Excerpt: ...ounsel shall be available at the hearing, in person or by telephone, in the event plaintiffs' counsel appears without following the procedures set forth in Local Rule 2.9. Defendant's demurrer to the first cause of action for violation of Propositions 13, 62, and 218 – California Constitution, Articles 13A, 13B, and 13C on the ground of failure to state sufficient facts is SUSTAINED WITH LEAVE TO AMEND. Plaintiffs seek a refund of all fees defe...

Excerpt: ...ed‐for component of a specific high‐priced menu item.”) When those allegations were made, there was no law clarifying whether section 25980 banned the provision of foie gras as a bargained‐for component of a specific high‐priced menu item. And since the complaint alleges that Chef Frank was outspoken about the law and predicted it would drive sales underground, and his practices were similar to what a different chef described as a way �...

Excerpt: ...on does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Defendant's counsel is directed to contact Plaintiff's counsel forthwith and advise plaintiff's counsel of Local Rule 2.9 and the Court's tentative ruling procedure. If Defendant's counsel is unable to contact Plaintiff's counsel prior to the hearing, Defendant's counsel shall be available at the hearing, in person or by telephone, in the event Plaint...

Excerpt: ...e petition was filed. This petition, however, also seeks an injunction barring future actions/decisions. On that basis, the Court believes the later evidence is relevant and properly included and the motion to limit the scope is, therefore, DENIED. That being said, the Court does not believe a granting of the motion would have had any impact on its decision on the underlying petition. [2] PETITION FOR WRIT OF MANDAMUS Tentative Ruling: Petitioner...

Excerpt: ...ision (a)(2), which provides for an injunction “[w]hen it appears by the complaint or affidavits that the commission or continuance of some act during the litigation would produce waste, or great or irreparable injury, to a party to the action.” (Ex Parte Application, filed July 24, 2019 (Application) at 4:4.) However, the Memorandum of Points and Authorities section of the Application argues that an injunction is appropriate pursuant to Cali...

Excerpt: ...able at the hearing, in person or by telephone, in the event plaintiffs' counsel appears without following the procedures set forth in Local Rule 2.9. Defendant State Farm General Insurance Company's demurrer to the fourth cause of action for concealment and fifth cause of action for negligent misrepresentation on the ground of failure to state sufficient facts is SUSTAINED WITH LEAVE TO AMEND. Plaintiffs Emily Cocks and Andrew Skolnick have not ...

Excerpt: ...Rules of Court, rule 3.1700(a).) To be recoverable, costs must be reasonable in amount and reasonably necessary to the conduct of litigation. (§ 1033.5, subd. (c)(1)‐(3).) If the items listed in the memorandum of costs appear proper on their face, then the verified statement is prima facie evidence of their propriety. (Jones v. Dumrichob (1998) 63 Cal.App.4th 1258, 1267; Perko's Enterprises, Inc. v. RRNS Enterprises (1992) 4 Cal.App.4th 238, 2...

Excerpt: ... demurrer are stated in the notice. (Code Civ. Proc., § 1010.) Defendants' demurrer to the first amended complaint on the ground of uncertainty [Code Civ. Proc., § 430.10, subd. (f)] is OVERRULED. Defendants' demurrer to the first cause of action for breach of the implied contract of continued employment and second cause of action for breach of the implied covenant of good faith and fair dealing on the ground of uncertainty is OVERRULED. The Co...

Excerpt: ...as moot. Cross‐Defendant J. Stanley Teixeira is directed to submit to this court, within seven (7) days of service of the minute order, a proposed judgment dismissing the third‐party cross‐complaint of Oscar Luna. Explanation: The third‐party cross‐complaint filed by Cross‐Complainant Oscar Luna (“Luna”) raises causes of action: (1) abuse of process, (2) intentional infliction of emotional distress, (3) negligent infliction of emo...

Excerpt: ...dants did not defend their objections in their opposition, all objections are not substantiated, and thus are overruled. (Fairmont Ins. Co. v. Super. Ct. (2000) 22 Cal.4th 245, 254.) The Court fails to see how the attorney‐client privilege or the work product doctrine apply as the interrogatory only seeks facts based on defendants' personal knowledge. A further response from each defendant is warranted because defendants did not provide the inf...

Excerpt: ...solidation of these matters would promote judicial economy in light of the fact that all four cases involve the same tragic incident, with a significant overlap of evidence and witnesses. Because plaintiffs Theodore Shushereba and Ceclia Rose Shushereba allege defendant Pathway Home is liable on account of failures on the part of their employees who happen to be two of the decedents in the related matters, the Court would consider a future motion...

Excerpt: ...ers, Inc. v. Forcum/Mackey Construction, Inc. (2004) 119 Cal.App.4th 848, 852, citing Munoz v. Davis (1983) 141 Cal. App. 3d 420, 425.) “Generally, it is based on a duty owed to the underlying plaintiff[.]” (Id.) Defendant/cross‐complainant Bruce Tucker Construction Inc. (“BTC”) alleges Ryan and Delta Consulting and Engineering of St. Helena (“Delta”) entered into a contract to provide design services related to the construction of ...

Excerpt: ...el shall be available at the hearing, in person or by telephone, in the event defendants' counsel appears without following the procedures set forth in Local Rule 2.9. Plaintiffs Joanne Strickland and Clean! The Series, LLC's motion for a preliminary injunction is GRANTED. Plaintiffs seeks an order restraining defendants Lil' Wave Financial, Inc. dba Superior Loan Servicing (“Loan Servicing”), Mark Capalongan, Sandra Capalongan, Jimmy Hui, Ji...

