Excerpt: ...e Court found that the timely objection raised by Defendant as to Evidence Code § 1157 with respect to its initial responses to requests 1‐4 did not apply. As to requests 8‐11, Defendant's initial responses only asserted objections based on vagueness, ambiguity and overbreadth. Defendant did not specifically set forth an objection based on the federal Patient Safety Act, 42 USC § 299 et seq. until it served further responses. Defendant atte...

Excerpt: ...laintiff is owed in access of $48,000, representing the market value of the “petroleum products” delivered but not paid for, and consists of causes of action for breach of contract, common counts and breach of personal guaranty. Defendant/cross‐complainant filed a cross‐complaint against plaintiff purporting to assert a single cause of action for accounting, maintaining that some of the payments made to plaintiff for the latter's deliveri...

Excerpt: ...uct of its softball coach, Michael Martis. Plaintiff dismissed the action without prejudice on January 23, 2019. Defendants St. Francis Catholic High School and the Roman Catholic Bishop of Sacramento filed a memorandum of costs claiming $7,330.37 in defense costs. Plaintiff now moves to strike the cost memorandum on the basis that Defendants were not "prevailing parties" because she dismissed the complaint without prejudice and could re�...

Excerpt: ...equest for judicial notice is granted. This action is based upon the City's imposition of an administrative penalty of $318,000 on Plaintiff pursuant to Sacramento City Code sections 8.132.040(B) and 8.132.050, following the City's discovery of illegal indoor cultivation of 642 cannabis plants in a home owned by Plaintiff in Sacramento. The City's Code Enforcement issued the penalty on July 2, 2018, and the City's administrative a...

Excerpt: ...s granted. Tina Bartlett is a regional manager for the Department. Nancee Murray is an attorney for the Department. Defendants allege that Plaintiffs South Yuba Water District (“District”), Michael Rue, Jerry Norene, Victor Grag, Morrison Graf, Gary Miller, and John Belza's claims against Defendant Bartlett and Defendant Murray arise from their lawful communications in connection with an official proceeding and are therefore barred by Code of...

Excerpt: ...ent at the Embracing Arms Care Home from January 18, 2018 through February 8, 2018. (Comp. ¶ 8.) Defendant Maria Cucciea is alleged to be the owner/administrator of Embracing Arms and Defendant Christian Tratta is alleged to be her husband and a resident caregiver. The Court previously granted Plaintiff's motion to conduct financial discovery pursuant to Civil Code § 3295 after finding Plaintiff demonstrated a substantial probability of prevail...

Excerpt: ...se" to Defendant's demurrer filed on March 25, 2019 only four court days prior to the hearing and which does not appear to have been served on Defendant. In any event, this document does not even address the grounds raised by Defendant in support of the demurrer. In this action Plaintiffs filed the FAC on the judicial council form complaint alleging a single cause of action for breach of contract. There are no allegations regarding the br...

Excerpt: ...an interest in an LLC which owns commercial property but failed to pay off a $1.2 Million promissory note. The complaint alleges causes of action for breach of the promissory note, common counts, breach of the implied covenant of good faith and declaratory relief. Defendant Tran filed on 10/31/2018 both an answer and a cross‐complaint, the latter of which asserts causes of action for breach of contract and conversion. In December 2018 defendant...

Excerpt: ...NTED pursuant to Evidence Code sections 451 and 452. Plaintiffs' Request for Judicial Notice of Exhibits 1‐11 to the Kim Declaration is unopposed and is GRANTED pursuant to Evidence Code section 452. The court notes, however, that as to Exhibits 1‐10, the court takes notice of only the existence of the document as part of a court file, not the contents thereof; the court may only take judicial notice of the truth of facts asserts in documents...

Excerpt: ...ntative ruling to Plaintiff within 48 hours of receiving it. 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 COURTCALL, at 9:00 a.m. on the date of the continued hearing date, which will be April 8, 2019, to participate in...

Excerpt: ...”). On 9/26/2018, Mehtani and Co‐Defendant/Cross‐Plaintiff Janak Town and Country West G.P. ("T&CW") propounded the following four sets of identical demand for production of documents: 1. Mehtani's demand for production of documents on TDB 2. Mehtani's demand for production of documents on Qayyum 3. T&CW's demand for production of documents on TDB 4. T&CW's demand for production of documents on Qayyum The deadline to serve responses...

Excerpt: ...Franck (“Plaintiff”) as cocounsel to work with their previously‐retained attorney, Daniel Muller, to work on an existing lawsuit Defendants filed against the City of Oakland, venued in Alameda County (the “Oakland Action”). For various reasons, Defendants terminated Plaintiff's services in July 2018. (L. diSibio Decl. ¶ 5.) On October 5, 2018, Plaintiff filed this action for breach of contract seeking approximately $29,000 in unpaid le...

