Excerpt: ...ding anti‐aging procedures such as botox fillers and laser treatments. (Complaint, ¶ 13.) Beginning around 2016, Defendant asked Plaintiff if he would like to enter into a business arrangement with her, an opportunity Plaintiff rejected. (Id., ¶ 15.) In March 2017, Defendant informed Plaintiff that her business was failing and inquired into Plaintiff's desire to assume her office space lease. (Id., ¶ 16.) Induced by Defendant's assurances to...

Excerpt: ...t employee and thus violated certain Wage Orders and the Labor Code by, for example, failing to provide itemized wage statements, pay overtime, provide meal and rest breaks, and more. Plaintiff moves for summary adjudication of Defendant's tenth affirmative defense in Defendant's answer to Plaintiff's First Amended Complaint (“FAC”). Plaintiff asserts that Defendant's tenth affirmative defense to Plaintiff's FAC fails to allege a valid defens...

Excerpt: ...painting and wall‐covering contractor. (Complaint, ¶ 6.) According to Plaintiff's Complaint, Plaintiff and other non‐exempt employees for Defendant were responsible for all aspects of painting and wall covering services according to work order and safety standards. (Id., ¶ 10.) Plaintiff alleges that Defendant failed to provide accurate written wage statements (id., ¶¶ 24‐28), failed to reimburse necessary business expenses (id., ¶¶ 2...

Excerpt: ...ird Amended Complaint (“Amended Complaint” or “TAC”), Defendant Condie (“Condie”) is a real estate agent who was employed by Defendant H and M Re Holdings, Inc. DBA New Vision Realty Group (“New Vision”). (TAC, ¶¶ 7, 8.) United Global LLC is a limited liability company, managed and indirectly owned by Mark Evans (“Mr. Evans”) and Renee Evans (“Mrs. Evans”). (Id., ¶ 2.) On February 16, 2016, Condie assisted Defendant Uni...

Excerpt: ...eorge Ben Godinez (“Plaintiff”) is an insurance salesman who worked for Defendants. He alleges that Defendants failed to properly compensate him. (See generally, Second Amended Complaint, “SAC”.) The SAC asserts causes of action for: (1) Breach of Contract, (2) Defamation, (3) Tortious Interference with Business Relationship, (4) Intentional Interference with Prospective Economic Relations, (5) Negligent Interference with Prospective Econ...

Excerpt: ...on arises from a business partnership dispute involving 8 real estate projects in Sacramento County. Plaintiffs Ericson Real Estate LLC, Scott Ericson (“Mr. Ericson”), and Trisha Ericson (collectively “Plaintiffs”) allege that Defendants 3 Point, Chris MacPhail (“Mr. MacPhail”), and Dorothy MacPhail surreptitiously took profits belonging to the partnership for their own personal gain. Among other things, Plaintiffs allege that the Mac...

Excerpt: ...aw action pursuant to an accepted California Code of Civil Procedure § 998 offer and the Song‐Beverly Consumer Warranty Act ("SBA"), Cal. Civ. Code § 1794(d). Plaintiff requests an Order awarding attorneys' fees, costs, and expenses in the total amount of $39,480.44. This amount consists of (1) $25,551.50 in attorney fees for Strategic Legal Practices, APC ("SLP"); (2) a 1.35 multiplier enhancement on the attorney fees (or $8,943.03); (3) $1,...

Excerpt: ...laintiff alleges only one claim for premises liability against Eskaton. The claim arises out of plaintiff's transport on premises owned by moving defendant. Plaintiff alleges she incurred injuries as a result of Co‐ defendant Falck paramedics dropping her during transport due to the alleged failure to use a four‐ person transfer. The allegations that the incident occurred in Eskaton's parking lot do not connect the injury to Eskaton's Defenda...

Excerpt: ... motion matters. *** Defendant Sacramento Metropolitan Fire District's (“District” or “Metro Fire”) demurrer to Plaintiff Medic Ambulance Service, Inc.'s (“MAS” or “Medic”) second amended complaint is ruled upon as follows. I. Overview This action arises from the District's rejection of all proposals for Request for Proposal 19:04 (“RFP”). MAS alleges that it was the lowest, responsive, responsible proposer. a. MAS' initial co...

Excerpt: ...plaintiff and/or the Additional Material Facts offered by defendant will be addressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Plaintiff Citizens Insurance Company of America's (“CICA”) motion for summary judgment, or in the alternative, summary adjudication against Defendant Golden Eagle Insurance Co. (“...

Excerpt: ...2018, Defendant conducted a workplace investigation following Plaintiff's complaints. (Grunwald Decl., p. 1, ¶3.). Plaintiff seeks unredacted documents concerning the investigative report prepared by a third party investigative law firm on behalf of Defendant CADA as well as other investigation‐related documents. (Ibid.) Plaintiff seeks an order compelling further responses to Requests for Production Nos. 1‐6 from defendant. The responses to...

Excerpt: ...lectively “Sprague Plaintiffs”) as Vexatious Litigants is UNOPPOSED and is ruled upon as follows. Defendants contend that the Sprague Plaintiffs are vexatious litigants as defined by CCP §391(b)(2) which provides: “After a litigation has been finally determined against the person, repeatedly relitigates or attempts to relitigate, in propria persona, either (i) the validity of the determination against the same defendant or defendants as to...

