Excerpt: ... 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, however improbable they may be," unless the "complaint contains allegations of fact inconsistent with at...

Excerpt: ...ECOND AMENDED COMPLAINT Plaintiff first filed this action on October 13, 2015. Plaintiff then moved to amend its Complaint in October 2018. After that motion was granted, Plaintiff filed the First Amended Complaint ("FAC") on December 14, 2018. On April 28, 2019, the Court sustained with leave to amend Defendants' demurrer to the Eighth through Twelfth Causes of Action in the FAC. On May 23, 2019, Plaintiff filed a Second Amended Complaint ("SAC"...

Excerpt: ...er 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 against a demurrer t...

Excerpt: ...0(a)(1).) Such a motion may challenge either a plaintiff's compliance with statutory requirements for service of process or the Court's personal jurisdiction over the defendant. (See Greener v. Workers' Comp. Appeals Bd. (1993) 6 Cal.4th 1028, 1034.) This Court may exercise personal jurisdiction over a defendant "on any basis not inconsistent with the Constitution of this state or of the United States." (CCP § 410.10.) Due process requires that ...

Excerpt: ...t seek leave of this Court to file such a document. The proper place for arguments about the correct interpretation of evidence is in the memorandum of points and authorities or written objections. The Court hereby orders that Ford's "Reply Separate Statement of Undisputed Material Facts" be STRICKEN from the record as "not drawn or filed in conformity with the laws of this state, a court rule or an order of the court." (Code of Civil Procedure [...

Excerpt: ... in any other material way. The Court GRANTS Plaintiff leave to file the proposed SAC. The SAC is not deemed filed. Plaintiff must serve and file it on or before the twelfth calendar days following entry of this order. CONDITIONAL CERTIFICATION When no class has been certified, as is the case here, the Court must determine whether the case meets requirements for certification. (See Anchem Prods., Inc. v. Windsor (1997) 521 U.S. 591, 625-627.) The...

Excerpt: ...FAC on the grounds that it fails to state a claim and specially demurs on the grounds of uncertainty. (Code of Civ. Proc. § 430.10(e), (f).) AHS also moves to strike language from the Complaint as related only to Ridge's cause of action for race discrimination, which the Court already summarily adjudicated. For the following reasons, the demurrer is OVERRULED. The motion to strike is GRANTED IN PART AND DENIED IN PART. LEGAL STANDARD FOR DEMURRE...

Excerpt: ..., a listed chemical, as "naturally occurring" in cacao products based on a settlement entered in another case, As You Sow v. Trader Joe's Co. This Court has no evidence of the amounts naturally occurring in Defendant's raw ingredients, nor evidence that defendant here relies on the same sources or raw ingredients for its products as the defendants in As You Sow. Such information is necessary before the Court can find that the parties' consent jud...

Excerpt: ...ding to bring this action because they did not present a pre-lawsuit demand on these claims and they have not alleged with sufficient particularity facts demonstrating demand futility. The demurrer on this ground is OVERRULED. Plaintiffs have adequately alleged facts creating a reasonable doubt that the Individual Defendants were disinterested and independent on the subject of the Walmart transaction. (See Second Amended Complaint, paragraph 38.)...

Excerpt: ...l Rule 3.30(c) does not expressly require counsel to deliver it to chambers. The Court also observes that Defendant should not have filed separate demurrers based on the different provisions of CCP § 430.10. Defendant should only file a single demurrer to a single complaint, cross-complaint or answer. If counsel require additional papers for their memorandum of points and authorities, they may present a request by filing an ex parte application ...

Excerpt: ...de . . . the making or opposing of motions . . ." (CCP § 128.5(b)(1).) "Frivolous" means "totally and completely without merit or for the sole purpose of harassing an opposing party." (CCP § 128.5(b)(2).) Sanctions are warranted where a filing is brought without any legal grounds, after an unreasonable delay, and/or with a complete lack of evidence to support the filing. (Finnie v. Town of Tiburon (1988) 199 Cal. App. 3d 1, 13-15.) There is an ...

Excerpt: ...employee or any other person." (Gov. Code § 815(a).) A cause of action against a governmental entity must identify the statutory basis of liability and facts essential to the existence of such statutory liability. (See, e.g., Eastburn v. Regional Fire Protection Authority (2003) 31 Cal.4th 1175, 1179-1180; Lopez v. Southern Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780, 795.) The Sixth Cause of Action is not premised on a statute that provides f...

Excerpt: ...nonpecuniary, has been conferred on the general public or a large class of persons, (b) the necessity and financial burden of private enforcement, or of enforcement by one public entity against another public entity, are such as to make the award appropriate, and (c) such fees should not in the interest of justice be paid out of the recovery, if any." (CCP § 1021.5.) "'[V]oluntary' corrective action, induced by litigation, may properly be consid...

