Excerpt: ...t property was suitable for renovation but failed to determine that the living space above the garage was not legally permitted, which materially affected the condition of the real property. (See Complaint, paragraphs 66-68 and 71-74.) Plaintiff's Complaint alleges four causes of action against Excel, for breach of fiduciary duty; vicarious liability; negligent hiring, retention, and supervision; and negligence. Although those causes of action ap...

Excerpt: ... Oakland was negligent in that the crosswalk was unsafe and lacked pedestrian safety beacons. The Complaint in this matter was filed on January 18, 2019, naming as Defendants the City of Oakland and Jimenez (among others). The Parties engaged in discovery, including taking the deposition of Jimenez. (Decl. of Martin Zurada, paras. 3, 4.) Plaintiff determined that Jimenez's insurance policy limit was $525,000, and that Jimenez had no significant a...

Excerpt: ... 2018 (the "Protective Order"). Defendant now seeks an order from the Court: (1) affirming that Defendant properly designated the names of its third-party suppliers, vendors, and/or manufacturers, which are trade secrets, as confidential under the Protective Order; (2) limiting the use of trade secret information to the resolution of Plaintiff's claims against Defendant in this matter; and (3) confirming that Plaintiff may only use/disseminate th...

Excerpt: ...or 9/25 CMC. STANDARD OF LAW "In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference." (CCP § 36(d).) MOTION FOR P...

Excerpt: ... notice[.]" (CCP § 877.6(a).) "A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault." (CCP § 877.6(c).) To determine whether a settlement is entered into in good faith, the Court...

Excerpt: ...l. 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 pleading against a demurrer the facts alleged in the p...

Excerpt: ...pedited and narrowly focused discovery on the issue of whether this Court has personal jurisdiction over H&V. No later than the close of business on Friday, October 2, 2020, Plaintiffs may serve by electronic transmission Requests for Production of Documents and/or a Notice of Deposition of H&V's Person Most Qualified ("PMQ") (CCP § 2025.230) with respect to information and documents tending to show whether the State of California has specific p...

Excerpt: ...f the previous rulings in the 2009 Action on the two breach of fiduciary duty claims and the constructive trust claim which involve in part events that took place in 2019. STANDARD OF LAW "A party may move for judgment on the pleadings." (CCP § 438(b)(1).) A motion for judgment on the pleadings may be brought by a plaintiff if "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer do...

Excerpt: ...Cause of action against Sireesha Kondragunta, Harini Pillarisetty, SeaNet RWC, LLC, SeaNetPV LLC, Lobstar Venture, LLC and the Fifth Cause of Action as to Defendants Kishore Kondragunta, Sridhar Pillarisetty. Defendants' Kishore Kondragunta, Sridhar Pillarisetty demurrer to the First Cause of Action, Fourth Cause of Action, Seventh Cause of Action, Ninth Cause of Action and Eleventh Cause of Action are OVERRULED. A general demurrer tests the suff...

Excerpt: ...e 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 pleading against a demurrer the facts alleged in the pleading are deemed to be true, however improbable they may be." (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Courts "give the complaint a reasonable ...

Excerpt: ... of taping her catheter. (Compl., p. 5:12-14.) Thereafter, Plaintiff alleges she told several hospital employees about the alleged assault, but none of them took any action, including but not limited to giving Plaintiff a rape exam. (Compl., p. 11:13-22.) These other hospital employees who are named as Defendants are: Rohini Erik Noronha, M.D. who is identified as the "hospitalist physician" (Compl.p.8:10-13); Defendant Ruby Lantican who is ident...

Excerpt: ...motion for judgment on the pleadings may be brought by a plaintiff if "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (CCP § 438(c)(1)(A).) A defendant may make such a motion only if "either of the following conditions exist: (i) [t]he court has no jurisdiction of the subject of the cause of action alle...

Excerpt: ...ginal trial date set in this action of January 17, 2020. Code of Civil Procedure section 437c(c) states that a motion for summary judgment or adjudication "shall be heard no later than 30 days before the date of trial, unless the court for good cause orders otherwise." (CCP § 437c(a)(3).) The current trial date is set to commence on October 16, 2020. This Motion was filed May 29, 2020. "[T]he 30-day time limit on summary judgment hearings should...