Excerpt: ...order after final judgment, is made that is appealable under this title. Pursuant to CCP 632, the request for a statement of decision shall specify those controverted issues as to which the party is requesting a statement of decision. The request filed by petitioner did not specify the controverted issues of fact that on which petitioner seeks a statement of decision. On or about August 19, 2015, Hilbers and Roofco entered into a written subcontr...

Excerpt: ...on was conducted pursuant to a Memorandum of Understanding (“MOU”) between Respondent and Doe 1. The arbitration consisted of Doe 2's appeal of his termination from his employment with Respondent. Respondent terminated Doe 2 following an investigation which led to 23 sustained allegations of violating criminal statues and more. (Tyra Decl. ¶ 5, Exh. B.) The Arbitrator was mutually selected by the parties pursuant to the MOU. (Id. ¶ 10.) The...

Excerpt: ...h Plaintiff Mahmoud Khattab. M.D. (“Dr. Khattab”) and Plaintiff 9250 Big Horn Holdings, LLC (“Big Horn”) entered into a construction agreement with Defendants and Sheba Construction, Inc. (“Sheba Construction”), whereby Defendant would serve as the project developer for the building's construction and Sheba Construction would act as the general contractor. The instant motion concerns a subpoena issued by Plaintiffs to non‐party Ibra...

Excerpt: ...e per se. Plaintiff alleges that on August 8, 2017, she was attacked by a dog owned by Defendants while the dog was being walked in her neighborhood. She alleges that Defendants were aware that the dog was vicious. In evaluating a motion for summary judgment or summary adjudication the Court engages in a three step process. First, the Court identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for...

Excerpt: ...ood vendors, and samples of local beer and wine. At the event a large tree limb fell on plaintiff Steven Bralley (“Plaintiff”) when he was sitting under a large Valley Oak, which caused him to sustain injuries and rendered him a paraplegic. The tree in question has been identified by the District as “Tree 1051.” Plaintiff and his wife, Dana Bralley (collectively, “Plaintiffs”) filed their Complaint on June 27, 2019, against the Distri...

Excerpt: ... Plaintiff's counsel confirmed Plaintiff's availability to appear for deposition on September 15, 2021. (Sullivan Decl. ¶ 2, Exh. A.) Defendants served a Notice of Deposition that same day. (Sullivan Decl. ¶ 2, Exh. B.) On September 2, 2021, Defendants served instructions for the parties to appear remotely at deposition. (Sullivan Decl. ¶ 3, Exh. C.) On September 13, 2021, defense counsel confirmed with Plaintiff's counsel's office that Plaint...

Excerpt: ...J. Lynch, D. Gonzalez, A. Reilly, T. Stanfield, N. Romney, J. Bowman, D. Conden, C. Houghland, and S. Prasad's (collectively, “Defendants”) motion for judgment on the pleadings is UNOPPOSED and is ruled upon as follows. Defendants request for judicial notice is unopposed and granted. Plaintiff in pro per Larry Jacks (“Plaintiff”), an inmate housed at a California State Prison, filed the Complaint on May 20, 2021, alleging 17 causes of act...

Excerpt: ...stline's request for judicial notice of various recorded documents related to the Deed of Trust and foreclosure proceedings and Bankruptcy Court orders is granted. Factual Background This is a wrongful foreclosure case which was commenced on 10/30/2019. According to the TAC, Schroeder purchased the subject property in 1993 and then re‐financed her mortgage in 2008 with a $455,000 loan from Accredited Home Lenders, Inc., not a party to this suit...

Excerpt: ... a double amputee living at Eskaton Care Center. (SAC ¶ 4.) She alleges that on December 29, 2017, she was scheduled to be transported to Kaiser for a medical appointment. Plaintiff alleges that she is unable to self‐ambulate and requires assisted transportation to and from the care facility. (Id.) Plaintiff alleges that Defendants Care Ambulance and/or Falck Northern California Corp. were the usual carrier for her transportation. (Id. ¶ 5.) ...

Excerpt: ...tember 28, 2020. The FAC alleges Defendant concealed his positive HIV status from Plaintiff and engaged in unprotected sexual intercourse transmitting HIV to Plaintiff. The FAC alleges causes of action for breach of statutory obligations, negligence, battery, intentional infliction of emotional distress, negligent infliction of emotional distress, exemplary damages, and breach of contract. Defendant filed his Answer to the FAC on March 4, 2021, a...

Excerpt: ...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 appear at the hearing by Zoom or by telephone. F...

Excerpt: ...d Moving Papers. Petitioner Department is part of California's Environmental Protection Agency and is authorized to enforce portions of California Food and Agricultural Code (“F&A Code”) as well as to conduct administrative investigations pertaining thereto. Pursuant to this authority Department issued an investigative subpoena to HNL in order to ascertain whether the latter is manufacturing and/or distributing an unregistered pesticide under...

Excerpt: ...'s tentative ruling system as required by Local Rule 1.06(D). Cross‐Defendant is ordered to notify parties immediately of the tentative ruling system and to be available at the hearing, via Zoom video or audio, in the event another party appears without following the procedures set forth in Local Rule 1.06(B). Cross‐Defendant's request for judicial notice is granted. The cross‐complaint in this action was filed on July 31, 2019. (ROA 47.) C...