Excerpt: ...e class allegations." Plaintiff served RPD 113 seeking the employee/contractor profile for contractors who worked at the Tesla Factory floor during the relevant time period. Tesla estimate there were at least 3,000 contractors. (White Dec., para 13.) Tesla's records regarding Plaintiff Vaughn include an employee/contractor profile. (PX 18.) The employee/contractor profile contains name, personal email address, job position, photograph, contingent...

Excerpt: ...eys' fees and cost of up to $30,000 (33%), costs of up to $7,000, a service award of $7,000 for the class representative, a net PAGA payment of $3,000, and settlement administration costs of up to $4,000. After these expenses of approximately $51,000, the class would get $39,000. The average payout per class members would be $1,115. The proposed class notice form and procedure are adequate. There were 2 opt outs and no objections, The proposed cl...

Excerpt: ...entitled pursuant to Civil Code section 2924j(b). Under that statute, "[i]n the event there is no dispute as to the priority of the written claims submitted to the trustee, proceeds shall be paid within 30 days after the conclusion of the notice period." (Civ. Code § 2924j(b).) "If the trustee has failed to determine the priority of written claims within 90 days following the 30-day notice period, then within 10 days thereafter the trustee shall...

Excerpt: ...a protective order." (CCP § 2025.420(a).) "The court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense." (CCP § 2025.420(b).) "This protective order may include, but is not limited to, one or more of the following directions: . . . [t]hat the deposition be taken only on certa...

Excerpt: ... is Plaintiff's Second Amended Complaint filed on August 27, 2019. Plaintiff was hired by Simpson Strong-Tie Company as a Fabrication Layout Technician in December 2017. Defendant's headquarters are located at 5956 W. Las Positas Blvd., in Pleasanton. Plaintiff's immediate supervisor was Production Department Supervisor Chris Altomare. Plaintiff's "lead" was Francisco Rendon. According to the parties. Plaintiff had a desk or workstation and a com...

Excerpt: ...ding to the First Amended Complaint, the original developer contracted with Lowney Architects, Inc. to provide the designs for the project. On or about September 24, 2014, the developer entered into a contract with Deacon Corp. to act as the general contractor for the construction of the property. Deacon Corp. then entered into several subcontracts, including a subcontract with High End Development, Inc. to serve as the waterproofing subcontracto...

Excerpt: ... of action under the California Private Attorney General Act ("PAGA") alleging violations of the Labor Code. Defendant demurrers to Plaintiff's complaint on the grounds that there is another action pending, a class action in the Central District of California, United State District Court: Richard Trujillo v. The Chef's Warehouse West Coast, et al. ("Trujillo"). Code of Civ Procedure section 430.10(c), arguing that the claims in Trujillo are the s...

Excerpt: ...nd Cross-Defendant, the Court is not inclined to issue the preliminary injunction at this time because Cross-Complainants have not shown that they need to have the electric gate removed right now. See Korean Philadelphia Presbyterian Church v. California Presbytery (2000) 77 Cal.App.4th 1069, 1084 (plaintiff has the burden of proving that the irreparable harm is imminent). Cross-Complainants will ultimately need to be able to use the driveway so ...

Excerpt: ...er) was pregnant with Camden Gutierrez (Child). On 6/15/19, defendants were negligent in the delivery. Mother suffered a partially ruptured placenta. (1AC 14.) Child suffered brain injuries. (1AC, para 7.) Mother observed both the injury to herself and to Child. (1AC 10, 21, 22.) The complaint alleges (1) Child's claim for medical negligence; (2) Mother's claim for medical negligence; (3) Mother's claim for bystander emotional distress from watch...

Excerpt: ... may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . , or that one o...

Excerpt: ...'s Request for Monetary Sanctions is GRANTED IN PART. IT IS FURTHER ORDERED THAT sanctions in the amount of $1,000.00 is payable by Defendant to Plaintiff no later than thirty (30) days from the date of this Order. MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES Plaintiff brought this action against Defendant asserting claims of breach of contract and other related claims arising from Plaintiff's purchase of a restaurant from Defendant...

Excerpt: ...["the power of a court to stay proceedings ... was inherent at common law and is now vested in the superior courts of this state"].) The relevant criteria for the Court to consider vary with the reason for the stay and the scope of the stay sought. (Investors Equity Life Holding Co. v. Schmidt (2011) 195 Cal.App.4th 1519, 1534 (stay based on forum non conveniens); Morris v. AGFA Corp. (2006) 144 Cal.App.4th 1452, 1463-1468 (stay based on forum no...

