Excerpt: ...eto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists," except under certain situations outlined by statute. (CCP § 1281.2.) The Court will not order arbitration of the controversy if: (a) the right to compel arbitration has been waived by the petitioner; (b) grounds exist for the revocation of the agre...

Excerpt: ...aint and in her opposition that she identifies as Hispanic and Latino. Although Plaintiff was born in Mexico, she has lived in Lake County for many years and is fluent in Spanish and English. Defendant NUHW represents about 15,000 healthcare workers holding various positions in California. Defendant NUHW hired Plaintiff as an internal union organizer in September 2015. Plaintiff testified that her responsibility was to generate more enthusiasm fo...

Excerpt: ...at evidence of communications made during the course of the DRA Process is not precluded by § 1119 et seq. A mediation is a process in which a neutral person facilitates communications between disputants to assist them in reaching a mutually acceptable agreement. (See Evidence Code § 1115(a).) A mediation generally takes one of two forms. In a classic mediation, the mediator meets directly with the parties to facilitate negotiation. (See, e.g.,...

Excerpt: ...s: . . . [w]hen it appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually," "[w]hen pecuniary compensation would not afford adequate relief," and/or "[w]here it would be extremely difficult to ascertain the amount of compensation which would afford adequate relief....

Excerpt: ...t 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 become the final order of the C...

Excerpt: ...er fire-fighter who was terminated by defendant Alameda County Fire Department ("Defendant") in November 2018. Defendant contends that Plaintiff was terminated for violations of Defendant's workplace violence policy. Plaintiff alleges that the reasons given for the termination were pretextual. Defendant seeks to have the following language added to the Protective Order entered by the Court on 6/11/2020: "Plaintiff and anyone on his behalf, shall ...

Excerpt: ... services, provided they were of direct benefit to the defendant. The burden is on the person making the quantum meruit claim to show the value of the services. The "reasonable value" of the services has been described as the "going rate" for the services or the "reasonable market value at the current market prices" (Children's Hospital Central California v. Blue Cross of California (2014) 226 Cal.App.4th 1260, 1274.) Anthem served discovery conc...

Excerpt: ...have recorded the deed of trust that give rise to Larry Hester's slander of title claim or to have committed any other act that constitutes slander of title. The demurrer by FNTC is OVERRULED. Larry Hester alleges that FNTC recorded a deed of trust executed by Michael Hester as trustor in favor of Ryan Alexander as beneficiary, knowing that Michael Hester had no interest in the subject real property that would allow such a recording. (See First A...

Excerpt: ...TENTATIVE RULING, NO LATER than 4:00 p.m. on Tuesday, 2/9/2021, 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...

Excerpt: ...t 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 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. (S...

Excerpt: ...e prepared to discuss the length of the continuance in light of the 5/3/2021 trial date in this action and the specific jurisdictional discovery Plaintiff wishes to conduct. The Tuesday, 2/9/2021 at 3:00 p.m. hearing will be conducted via COURTCALL. RELEVANT EVIDENCE In its Moving papers, Navistar initially points out that Plaintiff's Complaint specifically alleges at pp. 2:2-6 and 2:27-3:1, that Plaintiff was exposed to asbestos in the 1950's an...

Excerpt: ...than 4:00 PM ONE on Monday, February 8, 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 a hearing is requested, the hearing will be conducted via COURTCALL. If not timely contested, and the tentative ruling will become the final order of the Court. RELEVANT EVIDENCE In its Moving papers, Honeywell initially points out that Plain...

Excerpt: ...nts motion for class certification (4 and ½ years after case filed); On 1/24/20, Judge Seligman order establishes 9/10/20 as five-year rule deadline; On 1/24/20, Judge Seligman sets trial for 8/24/20; On 5/27/20, Judge Seligman re-sets trial to 11/30/20. On 9/24/20, the parties file a stipulation setting the discovery cut off for lay witnesses for 1/8/21 and for expert witnesses for 1/25/21. The stipulation did not address written discovery or m...

Excerpt: ...�§473.5, 473(b), (d).) Accordingly, the entry of default entered on June 19, 2020 against Defendants Biotree HealthCare Partners Limited, Biotree Harmony Limited, Hao Zhou is hereby SET ASIDE. Defendants shall file their proposed answer and cross-complaint in the form attached as Exhibit 1 to the Declaration of Bing Zang Ryan in support of Defendants' Reply. The answer and cross-complaint shall be filed by February 19, 2021 and served forthwith....

