Excerpt: ...Keven Terry and Karan Terry's Motion to Strike portions of the First Amended Complaint is granted as follows: The matter was continued to this date to allow the filing of a compliant meet and confer declaration that meets the requirements of CCP 430.41. The declaration filed by Nicholas Lazzarini meets those requirements. A motion to strike is appropriate to strike out any irrelevant, false or improper matter asserted in any pleading and the ...

Excerpt: ...ant”) Motion to Compel Plaintiff Jonathan Billiet (“Plaintiff”) to Arbitration is DENIED. Plaintiff worked for Defendant from August 15, 2017 to May 19, 2018. On May 24, 2019, Plaintiff filed this action against Defendant, alleging violations of the Private Attorneys General Act of 2004, Labor Code section 2698 et seq. (“PAGA”), including meal period violations, rest period violations, and a failure to pay missed meal period premiums. D...

Excerpt: ... Demurrer to the Defendant May‐Han Electric Inc. dba M&M Electric's (“Defendant”) Answer is SUSTAINED with leave to amend. This action arises from an incident where an underground gas line exploded near Plaintiff's home, allegedly damaging Plaintiff's property. Plaintiff filed her Complaint on July 8, 2019, and Defendant filed its Answer on August 19, 2019. Defendant's Answer contains four affirmative defenses. Plaintiff argues that the dem...

Excerpt: ...39;s Motion for Summary Judgment is denied. Defendant Candalla's Evidentiary Objections to the late filed reply evidence are granted. Plaintiff seeks summary judgment against defendant Maria Candalla. In this action self‐represented Plaintiff alleges causes of action for professional negligence/medical malpractice and for violation of the Bane Act stemming from care he received while in the custody of the Sacramento County Sheriff's Dep...

Excerpt: ...ets' Motion to Amend Minute Order issued on August 20, 2019 to correct clerical error is ruled on as follows: On August 20, 2019 the Court issued a minute order awarding plaintiff $11,305 in attorneys fees. No request for oral argument had been made. The order became final. Moving party filed this motion within 10 days, contending that there was a clerical error in the math calculation to reach the amount of attorneys fees awarded. Vorobets s...

Excerpt: ...1. Defendant seeks to compel contractual arbitration in accordance with the Synchrony Bank/Walmart Credit Card Agreement. When presented with a petition to compel arbitration, the initial issue before the court is whether an agreement has been formed. (American Express Co. v. Italian Colors Restaurant (2013) 570 U.S. 228, 233 [133 S.Ct.2304, 2306, 186 L.Ed.2d 417] [arbitration is a matter of contract]; Pinnacle Museum Tower Assn. v. Pinnacle Mark...

Excerpt: ... requested, the parties must at the time oral argument is requested notify the clerk and opposing counsel of the specific grounds for the motion 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. *** Plaintiff in pro per Taylor's third Motion for Judgment on the Pleadings is DENIED, as follows. Plaintiff's declaration in support of t...

Excerpt: ...dant Wellspace Health's motion for summary judgment or in the alternative, summary adjudication as against plaintiff in pro per is ruled on as follows. Moving counsel failed to comply with CRC Rule 3.1350(b) and (h), requiring that issues presented for summary adjudication be set forth in the notice of motion and repeated verbatim in the separate statement. Moving counsel failed to comply with CRC Rule 3.1350(g), requiring a single volume of evid...

Excerpt: ...nt Corey Travis' motion for summary judgment or in the alternative, summary adjudication as against plaintiffs in pro per is ruled on as 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 plaintiffs in pro per and advise them of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving co...

Excerpt: ...ww.saccourt.ca.gov. *** *** If oral argument is requested, the parties are directed to notify the clerk and opposing counsel at the time of the request which of moving defendant's six (6) Undisputed Material Facts and/or which of plaintiffs' seven (7) Additional Material Facts 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 iss...

