Excerpt: ...easanton. (Cpt 7) Plaintiff sat on a bench and the bench collapsed. (Cpt 8) Plaintiff sustained serious injuries. (Cpt 8) Taylor Boynton was the sales manager for the area where incident occurred. (Cpt 5) Plaintiff alleges causes of action for (1) negligence, (2) premises liability, and (3) products liability. ORDER Negligence. OVERRULED. Plaintiff adequately alleges that Taylor Boynton, as sales manager for the area where incident occurred, had ...

Excerpt: ... which may be judicially noticed. [Citation.] Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation.]" (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) "Liberality in permitting amendment is the rule, if a fair opportunity to correct any defect has not been given." (Angie M. v. Superior Court (1995) 37 Cal.App.4th 1217, 1227.) For the Court to grant leave to amend after sustaining ...

Excerpt: ...claims against Anheuser-Busch and that the claims should be severed for discovery and trial. This motion is a merits motion presented as a procedural motion. The merits issue is whether the claims against Horizon Beverage are distinct from the claims against Anheuser-Busch. If Defendant Horizon Beverage Company asserts that it was not the employer of plaintiff after 11/1/15, then it can file a motion for summary adjudication of the claims against...

Excerpt: ..., Inc. is liable to him for his serious injuries and loss of earnings because Defendant Pulla was within the course and scope of his employment by The Gap, Inc. when the accident occurred. Plaintiff filed his Complaint on May 31, 2019. Attorney Steven J. Brady entered the case when his attorneys filed an Association of Attorney on December 7, 2020. In February 2021, the Court granted the parties' stipulation and continued the March 26, 2021 trial...

Excerpt: ... Interrogatories and for Monetary Sanctions ("MPO Form Rogs"); (3) Defendant's Motion for Protective Order re: Plaintiff's Inspection Demands and for Monetary Sanctions ("MPO RFPDS"); and (4) Defendant's Motion to Compel Further Responses to Requests for Production of Documents Nos. 8, 11, 13, 14, 17, 23, 24, 28, 34 and 36 ("Defendant's MTC"). Ethel Tom in her capacity as a cross-complainant represented by separate legal counsel joins in Defendan...

Excerpt: ...eda County Fair on 6/22/2019 when one of defendants' employees opened a corral gate causing a corral panel to fall on her leg. Special Rogs Nos. 2-4 seek, respectively, all facts, witnesses and documents supporting Plaintiff's contention that Defendant caused or contributed to Plaintiff's injury on 6/22/2019. (See Moving Wong Dec. Exh. A.) As clarified by Defendant's counsel's 2/22/2021 meet and confer letter, Defendant was seeking discovery from...

Excerpt: ...e 11, 2021. Plaintiff shall provide a courtesy copy of any such supplemental declaration to Dept. 514 by email on the date of filing. Plaintiff may file documents under seal; however, unredacted courtesy copies must be provided to Dept. 514 by email as stated above. Plaintiff's Complaint alleges that defendant Halen Brands, Inc. ("Defendant") manufactured, sold and/or distributed 12 types of food bars and drink mixes, which Plaintiff alleges cont...

Excerpt: ...metering lights just beyond the Bay Bridge Toll Plaza. The parties advise the Court that Defendant served several subpoenas but later agreed to withdraw them in response to Plaintiff's informal objection. The Court acknowledges that although Plaintiff has waived her right of privacy to her medical records by filing this action seeking damages for her injuries, the scope of the waiver is limited by the injuries claimed and other factors not curren...

Excerpt: ...ANDARD OF 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 ma...

Excerpt: ... Renovation Realty Northern California, substantially complied with its licensing requirements. See Bus. & Prof. Code § 7031(e). Subparagraph (e) sets forth the three exclusive factors bearing upon the substantial compliance analysis. See Pacific Caisson & Shoring, Inc. v. Bernard Bros. Inc. (2011) 198 Cal.App.4th 681, 694 (party claiming substantial compliance must show that he or she has satisfied all three factors); and Pacific Caisson & Shor...

Excerpt: ...y service. CCP 203(a) now excludes from jury service 11 categories of persons. At issue in this case is CCP 203(a)(11), which states: "(a) All persons are eligible and qualified to be prospective trial jurors, except the following: ... (11) Persons who are currently required to register as a sex offender pursuant to Section 290 of the Penal Code based on a felony conviction." Plaintiff asserts a single cause of action asserting that the legislati...

