Excerpt: ...laintiff fails to state facts showing his termination 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 41.) On April 29, 2021, the Court sustained, with leave to amend, ...

Excerpt: ...of action for "fraud and deceit" in the Cross‐Complaint of Defendant and Cross‐Complainant Sourdough & Co., Inc. on the basis that the conduct giving rise to this cause of action includes the plaintiff's filing of this lawsuit which is alleged to constitute the cross‐complainant's damages. Plaintiffs and Cross‐Defendants Gurpreet Brar, Harman Brar, Amanpreet Toor, Sukhdev Singh and Arvinbrar, Inc. ("Plaintiffs") have brought a complaint a...

Excerpt: ...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&CW LLC chose not to respond to the complaint because it ‘understood it was being sued erroneously.' T&CW LLC's default was entered on 6/10/2021. Moving Papers. On 10/...

Excerpt: ...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. The notice of motion also does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Defendant Davis' “Response” to the present motion does not comply with CRC Rule 3.1110(b)(1), which requires the date, time and dep...

Excerpt: ...o 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, along with the correct address for Dept. 53/54. 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. Overview This action arises out of plaintiff's purchase of a used vehicle from defendant in July 2020. Plai...

Excerpt: ...eview by the 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, which is commonly utilized by both federal and state courts, assures class members of the protection of procedural due process safeguards and enables a court to fulfill its role as the guardian of the...

Excerpt: ... of the Fair Employment and Housing Act arising out of his employment with defendant. Allegations of FAC Plaintiff alleges that in March 2017, Plaintiff learned from the staff that he supervised about an alleged inappropriate intimate/sexual relationship between Defendant Alvarez, plaintiff's supervisor, and a female subordinate staff member supervised by Plaintiff. In or about March 2017, Plaintiff reported to management his and his staff's conc...

Excerpt: ... Snyder, in which she pleaded a single cause of action for defamation in connection with the termination of her employment. (RJN, Exh. A; ROA 1.) On September 8, 2020, Plaintiff moved for leave to file her FAC to add Neil DeBlock as a defendant and to add causes of action for wrongful termination against public policy (against Zurich only) and violation of the Tom Bane Civil Rights Act. (Civ. Code § 52.1, et seq.) (against all Defendants). (RJN,...

Excerpt: ...rs until his involuntary termination on or about November 20, 2020. (Complaint ¶ 17.) Plaintiff's last position was Team Lead and Plaintiff was 55‐years old at the time of termination. (Complaint ¶ 17.) On or about February 22, 2019, Plaintiff suffered a workplace injury resulting in a disabling hernia condition that required modified duty for Plaintiff. (Complaint ¶ 18.) While on modified duty, Plaintiff's supervisor, Ryan Smith, forced Pla...

Excerpt: ...pursuant to Code of Civil Procedure section 430.10(e), (f), and (g) contending the pleading fails to state facts sufficient to constitute a cause of action, is uncertain, and fails to specify whether the alleged contract is written, oral, or implied by conduct. A complaint must contain a statement of the facts constituting the cause of action in ordinary and concise language. (Code Civ. Proc. § 425.10(a)(1).) The complaint must set forth the ess...

Excerpt: ...onal infliction of emotional distress, and negligent infliction of emotional distress. The FAC alleges that Plaintiff had a homeowner's insurance policy with Defendant as the insurer. The FAC also alleges that on July 1, 2016, Plaintiff's house suffered substantial and extensive damage when a large fire started at Plaintiffs neighbor's house, and then spread to Plaintiff's house. Immediately after the fire damage to Plaintiff's house, Plaintiff t...

Excerpt: ...ntal Concepts (“Defendant”). In the instant motion, Plaintiff seeks a protective order requiring that her deposition not be taken in‐person, and that instead be taken using remote technology. Defendant opposes the motion and seeks an in‐person deposition. Request for Judicial Notice Defendant's Request for Judicial Notice, which attaches materials from the Centers for Disease Control website, is unopposed and is granted. (See e.g. Tenet H...

Excerpt: ...ict liability under California Civil Code Section 3342, general negligence, and negligent infliction of emotional distress. Plaintiffs allege a dog attacked minor Plaintiff Arianna Hedding at the backyard of the property located at 8937 Robbins Road, Sacramento, California. Plaintiffs' pleading alleges that Defendants were the dog owners, possessors and/or keepers of a dog that, without provocation, bit minor Plaintiff Arianna Hedding‐Kelton, c...

Excerpt: ...§§ 473(b), 473.5, and 473(d). Defendant also seeks to quash service of summons. Plaintiff opposes this motion as untimely and argues Defendant was properly served. CCP § 473(b) Defendant seeks to set aside the default and default judgment pursuant to CCP § 473 (b) “based on inadvertence, surprise, or excusable neglect.” (MPA 3:9‐11.) Defendant does not elaborate what inadvertence, surprise, or excusable neglect supports his motion but r...