Excerpt: ... sec. 576.) The policy favoring leave to amend is strong. (See Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 760-761.) Here, the main purpose of Plaintiffs' proposed amendment is to provide more detailed factual allegations, add new causes of action, and add Pacific Plaza Community Association and its property managers as defendants. Trial in this matter has not yet been scheduled. The motion is unopposed. (See A.N. v. County of Los Angeles (...

Excerpt: ...nst any of the parties who filed the complaint] except one filed [at the same time as the answer]." (CCP § 428.50(c).) "Leave may be granted in the interest of justice at any time during the course of the action." (Id.) Parker seeks leave to file a Cross-Complaint on the grounds that the Cross- Complaint arises out of the same transaction or occurrence as the Complaint. This action arises from a slip-and-fall incident that occurred on or about A...

Excerpt: ...a] nonparty shall petition the court for leave to intervene by noticed motion or ex parte application." (CCP § 387(c).) "The petition shall include a copy of the proposed complaint in intervention or answer in intervention and set forth the grounds upon which intervention rests." (Id.) "The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied: (A) [a] ...

Excerpt: ... allow Plaintiff to inspect the corporation's accounting books, records, and corporate minutes. See Corp. Code § 1600 et seq. Plaintiff alleges in the Complaint that it and non-party Mason Lu entered into a Joint Venture Agreement on August 20, 2014 to form MedAbome, Inc. Plaintiff also attached a copy of the Chinese language agreement and a certified English translation to the Complaint. Plaintiff contends that Mason Lu did not comply with the ...

Excerpt: ...s that these attorneys violated the May 17, 2017 Stipulated Protective Order (the "Protective Order"), and Code of Civil Procedure sections 177 and 2023.010, et seq. (CCP § 177 ["Every judicial officer shall have power . . . [t]o compel obedience to his lawful orders[.]"]; CCP § 2023.010 [misuse of the discovery process is conduct subject to sanctions].) Specifically, Cordis asserts that these attorneys have used and relied upon documents produ...

Excerpt: ... Cross-Defendants Triangle, Dean Boik, and Paul Lemley are each seeking summary adjudication. Therefore, the Court will rule on this motion as to each of these three Cross-Defendants. As to Issues Nos. 1-10 in Triangle's Notice of Motion, the motion is DENIED. Issues Nos. 1-10 do not satisfy the requirements of Code of Civil Procedure § 437c(f)(1) because none of them completely disposes of an entire cause of action. The purported misrepresentat...

Excerpt: ...ndant. On 1/28/19, AEG filed a motion to strike the DOE amendment based on procedural grounds and also lack of merit due to the settlement agreement. On 6/5/19, the court denied the motion to strike because the statute of limitations did not bar the claims. The court did not address the effect of the settlement agreement because on a motion to strike the court is confined to the pleadings. STANDARD AEG seeks order CCP 128.7 that claim against AEG...

Excerpt: ... 2017. Plaintiff's supervisor was Defendant Martinez. Plaintiff is an African-American women. Plaintiff alleges that she was subject to harassment based on race and sex in violation of the Fair Employment and Housing Act ("FEHA"), and discrimination based on sex and race in violation of FEHA. Plaintiff alleges that Guess failed to prevent discrimination and harassment in violation of FEHA. Plaintiff alleges that when she complained, Defendants re...

Excerpt: ...rte application to dismiss the complaint on November 29, 2017 when plaintiff failed to amend the complaint in response to the court's September 27, 2018 order. Plaintiff did not attempt to serve defendant Hill. On October 16, 2017, plaintiff filed a proof of service of summons purporting to evidence service of the summons and complaint on defendant Delgadillo On July 26, 2018, Delgadillo filed a motion to motion to quash service of summons. Plain...

Excerpt: ...endant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant." (Id.) "Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding." (CCP § 1032(b).) "[T]he trial court has no discretion to order each party to bear his or her own costs." (Michell v. Olick (1996...

Excerpt: ...ues, damages, declaratory relief, and injunctive relief, concerning Azari's conversion of Unit 1 into two separate units in alleged violation of the CC&Rs. In May 2015, the case was referred to private mediation. The parties subsequently entered into a Mediation Agreement that required Azari to pay $11,000 to the HOA to be held in trust, to pay monthly ongoing HOA dues, to produce certain documentation, and to require tenants to use Unit 1 as a s...

Excerpt: ...e 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, however improbable they may ...

