Excerpt: ...ar for the petition by Uber to compel arbitration pursuant to Cal. Code Civ. Proc. (“CCP”) § 1281.2. Uber's petition to compel arbitration and stay proceedings is GRAN TED . I. Fact s and Proce dure Plaintiff allegedly was injured through the negligence of Individual Defendant, and that he was acting as the agent of Uber, on October 25, 2021. On December 16, 2021, Uber updated its terms of service. See Declaration of Chenshan Yu in Support, ...

Excerpt: ...intervention (the “M o t io n ”). Th e M o t io n is GRAN TED . I. Governing Law Labor Code Division 4, governing “Workers' Compensation and Insurance,” Part 1, Chapter 5, “Subrogation of Employer,” governs the subrogation and intervention rights of employees, employers, and employers' insured on claims involving payment of workers' co mpensation or other similar benefits. Lab. Code section 3 8 5 2 g ive s e m p lo ye e s a n d e m p ...

Excerpt: ...ndar for Plaintiff's Order to Show Cause re: Preliminary Injunction arising out of a Temporary Restraining Order request filed on April 8, 2024. The motion is continued to May 15, 2024. I. Underlying facts Plaintiff filed the application for Temporary Restraining Order and request to set the Order to Show Cause re: Preliminary Injunction on April 8, 2024. The Court's orde r grant ing t he Te mporary Re straining Orde r and se tt ing of t he Pre l...

Excerpt: ...nts under Code of Civil Procedure (“CCP”) §§ 708.020 & 2030.290, and to compel production of documents (“RPODs”) from Defendants under CCP §§ 708 .030 & 2031.300. The unopposed Motion is GRAN TED . Defendants shall serve verified code- compliant responses free of objections within thirty (30) days of notice of entry of the order on this Motion. Defendants shall pay $60 in sanctions to Plaintiff within thirty (30) days of notice of ent...

Excerpt: ... t e r r o g a t o r ie s (“SIs ”) a g a in s t Defendants under Code of Civil Procedure (“CCP”) §§ 708.020 & 2030.290, and to compel production of documents (“RPODs”) from Defendants under CCP §§ 708.030 & 2031.300. The unopposed Motion is GRAN TED . D e f e n d a n t s s h a ll serve verified code-compliant responses free of objections within thirty (30) days of notice of entry of the order on this Motion. Defendants shall pay $...

Excerpt: ...necessary precautions to prevent her from falling, as a result of which she fell and suffered injuries. Plaintiff's complaint, filed on November 29, 2023, alleges causes of action for (1) negligence and (2) violations of the Elder and Dependent Adult Civil Protection Act (Welf & Instit. Code §15600 et. seq.) Plaintiff, a 93-year elder who was a resident at Defendants' Muirwoods Memory Care assisted -living facility in Santa Rosa, California (the...

Excerpt: .... (“CCP”) § 473 for leave to amend the FAC. The motion is DENIED. I. Legal Standards The California Code of Civil Procedure provides that a court “may in the furtherance of justice, and on any terms as may be proper” allow a party to amend any pleading to correct a mistake. CCP § 473(a)(1). Likewise, the court may “in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading ...

Excerpt: ...nting judgment on the pleadings on the ground that the Complaint fails to state sufficient facts to constitute causes of action in this matter. The motion is DENIED. I. Governing Law A. Judgment on the Pleadings A motion for judgment on the pleadings may only be made on the grounds specified in the statute. CCP section 438(c)(1). If the moving party is a defendant, the motion may be made on the grounds that the complaint does not state facts suff...

Excerpt: ...ll as the motion for attorney's fees and class representative enhancements. The Court issued a tentative ruling on the motion on April 4, 2024, and ordered the parties to appear for oral argument the next day. At the hearing, the Court allowed arguments by Plaintiff's counsel which focused on the Court's modification to the attorn ey's fees allocation in the settlement. Plaintiff argued the original attorney's fee request was justified but re...

Excerpt: ...� 4 1 8 .1 0 (a)(1 ) o n t he gro und s t hat t he Co urt lacked personal jurisdiction over Defendant because the summons and complaint we re ne ve r prope rly se rve d . I . Governing La w The Co de o f Civil Pro ce d ure st at e s t hat “[a] de fe ndant , o n o r b e fo re t he last day o f his o r he r t ime t o p le ad o r wit hin any furt he r t ime t hat t he co urt may fo r go o d cause allo w , may se rve and file a no t ice o f mo t io...

Excerpt: ...��), special interrogatories (“SIs”), and requests for produc tion of documents (“RPODs”), and for monetary sanctions. Th e M o t io n is GRAN TED . I. Relevant Law A. Motions to Compel Responses Regarding the FIs, a party responding to an interrogatory must provide a response that is “as complete and straightforward as the information reasonably available to the responding party permits” and “[i]f an interrogatory cannot be answere...

Excerpt: ....50(c) provides: “The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to amend the pleading, or t o file the cross -complaint, to assert such cause if the party who failed to plead the caus e acted in good faith. This subdivision shall be liberally construed to avoid forfe it ure of cause s of act ion.” If t he propose d cross -c o m p la in t is p e r m is s iv e , leave of court ma...

Excerpt: ...s sufficient to constitute a cause of action. The Demurrer is SUSTAIN ED w it h leave to amend. I. Legal Standards A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. CCP § 430.30(a). In the event a demurrer is sustained, leave to amend should be granted where the complaint's defect can be cured by amendment. Th e Swahn Group, I...

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