Excerpt: ... [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 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. ....

Excerpt: ...d while carrying construction materials for his employer, United Mechanical Inc. ("UMI"), in "Modular D", a structure adjacent to the construction site that UMI used for office space while working on WT's construction project for Stanford. (See WT's Separate Statement Fact ("SSF") Nos. 5-7 and 10-11 and the evidence cited in support.) The prime contract between WT and Stanford, in section 1.1, defined "Site" as the real property on which the proj...

Excerpt: ...was made aware prior to filing the Ex Parte Application that Dept. 520 does not hear ex partes on Fridays. The Ex Parte hearing was set for the following week. Neither the court nor opposing counsel had received the Ex Parte Application at the time of the hearing on the Motion for Summary Judgment The Court proceeded with the hearing on the Motion for Summary Judgment on April 30, 2021. Counsel for Plaintiff, Eliza Stewart, and Counsel for defend...

Excerpt: ...parties of the manner in which the hearing will be conducted in advance of the hearing. In order to facilitate discussion at the hearing, the Court provides the following substantive Tentative Ruling. Plaintiff's Motion is GRANTED IN PART, as set forth below. ALLEGATIONS AND FACTS Plaintiff's Complaint in the Civil Action alleges that she and Defendant are the two adult children of Settlor, their mother. (Complaint ¶ 16.) On 9/27/2011, Settlor e...

Excerpt: ...laintiff alleges that he asked for information concerning (1) whether the property had undergone recent repairs, and (2) "a request for disclosure of all material facts or defects." Plaintiff does not allege that Caliber failed to disclose the recent repairs the property had undergone. Plaintiff does allege that Caliber failed to disclose that the property has previously had severe water intrusion, but he does not allege that Caliber was or shoul...

Excerpt: ..., contractor NorCal Builders, and subcontractor Lutz Construction Services. Under the agreement, (1) there was a mutual release between H&H and NorCal, (2) Lutz released claims against H&H, (3) NorCal was to pay Lutz $30,000 in installments, and (4) if NorCal defaulted, then Lutz could seek judgment against NorCal. The 1AC alleges that Defendants Accredited Surety is NorCal's construction bond surety for that Guardian, is Accredited's claims agen...

Excerpt: ...ecurity 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.) A party may also demur o...

Excerpt: ...list the property and to handle the negotiations with prospective purchasers and their agents. Plaintiffs were represented in this case by Wendy Neft-Sanda and Kane and Associates, Inc. The evidentiary record before the Court is relatively clear and straightforward for this type of case. The parties do not dispute Plaintiffs' contention that the seller, William Thomas Meyers, was aware at all times that a third bedroom had been constructed withou...

Excerpt: ... allegedly sustained in the accident and the appropriateness of the treatment she received for that injury. The examination of Plaintiff by Dr. Prager, which will likely take two hours or less, is not duplicative of Plaintiff's earlier examination. Dr. Prager intends to examine Plaintiff to evaluate her claim that she continues to suffer from Complex Regional Pain Syndrome in the area of her left lower extremity years after the accident on August...

Excerpt: ...sumes that claims based on denial of meal and rest breaks, and perhaps for denial of overtime or off the clock compensation, and derivative wage statement claims are encompassed by the motion. As I explain below, however, there are sizeable gaps between these presumed claims and the evidentiary support for class certification. At best, plaintiff offers admissible evidence that he himself may have been subject to wage and hour violations, but fail...

Excerpt: ...n Co. filed motions to contest that determination. LEGAL STANDARDS Under Code of Civil Procedure section 877.6, a Court's finding that a settlement between a claimant and one or more joint tortfeasors or co-obligors was entered in good faith has the effect of discharging the settling defendants' obligations to any remaining defendants in contribution or equitable indemnity. (See Code Civ. Proc. § 877.6(a), (c).) The burden of proof lies with the...

