Excerpt: ...two others, unduly influenced decedent, Leon Reynoso Flores, to execute two grant deeds on or about October 4, 2011, which transferred title to two properties owned solely by Leon to Defendant Joseph and Defendant John as joint tenants, thereby wrongfully obtaining Leon's intestate estate property after Leon's death on June 5, 2013. Plaintiffs also allege that the defendants unduly influenced Leon to execute a Durable Power of Attorney fo...

Excerpt: ...ling system, as required by Local Rule 1.06, and does not provide the correct address for Dept. 53. Moving counsel is directed to contact Defendant 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. 53. If moving counsel is unable to contact Defendant prior to hearing, moving counsel is ordered to appear at the hearing in person or by telep...

Excerpt: ...ollows:” but no service list is attached and the names and addresses of the parties served are not listed on the Proof of Service. Successful service by mail requires strict compliance with all statutory requirements; failure to comply deprives a court of jurisdiction to act. Accordingly, if a corrected Proof of Service is filed at or prior to the hearing, this matter will be ruled upon as follows, below. If no corrected Proof of Service is tim...

Excerpt: ...ion matters. *** Defendant Elica Health Center's (“EHC”) demurrer to Plaintiff Karen Freeman's first amended complaint (“FAC”) is ruled upon as follows. This action arises out of Plaintiff's employment with EHC, which terminated plaintiff in October 2017. Plaintiff alleges that Slavic national origin employees were the highest represented ethnic group of employees at EHC and occupied a large amount of managerial positions and seats on...

Excerpt: ...h this demurrer any declaration which satisfies the requirements of Code of Civil Procedure section 430.41 (a), which requires the demurring party to meet‐and‐confer "in person or by telephone" with the party filing the pleading that is the subject of the demurrer, and file a declaration with the Court in conformity with section 430.41(a)(3). Despite this failure, Plaintiff's counsel's declaration indicates the parties suffici...

Excerpt: ...sed 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 Steve Madden Retail, Inc.'s motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This is a putative wage‐and‐hour class action. The sole named Plaintiff is Evyanne Phelps (now Bella). The complaint ...

Excerpt: ...s for judicial notice filed in support of their briefing on the cross‐motions (ROA Nos. 131, 136, 140, 144, 154, 169, 173) are granted with the exception of Respondent Port Parker's requests that the Court take judicial notice of the Placer County Superior Court's October 23, 2018 Order denying Marcus Turner's Corporations Code section 800 motion in Placer County Case No. SCV0040738. (See Parker's RFJN No. 4 in ROA No. 144; Parker's RFJN No. 2 ...

Excerpt: ...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 Affairs (2012) 204 Cal.App.4th 112, 121.) For example, courts cannot take judicial notice of the truth of statements in transcripts or declarations even though they are part of the trial court re...

Excerpt: ...olation of the Rosenthal Fair Debt Collection Practices, and the 8th cause of action for Conspiracy. The demurrer is sustained for the reasons stated in the moving papers. Plaintiff filed an Amended Complaint on February 28, 2019, 7 court days before the hearing. Because the Amended Complaint was not filed at the time the opposition was due, on February 26, 2019, the demurrer is not moot pursuant to CCP 472 and the defendant is entitled to a ruli...

Excerpt: ... causes of action for medical negligence and negligent infliction of emotional distress against moving defendants in connection with their treatment and care of his mother Helen Woodbury (the "Decedent") in April 2016. The meet and confer declaration filed by defendant's counsel pursuant to CCP 430.41states that plaintiff agreed to dismiss the case with prejudice against Roebken by March 4, 2019 after the parties reached an agreement ...

Excerpt: ...Greyhound Lines, Inc. Plaintiffs submit that the settlement is fair, reasonable, and adequate as to all class members and should be approved by the Court. Appearance required. While the Court's ruling tentatively indicates that it will grant preliminary approval of the class action settlement as requested in general, including provisional certification, the Court must still hold a hearing on the motion as it may involve the receipt of evidence. A...

Excerpt: ...district representative with the HCD. Her job duties mainly involved inspecting mobile homes and mobile home parks for compliance with housing standards. On September 11, 2014, plaintiff went out on leave for injuries to her shoulder, back and hip, that she claimed occurred because of the driving involved in her duties. She worked part time that month, and her last day at work was September 30, 2014. Plaintiff filed a workers' compensation cl...

Excerpt: ...ction. Summary Adjudication is only appropriate if it will resolve an entire cause of action, affirmative defense, issue of duty, claim for damages (punitive only) CCP 437c (f). However, as the notice of motion also seeks summary judgment on both causes of action, the Court is treating the separate statement as seeking summary judgment on the entire Complaint as well as summary adjudication of each cause of action. City's Evidentiary Objectio...

