Excerpt: ... and production of documents requested in the Notice of Deposition, the Court ORDERS THE PARTIES TO APPEAR at the hearing set for Wednesday, August 4, 2021 at 1:30 p.m. in Dept. 514. MOTION TO COMPEL STATEMENT OF DAMAGES AND RFA RESPONSES, ETC. County submits evidence that it duly served plaintiff Yolanda Harris ("Plaintiff") with the RFAs and the Form Rogs on 4/30/2021 by regular mail. (Moving Pardo Dec. ¶ 3 and Exhs. B and C.) Therefore, Plain...

Excerpt: ...ial date in this action. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, August 3, 2021, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any requested hearing will most likely be conducted using the Blue Jeans Network, password # 5102676935. If a hearing is requested, the Court will advise the parties of the manner...

Excerpt: ...v. American National Fire Ins. Co. (2010) 187 Cal.App.4th 498, 537, cited by Plaintiff, the plaintiff's insurance policy had a specific provision requiring payment of interest on the amount due. Plaintiff has identified no similar provision in his insurance policy with Defendant. Plaintiff's allegation that the California Fair Claim Practices Act purportedly required that payment be made to him within the time limit set forth in his demands, and ...

Excerpt: ...to constitute a cause of action upon which relief may be based. (Code Civ. Proc., § 430.10, subd. (e); Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (...

Excerpt: ...iewed the substance of the First Amended Complaint attached to the Declaration of Defendant's attorney, Ryan M. Duffy, the Court finds that there are significant deficiencies that must be addressed before the demurrer can be heard. First, the First Amended Complaint, which is erroneously captioned as the "Complaint," is deficient on its face. Plaintiff's First Cause of Action, which is one of the claims subject to the demurrer, is not properly ca...

Excerpt: ... approached Plaintiff from behind, placed his hand on hers and firmly pressed his groin into her buttocks such that she could feel his penis. Plaintiff alleges that Tesla knew of the Team Leader's propensity for sexual harassment of young female employees but Tesla nevertheless assigned plaintiff to work with thisTeam Leader. Plaintiff alleges that Tesla threatened that if closed circuit footage did not support her claims against the Team leader ...

Excerpt: ...t (1998) 67 Cal.App.4th 1253, 1255.) In order to state a prima facie claim for punitive damages, a complaint must set forth the elements as stated in the general punitive damages statute, Civil Code section 3294. (College Hospital, Inc. v. Superior Court (1994) 8 Cal.4th 704, 721.) These statutory elements include allegations that the defendant has been guilty of oppression, fraud or malice. (Civ.Code, § 3294, subd. (a).) "Malice" is defined as ...

Excerpt: ...("SAC") alleges wage and hour violations on behalf of herself and a parent class of "all individuals who are or were employed by Defendant as non-exempt employees in California during the Class Period" of February 5, 2017, to present, as well as a subclass of all non-exempt employees who were not subject to a collective bargaining agreement ("CBA") with Defendant during the Class Period ("Non-Union Subclass"). (SAC, ¶ 2-3.) The class action clai...

Excerpt: ...fs also attached two-hundred-and-ninety-five (295) pages of exhibits, including the lease agreements, to the Complaint. On April 23, 2021, Defendants filed their Verified Answer to the Verified Complaint and the subject Cross- Complaint for Fraud and Breach of the Implied Covenant of Good Faith and Fair Dealing. The claims in the Cross-Complaint are based on the statements made by Cross-Defendants' representatives Rich Robbins and Chris Barlow du...

Excerpt: ...) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The court may consider all material facts pleaded in the...

Excerpt: ...ars the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law." (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850.) "That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon." (Id.) Further, "the party moving for summary judgment bears an initial burden of production to make a prima facie showi...

Excerpt: ...Civ. Proc., § 430.10, subd. (e); Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kir...

Excerpt: ...th EBMUD. (See First Amended Complaint, paragraph 62.) The alleged actions by EBMUD that give rise to the Second Cause of Action for Breach of the Implied Covenant of Good Faith and Fair Dealing are not the same actions that give rise to the First Cause of Action for Breach of Contract. (Compare First Amended Complaint paragraphs 57 and 62.) In addition, a claim for breach of the implied covenant of good faith and fair dealing need not be based o...