Excerpt: ... assertion made by defense counsel. In Brousseau v. Jarrett (1977) 73 Cal.App.3d 864, 872, the court of appeal specifically declined to determine whether the plaintiff alleged sufficient facts to support a prayer for punitive damages because it agreed with the holding of the trial judge that the so-called "Second Count" was not an adequately pled cause of action. The court reviewed the case after the trial judge sustained the defendant's demurrer...

Excerpt: ... Mann decided that further exploration of the foot would not be useful. (UMF 13.) Following the surgery, plaintiff observed that the incision was not in the expected location and was larger than expected. Plaintiff reported pain in her left foot. (UMF 14, 15.) EXPERT EVIDENCE / BURDEN SHIFTING "[W]hen considering the declarations of the parties' experts, [the court must] liberally construe the declarations for the plaintiff's experts and resolve ...

Excerpt: ...lowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation" and "shall be reasonable in amount." (CCP §§ 1033.5(c)(2)-(3).) First, Plaintiff challenges $32,940.66 incurred by Defendant for 17 depositions. Plaintiff argues that those costs are not recoverable due to the fact that Defendant recovered only $8 for its cross-claims compared to the Code of Civil Procedur...

Excerpt: ... award of attorneys' fees in this case. The Court rejects Plaintiff's argument in his opposition brief that Plaintiff could recover attorneys' fees against Defendant under the doctrine of the tort of another. The tort of another doctrine permits a plaintiff to recover attorneys' fees incurred where the tort of "another" requires the plaintiff to bring or defend an action against a "third person" to protect his interests. Here, Defendant is both t...

Excerpt: ...This case involves a dispute between Defendant Huang and her former attorney, Linda Shao, of Shao Law Firm. Plaintiff represented Defendant in litigation involving a business dispute in this Court. That case was assigned case number RG16804034. Plaintiff caused Defendant to be personally served with the summons on July 10, 2020. Counsel for Defendant states that his client told him that she was served on July 15, 2020. Based on this information, ...

Excerpt: ...ed an extremely lengthy separate statement identifying 80 undisputed material facts in support of its motion for summary adjudication for two causes of action. After reviewing the "material facts" the court finds that the majority of the material facts are not in fact "material facts" but rather facts that are irrelevant. Given the number of facts, the court is unable to easily determine the material facts, as is the purpose of the separate state...

Excerpt: ...orporate opportunity; and (6) corporate derivative action. In paragraph 4 of the Complaint, Plaintiff alleges that Defendant Pudas was a member of the board of directors of Clean Battery Recycling, Inc., a California corporation, and the company's Chief Executive Officer. Defendant Pudas was also alleged to be the chairman of the board and Chief Executive Officer of Defendant Akkuser Oy. Clean Battery Recycling, Inc. was incorporated on or about ...

Excerpt: ...tortfeasors or co-obligors, upon giving notice[.]" (CCP § 877.6(a).) "A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault." (CCP § 877.6(c).) To determine whether a settlement i...

Excerpt: ...nt or admitted liability to Plaintiff. Second, Plaintiff must allege, if possible, that he justifiably relied on Defendant's alleged misrepresentation to his detriment. Plaintiff does not allege that Defendant made any misrepresentation to him; he alleges that she made a misrepresentation about the cause of the accident to her own insurance company. Plaintiff does not allege that he relied on Defendant's purported misrepresentation to her own ins...

Excerpt: ...they allege facts supporting each element of the claim with specificity. See CACI No. 1900; Lazar v. Superior Court (1996) 12 Cal.4th 631, 645; and Tarmann v. State Farm Mut. Auto. Ins. Co. (1991) 2 Cal.App.4th 153, 157. Plaintiffs are required to provide some details regarding statements made to them by Defendant Wright regarding his agreement to disburse to them the $200,000.00 loan and the $50,000.00 in interest from the gate receipts as a lin...

Excerpt: ...iff's venue selection is not proper under any of the statutory grounds." (Id.) "In opposing the motion to change venue, '[t]he plaintiff may bolster his or her choice of venue with counter affidavits consistent with the complaint's theory of the type of action but amplifying the allegations relied upon for venue.'" (Id.) The general venue statute states that "[e]xcept as otherwise provided by law and subject to the power of the court to transfer ...