, DANIEL IHRIG'S actions, as described herein, were committed knowingly and intentionally, and with a reckle...

Excerpt: ...rocedure § 382, California Rules of Court, Rule 3.769.) In approving a class action settlement, the Court is to determine whether the settlement is fair, reasonable and adequate, in light of all of the circumstances. ( California v. Levi Strauss & Co. (1986) 41 Cal.3d 460, 471; Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) The trial court has broad discretion to determine whether a proposed settlement in a class action is fair, adequ...

Excerpt: ...�The State of California” (“State”) in which the State would purchase personal protective equipment (“PPE”) for a total price of $799,015,000. Plaintiff did not receive any advance payments on the contract. At or around the same time, the State entered into contracts with least two other providers for the purchase of PPE, BYD Motors (“BYD”) and Blue Flame Medical, LLC (“Blue Flame”). Plaintiff is informed and believes, that BYD ...

Excerpt: ...lle Elledge's (“Elledges”) demurrer to Plaintiff Leonard C. Jones, Administrator of the Alegrie Davis Estate' (“Jones”) complaint is ruled upon as follows. This is an action for breach of contract and declaratory relief. Jones alleges that on December 31, 2019, the Elledges entered into a written agreement (the “Agreement”) whereby they agreed to purchase real property ("Property") from Jones. Jones alleges that the Elledges “unlawf...

Excerpt: ...ervices of Defendant “to amend as Settlor the Ruzir Family Trust” and to represent her in regards to the estate of Plaintiff's father Peter G. Ruzir, Jr. who died on July 24, 2010. (FAC, ¶ 10.) Decedent instructed Defendant that it was her intention to benefit Plaintiff “by the transfer of Decedent's remaining trust property by her named Successor Trustee, Judy Martin [“Martin,” Decedent's niece], of her revocable living trust.” (Id....

Excerpt: ...l 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 ID is: 841 204 6267. To appear on Zoom by phone...

Excerpt: ...e pleading alleges one cause of action for subrogation: “the insured had a policy of insurance with Plaintiff covering the damages which are the subject of this action. As required by both the policy and Plaintiffs duty of good faith and fair dealing with its insured, Plaintiff investigated the loss, determined it was covered and paid the claim. The total loss was $28,906.17. Plaintiff now seeks subrogation of its payment (and recovery of any u...

Excerpt: ... alleges causes of action for negligence, strict liability (failure to warn), strict liability (design defect), fraudulent concealment, and breach of implied warranties. He alleges that he was diagnosed with Chronic Myelogenic Leukemia ("CML") in 2000. He alleges that the defendants' products caused his disease. Mr. Villanueva's wife, Seanne Villanueva, alleges a cause of action for loss of consortium. In this action, “[i]n order to investigate...

Excerpt: ...ruck. While Plaintiff was under the trailer, Defendant Ion Sribu allegedly started the truck and almost ran Plaintiff over, causing injury to Plaintiff. Defendant Ion Sribu was allegedly acting within the scope of his employment as a truck driver for Defendant TWT Express, which is owned by Victor Tigan. (Compl. ¶ 10.) The incident allegedly occurred on or about June 19, 2018. On November 5, 2021, Plaintiff issued a deposition subpoena to the De...

Excerpt: ... Plaintiff alleges causes of action under FEHA for disability discrimination, failure to accommodate, failure to engage in the interactive process, retaliation and failure to prevent discrimination, harassment and retaliation. She also alleges a cause of action for wrongful termination in violation of public policy and defamation. Plaintiff alleges that she had been employed for over ten years and was Defendant's preschool director. She alleges t...

Excerpt: ...fendant violated various provisions of the Labor Code and certain Wage Orders by failing to pay overtime, failing to provide meal and rest periods, failing to pay minimum wages, failing to pay wages upon termination, failing to timely pay wages during employment, failing to provide complete and accurate wage statements and pay records, and failing to reimburse necessary business expenses. (ROA 1) There are no other allegations in the complaint. P...

