Excerpt: ...conscious and resulting in significant life altering injuries. 1st cause of action Strict Products Liability‐Design, 2nd cause of action Strict Products Liability‐Manufacturing, and 3rd cause of action Strict Products Liability‐ Failure to Warn: The demurrer to these causes of action is overruled. Defendant contends that these causes of action are merely "duplicative" and should be combined in one cause of action. Defendant does not...

Excerpt: ...tates he made repeated efforts to speak to plaintiff's counsel about the issues raised in the demurrer. Plaintiff's counsel never responded to the requests, stating the arguments in the papers suffice. The Court will not require any further efforts by defendant as such would further delay of the hearing and reward plaintiff's counsel for not responding to defendant's efforts to comply with CCP 430.41. Innovative was at all relevan...

Excerpt: ...complaint (FACC), the court summarized the action as follows: In its complaint, Nivano alleges it is a large Independent Practice Association ("IPA"). In December2016, Nivano hired Scribner to be general counsel to Nivano Care Medical Group ("NCMG"), a medical group association with the IPA. Nivano alleges that Scribner and codefendant Jami Lopez conspired with other third parties to intentionally interfere with Nivano's opera...

Excerpt: ...ies to a public works construction arbitration before the Office of Administrative Hearings (“OAH”). Caltrans awarded Tricon construction Contract Number 10‐0X2104, which concerned the construction of four “wash buildings” in different rural locations in northern and central California. Tricon alleges in its Complaint‐ in‐Arbitration (“Complaint”) that it is owed approximately $2 million from Caltrans on the Contract. Upon the f...

Excerpt: ...endant's default was entered on June 30, 2017. Default judgment has yet to be entered. Defendant's declaration indicates that he first learned on the lawsuit on January 23, 2019 when he received a request for entry of court judgment in the mail. (Wilson Decl. ¶ 1.) Defendant was not expecting to be sued because he had previously settled a claim with Plaintiff Liberty Mutual Insurance Company in which Defendant claimed that the subject accident w...

Excerpt: ...ourt'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 in person or by telephone. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). The declaration by attorney Salazar which was filed on the afternoon of 3/14/2019 was not considered by the Court...

Excerpt: ...ental interrogatories. The Code specifically allows for a motion for further responses based on the contention that responses contain objections that lack merit. (E.g., CCP § 2033.290(a) (2).) In such a circumstance, the party asserting the objection obviously has the burden to justify the objection. (Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255 [citing Coy v. Superior Court (1962) 58 Cal.2d 220‐221].) RFAs 62‐66 Denied. Th...

Excerpt: ...gment is GRANTED. Overview This is an action on a commercial loan agreement and related personal guaranty. Ascentium loaned Buttles Custom $108,736 so that the latter could acquire a 2016 RAM C55 (the “vehicle”). (See Undisputed Material Facts (UMF) 1, 2.) The loan agreement was memorialized in a January 2017 Equipment Finance Agreement (EFA) that required Buttles Custom to repay the loan over 60 months. (UMF 1, 2.) The EFA required Ascentium...

Excerpt: ...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. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). ...

Excerpt: ...the allegations in plaintiff's favor. (Code Civ. Proc., § 452) A complaint survives a general demurrer insofar as it states, however inartfully, facts disclosing some right to relief. (Code Civ. Proc., § 452; Barquis v. Merchants Collection Assn. (1972) 7 Cal. 3d 94, 103. As noted in Reichert v. General Ins. Co. (1968) 68 Cal. 2d 822, 840‐841,103 "While orderly procedure demands a reasonable enforcement of the rules of pleading, the b...

Excerpt: ...accident is covered by an automobile policy Toriz held with CSAA. Counsel representing Toriz is retained by CSAA. On October 19, 2018, Plaintiff attempted to serve Toriz by mail with the Summons and Complaint and accompanying acknowledgement of receipt form. Toriz did not sign the acknowledgment of receipt form, but forwarded a copy of the Summons, Complaint, and unsigned acknowledgment form to her insurer CSAA on October 31, 2018. On November 8,...

