Excerpt: ... Friday, October 8, 2021. This tentative ruling will automatically become the Court's final order on Friday, September 17, 2021 unless, by no later than 4:00 p.m. on Thursday, September 17, 2021 a party to the action notifies both (1) the Court by emailing [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, a...

Excerpt: ...led in this case), they understood from communications with Plaintiff's agents that Plaintiff had not yet filed a lawsuit and would only do so if the parties could not otherwise resolve the matter. (See the emails from Plaintiff's agents attached to the declaration of Jim Min Chen.) Those emails can reasonably be understood as indicating that Plaintiff had not yet filed the lawsuit, which was false. In addition, Plaintiff presents no evidence tha...

Excerpt: ... or class claims against Aya Healthcare in this action. Defendant filed its Answer in January 2019. Defendant is a nationwide healthcare staffing company headquartered in San Diego, California. Defendant assigns its Registered Nurses, Licensed Vocational Nurses and Certified Nursing Assistants to facilities on temporary assignments throughout the United States. The case was reassigned to Department 517 on February 20, 2019, after Plaintiff's requ...

Excerpt: .... v. Affiliated Psychiatric Medical Clinic, Inc. (1989) 48 Cal.3d 583, 588 (claim is co-extensive with claim of simple negligence). The Court agrees with Defendant's contention that Plaintiff's Second Cause of Action, as currently pled, is duplicative of Plaintiff's First Cause of Action. See Rodrigues v. Campbell Industries (1978) 87 Cal.App.3d 494, 501 (court may strike duplicative causes of action that add nothing to what is already pled). Pla...

Excerpt: ...provision cited by Plaintiff's attorney prohibits landlords from reporting or threatening to report individuals to immigration authorities. The First Amended Complaint includes no allegations concerning the immigration status of anyone involved in the case. Plaintiff is hereby granted leave to allege a claim for retaliation under a different provision of section 1942.5. 2. Defendants' demurrer to Plaintiff's Tenth Cause of Action for Constructive...

Excerpt: ...e El Escorial Owners' Assn. v. DLC Plasterers Inc. (2007) 154 Cal.App.4th 1337, 1348-1349.) The demurrer to the Seventh Cause of Action for Intentional Infliction of Emotional Distress is OVERRULED. Plaintiffs allege that they reached a written agreement with Defendants authorizing Defendants to engage in construction activities using the airspace above Plaintiffs' property, pursuant to which Defendants could move the swing radius of cranes in th...

Excerpt: ...ither his son, Sterling B. Smith II, nor Ms. Jones, are named as plaintiffs in this case. In view of this unambiguous concession, the Court declines to order Plaintiff to redact references to them. Defendant's motion to strike is granted as to Plaintiff's claim for an award of punitive damages. As Defendant is a healthcare provider as defined by MICRA, Plaintiff is required to file a motion for leave to include such a claim in this case. See CCP ...

Excerpt: ...s. (Order of 10/6/19.) The case preliminarily settled for monetary relief of a total of approximately $700,000. The settlement agreement states there will be attorneys' fees and cost of up to $210,000 (30%) and a service award of $10,000 for each class representative. The case preliminarily settled for non-monetary relief of agreement to cooperate in the discovery for the claims against Midland. The proposed class notice form and procedure are ad...

Excerpt: ...on agreement, and (3) Plaintiff worked for Defendant for at least one year. A claim for breach of covenant of good faith and fair dealing presupposes the existence of a valid, enforceable contract between the parties. Where the terms of an agreement are left for future determination, no contract exists until that determination is made. Here, it is questionable whether a purported agreement that Plaintiff would be given an option to purchase stock...

Excerpt: ...t of up to $16,666 (33%), costs of up to $3,000, a service award of $5,000 for the class representative, a net PAGA payment of $750, and settlement administration costs of up to $2,500. After these expenses of approximately $28,000, the class would get $22,000. The average payout per class members would be $850. The proposed class notice form and procedure are adequate. There were no objections and one opt out. The proposed class is appropriate f...

Excerpt: ...or otherwise . . . between you and us or our employees, agents, successor or assigns, which arises out of or relates to your credit application, purchase or condition of this vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) . . . " Hyundai, alleged to be the manufacturer or distributor of Plaintiff's vehicle (see Complaint, paragraph 9), is not a...

Excerpt: ... 8-31.) Although SLG argues that the opinions of Hansen are "not based on reliable information", SLG has not filed any evidentiary objections to Hansen's declaration in compliance with California Rules of Court, Rule 3.1354. In its reply brief, SLG repeatedly refers to statements by Plaintiff Chris Malki as "untruths", "self-serving", "falsehoods", or "lies". Summary judgment cannot be granted or denied based on the credibility (or alleged lack t...

