Excerpt: ...tock, nominate and elect directors to the board, and wage battles for corporate control. This case involves the application of the statutes and settled principles, complicated somewhat because the Company is a "Manager-Managed LLC" rather than a regular corporation. BACKGROUND On 1/1/17 Brendel and Sade founded Freeli Foods, LLC. The Company is a "Manager-Managed LLC" as defined under Corp Code 17702(b)(5). (Brendel Dec, Exh 5 [letter from Freeli...

Excerpt: ...an award of their statutory costs is DENIED. Plaintiffs' motion is procedurally deficient and redundant. Plaintiffs are entitled to claim their costs by filing a verified memorandum of costs pursuant to Rule of Court 3.1700(a). Plaintiffs filed their initial memorandum of costs on September 17, 2020 and their amended memorandum of costs on November 17, 2020. Plaintiffs' entitlement to their costs is then presented to the Court for decision when D...

Excerpt: ...[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).) "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 affidav...

Excerpt: ...ovember 17, 2020, contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any requested hearing will 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 becom...

Excerpt: ...rovide 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 in advance of the hearing. If not timely contested, and the tentative ruling will ...

Excerpt: ... or that there is no defense to the action or proceeding." (CCP § 437c(a)(1).) "[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law." (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850.) "That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereo...

Excerpt: ...hall file and serve any amended complaint. STANDARD 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...

Excerpt: ...ng final approval and (2) as a result of the COVID-19 economy it does not have the money and (3) the obligation would require it to file for bankruptcy. Addison Lee notes that it has payments coming due in December 2020 and April 2021 in a completed class settlement in the EDNY and that it has a $1,595,000 class settlement final approval hearing in the SDNY in March 2021. The court has the discretion to continue the motion. (First State Ins. Co. ...

Excerpt: ...O LATER than 4:00 PM on Friday, December 4, 2020, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. NOTE THE TENTATIVE RECITAL OF THE HEARING TIME HAS BEEN CHANGED. 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 ...

Excerpt: ... contending in this action that increases in student enrollment-above the amount studied for environmental impacts in 2005 to support the adoption of UC's 2020 Long-Range Development Plan-are not a part of the project at issue in this action under the California Environmental Quality Act. This Court can allow amendments to the pleadings at any time during proceedings, including during trial, as long as the amendment is "in the furtherance of just...

Excerpt: ...ng." (CCP § 437c(a)(1).) "[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law." (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850.) "That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon." (Id.) Further, "the party moving for summary judgm...

Excerpt: ...).) "[S]ection 36 was enacted for the purpose of assuring that an aged or terminally ill plaintiff would be able to participate in the trial of his or her case and be able to realize redress upon the claim asserted." (Looney v. Superior Court (1993) 16 Cal. App. 4th 521, 532.) "Such a preference is not only necessary to assure a party's peace of mind that he or she will live to see a particular dispute brought to resolution but it can also have s...

Excerpt: ...ts.ca.gov and provide notice to all counsel via File&ServeXpress of the intent to contest the tentative order. If contested, the hearing will be conducted via COURTCALL. If not timely contested, and the tentative ruling will become the final order of the Court. STANDARD OF LAW CCP § 36 provides in relevant part: "(d) In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentat...

Excerpt: ...ete, verified, code-compliant, further responses to the Standard Interrogatories Nos. 33-34, 36, 40-41 and 50-53 pursuant to this Order. MOTION TO COMPEL Plaintiff seeks to compel further responses to her Interrogatory Nos. 33-34, 36, 40- 41 and 50-53. Plaintiff contends that Colgate has improperly imposed objections and evasive answers as to these interrogatories. In this action, Plaintiff alleges that she was exposed to asbestos in the Cashmere...

Excerpt: ...n Thursday, December 10, 2020, contesting party must email [email protected] and provide notice to all counsel via File&ServeXpress of the intent to contest the tentative order. If a hearing is requested, the hearing will be conducted via COURTCALL. If not timely contested, and the tentative ruling will become the final order of the Court. RELEVANT EVIDENCE TCNA presents evidence in its moving papers that it is a not-for-profit trade ...