Excerpt: ...cated at 328 Lenox Avenue, Oakland. Beacon produced responsive documents, but they were redacted. Beacon indicated that the documents were redacted to remove private financial information and information not related to the subject real property. In his declaration filed August 6, 2020, at paragraphs 6a - 6tt, defense counsel James Patrick explains the basis for each redaction as to each document produced by Beacon, identified by bates number. Bas...

Excerpt: ...well as the requested, responsive documents to Request Nos. 32-33 and 35-39. Plaintiff's Request for Sanctions is GRANTED IN PART. IT IS ORDERED THAT sanctions in the amount of $3,560.00 is payable by Defendants to Plaintiff no later than thirty (30) days from the date of this Order. On January 2, 2020, Plaintiff served Requests for Production of Documents, Set One, on Defendants. The requests sought documents regarding Plaintiff's compensatory d...

Excerpt: ...posing a "vague mental exam without any advance protections," is without basis. Dr. Filoteo has outlined in some detail the topics of his interview of Plaintiff and the tests he intends to administer during the examination that will not last longer than eight (8) hours. Plaintiff's request that he be accompanied by his attorney during the examination is denied. See CCP § 2032.530(b); and Golfland Entertainment Centers, Inc. v. Superior Court (20...

Excerpt: ...vice award of $10,000 for the class representative, a net PAGA payment of $30,000, and settlement administration costs of $8,500. After these expenses, the class would get $186,500. The average payout per class members would be $402. There were 8,053 allegedly inaccurate wage statements. This is $48.50 gross and $23.15 net per allegedly inaccurate wage statement The proposed class notice form and procedure are adequate. The proposed class is appr...

Excerpt: ... In 2018, Plaintiffs applied for a loan modification with Ocwen and were approved for a Trial Payment Plan ("TPP"). Plaintiffs allege they made all payments required under the TPP. After the successful completion of the TPP, Ocwen sent Plaintiffs a permanent Loan Modification Agreement ("LMA") which Plaintiffs signed and returned to Ocwen, on two separate occasions. (See Complaint, paragraphs 20-23 and 26.) However, Ocwen thereafter claimed it th...

Excerpt: ...Code of Civil Procedure section 430.41(a)(4).) The demurrer to the First Cause of Action for Fraud is SUSTAINED, WITH LEAVE TO AMEND. A fraud claim must be pled with particularity, including how, when, where, and by what means the misrepresentations were tendered. (See, e.g., Cansino v. Bank of America (2014) 224 Cal.App.4th 1462, 1469.) Here, Plaintiff alleges that in August 2016, Defendant M. Subhani made some rather vague representations that ...

Excerpt: ... granted overweight vehicle permit applications for trucks with two tires per axle, rather than four. (See, e.g., First Amended Complaint, paragraph 16 and Prayer for Relief, paragraph 2.) City Ordinance 11568, § 2 at page 2, provides that the City Chief of Police or his/her designee has the authority to issue or withhold permits for overweight vehicles for good cause, which includes a determination by the Chief of Police or his/her designee tha...

Excerpt: ...han the date for filing an opposition to the demurrer or motion to strike." (CCP § 472.) "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading[.]" (CCP § 473(a)(1).) "[T]rial courts are to liberally permit such amendments, at any stage of the proceeding[.]" (Hirsa v. Superior Court (1981) 118 Cal. App. 3d 486, 488-89.) A court's discretion is usually exercised liberally to permit amend...

Excerpt: ...shall grant if the court makes both of the following findings: (1) [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." (F...

Excerpt: ...g party is statutorily authorized to recover his or her attorney's fees from the losing party, the lodestar method is the primary method for establishing the amount of recoverable fees." (Glaviano v. Sacramento City Unified Sch. Dist. (2018) 22 Cal. App. 5th 744, 750- 51.) "Under the lodestar method, the trial court must first determine the lodestar figure-the reasonable hours spent multiplied by the reasonable hourly rate-based on a careful comp...

