Excerpt: ...fendants. She was hired in January 2021 and worked for Defendants for 11 weeks prior to her termination. (undisputed Material Fact "UMF," 2, 17.) upon being hired, Plaintiff signed an Offer Letter which contained an at-will employment provision. (Defendants undisputed Material Facts "DUMF," 1.) During this II-week period, Plaintiff was diagnosed with thyroid cancer which required her to undergo a medical procedure which would cause her to miss a ...

Excerpt: ...onoma's Mohon for Summary Judgment is GRANTED. Defendant's request for judicial notice is DENIED as to request numbers 8 and 9 and GRANTED as to the rest. Plaintiffs' objections to Defendant's evidence are OVERRULED. Defendant's objections to Plaintiff's evidence are OVERRULED. Counsel for Defendant shall prepare a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Underlying Facts: Plaintiffs Gina Pomeroy, Re...

Excerpt: ...enced this achon to cover damages on behalf of an adult, who is using a fictitious name to protect his privacy and was a victim of childhood sexual assault per Code of Civil Procedure ("C.C.P.") section 340.1. (See generally, Complaint.) As alleged in the Complaint, DOE 3, an individual, sexually assaulted or abused by Plaintiff on multiple occasions in Sonoma County around 1970 to 1971 when Plaintiff was then seven or eight years old and was a p...

Excerpt: ...website by the name of www.meridianuniversitvabuse.org which contains defamatory and false statements regarding the university and its faculty and which is open to the public for viewing. The allegedly defamatory and false statements implicate the Plaintiffs' reputations, community standing and business. Plaintiffs assert that the statements made on the website are verifiably false and have resulted in millions of dollars of damages to the univer...

Excerpt: ...website by the name of www.meridianuniversitvabuse.org which contains defamatory and false statements regarding the university and its faculty and which is open to the public for viewing. The allegedly defamatory and false statements implicate the Plaintiffs' reputations, community standing and business. Plaintiffs assert that the statements made on the website are verifiably false and have resulted in millions of dollars of damages to the univer...

Excerpt: ... N.Y., Inc. (2016) 246 Cal.App.4th 566, 590-591.) Specifically, the Code of Civil Procedure provides that "any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any moton made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence." (CCP S 20...

Excerpt: ...are liberally construed. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instruments pleaded, or facts impossible in law. (Rakestraw v. California Physicians' Service (2000) 81 Cal.App.4th 39, 43...

Excerpt: ...ed Agreement") between Plaintiff Uponor, Inc. and Defendants Frederick and Linda Hecht to resolve certain claims in an underlying action. In the underlying action, Defendants brought claims against Plaintiff, a general contractor, and a plumbing subcontractor for property damage allegedly caused by Plaintiff's improperly manufactured tubing, which was subsequently improperly installed by the subcontractor. Defendants asserted various causes of ac...

Excerpt: ...which job she became a member of the California Public Employees' Retrement System ("CalPERS"). (Petition, Exhibit A, pg. 2, 1.) At the time, Decedent's registered domestic partner was a real party in interest, Donna Starr ("Starr"). (ld. at Exhibit A, pg. 2, '1 2.) Decedent listed Starr as a beneficiary when she retired in 2015 and started receiving a monthly retirement benefit of $4,884.63. (ibid.) Decedent separated from Starr in 2017 and marr...

Excerpt: ...principal amount lent plus applicable interest and finance charges for charges he made to the credit card for goods, services, or cash advances. (ld. at "14-5.) Adams' current balance on the credit card is $13,373.78, for which no payments have been made since November 29, 2022, but regarding which there have been no payment disputes claimed. (ld. at 5-13.) We Is Fargo brought this action against Adams alleging causes of achon for: (1) breach of ...

Excerpt: ...ease agreement. Plaintiffs allege that Defendants Patrick King and David Samson planned to surreptitiously transfer the lease for the property originally executed on December 19, 2017 by Jammie King, Patrick King, and Ann Hathaway (as lessors) to Defendant Seed 2 Soul by talking Plaintiff into signing a sublease under false pretenses on November 5, 2018. Plaintiffs allege: A. The sublease was a ploy to remove Plaintiff King from the original leas...

Excerpt: ...p.4th 995, 999; Sykora v. State Dept. of State Hospitals (2014) 25 Cal.App.4th 1530, 1534.) Defendant Jennifer Vertz' counsel shall submita written order that is consistent with this ruling and in compliance with Rule 3.1312. Analysis: As alleged in Plaintiff's First Amended Complaint, Plaintiff and Jennifer Vertz entered into a domestic relationship in 2012. In or around October 2013, Plaintiff and Jennifer Vertz jointly purchased a single- fami...

Excerpt: ...ng the putative Class for settlement purposes; 5. Approving the Class Notice and plan for distribution of the Class Notice to Class Members; and 6. Scheduling a Final Approval Hearing. Preliminary approval is GRANTED. The Final Fairness Hearing is hereby set for November 15, 2023, at 3:00 p.m., in Department 18. BACKGROUND Redwood Oil Company, Inc. ("Defendant") employed Plaintiffs and approximately 1,231 Class Members. Plaintiffs claimed Defenda...