Excerpt: ...iff Northern California Collective Service, Inc.'s (“Plaintiff”) motion to compel defendant the Shutter Source USA, Inc. (“Defendant”) to serve further responses to Plaintiff's request for production, set two, numbers 8, 13, 15, 17, and 18 is ruled upon as follows. Plaintiff is the assignee for collection for State Compensation Insurance Fund. Plaintiff's collection complaint, filed March 7, 2018, alleges two common counts for an open...

Excerpt: .... Additional information regarding this policy can be found on the Court's website at www.saccourt.ca.gov. Plaintiff Richard Smigelski's (“Plaintiff”) motion for an order requiring Defendants to send a corrective notice pursuant to this Court's March 11, 2016, and April 22, 2016 Orders is ruled upon as follows. Factual and Procedural Background Plaintiff filed this instant action on November 17, 2015. Originally, Plaintiff only asserted a sin...

Excerpt: ...efendant Becky Sunahara's Motion to Set Aside Default and Quash Service of Summons is denied. This matter was continued from September 4, 2019 after oral argument for further briefing. Plaintiff's supplemental opposition presents evidence that defendant responded to his May 2012 emails about the legal fees she owed him in excess of $12,000, therefore showing she was aware of the sums due for his legal services. Defendant told plaintiff sh...

Excerpt: ...licy Regarding Availability and Unavailability of Official Court Reporters. Additional information regarding this policy can be found on the Court's website at www.saccourt.ca.gov This matter was continued to this date from September 12, 2019. The parties were directed to meet and confer on a possible protocol for inspection of plaintiff's smart phones and computers. The Joint Statement filed September 20, 2019 states that the parties have be...

Excerpt: ...tion subpoenas is ruled upon as follows. This is an action for negligence, sexual battery and battery between a high school teacher and his minor student. Trial has been continued three times. Trial was initially scheduled for 5/7/2018. Plaintiff moved to continue trial pursuant to the parties' stipulation. The Court granted the motion and rescheduled trial for 9/11/2018. The Court's order stated that “all the statutory deadlines, including dis...

Excerpt: ...row, LLC, Mitchell Lopez and David Siegl's (collectively “Kong Grow”) motion for determination of good faith settlement is granted. The parties' requests for judicial notice are granted. Plaintiffs California Gown, Green Wave Farm, and Green Wave, Inc. filed their complaint against Kong Grow and non‐moving Defendant Lopez AG Service, Inc., Jeremy Olen, Alfred Lopez, and Alfred Lopez, Jr. Plaintiffs allege causes of action for negligence, ne...

Excerpt: ...rget Corporation and Chris Nezbeth's motion for summary judgment, or in the alternative, summary adjudication, is ruled upon as follows. In this slip and fall action, Plaintiff Brandie Daniel alleges a cause of action for premises liability against Defendants. Plaintiff alleges that she was injured when she slipped and fell on a “wet substance” during an April 8, 2017 visit to a Target store on Fulton Avenue. Any party may move for summary ju...

Excerpt: ...at www.saccourt.ca.gov. Defendants Walter Dahl and Dahl Law's motion to strike portions of Plaintiffs Emily and Clinton Walker's first amended complaint (“FAC”) is ruled upon as follows. The parties' requests for judicial notice are granted. In this legal malpractice action Plaintiffs allege causes of action for professional negligence, breach of fiduciary duty and breach of contract against Defendants. Plaintiffs allege that Defendants repre...

Excerpt: ...andez and Santos Ruiz's unopposed petition to compel is granted. Petitioners purchased a used car from Pars Auto Wholesale, Inc. pursuant to a Retail Installment Sales Agreement (“RISC”) which was later assigned to Westlake Services, LLC. The RISC contains an arbitration provision requiring arbitration of any claim or dispute related to the vehicle and/or the RISC. Petitioners are permitted to select AAA or any other arbitration organization ...

Excerpt: ...lan Gruenefeldt's unopposed demurrer to Plaintiff Casey Woodbury's third amended complaint is sustained without leave to amend. Plaintiff alleges two causes of action against Defendant for patient abandonment and NIED arising from connection with the treatment and care of his mother Helen Woodbury in April 2016. On June 3, 2019, the Court sustained Defendant's demurrer to these causes of action with leave to amend for failure to state facts suffi...

