Excerpt: ... objections are therefore waived. As the court has been provided with no evidence that plaintiff has since served responses to the Requests for Admission which substantially comply with §2033.220, the law directs the court that it shall make the order deeming the requests admitted (§2033.280(c).) The Court also finds that no substantial justification has been provided for the failure to timely serve responses, nor for the substance of the oppos...

Excerpt: ...ing rulings: The Court finds that by the evidence presented in support of the motion Plaintiff met its initial burden to demonstrate each of the required elements for the cause of action and entitlement to judgment on that cause of action. As Defendant did not file any opposition to the motion, Defendant has failed to meet her burden to show any triable issue of fact. Accordingly, the motion for summary judgment on the Complaint is GRANTED. Plain...

Excerpt: ...s, and separate statements submitted by the parties, the Court makes the following rulings: Coco's and Catalina's motion for summary judgment and summary adjudication is DENIED. The summary judgment/adjudication statute, Code of Civil Procedure section 437c, provides that the motion and supporting papers must be served on all other parties to the action at least 75 days before the time appointed for the hearing. If the notice is served electronic...

Excerpt: ... do not consider points raised for the first time on reply for due process reasons. (See In re Tiffany Y. (1990) 223 Cal.App.3d 298, 302‐303 [“ ‘The general rule is that points raised in a reply brief for the first time will not be considered unless good cause is shown for the failure to present them before' [Citations.]”]; see also Reichardt v. Hoffman (1997) 52 Cal.App.4th 754, 764; REO Broadcasting Consultants v. Martin (1999) 69 Cal.A...

Excerpt: ...ank”) to the First Amended Complaint (“FAC”) of Plaintiff Guy Cavicchia (“Plaintiff”), current Administrator of the Estate of Decedent Patricia Lynn Hairston. The FAC states three causes of action for Negligence, against Defendant Jeanette Taggart (“Taggart,” the attorney for the former administrator of the estate Tracy Infante), Fidelity and U.S. Bank respectively. The other two demurrers are separately brought by Fidelity and U.S....

Excerpt: ... the plywood platform upon which Decedent stood collapsed, resulting in Decedent's multi‐story fall and subsequent death. (See SAC, ¶¶ 18, 20.) On January 16, 2018, the Court sustained the demurrer by defendant Alamillo Rebar, Inc. (“Alamillo”) to the fifth cause of action for negligent infliction of emotional distress of the first amended complaint. On January 29, 2018, plaintiffs Irma Vargas, individually and as representative of the Es...

Excerpt: ... has been a tragic intervening traumatic event which no one could have anticipated, defendant cannot be faulted for or bound to a strategic decision. The need for further inquiry supports good cause. On the other hand, plaintiff should not be compelled to suffer unnecessarily by submitting to further examination. It is true that a medical examination ordered by defendant explored these symptoms in some detail. However, an examination for a specif...

Excerpt: ...ard. Plaintiff's motions are unopposed. I. Legal Standard for Approving a Class Action Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters addressed to the trial court's broad discretion.” (Wershba v. Apple Computer, Inc. (2001) 91 Cal.App.4th 224, 234‐235, citing Dunk ...

Excerpt: ... at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action brought pursuant to the California Rosenthal Fair Debt Collection Practices Act (“RFDCPA”). According to the Class Action Complaint for Statutory Damages (“Complaint”), filed on February 23, 2017, plaintiff Linda Lee Carlson (“Plaintiff”), on behalf of herself and all persons similarly situated, seeks st...

Excerpt: ... at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. The Second Amended Complaint (“SAC”), filed on May 16, 2018, sets forth the following causes of action: (1) Meal Period Liability Under Labor Code § 226.7; (2) Rest Break Liability Under Labor Code § 226.7; (3) Failure to Pay Minimum Wages; (4) Failure to P...

Excerpt: ...The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. Plaintiff Lingyu Lu (“Plaintiff”) worked as a charge nurse for defendant Surgical Care Affiliates, LLC (“Defendant”) from April 6, 2015 through October 12, 2015. (Complaint, ¶ 16.) Plaintiff alleges that throughout her employment Defendant engaged in the following violations of the la...

Excerpt: ... for hearing before the Honorable Thomas E. Kuhnle on June 29, 2018, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This action arises out of alleged trade secret misappropriation. The First Amended Complaint, filed on January 19, 2018, sets forth the following causes of action: (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) unfair business practices; (4)...

Excerpt: ...�the Property”), after which they obtained a revolving line of credit from Cathay Bank secured by the Property via a deed of trust (“Cathay Bank DOT”). Subsequently, the Changs obtained a loan secured by the Property via a deed of trust, which was eventually assigned to Defendant (“Defendant's DOT”). A foreclosure sale was conducted pursuant to the Cathay Bank DOT, and Trustway Investments, LLC purchased the Property. Trustway Investmen...

Excerpt: ...adford Baugh (“Defendant Baugh”), Plaintiff's former attorney in a marital dissolution action and the only named defendant remaining in this action as a prior demurrer by Defendant Jeanne Schmidt was sustained without leave to amend and a prior motion to quash service of summons for lack of personal jurisdiction brought by Defendant Thomas Kenefick was granted Requests for Judicial Notice A precondition to judicial notice in either its permis...

