Excerpt: ...ense by the Board in 2004. He practiced without incident for almost a decade. In 2013, he pled no contest to several felony and misdemeanor sex offenses. He was sentenced to five years of probation and was required to register as a sex offender pursuant to Penal Code section 290. As a result of his conviction, the Board revoked his license pursuant Business and Professions Code section 2232, which provides the Board, subject to certain exceptions...

Excerpt: ...ant was employed by Paladin Private Security and that Defendant, and others, “without any warning, justification, or provocation, or legal authority,…repeatedly and physically attacked, tased, assaulted, battered and detained Plaintiff, and did so with such force as to cause Plaintiff to sustain serious physical injuries…” (FAC ¶¶ 15, 20.) He alleges that Defendant acted intentionally and intended to cause Plaintiff to apprehend and imm...

Excerpt: ...s. She also seeks to quash service of summons. At the outset, while Defendant makes both a motion to quash and a motion to set aside, given Defendant is currently in default, the only motion that she may properly make is one to set aside the default. As Defendant's default has been entered by the Clerk and not yet set aside, the Court has lost jurisdiction to address any action by the defaulted defendant other than a motion to vacate entry of def...

Excerpt: ...motion was served by mail and email on August 8, 2019, which is only 16 Court days before the hearing. If Plaintiff provides such proof the following will become the Court's ruling. If no proof is provided, the motion will be dropped for defective service. The trial court has broad discretion to determine whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App.3rd 1117, 1138.) Newberg on Class Acti...

Excerpt: ...ntage rent clause in a lease of real property between Defendant and Plaintiff's predecessor‐in‐interest. Plaintiff alleges that it now holds all rights of its predecessor‐in‐interest under the lease. Plaintiff seeks leave to file a first amended complaint to add two new causes of action seeking significant damages for breach of lease against Defendant and breach of a guaranty against new Defendant Raley's who Plaintiff contends guaranteed...

Excerpt: ...dressed to the court's discretion.” (Pomona Fed. Plaza v. Inv. Concepts (1988) 203 Cal.App.3d 217, 221.) The purpose of allowing such motions is to “compel reasonable diligence in the prosecution of actions, thereby expediting the administrative of justice.” (Id.) This action was filed on June 13, 2016 ‐ just slightly more than three years ago. Although it has not been brought to trial within three years, the Court finds that Plaintif...

Excerpt: ...efendant's motion for judgment on the pleadings without leave to amend in April 2015 on the basis that the action was untimely. Following an appeal, the case was remanded to allow Plaintiff leave to amend. Specifically, the Third DCA ruled that Plaintiff was “entitled to reversal with a remand for an opportunity to amend her complaint to satisfactorily plead the March 2012 DFEH complaint.” Plaintiff filed her third amended complaint in No...

Excerpt: ...ant knew or should have known the apartment was infested with mold when they rented it to Plaintiffs. They further allege that they complained to Defendant about the mold, but that Defendant did nothing to remedy the problem. Finally, they allege the mold has caused a variety of health problems and forced them to move out of the apartment. Based on these allegations, they assert two causes of action, captioned (1) negligence ‐ breach of the war...

Excerpt: ...bjections Declaration of Frick: The declaration filed May 30 is inadmissible because it was not signed under penalty of perjury. However, the Amended Declaration filed August 9 is under penalty of perjury and cures that defect of the original declaration. Overruled as to No. 1, 4, 5, 6,7, 9, 13, 16. Sustained as to No. 2 as to purported personal knowledge" of statements in the declaration, Sustained as to No. 3, 8, 10, 11, 12, 14, 15 for lack...

Excerpt: ... with California law; (2) failed to authorize and permit all legally required rest periods in accordance with California law; (3) failed to pay all wages earned for all hours worked; (4) failure to provide accurate written wage statements; (5) failed to timely pay all final wages; (6) failed to reimburse necessary business expenses; (7) engaged in unlawful business practices; (8) owes civil penalties under the Private Attorneys General Act of 200...

Excerpt: ...defendants”) is denied. Graspointner's request for judicial notice is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Cross‐defendants' objections to the invoices submitted by Graspointner as Exhibits AC...

Excerpt: ...oof of service is filed showing service that complies with CCP 437c(a)(2), the motion will be granted. Plaintiff's Request for Judicial Notice is granted. This is a collection action in which Plaintiff has established by admissible evidence that defendant breached the credit card agreement and that plaintiff has been damaged in the amount of $9,542.92. (UMFS 1‐12) Declaration of Lindsay R. Hogueison. Plaintiff has met its burden. In evaluat...