Excerpt: ...eadlines in any future filings or the Court may not consider Plaintiff's papers in the future. STANDARD OF LAW "The court may, upon a motion . . . or at any time in its discretion, and upon terms it deems proper: (a) [s]trike out any irrelevant, false, or improper matter inserted in any pleading[;] . . . [and/or] (b) [s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an orde...

Excerpt: ...neys' fees of up to $400,000 (33%), costs of up to $20,000, a service award of $10,00 for each class representative, a net PAGA payment of $26,250, and settlement administration costs of $27,500. After these expenses, the class would get $706,250. The average payout per class member would be $923. The proposed class notice form and procedure are adequate. The proposed class is appropriate for class certification. The motion makes an adequate anal...

Excerpt: ... to file and prosecute her Cross-Complaint against him in Wilt v. Solomon (Alameda County Superior 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 runni...

Excerpt: ...er, SFO Airporter, Inc. After serving basic initial discovery requests and obtaining responses from Plaintiff, Defendants' attorneys served at least eight (8) subpoenas duces tecum on medical providers, a chiropractic office, and Plaintiff's employer, Helix Electric, Inc. The subpoenas were served on September 11, 2020. Plaintiff's counsel made a written objection to the subpoenas before the records were collected and delivered to Macro-Pro, Inc....

Excerpt: ...nted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. (Code 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 defe...

Excerpt: ...ty 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 regarding ...

Excerpt: ...tiff must allege facts demonstrating defendant's intentional acts that interfered with the plaintiff's contractual relationship, and that the defendant's acts were independently wrongful by some measure beyond the interference itself. (See Nelson v. Tucker Ellis LLP (2020) 48 Cal.App.5th 827, 839-842.) An act is independently wrongful if it is proscribed by some constitutional, regulatory, common law, or other determinable legal standard. (Id. at...

Excerpt: ...ched as Exhibit B to Elkins' Request for Judicial Notice. MyoScience has alleged two causes of action against Elkins, for (1) Disgorgement and (2) Declaratory Relief. MyoScience alleges that Elkins, who was a director of MyoScience between 2008 and 2013 (see Cross-Complaint, paragraph 8) breached a fiduciary duty owed to MyoScience by entering an Incentive Compensation Agreement ("the Agreement") with MyoScience's then CEO Clint Carnell on Januar...

Excerpt: ... there will be attorneys' fees of up to $91,666.67 (33%), costs of up to $10,000, a service award of $7,500 for the class representative, a net PAGA payment of $7,500, and settlement administration costs of $7,000. After these expenses, the class would get $151,333.33. The average payout per class members would be $2,179. The proposed class notice form and procedure are adequate. No class members opted out or objected. The proposed class is appro...

Excerpt: ...para 7-8.) Various lawsuits ensued. (Cpt para 3, 12, 17.) The California Court of Appeal declared plaintiff to be a vexatious litigant. (RJN, Exh 6.) Plaintiff asserts that though all the litigation she was not told that a cause of her firing was an incident in June 2013 where she failed to report EKG results to the primary care nurse. On 3/20/19, Plaintiff submitted a Public Records Act request to AHS. On 4/24/19, plaintiff received a copy of a ...

Excerpt: ...se maintain the UD Action because the UD Action Plaintiff is not the proper plaintiff. However, any further motions filed by Plaintiffs in this action may result in an Order deeming Plaintiffs to be vexatious litigants and/or awarding to Defendants monetary sanctions. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, December 8, 2020, the contesting party must email [email protected] and provide n...

Excerpt: ...ring 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. Defendant operates software applications which allow individuals seeking short- term or longer-term employment opportunities from...

Excerpt: ...Ms. Darrow, a named Plaintiff, and the other Plaintiffs did not submit a verification with the original Complaint. The Complaint included the following causes of action: (1) breach of limited liability company's operating agreement; (2) conversion of corporate assets; (3) forcible detainer; (4) unfair business practice [sic]; (5) breach of fiduciary duty; (6) and negligence in manager's operations of limited liability corporation. On November 6, ...

Excerpt: ...CP § 437c(a)(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 da...

Excerpt: ...lowing apply: (1) An answer to a particular request is evasive or incomplete[;] [and/or] (2) An objection to a particular request is without merit or too general." (CCP § 2033.290(a).) "The court shall impose a monetary sanction . . . against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel further response, unless it finds that the one subject to the sanction acted with substantial justification or that othe...