Excerpt: ...tices. The plaintiffs allege that Broker and its codefendants wrongfully attempted to obtain payments from them in various contexts. They allege that, to generate fees, Broker unnecessarily wrote new policies instead of adding vehicles to existing policies. They also allege that Broker assessed fees to remove vehicles from policies. Broker served Plaintiff with request for admissions asking Plaintiff to admit that certain documents are “genuine...

Excerpt: ...s brought seeking preliminary approval of a wage and hour class action settlement in the total gross amount of $1,195,000.00 plus employer‐side payroll taxes. See generally Exhibit A (Proposed Joint Stipulation Regarding Class Action Settlement and Release ("Settlement Agreement"). Plaintiffs allege Defendants' policies and practices resulted in numerous violations of California law, including the following alleged policies and prac...

Excerpt: ...ottsdale, Arizona. It grants licenses to independently owned and operated franchisees to use the Massage Envy® name, trademark, and standardized business operations in exchange for a franchise fee. Co‐Defendant R&S entered into the Massage Envy Franchising, LLC Franchise Agreement ("Franchise Agreement") pursuant to which MEF, as franchisor, granted R&S the right and license to use the Massage Envy name, trademark, and standardized bus...

Excerpt: ... as PennyMac Loan Services, Inc., (PennyMac) is SUSTAINED in part and OVERRULED in part. PennyMac's request for judicial notice of a recorded deed of trust is GRANTED. Overview In the second amended complaint (SAC), Plaintiff Nabil Samaan (Plaintiff) alleges that he owns multiple residential properties, which he purchased with loans serviced by PennyMac and others. The servicers report Plaintiff's mortgage payment information to Co‐Defendant Eq...

Excerpt: ...n part with leave to amend, OVERRULED in part and DROPPED in part as moot. Overview Plaintiff Rachel Thoene (Thoene) alleges that she is one of Town Hall's real estate agents. (Town Hall allegedly does business as Keller Williams Realty Fair Oaks, a separately named defendant.) Peek is alleged to be Town Hall's CEO and one of its directors. According to Thoene, she provided fellow Town Hall agents with certain education and coaching services in e...

Excerpt: ...ital and medical expenses, general damage, and property damage. On January 30, 2019, Defendant caused to be served on Plaintiff multiple deposition subpoenas for production of business records from Plaintiff's treating physicians at multiple locations. (Whitehead Decl. at ¶ 3, Exh. A.) The medical providers declined to produce records without a signed release from Plaintiff and Plaintiff has refused to sign any such authorizations. Plaintiff has...

Excerpt: ...Plaintiff alleges she has suffered wage loss, loss of use of property, hospital and medical expenses, general damage, and property damage. On February 11, 2019, Plaintiff served her Written Exchange of Expert Trial Witness Information and Expert Witness Declaration. Plaintiff listed five expert witnesses, including Michael Boroff, BM. In her “Expert Witness Declaration” Plaintiff declared that Dr. Boroff is a psychologist who has been working...

Excerpt: ...s are GRANTED. In taking judicial notice, the court accepts the existence of the documents and the existence of their contents, not the truth of their contents. Procedural Background This court previously summarized this case as follows: This case follows… [Michaels] promotion and subsequent demotion while employed by Co‐Defendant CalPERS. Michaels' allegations in the… [FAC] are somewhat extensive. Relevant for present purposes are allegati...

Excerpt: ... CDA Rotunda Partners LLC is denied. The Court notes that the parties settled with plaintiff on March 4, 2019. However, although the settlement conference minute order of that date states that "the entire case settled," the court has been informed that the Cross‐Complaints remain pending, inter se. Plaintiff is no longer part of the litigation. The settlement is not available to the Court. No motion(s) for good faith settlement have bee...