Excerpt: ...o Code of Civil Procedure (C.C.P.) section 425.16 involves two steps. In the first step, the defendant has the burden to demonstrate that the challenged claims against defendant arise "from any act of that person in furtherance of the person's right of petition or free speech ... in connection with a public issue." (C.C.P. § 425.16(b)(1).) Such protected acts are further defined in section 425.16(e). "If the defendant makes the required showing,...

Excerpt: ...or Court Case No. RG16841079) (McGuinness, J.). The underlying case apparently involved a dispute arising out of work that Wilt and non-party Daniel Berko performed for Solomon in other litigation. The Cross- Complaint filed by Solomon asserted that Wilt was liable to her because he contributed to her failure to file a certain action prior to the running of the statute of limitations and because he caused another action to be filed in her name wi...

Excerpt: ...ervises various court programs and supervised Marin Advocates for Children. In April 2016, Plaintiff applied for a job as Executive Officer at the Marin Advocates for Children. Plaintiff assets that McQuaid and J Roes disparaged her. Marin Advocates for Children offered the job to Plaintiff and Plaintiff accepted the job. McQuaid and J Roes continued to disparage Plaintiff. In early 2017, J Roes sued Marin Advocates for Children. Marin Advocates ...

Excerpt: ... DENIED. MOTION TO COMPEL PLAINTIFF'S DEPOSITION APPEARANCE "If, after service of a deposition notice, a party to the action . . . without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the de...

Excerpt: ... the controversy exists," except under certain situations outlined by statute. (CCP § 1281.2.) The Court will not order arbitration of the controversy if: (a) the right to compel arbitration has been waived by the petitioner; (b) grounds exist for the revocation of the agreement; (c) a party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or seri...

Excerpt: ...Private Attorneys General Act of 2004 ("PAGA") claim is limited to ABM employees assigned to work at a Flowers facility," the Court finds that the answer is "No." Labor Code § 2699(a), which provides in relevant part that an "aggrieved employee" may bring a civil action "on behalf of himself or herself and other current or former employees," contains no such limitation, and the Court was unable to find any published California authority for the ...

Excerpt: ...at evidence of communications made during the course of the DRA Process is not precluded by § 1119 et seq. A mediation is a process in which a neutral person facilitates communications between disputants to assist them in reaching a mutually acceptable agreement. (See Evidence Code § 1115(a).) A mediation generally takes one of two forms. In a classic mediation, the mediator meets directly with the parties to facilitate negotiation. (See, e.g.,...

Excerpt: ...the decision to grant [a restraining order] rests in the sound discretion of the trial court." (Church of Christ in Hollywood v. Superior Court (2002) 99 Cal. App. 4th 1244, 1251 [internal citations omitted].) "[T]rial courts should evaluate two interrelated factors when deciding whether or not to issue [a restraining order]." (Id.) "The first is the likelihood that the plaintiff will prevail on the merits at trial." (Id.) "The second is the inte...

Excerpt: ...RTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Tuesday, January 12, 2021 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. If a hearing is requested, the Court will advise the parties of the manner in which the hearing will be conducted in advance of the ...

Excerpt: ... Partners, Inc. Although not specifically referenced in the notice of demurrer, Defendant does indicate that the demurrer is directed to the entire First Amended Complaint. 2. Defendant's demurrer to Plaintiffs' Second Cause of Action for Intentional Misrepresentation, pursuant to CCP § 430.10(e), is SUSTAINED WITH LEAVE TO AMEND. The Court begins with the observation that it is required to accept Plaintiffs' factual allegations as true even if ...

Excerpt: ...y 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 may consider all ma...

Excerpt: ...ged many evidentiary facts regarding Defendant Esdec, Inc.'s acquisition of IronRidge, Inc. and its post-acquisition bad faith conduct, he did not allege with specificity facts necessary to support an inference that Defendants did not intend to keep their promises when they were uttered. See CACI No. 1902; Lazar v. Superior Court (1996) 12 Cal.4th 631, 645; and Beckwith v. Dahl (2012) 205 Cal.App.4th 1039, 1059-1060. The fact that Defendants did ...

Excerpt: ...r of July 22, 2020, as modified by its orders of August 18 and 24, 2020, certifying a class for settlement purposes. The Court APPROVES the settlement. The Court has considered (1) the relative strength of the Plaintiffs' case; (2) the high risk, expense, complexity, and likely duration of further litigation of this dispute; (3) the high risk of maintaining class status through trial; (4) the amount offered in settlement; (5) the extent of discov...