Excerpt: ... and may, on motion of either party after notice to the other party, set aside any void judgment or order." (CCP § 473(d).) MOTION TO VACATE ENTRY OF DEFAULT Plaintiff Hong Kong Longhigh Industrial Investment Co. Ltd. ("Plaintiff") filed this action against Samuel and Kontech USA, Inc. ("Kontech")-alleging that Samuel managed and operated Kontech-on February 5, 2020, asserting claims against Samuel for fraud - no intention to perform, fraud - co...

Excerpt: ...uding assault, battery intentional infliction of emotional distress), general negligence, and punitive damages. While the allegations are unintelligible in parts, the Court discerns the following: Plaintiff alleges that Defendant Robert Burns McCullough ("Robert Burns") was under the influence of Defendant William McCullough ("William"), Defendant's son, who allegedly physically and mentally abused Defendant, and his other son, Robert Joseph, who...

Excerpt: ...ccess to the record; (2) [t]he overriding 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 Plaintiff seeks to seal confidential portions of its Answer to California...

Excerpt: ...ation is resolved. (Brock v. Kaiser Foundation Hospitals (1992) 10 Cal.App.4th 1790, [during arbitration "the action at law sits in the twilight zone of abatement with the trial court retaining merely a vestigial jurisdiction over matters submitted to arbitration"].) "In the absence of a stay, the continuation of the proceedings in the trial court disrupts the arbitration proceedings and can render them ineffective." (Federal Ins. Co. v. Superior...

Excerpt: ...sult of the administering of an injection in her left buttock by nurse Jennifer Ear on June 7, 2018. Plaintiff alleges that she presented to the Castro Valley Family Medicine Department on that day because she had been experiencing headaches and dizziness. On that day, Plaintiff was accompanied by her friend, Kiniya Davis. Dr. Mehta examined Plaintiff and diagnosed her with a migraine. Dr. Mehta prescribed two injections. The first injection was ...

Excerpt: ... from sharing them with anyone except the recipient parties' counsel, their retained or consulting experts, persons who created or authored the materials, the Court, Court staff, and court reporters. Although the Defendants' proposed order includes "the parties in this Action" as a class of persons who would be permitted to review Highly Confidential materials. (See Defs.' Proposed Order Ex. 1 at p.11, ¶ 8.e.) The Court understands this to be a ...

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: ...mages and attorneys' fees from the 2AC is DENIED. (R-2201384) The motion of Save Mart to strike allegations of punitive damages and attorneys' fees from the 2AC is DENIED. (R-2204369) The motion of TKE to strike allegations of punitive damages and attorneys' fees from the 2AC is DENIED. (R-2204505) Plaintiffs must file a Third Amended Complaint on or before 1/8/21. Plaintiffs may pursue claims for negligence, premises liability, loss of consortiu...

Excerpt: ...spects. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Wednesday December 9, 2020 at 3:00 p.m. in Dept. 19. In order to contest the Tentative Ruling, NO LATER than 4:00 p.m. on Friday, December 4, 2020 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 usi...

Excerpt: ..., December 18, 2020. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Friday, December 4, 2020 contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any requested hearing will most likely be conducted using the Blue Jeans Network, password # 5102676935. If a hearing is requested, the Court will advise the parties of the manner in whic...

Excerpt: ... 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 or more de...

Excerpt: ... The settlement agreement states there will be attorneys' fees of up to $115,000 (33%), costs of up to $17,000, a service award of $15,000 for each of four class representatives, and settlement administration costs of $6,500.and a net PAGA payment of $2,015. After these expenses of $198,500, the class would get $141,500. The average payout per class members would be $4,744. The settlement agreement also includes AC Transit policy changes. (Settle...

Excerpt: ...st Amended Complaint is hereby DISMISSED. STANDARD 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 ...

Excerpt: ...12/4/01 Roy Jones induced his father to transfer the property to himself and his father as joint tenants (para 21), that on 12/5/01 the deed was recorded (exhibit), that on 2/8/02 the father died (exhibit - death certificate), and that as a result Roy interfered with the right of the four children to the property through intestate succession. The complaint assets claims for (1) undue influence, (2) declaratory relief, and (3) cancellation of reco...