Excerpt: ...ees and costs pursuant to settlement agreement is ruled upon as follows. Overview This is a lemon law action. On July 2016, Plaintiff purchased a new 2016 Jeep Cherokee. The vehicle was delivered to Plaintiff with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty including, but limited to, various engine, transmission, steering/suspension, and structural defects. Plaintiff filed th...

Excerpt: ...laintiff Eli Aramouni's “motion for decree of involuntary dissolution of corporation [Corp. Code §1800] and appointment of receiver for winding up and liquidating corporate assets [Corp. Code §1803]” is denied, without prejudice as set forth below. Plaintiff's request for judicial notice is granted. In this action, Plaintiff filed his verified complaint against Defendant 1st Choice DVBE, Inc. (“1st Choice”) seeking involuntary dissoluti...

Excerpt: ....ca.gov Defendant HBE Corporation's (“HBE”) Motion to Compel Arbitration of Plaintiff Gudgel Roofing, Inc. dba Yancey Roofing, Inc. (“Plaintiff”) and Stay the Action is GRANTED. Overview This is a construction defect action. On June 18, 2012, HBE entered into a designbuild contract (“Prime Contract”) with Willits Hospital, Inc. dba Frank R. Howard Memorial Hospital to construct the Frank R. Howard Memorial Hospital in Willits, Califor...

Excerpt: ...l not be available in Departments 53 and 54, with exceptions listed in the Court's Policy Regarding Availability and Unavailability of Official Court Reporters. Additional information regarding this policy can be found on the Court's website at www.saccourt.ca.gov Since both motions are brought on the same grounds and plaintiff has filed a joint opposition to the motions, the Court issues one ruling for both motions. Evidentiary Objections Garvey...

Excerpt: ...iff Kent Taylor's (“Plaintiff”) Motion to Reclassify this Action from “Limited Civil” to “Unlimited Civil” is DENIED. This is a landlord‐tenant action. On August 8, 2019, this Court granted Defendant Logos Property Investments LLC's ("Defendant") Motion to Reclassify Case From "Unlimited Civil" to "Limited Civil." (ROA 133.) In its ruling, the Court explained, “A motion to reclassify an unlimited case t...

Excerpt: ...oila Esparaza's (“Plaintiff”) Motion to Compel Defendant Lefever Mattson Property Management (“Defendant”) to comply with its responses to Plaintiff's Request for Production (“RFP”) (Set One), Nos. 1‐4 and 8‐10 is ruled on as follows. In this action, Plaintiff alleges that Defendant wrongfully entered Plaintiff's rental unit and damaging and/or stealing items of Plaintiff's personal property. Plaintiff alleges causes of action aga...

Excerpt: ...icial Court Reporters. Additional information regarding this policy can be found on the Court's website at www.saccourt.ca.gov On May 20, 2019, the Court entered an order granting preliminary approval of class action settlement, thereby preliminarily approving the terms of the settlement. By this motion, Plaintiff now seeks final approval of the settlement. This is a wage and hour action brought by Plaintiff on behalf of a class of approximately ...

Excerpt: ...ive September 23, 2019, official court reporters will not be available in Departments 53 and 54, with exceptions listed in the Court's Policy Regarding Availability and Unavailability of Official Court Reporters. Additional information regarding this policy can be found on the Court's website at www.saccourt.ca.gov In the Complaint, Plaintiff alleges causes of action for breach of contract and foreclosure of security interest against Defendant Cr...

Excerpt: ...dants' motion to re‐open discovery is GRANTED, as follows. Factual Background This action was commenced in September 2016 and both sides have had several different attorneys. The action has been set for trial several times but it has been continued for various reasons, twice at the request of plaintiff and twice at the request of defendants. Of particular note, when the matter was called for trial in March 2019, defendants reported that their a...

