Excerpt: ...otion to quash service of a document subpoena. The Court agrees with Plaintiff's contention that his educational records are subject to a right of privacy. The Court, however, does not agree that Defendant may not obtain the records under any circumstances in this personal injury case involving a claim of traumatic brain injury. Defendant may obtain access to Plaintiff's records if it is able to demonstrate that they are directly relevant to the ...

Excerpt: ...malfunction caused a nauseous odor to enter the passenger compartment. Plaintiff alleges that the defect could have caused serious personal injury. Plaintiff alleges that the smell caused him to become ill. Finally, Plaintiff alleges that the dealer and manufacturer failed to offer him a replacement vehicle or other forms of restitution despite being unable to make adequate repairs to correct the problem. The Court reviews the parties' admissible...

Excerpt: ...'s memorandum does not appear to be directed to the response to form interrogatory no. 50.2. Plaintiff's counsel contends that the papers would have been clearer if defense counsel had not refused the request for a 30- day extension of time to file. This is most likely true. Plaintiff's argument is largely focused on her contention that Defendant failed to provide correct responses to written discovery and the contention that Defendant may have d...

Excerpt: ...4, 2020. Counsel indicated that they were moving the hearing date based on an agreement among all counsel. The hearing date has since been continued several times because 24 Hour Fitness USA, Inc. filed a petition for bankruptcy protection. The parties have advised the Court that the bankruptcy stay has been lifted. The Court continued the hearing from May 20, 2021 in order to obtain courtesy copies of Defendant's original papers. The Court began...

Excerpt: ...dward-Clyde & Associates (1985) 38 Cal.3d 488, 499-500. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, July 7, 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 Court will adv...

Excerpt: ... an Opposition to the Motion for Awards solely as to the $35,000 Class Representative Award. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Tuesday, July 6, 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 hearin...

Excerpt: ... Motorcars of Fremont (Fletcher Jones) with a four-year/50,000 mile "new car" warranty. Beginning on March 25, 2017, plaintiffs returned the car multiple times for repairs under the warranties, but defendants failed to repair the car. On April 19, 2021, judgment was entered for plaintiffs pursuant to a 998 offer to compromise. The judgment provided that defendant Mercedes-Benz USA (MBUSA) would pay plaintiffs $155,000. Plaintiffs were to surrende...

Excerpt: ... Opposing Defendants object to the court finding that the settlement reached between Plaintiff and the Settling Defendant is in good faith. The Settling Defendant reached the following settlements with each Plaintiff: Plaintiff Camilo Hernandez: $30,000, Plaintiff Sergio Floriano: $49,999.99, and Plaintiff Estaban Rico: $39,999,99. The Plaintiffs were allegedly injured when the concrete formwork collapsed at a construction site, causing Plaintiff...

Excerpt: ...f it is able to prove that a statute authorizes such an award and that the amount requested is reasonable. See Robertson v. Fleetwood Travel Trailers of California, Inc. (2006) 144 Cal.App.4th 785, 817-818. Moorpark has established its entitlement to make a request for reimbursement of its reasonably incurred attorney's and paralegal's fees and costs in this case. In the declarations of attorney LeRoy and paralegal Lichtenberger dated July 13, 20...

Excerpt: ...HOUT LEAVE TO AMEND. Petitioner challenges the City of Oakland's issuance of Certificates of Compliance for Alameda County Assessor Parcel Nos. 019-0102-004-00, 024-0697-007-15, 025- 0701-011-00 and 025-0707-014-02 ("Subject Parcels"). The Certificates were issued during the time that the parcels were the property of the Chapter 11 Bankruptcy Estate. Petitioner alleges in the petition that he is a resident of the County of Alameda and "was also a...

Excerpt: ...iled a class and collective action against GEICO in federal court. (Chung Dec, Exh A) On 1/27/21, plaintiff sent a PAGA letter to the LWDA regarding defendant GEICO. (Chung Dec, Exh B) On 4/9/21, plaintiff filed the complaint against GEICO asserting claims on behalf of the LWDA under Labor Code 2699 (PAGA). DEMURRER BASED ON STATUTE OF LIMITATIONS PAGA STATUTE OF LIMITATIONS - THE LAW The PAGA statute of limitations analysis concerns both (1) whe...

Excerpt: ...rer 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.3d 311, 318.) When a complaint is facially defective regarding a portion of a cause of action...