Excerpt: ...n light of the already pending case addressing PAGA claims similar to the claims in the present action in Richard Trujillo v. The Chefs' Warehouse West Coast, et al. pending in Federal Court in the Central District Court of California, Case No. Case No. 2:19-cv-08370-DSF-MAA. A defendant may demur to a complaint on the grounds that "another action [is] pending between the same parties on the same cause of action." (CCP § 430.10(c).) This "plea i...

Excerpt: ...omplaint, paragraphs 13-30, and Exhibit A thereto.) The agreement provided that RG was to be paid a management fee, quarterly in advance, in an amount equal to 3% of the value of Defendant's account with RG "as of the last day of the previous calendar quarter". (See Third Amended Complaint, paragraph 31.) The management fee was "payable upon presentation of the Fee Statement". (See Agreement, Exhibit B, paragraph 1.) Plaintiffs later orally agree...

Excerpt: ...outhern Sierra Council Boy Scouts of America (2004) 117 Cal.App.4th 743, 746-748 and the cases cited therein.) In particular, the right to fair procedure applies where the private entity has substantial power that significantly impairs the affected individuals' ability to work in a particular field or profession. (Id.) The plaintiff need not establish that the private entity has monopolistic control over, or the right to completely terminate, the...

Excerpt: ...pping Association, et al. The First Amended Petition asserts two causes of action, for (1) Lack of Authority to Certify, and (2) Unconstitutional Special Statute. Petitioners' First Cause of Action for Lack of Authority to Certify alleges that the Governor was required to certify the Howard Terminal Project under AB 734 and the AB 900 Guidelines, and that to be valid the Governor's certification had to be made by December 31, 2019. AB 900 provide...

Excerpt: ... though the two pleadings are based on the same general factual allegations. Plaintiffs propose to withdraw the declaratory relief claims and to replace them with several contract and tort claims. Plaintiffs also propose joining Newpark Mall's leasing agent and property manager, Brookfield Properties Retail, Inc., as a defendant in the First Amended Complaint. The Court will not recite all of the facts or summarize the procedural history of this ...

Excerpt: ...hat a motion seeking sanctions under that statute be served at least 21 days before it is filed. Here, the proof of service for this motion indicates that it was served on October 6, 2020, and the motion was filed one day later, on October 7. In any event, the Court rejects Plaintiffs' argument that the District misstated the legal standards governing this case. School districts have a duty to protect students from foreseeable dangers, including ...

Excerpt: ... Received. The County contends that Defendant received a substantial overpayment of her CalWORKs benefits from 2015 to 2017 because she misrepresented the level of income she and others in her household received in reports submitted to the County under penalty of perjury. The County also contends that Defendant received an "overissuance" of her CalFresh benefits for the same reason. The County made the determination in late 2017. Defendant exerci...

Excerpt: ...etaliating against an employee for, inter alia, disclosing information to a law enforcement agency or to a person with authority over the employee or authority to investigate the violation or noncompliance "if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation". Here, it is highly questionable whe...

Excerpt: ...e Third Amended Complaint filed October 14, 2020, alleges a single cause of action against the District and Lam, the Second Cause of Action for "Negligence of District Employees" pursuant to Government Code § 815.2 and § 820. The Court observes that Lam has not presented any arguments as to why he should not be personally liable for Howey's actions. Rather, the District and Lam make identical arguments as to why neither should be liable for How...

Excerpt: ...es of action against the City for premises liability and general negligence. In this motion, the City argues it is not liable for Plaintiff's claim for dangerous condition of public property but does not address Plaintiff's claim for general negligence. The City first argues that Plaintiff's claim against the City is barred because it was not fairly reflected in her claim presented to the City on May 28, 2019. In her claim, Plaintiff indicated th...

Excerpt: ...aylor to crash and suffer personal injuries (PUF 60). The City of Alameda designed and maintained the bike path, which is a Class I bikeway. Alameda Municipal Power, which is a department of the City of Alameda, installed and maintained the utility cover, which is located in the bike path (DUF 11, 12; PUF 41). Alameda Municipal Power maintains electrical boxes and covers as part of its responsibility as an electrical utility/ (PUF 48, 49, 50, 51,...