Excerpt: ...tiff”) motion to quash the subpoenas issued to Dignity Health Medical Foundation and CVS Pharmacy for Plaintiff's medical and pharmacy records is GRANTED. Defendants' request for judicial notice is granted. This is an employment action in which Plaintiff alleges causes of action for Retaliation for Disclosure of Information to a Government or Law Enforcement Agency and Disability Discrimination against Dignity Health Foundation, Dignity Health ...

Excerpt: ...ion to quash the subpoena issued to the Department of Motor Vehicles (“DMV”) by defendant California Department of Corrections and Rehabilitation (“CDCR” or “Defendant”) is ruled upon as follows. The operative Fourth Amended Complaint alleges a single claim for retaliation in violation of FEHA. Plaintiff generally alleges CDCR retaliated against her and refused to return her to work in retaliation for her 1999 sexual harassment and di...

Excerpt: ...s “Motion to Enforce Settlement Agreement and Enter a Judgment Pursuant to the Terms of the Settlement” is ruled on as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for Dept. 53/54. 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...

Excerpt: ...*** This matter is on calendar for oral argument only. The tentative ruling previously issued by the Court is set forth below. This matter was originally set for hearing on 8/7/2019 but was continued to this date to permit the Court to consider plaintiff's opposition papers and to permit defendants to file a reply to his opposition. The Court, having now considered the opposition and reply papers, issues the following tentative ruling. Defendants...

Excerpt: ...s (“Plaintiff”) motion for preliminary injunction is DENIED. This action concerns commercial real property located at 8633 Antelope North Road, Antelope, California 95843. Plaintiff alleges he is the owner of the property. Plaintiff alleges the property was sold to him by defendant Michael Urbancic pursuant to a Settlement Agreement the parties reached in a separate litigation matter (Case No. 34‐ 2010‐0087710). Plaintiff alleges that und...

Excerpt: ...ccordingly, on or about July 15, 2019, Defendants issued subpoenas for Plaintiff's medical and employment records to determine the veracity of her claims and the nature and extent of her injuries. On July 23, 2019, Plaintiff sent Defendants' counsel a correspondence purporting to meet and confer regarding the subpoenas. Therein, Plaintiff stated that she would be "directing" all subpoenaed third parties to redact responsive docume...

Excerpt: ...ants Melinda Lorenz‐Anderson's ("Lorenz‐Anderson”) demurrer to Plaintiff Nancy Michaels' first amended complaint (“FAC”) is ruled upon as follows. Overview This case follows Plaintiff Nancy Michaels' promotion and subsequent demotion while employed by Co‐Defendant CalPERS. Plaintiff alleges that Lorenz‐Anderson, Plaintiff's coworker at CalPERS, obtained Plaintiff's confidential employment information and delivered it to ...

Excerpt: ... states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)(1)(A).) The grounds for the motion shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice (CCP. § 438 (d) ). The Court properly takes judicial notice of the fact that defendant has...

Excerpt: ...able complaint under the California False Claims Act (“CFCA”). “The court shall limit the scope of discovery if it determines that the burden, expense or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence. The court may make this determination pursuant to a motion for protective order by a party or other affected person.” (CCP § 2017.020(a).) “[...

Excerpt: ...asons unknown, this Department did not receive Plaintiff's opposition to the demurrer or Defendants' reply thereto prior to the publication of the Tentative Ruling, both of which were timely filed. Desiring to consider the matter with the benefit of full briefing from all Parties, the Court vacated the tentative ruling and continued the matter to today's date. Plaintiff filed his Complaint on or about May 23, 2019,in propria personaal...

Excerpt: ...nterprise Co. (“HP”) and Yee‐Wee Chen Wang's (“Wang”) (collectively “Defendants”) motion for protective order is ruled upon as follows. This is a personal injury case involving a vehicle collision. Plaintiffs allege that Wang and, her employer, HP, are liable for their injuries. According to Defendants, moments prior the accident Wang was driving at or below the speed limit and was reasonably attentive to her surroundings when an un...

Excerpt: ...h, and based on the purported lack of authorization, seeks indemnity and breach of fiduciary duty from Franklin. Defendant Franklin contends that he has already been determined to be plaintiff's agent, in a related action brought by the third party, Lonich, against Blakefield. Blakefield, as the alleged principal, alleges causes of action for Equitable Indemnity, Breach of Fiduciary Duty, and Tort of Another against Franklin, the his agent. I...