Excerpt: ...aware that the parties are scheduled to participate in a mandatory settlement conference in Department 301 on July 2, 2021. Growers Properties No. 30 had until August 14, 2019 to file the Cross-Complaint as a matter of right. See CCP § 428.50(a) (cross-complaint due at the same time that a party answers the complaint or cross-complaint of a party). The reasons for counsel's decision not to file the Cross-Complaint at that time do not support a f...

Excerpt: ...nd a 10 year/100,000 miles powertrain warranty, which covers the engine and transmission." (Complaint ¶7.) On 8/14/14, the Vehicle had a check engine light, and the dealer fixed the issue. Tilley was identified as the owner of the vehicle. (UMF 16.) Over the next 27 months the Vehicle was presented to the dealer for seven occasions. (UMF 19.) On 4/X/17, Tilley transferred the Vehicle to plaintiff. (UMF 25; DX K.) On 9/1/17, Tilley passed away. (...

Excerpt: ...esponses from Plaintiff to Form Interrogatories (Set Two) and Requests for Production of Documents (Set Two) is GRANTED. Plaintiff shall serve on Safe Auto complete, verified, code-compliant discovery responses to the subject discovery, and serve all responsive documents, no later than twenty-one days from the date of this Order. (2) Safe Auto's Motion for an Order Deeming the Truth of the Matters Specified in its Request for Admissions (Set One)...

Excerpt: ... In this case plaintiff Center for Environmental Health assets that defendants sell products that contain acrylamide or will foreseeably contain acrylamide when used, that the acrylamide is in sufficient quantities to be hazardous to health, that the products do not have adequate warnings, and that the defendants are in violation of Proposition 65 (H&S 25249.6 et seq). In California Chamber of Commerce v. Becerra, E.D. Cal. ("CalChamber") the Cal...

Excerpt: ... be "reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation," and must be reasonable in amount. (Code Civ. Proc., § 1033.5, subd. (c)(1)-(3); Charton v. Harkey (2016) 247 Cal.App.4th 730, 743.) Defendants' motion challenges Plaintiffs' costs in the following four categories: Item 2: Jury Fees of $150.00, Item 4: Deposition Costs of $2,841.90, Item 5: Service of Process fess of $1,500 ...

Excerpt: ...ults were entered on April 7, 2021, and default judgment was entered on November 22, 2017. Plaintiff's former counsel Bonnie Anderson has filed a declaration under penalty of perjury asserting that on October 5, 2017, she was contacted by attorney Leonard Becker, purporting to represent Abeles, to discuss this case. In a subsequent discussion on November 9, 2017, Becker indicated that he would consult with Abeles about Plaintiff's proposal to set...

Excerpt: ...6-1087.) Class actions cannot be dismissed without Court approval to ensure that the named plaintiff and his or her counsel have not used the threat of a class action as leverage to obtain an unreasonable settlement for the individual named plaintiff. This serves two purposes. First, this ensures that the named plaintiff and his or her counsel do not enrich themselves in violation of their fiduciary duties to the absent class members. (Pirjada v....

Excerpt: ...DENIED. The motion for summary judgment cannot be granted because Plaintiffs have not met their initial burden of making a prima facie showing that each element of the cause of action has been proved. See Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. Although Plaintiffs have provided the Court with a large volume of evidence in the form of Defendant's responses to written discovery and pleadings and orders in the earlier filed Pro...

Excerpt: ... or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . , or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs." (CCP § 437c(f)(1).) "A motion for summa...

Excerpt: ...5. Stated otherwise, "the fruits of pretrial discovery are, in the absence of a court order to the contrary, presumptively public." San Jose Mercury News, Inc. v. United States Dist. Court - N. Dist. (9th Cir. 1999) 187 F.3d 1096, 1103. In determining whether Defendants have demonstrated good cause, the Court considers whether the litigants and third parties have legitimate privacy interests, whether the interests are substantial, and whether tho...

Excerpt: ...6,655 (33%), costs of up to $22,000, a service award of $10,000 for each of the three class representatives, and settlement administration costs of up to $11,200. After these expenses of approximately $182,000, the class would get $170,000. The average payout per class member would be $240.00. The proposed class notice form and procedure are adequate. The proposed class is appropriate for class certification. The motion makes an adequate analysis...

Excerpt: ...ction for civil penalties brough the California Private Attorneys General Act ("PAGA") is time barred. The statute of limitations to assert a claim under PAGA is one year. (C.C.P. §340(a), Brown v. Ralphs Grocery Co. (2018) 28 Cal.App.5th 824, 839.) Plaintiff's last day of employment with Jechi, Inc., against whom the cause of action is alleged, was December 30, 2017. Therefore, the one-year statute of limitations would have expired on December ...

