Excerpt: ...emedies Act (CLRA) (Civ. Code, § 1750 et seq.). In particular, Plaintiff's Third Amended Complaint ("TAC") alleges that the label for Rite Aid's "Infants' Fever Reducer & Pain Reliever" ("Infants' Product") is designed to create a false impression that the higher-priced Infants' Product is specially formulated for infants and pharmacologically distinct from Rite Aid's "Children's Fever Reducer & Pain Reliever" ("Children's Product"), when in fac...

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 v....

Excerpt: ... than 4:00 PM on Friday, July 16, 2021, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any requested hearing will most likely be conducted on Monday July 19, 2021 at 3 p.m. using the Blue Jeans Network, password # 5102676935. If a hearing is requested, the Court provide appropriate invitaitons. If not timely contested, and the tentative ruling will beco...

Excerpt: ...Rey (2014) 223 Cal.App.4th 221, 236.) Defendants shall file and serve an Answer to the Complaint no later than Friday, August 6, 2021. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Friday, July 16, 2021, 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 Jean...

Excerpt: ...utter Guide: Civil Procedure Before Trial at § 9:38, citing CCP § 1010; CRC Rule 3.1110(a) and People v. American Sur. Ins. Co. (1999) 75 Cal.App.4th 719, 726.) Defendant's Notice of Motion fails this basic prerequisite of Motion Practice. The Notice states that pursuant to CCP § 128, Defendant is seeking an order "limiting the class scope within Plantiff's First Amended Complaint." The Notice nowhere states how exactly the class scope should ...

Excerpt: ...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 motion for summary a...

Excerpt: ...n ("Decedent") while at work at the Department of Industrial Relations, Division of Worker's Compensation. The complaint alleges that the decedent's suspicious death was related to the work she performed for her employer, the California Department of Industrial Relations. (Complaint at ¶10-23, 28-37.) Defendants' demurrer to the Complaint on the grounds that the workers compensation system provides Plaintiff with the exclusive remedy for recover...

Excerpt: ...two of the four causes of action in WM's First Amended Complaint. The Court rejects EMBUD's argument that the discovery at issue is either burdensome or oppressive. A party seeking relief from discovery based on burden must submit evidence showing the quantum of work required to respond to the discovery, and a party seeking relief based on oppression must show an intent to create an unreasonable burden or that the effect of the burden is incommen...

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 v....

Excerpt: ...RDS FOR SUMMARY JUDGMENT/SUMMARY ADJUDICATION "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).) "[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. (20...

Excerpt: ...dication 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 defendants either o...

Excerpt: ...rding whether Richard O'Farrell ("Mr. O'Farrell") was exposed to Defendant's asbestos-containing joint compound in 1976. If any party wishes to contest the tentative ruling, no later than 4:00 PM ONE on Thursday, July 15, 2021, 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 Co...

Excerpt: ... Longhigh also paid Kontech $90,000.00 for shares of Kontech's common stock to become a 40% shareholder of Kontech. In a December 2016 shareholder meeting, Kontech proposed that the loan be converted into new shares of Kontech. Plaintiff claims to have rejected that proposal. Longhigh claims that it later discovered Kontech cancelled the debt owed on the loan without Longhigh's knowledge or consent. When Longhigh made demands for repayment of the...

Excerpt: ...n Defendants' memorandum of points and authorities and the declarations of Gina Teafatiller, James Bittick, and Lawrence Joseph. The Court has no record that Defendants filed a declaration by James Bittick in support of this motion on August 24, 2020 or thereafter, and Defendants have never provided provide Department 520 with a courtesy copy of Bittick's declaration (or indeed any of their other moving papers filed August 24, 2020, as required b...

Excerpt: ...r and to steal her properties. Defendants naturally deny all of Plaintiff's claims. Defendants assert that Plaintiff's properties were sold at foreclosure because she defaulted on her loan payments. Defendant has met his burden of establishing that the bank records that Plaintiff sought to obtain through her service of the deposition subpoena to Provident Credit Union are protected by his constitutional right of privacy. See Fortunato v. Superior...