Excerpt: ...laint against Plaintiff. The parties stipulated to the filing of a First Amended Cross- Complaint in July 2020, and the Court thereafter granted Defendant leave to file the First Amended Cross-Complaint. In November 2019, the Court set the matter for trial on June 21, 2021. On May 13, 2021, the Court vacated the trial date. Defendant's motion for summary judgment is denied because it has not met its burden of producing sufficient admissible evide...

Excerpt: ...bmit declarations sufficient to show that she made a reasonable and good faith attempt to resolve each issue raised in her motions. See CCP §§ 2016.040, 2030.300(b)(1) and 2031.310(b)(2). Plaintiff may not simply state that she sent a letter to defense counsel and then had a telephone conference. Plaintiff must provide facts in her declaration sufficient to show that she made an attempt to resolve each disputed issue informally. The declaration...

Excerpt: ...rmation from its opponent prior to subpoenaing those documents from a nonparty. None of the federal district court cases cited on page 4-5 of Twitter's opposition brief are binding on California state courts. However, this motion is denied without prejudice because Plaintiff has not made a prima facie showing in support of her claim that parties' settlement agreement has been breached, as required by, e.g., Glassdoor Inc. v. Superior Court (2017)...

Excerpt: ...g will automatically become the Court's final order on Tuesday, May 11, 2021 unless, by no later than 4:00 p.m. on Monday, May 10, 2021 a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing...

Excerpt: ...stitute 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. (Aubry ...

Excerpt: ...scharging Reyes from liability. Because Reyes' alleged liability to Plaintiff arose on July 8, 2019, nearly a year prior to Reyes' bankruptcy filing, Plaintiff's claims in this case fall within the scope of the bankruptcy court's discharge order. (See In re Gibson (Bank. N.D. Tex. 2002) 308 B.R. 763, 766-768.) The bankruptcy court's discharge order therefore discharged Reyes from any liability for Plaintiff's claims and precludes Plaintiff from p...

Excerpt: ...mily 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.) First, the Second...

Excerpt: ...nce of any trust. (Yu Dec, para 13) In 1993 it is unclear whether Mother lived in Alameda County (Lian Dec., para 2) or in China (Yu Dec., para 9-10.) In 2007, something happened. Daughter Lian asserts that in 2007 Second Daughter Leshing and Leshing's daughter Tao Yu persuaded Mother to transfer responsibility for the trust to Yu. If so, then the trust was presumably still for the benefit of Daughter Lian. Yu assets that in 2007 Mother sold the ...

Excerpt: ...t after Defendant failed to timely respond to the Notice and Acknowledgement of Receipt Plaintiff mailed to Defendant on 6/22/2020. This tentative ruling will automatically become the Court's final order on Tuesday, May 18, 2021 unless, by no later than 4:00 p.m. on Monday, May 17, 2021 a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the p...

Excerpt: ... talent. (2AC, para 27(d).) Clients can request specific musicians. (2AC, para 27(n).) When IML or IAL has a client it then invites musicians, who can sign up for the event and play at the event. (2AC, para 27(g).) The musician is paid a share of the proceeds of the performance. (2AC, para 27(g).) The client pays IML or IAL, and IML or IAL then pays the musicians. (2AC, para 27(j).) IML and IAL issue Form 1099s to musicians and do not issue W-2s....

Excerpt: ...gateway" questions: (1) whether the parties had agreed to arbitrate disputes, per the usual rules of contract law, and (2) whether the parties' current dispute lies within the scope of the agreement to arbitrate. (Omar v. Ralphs Grocery Co. (2004) 118 Cal.App.4th 955, 960; see 9 U.S.C. § 4 ["If the making of the arbitration agreement or the failure, neglect, or refusal to perform the same be in issue, the court shall proceed summarily to the tri...

Excerpt: .../20/2019 and are thus barred by the applicable statutes of limitations. Plaintiff's Motion to Strike is DENIED. The Motion to Strike is defectively noticed, i.e., the Notice of Motion does not state the grounds for or the matter in the FACC Plaintiff seeks to strike. Defendant may file and serve a Second Amended Cross-Complaint no later than Tuesday, June 8, 2021. BACKGROUND AND RELEVANT ALLEGATIONS OF THE COMPLAINT Plaintiff filed his original C...

Excerpt: ...s or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed. [Citation.] Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation.]" (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) "Liberality in permitting amendment is the rule, if a fair opportunity to correct any defect has not been given." (Angie M. v. Superior Court (1995) 37 Cal.App.4th...

Excerpt: ...as to Defendant Wells Fargo Bank, N.A. only. Legal Standard for Demurrer A general demurrer tests the sufficiency of 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 t...