Excerpt: ... to Di-(2-ethylhexyl) Phthalate ("DEHP") caused by Rogue Fitness's products in this state; (2) the number of, and severity of, such exposures, such as sales numbers; or (3) the economic effect of the penalty on Rogue fitness, such as revenue or profit figures. Plaintiff is ORDERED to file a supplemental declaration attesting under penalty of perjury that these requirements are met, if it can be so attested. Plaintiff is ORDERED to file this decla...

Excerpt: ...eging the misappropriation of a trade secret . . . , before commencing discovery relating to the trade secret, the party alleging the misappropriation shall identify the trade secret with reasonable particularity . . . ." (CCP § 2019.210.) Discovery motions under this section are "not a procedural device to litigate the ultimate merits of the case-that is, to determine as a matter of law on the basis of evidence presented whether the trade secre...

Excerpt: ...ent. The motion is DENIED. PROCEDURAL MATTERS Defendants' motion, as filed, lacks a memorandum of points and authorities. Every motion must include a memorandum of points and authorities. (Cal. R. Ct. 3.1112(a)(3).) In his opposition, Gu cites an unpublished case, Madick Ins. Servs. V. 3 Mark Fin., Inc. (Cal. Ct. App. March 5, 2014, Case No. B249500) 2014 WL852346. Such cases may not be cited for principles of law. (Cal. R. Ct. 8.1115(a), (b).) T...

Excerpt: ...sition testimony clearly identifies documents that are responsive to Plaintiff's requests kept at Defendant's home and on her cellular phone. While Defendant's declaration in support of her opposition claims that all relevant documents have been produced, the court finds that the deposition testimony contradicts Defendant's declaration. To the extent that the declaration contradicts Plaintiff's testimony, the statements are not considered by the ...

Excerpt: ...t or omission of its current or former employee, the public entity may recover from the employee the amount of that payment if the employee acted with "actual fraud, corruption, or actual malice". The Regents contend that they had to pay claims against them asserted by four current or former students (collectively, "the four students") who alleged that they were sexually harassed by the Regents' former employee Wentworth. Wentworth first argues t...

Excerpt: ...motion is GRANTED. The undisputed facts establish that the Regents did engage in the legally required interactive process with Plaintiff after he first discussed the need for potential accommodations in February 2015. (See the Regents' Separate Statement Facts ("SSF") Nos. 21-93, Plaintiff's response, and the evidence cited in support.) Although Plaintiff purports to dispute many of those SSF, he does not cite any evidence demonstrating that he r...

Excerpt: ...ose . . . sanctions against anyone engaging in conduct that is a misuse of the discovery process[.]" (CCP § 2023.030.) "Misuses of the discovery process include, but are not limited to . . . [d]isobeying a court order to provide discovery." (CCP § 2023.010(g).) "[I]f a party fails to obey an order compelling further response, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a...

Excerpt: ...eclines to dismiss Plaintiff's First Cause of Action for failure to plead facts sufficient to show timely compliance with Civil Code § 8412(a) (lien must be recorded within 90 days after completion of the work of improvement). The Court should not dismiss a claim at the pleading stage unless the defendant is able to show "clearly and affirmatively" that the claim is untimely based on the allegations in the complaint. See Committee for Green Foot...

Excerpt: ... several times that such a motion is improper. Plaintiff claims that his attorneys reasonably billed the sum of $94,243.75 to litigate this action from filing on October 21, 2016 through August 2018, when the case settled at the commencement of trial. Plaintiff argues that the Court should apply a 0.5 multiplier on the lodestar amount in recognition of the unequivocal success of her case and to give plaintiffs' attorneys incentive to accept conti...

Excerpt: ...rike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than 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 amendm...

Excerpt: ...non-compete agreements with its former employees who either have interest in joining or who have joined Veeva Systems, a competitor based in Pleasanton, California. According to the Corrected Second Amended Complaint, Medidata is a Delaware corporation based in New York. Plaintiff does not allege that the subject non-disclosure agreements and non- compete agreements are prohibited by New York statutory or case law. The Court observes that Plainti...

Excerpt: ...tiff's motion cannot be granted for several reasons, both substantive and procedural. Initially, Plaintiff is not clear regarding the statutory basis for its motion. In its notice of motion, Plaintiff cites a discovery statute, but this is not a discovery motion. Plaintiff also cites Code of Civil Procedure section 128.5, but Plaintiff has not followed the predicate procedural steps necessary to bring such a motion. Plaintiff also string-cites ov...

Excerpt: ...ction 25249.7, in that: (A) the standards required by the CJ complies with Health and Safety Code sections 25249.6 and 25249.10(c); (B) the warning required by the CJ is clear and reasonable in compliance with Health and Safety Code section 25249.6; (C) the reimbursement for fees and costs to be paid to Plaintiff's counsel pursuant to the CJ is reasonable under California law; (D) the civil penalty of $16,035.89 to be paid pursuant to the CJ is r...

