Excerpt: ...rules for employment disputes and also set out six separate itemized provisions. Tesla asserts that Rodriguez electronically signed the offer letter and agreed to arbitration. (Ward Dec and Supp Dec.) Rodriguez states that he recalls accepting a position at Tesla by clicking through a link, but that he does not recall the offer letter. (Rodriguez, Dec, para 6-7.) ORDER ON ARBITRATION The Motion of defendant Tesla to compel Jorge Rodriguez to arbi...

Excerpt: ...acts sufficient to constitute a defense. (See Code Civ. Proc. § 438(c)(1)(A).) Defendant's statement "I can pay month a month for me no problem is OK" is not sufficient to dispute the allegations of the complaint or to constitute a defense. Pursuant to Code of Civil Procedure § 431.20(a), "[e]very material allegation of the complaint or cross-complaint, not controverted by the answer, shall, for the purposes of the action, be taken as true." (S...

Excerpt: ...es of action 1-6 assert class claims alleging that (1) AC Transit has a policy in violation of the FEHA of providing accommodations to workers who were injured on the job but not to workers who are similarly impaired but due to pregnancy and (2) AC Transit has a policy in violation of the FEHA the Pregnancy Disability Leave Law, and the UCL of not accommodating lactating motions. Nikki McNaulty asserts the 7th cause of action as an individual cla...

Excerpt: ... (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 material facts pleaded ...

Excerpt: ... damaged by that misrepresentation. Although Plaintiffs allege SMA had a statutory or contractual duty to disclose that it had purchased Plaintiffs' loan and to provide Plaintiffs with periodic statements and repayment information, they fail to cite any legal authority supporting a common law duty to disclose any of that information that would give rise to a claim for fraud by concealment. In addition, as to Plaintiffs' allegations concerning (1)...

Excerpt: ...ng party is entitled to a judgment as a matter 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 rega...

Excerpt: ...n of Alycia A. Degen, Exhibit L). The dates and locations of the subject depositions were subsequently disclosed to Plaintiffs via email on October 31, 2017 (Degen declaration, Exhibit M). In their reply Plaintiffs point out that the dates are "illusory" because they are "contingent on the dates working for counsel, including in other jurisdictions." The court continues to encourage the parties to explore opportunities to facilitate cross-jurisdi...

Excerpt: ... managed under orders relating cases. On August 2, 2016, this court issued an Order On Preemption Demurrer that applied, by stipulation of the parties, to 11 of the related cases. That order addressed challenges to two forms of complaints, one of which was framed to include causes of action for (1) Negligent Failure To Warn, (2) Negligence, (3) Strict Products Liability, and (4) Fraud, and the other to include causes of action for (1) Negligent F...

Excerpt: ...ative defenses to the six causes of action in the complaint, including pleading "ultimate facts" (not just legal conclusions) supporting each affirmative defense and "refer[ring] to the causes of action which they are intended to answer, in a manner by which they may be intelligibly distinguished." (C.C.P. § 431.30(g); see also FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 384 [affirmative defenses should be "averred as carefully...

Excerpt: ...: "All discovery proceedings in the action shall be stayed upon the filing of a notice of motion made pursuant to this section.... The court, on noticed motion and for good cause shown, may order that specified discovery be conducted notwithstanding this subdivision." The "good cause" required by the statute generally requires the plaintiff to show "that a defendant or witness possesses evidence needed by plaintiff to establish a prima facie case...

Excerpt: ...notice of motion was not specific as to the grounds on which the motion pertaining to Mr. Cuturic was based, "the supporting memorandum addressed the allegations as to Mr. Cuturic...." Thus, the court understood this to mean Mr. Cuturic was moving separately for summary judgment on all causes of action as to him. Nevertheless, because Plaintiffs argued at the hearing that the lack of specificity caused them to focus on Dr. James's asserted liabil...

Excerpt: ...g his alleged professional negligence. See Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. Despite having an opportunity to do so, Plaintiff failed to present any competent expert evidence to rebut Defendant's prima facie showing. See Osborne v. Irwin Memorial Blood Bank (1992) 5 Cal.App.4th 234, 273. Counsel for Defendant shall promptly prepare the Proposed Order for the Court's consideration. See Rule of Court 3.1312. NOTICE: Effe...

Excerpt: ...tion at that time. Instead, counsel shall be prepared to address the following matters: (1) On June 13, 2019, Plaintiffs Peter Yeh aka Chu-Kuo Yeh and Chiu-Ying Yeh ("Plaintiffs") filed an Ex Parte Application to continue the hearings on the two motions for summary judgment, along with the trial and related dates. The court has considered the opposition papers filed by Defendants on June 13, 2019, but has not ruled on that application. Instead, t...

