Excerpt: ...im related to workers compensation retaliation. The law on discovery of medical information is not in dispute. Disclosure of a party's medical history can be compelled with respect to those medical conditions that are in issue in a particular action but the party is "entitled to retain the confidentiality of all unrelated medical . . . treatment they may have undergone in the past." (Britt v. Superior Court (1978) 20 Cal.3d 844, 849.) The scope o...

Excerpt: ...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 defendant moves for summary judgment, it is the defendant's burden as movant to show, for each caus...

Excerpt: ...torney Yudien did not prepare and submit a declaration that complies with the requirements set forth in Rule of Court 3.1324(b). Mr. Yudien's submission of a redline version of the existing First Amended Complaint and the proposed Second Amended Complaint is not sufficient. Plaintiff's motion is substantively deficient because the proposed additional cause of action and allegations are not necessary. Plaintiff's attorney acknowledges that he does...

Excerpt: ... Amended Complaint, Plaintiff alleges that he resides at the property. On December 5, 2006, Plaintiff obtained a mortgage loan from Mortgageclose.com, Inc. in the sum of $139,000.00. The lender recorded a Deed of Trust in the Official Records of Alameda County on December 6, 2016. On August 19, 2019, an Assignment of the Deed of Trust was recorded that assigned the Deed of Trust from Mortgageclose.com, Inc. to U.S. Bank. On January 16, 2020, a Su...

Excerpt: ...rt that the unredacted documents may contain evidence regarding liability for the alleged asbestos exposure that occurred during Decedent's employment. Specifically, JKBCI speculates that the redacted information may include details regarding Decedent's job duties, work stations and job classifications that differ from Plaintiffs' allegations. Initially, Plaintiffs had objected to the approximately 450-page production of employment records obtain...

Excerpt: ...tice 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. Plaintiff alleges in his Complaint he is a sea...

Excerpt: ...ions. Such discovery may include the thoroughness of the SLC's investigation into the claims against Art.com and the reasonableness of its conclusions. (See, e.g., Kaplan v. Wyatt (Del.Ch. 1984) 484 A.2d 501, 510 and Kahn v. Kolberg Kravis Roberts & Co. LP (Del. 2011) 23 A.3d 831, 836-837, 842.) As to Plaintiffs' request for a further response to Deposition Question No. 1 (as set forth in Plaintiffs' Separate Statement), Plaintiffs' motion is DEN...

Excerpt: ...ents by misrepresenting that if she stopped making her payments, she could apply for and receive a fixed interest rate loan modification. As a result, Plaintiff was induced to default on her loan and now faces nonjudicial foreclosure. (See Plaintiff's Additional Facts ("AF") Nos. 5-7 and the evidence cited in support, including Plaintiff's declaration at paragraph 8.) Plaintiff's declaration does not consist of "mere speculation and conjecture", ...

Excerpt: ...leges that Defendants "knew or should have known that she was a subtenant and approved and or ratified the sublease agreement", but she does not allege that Defendants authorized Plaintiff's subtenancy in writing. Plaintiff alleges that Defendants have interfered with her purported right to possession of the subject property in four ways. First, Defendants and/or their agents harassed Plaintiff by demanding that she pay rent, calling her a "crook...

Excerpt: ...PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, June 22, 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 BE CONDUCTED ON WEDNESDAY, March 3, 2021 at 3:00 p.m. in Dept. 19 and will most likely be conducted using the Blue Jeans Network, password # 5102676935. If a hearing is requested, the C...

Excerpt: ...ponsible for the substantial increase in the amount of the IRS lien on the property. Although the IRS tax lien was recorded in the Alameda County Recorder's Office, Plaintiff claims it was not aware of its existence until approximately 18 months after the trustee's sale. Plaintiff asserts that Defendant had a statutory duty to inform the IRS of the sale so that the agency could present its claim for payoff. Defendant essentially asserts that the ...

Excerpt: ...Oakland filed an answer on June 11, 2021.The parties appear to have been in communication throughout this process. The policy of the state favors resolution of disputes on their merits. Because Oakland has filed its answer, the motion is DENIED. The Court further notes that the communications between the parties regarding this default were rather mercenary and sought to create a litigation advantage through procedure. This unnecessarily mercenary...

Excerpt: ...aw. [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.) "Liberality in permitting amendment is the rule, if a fair opportunity to correct any defect has not been given." (Angie M. v. Superior Court (1995) 37 Cal.App.4th 1217, 1227.) For the Court t...

