Excerpt: ...mmons on the grounds that this Court lacks personal jurisdiction over it. Plaintiffs oppose. This matter came for hearing on June 26, 2019, and the motion hearing was continued to July 22, 2019, to allow time for discovery into jurisdictional issues. As permitted under the order continuing this hearing, Plaintiff offers a supplemental brief and supplemental evidence. Cummins offers a supplemental reply brief. For the reasons discussed below, the ...

Excerpt: ...ony issued Kruck a commercial general liability insurance policy. The policy contained a Contractors Coverage Limitations and Audit endorsement. That endorsement expanded the policy's exclusion for bodily injuries to employees to also exclude "'bodily injury' to: (1) an 'employee' or 'temporary worker' of any insured arising directly or indirectly our of: (a) employment by any insured; or (b) performing duties related to the conduct of any insure...

Excerpt: ...on the grounds that the allegations of conspiracy tying Kobler to these causes of action are deficient and unspecific. For the reasons stated below, the motion is GRANTED as to the First, Third, and Sixth causes of action (for quiet title) and otherwise DENIED. MEET-AND-CONFER REQUIREMENT Under Code of Civil Procedure ("CCP") section 439(a), a party moving for judgment on the pleadings is required to meet and confer with his counterparty at least...

Excerpt: ... first action will normally be an ample remedy, and the second is therefore unnecessary and vexatious." (5 Witkin, Cal. Proc. 5th Plead § 1138 (5th ed. 2008).) If the plea is successful, the resulting interlocutory judgment prohibits proceedings in the second action until a final determination of the first. (Id. at § 1149, citing CCP § 597; Lord v. Garland (1946) 27 Cal. 2d 840, 851; Burnand v. Irigoyen (1943) 56 Cal. App. 2d 624, 630; Western...

Excerpt: ...ty is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." The standard of proof on a 36(a) motion is preponderance of the evidence. Fox v. Superior Court, (2018) 21 Cal.App.5th 529, 534. CCP § 36.5 further clarifies that, "an affidavit submitted in support of a motion for preference under subdivision (a) of Section 36 may be signed by the attorney for the party seeking preference based upon informa...

Excerpt: ...isrepresentation, fraud by nondisclosure, vicarious liability based on respondeat superior, premise owner/contractor liability, and loss of consortium. Defendant is named only under the first through fourth and the seventh causes of action. The Complaint also demands "exemplary or punitive damages according to proof." (Compl. at 27:15.) UNDISPUTED MOTIONS Defendant's Motion is GRANTED as to Plaintiffs' Third Cause of Action for Negligent Misrepre...

Excerpt: ...lity, negligent misrepresentation, fraud by nondisclosure, vicarious liability based on respondeat superior, premise owner/contractor liability, and loss of consortium. Defendant is named under all causes of action. The Complaint also demands "exemplary or punitive damages according to proof." (Compl. at 27:15.) UNDISPUTED MOTIONS Defendant's Motion is GRANTED as to Plaintiffs' Third Cause of Action for Negligent Misrepresentation and Fourth Caus...

Excerpt: ...) and 1985.6(f), Plaintiff was required to serve the motion 5 days prior to the date of production. However, this obligation is not jurisdictional and the court finds that Plaintiff objected to the production by way of the letter sent on May 22, 2019, objecting to the subpoenas and attempting to meet and confer, which was five day prior to the production deadline, which was set in error on Memorial Day, May 27, 2019. (Declaration of Eric G. Young...

Excerpt: ...g must quote in full the portions sought to be stricken except where the motion is to strike an entire paragraph, cause of action, count, or defense." Here Defendants notice requests that the court strike "all references to emotional distress damages, and the preference to prevailing party attorney's fees incurred in the present action." (Defendant's Notice of Motion and Motion to Strike Plaintiff's First Amended Complaint at Page 1:24-26.) PLEAS...

Excerpt: ...Complaint and application papers on Anthony Durulle (or Durelle) Waters and on the Director of the Department of Motor Vehicles ("DMV"). It does not appear that Plaintiff has done so. Plaintiff Sheila Gandy ("Plaintiff") shall appear and explain what efforts she intends to take in this regard. As discussed in that order, this action was initiated by a complaint or petition on May 30, 2019, alleging that Plaintiff's nephew Anthony Durulle (or Dure...

Excerpt: ...n support of the Cross-Defendants' Reply. The Court acknowledges the procedural objections raised by plaintiff Ronald Eichman ("Plaintiff"), but the Court is also reluctant to further delay reaching the merits, unless there is a truly colorable dispute over the existence of an agreement to arbitrate. In other words, the Court needs to know what dispute, if any, might be raised in the form of supplemental briefing or in an opposition to a renewed ...

Excerpt: ...f the complaint, i.e., whether it states facts sufficient 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 de...