Excerpt: ...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 on September 15, 2021 at 3 p.m.. 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. LEGA...

Excerpt: ... PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Friday, September 10, 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 Jeans Network, password # 5102676935. If a hearing is requested, the hearing will be conducted on Wednesday, September 15, 2021 at 3:00 p.m....

Excerpt: ...App.4th 1023. Further, the Court finds that under Kaiser Foundation Hospitals v. Sup.Ct. (1998) 66 Cal.App.4th 1217, Defendant has not waived attorney-client privilege as to these emails, at least so long as attorney Sperry has already produced his investigative report and the materials he relied upon in preparing his investigative report, including his notes. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Friday, ...

Excerpt: ...record materials is outside the scope of discovery because not reasonably calculated to lead to the discovery of admissible evidence. But a party to an administrative record case may still use the Civil Discovery Act to discover materials if there is reason to believe they were omitted from or rightly ought to be included in the administrative record. Defendants argue that Requests 27-36 and 62-70 seek communications with Children's Hospital, dis...

Excerpt: ...provision cited by Plaintiff's attorney prohibits landlords from reporting or threatening to report individuals to immigration authorities. The First Amended Complaint includes no allegations concerning the immigration status of anyone involved in the case. Plaintiff is hereby granted leave to allege a claim for retaliation under a different provision of section 1942.5. 2. Defendants' demurrer to Plaintiff's Tenth Cause of Action for Constructive...

Excerpt: ...aintiffs oppose. OVERVIEW OF ALLEGATIONS The FAC challenges that adoption of a county sales and use tax measure known as "Measure W" based on its designation on the 2020 general election ballot. Measure W allegedly received 358,123 voted in favor and 356,812 votes against. The County allegedly then declared that the measure had been passed and the tax would be adopted. Petitioners argue that Measure W is a "special tax" for purposes of California...

Excerpt: ...thout limitation any motion practice in connection with Plaintiffs' pending written discovery requests. Once this written discovery has been completed, RSCC may bring a renewed Motion for Protective Order. LAW RE: ATTORNEY-CLIENT AND ATTORNEY WORK PRODUCT PRIVILEGES AND WAIVER OF THE PRIVILEGES Cal. Evid. Code § 912(a) provides in relevant part: "[T]he right of any person to claim a privilege provided by Section 954 (lawyer- client privilege) .....

Excerpt: ...ach of Contract and Common Counts in the First Amended Complaint filed after the Court granted in part Defendants' motion for judgment on the pleadings with leave to amend. The Court agrees with Defendants' contention that Plaintiff's motion does not comply with the procedural requirements set forth in Rule of Court 3.1324(a)(2) and (3). In addition, Plaintiff's supporting declaration does not comply with the requirements set forth in Rule of Cou...

Excerpt: ...ding without limitation any motion practice in connection with Plaintiffs' pending written discovery requests. Once this written discovery has been completed, RSCC may bring a renewed Motion for Protective Order. LAW RE: ATTORNEY-CLIENT AND ATTORNEY WORK PRODUCT PRIVILEGES AND WAIVER OF THE PRIVILEGES Cal. Evid. Code § 912(a) provides in relevant part: "[T]he right of any person to claim a privilege provided by Section 954 (lawyer- client privil...

Excerpt: ...� Prelim. L-1.) Plaintiffs' First Amended Complaint alleges causes of action for general negligence, premises liability, negligent infliction of emotional distress, and negligence per se against Defendant. (Plaintiff's First Amended Complaint.) Mr. Ramirez, a licensed electrical contractor, was hired by Freeway Insurance Services to remove the electric "Freeway Insurance" sign after it had terminated its lease and began to vacate the leased premi...

Excerpt: ...., Case No. CGC-18-568984), which, like this action, seeks only civil penalties on behalf of the state Labor and Workforce Development Agency pursuant to the Labor Code Privat Attorneys General Act of 2004 ("PAGA") (Lab. Code, §§ 2698 et seq.). Although filed in the Superior Court for the City and County of San Francisco, it is currently part of a coordinated proceeding, Mercy Housing Wage and Hour Cases (Judicial Council Coordination Proceedin...

Excerpt: ...uments regarding dates Plaintiff took Ms. Mai to appointments and other specific information regarding Ms. Mai's medical diagnosis. Defendant has objected to the requests on the grounds that it violates Ms. Mai's right to privacy. The court agrees. The Court must "place the burden on the party asserting a privacy interest to establish its extent and the seriousness of the prospective invasion, and against that showing must weigh the countervailin...