Excerpt: ...inst Plaintiff's property because he did not pay his assessments. Defendant says that Plaintiff became delinquent in 2014, and the trustee's sale was held on April 24, 2018. Plaintiff claims in the Complaint that he owed less than $1,000 in delinquent assessments as of April 2018. Plaintiff also claims that Defendant and the foreclosure trustee failed to comply with their statutory obligations in scheduling and conducting the trustee's sale. Base...

Excerpt: ...torney Yudien did not prepare and submit a declaration that complies with the requirements set forth in Rule of Court 3.1324(b). Mr. Yudien's submission of a redline version of the existing First Amended Complaint and the proposed Second Amended Complaint is not sufficient. Plaintiff's motion is substantively deficient because the proposed additional cause of action and allegations are not necessary. Plaintiff's attorney acknowledges that he does...

Excerpt: ... Amended Complaint, Plaintiff alleges that he resides at the property. On December 5, 2006, Plaintiff obtained a mortgage loan from Mortgageclose.com, Inc. in the sum of $139,000.00. The lender recorded a Deed of Trust in the Official Records of Alameda County on December 6, 2016. On August 19, 2019, an Assignment of the Deed of Trust was recorded that assigned the Deed of Trust from Mortgageclose.com, Inc. to U.S. Bank. On January 16, 2020, a Su...

Excerpt: ...rt that the unredacted documents may contain evidence regarding liability for the alleged asbestos exposure that occurred during Decedent's employment. Specifically, JKBCI speculates that the redacted information may include details regarding Decedent's job duties, work stations and job classifications that differ from Plaintiffs' allegations. Initially, Plaintiffs had objected to the approximately 450-page production of employment records obtain...

Excerpt: ...im related to workers compensation retaliation. The law on discovery of medical information is not in dispute. Disclosure of a party's medical history can be compelled with respect to those medical conditions that are in issue in a particular action but the party is "entitled to retain the confidentiality of all unrelated medical . . . treatment they may have undergone in the past." (Britt v. Superior Court (1978) 20 Cal.3d 844, 849.) The scope o...

Excerpt: ...v. Fortune Commercial Corporation (2017) 15 Cal.App.5th 214, 220, citing Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843.) Summary judgment is proper only when "there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." (Code of Civil Procedure ["CCP"] § 437c(c).) When a defendant moves for summary judgment, it is the defendant's burden as movant to show, for each caus...

Excerpt: ...tice 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. Plaintiff alleges in his Complaint he is a sea...

Excerpt: ...ions. Such discovery may include the thoroughness of the SLC's investigation into the claims against Art.com and the reasonableness of its conclusions. (See, e.g., Kaplan v. Wyatt (Del.Ch. 1984) 484 A.2d 501, 510 and Kahn v. Kolberg Kravis Roberts & Co. LP (Del. 2011) 23 A.3d 831, 836-837, 842.) As to Plaintiffs' request for a further response to Deposition Question No. 1 (as set forth in Plaintiffs' Separate Statement), Plaintiffs' motion is DEN...

Excerpt: ...ents by misrepresenting that if she stopped making her payments, she could apply for and receive a fixed interest rate loan modification. As a result, Plaintiff was induced to default on her loan and now faces nonjudicial foreclosure. (See Plaintiff's Additional Facts ("AF") Nos. 5-7 and the evidence cited in support, including Plaintiff's declaration at paragraph 8.) Plaintiff's declaration does not consist of "mere speculation and conjecture", ...

Excerpt: ...leges that Defendants "knew or should have known that she was a subtenant and approved and or ratified the sublease agreement", but she does not allege that Defendants authorized Plaintiff's subtenancy in writing. Plaintiff alleges that Defendants have interfered with her purported right to possession of the subject property in four ways. First, Defendants and/or their agents harassed Plaintiff by demanding that she pay rent, calling her a "crook...

Excerpt: ...PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, June 22, 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 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 C...

Excerpt: ...ponsible for the substantial increase in the amount of the IRS lien on the property. Although the IRS tax lien was recorded in the Alameda County Recorder's Office, Plaintiff claims it was not aware of its existence until approximately 18 months after the trustee's sale. Plaintiff asserts that Defendant had a statutory duty to inform the IRS of the sale so that the agency could present its claim for payoff. Defendant essentially asserts that the ...