Excerpt: ...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 owed or did n...

Excerpt: ...uses of Action sounding at least in part in gender discrimination. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, September 22, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 p.m. on Friday, September 18, 2020 contesting party must email [email protected] and provide notice to all counsel of the intent to contest the...

Excerpt: ...t 9:00 a.m. in Dept. 19 via Bluejeans video conference. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM on Tuesday September 22, 2020, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. The clerk will email a video invitation. If not timely contested, and the tentative ruling will become the final order of the Court. Pursuant to C...

Excerpt: ...it." (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047, citing Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) This policy is so strong that it is held to be "an abuse of discretion to deny leave to amend where the opposing party was not misled or prejudiced by the amendment." (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761.) Prejudice exists where the amendment would require delaying the trial, would result in los...

Excerpt: ...laintiff served the discovery requests at issue in this Motion on July 25, 2019. Plaintiffs request production of documents related to Defendant's policies and practices. In addition, Plaintiffs sought the contact information of other nonexempt employees; their job positions and information regarding Defendant's corporate structure. The Parties participated in an Informal Discovery Conference ("IDC") on July 14 and 16. The Court cited to Williams...

Excerpt: ...t 9:00 a.m. in Dept. 19 via Bluejeans video conference. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM on Tuesday September 22, 2020, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. The clerk will email a video invitation. If not timely contested, and the tentative ruling will become the final order of the Court. Pursuant to C...

Excerpt: ...o merit or that there is no defense to the action or proceeding." (CCP § 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...

Excerpt: ... this instance. Although the Court ordered the parties to comply with their meet-and-confer obligations in its order of July 30, 2020, counsel simply filed a three-page "stipulation" on August 20, 2020 indicating that they had complied for the pending motion of Defendants for judgment on the pleadings as to Plaintiff's Complaint and the demurrer and motion to strike filed by Cross-Defendant to the Cross-Complaint. The obligation of parties to mak...

Excerpt: ...o (the "UC Defendants") also move to strike language from the FAC seeking injunctive relief and an award of attorney's fees. Martin opposes both demurrers and the motion to strike. For the reasons discussed below, USA Cheer's demurrer is SUSTAINED WITHOUT LEAVE TO AMEND and USA Cheer is DISMISSED. UC Defendants' demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the FAC's second and fourth counts and otherwise OVERRULED. UC Defendants' motion to ...

Excerpt: ...t 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 pleading against a demurrer the facts alleged in the pleading are deemed to be true, ...

Excerpt: ... of taping her catheter. (Compl., p. 5:12-14.) Thereafter, Plaintiff alleges she told several hospital employees about the alleged assault, but none of them took any action, including but not limited to giving Plaintiff a rape exam. (Compl., p. 11:13-22.) These other hospital employees who are named as Defendants are: Rohini Erik Noronha, M.D. who is identified as the "hospitalist physician" (Compl.p.8:10-13); Defendant Ruby Lantican who is ident...

Excerpt: ...ins with the observation that this is a pleading challenge and that all properly pled facts must be accepted as true even if they appear to be implausible. See Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-967. The Court must take into consideration only facts that appear in the Complaint and those that must be judicially noticed. See CCP § 438(d). Plaintiff filed his Complaint on October 11, 2019. The Complaint includes eighteen (18) ...

Excerpt: ...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 burden of production to make a prima facie showing of the nonexistence of any triable issue of...

Excerpt: ...CKEN. The Court shall sign and enter Government Defendants' [Proposed] Order. STANDARD OF LAW "Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof[.]" (CCP § 435(b)(1).) "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[;] . . ...

Excerpt: ...to the parties from issuance or non-issuance of the injunction. The court's determination is guided by a mix of the potential merit and interim harm factors. (Butt v. State of California (1992) 4 Cal.4th 668, 677-78.) "The general purpose of such an injunction is the preservation of the status quo until a final determination of the merits of the action." (Continental Baking Co. v. Katz (1968) 68 Cal. 2d 512, 528.) Thus, the court is to examine al...

Excerpt: ...ed by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection ...