Excerpt: ... to Plaintiff Schaeffer Ranch Homeowners' Association ("Plaintiff") within thirty (30) days of the date on which Plaintiff serves Defendants with and files with the Court a Notice of Entry of the Final Order on this Motion. This tentative order may be contested at the resumption of the trial on Tuesday September 14, 2021 at 9 a.m. If not timely contested, and the tentative ruling will become the final order of the Court. ANALYSIS OF MOTION Defend...

Excerpt: ...ecome the Court's final order on Tuesday, September 14, 2021 unless, by no later than 4:00 p.m. on Monday, September 13, 2021 a party to the action notifies both (1) the Court by emailing [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 c...

Excerpt: ...ade under penalty of perjury and comply with CCP § 2015.5. Plaintiff's 7/19/2019 Complaint in this action alleges that defendant Heng Cheung entered into an automobile insurance contract with Plaintiff prior to 11/3/2016, of which insurance contract Defendant Ping Ping Cheung was a beneficiary or a covered insured. (Complaint ¶ 9.) The Complaint alleges that on 11/3/2016, a vehicle accident occurred pursuant to which both Heng Cheung and Ping P...

Excerpt: ...October 4, 2021. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Friday, September 10, 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 Jeans Network, password # 5102676935. If a hearing is requested, the Court will advise the parties of the manner in w...

Excerpt: ...ty 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) [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 [] grant a motion for...

Excerpt: ... Defendants were obligated to commence work to remove the gatepost and the portion of their gate on Plaintiffs' side of the boundary line "upon execution of this Stipulation." Walter Nix, Defendants' contractor, states in his declaration that he and Defendants did not enter into a contract for the work until the end of February 2021. The gatepost and concrete footing have still not been removed. However, Defendants' failure to comply is partially...

Excerpt: ...31/19, plaintiff stopped working at Marshalls. (Cpt para 11.) At that time, plaintiff had no authority to represent the LWDA. Emergency Rule 9 tolled the statute of limitations from 4/6/20 through 10/1/20. During this time period, plaintiff had no authority to represent the LWDA. On 11/4/20, plaintiff provided a PAGA notice to the LWDA and to Defendants. The LWDA presumably failed to respond. Therefore, on or about 1/9/21 plaintiff had authority ...

Excerpt: ...f a putative class. Plaintiff is prosecuting this case as agent or proxy of the LWDA under the PAGA. (Iskanian v. CLS Transp. Los Angeles, LLC (2014) 59 Cal.4th 348, 381.) (See also Collie v. Icee Company (2020) 52 Cal.App.5th 477, 481.) These include causes of action 4 (LC 2751), 5 (accounting), 7 (LC 221), 8 (LC 223), and 11 (LC 202). The LWDA's claims are for Labor Code violations. The LWDA is not asserting claims for breach of the "FY19 Incen...

Excerpt: ... and SSA Terminals (Oakland) LLC) were served on March 19. As a preliminary matter, the Court has no record that "SSA Terminals LLC" has ever been named as a Defendant in this case or ever appeared in this case. In addition, there is no evidence before the Court that Galin Luk, counsel for the various SSA entities, ever agreed that the subpoenas served on the SSA entities would be treated as if they were ordinary requests for documents under Code...

Excerpt: ...resent evidence establishing that this Court has either general personal jurisdiction or specific personal jurisdiction over M-G AG, a German corporation with principal place of business in Germany. Further, Plaintiff's proposed jurisdictional discovery on the "at least" 12 topics listed at p. 15:10-28 of the Opp. MPA are overly broad and unduly burdensome on their face. Plaintiffs may file and serve a Supplemental Opposition no later than Friday...

Excerpt: ...ion . . . [t]o quash service of summons on the ground of lack of jurisdiction of the court over him or her." (CCP § 418.10(a)(1).) A defendant is "under no duty to act upon a defectively served summons." (Kappel v. Bartlet (1988) 200 Cal. App. 3d 1457, 1466.) "The requirement of notice 'is not satisfied by actual knowledge without notification conforming to the statutory requirements' . . . it is long-settled that methods of service are to be st...

Excerpt: ...of the nature and type shown by the evidence," or "[t]he financial condition of the defendant." (Cal. Civ. Code §§ 3295(a), (c).) "Upon motion by the plaintiff supported by appropriate affidavits and after a hearing, if the court deems a hearing to be necessary, the court may at any time enter an order permitting the discovery otherwise prohibited by this subdivision if the court finds, on the basis of the supporting and opposing affidavits pre...

