Excerpt: ...ART as set forth below. Plaintiff may serve and file a Second Amended Complaint consistent with this Order no later than Friday, April 2, 2021. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Friday, March 12, 2021, contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. IF A HEARING IS REQUESTED, the hearing will most likely be conduc...

Excerpt: ...rt's final order on Friday, March 12, 2021 unless, by no later than 4:00 p.m. on Thursday, March 11, 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 Wednes...

Excerpt: ... 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.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The court m...

Excerpt: ...35.1, even if that statute of limitations is tolled until the time Plaintiff reached majority, as provided in CCP section 352(a). Plaintiff's argument that the four-year statute of limitations of CCP section 343 applies to this claim is incorrect. Section 343 only applies to "an action for relief not hereinbefore provided" and, hence, is inapplicable where, as here, the allegations stated against this defendant amount to a claim of negligence. Mo...

Excerpt: ... at 6044 Stevenson Blvd., in Fremont. The Wayland, LLC purchased the property in 2016. In 2017, the Art Center fell behind in its monthly rent payments. Qiang Wu, the principal of the Art Center and former husband of Jing Zhao, discussed with Guy Fong, the principal of The Wayland, LLC, a proposal wherein Wu would deliver a valuable item of Chinese art to Fong as security for the Art Center's obligation to pay rent through January 2018. The parti...

Excerpt: ...hearing on this demurrer under C.C.P. 472, but Plaintiff did not do so. Instead, Plaintiff asks the court to determine the sufficiency of the proposed first amended complaint although the demurrer is directed to the complaint. The Court will not review the sufficiency of plaintiff's proposed amended pleading, Instead, the Court will grant Plaintiff leave to amend to file the proposed first amended complaint or any other version of a first amended...

Excerpt: ...907104. Plaintiff must file a consolidated Second Amended Complaint on or before 4/16/21. BACKGROUND 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." (Redfearn v. Trader Joe's Co. (2018) 20 Cal.App.5th 989, 996.) The court GRANT's Red Bull's and the Individuals' requests for judicial notice of Court fil...

Excerpt: ...ue to the late delivery of portions of premises has already been ruled on by the Court in its order overruling 2050 Williams Street's demurrer to the First Amended Complaint, which addressed the interpretation of section 8.7 and 8.8 of the lease agreement addressing insurance and indemnity obligations. Cross-Defendant argues that section 8.7 and 8.8 do not apply to the present lawsuit because that portion of the lease only relates to damages and ...

Excerpt: ... CACI No. 325 and the cases cited in support.) The Court rejects Flatiron's argument that the Second Cause of Action is based on the same conduct as the First Cause of Action for Breach of Contract. Second Amended Complaint paragraph 43 alleges that Flatiron breached the implied covenant by "repeatedly asserting unsupported claims for additional compensation to which it was not entitled." That allegation does not appear anywhere in the First Caus...

Excerpt: ...ge a specific breach. (Id., ¶8.) Plaintiffs attach loan documents and other agreements between themselves America West Bank, Defendant's predecessor, dated November 7, 2012 and May 1, 2014 related to the purchase of a property in Oakland. (Id.) Plaintiffs pray for damages of $15,060.59, attorney fees, interest and other charges. (Id., ¶¶ 10(a), (c), (d).) Defendant Pacific Western Bank demurs to the breach of contract cause of action on the gr...

Excerpt: ...G, NO LATER than 4:00 PM on Friday, March 19, 2020, 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 which the hearing will be conducted in advance of the hearing. If not tim...

Excerpt: ...il [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 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....

Excerpt: ...rt will drop the motion when it comes on calendar on 3/19/21. If counsel do not submit a stipulation on scheduling the expert depositions that takes this motion off calendar, then the court's tentative decision will remain as follows: TENTATIVE DECISION FOR 3/19/21 Plaintiff alleges exposure to various paints, cleaners, and other products, that the products contained benzene, and that the benzene caused hm to develop Acute Myeloid Leukemia ("AML"...

