Excerpt: ... Quinones, to the ground. (Administrative Record Pages ("AR"): 104:25-105:24; 116:8-15, 124, 125, 128, 137, 423, 425-42.) PROCEDURE The Division of Occupational Safety and Health conducted an injury accident investigation and on March 30, 2017 cited Acco Engineered Systems ("Acco") for violations of the occupational health and safety regulations, specifically Title 8 section 3704, which provides that "[a]ll loads shall be secured against dangerou...

Excerpt: ...ot affected by the judgment or order."(C.C.P. § 916, subd. (a).) "In determining whether a proceeding is embraced in or affected by the appeal, we must consider the appeal and its possible outcomes in relation to the proceeding and its possible results. '[W]hether a matter is 'embraced' in or 'affected' by a judgment [or order] within the meaning of [section 916] depends on whether postjudgment [or postorder] proceedings on the matter would have...

Excerpt: ...diate supervisor was Production Department Supervisor Chris Altomare. Plaintiff's "lead" was Francisco Rendon. According to the parties. Plaintiff had a desk or workstation and a computer in a large office space where other production team employees also had their desks and computers. Simpson Strong-Tie Company employee Armando Santiago is Plaintiff's friend. Mr. Santiago apparently still works for Defendant. Mr. Santiago, who shared Plaintiff's ...

Excerpt: ... v. Raytheon Co., Inc. (2019) 33 Cal.App.5th 617, 636 (plaintiff's claims and allegations limit the scope of issues relevant to motion); and Hutton v. Fidelity Nat'l Tile Co. (2013) 213 Cal.App.4th 486, 493 (same). Plaintiff Le was employee of the UC Berkeley Center for Latino Policy Research from 2013 until June 30, 2014, also earned her Ph.D. in Political Science at UC Berkeley in 2010. Dr. Le is currently the CEO and President of the Institute...

Excerpt: ...ld on the first day of trial. 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 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).) "In i...

Excerpt: ...he "multiple tenants" who allegedly vacated the premises in response to threats and intimidation by MBB's "son". (See , e.g., Lewis Jorge Construction Management Inc. v. Pomona Unified School Dist. (2004) 34 Cal.4th 960, 975.) The demurrer to the Second Cause of Action for "Violation of Statutory Duty Under Civil Code section 1941.2" is SUSTAINED, WITHOUT LEAVE TO AMEND. Civil Code section 1941.2 provides that if a tenant fails to keep her leased...

Excerpt: ...agreement or Marvin agreement. Mr. Sanders is Plaintiff's father. Defendant advises the Court that he has not served any deposition subpoenas in this case before the one before the Court. Defendant advises the Court that Plaintiff has aggressively pursued discovery in different jurisdictions and in different forms since this case was filed on October 15, 2019. Plaintiff moves to quash the subpoena because she claims that her father lacks knowledg...

Excerpt: ... leave to amend . On 11/4/16, defendants filed the Second Amended Cross-Complaint. On 11/28/16, plaintiff Gonzalez Ek filed the second anti-SLAPP motion to strike. On 2/10/17 the Court granted the second anti-SLAPP motion. The case went to trial. On 5/1/19, the court issued a statement of decision on Phase One, finding for defendants in some, but not all causes of action. On 3/9/20, plaintiffs filed the for attorneys' fees under the anti-SLAPP st...

Excerpt: ...test 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. LEGAL STANDARDS The complaint must include a statement of the facts constituting the c...

Excerpt: ...tions in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal. App. 5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.) "As a general rule in...

Excerpt: ...t school district. Saavedra allegedly told Ostash that Plaintiff was put on administrative leave pending a District investigation that Plaintiff (1) failed to report a sexual assault, (2) created an unsafe environment for students, and (3) lied to a student. As a result, Ostash rescinded a job offer to Plaintiff. The District argues that Saavedra's alleged statement was true, because Plaintiff was put on leave pending a District investigation. Ho...

Excerpt: ... complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal. App. 5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.) "As a general rule in testing a...

Excerpt: ...mber 11, 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 on a subsequent date, probably December 16, 2020 at 3 p.m. using the Blue Jeans Network, password # 5102676935. If a hearing is requested, the Court will advise the parties of the date, time and manner in which the hearing will be conducted ...

Excerpt: ...ay also address any other issues raised by this order. Plaintiffs and defendants must file any supplemental papers ten court days before the continued hearing date. 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. LAW ON PAGA SETTLEMENTS Plaintiff asserts the PAGA claim on behalf of the State of California's Labor Workforce Development Agency. "An empl...

