Excerpt: ...s burden to show, for each cause of action, that "one or more elements of the cause of action ... cannot be established, or that there is a complete defense to the cause of action." (CCP § 437c(p)(2); see Miller v. Fortune Commercial Corporation (2017) 15 Cal.App.5th 214, 220-221.) If the defendant has made this showing, the burden then shifts to the Plaintiff to show one or more triable issues of material fact. (CCP § 437c(p)(2).) "In order to...

Excerpt: ... response to J-MM's subpoena, they suspected that J-MM had limited its request to specific job or jobs that it knew did not involve asbestos-containing pipe products. Plaintiffs served their own subpoena on WVWD shortly thereafter seeking all documents regarding WVWD's relationship with J-MM and documents regarding asbestos pipe. WVWD produced roughly 200,000 documents on November 19, 2019. J-MM claims it needs time to review these documents and ...

Excerpt: ...ts discretion" to "[s]trikeout any irrelevant, false, or improper matter inserted in any pleading." "In order to survive a motion to strike an allegation of punitive damages, the ultimate facts showing an entitlement to such relief must be pled by a plaintiff." (Clauson v. Superior Court (1998) 67 Cal. App. 4th 1253, 1255 [internal citations omitted].) "In passing on the correctness of a ruling on a motion to strike, judges read allegations of a ...

Excerpt: ... Settlement Agreement provides that unclaimed funds will escheat to the Cal. Dept. of Industrial Relations ("DIR") Unclaimed Wages fund. However, according to the DIR's website at , the Labor Commissioner no longer accepts funds payable as a result of the settlement of private litigation. Nevertheless, if the parties (1) enter a modification of the Settlement Agreement containing a proper cy pres designation; and (2) file and serve an appropriate...

Excerpt: ... products manufactured or supplied by defendants, including A-L. Decedent was allegedly exposed to asbestos because of asbestos dust carried home on the clothing of his parents, Jorge and Alysa Perreras. For the reasons discussed below, A-L's motion is GRANTED as a motion for summary judgment, and A-L is ordered to prepare a proposed judgment of dismissal. LEGAL STANDARDS The purpose of summary judgment and adjudication procedures is to allow thi...

Excerpt: ...d the PARTIES ARE ORDERED TO APPEAR. LEGAL STANDARDS The purpose of summary adjudication procedures is to allow this Court to "cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute." (Miller v. Fortune Commercial Corporation (2017) 15 Cal.App.5th 214, 220, citing Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843.) A party may move for summary ad...

Excerpt: ... conditional class certification for purposes of settlement. Plaintiffs also seek court approval of claims raised under the Labor Code Private Attorneys General Act of 2004 ("PAGA") (Labor Code §§ 2698 et seq.). This motion was set for hearing on October 30, 2019, but was continued to this date to allow the parties an opportunity to address concerns with the form of notice and contents of the proposed settlement agreement. The parties have subm...

Excerpt: ...continue. The hearing on this motion will be CONTINUED to December 30, 2019, at 3:00 P.M. in Department 19, Administration Building (Third Floor), 1221 Oak Street, Oakland. A. Father Van Dinh's Clergy File. Plaintiff seeks production of certain documents maintained by RCBO as part of Fr. Van Dinh's "clergy file," which the parties both describe as containing the same kinds of personal information that may be included in employee personnel files. ...

Excerpt: ...whole [; and] (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." Because this code section is mandatory and considers only the health of the moving party, the Court may not engage in a weighing of interests or comparison of potential prejudice to the opposing party once it finds that the moving party has made its showing. (Fox v. Superior Court (2018) 21 Cal.App.5th 5...

Excerpt: ... that a Satisfaction of Mortgage ("SM") was recorded for the property on July 24, 2019. QLSC declares non-monetary status pursuant to Civil Code section 2924l. BANA has filed papers in opposition to the motion. For the reasons discussed below, the motion is DENIED. PROCEDURAL MATTERS Opperwall's motion is untimely. A motion for judgment on the pleadings may not be made against a defendant before the defendant has filed an answer and Plaintiff's t...

Excerpt: ...Joe's Co. Plaintiff's counsel has submitted a declaration including the As You Sow consent judgment, which includes a process by which the defendants in that case fund a panel of scientists to research and lower the "naturally occurring" levels set in that litigation. Plaintiff's counsel also declares that cocoa and cocoa powder are a commodity product whose source is not always readily ascertainable. This does not change the Court's analysis. Pl...

Excerpt: ... that his agreement is unenforceable. For the reasons stated below, Plaintiff's motion is DENIED. This action shall be stayed pending a final determination at arbitration. LEGAL STANDARDS The Federal Arbitration Act ("FAA") (9 U.S.C. §§ 1 et seq.) embodies a "liberal federal policy favoring arbitration agreements, notwithstanding any state substantive or procedural policies to the contrary." (Moses H. Cone Memorial Hosp. v. Mercury Constr. Corp...