Excerpt: ...nating, issue, evidentiary and monetary sanctions against defendant Raptis and to compel the latter's further responses to special interrogatories and requests for production is GRANTED IN PART and DENIED IN PART, as follows. To the extent this motion seeks issue and/or evidentiary sanctions, moving counsel failed to comply with CRC Rule 3.1345(a)(7). Factual Background The facts of this case are well known to the court as a result of the inordin...

Excerpt: ... served Form Interrogatories (Set One), Special Interrogatories (Set One), and Requests for Production of Documents (Set One) on Plaintiff's counsel, Berg Injury Lawyers. Defense counsel granted multiple extensions for Plaintiff to respond. On March 11, 2019, the Court granted Frederick J. Sette's motion to be relieved as counsel. Since that date, Plaintiff has proceeded in pro per. Defense counsel continued to seek discovery responses from Plain...

Excerpt: ...t to invalidate the automatic 30‐day extension Defendants' obtained pursuant to CCP § 430.41(a)(2) and then affirm the defaults entered as to defendants Tanya Escay and Robert Rominski and issue an order that Plaintiffs “be allowed” to request entry of default on defendants Alan Feng, Louis Small, and Bobbie Delaney. In short, Plaintiffs “motion” is not a proper motion. Plaintiffs have not cited to any legal authority supporting the ba...

Excerpt: ...de her default entered July 10, 2014 and default judgment entered on April 23, 2015 pursuant to CCP 473.5 (no actual notice), 473(d), and the Court's inherent power to set aside a void judgment. She also moves to quash service of summons due to lack of jurisdiction under and CCP 418.10(a)(1). The proof of service of the registered process server states that defendant was personally served on May 8, 2014 at 140 Glenwood Cir., Roseville, CA 956...

Excerpt: ...ous disposition and possessed dangerous propensities in that the aforementioned dog had bitten, attacked, and/or injured other individuals, including but not limited to attacking/biting an individual in the one week prior to the incident, which JOSEPH had knowledge of. JOSEPH'S placement and exposure of the aforementioned dog around children and/or the public with knowledge of the prior attack(s)/bite(s) was outrageous, willful, malicious des...

Excerpt: ... causes of action: (1) FEHA age discrimination; (2) FEHA harassment; and (3) FEHA retaliation. Defendants demur to each cause of action on the grounds they fail to state facts sufficient to state a cause of action. Defendants also move to strike Plaintiff's claim for punitive damages. Defendants filed a single “demurrer and motion to strike” rather than a separate demurrer and a separate motion to strike. Accordingly, the Court addresses both...

Excerpt: ...in the SAC and attached thereto. In this PAGA action, Plaintiffs (product demonstrators at Costco Warehouses) contend defendants Club Demonstration Services, Inc. (“CDS”) and WDS failed to provide suitable seating at their workstations in violation of California law. On July 12, 2019, this Court granted WDS' motion for judgment on the pleadings on the ground plaintiff Christen Bare untimely exhausted and filed her PAGA claim and the First Ame...

Excerpt: ...ecedent suffered a fall and a pressure ulcer while in defendant's care, as well as developed sepsis “as a result of an infectious process which developed as a result of deplorable, unsanitary conditions[.]” (Compl., ¶28.) In 2018 plaintiffs served an inspection demand by which they sought to inspect, measure, photograph and videotape defendant's facility, including the room which decedent occupied, the “general area where [the decedent] re...

Excerpt: ...e driver of one vehicle with Ms. Hurtado as his front seat passenger. Defendant Moreno was the driver of the other vehicle with his brother and two friends as passengers. Defendant attempted to make a U‐turn from the number two lane when his vehicle came into contact with Plaintiffs' vehicle, which was in the number one lane. On January 4, 2019, the February 11, 2019, trial date was vacated. The Court ordered that pursuant to the parties' stipu...