Excerpt: ...ff Karen Permillion started employment with Alameda Health System. In March / Apr. 2017, plaintiff transitions to role in "EBEW" team. The job description requires a medical billing and coding certification, but Plaintiff is told that the requirement was not necessary. In Nov. 2017, plaintiff files for FMLA leave; takes 12 weeks protected leave. When she returns, she has doctor's orders to take intermittent leave. In April 2018, Plaintiff's manag...

Excerpt: ...ily Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The court may cons...

Excerpt: ...t does not specify, with sufficient particularity, whether the contract is written or oral and the terms of the agreement. The allegations constituting a defendant's breach of a contractual duty "must be pleaded with specificity." (Baldwin v. AAA N. Cal., Nev. & Utah Ins. Exch. (2016) 1 Cal.App.5th 545, 550; Levy v. State Farm Mut. Auto. Ins. Co. (2007) 150 Cal.App.4th 1, 5.) The court agrees that Biotree HealthCare Partners Limited, Biotree Harm...

Excerpt: ... 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 which the hearing will be conducted in advance of the hearing. If not timely contested, and the tentative ruling will become the final orde...

Excerpt: ...on Friday, May 7, 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, 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 ...

Excerpt: ...nce that they were timely served on the LWDA. The Court notes that Plaintiff received leave of Court on 4/6/2021 to file a Second Amended Complaint alleging wage and hour class action claims in addition to the PAGA 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. The Court requests that Plaintiff do so as so...

Excerpt: ...t 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 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. LAW RE: MOTIONS FOR ORDER REQUIRING PHYSICAL AND MENTAL EXAMINATIONS. CCP § 2...

Excerpt: ...e for discovery the plaintiff must introduce sufficient evidence to establish a prima facie case of falsity or unprivileged statements. (See Paterno v. Superior Court (2008) 163 Cal.App.4th 1342, 1351.) Plaintiff seeks discovery as to all posts made by Defendant Tyler McSilva on Instagram. The only evidence Plaintiff has submitted that McSilva made any statements on Instagram about or referring to Plaintiff is the declaration of Plaintiff's broth...

Excerpt: ...%), costs of up to $15,000, a service award of $2,500 for each class representative, and settlement administration costs of up to $10,000. After these expenses of approximately $80,000, the class would get $120,000. The average payout per class members would be $4,615. The proposed class notice form and procedure are adequate. There were no opt outs and no objections. The proposed class is appropriate for class certification. The motion makes an ...

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: ...itute 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 v....

Excerpt: ..., 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 v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kirwan (1985) 39 Cal.3...

Excerpt: ...ceremony held in Plaintiff's backyard with the intent of disrupting it; (3) trespassed on Plaintiff's property and removed ornamental plants; (4) sprayed Plaintiff with a "substance with a foul smell" like urine while Plaintiff was seated in his backyard; and (5) on several other occasion, sprayed Plaintiff and his family with a garden hose while Plaintiff was seated in his backyard. (See Complaint, paragraphs 9-10, 12-16, 19, 21-22, and 24-26.) ...

Excerpt: ...ourt is not inclined to review the 33-page single-spaced agreement to determine whether the Complaint is sufficient, particularly if the parties only refer to its contents generally. Defendants' assertion that Plaintiff was required to recite the terms of the agreement verbatim or attach a copy of the sublease agreement is rejected. Plaintiff is only required to allege facts describing the legal effect of the subject agreement. See Miles v. Deuts...

Excerpt: ...ice to the opposing party is shown. See Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428; and Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 486-488. Defendant has not demonstrated that it is likely to sustain any undue prejudice if the proposed Second Amended Complaint is allowed. Defendant instead attempted to argue that Plaintiff's claims are not supported by evidence disclosed in discovery that it provided Plaintiff'...