Excerpt: ...ubd. (f)(1).) There is one exception to this rule, contained in subdivision (t) of Section 437c. If the parties on both sides of the issue stipulate to an early resolution of a legal issue (or claim for damages) by the Court on a motion for summary adjudication, they may stipulate to such a motion being heard. (Id. at subd. (t)(1).) Before filing a motion under subdivision (t), the parties must file a "joint stipulation" accompanied by sworn decl...

Excerpt: ...de a request for judicial notice as to any of the facts appearing in those documents as required by California Rules of Court, Rule 3.1113(l). Therefore, the Court did not consider any of those documents in ruling on this motion. The Court disregards DBank's alleged failure to meet and confer prior to filing this motion, because that would not be a ground to deny the motion. (See Code of Civil Procedure § 439(a)(4).) Although this motion was sch...

Excerpt: ...which does not fully address the Court's concerns. First, the Court expressed concern that Plaintiff's counsel provided only an estimate of 566.3 hours of work on this case. The Court noted that this amount of hours is unusually high for a relatively straightforward PAGA action. The Court noted that Plaintiff's counsel's fee request was supported only by declarations conclusorily alleging that counsel's time was reasonably and efficiently incurre...

Excerpt: ... employed by Fast Exact and also appears to allege that by way of common ownership, AirCargo Communities and CargoBook violated the Labor Code. As currently pleaded, given that Fast Exact is alleged to be Plaintiff's employer and exercised control over Plaintiff's work, Plaintiff must allege sufficient facts to demonstrate how the other defendants also were responsible for the Labor Code violations alleged. Additionally, Plaintiff has not adequat...

Excerpt: ...Dock and trespassed onto his boat. As Plaintiff was chasing the intruders off his boat, he tore his Achilles tendon. Plaintiff seeks to hold the City liable for his injury pursuant to Government Code sections 840 - 840.6. In order to hold the City liable for the acts of its employees pursuant to Government Code sections 840 - 840.6, Plaintiff must show, inter alia, that the property on which he was injured was in a dangerous condition at the time...

Excerpt: ... Cause of Action. LEGAL STANDARD A general demurrer tests the sufficiency of the complaint, i.e., whether it states facts sufficient to constitute 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.) T...

Excerpt: ...C case) and/or prior to February 1, 2017 (based on the statute of limitations set forth in Business & Professions Code § 17208.) Defendant cites no legal authority that a motion to strike may be used to compel the Court to rewrite (rather than eliminate outright) various allegations in the challenged pleading. But in any event, Defendant argues that any claims for damages Plaintiff is asserting based on the period predating January 9, 2018 is ba...

Excerpt: ... MERS' reply was due. In addition, Plaintiff has not filed proof of service of her opposition, so the Court has no evidence that the opposition was ever served on MERS. Plaintiff is advised that the Court may choose to disregard any future late papers she files in this case. (See California Rules of Court, Rule 3.1300(d).) The motion is GRANTED as to the First Cause of Action for Wrongful Foreclosure, WITH LEAVE TO AMEND. The Court accepts as tru...

Excerpt: ...at follow, the Court determines that is not the case here. First, the Labor Commissioner's decision would only become final if it was not appealed within 10 days after service of notice of that decision. (See Labor Code § 98.2(a) and (d).) But Defendant filed an appeal of the Labor Commissioner's Decision on June 2, 2020. (See Defendant's Request for Judicial Notice, Exhibit D.) In light of the COVID Implementation Orders issued by Alameda Count...

Excerpt: ...rnia Rule of Court 3.1350, subdivision (h). Although the motion was noticed, in the alternative, as one for summary adjudication, neither the notice nor the separate statement explicitly listed the issues for determination. (Cal. R. Ct. 3.1350, subd. (b).) Moreover, Levelset's motion was filed without any supporting affidavits, declarations or other evidence. "Code of Civil Procedure section 437c requires supporting declarations be filed in order...

Excerpt: ...allowing amendments to pleadings after notice to adverse party].) This Court should be "liberal in allowing the amendment of pleadings at any stage of the proceedings where the amendment does not cause prejudice to the rights of other parties." (McGuan v. Endovascular Technologies, Inc. (2010) 182 Cal.App.4th 974, 987.) Leave to amend should be granted unless there is "unwarranted delay" in seeking amendment or "prejudice to the adverse party." (...

Excerpt: ...uesday, September 7, 2021 unless, by no later than 4:00 p.m. on Friday, September 3, 2021, a party to the action notifies both (1) the Court by emailing [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, September 8...

Excerpt: ... or class claims against Aya Healthcare in this action. Defendant filed its Answer in January 2019. Defendant is a nationwide healthcare staffing company headquartered in San Diego, California. Defendant assigns its Registered Nurses, Licensed Vocational Nurses and Certified Nursing Assistants to facilities on temporary assignments throughout the United States. The case was reassigned to Department 517 on February 20, 2019, after Plaintiff's requ...