Excerpt: ...r, alternatively, to declare all renewals invalid as renewals were of the wrong judgment is ruled on as follows. Judicial Notice Harrison's Request for Judicial Notice (“Harrison RJN”) and Rushing's Request for Judicial Notice ("Rushing RJN") of documents in the Court's file, including Harrison's Request for Judicial Notice of the Register of Actions in this case, are GRANTED. In taking judicial notice of these documents, the Court accepts th...

Excerpt: ...they should have designated on the initial designation on a topic reasonably anticipated to be in dispute. The motion is ruled on as follows. This action arises from a dog bite incident involving Plaintiff Arianna Hedding‐Kelton at the home of Defendants Oscar and Monica Madrigal. Pursuant to Code of Civil Procedure section 436, a court may “[s]trike out any irrelevant, false, or improper matter inserted in any pleading” as well as “all o...

Excerpt: ...defendant's 10 Undisputed Material Facts and/or objections to evidence and which of plaintiff's 17 Additional Material Facts 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. *** District's counsel failed to comply with CRC Rule 3.1350(b), requiring that issues presented for summary adjudication be...

Excerpt: ...amended complaint, which warrants summary judgment on the first cause of action for dangerous condition of public property pursuant to Government Code section 835. Defendant contends that, since Plaintiffs cannot establish liability pursuant to Government Code section 835, the second cause of action for liability pursuant to loss of consortium/negligent infliction of emotional distress warrants summary judgment. Legal Standard In evaluating a mot...

Excerpt: ...ghout the United States. Plaintiff is a former employee of Defendant. On April 17, 2019, Plaintiff filed a Class Action Complaint for Damages. On May 15, 2019, Plaintiff filed a First Amended Class Action Complaint for Damages & Enforcement Under the Private Attorneys General Act, California Labor Code § 2698, et seq. ("Operative Complaint"). Plaintiff's core allegation is that Defendant has violated the California Labor Code by engaging in a un...

Excerpt: ...ty, she was on 9/7/2020 admitted to defendant ESS' residential care facility for the elderly, “The Splendor of Carmichael at Palm” (“Splendor”). Due to a variety of medical conditions including being legally blind, auditory impairment, hypertension, a depressive disorder and frailty, Darbison required assistance with various daily activities including bathing, dressing, grooming, eating, walking, etc. to avoid the risk of fall and injury....

Excerpt: ...entative 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). Defendants' request for judicial notice is granted. Defendants general demur to Plaintiff's SAC, consisting of Plaintiff's first cause of action for violation of the Unruh Civil Rights Act and second cause of action for violation of Civil Code section 51.5, on grounds ...

Excerpt: ...party within 48 hours of receipt. The hearing date shall automatically be continued for oral argument. The continuance date will always be an “Appearance Required” hearing so that the self‐represented party need not request oral argument. The Litigation Coordinator shall make the self‐represented party available by Zoom at 9:00 a.m. on the date of the continued hearing date, which will be 1/4/2022, to participate in oral argument. Departm...

Excerpt: ... construct gas processing facilities and CEE agreed to purchase natural gas from Plaintiff. Disputes subsequently arose over a variety of matters including but not limited to the construct the facilities, the quality of the gas being produced, and Plaintiff's obligations to pay. As issue here is Plaintiff's cause of action for reimbursement under B&P Code § 7031 (b). CEE has filed a Verified Cross‐Complaint against Plaintiff. Plaintiff seeks t...

Excerpt: ...the Elk Grove Tribune and the owner of the internet blog Chronicles Blog & Adoption Ministry. (Complaint, ¶ 6.) The Elk Grove Tribune is an internet‐based news publication and a resource for local and community news, community events, and support for local businesses. (Id., ¶ 7.) Defendant is a former writer for the Elk Grove Tribune who ceased contributing content to the publication on July 22, 2020. (Id., ¶ 8.) On September 2, 2020, Plaint...