Excerpt: ...ng only objections, to the above-listed RPDs on February 15, 2019. (Hoffman Decl., Exh. B.) The parties met and conferred as to the above items without success. Although UC served amended responses to other RPDs in Set Six on April 29, 2019, they did not include amended responses to the above items. (Eklof Decl., ¶ 2 and Exh. A.) UC agreed to extend the motion to compel deadline to May 7, 2019, making the instant motion timely. (Hoffman Decl., �...

Excerpt: ..., located in the Hayward Hall of Justice. Plaintiffs Michael Saunders and Darlene F. Saunders filed their Limited Jurisdiction Complaint on June 19, 2018. The parties have advised the Court that no depositions of any witnesses have been taken in the thirteen (13) months that this case has been pending. The parties advise the Court that Gerlyn and George Neau noticed the deposition of Plaintiffs in April 2019, but the deposition was canceled witho...

Excerpt: ...tutory requirements. Dr. Friedman submitted a declaration that describes each of the tests that he proposes to administer to Plaintiff. The Court agrees that the tests are standard and will not likely result in undue annoyance, pain or anguish to Plaintiff. If Plaintiff is unable to endure an entire day of testing, her attorney and Defendant's attorney shall meet and confer regarding a schedule that addresses Plaintiff's concerns. For example, Pl...

Excerpt: ...revent a November 28, 2017 sexual assault on Plaintiff at Encinal High School in Alameda. The operative SAC, filed June 28, 2019, alleges four counts against all defendants: failure to maintain safe environment, negligent supervision, intentional infliction of emotional distress, and violation of California Civil Code section 51 et seq. Defendant has pleaded general demurrers to the first, third, and fourth counts. Defendant's Demurrer to the Fir...

Excerpt: ... Amended Complaint, not a First Amended Cross- Complaint. But, since both sides are referring to that pleading as a FACC, the Court will do the same. Cross-Defendants' general demurrers to the First, Second, and Third Causes of Action for failure to state facts sufficient to constitute a cause of action are SUSTAINED WITHOUT LEAVE TO AMEND. (Code Civ. Proc. § 430.10(e).) Cross-Defendants' Request for Judicial Notice is GRANTED. The judicially no...

Excerpt: ...LAW "A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal. App. 5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of w...

Excerpt: ...iel Covarrubias, Jeffrey Ellis, Frankie Flores, Marte Formico, David Gamble, Naji Garabet, Gregory Haupt, David Pinheiro, Kevin Scully, and Lisa Vermette's (collectively, "District Manager Defendants") Demurrer is SUSTAINED WITH LEAVE TO AMEND. IT IS ORDERED THAT Plaintiff shall file an amended complaint no later than August 27, 2019. Defendant Guadalupe Diaz's Request for Joinder in Farmers Defendants' Demurrer is GRANTED. District Manager Defen...

Excerpt: ...t and since ALG has not appeared in the action, the Court is concerned about its authority to compel ALG to comply with the terms of the settlement, as it does not appear to have jurisdiction over ALG. Additionally, although defendant Sylvermax, Inc. has appeared in the action, it has not paid its first appearance fees, which are due when a defendant files its notice of appearance. Defendant Sylvermax, Inc. is ordered to submit its first appearan...

Excerpt: ...rsion before the Court is an Amended Joint Stipulation of Class Action Settlement ("Settlement Agreement"). To protect the interests of absent class members, class action settlements must be reviewed and approved by the Court. (Duran v. Obesity Research Institute, LLC (2016) 1 Cal.App.5th 635, 646 ["The [trial] court has a fiduciary responsibility as guardians of the rights of the absentee class members when deciding whether to approve a settleme...

Excerpt: ...e of the legal effect of pleadings but does not accept the truth of any facts set forth therein). Plaintiff and Defendants Xingbiao Li, Yunlong Li and Shengli Li are the only members of 150 Hegenberger Capital, LLC, a California limited liability company. Plaintiff has a thirty percent (30%) interest in the company. Xingbiao Li also has a thirty percent (30%). Yunlong Li and Shengli Li, the sons of Xingbiao Li, each hold a twenty (20%) interest i...

Excerpt: ...te the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) grounds exist for the revocation of the agreement." (Code Civ. Proc. § 1281.2.) Plaintiff does not dispute that she signed the Tesla offer letter electronically on December 20, 2016. The offer letter included a clause on pages two and three requiring Plaintiff and Defendant Tesla, Inc. to submit any and all disputes...

Excerpt: ...te of the Complaint. MOTION TO COMPEL "[A] propounding party may move for an order compelling a further response [to interrogatories] if the propounding party deems that . . . [a]n answer to a particular interrogatory is evasive or incomplete . . . [and/or] [a]n objection to an interrogatory is without merit or too general." (CCP § 2030.300(a).) Plaintiff asserts that Defendant's response to Special Interrogatories Nos. 1 and 2- which seek the c...

Excerpt: ...n September 12, 2017. Junsay missed his rent payment due June 1, 2018, and made no further payments. The parties dispute when ELBP recovered possession of the Premises. According to Katie McKenna (ELBP's agent and property manager) , ELBP recovered possession in January 2019. According to Junsay, he quit the premises on August 26, 2018, in compliance with a 3-day notice to quit dated August 23, 2018. The 3-day notice listed an amount owed of $7,1...