Excerpt: ...earn v. Trader Joe's Co. (2018) 20 Cal.App.5th 989, 996.) The court GRANTS the requests of Wells Fargo for judicial notice of the federal court order of 6/19/19 (RJN , Exh 5), the bankruptcy court order of (RJN Exh 29), and the 7/10/18 dismissal of the bankruptcy case (RJN Exh 31.) The other RJNs are not relevant to this order. Defendant Smith isthe former owner of record of a single-family residence (the "Property"). Defendant Robinson was marri...

Excerpt: ...s as "naturally occurring." The Court will not approve a settlement that allows such deductions unless the moving party shows, with evidence, that each allowance is based on accurate measurements of amounts of lead unavoidably found in low-lead sources of that ingredient. The supporting papers also provide no evidence from which the Court can determine the scale of unwarned exposures, such as the number of servings sold within California over a r...

Excerpt: ... with Defendant's contention that form interrogatory no. 2.7 should not have been propounded in view of the nature of the case. 2. Plaintiffs' motion to compel Defendant to serve a further response to form interrogatory no. 3.7 is denied. The Court agrees with Defendant's contention that form interrogatory no. 3.7 should not have been propounded in view of the nature of the case. The Court is familiar with the facts and issues in this case. Plain...

Excerpt: ...eg injuries that he had suffered earlier. Plaintiff's claim against PG, therefore, is essentially one for professional negligence. In a medical malpractice case such as this one, when a defendant moving for summary judgment supports its motion with an expert declaration that its conduct fell within the applicable standard of care, the motion must be granted unless the plaintiff comes forward with conflicting expert evidence. (See, e.g., Hanson v....

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: ...only Defendant Anil Sikka in the original Complaint. On September 24, 2020, Plaintiffs filed the operative First Amended Complaint prior to Defendant filing his Answer. Plaintiffs added Defendant Prime Properties (USA), Inc. to the First Amended Complaint. Plaintiffs also asserted a separate breach of contract cause of action against Prime Properties (USA), Inc., as well as claims that Defendant Sikka is liable for the breach of Prime Properties ...

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: ... conclusory grounds for striking the sections of the complaint. Second, as to the request to strike the prayer for punitive damages and injunctive relief the court finds that the allegations in the complaint support a claim for punitive damages given the allegations that Defendant's practice is to confuse tenants and circumvent tenant protections by sending an "explanation letter" that does not comply with Civil Code section 1950.5 and improperly...

Excerpt: ...hat actually occurred. The Court can take judicial notice of statements made by Plaintiff in the prior civil harassment proceedings, but it cannot take judicial notice of the truth of any of those statements. (See, e.g., Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McMort (2001) 91 Cal.App.4th 875, 885-887 and the cases cited therein.) Defendant's motion to strike Plaintiff's Third and Fourth Causes of Action in their entirety is DENI...

Excerpt: ...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.) "There is a triable issue of material fact if, an...

Excerpt: ...t, as well as to Plaintiff's claim for punitive damages. Defendants' motion is GRANTED as to Plaintiff's First Cause of Action for Disability Discrimination. In order to establish a prima facie case of disability discrimination, Plaintiff must show (1) that he suffers from a disability, (2) he is capable of performing the essential functions of his job with or without a reasonable accommodation; and (3) he was subjected to an adverse employment a...

Excerpt: ...ng to the Alternative Writ Petition, Petitioner was arrested on the evening of 8/11/2019 in Pacifica for suspicion of driving under the influence of alcohol. (AWP ¶ 3.) Subsequent chemical testing indicated that Petitioner's blood alcohol level was above the legal limit. (Id. at ¶ 6.) On 10/10/2019, Petitioner requested an administrative hearing, which was conducted on 8/26/2020. (Id. at ¶ 8.) On 10/27/2020, the DMV issued an Order of Suspensi...

Excerpt: ...r action she filed on December 27, 2021. However, there are no facts appearing on the face of the Complaint indicating that Yang's unlawful detainer complaint had any effect on Plaintiff's decision to vacate the premises (nor, for that matter, does the Complaint contain any allegations indicating that Plaintiffs were even aware of the unlawful detainer complaint or or any prior 3 day notice to quit when they vacated the premises on December 31, 2...

