Excerpt: ... Friday, October 8, 2021. This tentative ruling will automatically become the Court's final order on Friday, September 17, 2021 unless, by no later than 4:00 p.m. on Thursday, September 17, 2021 a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, a...

Excerpt: ...led in this case), they understood from communications with Plaintiff's agents that Plaintiff had not yet filed a lawsuit and would only do so if the parties could not otherwise resolve the matter. (See the emails from Plaintiff's agents attached to the declaration of Jim Min Chen.) Those emails can reasonably be understood as indicating that Plaintiff had not yet filed the lawsuit, which was false. In addition, Plaintiff presents no evidence tha...

Excerpt: ... or class claims against Aya Healthcare in this action. Defendant filed its Answer in January 2019. Defendant is a nationwide healthcare staffing company headquartered in San Diego, California. Defendant assigns its Registered Nurses, Licensed Vocational Nurses and Certified Nursing Assistants to facilities on temporary assignments throughout the United States. The case was reassigned to Department 517 on February 20, 2019, after Plaintiff's requ...

Excerpt: .... v. Affiliated Psychiatric Medical Clinic, Inc. (1989) 48 Cal.3d 583, 588 (claim is co-extensive with claim of simple negligence). The Court agrees with Defendant's contention that Plaintiff's Second Cause of Action, as currently pled, is duplicative of Plaintiff's First Cause of Action. See Rodrigues v. Campbell Industries (1978) 87 Cal.App.3d 494, 501 (court may strike duplicative causes of action that add nothing to what is already pled). Pla...

Excerpt: ...provision cited by Plaintiff's attorney prohibits landlords from reporting or threatening to report individuals to immigration authorities. The First Amended Complaint includes no allegations concerning the immigration status of anyone involved in the case. Plaintiff is hereby granted leave to allege a claim for retaliation under a different provision of section 1942.5. 2. Defendants' demurrer to Plaintiff's Tenth Cause of Action for Constructive...

Excerpt: ...e El Escorial Owners' Assn. v. DLC Plasterers Inc. (2007) 154 Cal.App.4th 1337, 1348-1349.) The demurrer to the Seventh Cause of Action for Intentional Infliction of Emotional Distress is OVERRULED. Plaintiffs allege that they reached a written agreement with Defendants authorizing Defendants to engage in construction activities using the airspace above Plaintiffs' property, pursuant to which Defendants could move the swing radius of cranes in th...

Excerpt: ...ither his son, Sterling B. Smith II, nor Ms. Jones, are named as plaintiffs in this case. In view of this unambiguous concession, the Court declines to order Plaintiff to redact references to them. Defendant's motion to strike is granted as to Plaintiff's claim for an award of punitive damages. As Defendant is a healthcare provider as defined by MICRA, Plaintiff is required to file a motion for leave to include such a claim in this case. See CCP ...

Excerpt: ... 8-31.) Although SLG argues that the opinions of Hansen are "not based on reliable information", SLG has not filed any evidentiary objections to Hansen's declaration in compliance with California Rules of Court, Rule 3.1354. In its reply brief, SLG repeatedly refers to statements by Plaintiff Chris Malki as "untruths", "self-serving", "falsehoods", or "lies". Summary judgment cannot be granted or denied based on the credibility (or alleged lack t...

Excerpt: ...on agreement, and (3) Plaintiff worked for Defendant for at least one year. A claim for breach of covenant of good faith and fair dealing presupposes the existence of a valid, enforceable contract between the parties. Where the terms of an agreement are left for future determination, no contract exists until that determination is made. Here, it is questionable whether a purported agreement that Plaintiff would be given an option to purchase stock...

Excerpt: ...t of up to $16,666 (33%), costs of up to $3,000, a service award of $5,000 for the class representative, a net PAGA payment of $750, and settlement administration costs of up to $2,500. After these expenses of approximately $28,000, the class would get $22,000. The average payout per class members would be $850. The proposed class notice form and procedure are adequate. There were no objections and one opt out. The proposed class is appropriate f...

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...

Excerpt: ...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 on September 15, 2021 at 3 p.m.. 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. LEGA...

Excerpt: ...or otherwise . . . between you and us or our employees, agents, successor or assigns, which arises out of or relates to your credit application, purchase or condition of this vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) . . . " Hyundai, alleged to be the manufacturer or distributor of Plaintiff's vehicle (see Complaint, paragraph 9), is not a...

Excerpt: ... PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Friday, September 10, 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 hearing will be conducted on Wednesday, September 15, 2021 at 3:00 p.m....