Excerpt: ...Oakland filed an answer on June 11, 2021.The parties appear to have been in communication throughout this process. The policy of the state favors resolution of disputes on their merits. Because Oakland has filed its answer, the motion is DENIED. The Court further notes that the communications between the parties regarding this default were rather mercenary and sought to create a litigation advantage through procedure. This unnecessarily mercenary...

Excerpt: ...aw. [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.3d 311, 318.) "Liberality in permitting amendment is the rule, if a fair opportunity to correct any defect has not been given." (Angie M. v. Superior Court (1995) 37 Cal.App.4th 1217, 1227.) For the Court t...

Excerpt: ...f Contract, is OVERRULED as to Saybrook, and SUSTAINED WITHOUT LEAVE TO AMEND for failure to state a cause to defendant TCS. As discussed in the three earlier demurrers to the Complaint and First Amended Complaint, Plaintiff's First Cause of Action for Breach of Contract alleges breach of his written Faculty Appointment Contract, which had a one-year term that expired on May 31, 2019. Employment under the Contract was at will. Language in para. 5...

Excerpt: ... Motorcars of Fremont (Fletcher Jones) with a four-year/50,000 mile "new car" warranty. Beginning on March 25, 2017, plaintiffs returned the car multiple times for repairs under the warranties, but defendants failed to repair the car. On April 19, 2021, judgment was entered for plaintiffs pursuant to a 998 offer to compromise. The judgment provided that defendant Mercedes-Benz USA (MBUSA) would pay plaintiffs $155,000. Plaintiffs were to surrende...

Excerpt: ...torney Yudien did not prepare and submit a declaration that complies with the requirements set forth in Rule of Court 3.1324(b). Mr. Yudien's submission of a redline version of the existing First Amended Complaint and the proposed Second Amended Complaint is not sufficient. Plaintiff's motion is substantively deficient because the proposed additional cause of action and allegations are not necessary. Plaintiff's attorney acknowledges that he does...

Excerpt: ...ctual indemnification agreement. Procedurally, the Vintage motion is styled as a motion for summary adjudication, but it fails to distinguish between the five causes of action in the Vintage cross- complaint. The court considers the motion as it would a motion for summary judgment. Substantively, the Vintage motion for summary judgment seeking indemnification for the costs of defending this action is denied. Vintage has not presented any evidence...

Excerpt: ...nvestigation. A three-person faculty subcommittee of the UC Berkeley Privilege and Tenure Committee) ("PTC") conducted a three-day hearing, the committee recommended that Plaintiff should be suspended without pay for one year, a letter of censure, and sensitivity training. UC Berkeley Chancellor Christ on 8/13/18 determined that the recommendation was not appropriate and imposed a three-year suspension without pay. Plaintiff resigned effective 7/...

Excerpt: ...mmit Surgery Center, Pontine Inc,, ProMed Spine, Kaiser Hospital of Union City, Kaiser Radiology-Union City, Kaiser Central Support Services, Requests Nos. 1-7 are limited to any conditions related to the neck, back, shoulders, headaches/migraines, emotional distress, anxiety and/or physical fatigue from September 26, 2013 to the present. The court further ORDERS that the deposition subpoena for production directed to Custodian of Records for Gei...

Excerpt: .... RG19041496. The Court finds that the cases are properly coordinated and consolidated. The cases are not complex; they both involve the same automobile accident and do not fall into any of the categories for complex litigation as defined by C.R.C., Rule 3.400. The cases involve a common question of fact as to how damages should be allocated to the respective defendants and there is a significant risk of conflicting rulings. Further, factors of c...

Excerpt: ...da.courts.ca.gov 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 Court. LAW RE: MOTIONS...

Excerpt: ...ce of business, or usual mailing address" within the meaning of CCP § 415.20(b) at the time substitute service was effected. Plaintiff may file a supplemental declaration or other evidence no later than Tuesday, July 6, 2021 and provide Dept. 19 with a courtesy copy by email on the date of filing. As alleged in the Complaint, Defendants purchased a used 2017 Ram Ram 1500 (the "Vehicle") from Plaintiff's assignor, The Hertz Corporation ("Assignor...

Excerpt: ...irst, the settlement anticipates funding the settlement in two stages (para 3.04) and then making distributions to the class members in two stages. (para 3.01). The funding would be $100,000 six months after preliminary approval (estd 12/25/21) and the balance of $150,000 two months after final approval (estd 2/3/22). The court has no concerns with the two-tier funding, but is not rationally related to the two-tier distribution. Regarding the dis...