Excerpt: ...5249.6 and 25249.10(c); (B) the warning required by the CJ is clear and reasonable in compliance with Health & Safety Code section 25249.6; (C) the reimbursement for fees and costs to be paid to Plaintiff's counsel pursuant to the CJ is reasonable under California law; (D) the civil penalty of $100,000.00 to be paid pursuant to the CJ is reasonable based on the criteria set forth in Health & Safety Code section 25249.7(b); and (E) and the allocat...

Excerpt: ...n for reporting unlawful/unfair business practices which are specified in her complaint and were addressed at length in two days of her deposition and in her written responses to discovery." (Plaintiff's Exh. K.) To the extent necessary, Defendants must provide further responses in good faith using this definition of the word "INCIDENT." In regards to Form Interrogatory No. 12.2, Defendants must clearly, completely, and succinctly provide to Plai...

Excerpt: ... the state court located in Oakland County, Michigan or the U.S. District Court for the Eastern District, Southern Division of Michigan. RGIS seeks to either dismiss this action or stay it pending resolution of this dispute in a court specified in the Agreement's forum selection clause. A forum selection clause is presumed valid and will be enforced unless the plaintiff shows that enforcement of the clause would be unreasonable under the circumst...

Excerpt: ..., Plaintiff attached a copy of the lease agreement between the predecessor, Emile Carles, of Alhambra, California and Zen Springs, Inc. to the First Amended Complaint. Plaintiff asserts that Defendants engaged in conduct equivalent to elder abuse by negotiating thoroughly one-sided terms that no reasonable landlord would give. Plaintiff also asserts in the Fifth Cause of Action that Defendants subsequently persuaded Ms. Carles to enlarge the base...

Excerpt: ...ading 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 interpretation, reading it as a whole and its parts in their context." (Goncharov v. Uber Techs., Inc. (2018) 19 Cal.App.5th 1157, 1165.) Here, Defendants Theodore Pendleton and All County Bay Area Property Management have demurred to three of Plaintiff Antoinette Bre...

Excerpt: ...al. 4th 541, 558-559 [discussing indemnity].) On April 11, 2018, this Court confirmed that Safeway had several options in meeting its indemnity obligations, one of which was waiting until a later date to reimburse Kimco its attorney fees and costs. As to Kimco, Safeway, and their dispute with Plaintiff, the litigation has now largely concluded, as both Safeway and Kimco have either been granted judgment in their favor or settled with Plaintiff, o...

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

Excerpt: ...n Defendant Jett and Plaintiffs Marlon Smith and Crystal Kelley ("Plaintiffs") was not made in "good faith" within the meaning of Code of Civil Procedure section 877.6. A party asserting that a settlement agreement was not made in good faith within the meaning of section 877.6 bears the burden of proof on that issue. (See C.C.P. § 877.6(d); Tech-Bilt, Inc. v. Woodward-Clyde & Assocs. (1985) 38 Cal.3d 488, 499.) The challenging party must demonst...

Excerpt: ...ions, (FAC, ¶¶ 56, 78). "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 this state, a court rule, or an order of the court." (CCP § 436; see also CCP § 435.) "In order to survive a motion to ...

Excerpt: ...the address identified in defendant's notice of Change of Address. No opposition has been filed. As a preliminary matter, Defendant's request for judicial notice of the Complaint filed in HG17859160 (Exh.1), the Special Motion to Strike filed in that case (Exh.2), the 8/16/17 Order granting the motion (Exh.3), and the 12/21/17 Judgment in defendant Carmax's favor and awarding $2,835 in attorney's fees and costs (Exh.4), is GRANTED. (Evid.C.§452....

Excerpt: ... of the factual allegations in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal. App. 5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.)...

Excerpt: ...est of the real property that is the subject of this action. On September 12, 2014, Plaintiff filed a small claims case against Defendant and Fran Yeganeh (Case No. RG14-740333) in which admitted that he lost title to the subject property to a nonjudicial foreclosure and that he became a tenant of Defendant and Fran Yeganeh in 2012. Those allegations constitute judicial admissions, and Plaintiff is judicially estopped from alleging that he was th...

Excerpt: ...n, but is unclear].) Further, to the extent Plaintiffs seek to add a tort cause of action for emotional distress to the complaint based on the same facts as their breach of contract cause of action, doing so is generally impermissible. (See Erlich v. Menezes (1999) 21 Cal. 4th 543, 551 ["[C]onduct amounting to a breach of contract becomes tortious only when it also violates a duty independent of the contract arising from principles of tort law."]...