Excerpt: ...lose Defendant's intent to apply the opposition to all three motions. Defendant shall comply with all applicable Rules of Court and the Code of Civil Procedure in all future filings. STANDARD OF LAW "When an application for an order has been made to a judge, or to a court, and . . . granted . . . 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...

Excerpt: ...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 expressly pleaded and matters of which judicial notice has been taken." (Id.) "As a g...

Excerpt: ...t GRANTS Defendant's Motion for Summary Adjudication of Plaintiff's claim for punitive damages. Plaintiffs' discovery responses are "factually devoid" on the issue of punitive damages, and Plaintiffs fail to present affirmative evidence upon which a reasonable jury could find by clear and convincing evidence Defendant's malice, oppression or fraud towards Mr. Reyes. LEGAL STANDARDS FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION MOTIONS "A party ma...

Excerpt: ...reference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole[;] [and] (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation tha...

Excerpt: ...wder that was allegedly contaminated with asbestos. Mr. Reyes has been diagnosed with mesothelioma. The Complaint of plaintiffs filed 1/29/20 asserts claims of (1) strict liability, (2) negligence, and (3) fraud, with the fraud claim subdivided into (a) fraudulent misrepresentation, (b) fraudulent concealment, (c) conspiracy to commit fraudulent misrepresentation, and (d) conspiracy to commit fraudulent concealment. The complaint also states a pr...

Excerpt: ... the LDWA under PAGA. On 5/12/14, plaintiff Gossette filed the First Amended Complaint, which added claims on behalf of the LDWA under PAGA. On 12/12/14, plaintiff Gossette filed the Second Amended Complaint, which added plaintiff Tafoya as a plaintiff on the class claims and on the PAGA claim. (2AC, para 136.) On 12/6/16, defendant filed a petition to coordinate. The case was stayed from 1/23/17 through 4/14/17 by agreement of the parties and or...

Excerpt: ...nsultant pathologist and a professor at the School of Medicine, Cardiff University. (Declaration of Richard L. Attanoos ["Attanoos Dec."] ¶ 2.) Dr. Attanoos states that not all mesotheliomas are caused by asbestos exposure, and some are naturally occurring. (Id. ¶¶ 12, 15.) He explains that researchers have reported genetic mutations to be associated with the development of mesothelioma, such as studies that have demonstrated the frequency of ...

Excerpt: ... notice of deposition and request for production of documents for the deposition of PGCRG's person-most-qualified ("PMQ") and custodian of records ("COR") to commence on June 22, 2020. PGCRG served objections to the deposition and to the various document requests on June 11, 2020. The parties dispute whether a dissolved corporation must provide a witness to sit for deposition in defending lawsuits. PGCRG was a California corporation that was diss...

Excerpt: ...OOT. This matter arises from a motor vehicle accident. The First Amended Complaint, filed on July 30, 2018, alleges a single cause of action for negligence against Defendant Express Messenger Systems, dba OnTrac ("OnTrac") and each of the above-named Defendants. On October 9, 2019, OnTrac filed a Cross-Complaint against the above-named Defendants, alleging causes of action for: 1) equitable indemnity; 2) contribution; 3) declaratory relief; and 4...

Excerpt: ...n or filed in conformity with the laws of this state, a court rule, or an order of the court." (CCP § 436.) An "irrelevant matter," or "immaterial allegation," means: (1) an allegation that is not essential to the statement of a claim or defense; (2) an allegation that is neither pertinent to nor supported by an otherwise sufficient claim or defense; or (3) a demand for judgment requesting relief not supported by the allegations of the complaint...

Excerpt: ...facts that go beyond those facts supporting his first cause of action for breach of contract. See CACI No. 325; and Digerati Holdings, LLC v. Young Money Entertainment, LLC (2011) 194 Cal.App.4th 873, 885 (gravamen of breach of implied covenant is different than gravamen for breach of contract). Defendant's demurrer to Plaintiff's third cause of action for conversion is SUSTAINED WITH LEAVE TO AMEND. Plaintiff's statement of a cause of action for...

Excerpt: ...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 consider all material f...

Excerpt: ...mily 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 con...

