Excerpt: ... is based in Hong Kong, but it has an office in Menlo Park, California. Defendant Mobile Gaming Technologies, Inc. is a Delaware corporation with its principal place of business in Oakland, California. Fred Hsu is a member of the Board of Directors of Mobile Gaming. Michael Reaves is a founder of Mobile Gaming; he is the company's former Chief Executive Officer and a member of the Board of Directors. George Weinberg, a board members, took over De...

Excerpt: ...he demurrer sufficiently demonstrates that Plaintiff's amended complaint, filed on August 19, 2019, does not state facts sufficient to constitute a cause of action and is uncertain, including for the following reasons: First, a complaint must contain "a statement of the facts constituting the cause of action, in ordinary and concise language." (CCP § 425.10(a)(1).) This is not satisfied by merely checking boxes on a Judicial Council form complai...

Excerpt: ...after reassigned to Department 518 after the parties filed a Notice of Related Case. An earlier Complaint filed by Rex Moore Group, Inc. against Northstar General, Inc. and Green Earth Greens Company was assigned to Department 518. On November 17, 2016, the Court granted the unopposed Motion of Northstar General, Inc. to consolidate the two actions for all purposes. The case is currently set for trial on December 2, 2019. In the operative First A...

Excerpt: ...857776, pursuant to Evid.C.§452(d)(1), is GRANTED. Plaintiff's Request for Judicial Notice of Defendant FLRish Retail Managements' Fourth Amended Response to Form Interrogatories - Employment, in Sandy Torres v. FLRish Retail Management and Security Services, LLC et al., RG17857776, pursuant to Evid.C.§452(d)(1), is DENIED. LEGAL STANDARD ON SUMMARY ADJUDICATION A party may move for summary adjudication as to one or more causes of action within...

Excerpt: ...681b(b)(2)(A).) The TAC also alleges that Moore began working for UPS on November 22, 2017. On her third day, November 24, 2017, Moore resigned in protest of inappropriate comments by her supervisor during training. She was not paid her final wages until mid-January 2018. The TAC alleges that the delay of more than a month in payment of Moore's final wages entitle her to civil penalties under California's "waiting time" laws, Labor Code sections ...

Excerpt: ...over his costs of proving the matters that are the subject of those Requests for Admissions unless, inter alia, Plaintiffs establish that (1) the admissions sought were of no substantial importance; (2) Plaintiffs had reasonable ground to belief they would prevail on the matter; or (3) there was other good cause for Plaintiffs' failure to admit those Requests for Admission. (See Code of Civil Procedure section 2033.420(b).) The Court determines t...

Excerpt: ...al enforcers, Paradigm Holdings, LLC and Steven F. Hotze, M.D.; or (2) within 90 days of service of notice of entry of this order, as modified for method of service under Code of Civil Procedure section 1013. The FAC must also be appropriately served. This Order takes into account the statutory notice requirements necessary for Proposition 65 cases. "Any judge, at any time before or after commencement of trial, in the furtherance of justice, and ...

Excerpt: ...MM's subpoena, they suspected that J-MM had limited its request to specific job or jobs that it knew did not involve asbestos-containing pipe products. Plaintiffs served their own subpoena on WVWD shortly thereafter seeking all documents regarding WVWD's relationship with J-MM and documents regarding asbestos pipe. WVWD has indicated that its response will include roughly 200,000 documents. The Court starts by noting that trial dates are firm and...

Excerpt: ...ll parties and their counsel must regard the date set for trial as certain."]; CRC, Rule 3.1322(c) ["[C]ontinuances of trials are disfavored[.]"].) Among other things, Defendants/Cross-Complainants have not demonstrated to the Court's satisfaction that they have been unable, or will be unable, despite diligent efforts, to complete essential discovery prior to the cutoff date or to prepare for trial. (See CRC, Rule 3.1322(c)(6), (7).) Defendants/C...

Excerpt: ...rty thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) the right to compel arbitration has been waived by the petitioner; or (b) grounds exist for the revocation of the agreement." (CCP § 1281.2; see also CCP § 1281.7; 9 USC §§ 1 et. seq.) Here, Plaintiff filed ...

Excerpt: ... is not seeking early or unilateral disclosure of experts. The expert disclosure statutes do not forbid a party from deposing an expert before disclosures are served and the Court will not bar such depositions if they are likely to lead to discoverable information. Even if the witnesses were not designated experts, CertainTeed would be permitted to depose them as the only two fact witnesses who know what happened to certain asbestos-containing ce...

Excerpt: ... report in the "Coker case" (Requests Nos. 60 and 71); and (2) documents reflecting any money contributed to Brown University by JJ or JJC since 2017, and any communications between JJ or JJC and Brown University regarding Dr. David Egilman (Requests Nos. 85-86 and 96-97). As to the Blount report, the documents submitted with Plaintiff's moving papers (particularly Exhibits 9 and 11 to the declaration of Ian Rivamonte) indicate that the Blount re...