Excerpt: ...don Dec., para 6.) It is specific to Gordon, as evidenced by its terms, the footer, and Gordon Dec para 7. It has an integration clause. When DPC terminated Gordon's employment it did so under para 7(a) of the Gordon agreement. (Godon Dec. Exh 3.) It has no arbitration clause. When Gordon showed up at work, he signed the DPC form employment agreement. The DPC form employment agreement is dated 9/1/17. It is a form agreement. (Gordon Dec., para 9....

Excerpt: ...notes from the trustee of the deceased Wife's trust. Defendant trustee of the deceased Wife's trust (which allegedly owes the money) served discovery on Plaintiff trustee of Husband's trust (which seeks the money). GENERAL ISSUES This is a breach of contract case. The claims in this case concern whether there were promissory notes, the terms of the notes, and whether there has been a breach of contract based on a failure to make payments. The onl...

Excerpt: ...017, wherein Plaintiff sustained severe injuries to his right hand while working on the deck of a vessel when a heavy metal crane block dropped from a loading crane and struck Plaintiff. Bulk Shipping seeks an order compelling Plaintiff to respond to deposition questions regarding his psychiatric history, which Bulk Shipping claims that Plaintiff has put at issue in this action. (Declaration of Andrew I. Port ["Port Dec."], Ex. D at p. 33:16- 17 ...

Excerpt: ...C"), Plaintiff alleges that several people affiliated with the University's Department of Sociology, including several faculty members, a graduate student instructor, and an assistant, all engaged in negligent and/or intentional infliction of emotional distress. Defendants demur on the grounds that the conduct alleged in the TAC is, as a matter of law, not outrageous. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on ...

Excerpt: ... is a defendant's "burden to demonstrate that the plaintiff's venue selection is not proper under any of the statutory grounds." (Id.) "In opposing the motion to change venue, '[t]he plaintiff may bolster his or her choice of venue with counter affidavits consistent with the complaint's theory of the type of action but amplifying the allegations relied upon for venue.'" (Id.) "The presumption is, in the absence of an affirmative showing in that p...

Excerpt: ... lawsuit. Plaintiffs have separately sued Defendants in this case. Defendants served Plaintiff Richard Gray with a deposition notice seeking Gray's attendance at deposition and production of all settlement agreements Plaintiffs entered with Karl Storz Endoscopy-America Inc. and/or Karl Storz GMBH & Co. KG in LASC Case No. YCO71502. The deposition was scheduled for July 22, 2020, but was later rescheduled for September 15. Plaintiffs have never se...

Excerpt: ... Here, the declaration of Shick's Executive Vice President and Chief Financial Officer Blake Day establishes that Shick is a Delaware corporation with its principal place of business in Missouri, and that it has no physical presence or staff in California. Plaintiff has not submitted any evidence disputing that information. But Plaintiff's basis for asserting jurisdiction in California over Shick is not Schick's general contacts with California, ...

Excerpt: ...contacts with the State of California to establish specific personal jurisdiction. The Court DENIES the Motion to Dismiss for Inconvenient Forum as moot. If any party wishes to contest the tentative ruling, no later than 4:00 PM on Wednesday, November 25, 2020, contesting party must email [email protected] and provide notice to all counsel via File&ServeXpress of the intent to contest the tentative order. If a hearing is requested, th...

Excerpt: ...19, Miranda complained about Landers to PRP's human resources and to Landers' managers. The complaints were for sexual harassment. (1AC, para 10-11; Benson Dec., para 11.) Miranda makes the complaints with unspecified malice. (1AC, para 14, 16.) Landers denies the alleged acts of harassment. (1AC, para 12; Landers Dec., para 3.) PRP's human resources conducted an investigation. (Benson Dec., para 12.) On 8/29/19, PRP terminated Landers's employme...

Excerpt: ...h of a person who commenced an action or proceeding, the court shall allow a pending action or proceeding that does not abate to be continued by the decedent's personal representative or, if none, by the decedent's successor in interest." (CCP § 377.31.) "The person who seeks to commence an action or proceeding or to continue a pending action or proceeding as the decedent's successor in interest . . . shall execute and file an affidavit or a dec...