Excerpt: ... Defendant moves to strike the references to Government Code section 815.6 and to Article I, section 28 subd(c) (the California Safe Schools Act) in the FAC. First, Plaintiff concedes that the Safe Schools Act does not create a private right of action. Accordingly, the reference to Article I, section 28(c) is hereby STRICKEN from the FAC. Next, as to the reference to Government Code section 815.6 at page 4:24-25 in the FAC, the Court finds that t...

Excerpt: ...nded Complaint, paragraphs 30 and 32), but they did not file this action until more than eight years later, on November 13, 2019. In order to toll the statute of limitations based on delayed discovery, Plaintiffs would have to specifically plead facts demonstrating the time and manner of discovery of Defendant's alleged fraud and their inability to have made that discovery earlier despite reasonable diligence. (See Fox v. Ethicon Endo-Surgery Inc...

Excerpt: ...resent motion to disqualify under Rules of Professional Conduct, Rules Nos. 1.9, 1.10 and Code of Civil Procedure section 128(a)(5.) "A court's authority to disqualify a lawyer in a pending proceeding derives from its inherent power to regulate the conduct of court officers, including attorneys, in furtherance of the sound administration of justice." (City of San Diego v. Superior Court (2018) 30 Cal. App. 5th 457, 469.) Although the right to cou...

Excerpt: ...all file and serve any amended complaint no later than 21 days from the date of this Order. As a threshold issue, the Court admonishes Defendants for failing to meet and confer with Plaintiff prior to filing this Motion as required under Code of Civil Procedure section 435.5(a)(2). Defendants shall comply with any applicable Rules of Court and the Code of Civil Procedure for any future filings or the Court may consider sanctions or decline to con...

Excerpt: ...contradict his deposition testimony that the Disclosure Notice Plaintiff produced in discovery is the same Disclosure Notice he viewed but admittedly did not actually read on 10/11/2016. The Court has reviewed each party's supplemental briefing submitted in late August and early September 2020. The new evidence shows that neither Defendant nor its third-party vendor HireRight, LLC possess screenshots that would contradict Plaintiff's deposition t...

Excerpt: ... action which (at the time of serving his answer to the complaint) he has against the plaintiff, such party may not thereafter in any other action assert against the plaintiff the related cause of action not pleaded." (CCP § 426.30(a).) "A party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or other cause, may apply to the court for leave to amend his ...

Excerpt: ... case. (See e.g., Clark v. American Residential Services LLC (2009) 175 Cal.App.4th 785, 804-807.) The Court requests that Plaintiff's declaration be filed with the Court and a courtesy copy sent by email to Dept. 19 at least five (5) court days before the continued 10/7/2020 hearing date. Except for Plaintiff's failure to submit a declaration evidencing her participation in the action as set forth above, the Court is inclined to grant the Motion...

Excerpt: ...) 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 pleading against a demurrer the facts alleged i...

Excerpt: ...perty for religious purposes, and that therefore the property taxes imposed on that real property by the County of Alameda are unconstitutional and they are exempt from paying the assessed taxes. Plaintiffs have an adequate remedy for any claim that they were improperly assessed real property taxes in the form of a tax refund action pursuant to Revenue & Taxation Code § 5140 et seq. Howard Jarvis Taxpayers Assn. v. City of La Habra (2001) 25 Cal...

Excerpt: ...ART WITH LEAVE TO AMEND and WITHOUT LEAVE TO AMEND as set forth in detail below. Defendant may file an amended pleading consistent with this Tentative Ruling no later than Friday, September 25, 2020. Plaintiff's and the Other Cross-Defendants' Motion for Sanctions re: Third Amended Cross-Complaint pursuant to CCP § 128.5 (the "Sanctions Motion") is DENIED. The Court further ORDERS Defendant to file a Notice of Related Cases in the present case a...

Excerpt: ... Supply, Inc. is a roofing company incorporated in 2007. Defendants Chang Ho Ahn and Young S. Ahn are the owners of Premier Roofing Supply. The individual defendants more recently formed Pacific Equipment and Supply, Inc. to engage in the business of distributing or reselling Plaintiff's ladder lifts in the United States pursuant to the parties' distribution agreement. The Court is familiar with Plaintiff's claims and allegations. On December 12,...