Excerpt: ...tentative is uncontested. STANDARD OF LAW A court may only award attorney's fees where authorized by contract, statute or law. (CCP § 1033.5(10).) "If the buyer prevails in an action under [the Song-Beverly Consumer Warranty Act], the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to ...

Excerpt: ...ession, custody or control within twenty-one (21) days from the date of this Order. Defendant's Request for Sanctions is DENIED. MOTION TO COMPEL PRODUCTION OF DOCUMENTS "If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it . . . [the party] waives any objection to the demand, including one based on privilege or on the protection for work product[.]" (CCP § 2031.300 (a).) "T...

Excerpt: ...ay be appealed via writ and in this case the writ was summarily denied. However, regardless of the denial of the writ, the court does not view its order as a final judgment that it is able to enforced against Cross-Defendant Ply-Gem at this time. First, the authority relied upon primarily by Cross-Complainant, Montrose Chemical Corp. of California v. American Motorists Ins. Co. (Cal. Ct. App. 1993) 16 Cal.Rptr.2d 516 (review granted and opinion s...

Excerpt: ...mbers; 2. inform the court of the number of potential class members who received the Notice; 3. State the amount of the individual settlement; 4. estimate the cost of advising all potential class members that the case is being dismissed; 5. suggest potentially less expensive means of advising potential class members the case is being dismissed; and 6. offer argument or any factual material as to whether any notice is necessary. Plaintiff filed a ...

Excerpt: ...Private Attorneys General Act of 2004 ("PAGA") claim is limited to ABM employees assigned to work at a Flowers facility," the Court finds that the answer is "No." Labor Code § 2699(a), which provides in relevant part that an "aggrieved employee" may bring a civil action "on behalf of himself or herself and other current or former employees," contains no such limitation, and the Court was unable to find any published California authority for the ...

Excerpt: ...5,000 for the class representative, a net PAGA payment of $7,500, and settlement administration costs of up to $5,800. After these expenses of approximately $180,500, the class would get $260,000. The average payout per class members would be $861. The proposed class notice form and procedure are adequate. The proposed class is appropriate for class certification. The motion makes an adequate analysis as required by Kullar v. Foot Locker Retail, ...

Excerpt: ...party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order." (CCP § 1008(a).) "The party making the application shall state by affidavit what application was made before, when and to what judge,...

Excerpt: ....m. in Dept. 18 subject to the additional Orders of Court set forth below. STANDARD OF LAW "A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) [t]he party has a substantial interest in the action as a whole[;] [and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudicing the party's int...

Excerpt: ...20 The Order of 10/6/20 denied terminating sanctions, ordered an evidence sanction against the Midland Defendants, and ordered a monetary sanction against both the Midland Defendants and BLG. Regarding the monetary sanction, the order invited reconsideration, stating: "The court sets the sanction at $30,000 in part to avoid a second motion on the amount of fees. ... That said, the court expressly permits either party to file a motion for reconsid...

Excerpt: ..., Plaintiff visited the gym as a guest, used the Ab Coaster, a weight came off the Ab Coaster, and the weight fell on plaintiff's foot. (SSUF 31-39.) First Amended Complaint filed 1/23/19, asserts claims for product liability and premises liability. EXPRESS ASSUMPTION OF THE RISK The Motion of defendant Planet Health Fitness for summary judgment is GRANTED based on express assumption of the risk. "A written release may exculpate a tortfeasor from...

Excerpt: ...alth of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the ...

Excerpt: ...e is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will b...

Excerpt: ...t if the court makes both of the following findings: (1) [t]he party has a substantial interest in the action as a whole[;] [and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) Notably, "[t]he standard under subdivision (a), ..., includes no requirement of a doctor's declaration." (Fox v. Superior Court (2018) 21 Cal. App. 5th 529, 534.) "To the ...

Excerpt: ...dditional Orders of Court set forth below. STANDARD OF LAW "A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) [t]he party has a substantial interest in the action as a whole[;] [and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP �...

Excerpt: ...atewide policy throughout California, knowingly and intentionally failed to provide "all working employees with suitable seats when the nature of the work reasonably permits the use of seats." (First Am. Compl. ¶ 9.) Plaintiff's Special Interrogatories seek information regarding the total number of potentially aggrieved employees in California as well as Citistaff's policies in regards to providing suitable seating to California employees. Plain...