Excerpt: ...r alleged pretextual firing. Trial is currently set for March 7, 2022. The Honorable David Brown (Ret.) has been serving as the discovery referee in this action. The Court granted Plaintiffs' prior request to continue the hearing on Defendants' Motion for Summary Judgment (“MSJ”) and moved the hearing from September 2, 2021, to December 15, 2021. Plaintiffs now seek to strike Defendants' MSJ on grounds that Defendants have failed to provide �...

Excerpt: ...nt to CCP §425.16. (ROA 152, 8/4/2021 Order.) In denying the antiSLAPP motion, this Court found that Parker failed to satisfy his threshold burden to show that Plaintiffs Freidberg Law Corporation and Freidberg & Parker, LLP's (collectively “Freidberg”) Third Amended Complaint arose from protected activity. In so ruling, this Court concluded that Parker had not established that O&C Creditors Group, LLC v. Stephens & Stephens XII, LLC (2019) ...

Excerpt: ...ar degeneration and began receiving injections in his eyes. He alleges that dismissed defendant California Pharmacy and Compounding Center, Inc. (“CPCC”) compounded the injected drug‐‐Bevacizumab‐‐and sold it to Defendant, which administered the injections. Bevacizumab is an "off label use of Avastin." According to Defendant, he received an injection from a syringe that CPCC supplied and that was contaminated with silicone. The contam...

Excerpt: ...allegedly unpaid to Plaintiff, the resident manager of an apartment complex owned by Defendants. Defendants allege Plaintiff was an independent contractor. The special interrogatories at issue are related to Plaintiff's claims seeking to recover penalties under the Private Attorneys General Act and seek contact information for other similarly situated/aggrieved managers. Plaintiff propounded the subject discovery on December 9, 2020. An identical...

Excerpt: ... asked improper legal contention questions. Plaintiff claims that the questions were improper under Rifkind v. Superior Court (1994) 22 Cal.App.4th 1255, but defense counsel disregarded the law and continued to ask improper questions. Plaintiff's motion is brought pursuant to Code of Civil Procedure section 2025.420. Section 2025.420(a) states: “Before, during, or after a deposition, any party, any deponent, or any other affected natural person...

Excerpt: ...dant Board of Trustees of the California State University's (“Board”) demurrer to Plaintiff Angela Sutherland's third amended complaint (“TAC”) is ruled upon as follows. Overview This is a FEHA disability, gender, age discrimination, harassment, retaliation, and failure to accommodate action. Plaintiff also asserts associational disability discrimination, harassment and retaliation due to her daughter's and sister's age, gender and disabi...

Excerpt: ... not the same as the caption on the original complaint. Plaintiffs' counsel is advised that the caption on the original complaint is the caption which should appear on all subsequent pleadings and this caption ordinarily does not change even with the subsequent addition or dismissal of parties. In addition, it appears that plaintiffs have over the course of this litigation added a number of new defendants but have not utilized the Doe amendment p...

Excerpt: ...to the Declaration of William Wright is are overruled. Plaintiff alleges in his Complaint that he was subject to discrimination and harassment in the workplace, and "[a]s a proximate result" of the alleged conduct "[P]laintiff was hurt and injured in Plaintiff's health, strength and activity, sustaining injury to Plaintiff and shock an injury to plaintiffs nervous system and person, all of which have caused and continue to cause Plaintiff severe ...

Excerpt: ... Bank and gave a Deed of Trust (“DOT”) as security for payment of the loan. In 2014 plaintiffs obtained a modification of their loan, which modification included a variable interest rate that would adjust annually in August of 2019 through 2023 with the first adjusted payment being due on September 1 of each of those years. In 2018 the loan was assigned to US Bank and in 2019 Mr. Singleton filed for Chapter 13 bankruptcy protection. While the...

Excerpt: ...fied Services, Inc. employment and termination of Susana Oh's employment based upon her perceived inability to perform essential duties of her work. Approximately four and a half months after her termination, Ms. Oh committed suicide. Ms. Oh's heirs now seek to recover damages against Ms. Oh's former employer, defendant Crossroads Diversified Services, Inc., and her former manager at Crossroads, Zang Fang, for allegedly causing her death. Defenda...

Excerpt: ...local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background In this putative class action plaintiff alleges that defendant City supplied and distributed “aggressive, corrosive, and substandard water” which caused properties plumbed with copper piping to experience “pinhole leaks” beginning in July 2020. The 1AC purports to assert five causes of action against City for negligence, nuisance, breach...