Excerpt: ...issions are deemed admitted by defendants. (Code Civ. Proc., § 2033.280, subd. (b).) Plaintiff's request for monetary sanctions is DENIED. The request is not codecompliant. Plaintiff did not cite in the notice of motion a specific code section authorizing sanctions. (Code Civ. Proc., §§ 2023.030‐2023.040; see Weil & Brown, Cal. Practice Guide: Civil Proc. Before Trial (Rutter Group 2018) at § 8:2000 [“The notice of motion must contain a r...

Excerpt: ...Defendant insurance agent/broker (Samrick) and Defendant insurer (State Farm) for damages arising out of the destruction of their home by fire. The Second Amended Complaint represents Plaintiffs' third attempt to allege a cause of action for breach of fiduciary duty. A complaint must contain “facts constituting the cause of action.” (Code Civ. Proc. § 425.10, subd. (a)(1).) A demurrer is treated as “admitting all material facts properly pl...

Excerpt: ...r Illumina, Marcus Burch, declares his legal team conducted preliminary searches of certain systems, which did not result in any hits. (Bruch Decl., ¶ 3.) He adds that his legal team also made internal inquiries with applicable personnel in the finance and sales departments, and the personnel were entirely unfamiliar with RR Health. (Id.) Thus, it does not appear Illumina possess documents responsive to the subpoena. Moreover, based on the paper...

Excerpt: ...horities, the Sills are seeking further responses and production responsive to request for production of document numbers 17, 23, and 29‐30. The Court believes the appropriate provision for the motion may be Code of Civil Procedure section 2025.480, but it is not clear as the Sills failed to file the Notices of Deposition and Requests for Production of Documents as an exhibit. In fact, the Sills submitted no evidence whatsoever to support their...

Excerpt: ...e for the San Francisco County Superior Court. The Clerk is directed to transmit to the clerk of the Superior Court for San Francisco County a certified or exemplified copy of this order, together with all papers in the proceeding on file. The Defendants are directed to send notice to the parties. The case is set for a review hearing on September 18, 2019 at 8:30 a.m. in Dept. A of the Napa County Superior Court. The hearing is to confirm receipt...

Excerpt: ... and that as a result, the Court is without authority to issue sanctions pursuant to that section. In reply, Plaintiff contends that her meet and confer letter providing 23 days' notice of her intention to bring a motion for sanctions under Civil Procedure Code section 128.7, satisfied the requirements of section 128.5. Not so. The safe‐harbor provision at issue reads: If the alleged action or tactic is the making or opposing of a written motio...

Excerpt: ...e third, fourth, and fifth causes of action in the first amended verified cross‐complaint and make a request for judicial notice. A. Third Cause of Action The Belchers' demurrer to the third cause of action for quiet title/easement by necessity on the ground of failure to state sufficient facts is SUSTAINED WITHOUT LEAVE TO AMEND. Defendants/cross‐complainants Michael F. Nichelini and Kelly J. Nichelini, Robert Charles Lee and Terri Lynn, Nic...

Excerpt: ...the appeal of the U.S. District Court for the Central District of California's order [restricting the Defendant Attorney General of California…from enforcing California Health and Safety Code § 25982 against Plaintiffs' USDA‐approved poultry products containing foie gras] in Ass'n des Eleveurs de Canards et d'Oies du Quebec v. Harris (C.D. Cal. Jan. 7, 2015) 79 F.Supp.3d 1136. On September 15, 2017, the United States Court of Appeals for the...

Excerpt: ...loyee's job performance or opportunity for advancement in his or her career.” (Yanowitz v. L'Oreal USA, Inc. (2005) 36 Cal.4th 1028, 1054.) In making this determination, the terms and conditions of employment “must be interpreted liberally and with a reasonable appreciation of the realities of the workplace.” (Ibid.) The gist of Plaintiff's allegations in this case is that her assignment requests were denied in favor of a newly hired teache...

Excerpt: ... as a result of exposure to defendants' allegedly toxic products during Mr. Valva's career. Defendant Sherwin Williams Company (SWC) demurs to Plaintiffs' Complaint on the ground that it fails to state facts sufficient to sustain the fourth cause of action for fraudulent concealment. Specifically, SWC asserts that, “the Complaint contains no factual allegations of any fiduciary relationship, transaction, or even communication or contact between...

Excerpt: ... upon any party misusing the discovery process, including terminating sanctions consisting of an order striking the party's pleading. (Code Civ. Proc. § 2023.030, subd. (c).) If a party fails to obey an order compelling further response to interrogatories, “the court may make those orders that are just, including the imposition of…a terminating sanction….” (Code Civ. Proc. § 2023.030, subd. (d).) In lieu of, or in addition to, that sanc...

Excerpt: ...ction or proceeding.” (Code Civ. Proc. § 1032, subd. (b).) In order to recover costs, the prevailing party is required to file and serve a Memorandum of Costs. (Cal. Rules of Court, rule 3.1700(a).) To be recoverable, costs must be reasonable in amount and reasonably necessary to the conduct of litigation. (Code Civ. Proc. § 1033.5, subd. (c)(1)‐(3).) If the items listed in the Memorandum of Costs appear proper on their face, then the verif...