Excerpt: ... changing event in which Mrs. McDonald's hip became dislodged, requiring a second surgery. Plaintiffs contend terminating or, alternatively, evidentiary and issue sanctions, and monetary sanctions should be issued against defendant Eskaton because it has disobeyed a number of discovery orders. The trial date is April 22, 2019. Plaintiff states that the discovery completion cut‐off date is April 5. First, Plaintiffs contend Defendant "bl...

Excerpt: ...ithout prejudice. Plaintiffs oppose the motion arguing that there is no evidence that Tahereh Jarchi signed the arbitration agreement, personally agreed to arbitrate claims, or that Behjat Jounami had lawful authority to sign the agreement on behalf of Tahereh Jarchi' . Plaintiffs also argue that if the arbitration agreement is compelled against less than all plaintiffs the division of claim would create the potential for inconsistent rulings. Al...

Excerpt: ...n (Naproxen) while in custody at the Sacramento County Jail in November 2017. Plaintiff declined to take the medication believing he had an adverse reaction in 2013. (See Plaintiffs Exh. A p. 2, attached to 3 Complaint.) Plaintiff was released from custody a few hours after being offered the Naprosyn by Dr. Drennan. (See Plaintiffs Exh. B p. 1, attached to Complaint.) Plaintiff has previously filed another action in this court alleging a violatio...

Excerpt: ...ED in part and OVERRULED in part. Langshaw's request for judicial notice of court documents is GRANTED. Overview This case follows entry of a money judgment against plaintiff herein Arthur Scott Dockter (Dockter) in 1998. In his first amended complaint (FAC), Dockter alleges that the judgment creditor in the underlying case sold its rights as judgment creditor to “Alliance Financial.” He alleges that Langshaw purported to renew the judgme...

Excerpt: ...sonably dangerous because it can cause engine failure while the vehicle is in operation at any time and under any driving conditions. (Id. ¶ 16.) Plaintiffs allege that Kia was aware of the Engine Defect in the vehicle prior to the sale, but failed to disclose the material facts at the time of the sale. (Id. ¶ 17.) The Complaint was filed on June 13, 2018. Kia demurs to the third, fourth, fifth and sixth causes of action for violation of Civil ...

Excerpt: ...ed. Defendant initially filed an answer On December 17, 2018 with a general denial and raising affirmative defenses but later responded to Plaintiff's requests for admissions on January 26, 2019 and admitted all of the elements of Plaintiff's claim and that she had no defense to the complaint. "(A) deemed admitted order establishes, by judicial fiat, that a nonresponding party has responded to the requests by admitting the truth of all matter...

Excerpt: ...on protective order brought by Defendants Vibra Hospital of Sacramento, LLC (Vibra), Vibra Healthcare, LLC and Vibra Holdings One, LLC (collectively “Defendants”) is GRANTED. Overview This is an elder abuse / wrongful death case. Plaintiffs are Decedent's surviving family members. Vibra is a hospital, not a skilled nursing facility. In their complaint, Plaintiffs allege that Decedent suffered a pressure ulcer while in Defendants' care. Plaint...

Excerpt: ...r to fall on the floor and causing her injuries and damages. On October 10, 2017, Plaintiff filed a complaint against Macy's for general negligence and premises liability. (Ex. A). On December 4, 2018 , Judge Christopher Krueger granted an Order to have Macy's Requests for Admissions deemed admitted. (Ex. E) Consequently, Plaintiff has admitted that she has no evidence to support her cause of actions of general negligence and premises lia...

Excerpt: ...apers but are instead raised for the first time in its reply papers are not properly presented to the trial court. Regency Outdoor Advertisement, Inc. v Carolina Lanes, Inc. (1995) 51 Cal.App.4th 1323, 1333; see St. Mary v. Superior Court (2014) 223 Cal.App.4th 762, 783; Plenger v. Alza Corp. (1992) 11 Cal.App.4th 349, 362 at fn. 8 [trial court should only permit party moving for summary judgment to include "additional . . . matter[s]" in...

Excerpt: ...il 26, 2017, the Plaintiff filed a Complaint for Financial Elder Abuse, Undue Influence, Unjust Enrichment, Fraud, Deceit, False Promise, Intentional Misrepresentation, Conversion, Negligent Misrepresentation, and Intentional Infliction of Emotional Distress. (Brown Decl., 2). Plaintiff alleges that her son, defendant Darnell Owens, wrongfully took $80,000 that was in a joint account with his name on it and deposited the funds elsewhere even thou...

Excerpt: ...ir ex parte application and conditionally sealed that document and allowed Defendants to file a redacted version and a formal motion to seal. The redacted “Documentary Evidence” has now been filed. (ROA 122.) The portions of that document sought to be sealed contain identifying information of children who were the victims of sexual molestation or witnesses to sexual molestation. In order to issue the requested order, the Court must find that ...