Excerpt: ...December 14, 2017, the Court sustained Defendants' Demurrers to the Complaint with leave to amend. Plaintiff thereafter filed its First Amended Complaint on January 4, 2018. Defendants filed Demurrers to the First Amended Complaint. On July 2, 2018, the Court sustained Defendants' Demurrers to the First Amended Complaint with leave to amend. The Court subsequently dismissed Plaintiff's First Amended Complaint against Defendant IQVIA (formerly kno...

Excerpt: ...Judgment in favor of Defendant on August 8, 2019. Defendant filed and served its memorandum of costs on August 13, 2019. Plaintiff filed his timely Motion to Strike and/or Tax Costs on August 28, 2019. The hearing is continued because Plaintiff's main contention in support of his motion is that Defendant incurred unnecessary expenses in having subpoenas served for various medical and/or employment records. Plaintiff also contends that Defendant d...

Excerpt: ...f the litigation rather than merely convenient or beneficial to its preparation. Allowable costs "shall be reasonable in amount." Costs that are not mentioned in section 1033.5 "may be allowed or denied in the court's discretion." (CCP §1033.5(c)(1) - (3).) As set forth below, the motion is granted as to $5,969.50 in costs, as set forth below. The motion is GRANTED as to $390 in CourtCall costs under items 1(d), (e), (h), and (j). Court Call cos...

Excerpt: ...to file a late claim to the City of Oakland on 5/17/19. (Petition, Exh.B.) The City denied the application on 6/4/19. (Petition, Exh.C.) On 8/13/19, Petitioner timely filed this Petition for relief from the claim presentation requirement under Gov.C.§946.6(b), claiming excusable neglect. If an application for leave to present a claim is denied, a petition may be made to the court for an order relieving the petitioner from Section 945.4. (Gov't C...

Excerpt: ... or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order." (CCP § 1008(a).) "The party making the application shall state by affidavit w...

Excerpt: ...ny previous 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 inferred from those...

Excerpt: ...asement over those 23.02 acres identified in the map attached as Exhibit 3." (Consent J. ¶ 2.) Tong Defendants were also required to retain fee ownership of the parcel, provide an endowment to fund "perpetual management, maintenance, and monitoring (such as perimeter fencing, site security, vegetation management, etc.)." (Ibid.) The Consent Judgment provides that the conservation easement must "meet all legal requirements, including, inter alia,...

Excerpt: ...is may concern: "This letter is in response to a summons from Bank of America that I received on February 11, 2019 in which Bank of America is demanding my self (Marianop Cazares) to have to pay the amount of $5,710.53 plus interest. "Currently I have been working with Freedom Debt Relief for over 15 months to have this amount paid outside the court. I am in the best position to have this resolved in a manner that would benefit both parties. The ...

Excerpt: ...ff alleges in her First Amended Complaint ("FAC") that she served as the Chief of Staff of Dr. John Stobo, Executive Vice President of UC Health, from 2015 until March 2018. Prior to that period, Plaintiff was the Budget Coordinator and Director of Finance for UC Health. UC Health is part of the Office of the President. Plaintiff claims that she was constructively discharged in when she elected early retirement, shortly after taking a medical lea...

Excerpt: ...ty from Tolia in 1998, and then decided not to record the Grant Deed with the County Recorder or notify the mortgage lender, Wells Fargo Bank. Cross-Complainant Rost twice amended his Cross-Complaint under threat of a Demurrer by counsel for Cross-Defendant. The Second Amended Cross- Complaint was filed on April 10, 2019. Cross-Complainant alleges in paragraph 2 of the Second Amended Cross-Complaint that he and Cross-Defendant created a de factor...

Excerpt: ...ng the resolution of this action, is ruled upon as follows: The motion for an order to conduct an inspection and appraisal of the property pursuant to Code of Civil Procedure section 742 is GRANTED. Plaintiff has shown good cause to enter the building to determine the current status of the property and to facilitate an application for a refinance loan in order to prevent foreclosure of the property, and also to inspect the grounds and common area...

Excerpt: ....) "[T]rial courts have broad discretion to determine the order of proof in the interests of judicial economy." (Grappo v. Coventry Financial Corp. (1991) 235 Cal.App.3d 496, 504.) "The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial . . . of any . . . issues . . . ." (CCP § 1048(b).) The "court may, when the convenience of witnesses, the ...

Excerpt: ...alth & Safety Code section 25249.6; (C) the reimbursement for fees and costs to be paid to Plaintiff's counsel pursuant to the CJ is reasonable under California law; (D) the civil penalty of $5,000.00 to be paid pursuant to the CJ is reasonable based on the criteria set forth in Health & Safety Code section 25249.7(b); and (E) and the allocation of any additional settlement payments to Plaintiff is in the public interest as set forth in Code of R...