Excerpt: ...oral argument is permitted on law and motion matters. *** Overview This action arises out of an alleged business venture relating to the cultivation of cannabis in Mendocino County, California. Disputes among the involved parties have arisen and in his complaint, plaintiff asserts causes of action against various defendants for Fraud, Conversion, Breach of Contract, Breach of Fiduciary Duty, Common Counts, Declaratory Relief, Accounting and viola...

Excerpt: ...on that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** CSAA's counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This is an insurance bad faith action that was commenced in October 2018. Plaintiff alleges that she is severely hearing impaired and her primary means of communication with others is American Sig...

Excerpt: ...iring a party opposing summary judgment to file a “Separate Statement” in a particular two‐column format specified in Rule 3.1350(h); state whether that each material fact is “disputed” or “undisputed,” and for each fact claimed to be disputed, state the nature of the dispute and provide a citation to evidence by reference to the exhibit, title, page, and line numbers. Defendants' “Objection to Motion for Summary Judgment” fails...

Excerpt: ... for relief is not included in the notice of motion. 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 or summary adjudication. ( FPI Dev. Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381‐382.) Because a motion for summary judgment/adjudication is ...

Excerpt: ...urt, rule 3.769(g).) This is a wage and hour class action. Plaintiff Tiffany Henderson, individually and on behalf of a putative class of 414 nonexempt, non‐union employees who were employed at one of Defendants' Valley Recovery facilities in California, and Defendants, have agreed to settle this wage and hour class action for $720,000. Defendants are the corporate owners and operators of a group of five "Valley Recovery Centers" located in Sac...

Excerpt: ...ant Energy Star Lighting & Electric, Inc. ("Defendant") failed to pay overtime wages, failed to provide meal and rest periods, failed to provide accurate wage statements, failed to keep accurate time records, failed to pay final wages, and failed to reimburse business expenses. The Complaint further alleges that Defendants are liable for civil penalties as a result of the alleged violations. Defendants have denied all of Plaintiffs' allegations. ...

Excerpt: ...tion. In granting or denying a motion for summary judgment or summary adjudication, the Court need rule only on those objections to evidence that it deems material to its disposition of the motion. Objections to evidence that are not ruled on for purposes of the motion shall be preserved for appellate review. (Code Civ. Proc. § 437c(q) (as amended effective Jan. 1, 2016).) The motion is made on the grounds that Plaintiffs' and Cross‐Complainan...

Excerpt: ...rst Amended Complaint. On October 30, 2020, Plaintiffs filed a Second Amended Complaint that alleges (1) failure to pay overtime wages, (2) minimum wage violations, (3) meal period violations, (4) wage statement violations, (5) waiting time penalties, (6) unfair competition, and (7) PAGA penalties. Defendant Liqui‐ Box Corporation denies the allegations, but the parties were able to reach a compromise. The parties first attempted to settle this...

Excerpt: ... court; and (2) a later detailed review after the period during which notice is distributed to class members for their comments or objections. (Conte & Newberg, Newberg on Class Actions (Newberg) § 11.24 (4th ed. 2002.) This procedure assures class members of the protection of procedural due process safeguards and enables a court to fulfill its role as the guardian of the interests of the settlement class. As required by the Rules of Court, the ...

Excerpt: ...uses of action against Defendant for libel, defamation per se and false light which were all premised on allegations that Defendant posted negative reviews of Plaintiff in December 2020 and March 2021 on Yelp and Google. The Court stated that Defendant was to bring a separately noticed motion for fees. (Id.) Defendant now seeks $37,400 in fees and $228 in costs incurred in connection with the anti‐SLAPP motion and the instant fee motion. The re...

Excerpt: ...under Section 664.6. This is Plaintiff's second attempt to obtain entry of a stipulated declaratory judgment through Section 664.6 in this action. Plaintiff's previous “Request for Entry of Judgment in Accordance with Already Filed Stipulation for Judgment” was denied. (Register of Actions (“ROA”) 34.) In denying that motion, Judge Brown explained, “The file does not include a complete stipulation signed by both parties, or a proof of s...

Excerpt: ...to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant City of Sacramento's (“City”) motion for summary judgment is ruled upon as follows. Overview This is a personal injury action. Plaintiff Paul Moore (“Plaintiff”) alleges that on 7/6/2017 he was walking along the sidewalk of Bruceville Road when he tripped and fell over a collapsed manhole and/or sidewa...

Excerpt: ...on law and motion matters. *** Plaintiff Sigifredo Perez, Jr.'s (“Plaintiff”) motion to compel Defendant Sierra Mountain Express, Inc.'s (“Defendant”) further responses to request for production of documents (set one) is ruled upon as follows. This is a putative class action and representative action pursuant to the Private Attorneys General Act of 2004, Cal. Lab. Code. § 2698 for various Labor violations. Plaintiff's proposed Class cons...