Excerpt: ... essentially seeking to re-write the Complaint to qualify an admittedly appropriate prayer for pre-judgment interest to limit the statutory bases on which Plaintiff may seek an award of pre-judgment interest at trial. This Defendants may not properly do. Defendants may file and serve an Answer no later than Friday, September 24, 2021. This tentative ruling will automatically become the Court's final order on Tuesday, September 7, 2021 unless, by ...

Excerpt: ...eks an order that would result in the transfer of the Berko case to this Court for consolidation (trial only) or, in the alternative, an order requiring the parties in the Berko case move that Court to transfer this case to Contra Costa County for consolidation (trial only). The motion to transfer and consolidate is denied for procedural and substantive reasons. First, Plaintiff failed to file and serve the motion at least 16 court days prior to ...

Excerpt: ...t the parties have not adequately met and conferred regarding the breadth of the RFPDs such that the issues before the Court can be appropriately narrowed. Plaintiffs' RFD No. 7 seeks "...any DOCUMENTS REGARDING ASBESTOS policies, procedures, or precautionary measures related to YOUR employees or facilities." Plaintiffs' RFD No. 16 requests: "...any DOUMENTS related to ASBESTOS as a hazardous substance." Chevron's amended response served on 8/6/2...

Excerpt: ...nce, which the court 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).) "In its discretion, the court may [] grant a motion for preference that is accompanied by clear and convincing medical documentation that co...

Excerpt: ...agent that was lightly sprinkled on sheets of paper as they came off a printing press to keep the pages from sticking together. (Plfs.' Resp. to Def.'s Sep. Stmt. ["PRDSS"] ¶ 2.) Ms. Llamas claims she was exposed in the papermaking process when she cut sheets of paper while binding them. (Id. ¶ 3.) Ms. Llamas also claims that the talc used in the dusting agent in the paper she cut was supplied by Vanderbilt. (Id. ¶ 4.) Vanderbilt propounded di...

Excerpt: ...927 83rd Avenue, Oakland, CA 94621, Assessor's parcel No. 43-4565- 11 (the "Subject Property") during the pendency of this action. The Court also GRANTS IN PART a limited stay of the proceedings so that the parties may engage in what appears to be mandatory arbitration of the underlying attorneys' fees dispute between Plaintiff and Defendant, as set forth in greater detail below. The Court otherwise DENIES the Motion as to the additional relief r...

Excerpt: ...l care he received from Dr. Donald Lai and ValleyCare Medical Center between November 3-10, 2019. The case was assigned to Dept. 20, Hon. Paul Herbert presiding. On 1/22/21, Judge Herbert sustained the Demurrer filed by defendant ValleyCare without leave to amend as to all causes of action except false imprisonment and negligent infliction of emotional distress. On February 10, 2021, plaintiff voluntarily dismissed the two remaining causes of act...

Excerpt: ...e Motions to Strike challenges the punitive damages allegations and prayer for relief at pp. 30:25-31:14 and 31:20. The Demurrers are SUSTAINED WITH LEAVE TO AMEND; and the Motions to Strike are GRANTED WITH LEAVE TO AMEND IT IS ORDERED THAT Plaintiff shall file and serve an amended complaint no later than Friday, September 17, 2021. STANDARD OF LAW "A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v. T...

Excerpt: ...g") and Defendant FZ Global Investment, Inc., DBA A1 Laundromat ("FZ Global") on September 17, 2019. Plaintiff financed equipment for use in a laundromat at a cost of $379,065. The Agreement provided Eastern with a security interest in the financed equipment and in all of FZ Global's other equipment and assets. Defendant Mohamed Arahimi ("Arahimi") personally guaranteed FZ's Global's performance under the Agreement as purported "100%" owner of FZ...

Excerpt: ...erty, the parties agreed that they would each hold a 50% interest, but title would vest as Defendant holding a 99% interest and Plaintiff holding a 1% interest for the purpose of obtaining a loan. Plaintiff alleges the parties agreed that Defendant would then transfer a 49% interest in the Property to Plaintiff after the purchase but Defendant has reneged. Plaintiff alleges the following causes of action against Defendant: (1) quiet title; (2) fr...

Excerpt: ... Plaintiff has instead added a new First Cause of Action entitled, "Violation of Due Process and Unlawful Enforcement." Defendants County of Alameda and Alameda County Sheriff's Office have filed a demurrer to the First Cause of Action because Plaintiff did not allege facts sufficient to show that she exhausted her available administrative and judicial remedies prior to filing the Complaint on February 19, 2020. See Campbell v. Regents of the Uni...