Excerpt: ...der Joe's Co. (2018) 20 Cal.App.5th 989, 996.) Plaintiff Portobello Residential Owners Association (the HOA) interviewed CIDology about whether it could do certain work regarding construction management. CIDology represented it could do the work, but knew that it could not do the work. (1AC, paras 69, 76, 85.) On 1/16/17, the HOA and CIDology entered into a contract. (1ACt, para 18, Exh 1.) Following the work, there were water intrusion issues. (...

Excerpt: ...para 44.) The parties may also address any other issues raised by this order. Plaintiffs and defendants must file any supplemental papers five court days before the continued hearing date, and send email courtesy copies to Dept 21. The court's PRE-TENTATIVE order is as follows: The Motion of Plaintiff for approval of PAGA settlement under Labor Code 2699(l)(2) is [UNDECIDED]. The Motion of Plaintiff for dismissal of class claims under CRC 3.770 i...

Excerpt: ...ce, 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. (See, e.g., Howard v. County of ...

Excerpt: ...Complaint that asserted subclasses that could plausibly be certified. The order of 4/9/21 stated: "At the hearing on 4/7/21, plaintiff noted that the creation of subclasses will arguably require that there be a representative for each subclass and on that basis requested leave to add new plaintiffs to the case to act as representatives of any subclasses. The court does not in this order permit plaintiff to add new plaintiffs. Plaintiff may file a...

Excerpt: ...ollowing 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).) "The standard under subdivision (a), unlike under subdivision (d), which is more specific and more rigorous, includes no requirement of a doctor's declaration." (Fox v. Superior Court (2018) 21 Cal. App. 5...

Excerpt: ...rt that the unredacted documents may contain evidence regarding liability for the alleged asbestos exposure that occurred during Decedent's employment. Specifically, JKBCI speculates that the redacted information may include details regarding Decedent's job duties, work stations and job classifications that differ from Plaintiffs' allegations. Initially, Plaintiffs had objected to the approximately 450-page production of employment records obtain...

Excerpt: .... 4th at p.851.) If the plaintiff makes a prima facie showing that evidence exists to support all elements of a cause of action, then the burden shifts to the defendant to show that one or more triable issues of material fact exist. (CCP section 437c(p)(1).) The Plaintiff has no burden to disprove affirmative defenses and cross-complaints. (Ibid.; Consumer Cause, Inc. v. SmileCare (2001) 91 Cal.App.4th 454, 468.) To establish triable issues of ma...

Excerpt: ...ess as personal service for purposes of the short but critical additional time to respond under section 1010.6(c) of the Code of Civil Procedure does not impair Plaintiffs' due process rights in any meaningful way. If any party wishes to contest this Tentative Ruling, no later than 4:00 PM on Thursday, June 24, 2021, the contesting party must email [email protected] and provide notice to all counsel via File&ServeXpress of the intent t...

Excerpt: ...meda. The subject property had belonged to Veronica Cerkueira ("VC") and LC, in "joint tenancy with right of survivorship". On December 17, 2014, VC filed for divorce from LC. Upon the filing of the divorce petition, certain automatic temporary restraining orders ("ATROs") took effect pursuant to Family Code § 2040(a)(4) and (b)(3), which (1) restrain a spouse from transferring an interest in property by deed without the written consent of the o...

Excerpt: ...rts.ca.gov and provide notice to all counsel via File&ServeXpress of the intent to contest the tentative order. If not timely contested, and the tentative ruling will become the final order of the Court. LEGAL STANDARDS FOR SUMMARY JUDGMENT "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 mov...

Excerpt: ...on for parties to file motions for summary judgment and for summary adjudication without conducting much if any discovery. The Court acknowledges the cost of litigation for Defendants accused of failing to comply with the myriad requirements imposed by the Labor Code and industrial wage orders. Defendants certainly would not be in a more favorable position if the Court were to grant their dispositive motion without the requisite supporting factua...

Excerpt: ...ication motion may involve such considerations as a client's right to chosen counsel, an attorney's interest in representing a client, the financial burden on a client to replace disqualified counsel, and the possibility that tactical abuse underlies the disqualification motion." (People ex rel. Dept. of Corporations v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145.) "Ultimately, disqualification motions involve a conflict between...