Excerpt: ...ssistance of deaf and hard-of-hearing persons. DCARA provides social services, independent living skills, employment training, job placement, interpreting and text translation. There are approximately 10,000 deaf and hard-of- hearing individuals in the Bay Area who receive services from DCARA. Plaintiff has approximately 40 to 45 employees. The facts presented by Plaintiff and Defendants are largely consistent. In February 2019, DCARA Board Presi...

Excerpt: ...ed preliminary injunction standard for pre- judgment relief under which the court evaluates the two interrelated factors of (1) the likelihood that the plaintiff will prevail on the merits at trial and (2) the interim harm the plaintiff may suffer if the injunction is denied as compared to the harm that the defendant may suffer if the injunction is granted. (Right Site Coalition v. Los Angeles Unified School Dist. (2008) 160 Cal.App.4th 336, 338-...

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: ...ember 15, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM ONE (1) COURT DAYS prior to the current 9/2/2020 hearing date (exclude Saturday, Sunday and national holidays) 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, pas...

Excerpt: ...y sanction[.]" (CCP § 2033.280(b).) "The court shall make this order, unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220." (CCP § 2033.280(c).) "It is mandatory that the court impose a monetary sanction . . . on the party or attorney, or both, whose failure to s...

Excerpt: ...has been served may move for an order that the initial answer to that interrogatory be deemed binding on the responding party for the purpose of the pending action." (C.C.P. § 2030.310 subs. (b).) Further, under subsection (c), the court is required to grant the motion if it determines that: "(1)?The initial failure of the responding party to answer the interrogatory correctly has substantially prejudiced the party who propounded the interrogato...

Excerpt: ...s to strike Plaintiff Keashalia Pierce's prayer for punitive damages. Plaintiff was a tenant residing in an apartment owned by Defendants. In her Complaint, Plaintiff asserts Defendants engaged in a "pattern of harassment and intimidation" towards Plaintiff after she complained about multiple habitability issues in her apartment. (Compl., para. 9.) On a motion to strike pursuant to C.C.P. sec. 436, the Court "may," but is not required to, "[s]tri...

Excerpt: ...l and preclude evidence of Defendant's profits or financial condition until after a jury returns a verdict for plaintiff and finds that defendant is guilty of malice, oppression, or fraud upon the application by Defendant requesting bifurcation. (Civil Code §3294.) The court therefore GRANTS IN PART defendant's motion and ORDERS that the parties are precluded from entering evidence of Defendant's profits or financial condition until after a jury...

Excerpt: ...there is a complete defense to the action. (Code Civ. Proc., § 437c, subd. (o)(2).) Once the defendant does so, the burden shifts back to the plaintiff to show that a triable issue of one or more material facts exists as to that defense. In doing so, the plaintiff cannot rely on the mere allegations or denial of his pleadings, "but, instead, shall set forth the specific facts showing that a triable issue of material fact exists...." (Bay Area Ra...

Excerpt: ...resolve the matter without having to resort to filing a cross-complaint. Defendant asserts that liability and the facts as to how the subject accident occurred and the fault of the parties involved are still contested. Defendant states that due to alleged obstruction by Plaintiff State Farm Mutual Automobile Insurance Company, and due to previously unknown facts, Defendant only now has grounds to file a cross- complaint. This Motion is unopposed....

Excerpt: ...in Department 18. STANDARD OF LAW "A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole[;] [and] (2) The 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...

Excerpt: ...f is advised to comply with all applicable Rules of Court and the Code of Civil Procedure in all future filings. 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 ...

Excerpt: ...ker. None of these defendants are have not opposed the motion. Defendants Processing Solutions, LLC, is a corporation. On 12/6/19, the court issued an order that it would be inclined to strike its answer if it did not appear through counsel. On 2/6/20, the court ordered "Defendant answers are stricken. Plaintiff to proceed with default process." Plaintiffs have not yet requested entry of default. Defendant Instant Cash USA, Inc. is a corporation....

