Excerpt: ...at she is not responsible for Plaintiff's injuries because the stove and oven belonged to the tenant and not her. Plaintiff disputes this contention. Plaintiff argues that the burst of flames that injured her was caused, at least in part, on the PG&E gas line that Defendant had a duty to inspect and maintain. The Complaint was filed on September 3, 2019. Plaintiff now seeks authorization to add the claims of her minor children, Josiah Miller and ...

Excerpt: ...by the District on September 7, 2017, effective July 10, 2017, but that she had a statutory right to preference over new applicants to be rehired to her former position. Plaintiff alleges that between 2017 and April 15, 2019, the District hired several new employees as administrative assistants rather than hiring Plaintiff for one of those positions. (See First Amended Complaint, paragraphs 15-19.) On May 4, 2021, the Court sustained the District...

Excerpt: ...from its original hearing date of August 26, 2021 so that it would be heard after Defendants' motion to vacate the defaults entered against Jimin and William Corporation, Ji Min Chen, and Wendy Lai Wah Hui, which motion was granted on September 16, 2021. But in continuing the hearing on this application, the Court did not grant Defendants leave to file a second, "supplemental" opposition to this application. Plaintiff's claim against Defendants i...

Excerpt: ...tiffs further alleges that Sarwary has (1) cancelled the utility and security accounts, causing the Center to pay additional charges to reconnect the services, and (2) misrepresented to the cemeteries that he (Sarwary) alone as the right to those plots, which are worth thousands of dollars. Those facts, if true, adequately support the Center's claim for interference with contractual relations. The demurrer to the Second Cause of Action for Trespa...

Excerpt: ... no valid contract between them, the Court finds that the declarations Plaintiffs seek that the underlying contracts are null and void is not necessary or proper at this time under all the circumstances. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, September 21, 2021, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative ord...

Excerpt: ...ENTATIVE RULING, NO LATER than 4:00 p.m. on Tuesday, September 21, 2021, 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 he...

Excerpt: ...the Court stay further proceedings in this action in deference to litigation pending between the parties in the United States District Court. Humana opposes both the demurrer and the alternative motion to stay. LEGAL STANDARDS - DEMURRER The standard for construing a complaint on demurrer is long-settled: "We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citati...

Excerpt: ...ction with the post-judgment settlement agreement between City and Brown, plaintiff in the underlying action; and the case law authorities do not contain a bright-line standard. However, the Court finds that the SAC's new allegations regarding monies Plaintiff allegedly had to pay as a result of the post-judgment settlement between Defendant and Elaine Brown ("Brown"), plaintiff in the underlying case, are sufficiently related to the alleged fail...

Excerpt: ... (6) Gender Violence and Sexual Assault, (7) Fraud, and (8) Sexual Harassment. AC does NOT demurrer to Plaintiff's Ninth Cause of Action for Negligent Hiring, Supervision, and Retention, or her Tenth Cause of Action for General Negligence. Plaintiff's causes of action arise from her alleged molestation by Defendant Leslie David Smith on occasions when Smith was supposed to be giving Plaintiff massages. Plaintiff admits that Smith's actions did no...

Excerpt: ...M on Tuesday, September 21, 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 which the hearing will be conducted in advance of the hearing. If not timely contested, and...

Excerpt: ...s submits evidence that the Settlement Agreement and the Class Notice have been revised as requested by the Court IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Tuesday, September 21, 2021 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, passwor...

Excerpt: ...basis for termination of Plaintiffs was pretextual so as to defeat summary judgment. The MSJ as to the Causes of Action alleged by Gonzalez is GRANTED. The Complaint's remaining causes of action alleged by Gonzalez (see below) solely allege that Gonzalez was discriminated and retaliated against by Defendants based on her association to Dodi, i.e., Gonzalez "belongs to the protected [race and/or national origin] class on grounds of association" to...