Excerpt: ...:30 a.m. 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) [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 ...

Excerpt: ...that 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 Civ. Proc. § 437c, subd. (c).) 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 s...

Excerpt: ...to recover a higher amount of damages at trial, the $96,475.04 in unpaid rent is a fixed and readily ascertainable amount. Plaintiff's evidence establishes the probable validity of its claim that Defendants owe $96.475.04 in unpaid rent for the nine month period from April through December, 2020. Nine months of rent (at $13,537.91 per month), less the $25,366.15 in rent that Defendants claim they paid for the period between September 4, 2020 and ...

Excerpt: ...laintiff is alleging here.) If, on the other hand, Plaintiff alleges that she entered a separate contract with Defendant in which Defendant agreed to "facilitate" debt protection insurance for Plaintiff, Plaintiff must clearly allege whether that contract was written, oral, or implied in fact, as well as the terms of that contract and how Defendant breached it. The demurrer to the Second Cause of Action for Fraud is SUSTAINED, WITH LEAVE TO AMEND...

Excerpt: ...ture and type shown by the evidence," or "[t]he financial condition of the defendant." (Cal. Civ. Code §§ 3295(a), (c).) "Upon motion by the plaintiff supported by appropriate affidavits and after a hearing, if the court deems a hearing to be necessary, the court may at any time enter an order permitting the discovery otherwise prohibited by this subdivision if the court finds, on the basis of the supporting and opposing affidavits presented, t...

Excerpt: ... The objections of defendants to portions of the declaration of plaintiff expert Michael Braun are OVERRULED. The objections of defendants to portions of the deposition of Rafael Cubero are OVERRULED. The Court's consideration of the evidence is limited to the motion for summary judgment and should not be construed as an indication of admissibility in future motions or at trial. BACKGROUND This is summary judgment, so the court takes all factual ...

Excerpt: ...osp. v. Mercury Constr. Corp. (1983) 460 U.S. 1, 24.) "California law, like federal law, favors enforcement of valid arbitration agreements." (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97.) The California Arbitration Act requires courts to enforce arbitration clauses. (Code Civ. Proc., §§ 1280 et seq.) California does not have a "policy compelling persons to accept arbitration of controversies which they hav...

Excerpt: ....2 of the Settlement Agreement that remains unpaid. The Kairos Parties" (including Steven Marks) are jointly and severally liable for the remaining $25,000 payment, as they are jointly and severally liable for all payments under Section 2.2. The judgment will also require the Kairos Parties to turn over to Turner the intellectual property of the business, consisting of training videos and credentials to the business accounts. (See Section 2.8 of ...

Excerpt: ...trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testimony the court may receive at its discretion, to reach a final determination." Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.App.4th 836, 842. In Ruiz, the court found that the defendant seeking to compel arbitration had not adequately established that the plaintiff had electronically signed the arbitration agreement. (Id.) Here, the m...

Excerpt: ...R-2216862 is the reservation number for SLC's motion for summary judgment, not for either of the two motions to seal that appear on the calendar for September 1. R-2185440, which appears on SLC's August 26, 2021 response to Plaintiff's motion, does not appear connected to any of the motions to seal. In addition, Plaintiffs filed a motion to seal (using R- 2285104) on August 17, and a "supplemental motion to seal" using that same reservation numbe...

Excerpt: ...-Complaint WITH LEAVE TO AMEND. The Court suspects that the 5/18/2021 Order on Demurrer had not promptly entered into the Court's electronic Domain case filing system at the time the Defendant attempted to drop-box file his SACC on 5/19/2021. Further, the Court's Filing Department has been experiencing a severe backlog that has prevented timely filing of papers due to staffing shortages caused by the Covid pandemic. In any event, Defendant's FACC...

Excerpt: ...iff dismissed the claims against Hilary Altman. On 6/9/21, Hilary Altman' reply observed that although the Anti-SLAPP motion was moot, it was nevertheless relevant because the court must determine the merit of the SLAPP motion to determine whether Hilary Altman is entitled to reasonable fees under CCP 425.16(c). (Moore v. Liu (1999) 69 Cal.App.4th 745, 750-751.) The order of 6/16/21 directed the parties to meet and confer on the issue of fees in ...

Excerpt: ... 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 rejected that proposal. Plaintiff later discovered that Kontech had cancelled the debt owed on the loan on or about June 28, 2018, without Plaintiff's knowledge or consent. When Plaintiff made demands for repayment of the debt...

Excerpt: ...ecessary 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 36 may be signed by the attorney for the party ...

Excerpt: ...ollowing 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." (Fox v. Superior Court (2018) 21 Cal. App. 5...