Excerpt: ...s "fair, adequate and reasonable." (See, e.g., Wershba v. Apple Computer, Inc. (2001) 91 Cal.App.4th 224, 244-45.) Further, the parties are to be prepared to discuss why attorney's fees of $416,666.67 are justified in the present action given that it appears that the parties engaged in discovery and then reached a settlement at mediation in a little over a year after the complaint was filed. Plaintiff's references to the risks taken by counsel in...

Excerpt: ...o intervene by noticed motion or ex parte application." (CCP § 387(c).) "The petition shall include a copy of the proposed complaint in intervention or answer in intervention and set forth the grounds upon which intervention rests." (Id.) "The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied: (A) [a] provision of law confers an unconditional right ...

Excerpt: ... pursuant to Government Code section 831.4. That section provides that a public entity is not liable for an injury caused by a condition of an unpaved road or a trail that provides access to "recreational or scenic areas". Whether the property on which the injury occurs is a trail depends on a number of considerations, including accepted definitions of the property, the purpose for which the property is designed and used, and the purpose of the i...

Excerpt: ... fiscal year) and is then renewed the following year. Plaintiff traveled to different schools within the District to perform her work. Plaintiff is also sometimes assigned to work with students at so-called "Nonpublic Schools" or NPS. The parties do not explain why SLPs are sometimes assigned to serve students at NPS, but Plaintiff does say that the particular school in question, Via, had a contract with the District. In the fall of 2017, a new S...

Excerpt: ... 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 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) ...

Excerpt: ...h Health & Safety Code section 25249.6; (C) the reimbursement of $31,000 for fees and costs to be paid to Plaintiff's counsel pursuant to the CJ is reasonable under California law; and (D) the civil penalty of $4,000 to be paid pursuant to the CJ is reasonable based on the criteria set forth in Health & Safety Code section 25249.7(b)(2). The CJ requires that no later than thirty (30) days after the Effective Date, Defendant Sur La Table, Inc. ("D...

Excerpt: ... a court of this State, the court in which such action or proceeding is pending, shall, upon motion of a party to such action or proceeding, stay the action or proceeding until an arbitration is had in accordance with the order to arbitrate[.]") STANDARD OF LAW "On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy,...

Excerpt: ... such action or proceeding is pending, shall, upon motion of a party to such action or proceeding, stay the action or proceeding until an arbitration is had in accordance with the order to arbitrate[.]") STANDARD OF LAW "On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and ...

Excerpt: ...scription of documents, none of the five documents is relevant nor likely to lead to the discovery of admissible evidence. The documents apparently relate to a potential joint venture "that was never completed." The question of whether or not the logged documents are protected by the attorney-client privilege is moot. For completeness, however, the Court notes that Defendant appears to withdraw its claim of privilege for four of the documents at ...

Excerpt: ...ll parties and their counsel must regard the date set for trial as certain."]; CRC, Rule 3.1322(c) ["[C]ontinuances of trials are disfavored[.]"].) Among other things, the trial date in this action was set on October 2, 2018, and Ontrac has not demonstrated to the Court's satisfaction that it has been unable, or will be unable, despite diligent efforts, to complete essential discovery prior to the cutoff date or to prepare for trial. (See CRC, Ru...

Excerpt: ...o purchase certain bathroom fixtures and Lowe's agreed to deliver and install them. (Compl., ¶¶1-10.) CSAA alleges the damage was caused when Lowe's subcontractors, Yoon and CCI Construction, negligently installed a valve, resulting in a substantial leak. (Id., ¶15- 20.) CSAA alleges causes of action for breach of contract, breach of express warranty, negligence and equitable subrogation against Lowe's. (Id., ¶¶28-41, 46- 47.) CSAA claims th...

Excerpt: ...h action or proceeding, stay the action or proceeding until an arbitration is had in accordance with the order to arbitrate[.]") STANDARD OF LAW "On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreem...

Excerpt: ...y for all hours worked, failure to provide complete and accurate wage statements under Labor Code 226(a), waiting time penalties under Labor Code 203, and related claims. There are approximately 960 members of the class. The case preliminarily settled for a total of $3,850,000. The settlement agreement states there will be attorneys' fees of up to $1,347,500, costs of up to $50,000, a service award of $10,000 to each class representative, and set...

Excerpt: ...s the court that the interests of justice will be served by granting the preference." (Code Civ. Proc., § 36, subd. (d).) Plaintiffs' Motion is opposed by all defendants named and served in this action: Stater Bros. Markets, the Vons Companies, Inc., Ralphs Grocery Company, Cyprus Mines Corporation, Johnson & Johnson, and Johnson & Johnson Consumer Inc. (collectively, "Defendants"). All supplemental objections are noted and OVERRULED. As the Cou...