Excerpt: ...is SUSTAINED. (See People v. Ferguson (1982) 129 Cal.App.3d 1014, 1024; People v. McVey (2018) 24 Cal.App.5th 405, 415.) Plaintiff's objection number 2 to County's supplemental memorandum is SUSTAINED the supplemental memorandum violates the 75-day rule of ccp S As to the moton for summary judgment of Plaintiff's claims, Plaintiff's counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. As t...

Excerpt: ...Court 3.1312. Procedural History This action arises from a landlord-tenant relationship established through a written residential lease entered into by Plaintiffs and Defendants. (Motion to Strike ["MTS"I, 4:3-10.) Plaintiffs brought a complaint alleging two causes of action against Defendants for breach of contract and breach of the covenants of good faith and fair dealing, and later filed the FAC adding a third cause of action for intentional i...

Excerpt: ...r "the City"), Plaintiff was required to bring a Government Tort Claim within six months of the accrual of her causes of action. (Gov. Code, S 911.2.) Plaintiff concedes that she did not do so, but states that her reasoning for failing to do so is that she is not a resident of California, thus was not aware of the requirement. However, ignorance of California law is not a basis for excusable neglect. Furthermore, The law neither expects nor requi...

Excerpt: ...r "the City"), Plaintiff was required to bring a Government Tort Claim within six months of the accrual of her causes of action. (Gov. Code, S 911.2.) Plaintiff concedes that she did not do so, but states that her reasoning for failing to do so is that she is not a resident of California, thus was not aware of the requirement. However, ignorance of California law is not a basis for excusable neglect. Furthermore, The law neither expects nor requi...

Excerpt: ...'s previous analysis. While such statement of non-oppositon alone would be sufficient basis on which to sustain the demurrer, the Court has still analyzed the sufficiency of the facts newly alleged in the Second Amended Complaint and finds that they do not adequately plead this matter outside of the Worker's Compensation Exclusivity Rule. The Court notes that Plaintiff did not file any opposition to the first orthe second demurrer. Defendant's co...

Excerpt: ...for ejectment, partition, quiet title, injunctive relief and unjust enrichment, for holding over without a lease, refusing to vacate from the premises, and withholding the real property located at 312 Broadmoor Street, Santa Rosa, California ("Subject Property), in which property White Tornado 312 LLC has a 99% undivided interest. (Complaint, 1-8.) Ramirez cross-complained against Cross-Defendants and other named individuals alleging causes of ac...

Excerpt: ... the Court must approve contracts with third parties before the partition referee enters them, pursuant to CCP S 873.110. This is inaccurate. The statute says that the Court may authorize or approve contracts of the referee with third parties. It is not required. Rather, the "referee may perform any acts necessary to exercise the authority conferred by this title or by order of the court." (CCP S 873.060.) The Court sees no compelling reason to r...

Excerpt: ...ation agreement. (Goldman v. Sunbridge Healthcare, LLC (2013) 220 Cal.App.4th 1160, 1169.) "There are circumstances in which nonsignatories to an agreement containing an arbitration clause can be compelled to arbitrate under that agreement." (Suh v. Superior Ct. (2010) 181 Cal.App.4th 1504, 1513.) "As one authority has stated, there are six theories by which a nonsignatory may be bound to arbitrate: '(a) incorporation by reference; (b) assumption...

Excerpt: ...23. On November 23, 2022, Quantum Mechanical served its Document Requests, Set Two to Plaintiff. Plaintiff requested an extension of time to respond, to which Quantum Mechanical agreed, and Plaintiff provided responses on January 4, 2023. Plaintiff's responses to the items at issue in this motion stated that Plaintiff would produce responsive documents which were not privileged or protected. On January 11, 2023, after the cut-off for discovery pr...

Excerpt: ...issions is GRANTED. Plaintiff's request for sanctions is GRANTED but reduced to the amount of $1,500 total for costs and fees incurred in bringing both motions. The Court finds that $1,500 is reasonable compensation for the motions and reasonable deterrence for future discovery violations. Procedural History This action involves a breach of warranty claim pursuant to the Song-Beverly Consumer Warranty Act involving Plaintiffs vehicle. (Motion to ...

Excerpt: ...ed grocery stores and bakeries. Plaintiff, a native Spanish speaker, worked for Defendant from approximately August 2019 to May 2022, first as a cashier and then as a manager. Plaintiff alleges eight causes of action against all Defendants in this case: Whistleblower Retaliation; Gender Discrimination; Gender Harassment; Retaliation; Failure to Take Steps Necessary to Prevent Gender Discrimination, Harassment, or Retaliation; Negligent Hiring, Su...

Excerpt: ...lleges that his predecessor in interest as owner of the Property, the George and Rita Lillis Family Trust (the "Lillis Trust") entered into the Agreement with Defendant Katherine who, in return for payment, agreed to manage the Property and perform certain tasks such as conducting inspections, performing maintenance, making reasonably necessary alterations and repairs. "Defendant" continued to be obligated and regularly paid under the Agreement u...