Excerpt: ...." (Moses H. Cone Memorial Hosp. v. Mercury Constr. Corp. (1983) 460 U.S. 1, 24.) "California law, like federal law, favors enforcement of valid arbitration agreements." (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97.) The California Arbitration Act requires courts to enforce arbitration clauses. (CCP §§ 1280 et seq.) California does not have a "policy compelling persons to accept arbitration of controversies...

Excerpt: ...oinder of Defendant J-M Manufacturing's Motion to Transfer Venue is also DENIED. LAW RE: VENUE TRANSFER MOTIONS In bringing a motion to transfer venue, "[t]he moving party must overcome the presumption that the plaintiff has selected the proper venue." (Fontaine v. Superior Court (2009) 175 Cal.App.4th 830, 836.) It is a defendant's "burden to demonstrate that the plaintiff's venue selection is not proper under any of the statutory grounds." (Id....

Excerpt: ... being treated in Texas. On 9/11/20, the court granted CCP 36 trial preference. On 10/28/20, J&J moved to stay or dismiss based on forum non conveniens. There is no time limit for filing a motion to stay based on inconvenient forum. The motion was timely. There is no prejudice to Plaintiffs in the delay because the case can be re-filed in Texas and all Defendants have agreed not to assert the statute of limitations as a defense in Texas. The moti...

Excerpt: ...roduction and Interrogatories. While defense counsel claims he never received these requests, plaintiff's proposed Case Management Statement, emailed to defendant on February 9, 2020, noted the requests and defendant's failure to respond. Ex. 2 to Burton decs. This Statement was filed by plaintiff on February 11, 2020. Plaintiff followed up on this with a meet and confer letter regarding the discovery on February 24, 2020 (Ex.3 to Burton decs.), ...

Excerpt: ... "[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law." (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850.) "That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon." (Id.) Further, "the party moving for summary judgment bears an initial burd...

Excerpt: ...ian Plummer (Father). Christian Plummer did not appeal this Court's judgment. On 7/18/16 the court granted summary judgment against Edward Plummer (Grandfather). Edward Plummer did appeal this Court's judgment, and the court of Appeal reversed. On 8/21/20, defendant Kaiser filed a motion for judgment on the pleadings asserting that under CCP 377.60 the Grandfather did not have standing to sue for wrongful death. The Order of 9/22/20 granted that ...

Excerpt: ...date of this offer pursuant to a fee motion or by agreement." On 6/12/20 plaintiff accepted the offer. Plaintiff seeks fees of $18,048.50, which represents the 36.5 hours worked through the filing of the motion at rates of $525/hour and $395/hour. The hours worked are limited to those "as of the date of" the CCP 998 offer. Plaintiff assets that the limitation is unconscionable. The limitation is not procedurally or substantively unconscionable. T...

Excerpt: ...contacts with the State of California to establish specific personal jurisdiction. The Court DENIES the Motion to Dismiss for Inconvenient Forum as moot. If any party wishes to contest the tentative ruling, no later than 4:00 PM on Wednesday, November 25, 2020, contesting party must email [email protected] and provide notice to all counsel via File&ServeXpress of the intent to contest the tentative order. If a hearing is requested, th...

Excerpt: ...ED in its entirety. If any party wishes to contest the tentative ruling, no later than 4:00 PM ONE on Thursday, November 19, 2020, contesting party must email [email protected] and provide notice to all counsel via File&ServeXpress of the intent to contest the tentative order. If a hearing is requested, THE HEARING WILL BE CONDUCTED ON TUESDAY, DECEMBER 1, 2020 at 3:00 p.m. via COURTCALL. If not timely contested, and the tentative rul...

Excerpt: ...roduction and Interrogatories. While defense counsel claims he never received these requests, plaintiff's proposed Case Management Statement, emailed to defendant on February 9, 2020, noted the requests and defendant's failure to respond. Ex. 2 to Burton decs. This Statement was filed by plaintiff on February 11, 2020. Plaintiff followed up on this with a meet and confer letter regarding the discovery on February 24, 2020 (Ex.3 to Burton decs.), ...