Excerpt: ...o which the documents respond. Shelby's Request for Sanctions Against Plaintiff Lawrence Chaudhary ("Lawrence") and His Counsel in the Amount of $1,110.00 is GRANTED. IT IS FURTHER ORDERED THAT sanctions in the amount of $1,110.00 is payable by Lawrence and his counsel to Shelby no later than thirty (30) days from the date of this Order. MOTION TO COMPEL On July 21, 2020, Shelby served Request for Production on Lawrence, with responses due August...

Excerpt: ... supervised by the national organization. (Para 18.) The individual defendants are members of the Chapter. (Paras 19, 20, 21.) Plaintiff was a pledge at the Chapter. The Fraternity, acting through the Chapter, gave plaintiff a tour of the Chapter residence building, showing plaintiff how to get to the roof and a bench on the roof. The bench was surrounded by cans and bottles, indicating frequent use by members of the Chapter. On 4/17/18, the Chap...

Excerpt: ...cy to Violate and Violation of Business & Professions Code § 17200" is SUSTAINED, WITH LEAVE TO AMEND. First, Plaintiffs must clearly allege facts demonstrating what role EBR al. had in the purported conspiracy. As the Third Cause of Action is currently pled, the only allegedly unlawful actions were committed by Dr. Peter Kiersetead and Dr. Michael Huyhn. (See Second Amended Complaint, paragraphs 52-53 and 56.) Plaintiffs fail to allege how any ...

Excerpt: ... duty of care in his management of their property located at 1870 Tulane Street, in Union City. See Wolf v. Superior Court (2003) 107 Cal.App.4th 25, 29. Plaintiffs owned the property from 1990 until they sold it in January 2020. Defendant allegedly managed the property for Plaintiffs, who reside in Hong Kong, during the period from 1990 until Plaintiff Tracy Shuk-Han Fung assumed the management role in August 2019. The fact that Plaintiffs and D...

Excerpt: ... file a request for dismissal of John Davis no later than January 15, 2021. The demurrer of Defendant Ana Z. Davis (aka Ana Zejack Davis) to the Second Amended Complaint for Conversion, pursuant to CCP § 430.10(e), is OVERRULED. The elements of Plaintiff's Conversion claim are set forth in CACI No. 2100. In order to prevail, Plaintiff must prove by a preponderance of the evidence that: (1) he owns or has the right to possession of the property; ...

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: ... from those expressly pleaded and matters of which judicial notice has been taken." (Redfearn v. Trader Joe's Co. (2018) 20 Cal.App.5th 989, 996.) Amgen sponsored a clinical trial for "Romosozumab" an experimental biologic. Diablo Clinical Research and Mark Christiansen (collectively "Diablo") administered a clinical trial of the drug, including preparing an Informed Consent document. The Informed Consent included, among other things, a list of s...

Excerpt: ...his action after Plaintiff voluntarily dismissed the remaining claims in the First Amended Complaint on October 2, 2020. Although the lease agreement does not include an express attorney's fee provision, Defendants contend that the Court can infer the existence of an agreement in paragraph 8, which is entitled, "Hold Harmless." The provision reads as follows: Tenant shall indemnify and hold Landlord harmless from and against any and all claims ar...

Excerpt: ... of this lawsuit, the City implemented Director of Finance Ruling No. 34, which provided Plaintiff with the relief requested in its complaint. Prior to trial, the parties reached a settlement and filed a Joint Stipulation to Dismiss on April 15, 2020. The Stipulation provided that the Director of Finance Ruling No. 34 rendered this case moot, and Plaintiff would dismiss all causes of action. The Stipulation was silent as to whether Plaintiff inte...

Excerpt: ...rty is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "The standard under subdivision (a), unlike under subdivision (d), which is more specific and more rigorous, includes no requirement of a doctor's declaration." (Fox v. Superior Court (2018) 21 Cal. App. 5th 529, 534.) "An affidavit submitted in support of a motion for preference under subdivision (a) of Section 36 may be sig...

Excerpt: ...further response to his request for production no. 23 is DENIED. Plaintiff's request no. 23 asks Defendant to produce documents describing the company's policies and procedures for recruiting travel nurses from August 26, 2017 to the present. Defendant properly objected to Plaintiff's request no. 23, because the Court put on hold any new discovery until the Court makes its ruling on Defendant's motion for summary judgment filed on December 17, 20...

Excerpt: ...d up the assault, "unless prohibited by another law". Code of Civil Procedure § 340.1(b)(1) became effective January 1, 2020. Plaintiffs' claims accrued in 2013. The Court determines that Plaintiffs' request for treble damages, as against the District, is barred by Government Code § 818, as well as the presumption against retroactive application of new or revised statutes. Government Code § 818 provides that a public entity is not liable for p...