Excerpt: ...f Contract, is OVERRULED as to Saybrook, and SUSTAINED WITHOUT LEAVE TO AMEND for failure to state a cause to defendant TCS. As discussed in the three earlier demurrers to the Complaint and First Amended Complaint, Plaintiff's First Cause of Action for Breach of Contract alleges breach of his written Faculty Appointment Contract, which had a one-year term that expired on May 31, 2019. Employment under the Contract was at will. Language in para. 5...

Excerpt: ... Motorcars of Fremont (Fletcher Jones) with a four-year/50,000 mile "new car" warranty. Beginning on March 25, 2017, plaintiffs returned the car multiple times for repairs under the warranties, but defendants failed to repair the car. On April 19, 2021, judgment was entered for plaintiffs pursuant to a 998 offer to compromise. The judgment provided that defendant Mercedes-Benz USA (MBUSA) would pay plaintiffs $155,000. Plaintiffs were to surrende...

Excerpt: ...mmit Surgery Center, Pontine Inc,, ProMed Spine, Kaiser Hospital of Union City, Kaiser Radiology-Union City, Kaiser Central Support Services, Requests Nos. 1-7 are limited to any conditions related to the neck, back, shoulders, headaches/migraines, emotional distress, anxiety and/or physical fatigue from September 26, 2013 to the present. The court further ORDERS that the deposition subpoena for production directed to Custodian of Records for Gei...

Excerpt: ...torney Yudien did not prepare and submit a declaration that complies with the requirements set forth in Rule of Court 3.1324(b). Mr. Yudien's submission of a redline version of the existing First Amended Complaint and the proposed Second Amended Complaint is not sufficient. Plaintiff's motion is substantively deficient because the proposed additional cause of action and allegations are not necessary. Plaintiff's attorney acknowledges that he does...

Excerpt: ...ctual indemnification agreement. Procedurally, the Vintage motion is styled as a motion for summary adjudication, but it fails to distinguish between the five causes of action in the Vintage cross- complaint. The court considers the motion as it would a motion for summary judgment. Substantively, the Vintage motion for summary judgment seeking indemnification for the costs of defending this action is denied. Vintage has not presented any evidence...

Excerpt: ...nvestigation. A three-person faculty subcommittee of the UC Berkeley Privilege and Tenure Committee) ("PTC") conducted a three-day hearing, the committee recommended that Plaintiff should be suspended without pay for one year, a letter of censure, and sensitivity training. UC Berkeley Chancellor Christ on 8/13/18 determined that the recommendation was not appropriate and imposed a three-year suspension without pay. Plaintiff resigned effective 7/...

Excerpt: .... RG19041496. The Court finds that the cases are properly coordinated and consolidated. The cases are not complex; they both involve the same automobile accident and do not fall into any of the categories for complex litigation as defined by C.R.C., Rule 3.400. The cases involve a common question of fact as to how damages should be allocated to the respective defendants and there is a significant risk of conflicting rulings. Further, factors of c...

Excerpt: ...da.courts.ca.gov 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. LAW RE: MOTIONS...

Excerpt: ...ce of business, or usual mailing address" within the meaning of CCP § 415.20(b) at the time substitute service was effected. Plaintiff may file a supplemental declaration or other evidence no later than Tuesday, July 6, 2021 and provide Dept. 19 with a courtesy copy by email on the date of filing. As alleged in the Complaint, Defendants purchased a used 2017 Ram Ram 1500 (the "Vehicle") from Plaintiff's assignor, The Hertz Corporation ("Assignor...

Excerpt: ...meda. The subject property had belonged to Veronica Cerkueira ("VC") and LC, in "joint tenancy with right of survivorship". On December 17, 2014, VC filed for divorce from LC. Upon the filing of the divorce petition, certain automatic temporary restraining orders ("ATROs") took effect pursuant to Family Code § 2040(a)(4) and (b)(3), which (1) restrain a spouse from transferring an interest in property by deed without the written consent of the o...

Excerpt: ...ess as personal service for purposes of the short but critical additional time to respond under section 1010.6(c) of the Code of Civil Procedure does not impair Plaintiffs' due process rights in any meaningful way. If any party wishes to contest this Tentative Ruling, no later than 4:00 PM on Thursday, June 24, 2021, the contesting party must email [email protected] and provide notice to all counsel via File&ServeXpress of the intent t...

Excerpt: ...ication motion may involve such considerations as a client's right to chosen counsel, an attorney's interest in representing a client, the financial burden on a client to replace disqualified counsel, and the possibility that tactical abuse underlies the disqualification motion." (People ex rel. Dept. of Corporations v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145.) "Ultimately, disqualification motions involve a conflict between...