Excerpt: ...ior to that hearing explained that the Court was declining to consider the last four pages of the moving papers because they exceeded the page limit. However, during the hearing, counsel explained that they had numbered the brief's pages so as to include the table of contents, table of authorities, and caption, which do not count toward the 15‐page limit stated in Rule of Court 3.1113. The Court will therefore proceed to analyze the substance o...

Excerpt: ...n Cross‐Complainant Janak K. Mehtani (“Mehtani”) and Cross‐Defendant Raj Sharma (“Sharma”) and a lease agreement between CrossComplainant Town and Country West G.P. (“Lessor”) and Cross‐ Defendant Eden Gardens Center, LLC (“Lessee”). Mehtani is the managing partner of Lessor and Sharma is the CEO of Lessee. Joint Venture Agreement On or about March 31 through April 2, 2018, Sharma and Mehtani entered into a written joint ven...

Excerpt: ...ime/caps pursuant to Cross‐Complainant's company policy. Prior to holding the role of Financial Manager/Financial Controller, Byrd was CrossComplainant's Human Resources Manager and was largely responsible for drafting Cross‐Complainant's policy on vacation time and accrual rates. (First Amended CrossComplaint (“FAXC”) ¶¶ 4‐5.) Between March 2020 and September 2020, Byrd intentionally paid herself more than the allowed accrual rate fo...

Excerpt: ...ction in this court in which the defendants seek declaratory relief as to plaintiffs' entitlement to the relief requested herein. See Case No. 34‐2020‐ 00277329. The parties have not filed notices of related case in either case, nor have they sought consolidation. Background Plaintiffs allege they are entitled to be compensated for their services to 3650 REIT in assisting Defendants in their attempts to obtain a large investment from the Cali...

Excerpt: ...nt to state any cause of action against Defendants. Defendants' request for judicial notice is granted. The SAC alleges causes of action for (1) negligence, (2) concealment, (3) intentional misrepresentation, (4) total equitable indemnity, (5) implied indemnity, and (6) comparative contribution. The FAC alleged causes of action for (1) negligence, (2) concealment, and (3) fraudulent inducement. Background In August 2012, HBE Corporation (“HBE�...

Excerpt: ...&S to release the mechanics' lien. (ROA 1.) ProFrame moves to compel arbitration pursuant to the Purchase Order Agreement (the “Purchase Agreement”) the parties entered into on February 10, 2021. The Purchase Agreement is for ProFrame to supply roof trusses to a work of improvement known as The Mansion Apartments located at 700 16th Street and/or 1517 H Street, Sacramento, CA 95811 (the “Project.”) (Withee Decl. ¶ 2, Exh. 1. (Purchase Ag...

Excerpt: ...nd motion to declare the Yeagers vexatious litigants follows this Court's prior ruling of September 26, 2018, which found the Yeagers to be vexatious litigants. (ROA 125.) In support of the prior motion, 14 of the Yeagers' prior litigations were submitted. This Court found eight of those satisfied the vexatious litigant statute, and because that exceeded the five required by CCP § 391(b)(1), held there was “no need to consider” the remaining...

Excerpt: ...s admitted related to Defendant's Request for Admissions, Set Two is DENIED as follows. At the outset, moving counsel is reminded that, in the future, multiple discovery motions should not be combined into a single motion. This motion seeks multiple forms of relief regarding four separate forms of written discovery, each of which contemplates a separate motion. Instead of filing separate motions as to each separate form of discovery, which is pre...

Excerpt: ...f Evidence in Support of Plaintiff Zaka Vera's Motion for Order Compelling the Deposition of Jerry Mina, including Exhibits H and R, filed with this Court on or about March 24, 2021.” (ROA 288.) Plaintiff's request is granted insofar as the Court accepts the fact of its existence, not the truth of its contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that thos...

Excerpt: ...it account with Plaintiff. On January 5, 2021, the Court granted Plaintiff's unopposed motion to deem matters admitted. Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, that Defendant admits he was driving a motor vehicle at the time of the incident, that he failed to drive with reasonable care, that he was the sole cause of the collision with the insured, that he caused the vehicle to be involved in a co...

Excerpt: ...ntiff alleges that in about 2017 and 2018, Plaintiff, and Defendants Zhong and Xie entered into discussions concerning the possibility of a joint enterprise of cultivation cannabis in Mendocino County, California. (Complaint, ¶ 12.) Plaintiff, Zhong and Xie agreed that if properties could be located and a license obtained for cultivation cannabis in Mendocino County, Plaintiff, Zhong and Xie would each own thirty‐ three 1/3 each of the enterpr...