Excerpt: ...18. Plaintiff's counsel states he met and conferred with defense counsel in April and June of 2018. On June 24, 2018 Saint Claires promised dates within a week's time but no deposition dates were provided. Plaintiff also attempted to meet and confer in July, August, and September. On January 5, 2019, defendant advised plaintiff that dates would be forthcoming. On January 18 plaintiff requested dates be provided by February 15, 2019 but no...

Excerpt: ... however, alleges that the real reason for his termination was the result of retaliation by ABC Chief Counsel, Defendant Rambo, for Plaintiff challenging Rambo's directives regarding provision of administrative records in ABC actions to assigned administrative law judges assigned to ABC cases. Plaintiff also alleges he was harassed by Rambo and was a victim of other acts of retaliation while he was employed that he complained that Rambo was also ...

Excerpt: ...t of a HVAC system in her apartment unit that caused a water leak which led to water intrusion. She alleges that mold then developed which made her sick. She alleges that she asked “defendants” to relocate her so they could do repairs and mold remediation but they would only do so if she signed a Mutual Release Agreement which she refused to sign. Plaintiff does not make any allegations regarding her relationship with Defendant. The demurrer ...

Excerpt: ...tate facts sufficient to constitute a cause of action. The Court has adopted the following procedure for hearings in department 53 for self‐represented incarcerated parties. The clerk shall fax a copy of the tentative ruling to the litigation coordinator on or before the date of the scheduled hearing. The litigation coordinator shall provide the tentative ruling to plaintiffs within 48 hours of receiving it. The hearing date shall automatically...

Excerpt: ...material fact. *** Plaintiff Krystle Tash's Motion for New Trial challenging the granting of defendants The Permanente Medical Group, Inc. (“TPMG”) and Sue Matchell's Motion for Summary Judgment (“MSJ”) is DENIED. Factual Background Plaintiff's Complaint. This action arises out of plaintiff's employment with defendant TPMG, which began in 2006. Plaintiff alleges that starting around 2010 her supervisor, Sue Matchell, engaged in conduct al...

Excerpt: ...intiff Michael J. Widner (“Widner”) is granted in part and denied in part as set forth below. Widner's Request for Judicial Notice is granted. As to court records, the notice is limited as explained in Sosinsky v. Grant (1992) 6 Cal. App. 4th 1548. While a court may take judicial notice of the existence of any document in a court file, it cannot judicially notice the truth of facts asserted in the document. (Steed v. Department of Consumer Af...

Excerpt: ...re substandard living conditions at a four‐plex residential unit. The defendants in this action are the various owners of the four‐plex. The moving Defendants are the latest owners of the four‐plex. Any party may move for summary judgment in any action or proceeding if the party contends that (1) the action or proceeding has no merit or (2) there is no defense to the action or proceeding. CCP 437c(a). A cause of action has no merit if one o...

Excerpt: ...l death cause of action. The action arises from the care the Decedent received at Defendants' facility. Defendants move to compel the action to arbitration on the basis that Richard Rogers signed a Residency Agreement as the Decedent's representative which contained an Arbitration Agreement. Mr. Richard Rogers signed the Arbitration Agreement on a space labeled “Resident/Representative Signature.” The Arbitration Agreement provides that “an...

Excerpt: ...ants to comply with a notice to appear and produce documents in connection with a trial which is set for November 5, 2019, some seven plus months from now. The notice seeks documents related to Defendants' financial condition which Plaintiff argues are material to the punitive damages claim because Plaintiff will be required to present that evidence if Defendants are found liable for punitive damages. Defendants served objections to the notices. ...

Excerpt: ...lation of FEHA and Labor Code §§ 98.6 and 1102.5, wrongful termination in violation of public policy, and failure to prevent discrimination and retaliation, breach of fiduciary duty, breach of contract, and declaratory judgment. Defendant contends the Complaint contains attorney‐client privileged information that should be stricken pursuant to CCP §§ 435 and 436. Specifically, Defendant contends the privileged information is contained in pa...

