Excerpt: ...f Action for Rescission of Written Contract WITHOUT LEAVE TO AMEND. The Court GRANTS IN PART WITH LEAVE TO AMEND and DENIES IN PART Plaintiff's Motion to Strike. Defendant may file and serve an Amended Cross-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 ...

Excerpt: ...a.courts.ca.gov and provide notice to all counsel of the intent to contest the tentative order. ANY REQUESTED HEARING WILL BE CONDUCTED ON WEDNESDAY, March 3, 2021 at 3:00 p.m. in Dept. 19 and 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 ...

Excerpt: ... Deponent to pay monetary sanctions to Defendant in the amount of $750 payable no later than Friday, April 27, 2021; however, such monetary sanctions will be due and payable ONLY IF Deponent's deposition and document production have NOT been completed by Friday, April 16, 2021, or on such later date as mutually agreed to by Defendant and Deponent in writing no later than April 16, 2021. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LAT...

Excerpt: ...missal was in error or who was responsible for the error, such that the Court could properly determine that Plaintiff brings this Motion within a reasonable time of learning of the mistake and is entitled to the relief requested. If any party wishes to contest this Tentative Ruling, no later than 4:00 PM on Thursday, February 25, 2021, contesting party must email [email protected] and provide notice to all counsel via File&ServeXpress ...

Excerpt: ...ay obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action . . . if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence." (CCP § 2017.010.) "[S]tatutes governing discovery 'must be construed liberally in favor of disclosure unless the request is clearly improper by virtue of well-established causes ...

Excerpt: ...al injuries when her bus was struck from behind by a vehicle driven by Defendant Calhoun on San Pablo Avenue, in Berkeley. Plaintiff's action was consolidated for all purposes with an earlier filed action filed by the Alameda-Contra Costa Transit District on December 12, 2019 to recover some or all of the amounts it paid to Plaintiff Gates in worker's compensation benefits. Counsel for Defendants has been attempting to take Plaintiff's deposition...

Excerpt: ...ed, that is relevant to the subject matter involved in the pending action . . . if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence." (CCP § 2017.010.) "[S]tatutes governing discovery 'must be construed liberally in favor of disclosure unless the request is clearly improper by virtue of well-established causes for denial.'" (Yelp, Inc., 17 Cal. App. 5th at 15 [int...

Excerpt: ... costs of up to $25,000, a service award of $10,000 for the class representative, a net PAGA payment of $30,000, and settlement administration costs of $8,500. After these expenses, the class would get $186,500. The average payout per class members would be $402. There were 8,053 allegedly inaccurate wage statements. This is $48.50 gross and $23.15 net per allegedly inaccurate wage statement The proposed class notice form and procedure are adequa...

Excerpt: ...RDS 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. [Citation.] We also consider matters which may be judicially noticed. [Citation.] Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation.]" (Blank v. Kirwan (1985) 39 Cal.3...

Excerpt: ...20. On November 23, 2020, prior to Defendant making an appearance, Plaintiff filed the operative First Amended Complaint on behalf of himself and other allegedly aggrieved employees for civil penalties pursuant to Labor Code § 2699. Plaintiff alleges in the First Amended Complaint that he exhausted his administrative remedies by giving notice of his claim to the Labor and Workforce Development Agency. In paragraph 7, Plaintiff prays for an award...

Excerpt: ...d the Verified Amended Answer of Permobil, Inc. to the Fifth Amended Complaint filed on January 8, 2021. Plaintiff requests the Court to sustain its demurrer to Defendant's denials of his allegations in paragraphs 60-63, 83-84, 87-89, 91-93, and 96-97 of the Verified Fifth Amended Complaint. Plaintiff argues in his demurrer that Defendant had an obligation to deny each allegation positively or according to its information and belief because the a...

Excerpt: ... tips and did not let the staff retain the tips. (1AC, para 13.) The 1AC asserts claims for (1) money had and received, (2) conversion, (3) intentional interference with economic relations, (4) Constitutional claims based on (a) unreasonable search and seizure and (b) due process. ORDER FIRST CAUSE OF ACTION - MONEY HAD AND RECIEVED The demurrer to the first cause of action for the common count of money had and received is SUSTAINED WITH LEAVE TO...

Excerpt: ... claims are based on two practices. First, there are claims relating to nerve blocks. Sutter has a business practice of placing patients in operating rooms to perform nerve blocks. Sutter then charges for operating room time at NUBC revenue code 36x. Under the NUMC Manual, revenue code 36x is applicable only to "charges for services [related to] the performance of surgical and related procedures during and immediately after surgery as well as the...