Excerpt: ...nt must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The court may consider all material facts pleaded in the complaint and those arising by reasonab...

Excerpt: ...Complaint when the case was still pending in the Tuolumne County Superior Court because Plaintiff states in the first paragraph that counsel for Dr. Gwalani and Dr. Abeles gave her some guidance about the appropriate manner of pleading causes of action. Based on its review of the First Amended Complaint and Defendant's memorandum of points and authorities, the Court agrees with Defendant's assertion that Plaintiff has not alleged sufficient facts...

Excerpt: ... 29 Cal.4th 262, 273.) Therefore, the ruling on this motion depends entirely on Plaintiff's showing that one or more of the Defendants is subject to jurisdiction in California. Jurisdiction may be either general, or specific and limited. (See, e.g. Vons Companies Inc. v. Seabest Foods Inc. (1996) 14 Cal.4th 434, 445.) A nonresident defendant is subject to general jurisdiction if its contacts with the forum state are "substantial . . . continuous ...

Excerpt: ...rated his vehicle, causing it to collide with Plaintiff near the intersection of Industrial Parkway SW and Addison Way, at approximately 8:15 a.m., on September 13, 2019. Plaintiff alleges that he was riding his 2002 Suzuki motorcycle when the accident occurred. Plaintiff alleges that he sustained serious bodily injuries and sustained financial loss as a result of the accident. The allegations and claims in the Complaint determine the scope of re...

Excerpt: ...ther, despite their allegations, trial is in fact necessary to resolve their dispute." (Miller v. Fortune Commercial Corporation (2017) 15 Cal.App.5th 214, 220, citing Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843.) Summary judgment is proper only when "there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." (Code of Civil Procedure ["CCP"] § 437c(c).) When a defe...

Excerpt: ... approached Plaintiff from behind, placed his hand on hers and firmly pressed his groin into her buttocks such that she could feel his penis. Plaintiff alleges that Tesla knew of the Team Leader's propensity for sexual harassment of young female employees but Tesla nevertheless assigned plaintiff to work with thisTeam Leader. Plaintiff alleges that Tesla threatened that if closed circuit footage did not support her claims against the Team leader ...

Excerpt: ... to determine whether Lambert was a managing agent of Defendant during COVID, that is also irrelevant to Plaintiff's claims because she was fired eight months prior to the spread of COVID in the U.S. As to Question No. 2, the motion is GRANTED. Lambert is the Service Line Leader of the Emergency Room at Kaiser Antioch. The size and dollar amount of the emergency department's annual budget is relevant to whether Lambert can be considered a managin...

Excerpt: ...ndant's motion to July 30, 2021 to give defense counsel time to seek relief from Judge Davila in the Northern District of California for plaintiff's apparent violation of his orders in the Brown and Waters cases by prosecuting this action. The court anticipated that counsel (both plaintiffs' and defendant's) would provide this court with updates on their efforts to seek relief from Judge Davila; but none have been presented. The Court has reviewe...

Excerpt: ... both in the products liability cause of action and in the claim for exemplary damages, referring to the Doe defendants generally as Defendants along with the other named defendants. In order to state a prima facie claim for punitive damages, a complaint must set forth the elements as stated in the general punitive damages statute, Civil Code section 3294. (College Hospital, Inc. v. Superior Court (1994) 8 Cal.4th 704, 721.) These statutory eleme...

Excerpt: ...September 25, 2019. See Labor Code § 2699. Plaintiff alleges in the Complaint that Defendant engages in the following practices that violate the Labor Code: (1) Defendant fails to authorize and permit its non-exempt security officers to take meal and rest breaks; (2) Defendant fails to pay its non-exempt security officers at a premium rate for working through their meal and rest breaks; (3) Defendant fails to provide its non-exempt security offi...

Excerpt: ...of the arbitration provision, they have submitted no evidence supporting those assertions. Statements in an opposition brief unsupported by any evidence are not a valid basis for denying a motion. Based on the evidence filed in connection with this motion (all of which was submitted by Tesla), the Court determines that Tesla has proved by a preponderance of the evidence the existence of the parties' arbitration agreement. The burden therefore shi...

Excerpt: ...arties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute." (Miller v. Fortune Commercial Corporation (2017) 15 Cal.App.5th 214, 220, citing Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843.) Summary judgment is proper only when "there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." (Code of Civil...