Excerpt: ...sider Plaintiff's untimely opposition filed on June 24, 2019, which were due on June 19, 2019. Plaintiff states that due to medical issues she was unable to file a timely opposition. Nevertheless, Essex was able to substantively respond to Plaintiff's arguments in reply, so the Court shall consider both parties' papers. This action arises from a flooding incident in a unit occupied by Plaintiff Maureen McFadden ("Plaintiff") at the Essex House Co...

Excerpt: ...and reviewed. On its own motion, the Court takes judicial notice of its previous orders granting in part the Motions for Attorney's Fees filed by Knight Law Group in Caron v. FCA US LLC, et al. (Case No. RG15758298) and Barredo v. FCA US LLC, et al. (Case No. RG15784069). The determinations regarding Plaintiff's counsel's reasonable hourly rates made in those cases will be applied to Plaintiff's Motion for Attorney's Fees in this case. The Court ...

Excerpt: ...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. Kirwan (1985) 39 Cal.3d 311, 318.) The court ma...

Excerpt: ...� 335.1, which requires a cause of action for "injury to ... an individual caused by the wrongful act or neglect of another" to be brought within two years. Plaintiff alleges the accident and injuries occurred on August 12, 2016. (SAC, Attachment 15, ¶ 1.) Plaintiff did not file the initial complaint in this action until October 17, 2018. Thus, absent "equitable tolling" or another basis to toll the statute of limitations, the cause of action wo...

Excerpt: ...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." (Code Civ. Proc. § 1281.2.) An agreement to arbitrate is unenforceable if both the procedural and substa...

Excerpt: ...ember 26, 2018, and amended responses on or about March 27, 2019. The motion seeks further responses to RPDs Nos. 17, 20 and 21 to SRC and to RPDs Nos. 4, 5, 6 and 7 to SBS. As to RPDs Nos. 17, 20 and 21 to SRC, the motion is GRANTED IN PART. These RPDs seek SRC's corporate stock ledgers, financial statements and general ledgers from 2014 to the date of production. The amended responses contain objections on grounds of overbreadth, burden, lack o...

Excerpt: ...9, 2019. Plaintiff states that due to medical issues she was unable to file a timely opposition. Nevertheless, Essex was able to substantively respond to Plaintiff's arguments in reply, so the Court shall consider both parties' papers. This action arises from a flooding incident in a unit occupied by Plaintiff Maureen McFadden ("Plaintiff") at the Essex House Condominiums (the "Property") in Oakland, California in November 2017. Essex seeks an or...

Excerpt: ...lemental Request no later than July 23, 2019. IT IS FURTHER ORDERED THAT Defendant provide all responsive documents to Plaintiffs' Request for Production of Documents, Set 4 and Supplemental Request no later than July 23, 2019. Plaintiffs seek an order compelling Defendant Alameda Unified School District ("Defendant") to further respond with responsive documents and Code-compliant language to certain requests in Plaintiffs' Request for Production...

Excerpt: ...nsidered the moving papers, and allowing opposition and reply papers by June 25, 2019 and June 28, 2019, respectively. After considering the moving, opposition and reply papers filed on that schedule, the court rules as follows. First, the request for an order compelling Defendants Rahi Systems, Inc. ("Rahi") et al. (collectively "Defendants") to produce Mark Cohen for deposition pursuant to the Deposition Subpoena served on May 15, 2019 ("Subpoe...

Excerpt: ...ons in the Small Claims Court and/or submit their dispute to private arbitration." (Notice of Motion, p. 1.) Neither the notice of motion nor the supporting memorandum cites the statutory basis for such request. The request is based on the assertion that Defendant and Plaintiff Barclays Bank Delaware ("Plaintiff") are parties to a "Cardmember Agreement" that mandates that any disputes between the parties must be resolved through private arbitrati...

Excerpt: ...intiff does not dispute defendant's claim that the court action should be stayed pending arbitration. STANDARD OF LAW "On petition of a party to an arbitration agreement alleging the existence of a written agreement 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 contro...

Excerpt: ...erriding interest supports sealing the record; (3) [a] substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) [t]he proposed sealing is narrowly tailored; and (5) [n]o less restrictive means exist to achieve the overriding interest." (Cal. Rules of Court, Rule 2.550(d).) MOTION TO SEAL Records may be sealed when there are sufficient overriding interests to overcome the right of public acces...

Excerpt: ...nt with the 2008 MOU. Specifically, the City asserted that the System was overcompensating retirees by (1) improperly including holiday premium pay in the calculation of retiree benefits, (2) improperly including shift pay differential in the calculation of retiree benefits, and (3) improperly including too many holidays in the calculation of retiree benefits. On 8/29/11, the ROPOA filed a complaint in intervention, asserting that it represented ...