Excerpt: ..., ARBM, Inc., Subaru of America, Inc. and Subaru Corporation, alleging he was subjected to discrimination, harassment and retaliation. Villanueva alleges that almost immediately upon his hire he became subjected to harassing and discriminatory behavior by defendant Deeds who made offensive comments about Villanueva ethnicity, physically assaulted Villanueva while doing racist impressions, and ultimately terminated Villanueva's employment when Vil...

Excerpt: ...osed. (Declaration of Parviz Darabi ¶¶4-6.) The court finds that Defendants are in violation of the court's March 4, 2021 order for failing to provide responses to the discovery responses at issue and for failing to pay monetary sanctions in the amount of $3,222.50. While the Memorandum of Points and Authorities makes reference to issue and evidentiary sanctions, Plaintiff's notice for the present motion requests only monetary and terminating s...

Excerpt: ...nt, you may schedule an appearance. To schedule an appearance, go to the website and click Schedule Now and enter: Case Number Case Name Date of Hearing Time State (enter CALIFORNIA) Judge (enter Jo-Lynne Lee) Participant(s) Appearing Party being represented Select type of hearing Once this information has been entered, you will receive a confirmation page with the dial-in instructions for their remote court appearance. For any questions, contact...

Excerpt: ...Plaintiff did not seek or obtain leave of Court to file the 4/19/2021 Amendment although the time for Plaintiff to amend his pleadings of as a matter of right without leave of Court expired no later than 11/30/2016, when Plaintiff filed his First Amended Complaint in this action. However, the Court's ruling immediately above is WITHOUT PREJUDICE TO Plaintiff's right to bring a noticed motion for leave to file an amended pleading, as the Court pre...

Excerpt: ... to Stay Entire Action. MOTION TO STAY ENTIRE ACTION Amcord asks the Court to exercise its discretion under Code of Civil Procedure sections 128 and 187 to stay this entire action pending resolution of another action in the Third Judicial Circuit, Madison County, Illinois, captioned Douglas R. Hite v. Dap, Inc., et al., Case No. 2021L 000634. Amcord contends that both actions are substantially similar because in both actions Plaintiff claims that...

Excerpt: ...ary (KNBC-TV), Inc. v. Superior Court (1999) 20 Cal. 4th 1178. Even where a motion to seal is not opposed, the Court has an obligation to review the motion and seal only those documents that meet the requirements of C.R.C. 2.550(d). Under C.R.C. 2.550(d), the Court may order that a court record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to ...

Excerpt: ... . . between you and us or our employees, agents, successor or assigns, which arises out of or relates to your credit application, purchase or condition of this vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) . . . " FCA, alleged to be the manufacturer or distributor of Plaintiff's vehicle (see Complaint, paragraph 9), is not a signatory to the ...

Excerpt: ...tructive termination due to intolerable working conditions.) (See Defendant's Separate Statement Facts ("SSF") Nos. 7-22 and 59-63; Plaintiff's response; Plaintiff's Additional Facts ("AF") Nos. 36-48; and the evidence cited in support.) Defendant does not attempt to proffer a legitimate, nondiscriminatory reason for its alleged treatment of Plaintiff, other than to argue that all three of the corrective actions it issued to Plaintiff were justif...

Excerpt: ... Section 36(a) is DENIED. 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) [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 st...

Excerpt: ... 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 rejected that proposal. Plaintiff later discovered that Kontech had cancelled the debt owed on the loan on or about June 28, 2018, without Plaintiff's knowledge or consent. When Plaintiff made demands for repayment of the debt...

Excerpt: ...ideration of the declaration of Dawn Ceizler, the court finds that Defendant made multiple good faith attempts to meet and confer with Plaintiff, but was unable to due to the lack of a direct phone number to reach him. If Plaintiff has a direct phone number or an email address, Plaintiff should provide the contact information to counsel and update his contact information in his pleadings. PLAINTIFF'S COMPLAINT Plaintiff alleges eighteen causes of...

Excerpt: ...causing the vehicle to stall." Plaintiff alleges in paragraphs 11 and 12 that BMW authorized repair facilities could not fix the drivetrain malfunction after several attempts. Plaintiff's original Complaint, filed on January 28, 2020, included claims for breach of express and implied warranties under the Song-Beverly Act. Defendant filed its Answer on May 22, 2020. After Defendant filed a motion for judgment on the pleadings, Plaintiff voluntaril...

Excerpt: ...change v. Superior Court (2004) 116 Cal.App.4th 446, 452; Ponderosa Homes, Inc. v. City of San Ramon (1994) 23 Cal.App.4th 1761, 1767-1768.) The Court may grant leave to amend to remedy any defects identified by a motion for judgment on the pleadings. (Code Civ. Proc., § 438, subd. (h).) The Court may grant leave to amend to remedy any defects identified by a motion for judgment on the pleadings. (Code Civ. Proc., § 438, subd. (h).) "Liberality...