Excerpt: ...ormally is inexcusable in view of the volume of discovery involved. The parties are advised that the moving party must describe the serious efforts to arrive at an informal resolution in its meet-and-confer declaration. See CCP § 2016.040. In this case, counsel for Defendant merely sent a letter to Plaintiff Robertson with a request that Plaintiff indicate whether a telephone conference would be necessary. The parties are advised that a telephon...

Excerpt: ...e court held a hearing, heard from a representative of defendant Fellowship of Humanity and on 12/17/20 entered an order maintaining the temporary restraining order in effect and continuing the hearing till 1/7/21. PROCEDURE Fellowship of Humanity is alleged to be a domestic non-profit organization. (Cpt, para 15.) Fellowship of Humanity is not represented by counsel. Fellowship of Humanity has filed an opposition to the City's motion. A pleading...

Excerpt: ...er of law. (Code Civ. Proc. § 437c, subd. (c).) A defendant moving for summary judgment must show either that one or more elements of plaintiff's cause of action cannot be established or that there is a complete defense to that cause of action. (Code Civ. Proc. § 437c, subd. (p)(2).) Once defendant makes this showing, the burden shifts to plaintiff to show the existence of a triable issue of fact regarding the cause of action or defense. (Id.) ...

Excerpt: ...ithin an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . , or that one or more defendants either owed or did not owe a duty to the plaintiff or...

Excerpt: ...s do not allege that Germon was a patient or hospital employee. Instead, Plaintiffs simply allege on information and belief that Germon had been "in the hospital at some point prior to the attack." Plaintiffs claim that Defendant is liable for their injuries, including their severe emotional distress, because it did not take the measures necessary for the safety of individuals who are required to go to the hospital for medical care or to visit th...

Excerpt: ...based are the six depositions indicated on page 4 of Plaintiff's opening brief, all taken between August 11 and September 22, 2020. Four of those depositions were taken prior to Plaintiff's filing of his motion for leave to amend (on September 16, 2020), and all were completed prior to the hearing of the prior motion on October 8, 2020. Plaintiff fails to provide a satisfactory explanation for why the purported new evidence could not have been pr...

Excerpt: ... purchased a 2013 Kia Optima (hereinafter the "Vehicle"). The Vehicle had a latent engine defect in the GDI engine. Defendant knew that the vehicle had the latent engine defect, and Defendant actively concealed the defect during and after the period of time the Vehicle was under warranty. On 6/2/16, the Wallis class action complaint was filed regarding the alleged latent engine defect in the GDI engine, and on 11/7/16, the Wallis case was dismiss...

Excerpt: ...er, allow a party to amend any pleading[.]" (CCP § 473(a)(1).) "[T]rial courts are to liberally permit such amendments, at any stage of the proceeding[.]" (Hirsa v. Superior Court (1981) 118 Cal. App. 3d 486, 488-89.) A court's discretion is usually exercised liberally to permit amendment of the pleadings, and it is a rare case in which denial of leave to amend can be justified. (See, e.g., Howard v. County of San Diego (2010) 184 Cal.App.4th 14...

Excerpt: ...do not require the winner to have a majority vote and provide for a runoff only in the event of a tie. Defendants present evidence that the practice before the March 2020 election was that ASI required a majority vote in elections. (Carroll Dec. para 7.) (DX B, pages 1, 3, 4) Defendants present evidence that before the March 2020 election the ASI informed plaintiff that the ASI required a majority vote in elections. (Carroll Dec. para 9-11.) (DX ...

Excerpt: ... a threshold matter, Plaintiff's opposition to this Motion was untimely filed on October 30, 2020, when it was required to be filed no later than October 27, 2020. (CCP § 437c(b)(2).) Further, Plaintiff failed to provide a memorandum of points and authorities in support of her opposition. However, as SPI Defendants were able to substantively respond to Plaintiff's opposition, the Court shall consider the evidence presented by Plaintiff. Plaintif...

Excerpt: ... a threshold matter, Plaintiff's opposition to this Motion was untimely filed on October 30, 2020, when it was required to be filed no later than October 27, 2020. (CCP § 437c(b)(2).) Further, Plaintiff failed to provide a memorandum of points and authorities in support of her opposition. However, as SPI Defendants were able to substantively respond to Plaintiff's opposition, the Court shall consider the evidence presented by Plaintiff. Plaintif...

Excerpt: ...)(1).) "A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . ...