Excerpt: ...ailer worker employed by Defendant from 2016 until 2020. Plaintiff alleges in paragraph 1 of the Complaint that he is representing the State of California and "other current and former employees at a retail store location" who were employed from April 24, 2019 until the date when judgment is entered. Plaintiff initially requested that the case be deemed complex and assigned to Department 23. On October 6, 2020, Plaintiff's request that the Court ...

Excerpt: ...21, and by Defendant in support of its reply to Plaintiff's opposition on April 16, 2021. The Court may grant Defendant's motion to seal if it expressly finds that facts exist that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is no...

Excerpt: ...at Homesite Services, Inc. owed Cross-Complainants a duty to defend and indemnify them in this personal injury action arising out of an accident occurring on a construction site. The Court ordered counsel for Cross-Complainant to submit a revised proposed order for its consideration. Cross-Complainant did submit a proposed order, but counsel apparently did not give opposing counsel an opportunity to approve it as to form as required by Rule of Co...

Excerpt: ...e potential liability for the claims alleged. Additionally, the court is concerned about the low settlement amount given the large number of aggrieved employees, 5,592, which would result in very small amounts that would ultimately be distributed to the individual aggrieved employees. The court is not convinced that the settlement is "fair, adequate and reasonable." (See, e.g., Wershba v. Apple Computer, Inc. (2001) 91 Cal.App.4th 224, 244-45.) P...

Excerpt: ...Defendants demurred to analogous causes of action in Dollaga's original operative complaint. The Court sustained that demurrer with leave to amend on March 30, 2021. Dollaga availed herself of the Court's leave and filed the FAC on April 15, 2021. The demurrer to the third cause of action is OVERRULED. The demurrer to the sixth cause of action is SUSTAINED WITHOUT LEAVE TO AMEND. Defendants are ordered to serve and file their answer the FAC withi...

Excerpt: ...murrer to the eighth cause of action. LEGAL STANDARD A general demurrer tests the sufficiency of the complaint, i.e., whether it states facts sufficient to constitute 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 C...

Excerpt: ...ditional information and proof of revisions to the Settlement Agreement and Class Notice identified below shall be filed with the Court no later than Wednesday, July 7, 2021, with courtesy copies provided by email to Dept. 19 on the date of filing. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Tuesday, June 22, 2021 contesting party must email [email protected] and provide notice to all counsel of th...

Excerpt: ...PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, June 22, 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 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 C...

Excerpt: ...ATER than 4:00 PM on Tuesday, June 15, 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 Court will advise the parties of the manner in which the hearing will be conducted in advance of the hearing. If not timely con...

Excerpt: ...nsel. (Settlement Agreement, Exhibit A to Kennick Decl.) The Settlement Agreement required defendants to pay plaintiff a total of $65,000. The Settlement Agreement specified "Plaintiff agrees to vacate the unit (309) and move to unit 307 on or before January 19, 2021. Plaintiff agrees to remain in the next door unit until repairs are completed and approved by the City of Berkeley." (Id.) It appears from the evidence presented that defendants have...

Excerpt: ...on. GENERAL OBSERVATIONS The issue on this motion is whether Bergy must answer certain questions. IML asserts that some of the information sought was IML's trade secrets or confidential business information. This is not a basis for refusing to answer. The parties entered into a protective order and the protective order has an "attorneys eyes only" provision that can apply to was IML's trade secrets or confidential business information. IML assert...

Excerpt: ...ing reviewed the parties' respective papers, the Court is not impressed with the parties' respective meet and confer efforts to date regarding the at-issue matters. At an Informal Discovery Conference on this matter, the Court advised the parties that it would be inclined to order the parties to engage in a Belaire-West Notice process before compelling Defendant to turn over contact information for unrepresented Class members. (See Belaire-West L...

Excerpt: ...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 become the final order...

Excerpt: ...ion of Jay Siegan Presents, LLC, to strike the cross-complaint (R-2261530) is DROPPED. BACKGROUND Defendants International Musicians League ("IML") and International Artists League ("IAL") are businesses the provided bands for events doing business as "Lucky Devils Band." Defendant IML and IAL advertise themselves as providing services to musicians. (2AC, para 27(a) and (b).) IML and IAL arrange events for musicians to showcase their talent. (2AC...

Excerpt: ...n v. Apple Inc. (N.D. Cal. 2020) 500 F.Supp.3d 993, 1019-1022, that the Cal. Supreme Court's grounds for finding an exception to the economic loss rule where the defendant manufacturer has engaged in intentional misrepresentation applies also to properly pleaded claims of fraudulent concealment. (Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979.) Nevertheless, Plaintiff in Opposition fails to address Bigler-Engler v. Breg, Inc. (...