Excerpt: ...on an opportunity to file its own motion to compel arbitration or to give notice that it does not intend to move to compel arbitration. The August 16, 2021 deadline set by the Court in the order passed without CVHCARE Corporation making the required election. CVHCARE Corporation, however, did appear through its attorneys to seek an order allowing Plaintiffs to file a First Amended Complaint by stipulation. As previously indicated, the Court does ...

Excerpt: ... 1 and October 4 because it is now clearly impossible for Plaintiff to vacate the premises by June 1, 2021 as she had agreed in paragraph 4 of the parties' Stipulation for Possession, which is attached to and incorporated into the parties' Settlement Agreement. The Court takes no position on whether any other occupants of the premises (if there are any other such occupants) must vacate the premises. However, Plaintiff herself must vacate the prem...

Excerpt: ...rst Amended Complaint alleges in part that on 11/11/2016, while he was at Defendant's Oakland flea market where he intended to sell merchandise, he was accosted, physically attacked and beaten, sustaining life-threatening injuries. Plaintiff alleges that Defendant owed him a duty to prevent the attack in spite of knowledge of similar prior conduct at the flea market. Plaintiff seeks to discovery information and documents regarding any such allege...

Excerpt: ...P § 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. (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 bear...

Excerpt: ...e ASI's Election Code waives Plaintiff's right to challenge the election in court. The court has addressed this deficiency in detail in its prior orders on the other Defendants' demurrers. Plaintiff attached the Candidate Acknowledgement Form as Exhibit 1 to the original Complaint, but he did not attach it to the First Amended Complaint and instead alleges that he was unaware that when he executed the Candidate Acknowledgment Form that ASI and CS...

Excerpt: ...o expunge a lis pendens may be filed at any time after the notice is recorded. (CCP § 405.30.) The Court must order a lis pendens expunged if it finds either (1) that the claimant does not have a real property claim (CCP §§ 405.4, 405.31) or (2) that the claimant has not "established by a preponderance of the evidence the probable validity of the real property claim." (CCP § 405.32.) A real property claim is any cause of action that, if merit...

Excerpt: ... 2021 a party to the action notifies both (1) the Court by emailing [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, August 25, 2021 at 1:30 p.m. or at a subsequent date and time set by the Clerk of Dept. 514. The...

Excerpt: ...pointment at Victorian Edge Salon, located at 1814 Third Street. Plaintiff testified that she left the salon through the main entrance and exit on Third Street, and took a right turn on the sidewalk toward N Street and another right turn on Third Street. As the moving party, Defendant is required to present sufficient evidence to show that one or more elements of Plaintiff's Fifth Cause of Action cannot be established. See CCP § 437c(p)(2). Defe...

Excerpt: ...Ms. Le and cut off Ms. Le. Ms. Ryles again followed Ms. Le and again cut off Ms. Le. When Ms. Ryles cut off Ms. Le the second time Ms. Ryles exited her car and took a photo of Ms. Le. Throughout the incident, Ms. Le's car was recording the incident. (PX 3) The day after the incident, Ms. Le reported the incident to the police. (PX 1, FI response 12.6) The Hayward Police cited Ms. Ryles for reckless driving under VC 23103(A). (PX 1, FI response 14...

Excerpt: ... comply. While many services offered by Big O vary across franchises, the free inspection is invariable. On information and belief, each of the 22 points is likewise invariable across franchises." (par. 11.) On the other hand, the proposed complaint also alleges that "The multipoint inspection required by TBC can be more than 22 points." (par. 13.) A motion to reconsider a demurrer without leave to amend may be made if a proposed amended complain...

Excerpt: ...e during proceedings, including during trial, as long as the amendment is "in the furtherance of justice, and upon such terms as may be proper." (Code of Civil Procedure ["CCP"] § 576; see also CCP § 473(a)(1) [allowing amendments to pleadings after notice to adverse party].) This Court should be "liberal in allowing the amendment of pleadings at any stage of the proceedings where the amendment does not cause prejudice to the rights of other pa...

Excerpt: ...d Stone's prior request for attorney's fees is misplaced. Plaintiff fails to discuss the key difference between the present noticed motion, specifically that Defendants Demo and Stone's prior request for attorney's fees was brought by way of memorandum of costs. The court's prior order for the request for attorney's fees was in response to a motion to tax costs, associated with a memorandum of costs, which fell under Carpenter v. Jack in the Box ...