Excerpt: ...e written discovery requests. He identifies no objections he wishes to assert or the basis for such objections. Further, the written discovery Responses Plaintiff served on 12/2/2020 contain no objections. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, January 5, 2020, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative orde...

Excerpt: ...m Interrogatories. The Court DENIES the parties' respective requests for monetary sanctions. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Wednesday, January 6, 2021 at 3:00 p.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM on Tuesday, January 5, 2020, the contesting party must email [email protected] and provide notice to all counsel/pa...

Excerpt: ...D IN PART. IT IS FURTHER ORDERED THAT sanctions in the amount of $1,500.00 is payable by Bridger to Plaintiffs no later than thirty (30) days from the date of this Order. Plaintiff served Form Interrogatories (General) upon Bridger on July 27, 2020. Bridger served its responses on August 27, 2020. After this Motion was filed and after filing its opposition, Bridger has since provided a supplemental response to Form Interrogatory No. 17.1. Thus, t...

Excerpt: ...ns. Plaintiff worked for Defendant at its Newark location from September 21, 2018 to July 1, 2019. The Court understands that Defendant served the subpoena in order to obtain documents supporting its claim that it was required to make the payroll deductions described in the Second Cause of Action because Plaintiff was legally obligated to provide health insurance for minor Jacqueline Sanchez. The motion is denied without prejudice because Plainti...

Excerpt: ...ntiff shall produce a copy of the banking documents to Tang Defendants at Plaintiff's expense, or (2) Tang Defendants shall send a copy service to Plaintiff's counsel's office to make copies at Tang Defendants' expense, but Plaintiff shall not charge for Plaintiff's counsel's time to supervise the copy service. Plaintiff's Request for Monetary and Evidentiary Sanctions is DENIED. As a threshold issue, Tang Defendants' opposition brief was untimel...

Excerpt: .... (SSUF 63, 64.) The traffic signal pole is a Type 1B, which is a 4-inch pole that is designed as a breakaway pole. (Schlaefli Dec., para 10.) The traffic pole is consistent with CalTrans standard plans. (SSUF 60; (Schlaefli Dec., para 12.) The traffic signal pole is not separated from the pick-up lane by concrete bollards. The City installed concrete bollards elsewhere that separate the sidewalk from the pick-up lane. On 3/27/18, Plaintiffs were...

Excerpt: ... and SUSTAINED WITH LEAVE TO AMEND as uncertain and for failure to state a cause of action as to defendant TCS. As discussed in the two earlier demurrers to the Complaint and First Amended Complaint, Plaintiff's First Cause of Action for Breach of Contract alleges breach of his written Faculty Appointment Contract, which had a one-year term that expired on May 31, 2019. Employment under the Contract was at will. Language in para. 5 of the Contrac...

Excerpt: ...D IN PART. IT IS FURTHER ORDERED THAT sanctions in the amount of $1,500.00 is payable by Bridger to Plaintiffs no later than thirty (30) days from the date of this Order. Plaintiff served Form Interrogatories (General) upon Bridger on July 27, 2020. Bridger served its responses on August 27, 2020. After this Motion was filed and after filing its opposition, Bridger has since provided a supplemental response to Form Interrogatory No. 17.1. Thus, t...

Excerpt: ...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 which judicial notice has been taken." (Id.) "As a general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true, however improbable...

Excerpt: ...n conformity with the laws of this state, a court rule, or an order of the court." (CCP § 436.) An "irrelevant matter," or "immaterial allegation," means: (1) an allegation that is not essential to the statement of a claim or defense; (2) an allegation that is neither pertinent to nor supported by an otherwise sufficient claim or defense; or (3) a demand for judgment requesting relief not supported by the allegations of the complaint or cross-co...

Excerpt: ... Quinones, to the ground. (Administrative Record Pages ("AR"): 104:25-105:24; 116:8-15, 124, 125, 128, 137, 423, 425-42.) PROCEDURE The Division of Occupational Safety and Health conducted an injury accident investigation and on March 30, 2017 cited Acco Engineered Systems ("Acco") for violations of the occupational health and safety regulations, specifically Title 8 section 3704, which provides that "[a]ll loads shall be secured against dangerou...

Excerpt: ...agreement or Marvin agreement. Mr. Sanders is Plaintiff's father. Defendant advises the Court that he has not served any deposition subpoenas in this case before the one before the Court. Defendant advises the Court that Plaintiff has aggressively pursued discovery in different jurisdictions and in different forms since this case was filed on October 15, 2019. Plaintiff moves to quash the subpoena because she claims that her father lacks knowledg...