Excerpt: ...e opposition on the merits, and, they also stipulated to continue the motion to ensure proper service. Therefore, any objection based on defective service has been waived. On January 15, 2019, defendant Wells Fargo Bank, N.A. (“Defendant”) brought an ex parte application to dismiss with prejudice the complaint filed by Plaintiffs. The Court granted the application and dismissed the action with prejudice on the grounds Plaintiffs failed to tim...

Excerpt: ... “Agreement” date February 28, 2018 (the “Contract”) entered into between Petitioner and Respondent concerning various home improvements made to real property located at 8541 Biruta Avenue, Orangevale, California 95662 (the “Property”). Petitioner contends it was hired to repair the Property following a water leak that resulted in insured water damage. Petitioner contends it completed all of the work required under the Contract in a w...

Excerpt: ...cific's (“Defendant”) purported failure to provide meal and rest periods by adopting a policy that required security guards to remain on‐call and on‐duty during their meal and rest periods and precluded employees from being able to leave the work premises. Plaintiff's First Amended Complaint alleged claims for failure to provide meal and rest periods, waiting time penalties, wage statement violations, unfair competition, and PAGA. Defenda...

Excerpt: ...on of emotional distress, elder abuse, and wrongful death in connection with an incident on August 28, 2017, when the Decedent, who was terminally ill from lung disease, received a morphine drip of 250 milligrams over less than 90 minutes, despite an order from his physician for a morphine drip at 1 milligram per hour. Defendant's demurrer to the original Complaint was sustained with leave to amend as to the fourth cause of action for elder abuse...

Excerpt: ...sche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) Defendant's request for judicial notice as to item 2, the “Monthly Rental Agreement entered by and between Defendant and former owner Jatinder Singh and Plaintiff Hilda Garcia on October 10, 2016” is denied. However, the Court notes the Rental Agreement has been attached to the Complaint and is, therefore, part of the pleadings. Yet, the copy of the Rental Agreement is of such poor...

Excerpt: ...he was pushing for her, causing it to swivel and strike plaintiff, resulting in her falling forward and landing with all her weight on both knees and hands. The case was filed in November of 2018 and the Answer was filed on December 31, 2019. On February 7, 2019, Plaintiffs counsel received an updated lien from Plaintiff's medical provider, Kaiser, in the amount of $50,029.34. Plaintiffs counsel promptly emailed Defense counsel and notified t...

Excerpt: ...follows. Opposing counsel failed to comply with CRC Rule 2.111(3) and Rule 3.1110(b)(3)‐(4). This is a wage‐and‐hour case brought by a single plaintiff. According to the moving papers, plaintiff noticed the deposition of defendant James Ashley with the production of documents on 11/9/2018, specifying a deposition date of 12/19/2018 but the witness did not appear at that time, despite the absence of objections to the deposition. Plaintiff no...

Excerpt: ...ty discussed, the court invites the parties to submit supplemental briefs that address the tentative ruling. Any party may, but need not, file and serve a supplemental legal brief no later than 4/26/19. If Plaintiff Michael T. Shannon (Shannon) wishes to appear and argue at the hearing on 5/10/19, then he shall promptly notify the court and opposing counsel of his intent to appear and shall arrange with the litigation coordinator at his facility ...

Excerpt: ...ied Underwriters, Inc. (“AUI”), Applied Underwriters Captive Risk Assurance Company, Inc. (“AUCRA”), and California Insurance Company's (“CIC”) (collectively, "Defendants") demurrer to the First Amended Complaint (“1AC”) is OVERRULED as follows. Moving counsel again failed to provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and did not provide the correct address for Dept. 53/54. Movin...

Excerpt: ...iary duty and breach of both written and oral contracts. The fiduciary duty claim included an allegation that the conduct constituting the breach was done with oppression, fraud and/or malice within the meaning of Civil Code §3294. Defendants successfully challenged the punitive damages allegations on the grounds that plaintiff failed to plead specific facts necessary to establish malice, fraud or oppression but instead relied on an impermissibl...

Excerpt: ...("VSS") demurrer to the second amended complaint. (ROA 137.) The Court also denied without prejudice Plaintiffs' concurrent motion for leave to file a third amended complaint for failure to comply with CRC Rule 3.1324(a)(2), (a)(3), and 3.1324(b). (ROA 136.) Plaintiffs eventually filed a new motion for leave to amend complaint. The City, however, submitted a proposed judgment of dismissal prior to the hearing on the motion for leave. ...

Excerpt: ...or 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 department for hearing and 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 in person or by telephone. The Court noted that p...

Excerpt: ...il Consumption Defects”), Plaintiff seeks to compel Defendant to provide full and complete responses to certain requests for production. Requests Nos. 18, 21‐26, and 39‐44 relate to Defendant's investigation and analysis regarding the defects. Requests Nos. 7, 71‐73, and 86 related to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the requests for production, including objections based on relevan...

