Excerpt: ...) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be conducted on Wednesday, March, 2021 at 1:30 p.m. or at a subsequent date and time set by the Clerk of Dept. 514. The subject line of the email to the Court contesting the tentative ruling must list the case name and number, an...

Excerpt: ...s a substantial interest in the action as a whole[;] [and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "In its discretion, the court may [] grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt...

Excerpt: ...s a substantial interest in the action as a whole[;] [and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "In its discretion, the court may [] grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt...

Excerpt: ...er 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 amendments, at any stage of...

Excerpt: ...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 amendments, at any stage of the proceeding[.]" (Hirsa v. Superior Court (1981) 118 Cal. App. 3d 486, 488-89.) A court's discretion is usually exercised liberally to permit amendment of the pleadings, and it is a rare case in which denial of leave to amend can be justified. (See, e.g., Howard v. County of San Diego (...

Excerpt: ... amend to provide additional allegations supporting the assertion that IML is a talent agency under the Kern definition that "a talent agency is not the employer of the artist but rather the artist's agent for purposes of employment procurement with a third party employer." Consistent with Kern, Plaintiff may amend to allege in the alternative that the musicians were employees or independent contractors and have claims appropriate to those contra...

Excerpt: ...tute 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.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tr...

Excerpt: ...llowing findings: (1) [t]he party has a substantial interest in the action as a whole[;] [and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "In its discretion, the court may [] grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or conditi...

Excerpt: ...nty argues that this action should be abated in favor of its own validation action, that Plaintiffs' allegations fail to state a cause of action. Dupuis also argues that Plaintiffs' due process causes of action (the only causes of action asserted against Dupuis) fail to state a cause of action, and the County requests to join that demurrer. Plaintiffs also move to strike language from the County's demurrer. For the reasons stated below, the motio...

Excerpt: ...ed case should be abated. Validation actions under Code of Civil Procedure section 860 are proceedings against the world to adjudicate the validity of a statute when authorized by another statute. Here, the relevant statute provides that an action alleging that "a [sales] tax ordinance . . . is contested, questioned, or denied on the basis that the tax ordinance is unconstitutional or otherwise invalid and filed for the sole purpose of contesting...

Excerpt: ...eir initial Complaint against Defendants in the Superior Court of the County of San Francisco on May 2, 2017. On April 12, 2019, the parties stipulated to the transfer of the case to the Alameda County Superior Court. The subject First Amended Complaint was filed on May 19, 2020. The Court has set a jury trial on August 23, 2021. Plaintiffs have filed this action to assert their claims for damages resulting from their failed investment in the 261...

Excerpt: ...ville is a suburb of Washington, D.C. Plaintiff and Defendant do not have any serious disputes about the facts underlying Plaintiff's claims. Plaintiff purchased a vintage 1970 Chevrolet Chevelle from Defendant on May 31, 2017. Defendant is a dealer in classic automobiles. Plaintiff alleges in the Complaint that he agreed to pay $90,654.00. The cost of the vehicle included its delivery from Maryland to Plaintiff's residence in Pleasanton, Califor...

Excerpt: ...nzino v. Washington Outpatient Surgery Center, LLC (RG20067286) is decided. The Court also has discretion to stay a case in its entirety in the interest of justice. (CCP §§ 128(a), 187; Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison (1998) 18 Cal.4th 739, 758 ["The case management tools available to trial courts [includes] the inherent authority to stay an action when appropriate"]; Bailey v. Fosca Oil Co., (1963) 216 Cal.App.2d 813,...

Excerpt: ...plication for entry of judgment pursuant to the terms of the Stipulation, which the Court granted on December 17, 2020. Defendant seeks to vacate the December 17, 2020 judgment on the grounds that the Stipulation is unconscionable. In order to invalidate an agreement on the grounds of unconscionability, Defendant must show that the agreement is both procedurally and substantively unconscionable. (See Armendariz v. Foundation Health Psychare Servi...