Excerpt: ...oinder of Defendant J-M Manufacturing's Motion to Transfer Venue is also DENIED. If any party wishes to contest the tentative ruling, no later than 4:00 PM on Thursday, 11/19/2020 hearing contesting party must email [email protected] and provide notice to all counsel via File&ServeXpress of the intent to contest the tentative order. If a party timely requests a hearing, THE HEARING WILL BE CONDUCTED ON TUESDAY, DECEMBER 1, 2020 at 3:0...

Excerpt: ...case. On 7/10/20 Plaintiff disclosed in interrogatory responses that she lived in Texas and that she was being treated in Texas. On 8/14/20, Plaintiff testified in deposition that she lived in Texas and was being treated in Texas. On 9/11/20, the court granted CCP 36 trial preference. On 10/28/20, J&J moved to stay or dismiss based on forum non conveniens. There is no time limit for filing a motion to stay based on inconvenient forum. The motion ...

Excerpt: ...ntation Causes of Action AND DENIED IN PART as to the remaining fraud and punitive damages claims. STANDARD OF LAW "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 mer...

Excerpt: ...20. The hearing did not proceed on the original date of February 20, 2020, because Defendants made alternative arguments based on the application of German law, California law, and New Hampshire law. The Court ordered counsel for Plaintiff and Defendants to meet and confer regarding choice of law. The Court indicated that if the attorneys could not agree on choice of law, it would conduct an evidentiary hearing to determine which jurisdiction had...

Excerpt: ...hough the case was filed on July 1, 2019, this is the first time that the Court has had to review the details of the parties' dispute. The only other motion filed by the parties prior to the motion for summary adjudication is Plaintiffs' motion for leave to file a Second Amended Complaint, and that motion was dropped prior to the hearing based on the parties' stipulation. Plaintiffs have sued Defendants because they issued primary and excess insu...

Excerpt: ...motion for reconsideration must be "based upon new or different facts, circumstances, or law." (CCP 1008(a).) The motion is not based on new law. The motion is not supported by new facts. Regarding new facts, "the moving party must provide a satisfactory explanation for the failure to produce that evidence at an earlier time." (Shiffer v. CBS Corp (2015) 240 Cal.App.4th 246, 255.) A motion for reconsideration must be based on evidence "that the m...

Excerpt: ...7.) Here, the language of the lease agreement that is at issue defines "prevailing party" to include "a Party or Broker who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment or the abandonment by the other Party or Broker of its claim or defense." (Second Amended Complaint, Exhibit A, Paragraph 31, attached to the Declaration of Peter C. Catalanotti at Exhibit A in support of the M...

Excerpt: ...or Breach of Fiduciary Duty is SUSTAINED, WITH LEAVE TO AMEND to clearly allege facts demonstrating when and how Plaintiffs discovered the facts giving rise to this claim, so as to toll the statute of limitations based on delayed discovery. Plaintiffs' claim appears to be based on a grant deed forged on July 17, 2015 and on false promises made by Srinivas on October 23, 2016 (see Complaint paragraphs 14-17 and 24), and this action was not filed u...

Excerpt: ...4).) The demurrer to the First Cause of Action for Comparative Equitable Indemnity is SUSTAINED, WITHOUT LEAVE TO AMEND. Li seeks comparative equitable indemnity for any liability that may be imposed on Li as a result of the matters alleged in Plaintiff Valerie Meadows' Complaint or Poon's Cross-Complaint. (See Li's Cross- Complaint, paragraph 11.) But Meadows has not sued Li, so it is literally impossible that that any liability will be imposed ...

Excerpt: ...o requests and order that Defendants be required to issue a notice to their primary business contacts or customers containing a fair summary of the Court's decision. In determining whether to grant a preliminary injunction, the Court considers two interrelated factors: (1) the likelihood that the plaintiff will prevail on the merits, and (2) the relative balance of harms that is likely to result from the granting or denial of interim injunctive r...

Excerpt: ...Liability, and (3) Premises Liability. In her products liability claim, Plaintiff alleges that her injuries were caused by the lotion, oil, and nail polish Defendant used during the manicure, pedicure, and massage. In her premises liability claim, Plaintiff alleges that Defendant's massage chair was defective in some unspecified way and caused her to suffer unspecified injuries. Prior to filing this action, Plaintiff (along with Nana Du, who is n...