Excerpt: ... Mohammed Ahmad. The operative Complaint is the Second Amended Complaint filed on March 8, 2018. The Court made rulings on two demurrers filed by Defendant to the First Amended Complaint and Second Amended Complaint. Plaintiff's daughter, 19-year-old Rusamie "Ashly" Phong Phoumy ("Ashly") was killed with a knife by Defendant's half-brother, Abdol Ali Omar, on the morning of November 30, 2014, at Defendant's business, Oakland Market. Plaintiffs as...

Excerpt: ...jections to the Glickstein declaration are OVERRULED. At deposition, Glickstein stated he did not recall the events relevant to this case. PX 2, pp 33-34, 54.) In his declaration, Glickstein states he recalls the events relevant to this case. "It is well-established that "a party cannot create an issue of fact by a declaration which contradicts his prior discovery responses. ... Where a declaration submitted in opposition to a motion for summary ...

Excerpt: ...HOUT LEAVE TO AMEND. Petitioner challenges the City of Oakland's issuance of Certificates of Compliance for Alameda County Assessor Parcel Nos. 019-0102-004-00, 024-0697-007-15, 025- 0701-011-00 and 025-0707-014-02 ("Subject Parcels"). The Certificates were issued during the time that the parcels were the property of the Chapter 11 Bankruptcy Estate. Petitioner alleges in the petition that he is a resident of the County of Alameda and "was also a...

Excerpt: ...ol during school hours. Plaintiff alleges that Defendant improperly called the police and reported that Plaintiff would not leave the Elementary school campus. (Complaint at 18-23) Plaintiff was arrested for violation of a court order by the police, off campus. Defendant then later sent an email to other individuals at the Livermore Valley Joint Unified School District stating that Plaintiff had broken a court order and was asked to leave "multip...

Excerpt: ...e. An earlier trial date had been vacated due to the partial closure of the Alameda County Superior Court due to the Covid-19 state of emergency. Plaintiff alleges in the underlying case that individuals that she trusted to help her run her law office defrauded her over the course of years and destroyed her practice. Plaintiff alleges in this action that attorney Jacobson failed to represent her competently in the underlying case and also billed ...

Excerpt: ...presented 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, July 14, 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 list the case name and number, and the email must identify the r...

Excerpt: ...nters. The Court further ORDERS to the parties to communicate with the Clerk of Dept. 19 as part of the meet and confer process to find dates on which the Judge deposition may be conducted in Dept. 19's jury room so that the Court may rule on objections. The Court advises the parties to agree upon multiple dates in order to ensure the availability of Dept. 19's jury room on one of them. Dept. 19's jury room is typically available at and after 2:0...

Excerpt: ... Complaint's Declaratory Relief Cause of Action. After hearing on 2/24/2021, the Court entered an Order on 4/19/2021 granting Defendant's MSA as to the other Causes of Action but requesting further briefing on the Declaratory Relief Cause of Action. (See 4/19/2021 Order at 28:9-33:3.) The Court incorporates by reference the 4/19/2021 Order, which contains a detailed statement of stipulated facts and related rulings regarding the Complaint's other...

Excerpt: ... Further, Plaintiffs submits evidence that the Settlement Agreement and the Class Notice have been revised as requested by the Court IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Tuesday, July 13, 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 Ne...

Excerpt: ...58 are related and the latter two cases shall be reassigned to Department 514. Christopher L. Nida's motion to intervene in Case Nos. RG20- 007626 is denied but the court would entertain a motion or stipulation to consolidate the actions arising from the October 14, 2018 accident. C.C.P. section 377.60(b) allows the parent of a decedent to sue for wrongful death if the parent was dependent on the decedent and regardless of whether the decedent ha...