Excerpt: ...y for all hours worked, failure to provide complete and accurate wage statements under Labor Code 226(a), waiting time penalties under Labor Code 203, and related claims. There are approximately 380 members of the class. The case preliminarily settled for a total of $1,875,000. The settlement agreement states there will be attorneys' fees of up to $656,250 (35%), costs of up to $30,000, a service award of $5,000 to each class representative, sett...

Excerpt: ...r's predecessors. The Court determines that Parker has not met its initial burden under Code of Civil Procedure § 437c(p)(2) of demonstrating that one or more elements of Plaintiffs' claims against Parker cannot be established. To the extent that Parker relies on Plaintiffs' responses to Parker's Special Interrogatories, the Court determines that that those responses are not so factually devoid as to demonstrate that Plaintiffs do not have, and ...

Excerpt: ....) In amending, Plaintiff shall take note of Defendant's arguments in its demurrer, as to the asserted substantive flaws in each of the causes of action, and Plaintiff shall have a good faith basis in fact and law for asserting causes of action in an amended complaint. (See C.C.P. § 128.7(b).) Plaintiff shall also consider the authority cited in the demurrer, including Flowers v. Torrance Memorial Hospital Medical Center (1994) 8 Cal.4th 992, 10...

Excerpt: ...ry adjudication as to each of the nine causes of action therein (and two issues pertaining to "alter ego" liability). Because summary judgment cannot be granted unless Xie is entitled to judgment as to each and every cause of action, the court proceeds by addressing the motion for summary adjudication as to each such cause of action. A. First and Third Causes of Action The motion for summary adjudication as to the First and Third Causes of Action...

Excerpt: ...r 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, and only if, the evidence would allow a reasonable trier ...

Excerpt: ...adjudication as to each of the nine causes of action therein (and two issues pertaining to "alter ego" liability). Because summary judgment cannot be granted unless Yu is entitled to judgment as to each and every cause of action, the court proceeds by addressing the motion for summary adjudication as to each such cause of action. A. First and Third Causes of Action The motion for summary adjudication as to the First and Third Causes of Action, fo...

Excerpt: ...demnity granted by Section 31. Deacon's Cross-Complaint against MCP clearly constitutes an action to enforce the indemnity provisions of Section 31 of the Agreement. Although Section 31.2(d) specifically provides that MCP is to reimburse Deacon for all legal expenses incurred in enforcing the Agreement's indemnity provision, as a matter of law Section 31.2(d) must be interpreted as awarding legal expenses to whichever party prevails in an action ...

Excerpt: ...which was directed to Richmond Dental Building ("Dental Subpoena"). Both subpoenas seek records pertaining to decedent Stanley Mitchell ("Decedent"), who died on July 10, 2018. The claims in this case, brought by Decedent's son (of the same name), arise from Defendant's handling of Decedent's remains. The motion is based on two arguments: (1) the subpoenas unreasonably infringe on Decedent's constitutional right to privacy under California law; a...

Excerpt: ...ugust 6, 2019. Further, the parties filed a stipulation on July 19, 2019 (granted on July 25, 2019) which addresses Plaintiffs' concerns about the scheduling of Plaintiffs' contemplated motion for summary adjudication. In the reply, filed on August 1, 2019, Plaintiffs do not seek an order compelling those depositions but instead seek monetary sanctions in connection with those depositions and the Khan deposition. As reflected below, that aspect o...

Excerpt: ...claim, Plaintiffs seek discovery related to the vehicle, Defendant's warranty and related policies, and Defendant's analysis and investigation of defects similar to those alleged in regards to the vehicle Plaintiffs purchased. (See Memo. Sup. Mtn., pp. 1-2.) Plaintiffs' present motion asserts Defendant has failed to comply with this Court's orders related to IDCs, particularly an IDC Order of May 29, 2019. (See id. at pp. 3-4.) Defendant does not...

Excerpt: ...ontinued because counsel for Defendant have advised the Court that they recently served supplemental responses to the subject requests for production and began to produce responsive documents to Plaintiff's attorneys. Defendant had maintained for several months that it had no obligation to provide substantive responses or to conduct a search for documents because the UC San Francisco Police Department executed a broad search warrant at its office...

Excerpt: ... the evidentiary problems, the Court nevertheless concludes that Plaintiff is entitled to summary judgment on its Complaint to Quiet Title as to the real property located at 11784 Castle Court, in Dublin. Hollyvale Rental Holdings, LLC, as the party that acquired the property at the Trustee's Sale, does not have any personal knowledge of the transactions and events that resulted in the property being sold. Plaintiff nevertheless insists on procee...