Excerpt: ...e allegations of the operative SAC, in June 2012, Plaintiff became the owner of an industrial office space located in Santa Clara (the “Property”). (SAC, ¶ 9.) At the time of Plaintiff's purchase of the Property, Defendants were an existing tenant and continued to rent space from Plaintiff under an oral month‐to‐month agreement. (Id.) During the lease negotiations, Martinez represented that both he, personally, and his corporation, Top G...

Excerpt: ...to be performed by plaintiff CSNI on behalf of patient “G.H.” would be paid. (Complaint, ¶BC‐1.) The UCR in the geographical area of plaintiff for the services rendered on behalf of defendants' insured patient is $93,500. (Complaint, ¶BC‐4.) Defendants agreed to pay 60% of the UCR, or $56,100. (Id.) Defendants paid $13,735.80. (Id.) Defendants failed to pay $41,539.89. (Complaint, ¶¶BC‐2 and BC‐4.) On February 20, 2018, plaintiff ...

Excerpt: ... First, this claim is suspect, because if multiple objections to the subpoena by non‐parties were served before the motion to quash was filed, certainly the initial moving papers would have addressed this issue (and it appears that Defendant Jennifer Morgan controls each of these entities, as she signed all but one of the objections). More importantly, the Court will not consider evidence or new arguments first made in reply papers, and courts ...

Excerpt: ...to insure against losses resulting from, among other things, computer fraud and funds transfer fraud. In 2015, Plaintiff suffered a covered loss when someone sent emails impersonating its Chief Executive Officer and made phone calls impersonating its mergers‐and‐acquisitions attorney to request funds from its Chief Accounting Officer, who thereafter wired funds totaling $46,683,232 to foreign bank accounts. Plaintiff tendered a claim for this...

Excerpt: ... 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 4.1, 4.2, 7.1, 7.2, 7.3, 12.1, 12.2, 12.3, 12.4, 12.5, 12.6, 12.7, 13.1, 13.2, 14.1, 14.2, 15.1, 16.1, 16.2, 16.3, 16.6, 16.10, 17.1, 20.1, 20.2, 20.3, 20.4, 20.5, 20.6, 20.7, 20.8, 20.9, 20.10, 20.11, special interrogatories (“SIs”) numbers 1‐45, and requests for production of documents (“RPDs”) numbers 1‐23. On October 2, 2017, defendant Union Pacific Railroad Company (“UPRR”) provided verifie...

Excerpt: ...��). According to the operative first amended complaint (“FAC”), Plaintiff purchased a 2011 BMW 550i vehicle (the “Vehicle”) manufactured and/or distributed by Defendants. (FAC, ¶ 8.) In connection with this purchase, Plaintiff received an express written warranty providing that Defendants would repair the Vehicle in the event it developed a defect during the warranty period. (Id., ¶ 9.) When the warranty period was in effect, the Vehic...

Excerpt: ...e, and royalty‐bearing license for intellectual property rights relating to Electroglas semiconductor wafer prober stations (“Intellectual Property”). (Complaint, ¶7.) Section 3.05 of the IPLA requires defendant CPSI to permit FormFactor or FormFactor's accountant or auditor to conduct an audit of defendant CPSI's use of the Intellectual Property and of defendant CPSI's books, records, and any and all data to verify defendant CPSI's compli...

Excerpt: ...sitions and replies have been filed in each of the four motions originally noticed for May 22. The court notes that the motion concerning the document requests was filed on April 2, that the notice of motion references both requests for admission and requests for production, and that the separate statement – although entitled a separate statement in support of further responses to requests for admission – addresses only requests for productio...

Excerpt: ... development in the City of San Jose. (Complaint, ¶¶ 1 and 7.) Plaintiff acts as a homeowners association and all owners of homes within the commoninterest development are mandatory members. (Id. at ¶¶ 1‐2.) Defendant does business as a property developer and landowner in the City of San Jose. (Complaint, ¶ 3.) Defendant owns and intends to develop a multi‐parcel property generally described as Santana Row. (Ibid.) Located within the San...

Excerpt: ...ed to see some detailed listing and proof of costs that are not filing fees. Where costs are discretionary in nature, and the claimed items are not expressly allowed by statute, the burden of proof on a motion to tax costs is on the party claiming them to show that the charges were reasonable and necessary. (Foothill‐De Anza v Emerich (2008) 158 Cal.App.4 th 11, 29; Ladas v California State Auto. Ass'n (1993) 19 Cal.App.4th 761, 774; See Ne...

Excerpt: ...egalForce's request for judicial notice is GRANTED. (Evid. Code, § 452, subd. (h).) LegalForce's motion for summary judgment is GRANTED on the Second Amended Cross‐complaint. With respect to Lai's first cause of action for unlawful sex discrimination, the Court finds that LegalForce has demonstrated that Lai (and Figel) and Au's roles at LegalForce were not similar “in all material respects” because Lai could provide legal advice, the prim...