Excerpt: ...NTATIVE RULING, NO LATER than 4:00 PM on Friday, June 18, 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 Court will advise the parties of the manner in which the hearing will be conducted in advance of the hearing...

Excerpt: ...s cases and PAGA cases. (Lacour v. Marshalls of CA, LLC (2021) 2021 WL 2211953.) Below is a summary. The court uses the Supreme Court's preferred terms of claim preclusion and issue preclusion. (DKN Holdings LLC v. Faerber (2015) 61 Cal.4th 813, 824.) "[T]he preclusive effect of a prior judgment is determined by the court in which it is asserted, not the court that rendered it." (In re Fireside Bank Cases (2010) 187 Cal.App.4th 1120, 1131.) Where...

Excerpt: ...vices, 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. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The court may consider all material fac...

Excerpt: ...d v. Brachfeld case but that Midland (having asserted the privilege) could not use those documents. (Orders of 10/6/20 and 1/14/21) Plaintiff now seeks three documents; (1) the Audit report (2) the Wohlfert Depo Exh 12; and (3) the Mikhail Depo Exh 3. Plaintiff asserts that they are not privileged or protected and if so, then the privilege or protection was waived because a "significant part of the communication" was disclosed. (Evid Code 912(a)....

Excerpt: ...o provide the Court with courtesy copies of the relevant pleadings if it is reasonably likely that the Court will need to review them to decide a motion. The Clerk's Office does not provide the individual departments with any portion of the court file for law and motion matters. The allegations in the Complaint indicates that Plaintiffs S.R. and J.O. are developmentally disabled high school students who attended Mt. Eden High School during the 20...

Excerpt: ... budget related delays in filing, scanning, and serving its orders. The Judicial Council form interrogatories are designed for use in factually focused single plaintiff litigation. The form interrogatories re not designed for class actions or other cases where phrases like "Incident" cannot be defined with reference to a discrete time and place. Accordingly, the court considers the adequacy of the responses as they relate to plaintiff's individua...

Excerpt: ...to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . , or that one or more defendants either owed or did n...

Excerpt: ...ated in prior meet and confers that Plaintiff will not oppose the motion to strike. Therefore, the court GRANTS the motion to strike and STRIKES the Second (erroneously labeled "Third") Cause of Action, in the First Amended Complaint, in its entirety, Pages 4:13-5:17 as to Defendant Kritika Sehgal. PUNITIVE DAMAGES Plaintiff seeks to strike the third cause of action for Punitive Damages, as well as the prayer for "Punitive Damages/Exemplary Damag...

Excerpt: ...ms pled and the facts alleged by Plaintiff Wilson in the operative Fourth Amended Complaint filed on May 13, 2020. Defendant filed several demurrers, motions to strike, and a motion for judgment on the pleadings in response to Plaintiff's Second Amended Complaint and Third Amended Complaint. On August 10, 2020, Defendant served the subject contention interrogatories on Plaintiff Wilson. Based on its review of the Fourth Amended Complaint, I belie...

Excerpt: ...Oakland ("the City") asserts two causes of action against EBMUD, for nuisance and declaratory relief. Both causes of action are premised on the contention that EBMUD's placement of the metal trench plates on Richmond Boulevard "created a condition which interferes with the customary use, enjoyment, and free passage of the Street, and is a nuisance." (See Complaint, paragraph 10.) But the undisputed facts, as supported by admissible evidence, demo...

Excerpt: ...rporation (2017) 15 Cal.App.5th 214, 220, citing Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843.) Summary judgment is proper only when "there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." (Code of Civil Procedure ["CCP"] § 437c(c).) When a defendant moves for summary judgment, it is the defendant's burden as movant to show, for each cause of action, that "one o...

Excerpt: ..., Plaintiffs fail to allege facts suggesting that Tesla owned, operated, used, or drove the subject vehicle at the time of the accident. The Complaint alleges that Defendants Romeo Lagman Yalung (hereinafter "RYalung") and Vilima Yalung, not Tesla, owned the subject vehicle at the time of the accident. (See Complaint, paragraphs 4-5.) The Complaint alleges that at the time of the accident, the subject vehicle was occupied by RYalung, who was oper...

Excerpt: .... [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.3d 311, 318.) Every complaint must "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, Inc. ...