Excerpt: ...d each time they are repeated, resulting in 147 facts. In the present order, the Court will refer to Defendants' Separate Statement Facts ("SSF") Nos. 1-58, 77, 88, 101, 139, and 147, not the various other renumbering of SSF Nos. 1-58 that appear throughout the Separate Statement. Defendants seek summary judgment or, alternatively, summary adjudication as to four issues. Defendants do not directly correlate these four issues with any of the five ...

Excerpt: ...m Plaintiff's assignors Ferguson Perforating Company ("Ferguson") and PDM Steel Service Centers, Inc. ("PDM"). Primus submits no evidence disputing Plaintiff's evidence that Primus entered contracts with Ferguson and PDM and is in default on those contracts, and indeed Primus admits that it is in default on the PDM contract in the principal amount of $41,043.46. In granting the writ of attachment, the Court accepts Primus' evidence and reduces th...

Excerpt: ...ct.is designed to protect artists seeking professional employment from the abuses of talent agencies. The Act's definition of a talent agency is narrowly focused on efforts to secure professional "employment or engagements" for an "artist or artists." (§ 1700.4, subd. (a).) Thus, it does not cover other services for which artists often contract, such as personal and career management (i.e., advice, direction, coordination, and oversight with res...

Excerpt: ...issued an order sustaining a demurrer to the breach of contract cause of action in the First Amended Complaint ("FAC"), with leave to amend to allege facts sufficient to constitute such a cause of action including "(1) identifying with more specificity the contract between Plaintiff and GEICO; (2) setting forth the contract as an exhibit or alleging the material terms thereof verbatim or according to their legal effect; (3) specifying the terms t...

Excerpt: ... (4/23/19 order, citing Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6-7; Brousseau v. Jarrett (1977) 73 Cal.App.3d 864, 872.)" The order further stated: "As GEICO is a corporate employer, such a request must include allegations to the effect that the alleged 'advance knowledge and conscious disregard, authorization, ratification or act of oppression, fraud, or malice [was] on the part of an officer, director, or managing agent of the corpo...

Excerpt: ... to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) the right to compel arbitration has been waived by the petitioner; or (b) grounds exist for the revocation of the agreement." (CCP sec. 1281.2; cf. 9 USC secs. 1 et. seq....

Excerpt: ...nt showing of the probable validity of Plaintiff's claim to possession of the 2014 Harley Davidson vehicle described therein. Plaintiff has also established that Defendant has no equity in the vehicle, such that no undertaking is required. (See C.C.P. § 512.060(a)(2).) Defendant's undertaking to prevent repossession of the vehicle is set in the amount of $13,225.00 as requested. (See C.C.P. § 515.010(b).) Plaintiff has established that there is...

Excerpt: ...xchange ("CCIE"), Mark Barteld, and Jill Krovitz demur to the second cause of action (intentional infliction of emotional distress). Defendants argue that the FAC fails to allege facts giving rise to a cause of action, and the Barteld and Krovitz ("Adjusters") argue that they are misjoined. For the reasons discussed below, the demurrer is SUSTAINED WITH LEAVE TO AMEND. PROCEDURAL MATTERS The Code of Civil Procedure ("CCP") requires parties to mee...

Excerpt: ...ading. Therefore, the Court deems the City's demurrer as directed to Plaintiff's First Amended Complaint. Plaintiff has adequately pled her First Cause of Action for Dangerous Condition of Public Property pursuant to Government Code section 835 et seq. Specifically, Plaintiff has alleged the dangerous condition that caused her accident (an uplifted sidewalk with a crack in the concrete where it meets the curb, causing a trip and fall hazard); tha...

Excerpt: ...or by the act of the creditor from paying the debt." (Civ. Code § 3287(a).) An amount is "certain" or "capable of being made certain by calculation" only when the defendant actually knows the amount owed or could have accurately computed it based on information reasonably available to it. (Children's Hosp. & Med. Ctr. v. Bonta (2002) 97 Cal.App.4th 740, 774; Howard v. Am. Nat'l Fire Ins. Co. (2010) 187 Cal.App.4th 498, 535; Watson Bowman Acme Co...

Excerpt: ... the instant motion. Defendant also did not pay the monetary sanction in the sum of $900.00 by the May 23, 2019 deadline. The Court hereby awards Plaintiff his reasonably incurred attorney's fees and costs in the sum of $1,200.00. See CCP § 2023.030(a). Plaintiff's request for an award of $2,320.00 is not reasonable in view of the straightforward nature of the motion. Defendant shall pay the additional sanction no later than July 17, 2019. The C...

Excerpt: ...er Olesen by Dr. Strassberg. In addition, Plaintiff shall have the right to make an audio recording of the examination. See CCP § 2032.530(a). The Court declines to dictate the manner of examination by Dr. Fayer. Plaintiff has not shown any compelling reason why the administering of the MMPI test by Dr. Fayer would constitute an infringement of her constitutional or statutory rights. As Defendants note, if Plaintiff does not want to subject hers...