Excerpt: ...App.4th 1023. Further, the Court finds that under Kaiser Foundation Hospitals v. Sup.Ct. (1998) 66 Cal.App.4th 1217, Defendant has not waived attorney-client privilege as to these emails, at least so long as attorney Sperry has already produced his investigative report and the materials he relied upon in preparing his investigative report, including his notes. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Friday, ...

Excerpt: ...., Case No. CGC-18-568984), which, like this action, seeks only civil penalties on behalf of the state Labor and Workforce Development Agency pursuant to the Labor Code Privat Attorneys General Act of 2004 ("PAGA") (Lab. Code, §§ 2698 et seq.). Although filed in the Superior Court for the City and County of San Francisco, it is currently part of a coordinated proceeding, Mercy Housing Wage and Hour Cases (Judicial Council Coordination Proceedin...

Excerpt: ... to Plaintiff Schaeffer Ranch Homeowners' Association ("Plaintiff") within thirty (30) days of the date on which Plaintiff serves Defendants with and files with the Court a Notice of Entry of the Final Order on this Motion. This tentative order may be contested at the resumption of the trial on Tuesday September 14, 2021 at 9 a.m. If not timely contested, and the tentative ruling will become the final order of the Court. ANALYSIS OF MOTION Defend...

Excerpt: ...uments regarding dates Plaintiff took Ms. Mai to appointments and other specific information regarding Ms. Mai's medical diagnosis. Defendant has objected to the requests on the grounds that it violates Ms. Mai's right to privacy. The court agrees. The Court must "place the burden on the party asserting a privacy interest to establish its extent and the seriousness of the prospective invasion, and against that showing must weigh the countervailin...

Excerpt: ...� Prelim. L-1.) Plaintiffs' First Amended Complaint alleges causes of action for general negligence, premises liability, negligent infliction of emotional distress, and negligence per se against Defendant. (Plaintiff's First Amended Complaint.) Mr. Ramirez, a licensed electrical contractor, was hired by Freeway Insurance Services to remove the electric "Freeway Insurance" sign after it had terminated its lease and began to vacate the leased premi...

Excerpt: ...ecome the Court's final order on Tuesday, September 14, 2021 unless, by no later than 4:00 p.m. on Monday, September 13, 2021 a party to the action notifies both (1) the Court by emailing [email protected], and (2) 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 c...

Excerpt: ...ding without limitation any motion practice in connection with Plaintiffs' pending written discovery requests. Once this written discovery has been completed, RSCC may bring a renewed Motion for Protective Order. LAW RE: ATTORNEY-CLIENT AND ATTORNEY WORK PRODUCT PRIVILEGES AND WAIVER OF THE PRIVILEGES Cal. Evid. Code § 912(a) provides in relevant part: "[T]he right of any person to claim a privilege provided by Section 954 (lawyer- client privil...

Excerpt: ...record materials is outside the scope of discovery because not reasonably calculated to lead to the discovery of admissible evidence. But a party to an administrative record case may still use the Civil Discovery Act to discover materials if there is reason to believe they were omitted from or rightly ought to be included in the administrative record. Defendants argue that Requests 27-36 and 62-70 seek communications with Children's Hospital, dis...

Excerpt: ...thout limitation any motion practice in connection with Plaintiffs' pending written discovery requests. Once this written discovery has been completed, RSCC may bring a renewed Motion for Protective Order. LAW RE: ATTORNEY-CLIENT AND ATTORNEY WORK PRODUCT PRIVILEGES AND WAIVER OF THE PRIVILEGES Cal. Evid. Code § 912(a) provides in relevant part: "[T]he right of any person to claim a privilege provided by Section 954 (lawyer- client privilege) .....

Excerpt: ...ach of Contract and Common Counts in the First Amended Complaint filed after the Court granted in part Defendants' motion for judgment on the pleadings with leave to amend. The Court agrees with Defendants' contention that Plaintiff's motion does not comply with the procedural requirements set forth in Rule of Court 3.1324(a)(2) and (3). In addition, Plaintiff's supporting declaration does not comply with the requirements set forth in Rule of Cou...

Excerpt: ...aintiffs oppose. OVERVIEW OF ALLEGATIONS The FAC challenges that adoption of a county sales and use tax measure known as "Measure W" based on its designation on the 2020 general election ballot. Measure W allegedly received 358,123 voted in favor and 356,812 votes against. The County allegedly then declared that the measure had been passed and the tax would be adopted. Petitioners argue that Measure W is a "special tax" for purposes of California...