Excerpt: ...t, she has been exposed to hazardous chemicals which have caused injuries to her internal organs, including multiple myeloma. Plaintiffs bring causes of action against multiple defendants including PTL for (1) negligence, (2) failure to warn, (3) design defect, (4) fraudulent concealment, (5) breach of implied warranties, and (6) loss of consortium. Prior Demurrer. PTL previously demurred only to the fraudulent concealment cause of action on the ...

Excerpt: ... with Prospective Economic Advantage. The complaint arises out of allegations that Plaintiff was an instructor who had a contract with an authorized AHA training center (“RCPALS”) offering training class certification for emergency services. He alleges that AHA revoked his status by way of a letter dated November 30, 2017 which stated that he violated AHA requirements on November 7, 2017. He alleges that he had no idea AHA was considering rev...

Excerpt: ...rawn or filed in conformity with the laws of this state.” (Code Civ. Proc, § 436, subds. (a) and (b).) Defendants first move to strike the entire SAC on the basis that it was not filed by the deadline imposed by the Court when their previous demurrer was sustained in part with leave to amend. The parties ultimately agreed that the SAC was to be filed by December 7, 2018 but was not actually filed until January 25, 2019. Given that the Court is...

Excerpt: ...s required by Local Rule 1.06. 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. 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. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3). Factual Backgrou...

Excerpt: ...kes 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 default. (See, e.g. W. A. Rose Co. v. Municipal Court for Oakland‐ Piedmont Judic...

Excerpt: ... notice is granted. However, with respect to Exhibit C, the declaration from a Staff Services Analyst with the Government Claims Office regarding a records search for any Government Claim filed by Plaintiff, the Court only takes judicial notice of the existence of the governmental document, not the truth of anything stated therein (e.g., that Plaintiff did not file a claim). Judicial notice may be taken of official acts of a governmental entity, ...

Excerpt: ...med illness was in January 2017. Plaintiff Hyatt claims to have lost approximately $2,000 in lost income and Plaintiff Helwig claims to have lost approximately $1,000 from missing work. Defendant FPI Management, Inc. issued subpoenas for Plaintiffs' employment records which seek their entire employment files. Plaintiffs now seek an order limiting the scope of the subpoenas to time sheets, attendance records and payroll/wages information. Plaintif...

Excerpt: ...to a school bus, causing the bus to roll over. Plaintiff Gerald Austin, Sr. was serving as an attendant on the bus at the time of the collision. Plaintiffs Gerald Austin, Sr. and Kathy Brown Austin's (collectively, “Plaintiffs”) Second Amended Complaint alleges causes of action for motor vehicle, general negligence, and loss of consortium and seeks punitive damages against Nevarez for consciously disregarding the safety of others. At issue ar...

Excerpt: ...unt for money due. The Proof of Service of Summons & Complaint indicates Defendant was served by substituted service on July 11, 2018, at 5213 63rd Street, Sacramento, California 95820 by leaving copies with “JOHN DOE, CO‐ OCCUPANT (REFUSED NAME), Asian Male, 30 Years Old, Black Hair, 5 Feet 7 Inches, 155 Pounds.” Copies were then mailed to Defendant On July 12, 2018, at the same address. The Summons & Complaint was served by a registered p...

Excerpt: ...up”) request to permit Fred Laudadio and Daniel Rossi to provide oral testimony at the hearing. The Court finds Fenix Group has failed to establish good cause. (CRC 3.1306.) Plaintiff Norcanna, Inc. filed its complaint on January 7, 2019, and its first amended complaint on February 27, 2019. Therein, Plaintiff alleges causes of action for breach of contract, fraud and others in connection with a sublease agreement Plaintiff entered into with Fe...

Excerpt: ...ges that he was a member of Defendant's medical staff. Plaintiff alleges that he was discriminated and retaliated against, and harassed due to his presenting complaints regarding patient care, services, and/or hospital conditions. He further alleges that he was harassed based on his sex and that certain defamatory statements were made concerning his profession, trade, business, and qualifications. Plaintiff asserts that Defendant retaliated a...

Excerpt: ...eir 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.) This is an action for breach of a settlement agreement. Plaintiff alleges that on 11/18/2016, she entered into a settlement agreement with Regents, but on 4/17/2018, she was informed that Defendant failed to provide full service credit and retirement/pension benefits as agreed to...

Excerpt: ...rly Consumer Warranty Act ("Song‐Beverly Act"). Plaintiff alleges that her 2010 Chevrolet Traverse, which was manufactured and distributed by Defendant, suffers from widespread defects‐including the Engine Defects and that Defendant has been unable to repair her vehicle within a reasonable number of attempts. Plaintiff further alleges that Defendant knew that her vehicle suffered from the prevalent defects, but nevertheless refused to...