Excerpt: ...Section (Information Systems and Information Resources) (Declaration of Edward A. Wallace, Exhibit A). For purposes of this Motion, Plaintiffs indicate that they are not seeking to compel testimony on topics 13-19. Plaintiffs' characterization of the subject deposition topics as "narrowly tailored" is inaccurate. They are extremely broad, and Defendants' reluctance to accept Plaintiffs' counsel's representation that they are only seeking informat...

Excerpt: ...of LBE was making her uncomfortable at work by looking at her breasts and making comments about her. Plaintiff contends that LBE retaliated against her for making a complaint, informing an investigator hired by LBE of her fear of retaliation and reporting to the investigator that, because of her complaints, other employees were calling her "that fucking bitch" and saying the company should "[t]hrow her out." Plaintiff claims that LBE created a pr...

Excerpt: ...0.300(d).) Sanctions in the amount of $640.00 is payable by Johns to Plaintiffs. This action arises from a May 12, 2017 car accident between decedent Srouey Khin ("Decedent") and a Temsa charter bus owned and operated by Defendants. The bus driver, Johns, pled guilty to vehicular manslaughter. Plaintiffs are decedent's wife and four children, and commenced this action for wrongful death and loss of consortium. On June 1, 2018, Plaintiffs served J...

Excerpt: ...ure, Inc., et al. ("Defendants") characterize as "discovery on discovery." More specifically, Plaintiffs are attempting to discover how Defendants conducted the searches that lead to the production of documents responsive to two sets of requests for production of documents ("RPD") and the responses to a first set of SI. First, the court rejects Defendants' argument that "discovery on discovery" is inappropriate across the board because it does no...

Excerpt: ...y Defendant ("complaint files"). More specifically, Plaintiffs seek an order that Defendant produce the same materials that it produced to FDA inspectors during inspections in December, 2010 to January, 2011, and in May to June, 2013, as referenced in the Establishment Inspection Reports attached to Plaintiffs' Motion as Exhibits C and D, while Defendant seeks a protective order regarding the same complaint files. All complaints regarding a medic...

Excerpt: ...nsortium. Plaintiffs seek an order quashing the business records subpoena that Defendants served on Bank of America, N.A. on March 12, 2019, which seeks any and all bank account records of Decedent from 5/12/2012 to the present. (Declaration of Daniel L. Osier ["Osier Dec."], Ex. A.) Plaintiffs argue that the subpoena is overbroad as to time and scope, and violates constitutionally protected privacy rights with respect to personal financial infor...

Excerpt: ...ted, made, constructed, assembled, marketed, advertised, promoted, distributed, and sold by Bayer called "Essure" ("these coordinated proceedings" or "JCCP 4887") and the appointment of this court as Coordination Trial Judge, this court issued rulings on August 2, 2016 applicable to certain of cases now included in JCCP 4887 that originated in the Alameda County Superior Court and were subject to related case orders filed in each. Included were (...

Excerpt: ...r protected activity in the case of Princess Pope v. Essex Property Trust, Inc., et al. (Case No. RG13689355). See CCP § 425.16(e)(1) (any written or oral statement or writing made before a legislative, executive, or judicial proceeding); Park v. Board of Trustees of California State University (2017) 2 Cal.5th 1057, 1062 ("A claim arises from protected activity if that activity underlies or forms the basis for the claim."); Navellier v. Sletten...

Excerpt: ...oherent and concise manner that allows the court or Plaintiff to identify the facts supporting each affirmative defense. Instead, they are in the nature of broad and general arguments about the claims. This does not comport with C.C.P. § 431.30(b), which states: "The answer to a complaint shall contain: (1) The general or specific denial of the material allegations of the complaint controverted by the defendant[; and] (2) A statement of any new ...

Excerpt: ...t The Craneway Pavillion, in Point Richmond, on August 5, 2017. The White Party Event was organized by Defendant 1stFriday.com (aka 1st Friday of the Bay Area). Plaintiff contends that Top Flight Security was hired to provide security for the event. Plaintiff makes clear that Top Flight Security does not agree with this contention. Plaintiff explains in some detail that Top Flight Security did nothing to ensure the safety of attendees at the Whit...

Excerpt: ...ers. The Officers' counsel requested all reports and complaints from the IA investigation before the second interrogation under Government Code section 3303, subdivision (g), as interpreted in Santa Ana Police Officers Assn. v. City of Santa Ana [hereafter "Santa Ana POA"] (2017) 13 Cal.App.5th 317, 328. CPRA refused to produce the materials and insisted that the officers sit for interrogation. Based in part on those interrogations, the CPRA foun...

Excerpt: ... social media. The fee for mayoral candidates is $1,000, which includes the cost for assessing publication of a candidate's qualification statement in the voter information pamphlet. Plaintiff paid a $50 deposit to the Oakland City Clerk, e-mailed his Qualification Statement on August 7, 2018, and on August 10, 2018, paid the remaining $950 fee and gave the City Clerk a printed copy of the Qualification Statement. The City Clerk informed Plaintif...