Excerpt: ...tire Complaint or, in the alternative, striking certain portions is GRANTED in part and DENIED in part as follows. Defendants' request for judicial notice is granted. Plaintiff filed a Complaint against Defendants on December 15, 2021, alleging a single cause of action for retaliation in violation of California Health & Safety Code section 1278.5, which protects healthcare workers and medical staff from retaliation for reporting unsafe patient ca...

Excerpt: ...rts, before” the Court rules on defendants Jennifer Kelly, Veronica Crudo, Matthew Crudo And Melissa Jimenez's (collectively “Defendants”) motion to compel Plaintiff Trap LLC's compliance with settlement agreement, which is being concurrently heard. Plaintiff states that “[i]t is expected that Plaintiff can not [sic] object to any offer of $240,000 or higher despite his ability to bid on the property. Because there was no ongoing business...

Excerpt: ...unsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Petitioners' counsel is unable to contact Respondent's counsel prior to the hearing, Petitioners' counsel shall be available at the hearing, by Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event Respondent's counsel appears without following the procedures set forth in Local Rule 1.06(B). Petitioners' petition for order compelling compliance ...

Excerpt: ...s Windsor Norcal 13 Holdings, LLC; S&F Management Company, LLC; S&F Management Company, Inc.; Lee Samson; Lawrence Feigen; and Donny Feldman's (collectively, the “Windsor Corporate Defendants”) joinder is granted. In this elder abuse action, plaintiff Katherine Felkins, individually and on behalf of her father, Donald Knestrict, as his successor‐in‐interest, allege causes of action arising out of the care Mr. Knestrict received at Windsor...

Excerpt: ...ly, “Plaintiffs”) filed their form Complaint on February 9, 2021, alleging causes of action for motor vehicle (personal injury), general negligence, and loss of consortium. The Complaint alleges “Defendants owed Plaintiffs and others on the road a duty of care and breached that duty by operating vehicles in manners that caused motor vehicle collision to plaintiffs' vehicle. Defendants also violated California Vehicle Code Section 216658. Pl...

Excerpt: ...t John Mourier Construction, Inc. (“John Mourier”) within the development commonly known as the Bishop Ranch subdivision located in Elk Grove, California (the “Subject Project”). The action has been overseen by Special Master John Riddle. Plaintiffs filed this action on June 16, 2015, against multiple defendants, including John Mourier. The operative Second Amended Complaint was filed on April 9, 2018. John Mourier filed a Cross‐Complai...

Excerpt: ...it appears Drake's motion is in a reality a Motion for Terminating Sanctions ‐ “Under the totality of the facts in this case, terminating sanctions under CCP 2023.030 is [sic] appropriate and Drakes request [sic] Roberts answer be stricken . . .” (Mov. P&A, ¶ 9: 2‐6.) Drake is admonished for failing to comply with the California Rules of Court regarding format of motion papers. (See Cal. Rules of Court, rules 3.1110 ‐ 3.1113.) FACTS: O...

Excerpt: ...r Defendant Simons could not locate him, despite multiple voice messages, emails, and hiring an investigative analyst. (Ibid.) On May 27, 2021, Plaintiffs filed their Complaint alleging a cause of action for motor vehicle/negligence. (ROA 1.) On June 18, 2021, Plaintiffs filed a First Amended Complaint (“FAC”). (ROA 8.) On September 27, 2021, Defendant Simons answered the FAC. (ROA 12.) On October 25, 2021, Plaintiffs propounded and served Fo...

Excerpt: ...property located at 2601 5th Street, Sacramento, California (“Subject Property”) as a public nuisance pursuant to Civil Code sections 3479 and 3480 and Sacramento City Code chapters 8.04, 8.96, 8.100, and 15.04. (MPA, 5.) Plaintiff also requests an order that Defendants secure the Subject Property pending remedial repairs and full compliance with the Sacramento City Code. (Id., 5‐6.) Since the Court's Order on 3/2/202, Defendants Eugene Bug...

Excerpt: ...oving counsel is directed to contact opposing counsel and advise them 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 the hearing, moving counsel is ordered to appear at the hearing by Zoom or telephone. VSS's opposition fails to comply with the Rules of Court which require that “[a] memorandum that exceeds 10 pages must include a...

Excerpt: ...unsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. Moving counsel is also ordered to be available at the hearing in the event Defendant appears without following the procedures set forth in Local Rule 1.06(B). Background The underlying action is a representative action under PAGA based on alleged violations of the Labor Code and Industrial Welfare Commission Order No. 4‐20...

Excerpt: ... §§ 12900et seq.) On March 29, 2022, Plaintiff filed a Notice of Conditional Settlement. On March 10, 2022, Plaintiff accepted Defendant's CCP § 998 Offer, which provides for payment of $50,000.01 in return for a dismissal with prejudice, “exclusive of any and all recoverable attorney's fees and costs.” (Allen Dec., Exh. A.) Plaintiff now seeks attorneys' fees and costs pursuant to Government Code section 12965 in the amount of $23,695 (re...