Excerpt: ...alth 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 affidavit submitted in support of a motion for preference under subdivision (a) of Section...

Excerpt: ...laintiffs Request for Monetary Sanctions with respect to the Dieden Rogs Motion is DENIED. Plaintiffs' Motion to Compel Defendant's Further Responses to Plaintiff's Special Interrogatories, Set One (the "Special Rogs"), Nos. 1-28 is GRANTED IN PART and DENIED IN PART as set forth in detail below. Plaintiff shall serve verified Further Responses to Special Rogs Nos. 1-24 no later than Thursday, 10/1/2020. The Court AWARDS Plaintiffs monetary sanct...

Excerpt: ...rought asbestos home with him after work on fire hydrants at public water utilities. Thus, the parties focus on whether the bother was exposed to asbestos. ALL CAUSES OF ACTION - THRESHOLD EXPOSURE McWane contends that Plaintiff has not established a disputed question of material fact concerning plaintiff's exposure to asbestos through his brother. Plaintiff must establish "(1) "some threshold exposure," and (2) "legal cause." (Turley v. Familian...

Excerpt: ...eyond six months, and that satisfies the court that the interests of justice will be served by granting the preference." (CCP § 36(d).) "Notwithstanding any other provision of law, the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by granting this preference." (CCP § 36(e).) MOTION FOR PREFERENCE Plaintiff provides the declaration of...

Excerpt: ...nc. ("ABCO") to Standard (Dieden) Interrogatories; (3) further, objection-free responses from defendant ABCO to Plaintiff's special discovery (Plaintiff's First Sets of Special Interrogatories Nos. 1-35, Requests for Production of Documents, Nos. 1-198, Requests for Admissions Nos. 1-33, and Form Interrogatories Nos. 1.1, 1.3, 3.1-3.7, 4.1, 4.2, 15.1, 16.1-16.10 and 17.1); (4) for monetary sanctions against defendant ABCO in the amount of $4,660;...

Excerpt: ... DISCOVERY REGARDING PATTERN OR PRACTICE OF FAILING TO INVESTIGATE AND DISCIPLINE RACIAL SLURS Plaintiff has alleged generally that Tesla has a pattern or practice in the Fremont Plan of failing to investigate and discipline racial slurs. (Complaint, para 13) Tesla seeks to limit discovery by asserting that it complies with the law. A party cannot refuse to provide discovery based on its assertion that the case has no merit. Discovery permits the...

Excerpt: ...Court. Plaintiff is advised to comply with all applicable Rules of Court and the Code of Civil Procedure in all future filings. 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 thi...

Excerpt: ...on April 18, 2017. Both Petitioner and The Regents seek a Court declaration as to which is the prevailing party in this matter, and an award of attorney's fees. THE REGENTS ARE NOT ENTITLED TO ATTORNEY'S FEES BECAUSE THE PETITION WAS NOT FRIVOLOUS The PRA provides that the court shall award court costs and reasonable attorney fees to a petitioner should the petitioner prevail in litigation. (Bertoli v. City of Sebastopol (2015) 233 Cal.App.4th 35...

Excerpt: ..., 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 owed or did not owe a duty to the plaintiff or plaintiffs." (...

Excerpt: ...sory estoppel; and 4) Intentional Infliction of Emotional Distress. Plaintiff failed to comply with the Government Claims Act by alleging facts demonstrating or excusing compliance with the Act. (Govt. Code sec. 946.6.) Plaintiff does not allege she timely filed a government claim or an application for leave to file a later claim; or that she successfully petitioned for relief from the claim-filing requirements under the Government Code. "[F]ilin...

Excerpt: ...located at 46665 Fremont Blvd., in Fremont, on or about July 9, 2019. Applied Spectra had apparently been a tenant at the location since 2012. From 2007 to 2012, Applied Spectra occupied commercial space located at 46661 Fremont Blvd. The application is denied because Plaintiffs have not met their burden of establishing that their damages are measurable by reference to the contract. See CCP § 483.010(a) (money claim must be fixed or readily asce...