Excerpt: ...CCP 473.5), and the default is void. (CCP 473(d).) The Amended proof of service indicates that Maki was served via substitute service on 6/21/2018 at 9:26 a.m. The service was made at 10385 Atwood Rd. Auburn, California 95603. "John Doe" was "Drop served", he was aged 45‐50, 5'8", weighed 225+ lbs, bald, and white. The service was made by Shawn Sardia ("Sardia"), a registered California process server. According ...

Excerpt: ...ndants”) motion to dissolve preliminary injunction and motion to dismiss is ruled upon as follows. Defendants' request for judicial notice is granted. Plaintiff filed his complaint in this non‐judicial foreclosure matter on September 21, 2017. The real property at issue is located in Solano County at 3455 Laguna Creek Trail, Vacaville, California 95688. On September 25, 2017, this Court granted Plaintiff's ex parte application for a temporary...

Excerpt: ...�in pro per plaintiff's failure to bring this 2013 action to trial within five years is UNOPPOSED and is GRANTED, as follows. Plaintiff commenced this action on 2/20/2013, seeking damages for personal injuries. Defendant now moves for mandatory dismissal of this 2013 action pursuant to Code of Civil Procedure §583.310 and §583.360 since plaintiff failed to bring this action to trial within five (5) years. Coupled with the lack of opposition whi...

Excerpt: ...njamin Shadle, M.D. (“Dr. Shadle”). Trial is currently set for April 8, 2019, 15 court days from today. Plaintiffs contend Dr. Shadle disclosed three retained expert bariatric surgeons to testify on the issues of standard of care, causation, and damages and one neurologist to testify on the issue of causation and damages. Plaintiffs now move for a protective order to limit Dr. Shadle to one retained expert bariatric surgeon on the grounds usi...

Excerpt: ... The motion of Defendants Gary Mitchell (Mitchell) and Mitchell & Mitchell Insurance Agency, Inc. (Agency) (collectively “Defendants”) for summary judgment or, in the alternative, summary adjudication of issues is DENIED. Plaintiff Patricia Blank's (Blank) request for judicial notice (RJN) of the original complaint in this case is unopposed and granted. Overview This case presents a business dispute. Blank alleges that Mitchell induced her an...

Excerpt: ... file a response to the defendant's status report. This matter was continued to this date from February 21 and the Court has now considered the opposition filed by City. On September 26, 2018, this court granted the City's Petition for Appointment of a Receiver pursuant to Health and Safety Code Section 17980.7 (See tentative ruling issued on September 26, 2018.) On the same date, at the request of Mr. Howard Sutton's Son and daughter...

Excerpt: ...is GRANTED. There is a substantial probability that Plaintiffs will prevail on a claim for punitive damages pursuant to CC § 3294. Plaintiffs have produced Martin's own deposition testimony as well as other evidence to substantiate the following summary of Martin's alleged conduct: This case arises from attorney Hiram M. Martin taking $130,000.00 from foreign clients…on the false representation Martin had the expertise and experience to succes...

Excerpt: ...aintiff contends she continues to experience pain and suffering from her collision related injuries. In addition, when the case was filed plaintiff did not fully appreciate the potential value of her loss of earnings claim. At the time of the filing of this motion, plaintiff contends that her economic damages are now between $15,000 and $18,000. Code of Civil Procedure section 403.040(b) authorizes courts to grant motions for reclassification tha...

Excerpt: ...dron. After the arbitration was held, the arbitrator found that Gendron was not credible and found that she had not been sexually harassed. The motion is dropped from calendar as the Court lacks jurisdiction to hear it. The motion was not served in the a manner required by CCP 1290.4. It must be noted that if the subject arbitration agreement does not provide the manner in which such service shall be made [the instant agreement does not] and the ...

Excerpt: ...motion matters. *** Defendants William Porter and Porter Law Group's motion to strike portions of the First Amended Complaint (“1AC”) is GRANTED IN PART and DENIED IN PART, as follows. Opposing counsel failed to comply with CRC Rule 3.1110(b)(3). Factual Background This action arises out of moving defendants' prior legal representation of the two plaintiffs, both of which are corporations. The 1AC purports to assert causes of action for legal...