Excerpt: ...t Board resolutions, the First Amended Complaint, and the court's prior order. Defendant EBMUD provides water service. On 7/11/17, EDMUD adopted Resolution 35045-17, which set water rates for fiscal years 2018 and 2019. The rates went into effect 7/12/18. On 6/11/19, EDMUD adopted Resolution 35142-16, which set water rates for fiscal years 2020 and 2021. The rates went into effect 7/1/19. (Collectively the Water Rates.") The First Amended Complai...

Excerpt: ...aims of other employees. The parties may also address any other issues raised by this order. Plaintiffs and defendants must file any supplemental papers ten court days before the continued hearing date. The court's PRE-TENTATIVE order is as follows: The Motion of Plaintiff for approval of PAGA settlement under Labor Code 2699(l)(2) is UNDECIDED. LAW ON PAGA SETTLEMENTS Plaintiff asserts the PAGA claim on behalf of the State of California's Labor ...

Excerpt: ...ing, no later than 4:00 PM on Thursday, March 18, 2021, contesting party must email [email protected] and provide notice to all counsel via File&ServeXpress of the intent to contest the tentative order. If not timely contested, and the tentative ruling will become the final order of the Court. LAW "When a defendant challenges jurisdiction through a motion to quash, the plaintiff bears the burden to demonstrate facts, as to each nonresi...

Excerpt: ...or a total of $850,000. The settlement agreement states there will be attorneys' fees and cost of up to $297,500 (35%), costs of up to $40,000, a service award of $7,500 for each class representative, a net PAGA payment of $12,500, and settlement administration costs of $20,000. After these expenses, the class would get $440,000. There are approximately 931 members of the class. The average payout per class members would be $460. The proposed cla...

Excerpt: ... III.F.1.) The Settlement Agreement states that the absent class members are releasing not only "all claims... that that were or could have been alleged based on the facts set for the in the Complaint' but also "all claims ... that were or could have been alleged based on the facts set forth in ... any further amended complaints or PAGA letters in the Action, whether known or unknown, during the class period." The inclusion of claims "that were o...

Excerpt: ... AND SUMMARY ADJUDICATION "A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding." (CCP § 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,...

Excerpt: ...ntains an Internet website. Customers can make orders on the Internet website and have the orders delivered to them. Defendant has made sales to customers in California over the years. Defendant states that it has decided not to accept any more business from customers located in California since the filing of this Unruh Civil Rights Act lawsuit. Defendant's motion to quash service of the summons for lack of personal jurisdiction is DENIED WITHOUT...

Excerpt: ...s agreed to IMEs by Dr Strassberg and Dr. Berg. Dr Strassberg was to be a several hour-long interview and a physical examination related to neurological issues. Dr. Berg was to be a written test. Plaintiff travelled from Los Angeles to the Bay Area. On 7/22/20 there were disputes over the length of the Dr Strassberg IME and whether plaintiff could have a nurse present for the physical exam portion of the IME. The IME was not completed. On 7/23/20...

Excerpt: ...bson v. Raychem Corp. (1999) 73 Cal.App.4th 614, 625; CRC 317(d).) In a demand for production of documents, "the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: (1) [a] statement of compliance with the demand is incomplete[;] (2) [a] representation of inability to comply is inadequate, incomplete, or evasive[;] [and/or] (3) [a]n objection in the response...

Excerpt: ...ion as to one of the two units in the duplex, and (2) that Defendants cannot maintain residence at both units of the duplex, but instead must choose one or the other. On July 2, 2020, the Court granted Defendants' motion for summary judgment. In its order, the Court determined that (1) Plaintiff had not identified any provision of the lease as to which there was any controversy over the provision's construction or validity, and (2) that Plaintiff...

Excerpt: ... was already overruled. (See, e.g., Bennett v. Suncloud (1997) 56 Cal.App.4th 91, 96-97.) To the extent that the Bennett case conflicts with other cases allowing a party to demurrer to an amended pleading even after an earlier demurrer was overruled (see, e.g., Pavicich v. Santucci (2000) 85 Cal.App.4th 382, 389), the Court elects to follow Bennett, not Pavicich. In particular, the Court already rejected Defendants' argument that this case is bar...

Excerpt: ... reasonable likelihood of prevailing on her invasion of privacy cause of action. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, March 16, 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 re...