Excerpt: ...t and Fair Employment and Housing Act claims alleged in the original Complaint and First Amended Complaint. However, it does not appear from the Court's record that Plaintiff has successfully filed his Second Amended Complaint. Plaintiff should do so as soon as reasonably possible. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Friday, May 14, 2021 contesting party must email [email protected] and pro...

Excerpt: .... Plaintiffs allege that Defendant has violated and continues to violate provisions of the California Code of Regulations requiring that employees should be given a suitable seat if the nature of their work reasonably permits the use of seats. Defendants have advised the Court that this is not the first private attorney general act case filed in California by Walmart employees asserting that their right to use a seat while working has been violat...

Excerpt: ...on 2/2/21 stated: "The court's preliminary thoughts follow: ... Hard copies of documents. The production of hard copies of exemplars of the trifold mailing packages documents seems advisable on the facts of this case. The court would suggest both (1) production of exemplars of the trifold mailing packages documents and (2) a mutual set of exemplars of the trifold mailing packages documents to be used at depositions." The IDC advice was preliminar...

Excerpt: ... talent. (2AC, para 27(d).) Clients can request specific musicians. (2AC, para 27(n).) When IML or IAL has a client it then invites musicians, who can sign up for the event and play at the event. (2AC, para 27(g).) The musician is paid a share of the proceeds of the performance. (2AC, para 27(g).) The client pays IML or IAL, and IML or IAL then pays the musicians. (2AC, para 27(j).) IML and IAL issue Form 1099s to musicians and do not issue W-2s....

Excerpt: ...dustry Groups seek to intervene. Permissive intervention is governed by CCP 387(d)(2). Under that section, "the trial court has discretion to permit a nonparty to intervene where the following factors are met: (1) the proper procedures have been followed; (2) the nonparty has a direct and immediate interest in the action; (3) the intervention will not enlarge the issues in the litigation; and (4) the reasons for the intervention outweigh any oppo...

Excerpt: ...y emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be conducted on Wednesday, May 19, 2021 at 1:30 p.m. or at a subsequent date and time set by the Clerk of Dept. 514. The subject line of the email to the Court contesting the tentat...

Excerpt: ...16,666.67 (33 1/3%), costs of up to $15,000, a service award of $5,000 for each class representative, and settlement administration costs of up to $7,500, and a net PAGA payment of 1,250. After these expenses of approximately $145,400, the class would get $204,600. The average payout per class members would be $2,045. The proposed class notice form and procedure are adequate. There were no opt outs and no objections. The proposed class is appropr...

Excerpt: ...curity 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 al...

Excerpt: ...s given leave to amend to clarify whether or not the subject property was sold. If the subject property was not sold, Plaintiff should identify the language in the listing agreement (if any) that addresses whether Plaintiff is to be paid under those circumstances, and if so, how the payment is to be calculated. The portion of paragraph 3A(1) of the listing agreement quoted in Complaint paragraph 10 does not address that issue. Second, Plaintiff h...

Excerpt: ...et the staff retain the tips. (2AC, para 14.) The 1AC asserts claims for (1) money had and received, (2) conversion, and (3) intentional interference with economic relations. ORDER ALL CAUSES OF ACTON The 2AC alleges the same facts as the 1AC, but restates and clarifies the legal basis for the claims. The 2AC is not a mere re-filing of the 1AC with a different caption. Plaintiff is not asserting statutory claims directly against the Regents. Gove...

Excerpt: ...t 520. The Court has reviewed the parties' papers. Plaintiffs are current and former employees of Walmart Inc. who allege that Walmart has violated and continues to violate provisions of the California Code of Regulations requiring that employees should be given a suitable seat if the nature of their work reasonably permits the use of seats. The Court agrees with Defendant's assertion that Plaintiffs' claims in this action filed pursuant to Labor...

Excerpt: ...tion procedures is to allow this Court to "cut through the parties' 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 i...

Excerpt: ...All Saintsidence") opposes the present motion on several grounds, which the court will address below. JURISDICTION First, All Saintsidence challenges this court's jurisdiction to hear the present motion based on All Saintsidence's Notice of Appeal of the court's denial of its Petition to Compel Arbitration. While the filing of an appeal divests the trial court's jurisdiction, however, the stay only applies to the issues and parties embraced by th...

Excerpt: ...e permitted to amend their pleadings prior to trial in order to avoid the forfeiture of claims or defenses. See Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428. The Court is generally not permitted to consider whether the proposed amendment is legally sufficient when deciding whether to permit amendment. See Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1048. In this case, the Court would have been inclined to...