Excerpt: ...at 6:29 pm. The defaults of each defendant were entered December 19, 2018. The motion is brought only pursuant to CCP 473(b) based on excusable neglect or inadvertence. Motions based on excusable neglect must be brought within 6 months of the entry of default. Therefore, the motion is untimely, as it was not filed until July 19, 2019, approximately one month past the 6 month deadline. The outside time limit for seeking relief under 473(b) is 6 mo...

Excerpt: ... Plaintiff's Request for Judicial Notice is granted. Defendant's Evidentiary Objections Declaration of Martucci: Overruled as to 1, 2, 3, 4. Declaration of Mary Morris: Sustained as to 5, 6, 7, Declaration of Rhudolph Nolen: Sustained as to 21. Otherwise overruled. Plaintiff's Evidentiary Objections Declaration of Sargetis: Sustained as to Nos. 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 28‐33....

Excerpt: ...rmer assistant for Defendants' escrow agents. Plaintiff's Complaint, filed on March 29, 2019, alleges causes of action for (1) disability discrimination; (2) failure to accommodate; (3) failure to engage in an interactive process; (4) disability harassment; (5) failure to prevent discrimination, harassment, and retaliation; (6) retaliation; and (7) wrongful termination in violation of public policy. Legal Standard “In a petition to compel arbit...

Excerpt: ...“Plaintiffs”) Second Amended Complaint (“SAC”) is SUSTAINED. Defendants' request for judicial notice of the recorded land documents is UNOPPOSED and is GRANTED. In 1974, Wilmer Scott and Brenda Scott purchased real property located at 9017 Brydon Way, Sacramento (the “Subject Property”). (SAC ¶11.) On December 1, 2004, Wilmer Scott and Brenda Scott took out a loan for $296,447.13 from Beneficial California, Inc., secured by a Deed of...

Excerpt: ...r Judicial Notice is granted. Plaintiff alleges that her son, Kevin Johnson, orchestrated a scheme with the other defendants to strip nearly $2,000,000 of equity from multiple real properties owned by her. Arletha alleges the lender defendants including Civic Financial knew that Arletha had no interest in the business for which the business loans were made and that defendants should have known that the loans were for the benefit of Kevin Johnson ...

Excerpt: ...insurance policy from Defendants providing “Business Overhead Expense” coverage in the event he became disabled (the “Policy”). (Compl. ¶1.) He alleges that he has been insured for years and consistently made quarterly premium payments on the Policy to the same address. (Id. ¶10.) Plaintiff alleges that in April 2015, Defendants changed their payment address. (Id.) After receiving notice of the address change, Plaintiff alleges that he ...

Excerpt: ...ion arises from personal injuries suffered by Plaintiff as a result of Sutter's alleged wrongful conduct surrounding the August 28, 2017, death of Plaintiff's husband. Plaintiff's husband allegedly received a morphine drip of 250 milligrams over less than 90 minutes, despite an order from his physical for a morphine drip at 1 milligram per hour. This instant dispute concerns the following document request (RFPD, set three, number 13): “The docu...

Excerpt: ... Subpoena”). (King Decl. ¶ 3, Exh. A.) KP Cal moves to quash on the grounds that: (1) the First Subpoena was not personally served on Ms. Ognissanti; (2) the Notice and Subpoena are in defective form because they seek the deposition of an unknown individual named “Christina Ognissanti;” (3) Plaintiff was required but failed to obtain leave of Court to serve the deposition notice pursuant to CCP § 2025.210 as KFHP had yet to appear in the ...

Excerpt: ...f defendant Palm Desert Kitchens, Inc.'s (“Defendant”) failure to comply with this Court's March 23, 2019, Order requiring Defendant to provide verified responses to Plaintiffs' request for production, set one, no later than June 3, 2019. (ROA 15.) Defendant did not oppose the underlying motion to compel and Defendant has failed to comply with the Order. (Calnero Decl. ¶¶ 5‐7.) First, to the extent that the motion seeks an order of contem...

Excerpt: ...case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” Thus, § 664.6 allows the Court upon motion to enter judgment pursuant to the terms of a settlement where the parties stipulated to the settlement. The Court's inquiry in r...

Excerpt: ...d Defendant with a Demand for Inspection of Documents (Set One), which included 17 document requests, on May 15, 2019. (Park Decl. Ex. 1.) On June 19, 2019, Plaintiff received Defendant's responses, in which she objected to each discovery request on the same grounds. (Park Decl. Ex. 2.) On June 24, Plaintiff's counsel served Defendant with a meet and confer letter, describing the purportedly deficient response. (Park Decl. Ex. 3.) Defendant did n...

Excerpt: ...sing 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 in person or by telephone. The moving papers fail to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This action arises out of a commercial transaction for which THI agreed to sell, ...