Excerpt: ...ice of process a the address to listed on Stacklogy's most recent Statement of Information on file with the California Secretary of State to produce the following three categories of documents in Stacklogy's possession, custody or control after a diligent search and reasonable inquiry: 1. All Resume(s) of Anusha Mandadi (aka "Anu Mandadi") including all versions provided by Mandadi, and all versions sent to any end client or vendor, including ESI...

Excerpt: ...ncidents of hostile, boorish and sexist behavior while employed by Defendant, and that the supervisors and members of the human resources department failed to take the problems seriously. Plaintiff alleges that when her co-workers and supervisors learned that she was reporting their behavior, she was subjected to increased harassment from them. Plaintiff filed her Complaint on July 2, 2020. Plaintiff served Defendant with the summons by notice an...

Excerpt: ...tract, breach of contract in fact, breach of the warranty of habitability implied, breach of habitability in tort, Breach of covenant of good faith and fair dealing , breach of covenant of quiet enjoyment, breach of civil code sections 1941, 1941.1, 1942.4 and 1942.5, breach of business and professions code section 17200, et seq., as well as claims for punitive damages, attorney's fees, and other damages, the court orders as follows: The motion i...

Excerpt: ...note for the balance. Plaintiff's action is not based on Defendant's failure to pay the acquisition price. Instead, Plaintiff claims that Defendant has taken positions in connection with the calculation and payment of the Closing Working Capital that it knows have no merit simply to delay payment of the $1,800,000 owed after the Post-Closing Adjustment was made. The Court notes at the outset that it is required to accept Plaintiff's well-pled all...

Excerpt: ... LAW "[T]he court, upon motion reasonably made by [a party] . . . may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders." (CCP § 1987.1(a).) "In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the righ...

Excerpt: ...aana Technologies, LLC, for $746,555.10. The court found that the stipulation of settlement did not permit entry of judgment against Yanna's CEO, Puri. On 8/12/19, Plaintiff MacFarlane filed a request for dismissal without prejudice as to Puri. The Motion of MacFarlane to amend judgment is GRANTED as to Puri. The Motion of MacFarlane to amend judgment is DENIED as to Yaana, Inc., and Yaana Solutions, LLC. (R-2224769) "The authority of a court to ...

Excerpt: ...r waive their right to appear at the final approval hearing. The Court will not order that absent class members, most of whom may be unrepresented by counsel, waive their rights to appear by failing to properly file and serve a detailed written statement. The settlement agreement and proposed notice to class members should reflect that a failure to submit a written objection does not waive a class member's right to orally object at the final appr...

Excerpt: ...January 15, 2021 but has not answered the Complaint or otherwise appeared in this litigation. The Court will not approve a settlement when its personal jurisdiction over a settling defendant is not clearly established. Jurisdiction is fundamental to the Court's ability to make factual findings that a proposed class settlement is fair, reasonable, or adequate. The Court will therefore await Jointek's joinder to the case before making those finding...

Excerpt: ...ms will be dismissed without prejudice. The Court's task is to evaluate the proposed settlement under PAGA. PAGA actions are similar to qui tam proceedings in that plaintiffs seek civil penalties that would otherwise be recoverable by the 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 agg...

Excerpt: ...n for Negligent Hiring, Retention and Supervision WITHOUT LEAVE TO AMEND. Plaintiff may file and serve a Second Amended Complaint no later than Friday, March 19, 2021. This tentative ruling will automatically become the Court's final order on Tuesday, March 2, 2021 unless, by no later than 4:00 p.m. on Monday, March 1, 2021 a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel o...

Excerpt: ...esired result. The attorney's billings were inadequate and did not conform to B&P 6148. Plaintiff asserts claims for (1) breach of written contract, (2) professional negligence; (3) breach of fiduciary duty; and (4) negligence. REQUEST FOR JUDICAL NOTICE The request of defendant for judicial notice is DENIED. When the items sought to be judicially noticed raise potential factual conflicts, it is inappropriate to take judicial notice on a demurrer...