Excerpt: ... on February 16, 2011. (See SA's Request for Judicial Notice, Exhibit 5.) SA claims that it then acquired the subject property from DBank on May 23, 2014. (See SA's Request for Judicial Notice, Exhibit 6.) SA seeks summary judgment in its favor against the Heredias. Alternatively, SA seeks summary adjudication of its causes of action against the Heredias for quiet title, trespass, ejectment, and unjust enrichment. The Court determines that SA has...

Excerpt: ...ding installation of public utilities, and Esau posted bonds with the City to secure construction of those improvements. To date, Esau has not yet installed the required public utilities. Plaintiffs have filed a verified Complaint against the City (not Esau) for Declaratory and Injunctive Relief. The Complaint seeks a declaration that the City is obligated to complete the public utility installations in the Subdivision that Esau was required to d...

Excerpt: .... Plaintiffs allege that Defendant has violated and continues to violate provisions of the California Code of Regulations requiring that employees should be given a suitable seat if the nature of their work reasonably permits the use of seats. Defendants have advised the Court that this is not the first private attorney general act case filed in California by Walmart employees asserting that their right to use a seat while working has been violat...

Excerpt: ...long with various other assets of decedent) upon his death. Plaintiffs allege that Srinivas misappropriated the subject real property by recording a grant deed on July 17, 2015 transferring title of the subject real property from decedent to decedent and Srinivas, husband and wife, as community property with a right of survivorship. On July 6, 2020, Plaintiffs recorded a lis pendens as to the subject real property. Srinivas seeks to expunge the l...

Excerpt: ...to pay for the dental practice. Richard Evangelista filed a cross complaint alleging that Stephen Phillips breached the contract and that Leslie Phillips misappropriated trade secrets. Leslie Phillips filed a cross-complaint against Richard Evangelista arising from her employment with him from 2017-1919. On 3/22/21, Evangelista served a subpoena on Verizon Wireless seeking all of Leslie Phillips's telephone records for the time period 12/1/18 - 6...

Excerpt: ...t 520. The Court has reviewed the parties' papers. Plaintiffs are current and former employees of Walmart Inc. who allege that Walmart has violated and continues to violate provisions of the California Code of Regulations requiring that employees should be given a suitable seat if the nature of their work reasonably permits the use of seats. The Court agrees with Defendant's assertion that Plaintiffs' claims in this action filed pursuant to Labor...

Excerpt: ...ED. According to the First Amended Complaint, Plaintiffs all reside or resided in the apartment building owned by Defendant Abdulrahim located at 1691 164th Avenue, in San Leandro, starting in or around 2010. Plaintiffs allege that Defendant Abdulrahim and his property manager, Kae Real Estate Services, have breached their common law and statutory obligations by allowing unsafe conditions to persist without taking corrective action. Plaintiffs' l...

Excerpt: ... or decision is not supported by the findings, or the findings are not supported by the evidence." (Code Civ. Proc., § 1094.5.) The court considers due process issues using the court's independent judgment. (Doe v Regents of the University of California (2016) 5 Cal.App.5th 1055, 1073; Tafti v. County of Tulare (2011) 198 Cal.app.4th 891, 896.) The Regents must follow its own procedures and those procedures must provide a level of due process ap...

Excerpt: ...ation. The Sixth Cause of Action does not arise out of or assert any claim in connection with the Teaspoon Franchise Agreement. Rather, it alleges that Defendant Amy Lai fraudulently induced Plaintiff Tony Zhang to enter various partnership agreements conveying shares of interest in Plaintiff Lake Merced International Inc. ("LMI"). None of those agreements appear to have any arbitration provision. The fact that LMI is a party to the Teaspoon Fran...

Excerpt: ...es arising from or related to this Agreement or to the Resident's residency, care or services at the Community whether made against Owner or Morningstar or any other individual or entity". Plaintiff's claims asserted in this case fall within the scope of that agreement. Plaintiff raises several arguments as to why she believes her claims asserted in this case cannot be compelled to arbitration. First, she argues that the Agreement does not contai...

Excerpt: ...t Defendants waived their right to bring a Motion to Transfer Venue by invoking this Court's jurisdiction on several occasions. First, Defendants invoked this Court's jurisdiction by filing and serving Cross-Complaints in this action on respectively 3/25/2019 (Jobs) and 5/6/2019 (Aquino and POAP). Second, Aquino and POAP again invoked this Court's jurisdiction by filing a Motion to Oppose the Application for Good Faith Settlement Determination br...