Excerpt: ...ests that constitute an undue burden to OUSD. OUSD's argument is that, by slightly varying the content and terms of the requests at issue. OUSD's examples include special interrogatories asking for all persons who "assisted in the preparation of" a board resolution, all persons who assisted in the preparation of the factual findings therein, and the official duties of all persons named in those answers. (Special Interrogatories Nos. 3-5, 8-10, 13...

Excerpt: ...83.310 ["An action shall be brought to trial within five years after the action is commenced against the defendant."].) On July 6, 2015, the Court set a trial date of July 15, 2016. On June 21, 2016, this was continued by stipulation to January 13, 2017. On January 4, 2017, that date was continued to January 26, 2018. On January 10, 2018, the trial date was dropped by stipulation. On May 1, 2018, the Court set a new trial date of April 26, 2019. ...

Excerpt: ...eement in its current form. In lieu of denying the motion, the hearing on this motion is CONTINUED to January 27, 2020, at 3:00 P.M. in Department 19, Administration Building (Third Floor), 1221 Oak Street, Oakland, to provide the parties an opportunity to revise the Settlement Agreement and provide supplemental material RIGHT TO ORAL OBJECTIONS SHOULD NOT BE WAIVED BY FAILURE TO OBJECT IN WRITING The class notice currently states that "even if y...

Excerpt: .... In their earlier motion, Petitioners argued that the Respondent's mechanic's lien is invalid because Respondent failed to give notice to a purported construction lender. The Court initially tentatively denied the motion but continued the motion to allow for an evidentiary hearing on contested issues of fact. In the Petition before the Court today, Petitioners seek relief solely on the separate grounds that Plaintiffs' action to enforce the lien...

Excerpt: ...e treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed. [Citation.] Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation.]" (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Unless a heightened pleading standard applies, a complaint nee...

Excerpt: ...(collectively "J&J"). Plaintiff alleges that Defendant is a "Talc Defendant." Plaintiff alleges that Defendant Rio Tinto Minerals, Inc., a Utah corporation, is the successor-in-interest, parent, alter ego, and equitable trustee of Rio Tinto Minerals, Inc., a Delaware corporation. Plaintiff alleges that all the named Defendants manufactured, sold, distributed, or otherwise placed into the stream of commerce talc powder products containing asbestos...

Excerpt: ... below, the motion is DENIED. LEGAL STANDARDS The purpose of summary judgment and adjudication procedures is to allow this Court to "cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute." (Miller v. Fortune Commercial Corporation (2017) 15 Cal.App.5th 214, 220, citing Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843.) Summary judgment is prope...

Excerpt: ...ies an opportunity to address concerns with the form of notice and contents of the proposed settlement agreement. The parties have submitted an Amended Settlement Agreement and revised class notice, and the Court now considers the sufficiency of those documents as revised. When no class has been certified, as is the case here, the Court must determine whether the case meets requirements for certification. (See Anchem Prods., Inc. v. Windsor (1997...

Excerpt: ...v. Proc. § 1005(b).) Plaintiffs served their motion papers on opposing counsel on October 29, 2019, and filed them with the Court on October 30, 2019. The noticed hearing on this motion is November 4, 2019. The motion was, in short, filed on the third Court day before the hearing. Furthermore, the settlement agreement purports to settle claims raised under the Labor Code Private Attorneys General Act of 2004 ("PAGA") (Lab. Code §§ 2698 et seq....

Excerpt: ...y approved the settlement agreement on July 10, 2019, and ordered the parties to give notice of the settlement to the absent class members. The Court CONFIRMS its Order of July 10, 2019, certifying a class for settlement purposes. The Court APPROVES the Settlement Agreement. The Court has considered (1) the relative strength of the Plaintiffs' case; (2) the high risk, expense, complexity, and likely duration of further litigation of this dispute;...

Excerpt: ...) 134 Cal.App.4th 997, 1006.) Plaintiffs allege harm in the form of diminution in value of their taxi medallions, caused by Uber's unfair competition, but seek disgorgement of Uber's profits, and fail to allege facts showing that Plaintiffs ever possessed, or had a vested ownership interest in, the profits received by Uber. (Id. at 1016 [diminution in value of stock held by plaintiffs due to misrepresentations of defendant was not recoverable as ...

Excerpt: ...t seq.) and the derivative claims/remedies in causes of action two (accounting) and four (injunction), implicate the California Public Utilities Commissions' exclusive jurisdiction and are thus barred by Pub. Util. C. § 1759. (See Hartwell Corp. v. Superior Court (2002) 27 Cal.4th 256; San Diego Gas & Elec. Co. v. Superior Court (Covalt) (1996) 13 Cal.4th 893; Davis v. S. California Edison Co. (2015) 236 Cal.App.4th 619.) Although the scope of t...

Excerpt: ...) 134 Cal.App.4th 997, 1006.) Plaintiffs allege harm in the form of diminution in value of their taxi medallions, caused by Uber's unfair competition, but seek disgorgement of Uber's profits, and fail to allege facts showing that Plaintiffs ever possessed, or had a vested ownership interest in, the profits received by Uber. (Id. at 1016 [diminution in value of stock held by plaintiffs due to misrepresentations of defendant was not recoverable as ...