Excerpt: ...and on any terms as may be proper, allow a party to amend any pleading…' [Citation.] However, the court's discretion will usually be exercised liberally to permit amendment of the pleadings. The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified.” (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) “Although courts are bound to apply a policy of great liberality in...

Excerpt: ... is opposed by Defendant. DISCUSSION I. Applicable Law “Motions for leave to amend are directed to the sound discretion of the judge: ‘The court may, in furtherance of justice and on any terms as may be proper, allow a party to amend any pleading…' [Citation.] However, the court's discretion will usually be exercised liberally to permit amendment of the pleadings. The policy favoring amendment is so strong that it is a rare case in which de...

Excerpt: ...parate discovery requests on Plaintiff: Demand for Inspection of Documents, Set One; General Form Interrogatories, Set One; Employment Form Interrogatories, Set One; Special Interrogatories, Set One; Requests for Admission, Set One. The time for responding to this discovery has long since expired. According to Plaintiff's Opposition papers filed on 2/1/22, the motions are moot because complete, code compliant verified responses to all of the disc...

Excerpt: ...lement and the Plaintiff justifiably relied upon the statement [email] from Judge Overton that there is no settlement.” Plaintiff does not specify, but the Court presumes Plaintiff is seeking relief pursuant to Code of Civil Procedure §473(b) which provides that: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her thr...

Excerpt: ... aggrieved employees for all hours worked, missed meal periods and rest breaks. (Complaint, ¶ 21.) KNI had the authority to hire and terminate Morris and other aggrieved employees and KNI exercised sufficient authority over the terms and conditions of their employment. (Complaint, ¶ 22, 23.) Morris and other aggrieved employees worked over eight hours a day and/or forty hours per week during their employment with KNI. (Complaint, ¶ 26.) Morris...

Excerpt: ... has long since expired. According to Plaintiff's Opposition do not dispute that Plaintiff failed to make a timely response to this discovery. Instead, Plaintiff suggests that the motion is moot because complete, code compliant verified responses and all documents have now been provided. Plaintiff's Opposition does not include a copy the verified responses, so the Court cannot determine if such responses have been provided. Defendant disputes tha...

Excerpt: ...parate discovery requests on Plaintiff: Demand for Inspection of Documents, Set One; General Form Interrogatories, Set One; Employment Form Interrogatories, Set One; Special Interrogatories, Set One; Requests for Admission, Set One. The time for responding to this discovery has long since expired. According to Plaintiff's untimely Opposition papers filed on 2/1/22 the motion is moot because complete, code compliant verified responses to all of th...

Excerpt: ...”) alleging and seeking to enjoin the alleged wasting of taxpayer property by failing to properly maintain the Reid‐Hillview airport (“Reid‐ Hillview” or “RHA”) and from causing further disrepair to it. (Complaint, ¶ 3.) According to the allegations of the Complaint, RHA provides and supports emergency responses for Bay Area Hospitals, in addition to housing Cal Fire operations and the Civil Air Patrol, which provides disaster reli...

Excerpt: ...'s parent company. (FAC, ¶11.) She was elected a member of the Board of Directors (“Board”) and she remained on the Board until September 2020. (Ibid.) On May 14, 2015, CSC Group established CSC Group International Corp. (“CSC International”), which was Hone Capital's predecessor company. CSC International was to be used for investing venture capital in early‐state technology start‐ups in Silicon Valley. (FAC, ¶12.) Wu was appointed...

Excerpt: ... parent company. (FAC, ¶11.) She was elected a member of the Board of Directors (“Board”) and remained on the Board until September 2020. (Ibid.) On May 14, 2015, CSC Group established CSC Group International Corp. (“CSC International”), which was Hone Capital's predecessor company. CSC International was to be used for investing venture capital in early‐state technology start‐ups in Silicon Valley. (FAC, ¶12.) Wu was appointed the P...

Excerpt: ...it of Arena Origination. According to the allegations of the FAC, in late 2018 and early 2019, Plaintiff and defendant 199 Bassett Owner, LLC (“199 Bassett Owner”) were in negotiations for 199 Bassett Owner's purchase of the property located at 199 Bassett Street in San Jose (the “Property”). (SAC, ¶¶ 4, 17.) As part of those negotiations, 199 Bassett Owner requested that Plaintiff provide financing in the amount of $6,000,000, and Plai...

Excerpt: ...5.38 provides that “[t]he court shall direct that the party prevailing on any motion under this chapter be awarded the reasonable attorney's fees and costs of making or opposing the motion unless the court finds that the other party acted with substantial justification or that other circumstances make the imposition of attorney's fees and costs unjust.” See, Castro v. Superior Court (California Savings) (2004) 116 Cal. App. 4th 1010, 1016 (�...

Excerpt: ...atoga Sunnyvale Road in the bicycle lane when he encountered a dangerous condition of public property. (Complaint, ¶ 17.) Specifically, the subject roadway was undergoing construction and was covered in a patch of bumpy, slightly soft, tar or asphalt that was up to 5 inches above the surrounding road. (Id., ¶ 18.) Plaintiff was unaware of this “cold patch” until he rode over it because it did not exist on the roadway prior to construction a...