Excerpt: ... Defendants' unopposed motion to compel Plaintiff Brett Charles' ("Plaintiff") attendance at deposition along with the documents requested. (ROA 87.) The Court ordered Plaintiff to appear for deposition and submit to examination along with the documents requested no later than October 15, 2021 unless Defendants agreed to a later date memorialized in writing. (Ibid.) The Court ordered the parties to “meet‐and‐confer in an attempt to find a m...

Excerpt: ...�� collectively) filed their Complaint against Defendants. According to the Complaint, Plaintiffs were tenants of a unit (the Premises) at a multiresidential property (the Property) located in Sacramento that Defendants owned, controlled, or managed during the relevant period of time. (Complaint, ¶¶ 2, 6.) Plaintiffs entered a residential lease agreement for the Premises with Defendants around January 2018. (Id., ¶ 15.) The Property is located...

Excerpt: ...ed upon defective service. Plaintiff filed his Complaint on August 24, 2018, alleging claims for violation of Civil Code sections 51 and 51.7, conversion, intentional infliction of emotional distress, Consumer Legal Remedies Act, and injunctive relief. Plaintiff now seeks to add causes of action for fraud, negligence, and violations of the Song‐Beverly Consumer Warranty Act, and to remove the claim for injunctive relief. Plaintiff contends the ...

Excerpt: ...uest 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 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hile the existence of any document in...

Excerpt: ...result of the collision, Plaintiff alleges personal injuries. Plaintiff filed her Complaint for negligence on June 22, 2020. Plaintiff is claiming injury to her left and right shoulders, neck, and upper and lower back. (Fleming Decl. ¶ 5, Exh. B (Plaintiff's Depo. at pp. 131:21‐133:24, 134:11‐19).) Plaintiff's discovery responses indicate that as of September 10, 2020, she continued to have left shoulder pain. Plaintiff underwent left should...

Excerpt: ... California 95814. Defendant shall notify Plaintiff immediately. This is an employment class action. Defendant employed Plaintiff as an hourly, nonexempt employee from approximately May 2019 to February 2020. (Compl. ¶ 18.) On November 3, 2021, Plaintiff filed his Class Action Complaint alleging various violations of the Labor Code and the California Business and Professions Code. These include claims for unpaid overtime, unpaid meal period prem...

Excerpt: ... violations of the Patient's/Resident's Bill of Rights brought by plaintiff Kara Hagstrom, by and through her Guardian ad Litem, Wesley Hagstrom (“Plaintiff” or “Kara”). Plaintiff is a bedbound, non‐verbal, developmentally disabled adult. Plaintiff filed the Second Amended Complaint (“2AC”) on January 30, 2020, naming Alta as a defendant. Alta's demurrer to the 2AC was sustained with leave to amend on September 3, 2020. (ROA 144.) P...

Excerpt: ...investment scheme. On or about February 15, 2022, Plaintiff served a deposition subpoena for production of business records on Bank of America, N.A. (Declaration of Ray Guanill, Jr. (“Guanill, Jr. Decl.”), Ex. A.) The subpoena stated: “FOR EACH AND EVERY ACCOUNT, INCLUDING CHECKING, SAVINGS, OR ANY OTHER ACCOUNT IN ANY FORM, HELD, OR EVER HELD, BY A CALIFORNIA BASED LIMITED LIABILITY COMPANY IDENTIFIED AS: (I) "R & S REI LLC" AND/OR (2) R &...

Excerpt: ...essed 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 Department of General Services (“DGS”) motion for summary judgment, or in the alternative, summary adjudication, is ruled upon as follows. I. Overview This action arises from a construction and leasing agreement between DGS and Plaintiff, CHP Facility...

Excerpt: ...ment is permitted on law and motion matters. *** Defendants Northland Group, Inc. (“Northland”), LVNV Funding, LLC (“LVNV”) and Resurgent Capital Services, L.P.'s (“Resurgent”) (collectively “Defendants”) demurrer to Plaintiff Marianne Lourick's (“Lourick”) second amended complaint (“SAC”) is ruled upon as follows. The Court, in its discretion, will consider Defendants' memorandum of points and authorities although it exce...

Excerpt: ...il December 2019. Plaintiff was a Data Processing Manager I in the Technology Division. She was not a badged officer. Plaintiff alleges that after Tillman learned Plaintiff was getting a divorce, he began to urgently and immediately pursue her. They entered into a consensual relationship, but Tillman began physically abusing and controlling Plaintiff. Tillman's abuse escalated when Plaintiff attempted to end the relationship beginning in late 201...

Excerpt: ...cedure [sic]…” However, Emergency Rule 12 authorizing service by email was repealed by the Judicial Council effective 11/13/2020. Ordinarily, such defective service would deprive the Court of jurisdiction to entertain this motion but the opposition failed to timely object to the defective service, thereby waiving the defect. Regardless, the present motion to amend fails to comply with the mandatory provisions of CRC Rule 3.1324(a)(2) and (3) ...

Excerpt: ...ourt'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 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 by Zoom or by telephone. Factual Background This action commenced on 10/19/2021 arises o...