Excerpt: ...ot affected by the judgment or order."(C.C.P. § 916, subd. (a).) "In determining whether a proceeding is embraced in or affected by the appeal, we must consider the appeal and its possible outcomes in relation to the proceeding and its possible results. '[W]hether a matter is 'embraced' in or 'affected' by a judgment [or order] within the meaning of [section 916] depends on whether postjudgment [or postorder] proceedings on the matter would have...

Excerpt: ...diate supervisor was Production Department Supervisor Chris Altomare. Plaintiff's "lead" was Francisco Rendon. According to the parties. Plaintiff had a desk or workstation and a computer in a large office space where other production team employees also had their desks and computers. Simpson Strong-Tie Company employee Armando Santiago is Plaintiff's friend. Mr. Santiago apparently still works for Defendant. Mr. Santiago, who shared Plaintiff's ...

Excerpt: ... v. Raytheon Co., Inc. (2019) 33 Cal.App.5th 617, 636 (plaintiff's claims and allegations limit the scope of issues relevant to motion); and Hutton v. Fidelity Nat'l Tile Co. (2013) 213 Cal.App.4th 486, 493 (same). Plaintiff Le was employee of the UC Berkeley Center for Latino Policy Research from 2013 until June 30, 2014, also earned her Ph.D. in Political Science at UC Berkeley in 2010. Dr. Le is currently the CEO and President of the Institute...

Excerpt: ...ld on the first day of trial. STANDARD OF LAW "A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) [t]he party has a substantial interest in the action as a whole[, and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "In i...

Excerpt: ...he "multiple tenants" who allegedly vacated the premises in response to threats and intimidation by MBB's "son". (See , e.g., Lewis Jorge Construction Management Inc. v. Pomona Unified School Dist. (2004) 34 Cal.4th 960, 975.) The demurrer to the Second Cause of Action for "Violation of Statutory Duty Under Civil Code section 1941.2" is SUSTAINED, WITHOUT LEAVE TO AMEND. Civil Code section 1941.2 provides that if a tenant fails to keep her leased...

Excerpt: ... leave to amend . On 11/4/16, defendants filed the Second Amended Cross-Complaint. On 11/28/16, plaintiff Gonzalez Ek filed the second anti-SLAPP motion to strike. On 2/10/17 the Court granted the second anti-SLAPP motion. The case went to trial. On 5/1/19, the court issued a statement of decision on Phase One, finding for defendants in some, but not all causes of action. On 3/9/20, plaintiffs filed the for attorneys' fees under the anti-SLAPP st...

Excerpt: ...test 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 in which the hearing will be conducted in advance of the hearing. If not timely contested, and the tentative ruling will become the final order of the Court. LEGAL STANDARDS The complaint must include a statement of the facts constituting the c...

Excerpt: ...tions 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 which judicial notice has been taken." (Id.) "As a general rule in...

Excerpt: ...t school district. Saavedra allegedly told Ostash that Plaintiff was put on administrative leave pending a District investigation that Plaintiff (1) failed to report a sexual assault, (2) created an unsafe environment for students, and (3) lied to a student. As a result, Ostash rescinded a job offer to Plaintiff. The District argues that Saavedra's alleged statement was true, because Plaintiff was put on leave pending a District investigation. Ho...

Excerpt: ... 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 which judicial notice has been taken." (Id.) "As a general rule in testing a...

Excerpt: ...mber 11, 2020, 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 on a subsequent date, probably December 16, 2020 at 3 p.m. using the Blue Jeans Network, password # 5102676935. If a hearing is requested, the Court will advise the parties of the date, time and manner in which the hearing will be conducted ...

Excerpt: ...ay also address any other issues raised by this order. Plaintiffs and defendants must file any supplemental papers ten court days before the continued hearing date. The court's PRE-TENTATIVE order is as follows: The Motion of Plaintiff for approval of PAGA settlement under Labor Code 2699(l)(2) is UNDECIDED. LAW ON PAGA SETTLEMENTS Plaintiff asserts the PAGA claim on behalf of the State of California's Labor Workforce Development Agency. "An empl...

Excerpt: ... right (north) on Shattuck Avenue. (Id.) Plaintiff was alongside a car driven by Defendant Eduardo Bolivar, which was stopped at a red light. (See AF No. 31 and the evidence in support.) Plaintiff's bicycle was located a few feet to the right of Bolivar's car, closer to the back of his car than the front. (See AF No. 35 and the evidence in support.) When the light turned green, Bolivar began a right turn onto Shattuck, directly into the path of P...

