Excerpt: ... harassment claims against Defendant, his former employer. STANDARD OF LAW On a Motion to Seal Records under CRC Rule 2.551, the following rules from CRC Rule 2.550 apply: (d) Express factual findings required to seal records The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding inter...

Excerpt: ... law claims for negligence and premises liability. Defendant Alameda Health System thereafter answered the Complaint on December 23, 2019. This is a personal injury action. According to the Complaint, Plaintiffs were stabbed by Defendant Derrian Germon when they went to Highland Hospital to visit Naomi Schneider, the mother of Mira and Lia, on March 24, 2019. In October 2020, Plaintiffs served Defendant Germon with the summons at Santa Rita Jail....

Excerpt: ...int of the Roman Catholic Welfare Corp (Owner) filed 6/12/18 asserts claims against Contractor arising from the large scale remodeling of St Theresa School. (Cpt para 8-10.) The contract has an indemnity provision where Contractor agrees to indemnify Owner against claims arising from the performance of the work that are "attributable to bodily injury, sickness, disease, or death, or injury to or destruction of tangible property (other than the Wo...

Excerpt: ...aintiff's Second Amended Complaint ("SAC") alleges that in 2013, the Tang Defendants approached Plaintiff to enter into an oral partnership with them to purchase a property at 1800-1806 E. 24th Street, Oakland (the "Subject Property"), a four-unit residential rental property. The deal, regarding which the parties do not appear to dispute, was that Plaintiff would get a 25% ownership interest in the Subject Property and the Tang Defendants would g...

Excerpt: ...Court has considered (1) the relative strength of the Plaintiffs' case; (2) the high risk, expense, complexity, and likely duration of further litigation of this dispute; (3) the high risk of maintaining class status through trial; (4) the relatively generous amount offered in settlement; (5) the extent of discovery completed and stage of the proceedings; (6) the experience and views of counsel that settlement is reasonable; and (7) the lack of a...

Excerpt: ...ices did not provide for meal periods, rest periods, overtime wages, and so on, without specifically identifying the offending policies or otherwise alleging what those policies provided. A complaint need only "set forth the essential facts of the plaintiff's case with reasonable precision and with particularity sufficient to acquaint the defendant with the nature, source, and extent of the plaintiff's claim." (Prue v. Brady Company/San Diego, In...

Excerpt: ...ons are the basis for this action, in which Black seeks civil penalties on behalf of the State under the Labor Code Private Attorneys General Act of 2004 ("PAGA") (Lab. Code §§ 2698 et seq.). Plaintiff sought a preliminary injunction from this Court to enjoin the proceedings in arbitration. On July 7, 2020, before that motion came for hearing, Defendants voluntarily dismissed their arbitration demand without prejudice. After the dismissal, Blac...

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: ...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 hearing. If not timely contested, and the tentative ruling will becom...

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: ...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: ... 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: ...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: ...later than thirty-five (35) days from the date of entry of this Order, unless the parties mutually agree in writing otherwise. This tentative ruling will automatically become the Court's final order on Friday, February 19, 2021 unless, by no later than 4:00 p.m. on Thursday, February 18, 2021, a party to the action notifies both: (1) the Court by emailing [email protected]; and (2) all opposing counsel or self-represented parties, tha...

Excerpt: ...ation") Motion for Summary Judgment is GRANTED. STANDARD OF LAW "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....

Excerpt: ... or have appeared at the time the Motion was filed, as expressly required by CCP § 36(c)(1). Rather than deny without prejudice, the Court will allow Plaintiffs an opportunity to correct this procedural error, if they can do so. STANDARD OF LAW "A party 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 substan...

Excerpt: ...ended responses have been served or will be served. Courtesy copies of the status report or reports should be emailed to Department 514 at the time of filing. If the parties are able to resolve their dispute, Plaintiffs should contact the Court promptly to take the motion off calendar. BACKGROUND Plaintiffs commenced this action on February 24, 2020 for alleged violations of the Song-Beverly Consumer Warranty Act, Civil Code section 1790, et seq....

Excerpt: ...ions, and motions to compel discovery, for late submissions of expert lists, and to compel expert depositions, and to serve a demand for disclosure of experts, to exchange expert lists, to complete discovery, and to complete depositions of non-supplemental experts, prior to trial are hereby extended and will now be based on the new trial date. STANDARD OF LAW "To ensure the prompt disposition of civil cases, the dates assigned for a trial are fir...

Excerpt: ...eneral Standards Resolution of a special motion to strike pursuant to Code of Civil Procedure (C.C.P.) section 425.16 involves two steps. In the first step, the defendant has the burden to demonstrate that the challenged claims against defendant arise "from any act of that person in furtherance of the person's right of petition or free speech ... in connection with a public issue." (C.C.P. § 425.16(b)(1).) Such protected acts are further defined...

Excerpt: ...d Demo's request for attorney's fees, not on the grounds that the fees incurred were unreasonable, but that Defendants were not entitled to fees related to Plaintiff's appeal of the anti- SLAPP motion. First, Plaintiff appears to argue that because the Court of Appeal did not specifically mention in their order that Defendants were entitled to fees and therefore the recovery of fees are precluded. Based on the case law, this is not an accurate re...

Excerpt: ...Complaint that he heard "abnormal noises on three occasions," and that some interior components are defective. Plaintiff claims that Defendant's authorized repair technicians were not able to resolve the problems despite having four opportunities to do so. Defendant has adequately shown that Plaintiff Shafran agreed to the terms of the Tesla Motor Vehicle Order Agreement on October 1, 2019. The Owner Advisor that assisted Plaintiff with the confi...

Excerpt: ...and for Production of Documents (Set One), on Plaintiffs. When responses were not timely served, Ukoha-Ajike's counsel granted an extension and sent meet and confer letters that went unanswered. As responses have not been timely provided, any objections to the discovery requests have been waived. (CCP §§ 2031.300(a), 2030.290(a).) In opposition, Plaintiffs' counsel states that due to settlement discussions, counsel's failure to calendar discove...

Excerpt: ...hat the accident occurred well after sunset because Plaintiffs were on a post-dinner walk. Plaintiffs were walking within a crosswalk. Plaintiffs had activated the warning light to alert cars on Driscoll Road that someone was crossing the street within the crosswalk. Defendant Chang struck one or both Plaintiffs with her vehicle. Plaintiffs contend that Defendant was using her cell phone and not paying attention to her surroundings. Plaintiffs ha...

Excerpt: ...d's locked vehicle and stole camera equipment worth approximately $91,004.00. After Plaintiff paid its insured on the property loss claim, it became subrogated to its right to assert a claim against Defendant landlord. Plaintiff asserts two causes of action against Defendant in its Complaint. Plaintiff's First Cause of Action is for Negligence. The Second Cause of Action, entitled "Res Ipsa Loquitur," is not in fact a cause of action but is inste...