Excerpt: ... on September 21, 2021. Opposition was due by September 24, 2021. Defendant did not file its opposition until September 27, 2021. Nevertheless, the Court considered the opposition. This action involves multiple accidents that occurred on September 26, 2016, on the Yolo Causeway and three actions that have been consolidated. Defendant the Estate of David Miranda's motion for summary judgment is set for October 6, 2021. Plaintiff seeks to continue ...

Excerpt: ...o pay overtime, failed to provide meal periods, failed to provide rest periods, failed to provide accurate wage statements, failed to timely pay final wages, engaged in unfair competition, failed to reimburse expenses, violated the PAGA, failed to pay prevailing wages, and failed to pay reporting time. Plaintiffs have also alleged Defendants are liable for a civil penalties under the PAGA based on these violations. Defendants have denied all of P...

Excerpt: ...Conditions and Restrictions (“CC&Rs”). The WBR consists of 237 homes which Plaintiffs allege is an equestrian community with a riding arena and trials. Plaintiffs allege that they purchased their home in February 2016 and moved in with their two horses. At the time they allege that the riding arena was in useable condition was regularly maintained by WBR. Plaintiffs allege that in October 2019 the Board of WBR stopped maintaining the riding a...

Excerpt: ...etable. At issue on this motion are Plaintiff's responses to Defendant's second set of special interrogatories and second set of request for production. There are approximately 190 interrogatories and 3 related requests for production and involve the sulfite or sulfur dioxide levels (“SO2”) of the allegedly damages wine. Defendant filed a voluminous 474 page separate statement and Plaintiff responded with a 969 page opposition separate statem...

Excerpt: ...ing 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. *** Defendants Matheson Postal Services, Inc. (“MPSI”) and Darrel Cowan's (“Cowan”) (collectively “Defendants”) motion for summary judgment against Plaintiffs Jason (“Jason”) and Robert Jaffe's (“Robert”) (collectively “Plaintiffs”) complaint is ruled upon as fo...

Excerpt: ...ssed 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. *** Defendant/Cross‐Defendant Norman S. Wright Mechanical Equipment Corp.'s (“NSW”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. I. Overview This is an action involving the construction of the Hampton Inn, a fo...

Excerpt: ... motion for summary judgment. (ROA 53.) On 7/28/2021, Plaintiffs dismissed the action without prejudice. (ROA 65.) Defendant filed its memorandum of costs on 8/17/2021. (ROA 69.) Defendant seeks a total of $9,021.35 in costs. Legal Standard “[T]he Legislature enacted Code of Civil Procedure section 1033.5, to expressly define the term “costs” as used in Code of Civil Procedure section 1032, the principal statute governing the right of a pre...

Excerpt: ...��MKI”), dba Precision M.D. Cosmetic Surgery Center (“Precision”) and Mahmoud Khattab ("Khattab") (collectively “Plaintiffs”) allege that Defendants formed a joint plan to defraud and deceive MKI. Plaintiffs allege that MKI employed licensed and experienced plastic surgery medical staff, but Precision is now operated by another medical doctor, and the practice of medicine and all medical personnel are supervised by this doctor. MKI curr...

Excerpt: ... 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 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. Both the movin...

Excerpt: ...n action was commenced on 8/2/2019 and on 1/21/2020, plaintiff filed a proof of service which avers that substituted service of summons & complaint was effected on defendant Scurlock on 1/15/2020 at 3257 12th Avenue in Sacramento. More than a year later plaintiff filed on 5/5/2021 a request for entry of default and default judgment against defendant Scurlock. Default was entered the same date, with a default judgment for just over $4,000 later en...

Excerpt: ....1110(a). Factual Background This personal injury action arises out a 2017 motor vehicle accident. Trial was originally set to commence in 2019 but it has been continued several times. Relevant here is the most recent trial date of 7/12/2021, before which the parties made their initial expert designations on 5/24/2021 and based on this date, the parties' supplemental designation of experts, if any, were due on or before 6/14/2021 (since 6/13/2021...

Excerpt: ...Rule 3.1110(b)(1). All of the reply papers fail to comply with CRC Rule 3.1110(b)(1) and (3)‐(4). Factual Background This lawsuit arises out of a September 2020 contract whereby FTP agreed to construct a pool for defendants, who in turn agreed to pay for the pool. The parties agreed to a first addendum to the contract in early November 2020 and a second addendum in January 2021, with the latter calling for a final payment of roughly $12,500 fro...

Excerpt: ... paid, laid out, and expended to or for Defendant at Defendant's special instance and request. Plaintiff's request for judicial notice is granted. The request for judicial notice shows that Plaintiff's request for admissions to Defendant were deemed admitted on February 28, 2020. When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: “the complaint states facts sufficient to constitute a cau...

Excerpt: ... 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 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. Factual Background According to the 2AC, plai...