Excerpt: ... no later than fourteen (14) days from the date of this Order. STANDARD OF LAW "The court may, upon a motion . . . or at any time in its discretion, and upon terms it deems proper: (a) [s]trike out any irrelevant, false, or improper matter inserted in any pleading[;] . . . [and/or] (b) [s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." (CCP § 436.) A...

Excerpt: ...t ("FACC") of Nhan Van Pham ("Nhan") and Hai Thanh Pham aka Ricky Hai Pham ("Ricky"). The Court declines to separately rule on each of the 25 issues set forth in GM's Notice of Motion but will instead address each cause of action addressed in GM's motion. As to GM's First Cause of Action for Quiet Title in the SAC, GM's motion is DENIED. The undisputed facts establish that, as of November 2017, GM was the owner of the real property that is the su...

Excerpt: ...lation allowing Nhan and Le to file the SACC, but they did not subsequently do so. Nhan and Le are directed to file their SACC with the Court no later than October 8, 2020. Christina seeks summary adjudication as to (1) certain causes of action alleged in her First Amended Complaint ("FAC"), and (2) each cause of action alleged in the SACC. Rather than ruling separately on each of the 15 issues set forth in Christina's Notice of Motion, the Court...

Excerpt: ...he hearing was then continued at the request of the parties to October 8, 2020 on June 12, 2020. Defendant 24 Hour Fitness USA, Inc. filed a notice of bankruptcy stay in June 2020. Plaintiff therefore does not proceed against 24 Hour Fitness USA, Inc. at this time. The Court begins by admonishing Plaintiff's counsel that they must file separate motions for summary adjudication if they request rulings against separate parties represented by separa...

Excerpt: ... filed late. If the City failed to file a timely response to Plaintiffs' Petition, Plaintiff's remedy was to seek entry of the City's default. It is too late to do that now. In addition, failure to meet and confer prior to filing a demurer is NOT a basis to overrule it. (See Code of Civil Procedure § 430.41(a)(4).) Plaintiff Glen Stevick owns real property located at 1722Walnut Street in Berkeley. In 2017, Plaintiff replaced an accessory structu...

Excerpt: ...5, 31, and 33-43. IT IS FURTHER ORDERED THAT Defendant amend its responses to Plaintiff's Request for Production of Documents (Set Two), Request Nos. 8-10 pursuant to this Order. Plaintiff's Request for Sanctions is DENIED. "If a party filing a response to a demand for inspection, copying, testing, or sampling . . . thereafter fails to permit the inspection, copying, testing, or sampling in accordance with that party's statement of compliance, th...

Excerpt: ...laintiff'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 presumption is, in the absence of an affirmative showing in that particular, that the county in which the title of th...

Excerpt: ...ne "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 pleading against a demurrer the facts alleged in the pleading are deemed to be true, however improb...

Excerpt: ...nd a copy served on each party at least nine court days . . . before the hearing."].) STANDARD OF LAW A motion for judgment on the pleadings may be brought by a plaintiff if "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (CCP § 438(c)(1)(A).) "A motion for judgment on the pleadings is analogous to a ge...

Excerpt: ... Clark v. American Residential Services LLC (2009) 175 Cal.App.4th 785, 804-807.) The Court finds that the declaration is adequate to support the requested service award, as modified below. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Tuesday, October 6, 2020 contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any requested he...

Excerpt: ...ation. (See, e.g., Williams v. Superior Court (2017) 3 Cal.5th 531, 549.) However, Defendant's objections based on the constitutional right to privacy are potentially meritorious. Defendant's employees who have made complaints of disability discrimination have a constitutional right to privacy in their personnel information. (See Life Technologies Corp. v. Superior Court (2011) 197 Cal.App.4th 640, 652.) Life Technologies was disapproved by Willi...

Excerpt: ...� 2016.040 and 2030.300(b)(1). Counsel are advised that their meet-and-confer efforts should go beyond merely sending letters stating their respective positions. See Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1439; and Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 428. In the future, the Court will require the parties to limit the number of meet-and-confer letters and to discuss the issues in person or by telephone prior to the...

Excerpt: ...culty in securing evidence and deposition testimony from witnesses who are Chinese nationals. Defendant's 9/30 Response effectively rejects the proffered stipulations, asserts that Defendant needs to be able to take depositions of witnesses in China in order to prepare for trial, and cites to a 9/29/2020 U.S. Dept. of State Travel Advisory stating in relevant part: "Reconsider travel to the People's Republic of China (PRC), including the Hong Kon...