Excerpt: ...d/or the court's equitable power to remedy extrinsic fraud in service of summons and to quash service of summons is ruled on as follows. The notice of motion does not provide the correct department or the time for hearing of this matter, which is 9:00 a.m. in Dept. 54 and not 2:00 p.m. in Dept. 53. Moving defendant is directed to contact opposing counsel and advise him/her of the correct department and the time for hearing of this matter. If movi...

Excerpt: ...eral, form interrogatoriesemployment, and special interrogatories (sets one) as requested in the moving papers. Defendant's request for monetary sanctions is denied as the motion was unopposed. Although California Rules of Court, Rule 3.1348 purports to authorize sanctions if the motion is unopposed, the Court declines to do so, as the specific statutes governing this discovery authorize sanctions only if the motion was unsuccessfully made or opp...

Excerpt: ...s that Defendants pursued the subject project and marketed space to tenants with insufficient capitol. Plaintiff contends that in order to build out the space, Defendants' investors needed to see secured leases. Plaintiff alleges that instead of first securing capitol to ensure they could build out the project as represented to prospective tenants, Defendants first secured lease agreements knowing that they could not deliver the projects and know...

Excerpt: ...e fact of their existence, not the truth of their contents. "There exists a mistaken notion that this means taking judicial notice of the existence of facts asserted in every document of a court file, including pleadings and affidavits. However, a court cannot take judicial notice of hearsay allegations as being true, just because they are part of a court record or file. A court may take judicial notice of the existence of each document in a ...

Excerpt: ...., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐18; see also Stratford Irrig. Dist. v. Empire Water Co. (1941) 44 Cal.App.2d 61, 68 [recorded land documents, not contracts, are the subject of judicial notice on demurrer].) The Court, however, does not accept the truth of any facts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel., supra, 152 Cal.Ap...

Excerpt: ...matters. *** Defendants Capstone Home Services, LLC dba Simplicity Elderly Living (“LLC”) and Nathan Ciric's (collectively “Defendants”) demurrer to the complaint is SUSTAINED with leave to amend, as follows. Plaintiff's counsel failed to comply with CRC Rule 3.1113(f). Factual Background In a convoluted, unnecessarily long and contradictory pleading, the elderly plaintiff alleges in Paragraph 3 that on 8/18/2016 she “was getting into b...

Excerpt: ...ual plaintiffs along with Defendant Kenny Thomas were members of TSCS. Ultimately the individual plaintiffs and TSCS entered into a Membership Interest Repurchase and Member Withdrawal Agreement (“Agreement”) in January 2018 which left Defendant Thomas as the remaining member of Defendant TSCS. The individual plaintiffs were allegedly due a total of $148,467.88 collectively. Plaintiffs allege that TSCS failed to make the required payments. Pl...

Excerpt: ... requires a response to a petition to compel arbitration be filed within 10 days after service of the petition ["A response shall be served and filed within 10 days after service of the petition. . . ."]. Generally, the failure to respond within the 10‐day deadline in CCP § 1290.6 to a petition to compel arbitration award means that the factual allegations of the petition were deemed admitted under CCP § 1290. However, when a petition...

Excerpt: ...Complaint‐in‐Intervention was filed on May 1, 2015, this Court entered Judgment on the National Grange's claims on November 16, 2015, granting some of the relief sought in the Amended Complaint‐in‐Intervention when it declared the Guild had the obligation to return all property in its possession as of April 5, 2013, to the Grange. (ROA 633 and 636.) Shortly after the Judgment was entered, the parties stipulated to stay litigation of the A...

Excerpt: ...tribution systems and consists of a computer, relays, fuses, and controls. The TIPM provides the primary means of voltage distribution and protection for the entire vehicle." (Complaint, para. 13.) Thus, the TIPM "fails to reliably control and distribute power to various vehicle electrical systems and component parts." (Complaint, para. 15.) The complaint asserts causes of action for Breach of Express Warranty, Breach of Implied Warra...