Excerpt: ...why it had not produced the documents required by the investigational subpoena issued by the Department on June 14, 2018, seeking unredacted medical records for deceased patient 1 (“Patient 1”). Government Code §§ 11180 et seq. set forth the investigative powers of state departments, such as the "Department", how they are to be exercised, and how they are to be enforced. Pursuant to Gov't Code § 11187(a), where a party refuses ...

Excerpt: ... file is granted. On May 14, 2019, this Court granted Plaintiff's Application for Right to Attach Order and Order for Issuance of Writ of Attachment against the real property owned by Michael R. Beile located at 2832 Verna Way, Sacramento, California 95821 and against any “funds in excess of $1,000 in bank accounts” of defendants Sean D. Lively, Michael Beile, and Marisa LeFevre. Plaintiff's other applications were dropped for defective servi...

Excerpt: ...Abuse Act on the basis that Plaintiffs failed to allege facts to show Defendant acted with recklessness, oppression, fraud, or malice. The motion is granted. As seen from the Court's ruling on the demurrer the Court sustained Defendant's demurrer to the Elder Abuse Cause of Action. The only causes of action remaining are for medical negligence and NIED. There is no basis for enhanced remedies under the Act or for punitive damages. The Court need ...

Excerpt: ...gation in Orange County. They claim that three years later they still have not been informed of the status of the complaint and that the CJP is charged with protecting the public from judicial corruption. They allege that Defendants have failed to take adequate action in response to reports of judicial misconduct and improperly hid the nature of its investigations from the public. Plaintiffs also allege Defendants wasted taxpayer funds, and misus...

Excerpt: ...llectively “Defendants”) demurrer to Plaintiff Matthew Davies' (“Plaintiff”) complaint is ruled upon as follows. Defendants' request for judicial notice is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐1...

Excerpt: ...nt (“1AC”) plaintiff alleged he was rear‐ended by a truck, causing his vehicle then to strike the one in front. After the accident plaintiff contacted his insurer to make a claim under the uninsured motorist provision for his policy. The insurer subsequently took a recorded statement from its insured and is alleged to have “made an internal decision that Plaintiff was liable for causing the accident.” Plaintiff retained counsel and file...

Excerpt: ... even if s/he disagrees with the challenge to the pleading. Fong's request for judicial notice is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Overview Plaintiff alleges that beginning in 2015 he worked w...

Excerpt: ...ks terminating and monetary sanctions on the basis that Claimant has not provided the Court ordered responses. For misuse of the discovery process, including as is the case here, disobeying a court order to provide discovery, the Court may impose a terminating sanction by one of the following: an order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process or an order dismissing the actio...

Excerpt: ... was filed in July 2014 with the others being filed in October and November 2014 and March 2015. The actions were consolidated for all purposes through various orders and the matter stayed until completion of the SB800 pre‐litigation procedures. The Court need not remind counsel that a stay order suspends all proceedings in the action to which it applies. Indeed, a stay freezes a court's proceedings at a particular point. Bruns v. E‐Comme...

Excerpt: ... Plaintiff resolved the dispute in favor of Defendant. (Cook Decl. ¶5.) As a result, Plaintiff does not intend to pursue collection of the debt against the Defendant and requests the Court vacate the default and default judgment and dismiss this action without prejudice. (Id.) The Court's inherent equity power” allows the Court to “grant relief from a default judgment where there has been ‘extrinsic' fraud or mistake.” (Weitz v. Yank...

Excerpt: ...udulent health care billing of Medi‐Cal. The case remained under seal until October 22, 2018, when the Court issued an Order reflecting the State's election to decline intervention in the matter. On August 2, 2018, prior to the seal being lifted, Plaintiff filed a Cross‐Complaint against moving Defendant alleging claims of breach of contract, breach of the implied covenant of good faith and fair dealing, wrongful discharge and Labor Code viol...

Excerpt: ...on for loss of consortium. Facts The Court finds the following facts to be disputed, unless otherwise noted. In April 2013, Plaintiff William Fastiggi underwent a surgical procedure to address a left lateral disc herniation at L4‐L5. Defendant Smith performed the left lateral L4‐L5 microdiscectomy. In September 2016, Mr. Fastiggi returned to Dr. Smith complaining of pain. Dr. Smith diagnosed a herniated nucleus pulposus; conservative care to ...

Excerpt: ...ow. The alternative motion for summary adjudication is DENIED in part and GRANTED in part as set forth below. Plaintiff's action asserts employment retaliation and gender harassment. Her claims relate to her participation, experiences in, and ultimate dismissal from University's Department of Anesthesiology and Pain Medicine Residency Program, which is a three‐year graduate program accredited by the Accreditation Council for Graduate Medical Ed...

Excerpt: ...ttlement is committed to the Court's sound discretion. See Cal. Rules of Court, Rule 3.769; Fed. R. Civ. Proc, Rule 23(e); Wershba v. Apple Computer, Inc.(2001) 91 Cal. App. 4th 224, 234‐35.The trial court has broad discretion to determine whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App. 3rd 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases ...