Excerpt: ... 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 where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and cases cited therein); Class Plaintiffs v. City of Seattle (9th Cir. 1992) 955 F.2d 1268, 1276; Van Bronkhorst...

Excerpt: ...tions to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Sutter Valley Medical Foundation's (“SVMF”) motion for summary judgment/adjudication is ruled on as follows. The court notes SVMF lodged conditionally under seal several documents offered in support of this motion...

Excerpt: ... school program at a Sacramento City Unified School District elementary school. Plaintiff alleges causes of action against moving Defendants and others for Negligent Supervision, Investigation and Retention of an Employee, Negligent Supervision of Plaintiff, a minor, the 3rd for Negligence and Negligent Failure to Warn. Both Plaintiff and the City of Sacramento have opposed the instant motion. Any party may move for summary judgment in any action...

Excerpt: ...eed to sell a 55% interest in Metro and its permitted cannabis retail store in exchange for $800,000. Plaintiffs allege that the parties also entered a Continuity Agreement and that Baystone would receive an equal number of seats on Metro's board. Plaintiffs allege that Defendant has failed to comply with the parties' partnership and has been attempting to exclude Baystone from Metro's operation. The Court considered Plaintiffs' opposition de...

Excerpt: ... as follows. The notice of motion does not provide the correct address for Dept. 53/54. Factual Background HCD commenced this action against Center and other defendants alleging six causes of action including breach of contract, breach of the implied covenant of good faith and fair dealing, money had and received, money paid, and accounting. HCD alleges that it entered into contracts with Center, a non‐ profit corporation, to operate and mainta...

Excerpt: ... is granted. Mr. Riley's objections to the City evidence are ruled upon as follows: overruled. City's objections to plaintiff's evidence are ruled upon as follows: Riley Dec. ‐ overruled as to Nos. 1, 5, 6, 7, 9, 10, 12, 13 Exh. D ; sustained Nos. 2, 3, 4, 8, 11; Brown Dec. ‐ overruled 16, 18, 20, 22; sustained 14, 15, 17, 19, 21; Howell Dec. ‐ overruled 23, 25; sustained 24. Plaintiff Mr. Riley sued City and two of its employees alleging v...

Excerpt: ...the inspection would be conducted by Califorensics. CDE offered to expand the existing protective order to protect any confidential or privileged material from production. Plaintiff objected to the discovery and refused to allow the inspection. “[A]ny party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action.” (CCP § 2017.010.) CDE argues that it has the right to de...

Excerpt: ...emental interrogatories (set one) and supplemental request for production of documents (set one) no later than December 10, 2018. No sanctions were awarded. Defendant seeks terminating on the basis that Plaintiff has not provided the Court ordered responses. Here the Court finds that the drastic remedy of terminating sanctions, is not yet warranted at this time. “The sanctions the court may impose are such as are suitable and necessary to enabl...

Excerpt: ...sel of the specific “matters for examination” and/or document requests that will be addressed at the hearing. Counsel are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** 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 opposing counsel and advise him/her of Local Rul...

Excerpt: ...from her perceived entitlement to a promotion to an Attorney IV position. She also alleges whistleblower retaliation and fraud. On October 16, 2018, the Court entered an order granting CDE's motion to compel further responses to its request for production of documents. Plaintiff was ordered to provide further responses without objections that identify the documents that are responsive to each category and to produce the responsive documents respo...

Excerpt: ...Plaintiffs also seek costs and expenses in the amount of $1,164.85. This is a lemon law action. Plaintiffs purchased a new 2013 Volkswagen Passat on June 18, 2013, for a purchase price of $34,205. Adding taxes, fees, an optional surface protection product, an optional service plan and finance charges on a six‐year loan, the total purchase price was $44,239.24. (Mikhov Decl. ¶ 3, Exh. C.) After the vehicle began experiencing repeated engine and...

Excerpt: ...xistence of each document in a court file, but can only take judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions of law, and judgments." (Bach v. McNelis (1989) 207 Cal.App.3d 852, 865.) Factual and Procedural Background The complaint pending before the Court contains one cause of action for declaratory relief against La Posta and the California Gambling Control Commission (“CGCC”)....

Excerpt: ...ited oral argument is permitted on law and motion matters. *** Plaintiff/Cross‐Defendant Creditors Adjustment Bureau, Inc.'s (“CAB”) demurrer to Defendants/Cross‐Complainants Advance Care for Seniors LLC and Advance Care for Seniors, LLC's (“ACS”) cross‐complaint (“XC”) is ruled upon as follows. The Court did not consider the declarations of Brian L. Mitteldorf and Melissa Klopstock which are attached as exhibits to the declarat...