Excerpt: ...t have engaged in numerous federal and state court actions that have already determined conclusively that Defendant has lawful title to the real property known as 2132 Longview Drive, San Leandro, CA (the "Subject Property") pursuant to a Trustee's Deed dated 8/25/2010 following a non-judicial foreclosure sale under a Deed of Trust dated 5/3/2007, which Mitchell executed. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM...

Excerpt: ...tional compensation to which it was not entitled. Although the parties' contract included a procedure by which Flatiron could pursue claims for additional compensation, the implied covenant of good faith and fair dealing imposes on each party the duty to assert its contractual rights fairly and in good faith. (See, e.g., Careau & Co. v. Security Pacific Business Credit Inc. (1990) 222 Cal.App.3d 1371, 1393 and Carma Developers (Cal.) Inc. v. Mara...

Excerpt: ...ny prior lawsuits. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, June 15, 2020, 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 Court will advise the parties of the manner in whi...

Excerpt: ...at no such cause of action is recognized under California law. In fact, California law does recognize a cause of action for breach of mandatory duty pursuant to Government Code § 815.6, and it has three required elements. (See, e.g., Guzman v. County of Monterey (2009) 178 Cal.App.4th 983, 991.) First, the statute or enactment on which the cause of action is based must require that a particular action be taken and include specific rules and guid...

Excerpt: ... to determine whether Hilary Altman is entitled to reasonable fees under CCP 425.16(c). (Moore v. Liu (1999) 69 Cal.App.4th 745, 750-751.) Hilary Altman has reserved a hearing on a motion for fees for 8/6/21. The court ORDERS the parties to meet and confer regarding the amount of fee and make a reasonable effort to settle the issue of fees. This includes discussion about whether Altman requested dismissal of the claim before she filed the motion ...

Excerpt: ...on the ground that the vegetation on the median strip was not a cause of the accident. On 11/5/20, both plaintiff Russell and defendant Zitani both filed oppositions to the City's motion for summary judgment. On 3/15/21, the court granted the City's motion for summary judgment. On 3/19/21, the City filed a memorandum of costs for $30.036.17. On 5/24/21, the City submitted a proposed judgment stating that it had prevailed against plaintiff Russell...

Excerpt: ...2014, Attorney Scott Greenspan was employed by Sedgwick. While at Sedgwick, Greenspan represented defendants American Home Assurance Company and National Union Fire Insurance Company of Pittsburg, PA. (Greenspan Dec., para 22, 25.) Greenspan also defended AIG Claims on several coverage and bad faith cases and interacted with AIG Claims personnel on several matters. (Greenspan Dec, para 10-11, 30.) None of the cases or matters concerned either thi...

Excerpt: ...cord, Aanderud v. Superior Court (2017) 13 Cal.App.5th 880, 889.) As a result of this "strong public policy in favor of arbitration[,] ... any doubts regarding the arbitrability of a dispute are resolved in favor of arbitration." (Aanderud, at p. 890.) Public policy is not a consideration, however, until after a court has found the parties agreed to arbitrate their dispute. (Metters v. Ralphs Grocery Co. (2008) 161 Cal.App.4th 696, 701.) That is ...

Excerpt: ...nd was exposed to benzene from 1970 through 1973. (Cpt para 1, B-E.) Plaintiff worked in Sacramento County and Placer County and was exposed to benzene from 1974 through 2019. (Cpt para 1, F-P.) Plaintiff currently resides in El Dorado County. Plaintiff's health care providers are located in Sacramento County and Placer County. PROCEDURE AND EVIDENCE. The motion is timely. "There is no time fixed by statute when an action may be transferred for t...

Excerpt: ...7c(a)(1).) "A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages . ...

Excerpt: ...time. The limit is due to a "clear cap" of 14 hours of deposition cross-examination, imposed by a new statute passed by the California Legislature, for deponents regarding whom a licensed physician has declared suffers from mesothelioma and that there is substantial medical doubt of the survival of the deponent beyond six months. (Cal. Code Civ. Proc. § 2025.295.) Sadly, Mr. Edwards falls into that category. The Moving Defendants contend that th...

Excerpt: ...performed on Plaintiff's vehicle. Defendants earlier demurrer was granted with leave to amend. Plaintiff's Second Amended Complaint is challenged by both defendants again. First Amended Complaint The First Amended Complaint ("FAC") alleged the following facts: On August 23, 2018, Plaintiff took his vehicle to MEI's Big O Tires service station to "get a flat tire on his car fixed." (FAC ¶ 15.) Although Plaintiff never asked for or consented to an...