Excerpt: ...omplaint on or about May 23, 2019,in propria personaalleging claims of “discrimination, unlawfully detained [sic], false arrest and imprisonment, unconscionability, harassment in the workplace, sexual harassment, harassment, slander, defamation, libel, child endangerment, civil rights violation, negligence, malic, oppression, wrongful termination, recklessness and fraud.” (Compl. p. 1.) The Complaint attaches hundreds of pages of exhibits, pr...

Excerpt: ...39;s complaint filed January 3, 2017, alleges Failure to Reasonably Accommodate, Failure to Engage in a Good Faith Interactive Process, Disability Discrimination and Failure to Correct Retaliation and/or Discrimination under the California Fair Employment and Housing Act ("FEHA") against her former employer Dignity Health. Lewis also alleges retaliation for using California Family Rights Act ("CFRA") protected leave. The discrimin...

Excerpt: ... common law emotional distress claim. Defendant Sutter Health's recently demurred to the 2AC on various grounds including that plaintiff failed to exhaust her administrative remedies against Sutter Health inasmuch as the latter was not named in plaintiff's administrative complaint. The demurrer was sustained but with leave to amend on 8/19/2019. By the present motion which was filed on 7/10/2019, defendant Sutter Health seeks pursuant to Code of ...

Excerpt: ... to pending litigation stipulate in writing signed by the parties outside the presence of the court…, for settlement of the case,…the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” (CCP § 664.6.) On a 664.6 motion the “trial court merely resol...

Excerpt: ...s directed to contact defendant Tammy Pham and advise 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. 54. If moving counsel is unable to contact Tammy Pham prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. As noted in this Court's 8/8/2019 ruling on defendant Hieu's Motion to Set Aside Default and Default J...

Excerpt: ...egedly tripped and fell on a curb in Defendants' parking lot. The Court issued a tentative ruling granting Defendants' motion for summary judgment. Plaintiff did not file a written opposition to the motion. However, she appeared at the May 30, 2019 hearing and the Court took the matter under submission. On May 31, 2019, the Court issued a ruling indicating that it had “fully considered the arguments of all parties, both written and oral, as wel...

Excerpt: ... 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 in person or by telephone. Moving counsel failed to comply with CRC Rule 2.111(3) and Rule 3.1110(b)(3). This is a personal injury action. Plaintiff failed to respond at all to defendant's discovery...

Excerpt: ...es out of a dispute related to an application for credit. Plaintiff filed the instant action alleging causes of action for breach of contract, common counts and unjust enrichment. It alleges that pursuant to the application for credit and invoices issued pursuant to the application, Defendants owe it $96,589.22. Plaintiff sought a writ of attachment in the amount of $121,589.22 ($96,589.22 alleged outstanding balance + $25,000 anticipated attorne...

Excerpt: ...I and worked out of KSI's office in Sacramento County. Plaintiff alleges that KSI and co‐defendant Intel Corporation (“Intel”) jointly employed Plaintiff. Plaintiff was assigned to perform duties as an Inventory Specialist for Intel. Plaintiff does not dispute that a valid and binding arbitration agreement exists. She instead opposes on the grounds that: (1) Intel was a joint employer and has not moved to compel arbitration, (2) Intel and P...

Excerpt: ...At oral argument plaintiff stated that he could cure the defects of the FAC and leave to amend was granted. Plaintiff then filed a Second Amended Complaint, to which Dr. Molyn again demurred. On May 28, 2019, the Court tentatively sustained the demurrer without leave to amend. After oral argument, the Court again granted leave to amend, but only as to the fraud cause of action. Plaintiff then filed his Third Amended Complaint on June 7, 2019, all...

Excerpt: ...e 7, 2018, and is entitled Joseph Mohamed v. City of Elk Grove, case number 34‐2018‐00234257. The first case is currently pending. In short, in the first case Plaintiff alleged the City breached the terms of the grant deed when the City transferred 78.1 acres worth of Plaintiff's Conservation Rights to Pulte Homes (“Pulte”) without giving notice of the transfer as required by the grant deed. Plaintiff alleged it never authorized the trans...

Excerpt: ...T”). (Compl. ¶¶14, 20, Ex. 2.) Plaintiff alleges that in September 2009, she entered into a loan modification agreement with BANA, in which Plaintiff agreed to submit monthly payments in the amount of $858.18 for 60 months. (Id. ¶16, Ex. 3.) However, on December 1, 2009, Plaintiff alleges that BANA would no longer accept Plaintiff's payment of $858.18 because BANA claimed the payment was less than required. (Id. ¶18.) The loan was then assi...