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: ...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: ...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: ...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: ...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: ...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: ...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: ...., 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: ...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: ...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: ...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: ...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: ... 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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ... 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: ...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." (...