Excerpt: ...ary, and that he would now know whether it was necessary until Reyes' assistant completed his part of the investigation. (See Complaint, paragraph 54.) There are no further allegations concerning Officer Reyes. Although the body of Plaintiff's Complaint does not identify any causes of action, Plaintiff apparently contends that Reyes' conduct violates some unidentified provision of Welfare & Institutions Code section 15600. The only subdivision of...

Excerpt: ...p.4th 221, 233.) A mere contractual right of payment, without more, will not suffice. (Id.) Plaintiffs' conversion claim is based on the security deposit that Plaintiffs paid to Defendant Oakland Cannery Operations ("OCO"), which Plaintiffs contend OCO was required to refund upon termination of the lease. (See First Amended Complaint, paragraphs 82 and 95.) Plaintiffs do not allege that they had actual possession of the security deposit at the ti...

Excerpt: ...ly advised Plaintiff of the allegations she needs to allege against Defendant to state a negligence cause of action. (See e.g., 3/13/2020 Tentative Ruling on Demurrer to Plaintiff's Third Amended Complaint.) However, the 4AC is devoid of any specific allegations including without limitation when the alleged motor vehicle accident occurred, where the alleged motor vehicle accident occurred or how Defendant's alleged negligence caused the motor veh...

Excerpt: ...rial court should not approve an agreement contrary to law or to public policy. ... the court cannot surrender its duty to see that the judgment to be entered is a just one, nor is the court to act as a mere puppet in the matter. ... In the context of Proposition 65 litigation, necessarily brought to vindicate the public interest, the trial court also must ensure that its judgment serves the public interest." (Consumer Advocacy Group, Inc. v. Kin...

Excerpt: ... hours worked, reimbursement of expenses, and related claims. There are approximately 348 members of the class. MERITS OF SETTLEMENT The case preliminarily settled for a total of $600,000. The settlement agreement states there will be attorneys' fees of up to $200,000 (33%), costs of up to $20,000, a service award of $17,500 total for class representatives, a net PAGA payment of $15,000, and settlement administration costs of $8,500. After these ...

Excerpt: ...into signing release agreements. The order of 1/21/20 states, "the Court finds that Defendants' communications with drivers here were coercive and misleading." The order later states "The Court authorizes Plaintiffs to seek attorney's fees by further noticed motion as a sanction in connection with the conduct discussed in this Order." Plaintiffs seek fees of $177,947.96 and costs of $5,779.95. ENTITLEMENT TO FEES The order of 1/21/20 states, "The...

Excerpt: ...o merit or that there is no defense to the action or proceeding." (CCP § 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...

Excerpt: ...e to the complaint." (CCP § 438(c)(1)(A).) "A motion by a plaintiff for judgment on the pleadings is in the nature of a general demurrer to the answer, and the motion must be denied if the answer raises a material issue or sets up affirmative matter constituting a defense." (Barasch v. Epstein (1957) 147 Cal. App. 2d 439, 442.) "Where the answer, fairly construed, suggests that the defendant may have a good defense, a motion for judgment on the ...

Excerpt: ...g party is statutorily authorized to recover his or her attorney's fees from the losing party, the lodestar method is the primary method for establishing the amount of recoverable fees." (Glaviano v. Sacramento City Unified Sch. Dist. (2018) 22 Cal. App. 5th 744, 750- 51.) "Under the lodestar method, the trial court must first determine the lodestar figure-the reasonable hours spent multiplied by the reasonable hourly rate-based on a careful comp...

Excerpt: ... the trade name Cordarone, which allegedly has a high risk of serious side effects including pulmonary fibrosis, loss of vision, thyroid cancer, and death. (See 4AMAC ¶¶ 61, 63, 89.) It is approved by the United States Food and Drug Administration ("FDA") as a treatment of last resort for recurrent life-threatening ventricular fibrillation and ventricular tachycardia that do not respond to other treatments. Plaintiffs allege that they were harm...

Excerpt: ...construing a complaint on demurrer is long-settled: "We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed. [Citation.] Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation.]" (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) "Liberal...

Excerpt: ...." (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 pleading ...

Excerpt: ...f the following findings: (1) [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).) "In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or...