Excerpt: ...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 Dignity Health dba Mercy Hospital Folsom's (“Defendant”) motion for summary judgment, or in the alternative summary adjudication is ruled upon as follows. Defendant's request for judicial notice is granted. I. Overview This is an employment action. Plaintiff Aundr...

Excerpt: ... Plaintiffs filed this action on 1/8/2014. They were initially represented by the Poswall, White & Cutler law firm (“PWC”). On 7/29/2015, PWC substituted out and Nancy Hersh (“Hersh”) substituted in. On 8/25/2017, the Court granted Plaintiffs' motion to continue trial based on the parties' stipulation. (Declaration of Adam Hale (“Hale Decl.”), Exs. B, C.) The 9/25/2017 trial date was vacated and the parties were referred back to the T...

Excerpt: ...arks' motion to quash deposition subpoenas is ruled upon as follows. This is a putative class action for race and sex discrimination, failure to prevent and various violation of the Labor Code, including failure to pay overtime. Defendant Nationwide Mutual Insurance Co. served subpoenas which can be split into two categories: 1. Teaching Position(s): subpoenas to the Davis School of Realty (“DSR”) and Superior School of Real Estate (“SS...

Excerpt: ...ws. Factual Background This action arises out of two loans, the first in November 2017 for $450,000 relating to property on 48th Street in Sacramento (“November Note”) and the second in December 2017 for $410,000 relating to property on Walnut Avenue in Sacramento (“December Note”). According to the exhibits attached to the operative First Amended Complaint (“1AC”), it appears loans were made by AAJV to VPP with Johnny and Africa each...

Excerpt: ...l is directed to review the Local Rules, effective 1/1/2019. Factual Background In June 2018 plaintiff obtained in Ohio a money judgment of over $145,000 against defendants and thereafter obtained entry of a sister state judgment here in California. Defendants now move pursuant to Code of Civil Procedure §1710.40 to vacate the entry of this sister state judgment or alternatively, pursuant to §1710.50 for a stay of enforcement of the sister stat...

Excerpt: ...se 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 in person or by telephone. This is a collection matter. Defendant now moves pursuant to Code of Civil Procedure §473(b) to set aside the default entered on 3/9/2018 a...

Excerpt: ... Plaintiff argues that she has not been able to schedule the matter for trial because self‐represented Defendant/Cross‐Complainant Karen Morcomb has not moved forward on her crosscomplaint as it relates to Cross‐Defendant Conrad Jimenez. She argues that while Defendant has served Mr. Jimenez with her cross‐complaint she has failed to take his default. The Court's records reflect that Defendant filed the cross‐complaint on October 22, 20...

Excerpt: ... notice are granted. “[A]n action shall be brought to trial within five years after the action is commenced against the defendant.” (CCP § 583.310.) “[A]n action shall be dismissed…after notice to the parties, if the action is not brought to trial within the time prescribed in this article.” (CCP § 583.360(a).) Dismissal is mandatory and not subject to extension, excuse, or exception, except as expressly provided by statute. (CCP § 5...

Excerpt: .... Appearance is required on February 5, 2019. Plaintiff Brian Spears shall be available, by COURTCALL, to participate in oral argument on the continuance date. Defendant Dean Kratzer's motion to dismiss is denied. Defendant moves to dismiss Plaintiff's complaint which was filed on July 7, 2015, on the basis that Plaintiff failed to serve the complaint within three years of filing. A motion to dismiss for delay in service of summons is not a gener...

Excerpt: ...ant to provide full and complete responses to certain requests for production. Requests Nos. 38, 41‐47, 56, and 59‐65 relate to Defendant's investigation and analysis regarding the defects. Requests Nos. 7, 113‐115 and 128 relate to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the requests for production, including those based on relevance, burden and oppression and trade secrets. Plaintiffs are ...

Excerpt: ...Defendant groups' oppositions is granted. An attorney who files a pleading with the court certifies that the pleading has merit “to the best of the [attorney's] knowledge, information, and belief, formed after an inquiry reasonable under the circumstances.” (CCP § 128.7(b).) The attorney certifies that “[t]he allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evident...

Excerpt: ...for defamation along with one for intentional infliction of emotional distress (“IIED”). Plaintiff is a physician whose hospital privileges were in 2014 suspended by defendant Dignity Health in response to allegations by various hospital employees. He alleges that when they learned plaintiff might be regain his privileges, certain employees “falsely and maliciously” reported to the FBI on or about 4/5/2016 that he had made threats against...

Excerpt: ...to plaintiff on 11/26/2018 but received no response and a subsequent telephone call to plaintiff was made on 12/3/2018, to which no response was received. First, Code of Civil Procedure §430.41(a) specifies that the demurring parties shall meet‐and‐confer “in person or by telephone” with the party filing the pleading that is the subject of the demurrer. Thus, merely sending a letter to plaintiff does not satisfy the express statutory req...