Excerpt: ...as required by Local Rule 1.06(D). Moving counsel is ordered to notify opposing counsel immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff/Cross‐Complainant appears without following the procedures set forth in Local Rule 1.06(B). Legal Standard In evaluating a motion for summary judgment or summary adjudication, the Court engages in a three‐step process. First, the...

Excerpt: ...0 or CRC Rule 3.1110(a). Moving counsel failed to comply with CRC Rule 2.111(3) and Rule 3.1110(b)(3)‐(4). This action was commenced in December 2020 with a complaint asserting against defendants T&CW LLC; Town and Country West, GP; and Janak Mehtani various claims including but not limited to breach of contract, breach of the covenant of quiet enjoyment, conversion and fraud. Despite being served with the summons & complaint in January 2021, T...

Excerpt: ...hat she was an employee of CDPH who was constructively discharged after a series of conflicts with her supervisor, Dietzen. (See generally, FAC.) The FAC alleges the following causes of action: (1) discrimination based on age under the California Fair Employment and Housing Act ("FEHA"); (2) harassment (FEHA); (3) disparate treatment in violation of public policy; (4) failure to prevent harassment, discrimination, and retaliation (FEHA); (5) reta...

Excerpt: ...ch is not applicable to Defendant Celtic, or, in the alternative, should be stricken because Defendant Celtic failed to timely notice the motion; and (2) other fees requested in item number 16, in the amount of $108.50 on grounds that Code of Civil Procedure section 1033.5 prohibits the recovery of postage costs. Plaintiff filed a notice of non‐opposition to Defendant Celtic's motion for summary judgment, which was granted on August 17, 2021. (...

Excerpt: ...uilder Services Group, Inc. and its predecessor TruTeam of California, Inc. BSGI moves for an order quashing Defendant/Cross‐ Complainant Jeff Cable's (“Cable”) four deposition subpoenas for production of business records, served on Cable's counsel on September 13, 2021, directed to the following non‐parties: (1) Knauf Insulation; (2) Johns Manville; (3) CertainTeed; and (4) Owens Corning Insulating Systems, LLC. BSGI alleges the subpoena...

Excerpt: ...y Plaintiff immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, 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. This is a lawsuit to recover funds from Defendant Khushvir Singh for amounts owed pursuant to an educational loan document executed in 2009. Moving Defendant Swarnjit Sekhon is allege...

Excerpt: ..., “Plaintiffs”) filed a Notice of Non‐Opposition to this motion stating they do not oppose Kindred's motion for summary judgment. Kindred's request for judicial notice of the Complaint in this action and death certificate pertaining to Nhia Vang is granted. Plaintiffs filed this action on January 12, 2021, against Sutter Valley Hospitals dba Sutter Medical Center, Sacramento (“Sutter”) and Kindred. The Complaint alleges a cause of actio...

Excerpt: ...intiffs Prestige Legacy, LLC (“Prestige”) and Cecila Gines' (“Ms. Gines”) (collectively, “Plaintiffs”) motion for preliminary injunction is DENIED. Factual and Procedural Background This is a nonjudicial foreclosure case that was filed on August 25, 2021. Prestige is the owner of real property located at 4625 Parker Avenue, Sacramento, CA 95820 (the “Property”). Ms. Gines is the sole member of Prestige. Ms. Gines contends the Prop...

Excerpt: .... The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator shall make Plaintiff available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be THURSDAY, DECEMBER 9, 2021, to participate in oral argument. To appear on Zoom te...

Excerpt: ...displaying their name and address with return address information that contained the phrase “Prenatal Screening Program.” Plaintiff alleges Defendant disclosed in a common manner Plaintiff's and class members' sensitive and private personal medical information regarding their pregnancy. Specifically, Plaintiff alleges that on or about November 29, 2018, she was pregnant with her first child and underwent a prenatal screening exam that was han...

Excerpt: ... and Jackie Hagen's fifth cause of action for unlawful business practices and unfair competition practices per Business & Professions Code section 17200 alleged in their third amended complaint (“TAC”). The demurrer is ruled on as follows. Defendants specifically demur to the fifth cause of action on grounds that it fails to state facts sufficient to constitute a cause of action. The notice of motion does not provide notice of the Court's ten...

Excerpt: ...ion was “substantially motivated” by a violation of public policy. This action arises out of Plaintiff's termination by Defendant on December 20, 2017. Plaintiff filed his complaint on December 12, 2018. (ROA 1.) On October 8, 2020, the Court granted Plaintiff leave to amend to file his first amended complaint (“FAC”). (ROA 72.) On April 29, 2021, the Court sustained, with leave to amend, Defendant's demurrer to the FAC. (ROA 94.) Defenda...