Excerpt: ...by Plaintiff. DISCUSSION A. Legal Standard Both California and federal law favor enforcement of valid arbitration agreements. (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97, 99 Cal.Rptr.2d 745, 6 P.3d 669 (Armendariz), abrogated in part on another ground in **233 AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333, 339–340, 131 S.Ct. 1740, 179 L.Ed.2d 742.) The California Arbitration Act (CAA), Code of Civil ...

Excerpt: ...actured and/or distributed by FMC. (Complaint, ¶ 8.) In connection with the purchase, Plaintiffs received an express written warranty, including a 3‐year/36,000 mile express bumper to bumper warranty, a 5‐year/60,000 mile powertrain warranty, which covers the engine and transmission. (Complaint, ¶ 9.) During the warranty period, the Vehicle contained or developed defects, including but not limited to, defects related to the transmission; de...

Excerpt: ...chased a 2013 Ford Fusion (the vehicle) from nonparty Drew Ford (Drew). The vehicle was purchased on June 18, 2013 and the purchase was governed by written “RETAIL INSTALLMENT SALE CONTRACT – SIMPLE FINANCE CHARGE” (with arbitration provision) (“RISC”) that was signed by both Plaintiffs. The Vehicle was manufactured by Ford and at various times as alleged in Plaintiffs' Complaint the vehicle was presented for repairs at Penske. Plaintif...

Excerpt: ... the Successor in Interest to Gindin. The primary purpose of the injunctions was to compel the property owners to correct a wide range of problems that resulted in both substandard living conditions for residents and an unsafe environment for everyone in the neighborhood as a result of rampant criminal and gangrelated activity in the neighborhood. The injunctions were modified in 2008 to make orders regarding security services applicable to the p...

Excerpt: ...ut of an underlying business dispute. According to the allegations of the operative First Amended Complaint (“FAC”), Plaintiffs are in the business of manufacturing bedwetting alarms which are sold worldwide. (FAC, ¶ 8.) One of Plaintiffs main competitors was and is Malem Medical, a British company that sells its products in the United States through a company named Enuresis Associates. (Id.) Hereafter, these entities will collectively be re...

Excerpt: ...ns of this Court's orders regarding discovery, William's Complaint was ultimately dismissed and her Answer to Kraft's Cross Complaint was stricken. DISCUSSION A. Legal Standard Evidence Code section 452(d), provides that the Court may take judicial notice of “[r]ecords of any court of this state.” Section 452(d) permits the trial court to “take judicial notice of the existence of judicial opinions and court documents, along With the truth o...

Excerpt: ...adium. (Ibid.) On or about November 26, 2017, Martinez was assigned to the kitchen to wash dishes and prepare food. (FAC, ¶ 9.) Around 1:00 p.m., Martinez was preparing food in the “North Trophy” kitchen when, without her consent, an individual grabbed and squeezed her right breast from behind. (Ibid.) She quickly turned around and saw an adult male running away towards food racks located on the opposite side of the kitchen. (Ibid.) The adul...

Excerpt: ...und C. Factual This case arises out of Defendants' repeated defiance of public health orders issued by the County to control the spread of Covid‐19. The Covid‐19 pandemic began in California in March of 2020. (FAC, ¶ 21.) Prior to the development of the Covid‐19 vaccines, the best way to protect the public was to undertake health‐risk mitigation measures to prevent transmission and infection, such as face coverings, maintaining sufficien...

Excerpt: ...Plaintiff was working at the AC2 when he slipped and fell, resulting in severe injuries. D. Procedural Based on the foregoing, Plaintiff initiated the instant action with the filing of the (form) Complaint on February 20, 2020, asserting claims for: (1) general negligence; and (2) premises liability. On May 5, 2021, Defendant filed the instant motion for summary judgment. Plaintiff opposes the motion. V. Defendant's Motion for Summary Judgment A....

Excerpt: ...� contractual causes of action. Iron seeks attorney's fees incurred both under the contract and in defense of the non‐contractual causes of action. Slater denies that Iron was the prevailing party or that Iron is entitled to recover fees. Alternatively, Slater contends that the fees requested are unreasonable. DISCUSSION A. Legal Standard CCP § 1032 provides that except as otherwise expressly provided by a statute, the prevailing party in an a...

Excerpt: ... until 2017. (Ibid.) In May 2017, David Carpenter (“Carpenter”), as an officer of Numeric, called LinkedIn to explore the possibility of placing marketing content on their website and purchasing some of their other services. (SACC, ¶ 14.) On June 17, 2017, Sean O'Kane (“O'Kane”), Enterprise Relationship Manager of LinkedIn, and a person authorized to make statements on behalf of LinkedIn, conducted a telephone meeting with himself, Carpe...

Excerpt: ...met their burden of proof for obtaining relief. The Court previously denied Defendants' request that this matter be heard on an ex parte basis. Finding no immediate danger or irreparable harm, the Court denied ex parte relief. Defendants refiled their application as a noticed motion. The Court finds no fault with Defendant in that regard. The Court therefore will consider whether Defendants meet their burden of proof. DISCUSSION A. Legal Standard...