Excerpt: ...ference on January 29, 2019. Attorney Roseann Torres did not appear at the Case Management Conference and did not file a CMC Statement requesting an early trial date. Plaintiff's counsel then waited until May 16, 2019 to file this motion. Plaintiff's request for a trial date within 120 days of August 8, 2019 is denied. See CCP § 36(f). The Court is familiar with Plaintiff's advanced age and the circumstances resulting in her injury on August 10,...

Excerpt: ...dants Oakland Unified School District, Kyla Johnson-Trammell, and William Newby's demurrer and motion to strike. Plaintiffs are directed to file one amended complaint addressing the concerns of both this order and the order of July 2, 2019. Defendants are, in turn, requested to coordinate their responses to the anticipated amended complaint, and to make best efforts to have any further demurrers or motions to strike heard on the same day. STANDAR...

Excerpt: ...110 Cal.App.4th 1145, 1152 (facts subject to judicial notice may disclose existence of defense). Based on its review of the Complaint and the facts subject to judicial notice, the Court concludes that Plaintiff Monterrosa did not exhaust his available administrative remedies as to the claims set forth in the Second, Third and Fourth Causes of Action. See Miller v. City of Los Angeles (2008) 169 Cal.App.4th 1373, 1379. The School District advised ...

Excerpt: ...ry duty to her, but intentionally failed to disclose that Plaintiff's understanding of her reverse mortgage was erroneous, resulting in Plaintiff selling the subject property to Kendall to Plaintiff's detriment. (See Fourth Amended Complaint, paragraphs 9, 20-23(a), and 33.) Plaintiff's Second Cause of Action for "Constructive Trust on Real Property Based on Unilateral Mistake" is adequately pled, including Plaintiff's mistake, Defendant Julie Ke...

Excerpt: ...uately allege the terms of the purported oral contract or identify how Defendant breached the purported oral contract. To the contrary, the First Amended Complaint appears to allege that both the written and oral contract had the same terms, which makes one of those contracts superfluous. (See First Amended Complaint, paragraph 17.) Second, Plaintiff fails to adequately allege how Plaintiff has been damaged, and in what amount, by Defendant's pur...

Excerpt: ...her ACCO was involved in the conduct alleged to constitute conversion of his vehicle. Plaintiff's sole basis for asserting a conversion claim against ACCO appears to be the conclusory assertion that defendant York Risk Services Group, Inc. ("York"), a third party claims administrator, was acting on ACCO's behalf as its agent, and that ACCO is therefore liable for alleged wrongdoing by employees of York, as York's principal. None of the legal auth...

Excerpt: ...d on property owned by Remitz. Plaintiff alleges that Remitz should have known of the dog's dangerous propensities and of the dog's ability to escape from Remitz's property as a result of an inadequately maintained fence surrounding the property. A duty of care may not be imposed on a landlord for injuries caused by a tenant's dog without proof that the landlord had actual knowledge of the dog's dangerous propensities. (See Yuzon v. Collins (2004...

Excerpt: ...10 and 583.420, and Rules of Court 3.1340 and 3.1342, and Plaintiff's opposition papers filed on December 27, 2018 and January 28, 2019. The Court also takes into account the arguments made during the hearing on February 28, 2019. The motion is denied for two principal reasons. First, the Court did not grant Defendants' Motion to Dismiss on February 28, 2019 solely because Plaintiff did not appear at the hearing. If Defendants had not made a suff...

Excerpt: ...ey named Gopal Krishnan. Mr. Krishnan represents numerous defendants sued by Plaintiff. Mr. Krishnan told Defendant that he was handling the matter, and that he would attempt to negotiate a settlement. Mr. Krishnan apparently did not do what he promised to do. Finally, on December 14, 2018, Plaintiff successfully requested that the Clerk enter Defendant's default. The Court is not permitted to grant Defendant's motion filed on June 17, 2019, even...

Excerpt: ...e court notes that Defendants William Tank Lines and Roye Anthony Rodriguez ("Defendants") do not oppose this aspect of the motion. The motion to strike the remainder of the seventh affirmative defense is DENIED. The fact that some of the allegations are duplicative of those in other affirmative defenses is not a sufficient basis to strike them. The fact that Plaintiffs had not demurred to the seventh affirmative defense in the First Amended Answ...

Excerpt: ... that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists," except under certain situations outlined by statute. (CCP § 1281.2.) The Court will not order arbitration of the controversy if: (a) the right to compel arbitration has been waived by the petitioner; (b) grounds exist for the revo...

Excerpt: ...compliance with Health & Safety Code section 25249.6; (C) the reimbursement for fees and costs to be paid to Plaintiff's counsel pursuant to the CJ is reasonable under California law; (D) the civil penalty of $7,701 to be paid pursuant to the CJ is reasonable based on the criteria set forth in Health and Safety Code section 25249.7(b); and (E) and the allocation of any additional settlement payments to Plaintiff is in the public interest as set f...