Excerpt: ...nding resolution of the Civil Action. (Probate Code § 854.) Further, the cases are not properly consolidated because Plaintiff's Complaint in the Civil Action appears to seek a jury trial, which is not available in a Probate Action. Defendant shall serve and file an Answer no later than Friday, December 11, 2020. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Friday, November 13, 2020, the contesting party must em...

Excerpt: ...al defect". The sham pleading doctrine precludes a party from filing an amended complaint that attempts to avoid the defects of the prior complaint by either omitting facts that made the previous complaint defective or adding facts inconsistent with those in the prior pleading. (See, e.g. Zakk v. Diesel (2019) 33 Cal.App.5th 431, 447.) The sham pleading doctrine can apply not only to amended pleading filed in the same action, but also to the firs...

Excerpt: ...ovember 17, 2020, contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any requested hearing will 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 becom...

Excerpt: ... GRANTED IN PART. IT IS FURTHER ORDERED THAT sanctions in the amount of $1,260.00 is payable by Strand to Watkins. Plaintiff Ken Gonzalez's ("Plaintiff") filed this action on October 20, 2017, alleging that Strand breached its contract to remodel Plaintiff's house by reshingling and painting the shingles on his house, when it turned out that Strand purportedly chose a shingle that was not supposed to be painted over, resulting in streaky, straine...

Excerpt: ...se of Action for Fraudulent Concealment. Defendant filed its motion for summary judgment on May 5, 2020. Defendant requests the entry of judgment in its favor as to Plaintiff's First, Second and Third Causes of Action, as well as Plaintiffs' request for a civil penalty pursuant to Civil Code § 1794(c). On June 11, 2020, the case was reassigned from Department 521 to Department 518 for all purposes. Defendant's motion is denied because it has not...

Excerpt: ...served with the moving papers as expressly required by CRC Rule 3.1346. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, November 17, 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 using the Blue Jeans Network, password # 5102676935. If a hearing is requeste...

Excerpt: ...ontroversy 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 series of ...

Excerpt: ...HER ORDERED THAT sanctions in the amount of $600.00 is payable by Plaintiff to Defendants. As a threshold issue, the Court admonishes Plaintiff for her untimely opposition filed on on November 9, 2020, five days after it was due on November 4, 2020. Plaintiff shall comply with all applicable Rules of Court and Codes of Civil Procedure in any future filings. Plaintiff filed this action on June 16, 2020 against Defendants, asserting claims for negl...

Excerpt: ... Plaintiffs' argument that the motion should be denied on the basis that it is untimely. Although this case was filed on May 18, 2020, litigation of the case has been delayed by the COVID pandemic; Plaintiffs did not file their First Amended Complaint until after this motion was filed. The Court is not inclined to find that DE is entitled to intervention as a matter of right pursuant to Code of Civil Procedure section 387(d)(1)(B). In order to de...

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: ...acinone, like many other pesticides, may cause toxic effects on non-target species, including in target species' natural predators. RATS argues that DPR violated the California Environmental Quality Act ("CEQA") by appropriately studying the environmental effects of its decision. DPR opposes. Registrant Interest Scimetrics Ltd. Corp., Wilco Distributors, Inc., and Ensystex II, Inc. also oppose as real parties in interest. Intervenors Croplife Ame...

Excerpt: ... this preference." (C.C.P. § 36 subs. (e). Plaintiffs base their request on the declaration of counsel and the declaration of Plaintiff Cheryl Brown Obolsky and request preference because the trustee, Louis Greer, of the Louis Greer Trust, recently passed away and Plaintiffs are concerned that the trust has little to no assets and if the case were not to proceed to trial right away, then Plaintiffs would be left with an insolvent Defendant to co...

Excerpt: ...he party's interest in the litigation. Fox v. Superior Court (2018) 21 Cal.App.5th 529, 533-536, makes clear that if the court makes three findings, then the court must grant the motion. The first finding is whether the moving party is over 70 years of age. The requirement reflects a legislatively acknowledged risk of death or incapacity due to age. (Kline v. Superior Court (1991) 227 Cal.App.3d 512, 515.) The second finding is whether the moving...

Excerpt: ...fenses, 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 plaintiffs." (CCP § 437c(f)(1).) "A motio...