Excerpt: ...99) 20 Cal. 4th 1178, 1216-1217; In re Marriage of Nicholas (2010) 186 Cal.App.4th 1566, 1575-1575.) In reviewing a motion to seal, the court starts with the "strong presumption ... in favor of public access to court records in ordinary civil trials." (In re Marriage of Nicholas, 186 Cal.App.4th at 1575.) The party seeking to seal a document in a Court file must overcome that "strong presumption" by presenting declarations that contain fact suffi...

Excerpt: ...(1992) 6 Cal.App.4th 571, 575.) IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, September 21, 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...

Excerpt: ...rther responses to his Request for Production of Documents Nos. 35 and 36 which request pertain to other claims where similar bad faith claims made against CSAA by other claimants within the last five years. Plaintiff's request for further responses to Request for Production of Documents Nos. 14, 16, 17 and 32 is GRANTED IN PART, DENIED IN PART. Defendant is required to produce all documents that relate to Plaintiff's first party claim, but is no...

Excerpt: ...mpany-wide practices through representative testimony from an adequate number of randomly selected class members. (Duran v. U.S. Bank Nat, Assn (2014) 59 Cal.4th 1, 42-45.) Therefore, to obtain the discovery required to prepare for trial, plaintiff can reasonably seek (1) broad discovery, from which it can then identify an adequate number of randomly selected class members; or (2) more focused discovery relating to a certain number of randomly se...

Excerpt: ...orce Development Agency (LWDA). (Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 382.) Plaintiff cannot bring "individual" claims under PAGA; they may only bring the action on behalf of themselves and all other aggrieved employees to vindicate the LWDA's interest in enforcement of the Labor Code. (Labor Code § 2699(c) & (g)(1); Williams v. Superior Court (2015) 237 Cal.App.4th 642, 649.) Any monetary penalties assessed aga...

Excerpt: ...d ("PMQs"), custodians of record ("CORs") or senior executives of Vanderbilt and defendant Kelly-Moore Paint Company, Inc. ("KMPC") However, the Opp. Uchimura Declaration fails to properly authenticate these deposition transcripts, most of them do not contain a signed reporter's certificate to authenticate them and Plaintiff has not included portions of the deposition transcripts establishing that the deponents are PMQs, CORs or senior executives...

Excerpt: ...s on behalf of Midland. Defendant BLG filed a certificate of dissolution on 2/2/15. (Order of 7/27/18.) The claims against BLG have settled. The Complaint contains causes of action for (1) Rosenthal Act Claim (specifically alleged violations of Civil Code ["CC"] section 1788.17) and (2) Unfair Competition Law (violations of Business and Professions Code sections 17200, et seq. ["UCL"]). The complaint seeks, damages, restitution, and injunctive re...

Excerpt: ...hose personal injuries a recovery is being sought except on a showing of exceptional circumstances." GOOD CAUSE FOR MENTAL HEALTH IME The court finds good cause for a mental health IME. Plaintiff has placed his current mental health in controversy. Doyle v. Superior Court (1996) 50 Cal.App.4th 1878, 1887, states: " The mental condition of a person who is suffering ongoing mental distress is clearly "in controversy" in an action seeking damages fo...

Excerpt: ... one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . , or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs." (C...

Excerpt: ... to judgment as a matter of law." (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850.) "[T]he party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own to make a prima facie showing of the existence of ...

Excerpt: ... a non-obvious dangerous condition of the premises. In Opposition, Plaintiff fails to submit sufficient evidence to create triable issues of material fact regarding Roger's control over or legal responsibility for the alleged dangerous conditions. Further, Plaintiff does not present any legal authority for the proposition that a tenant in Roger's position would have a duty to warn Plaintiff of or remedy the alleged dangerous external conditions. ...

Excerpt: ... of her proposed claim of punitive damages against Defendant Goldman. Plaintiff argues that she has a legal basis for the claim based on Defendant Goldman's testimony that he was aware of problems with the brakes of his vehicle prior to the accident. Plaintiff argues that the California Supreme Court held decades ago that a party injured in a motor vehicle accident can assert a claim for punitive damages based on the defendant's willful disregard...

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...