Excerpt: ...and not on behalf of the aggrieved employees. "An employee plaintiff suing ... under the [PAGA] does so as the proxy or agent of the state's labor law enforcement agencies." (Iskanian v. CLS Transp. Los Angeles, LLC (2014) 59 Cal.4th 348, 381.) (See also ZB, N.A. v. Superior Court of San Diego County (2019) 8 Cal.5th 175, 185.) On 7/9/20, defendant removed the class case to federal court. (Juarez v. Saia Motor Freight, N.D. Cal., Case 3:20-cv-045...

Excerpt: ...ief until after Siteworks filed a Notice of Non-Opposition on September 28, 2020. Accordingly, the Court shall not consider Plaintiff's untimely opposition papers. Siteworks makes this Motion to enforce the Court's previous order on November 19, 2019 compelling Plaintiff's responses to discovery requests served on August 23, 2019. (Declaration of Anna J. Niemann ["Niemann Dec."] ¶¶ 6-7, Ex. A.) On November 21, 2019, the Court ordered that "Plai...

Excerpt: ...rd King, and Mardi C. Dier) filed papers in opposition, which the three Underwriter Defendants (Merrill Lynch,Pierce, Fenner & Smith Inc., Leerink Partners LLC, and Evercore Group L.L.C.) request to join. The request for joinder is GRANTED as unopposed, and for reasons discussed further below, the motion is GRANTED. LEGAL STANDARDS Class certification in California state courts is governed by Code of Civil Procedure ("CCP") Section 382. A Court h...

Excerpt: ...tled to judgment as a matter of law." (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850.) "That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon." (Id.) Further, "the party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of produc...

Excerpt: ...991) 2 Cal.App.4th 153, 157. Plaintiff alleges that Defendant and his mother Tiffany Brown made misrepresentations of fact in order to induce her to execute documents purporting to relinquish guardianship of the couple's son, Jacoby. Plaintiff alleges that Defendant and his mother told her that the document was necessary so that Defendant's mother could take Jacoby to doctor's appointments in Texas while the couple was working to find housing in ...

Excerpt: ...ifically, the Court ORDERS Plaintiffs either to complete, serve and file California Court Forms FL-142 (Schedule of Assets and Debts) and FL-150 (Income and Expense Declaration) or to serve and file declarations containing all of the information to be provided in Forms FL-142 and FL-150, no later than Wednesday, October 14, 2020. Defendant Ebay, Inc. ("Defendant" or "eBay") may serve and file a response to Plaintiffs' supplemental declarations no...

Excerpt: ...ed this action against Union and other defendants on September 22, 2015. On April 7, 2017, Plaintiff filed an alleged proof of service stating that he mailed a copy of the Complaint and amended summons, and a case management order through certified mail on April 6, 2017. However, Union states that Plaintiff did not include with the mailing two copies of the notice of acknowledgment. (Declaration of David M. Fujimoto, Ex. B.) Union states that no ...

Excerpt: ... with Special Interrogatories, Set Two on May 12, 2020. After multiple extensions were granted on the basis that substantive responses would be provided rather than objections, responses were due July 14, 2020. However, on July 15, 2020, Plaintiff electronically served unverified responses with purportedly meritless objections. Plaintiff then served verifications on July 16, 2020. Plaintiff's counsel represented that the responses were untimely d...

Excerpt: ...ed at Defendant's stores in San Jose and Brentwood between 1982 and 2018. The Court DENIES Defendant's alternative Motion for Summary Adjudication in its entirety. If any party wishes to contest this tentative ruling, no later than 4:00 PM ONE (1) COURT DAY prior to the 10/1/2020 hearing (exclude Saturday, Sunday and national holidays) contesting party must email [email protected] and provide notice to all counsel via File&ServeXpress...

Excerpt: ...aintiffs must submit a declaration with the required information. The court has concerns about the timing of funding and distributing the settlement funds. Defendant will fund the settlement over 24 months. (Agt para 49) The absent class members, the named plaintiff, and counsel will be paid approximately 30 months after preliminary approval, taking into account 5 months for class notice and opt out, 24 months of installment payments, and 1 month...

Excerpt: ...lease for the absent class members cannot include a Civil Code 1542 release or an equivalent release. (Duran v. Obesity Research Institute, LLC (2016) 1 Cal.App.5th 635, 640, 645 [trial court would not approve a Civil Code 1542 release in class settlement].) The release of claims by the members of the class is limited by the "factual predicate rule." (Campbell v. Facebook, Inc. (9th Cir. 2020) 951 F.3d 110, 1124; Hesse v. Sprint Corp. (9th Cir. 2...

Excerpt: ... STANDARD OF LAW "A demurrer tests the legal sufficiency of the factual allegations 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...