Excerpt: ...briefs shall be filed and served no later than March 10, 2021. STANDARD OF LAW "Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff . . . and one or more alleged tortfeasors or co-obligors, upon giving notice[.]" (CCP § 877.6(a).) "A determination by the court that ...

Excerpt: ... defendants' agreement to either (1) reinstate LTE Band 12 coverage on each cell phone or (2) provide a comparable replacement. The settlement agreement states there will be attorneys' fees of up to $72,500 and a service award of $2,500 for the class representative. Defendant is to pay the costs of claims administration. The proposed class notice was adequate. It was primarily by publication, which is appropriate for consumer products. It was by ...

Excerpt: ...f Trust when it recorded the at-issue Full Reconveyance on 4/30/2015. If Nationstar was not actually the Trustee under the relevant Deed of Trust at the time the Full Reconveyance was recorded, then the Full Reconveyance was void as a matter of law, and the four-year statute of limitations under CCP § 343 applies, rather than the three year statute of limitations under CCP § 338(d) for an action for relief on the grounds of fraud or mistake. (Z...

Excerpt: ... the plaintiff has established that there is a probability that the plaintiff will prevail on the claim." (CCP § 425.16(b)(1).) An "act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue" includes: (1) any written or oral statement or writing made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by l...

Excerpt: ...69, 774.) Tinsley alleges he owns the subject property and Glaude occupies it without any right to do so. (See Second Amended Complaint, paragraphs 6, 10-13, and 21.) In addition, these causes of action are not timebarred by any statute of limitations, because Tinsley has alleged a continuing trespass by Glaude that persists to this day. (See Starrh & Starrh Cotton Growers v. Aera Energy LLC (2007) 153 Cal.App.4th 583, 592-593.) Tinsley's Third C...

Excerpt: ...es, or is doing business, or is situated." Code of Civil Procedure § 394 applies equally to cross-complaints by a city. (See Metropolitan Transit System v. Superior Court (2007) 153 Cal.App.4th 293.) Here, it is undisputed that Flatiron is not a resident and is not "situated" in Alameda County. Flatiron is therefore entitled to transfer venue unless it is "doing business" in Alameda County, as that term is interpreted in the case law addressing ...

Excerpt: ...44, 352.) In ruling on a Special Motion to Strike, the Court engages in a two-step process. (See Equilon Enterprises v. Consumer Cause Inc. (2002) 29 Cal.4th 53, 67.) First, the Court decides whether Defendant has made a threshold showing that the challenged cause of action is one arising from a protected activity, i.e., an act in furtherance of a person's right of free speech in connection with a public issue. (See Code of Civil Procedure § 425...

Excerpt: ...ment was unsuccessful. In June 2019, plaintiff reported the bed bugs to Defendants. On June 5, 2019, the City of Berkeley Inspected the unit, and Defendants excluded Plaintiffs. On 6/13/19, plaintiff's private mold contractor inspected the unit. On July 8, 2029, the City issued a notice of violation for mold. On an undisclosed date, Plaintiff vacated the unit. On August 18, 2019, plaintiff was admitted to the ER for insect bites. While Plaintiff ...

Excerpt: ... of consortium claim. After trial, both Plaintiffs and Defendant filed and served memoranda of costs claiming to be the prevailing parties. For the following reasons, the Court holds that Defendant Ramirez is the prevailing party as to the claims of Plaintiff Younes because Younes did not obtain a result more favorable than his CCP § 998 offer of $60,000 to Defendant or Defendant's CCP § 998 offer of $20,000 to him. See Stallman v. Bell (1991) ...

Excerpt: ...uest for Monetary Sanctions is GRANTED. IT IS FURTHER ORDERED that sanctions in the amount of $1,170.00 is payable by Plaintiff to Safe Auto no later than thirty (30) days from the date of this Order. MOTION TO COMPEL Plaintiff filed this action on March 24, 2017, arising from a vehicle accident that took place on March 30, 2017. Plaintiff began proceeding in pro per on April 16, 2019, and Plaintiff served Defendants with the Complaint on Novembe...

Excerpt: ... to Deposition Questions is continued to September 10, 2020 at 2pm in Dept. 520. The parties shall provide the court with a written progress report regarding their discussions and any possible stipulation not less than 7 days prior to the continued hearing date. If the parties reach an agreement, the hearing will be dropped. If not, the hearing will proceed on the pleadings already submitted. The court recognizes that plaintiff Ulloa contends he ...