Excerpt: ...f Trust when it recorded the at-issue Full Reconveyance on 4/30/2015. If Nationstar was not actually the Trustee under the relevant Deed of Trust at the time the Full Reconveyance was recorded, then the Full Reconveyance was void as a matter of law, and the four-year statute of limitations under CCP § 343 applies, rather than the three year statute of limitations under CCP § 338(d) for an action for relief on the grounds of fraud or mistake. (Z...

Excerpt: ...briefs shall be filed and served no later than March 10, 2021. STANDARD OF LAW "Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff . . . and one or more alleged tortfeasors or co-obligors, upon giving notice[.]" (CCP § 877.6(a).) "A determination by the court that ...

Excerpt: ... defendants' agreement to either (1) reinstate LTE Band 12 coverage on each cell phone or (2) provide a comparable replacement. The settlement agreement states there will be attorneys' fees of up to $72,500 and a service award of $2,500 for the class representative. Defendant is to pay the costs of claims administration. The proposed class notice was adequate. It was primarily by publication, which is appropriate for consumer products. It was by ...

Excerpt: ... right (north) on Shattuck Avenue. (Id.) Plaintiff was alongside a car driven by Defendant Eduardo Bolivar, which was stopped at a red light. (See AF No. 31 and the evidence in support.) Plaintiff's bicycle was located a few feet to the right of Bolivar's car, closer to the back of his car than the front. (See AF No. 35 and the evidence in support.) When the light turned green, Bolivar began a right turn onto Shattuck, directly into the path of P...

Excerpt: ... the plaintiff has established that there is a probability that the plaintiff will prevail on the claim." (CCP § 425.16(b)(1).) An "act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue" includes: (1) any written or oral statement or writing made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by l...

Excerpt: ...69, 774.) Tinsley alleges he owns the subject property and Glaude occupies it without any right to do so. (See Second Amended Complaint, paragraphs 6, 10-13, and 21.) In addition, these causes of action are not timebarred by any statute of limitations, because Tinsley has alleged a continuing trespass by Glaude that persists to this day. (See Starrh & Starrh Cotton Growers v. Aera Energy LLC (2007) 153 Cal.App.4th 583, 592-593.) Tinsley's Third C...

Excerpt: ...es, or is doing business, or is situated." Code of Civil Procedure § 394 applies equally to cross-complaints by a city. (See Metropolitan Transit System v. Superior Court (2007) 153 Cal.App.4th 293.) Here, it is undisputed that Flatiron is not a resident and is not "situated" in Alameda County. Flatiron is therefore entitled to transfer venue unless it is "doing business" in Alameda County, as that term is interpreted in the case law addressing ...

Excerpt: ...44, 352.) In ruling on a Special Motion to Strike, the Court engages in a two-step process. (See Equilon Enterprises v. Consumer Cause Inc. (2002) 29 Cal.4th 53, 67.) First, the Court decides whether Defendant has made a threshold showing that the challenged cause of action is one arising from a protected activity, i.e., an act in furtherance of a person's right of free speech in connection with a public issue. (See Code of Civil Procedure § 425...

Excerpt: ...ment was unsuccessful. In June 2019, plaintiff reported the bed bugs to Defendants. On June 5, 2019, the City of Berkeley Inspected the unit, and Defendants excluded Plaintiffs. On 6/13/19, plaintiff's private mold contractor inspected the unit. On July 8, 2029, the City issued a notice of violation for mold. On an undisclosed date, Plaintiff vacated the unit. On August 18, 2019, plaintiff was admitted to the ER for insect bites. While Plaintiff ...

Excerpt: ... of consortium claim. After trial, both Plaintiffs and Defendant filed and served memoranda of costs claiming to be the prevailing parties. For the following reasons, the Court holds that Defendant Ramirez is the prevailing party as to the claims of Plaintiff Younes because Younes did not obtain a result more favorable than his CCP § 998 offer of $60,000 to Defendant or Defendant's CCP § 998 offer of $20,000 to him. See Stallman v. Bell (1991) ...

Excerpt: ...uest for Monetary Sanctions is GRANTED. IT IS FURTHER ORDERED that sanctions in the amount of $1,170.00 is payable by Plaintiff to Safe Auto no later than thirty (30) days from the date of this Order. MOTION TO COMPEL Plaintiff filed this action on March 24, 2017, arising from a vehicle accident that took place on March 30, 2017. Plaintiff began proceeding in pro per on April 16, 2019, and Plaintiff served Defendants with the Complaint on Novembe...