Excerpt: ...h v. White Corporation (2017) 13 Cal.App.5th 1086. The motion does not comply with C.C.P. § 437c(b)(1), which requires a "separate statement setting forth plainly and concisely all material facts which the moving party contends are undisputed. Each of the material facts stated shall be followed by a reference to the supporting evidence." The failure to comply with this requirement "may in the court's discretion constitute a sufficient ground for...

Excerpt: ...ized that in certain cases attorneys who are willing to take on cases in which they may not be compensated for their skill and effort should receive a fee enhancement to give them reason to accept such cases. In this case, attorney LeRoy and paralegal Lichtenberger have asked the Court to apply a 0.5 multiplier to the fees billed to the file. Counsel and Ms. Lichtenberger, however, have not provided the Court with any evidence to support their cl...

Excerpt: ... has the burden to prove that all jurisdictional criteria are met. (See Yavapai-Apache Nation v. Lipay Nation of Santa Ysabel (2011) 201 Cal.App.4th 190, 206.) Here, Moving Defendant has submitted compelling evidence that it is a sole- member LLC established under the Limited Liability Corporation Act of the Blue Lake Rancheria Tribe of California, the sole member of which is the Blue Lake Rancheria Economic Development Corporation, which is a co...

Excerpt: ...link Networks, LLC. Crosslink Networks, LLC provides internet connectivity and related services to commercial customers. On April 25, 2019, the Court granted Crosslink Networks, LLC's Ex Parte Application for a Temporary Restraining Order and OSC Re: Preliminary Injunction. Crosslink Networks, LLC alleged that LIT San Leandro, LLC had given notice of its intent to disconnect Crosslink Networks (and its customers) from its fiber optic cable networ...

Excerpt: ...ghter. Only the guardian ad litem may assert such a claim, which renders the complaint uncertain. Further, Plaintiff, Ulrika During who does not appear to be an attorney licensed with the California State Bar, cannot appear on behalf of her daughter Saturninia because to do so would be in violation of Business and Professions Code section 6125, which states that "No person shall practice law in California unless the person is an active member of ...

Excerpt: ...ed in this action as counsel for another general partner, Peter Andersen. Plaintiff did not establish "a substantial risk" of concurrent or successive representation of clients with conflicting interests. (Sharp v. Next Entertainment, Inc. (2008) 163 Cal.App.4th 410, 425-429; see also Coldren v. Hart, King & Coldren, Inc. (2015) 239 Cal.App.4th 237, 250.) Accordingly, Plaintiff did not show that this motion amounts to anything more than improper ...

Excerpt: ...ed in this action as counsel for another general partner, Peter Andersen. Plaintiff did not establish "a substantial risk" of concurrent or successive representation of clients with conflicting interests. (Sharp v. Next Entertainment, Inc. (2008) 163 Cal.App.4th 410, 425-429; see also Coldren v. Hart, King & Coldren, Inc. (2015) 239 Cal.App.4th 237, 250.) Accordingly, Plaintiff did not show that this motion amounts to anything more than improper ...

Excerpt: ...use of action for negligence. (See, e.g., FAC, paras. 2, 17, 29, 33 ["Safeway knew or should have known about a hazardous condition and did nothing to fix the problem"], 41, 49 (A, B).) Further, Defendant admits a cause of action for negligence is not beyond the pale in this matter. (See Def.'s Demurrer Memo., p. 1:24-25 ["This is essentially an action for negligence which apparently arises from a claim of slip and fall at the Safeway store locat...

Excerpt: ...estified at deposition to the same effect. He testifies that he and his first wife, Florence, picked up smoking Kent cigarettes in 1952 when they were new to the market and he was in Vallejo on leave from the Navy. He continued to smoke Kent brand cigarettes when he was reassigned to the USS Williamsburg in Washington, D.C. But Decedent also testified that, before he smoked Kent cigarettes, he smoked Salem cigarettes, and that he went back to smo...

Excerpt: ...e are not described. 2. There is insufficient information to evaluate whether there were substantial common questions for class certification. The alleged non-compliant policies are not described (see above) nor is the manner of defendant's allegedly illegal conduct described. 3. The class release appears to be extremely broad, releasing claims that go beyond those alleged in this case. While the named plaintiff may freely release her own claims,...

Excerpt: ...of California ("UC") demurs to the First Amended Complaint. It demurs on its own behalf alone and not on behalf of the individual instructors named in the Complaint, because UC is immune from liability as a public entity and because the activities alleged in the FAC are, as a matter of law, not outrageous. For the reasons stated below, the demurrer is SUSTAINED WITH LEAVE TO AMEND. PROCEDURAL MATTERS In response to UC's demurrer to his original C...