Excerpt: ...20. On November 23, 2020, prior to Defendant making an appearance, Plaintiff filed the operative First Amended Complaint on behalf of himself and other allegedly aggrieved employees for civil penalties pursuant to Labor Code § 2699. Plaintiff alleges in the First Amended Complaint that he exhausted his administrative remedies by giving notice of his claim to the Labor and Workforce Development Agency. In paragraph 7, Plaintiff prays for an award...

Excerpt: ...ions. There are approximately 196 members of the class. The claims against the settling defendants preliminarily settled for a total of $150,000. The settlement agreement states there will be attorneys' fees and cost of up to $45,000 (30%), costs of up to $16,000, a service award of $10,000 each for the two class representative, a net PAGA payment of $5,625, and settlement administration costs of up to $12,000. After these expenses, the class wou...

Excerpt: ...of up to $71,666.67 (33%), costs of up to $20,000, a service award of $2,500 for the class representative, a net PAGA payment of $6,000, and settlement administration costs of up to $10,000. After these expenses, the class would get approximately $102,833. The average payout per class members would be approximately $562. The settlement was mediated with the assistance of Steve Pearl. The court gives "considerable weight to the competency and inte...

Excerpt: ...uraged from giving multiple extensions of time to file a motion to compel instead of dealing substantively with the dispute as early as possible. The Court will not grant Plaintiff's request for an award of discovery sanctions because her attorneys did not comply with their obligation to make a reasonable and good faith attempt to resolve each disputed issue prior to filing the motion on December 18, 2020. See CCP § 2016.040 (facts showing that ...

Excerpt: ...ly support its defenses or affirmative defenses in this case. Sutter indicated it was going to produce 65 documents. (Kelly Dec. Exh 6.) Sutter gave notice to Blue Shield. Blue Shield objects to Sutter producing the arbitration documents. The court provided its initial thoughts in a series of informal discovery conference emails dated 11/21/19, 12/3/19, 10/21/20, and 11/12/20. (CCP 2016.080.) The informal discovery conference emails were informal...

Excerpt: ... has not waived its sovereign immunity under the Eleventh Amendment to the United States Constitution and that Defendant is not judicially estopped from asserting its Sovereign Immunity based on positions the State took in Stoetzl v. Calif. Dept. of Human Resources (2019) 7 Cal.5th 718. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, February 23, 2020, the contesting party must email [email protected]....

Excerpt: ... by Defendant to the First Amended Complaint and Second Amended Complaint. Plaintiff's daughter, 19-year-old Rusamie "Ashly" Phong Phoumy ("Ashly") was killed with a knife by Defendant's half-brother, Abdol Ali Omar, on the morning of November 30, 2014, at Defendant's business, Oakland Market. Defendant contends in his motion that the Court should grant summary judgment because he owed no duty to Ashly to protect her from an unforeseeable attack ...

Excerpt: ...rovide 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. ANALYSIS OF MOTION The parties do not...

Excerpt: ...s' claims are based on their purchase of Defendants' property located at 6450 Oakwood Drive, in Oakland, on January 30, 2019. Plaintiffs were in the market for a house in the San Francisco Bay Area because Plaintiff Vessere had accepted a job offer in the area. Plaintiffs were living in Canada when they contacted local realtor Raymond Markarian. Mr. Markarian's agency is Marker Real Estate. Plaintiffs allege in the Complaint that Defendant Markar...

Excerpt: ...t (2018) 28 Cal.App.5th 1146, 1156-1158, the court of appeal held that the Legislature did not intend to permit defendants and cross-defendants to file anti-SLAPP motions in limited civil cases when it enacted Section 425.16 in 1992. Defendant then immediately filed another anti-SLAPP motion even though the case is still classified as a limited civil case. Plaintiff cannot convert a limited civil case to an unlimited case simply by adding a praye...

Excerpt: ...clad or its affiliated witnesses, the motion is denied. To the extent that Metalclad asserts that Plaintiffs should only recover its costs from Defendant pro rata according to its share of fault or its proportion of Plaintiffs' total recovery, the motion is also denied. Plaintiffs asserted and proved liability against defendants as joint and several tortfeasors and Plaintiffs' investigation of all potential sources of exposure was reasonably nece...

Excerpt: ...erned about the untimeliness of the papers filed in opposition to the motion, the Court exercises its discretion to consider the late-filed papers. (See Hobson v. Raychem Corp. (1999) 73 Cal.App.4th 614, 625).) STANDARD OF 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, includi...