Excerpt: ...he door and the freezer unit. Plaintiff was shopping at the WinCo Foods Store in Orangevale, which is owned and operated by WinCo, on September 10, 2013. She was in the Frozen Food section of the store, having opened a clear glass freezer door on an upright freezer containing ice cream, when an unidentified shopper, utilizing a motorized cart, came into contact with the open freezer door. Plaintiff was struck by the open door and not any part of ...

Excerpt: ...ramento (erroneously sued as Sacramento County Sheriffs Department) and Sheriff Scott Jones were negligent and committed intentional torts in the execution of arrest and search warrants and the entry into her home by Sheriffs Department personnel. No federal civil‐rights claims are asserted. She seeks monetary damages for violation of her rights, property damage and emotional distress. She alleges causes of action for negligence, intentional to...

Excerpt: ...ohn Mahan on April 29, 2016. The parties referred to those documents as follows: ∙ 3,755 documents identified by CARB as “key” documents. ∙ Documents responsive to Mahan's categories 1 through 10. The court stated it was not (yet) willing to preemptively prohibit CARB from claiming any of these documents were exempt from production before it actually had a chance to review them. It thus stated, “It will be up to CARB to determine, in th...

Excerpt: ... the matter after Defendant appeared at the hearing and requested a continuance to obtain counsel. It was affirmatively represented that she would do just that and the Court continued the hearing to February 21, 2019. Defendant thereafter filed a 2 page declaration/opposition stating that the amount sought is not reasonable and that she has not been able to afford an attorney. She indicated that she and her husband have no real assets and that th...

Excerpt: ... 48 Cal.App.4th 1794, 1801.) The trial court is vested with broad discretion in approving class settlements. (Rebney v. Wells Fargo Bank (1990) 220 Cal.App.3d 1117, 1138.) Plaintiffs Hal Weinshank and Gabriela Ortolani's (collectively “Plaintiffs”) unopposed motion for final approval of class action settlement is tentatively granted pending the final fairness hearing to be held on this date. (Code of Civil Procedure § 382, California Rules o...

Excerpt: ...ntiff's requests for production, set one, numbers 8, 11, 18, 20‐25, 32, 38, 40‐44, 47, 55, 68, 70‐75, 99, 101‐106, 115‐116, and 120. Plaintiff contends Defendant has failed to comply with the Court's order and seeks an order compelling compliance as well as prospective sanctions of $500 a day for every day Defendant fails to comply. Plaintiff argues Defendant has failed to produce any emails in response to the at‐issue discovery reque...

Excerpt: ...iled to comply with them. Thus, the Court must once again deny the motion without prejudice. In the ex parte order, the Court indicated that on 1/8/2019, plaintiff lodged the following unredacted documents in opposition to motion for summary judgment: a. La Jolla's opposition b. La Jolla's separate statement c. Declaration of Steven M. Ramanoff d. Declaration of Travis Huff e. Appendix of Exhibits [Exhibits 1‐15] f. Appendix of Exhibits...

Excerpt: ...al notice of are specified in Evidence Code § 452. The fact that these documents may be publicly available does not make them subject to judicial notice. As noted in Jolley v. Chase Home Finance, LLC (2013) 2013 Cal.App.4th 772, "we know of no 'official Web site' provision for judicial notice in California." (See L.B. Research & Education Foundation v. UCLA Foundation (2005) 130 Cal.App.4th 171, 180, fn. 2.) "Simply because i...

Excerpt: ...‐OAlO Mortgage Pass‐ Through Certificates, Series 2006‐OAlO (erroneously sued as Bank of New York Mellon fka The Bank of New York as Trustee for the Certificate Holders of the Alternative Loan Trust 2006‐OAlO Mortgage Pass‐ Through Certificates Series 2006‐ OAlO) ("BONY") (collectively referred to herein as "Cross‐Defendants") demurrer to the cross‐complaint filed by cross‐complainant J. Pedro Zarate ("Cross�...

Excerpt: ...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 issue of material fact. *** Plaintiff and Cross‐ Defendant Alhambra Enterprises, Inc.'s (“AEI”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. AEI moves for summary judgment/adjudication of its own Complaint. AEI also moves for sum...

Excerpt: ...prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant California Department of General Services' (“DGS”) motion for summary judgment, or in the alternative, summary adjudication is GRANTED. DGS' 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 c...

Excerpt: ...Vilayvan Phaouthoum's motion to compel further response to request for production is ruled upon as follows. This is a lemon law action. Plaintiff alleges that in March 2012, s/he purchased a used 2009 GMC Acadia. The vehicle allegedly suffered from serious defects and nonconformities, including but, not limited to steering and engine defects. To the extent Plaintiff is requesting that Defendant produce the documents that it agreed to produce in r...