Excerpt: ...ons of the proposed Third Amended Complaint reveals (at least) the following differences in the pleadings. First, Exhibit E contains a Second Cause of Action for Battery; Exhibit F does not. Second, the paragraph numbering from paragraph 30 onwards is significantly different. Third, the cause of action for Violation of PAGA (which is the Thirteenth Cause of Action in Exhibit E and the Twelfth Cause of Action in Exhibit F) contain different text, ...

Excerpt: [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 5, 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 tentative ruling must lis...

Excerpt: ...T PREJUDICE Plaintiff's Motion to Compel Further Responses to Plaintiff's RFPDs. The Joint Statement submitted on or about 4/21/2021 indicates that on 4/9/2021 each of Defendants served Amended Responses to the RFPDs. These Amended Responses do not appear to be in the record, and no separate statement has been submitted regarding the Amended Responses and their alleged deficiencies. The Court notes that if fails to see any problem with Amended Re...

Excerpt: ...Theradome, Inc.'s ("Theradome") (Hamid and Theradome are, collectively, "Defendants") Motion for Summary Judgment ("MSJ") is DENIED. Defendants' alternative Motion for Summary Adjudication ("MSA") is GRANTED IN PART and DENIED IN PART. LAW RE: MSJ AND MSA "A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding." (CCP § 437c(a)(1).) "...

Excerpt: ...laintiff's argument that the response served by Defendant on November 24, 2020 does not comply with the requirements set forth in CCP § 2030.220(a). Although not completely deficient, the Court agrees that Defendant should have provided more facts than the few given in its response. However, the Court does not grant the motion as to interrogatory no. 10 in full because the use of the term "RELATED TO YOUR contention" is vague, ambiguous and inde...

Excerpt: ...nce the May 10, 2017 accident. The scope of the examination was also based on Plaintiff's representation that she would not be making a claim for mental and emotional distress above and beyond that usually associated with her physical injuries. See CCP § 2032.320((c)(1). As indicated by Defendant in great detail, Plaintiff appeared to disclaim the representations made by counsel prior to Dr. Strassburg's examination after he completed the examin...

Excerpt: ... Defendant's business originates from individuals and businesses in Louisiana, customers throughout the United States can make orders on the company's website and have the orders shipped to them. Defendant has made sales to customers in California over the years. Approximately six percent (6%) of Defendant's nationwide Internet sales are made to California customers. In 2017, Defendant made $174.00 in sales through its Internet website. In 2018, ...

Excerpt: ...k, 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. LAW RE: WRITS OF MANDATE "Section 1094.5 of the Code of Civil Procedure governs judicial review by administrative mandate of any final decision or order rendered by an administrative agency. ...

Excerpt: ... ("Plaintiff"). The Court ORDERS that no later than Friday, June 4, 2021, Plaintiff shall serve Defendant with full and complete verified Further Responses to Defendants First Sets of Form Interrogatories Nos. 7.1(b) and (c), 7.2, 7.3, 12.3, 12.4, 12.7 and 14.1 and to Defendants' First Set of Special Interrogatories Nos. 3, 7, 9-41, and 43- 45 without objections. (See Moving Separate Statement.) The Court further ORDERS Plaintiff to pay a monetar...

Excerpt: ... 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 is entitled to a judgment as a matter of law." (Code of Civil Procedure ["CCP"] § 437c(c).) When a cross-complainant moves for summary adjudication, it is the cro...

Excerpt: ...cause of action for breach of contract as alleged in the Complaint is on its face time-barred based on the 12/20/2019 date of filing of the Complaint in this action pursuant to CCP § 337. Plaintiff may file and serve an Amended Complaint no later than Friday, May 28,2021, if Plaintiff can truthfully plead facts showing that his breach of contract claim is not time-barred. This tentative ruling will automatically become the Court's final order on...