Excerpt: ...t property was suitable for renovation but failed to determine that the living space above the garage was not legally permitted, which materially affected the condition of the real property. (See Complaint, paragraphs 66-68 and 71-74.) Plaintiff's Complaint alleges four causes of action against Excel, for breach of fiduciary duty; vicarious liability; negligent hiring, retention, and supervision; and negligence. Although those causes of action ap...

Excerpt: ...pedited and narrowly focused discovery on the issue of whether this Court has personal jurisdiction over H&V. No later than the close of business on Friday, October 2, 2020, Plaintiffs may serve by electronic transmission Requests for Production of Documents and/or a Notice of Deposition of H&V's Person Most Qualified ("PMQ") (CCP § 2025.230) with respect to information and documents tending to show whether the State of California has specific p...

Excerpt: ... Oakland was negligent in that the crosswalk was unsafe and lacked pedestrian safety beacons. The Complaint in this matter was filed on January 18, 2019, naming as Defendants the City of Oakland and Jimenez (among others). The Parties engaged in discovery, including taking the deposition of Jimenez. (Decl. of Martin Zurada, paras. 3, 4.) Plaintiff determined that Jimenez's insurance policy limit was $525,000, and that Jimenez had no significant a...

Excerpt: ... 2018 (the "Protective Order"). Defendant now seeks an order from the Court: (1) affirming that Defendant properly designated the names of its third-party suppliers, vendors, and/or manufacturers, which are trade secrets, as confidential under the Protective Order; (2) limiting the use of trade secret information to the resolution of Plaintiff's claims against Defendant in this matter; and (3) confirming that Plaintiff may only use/disseminate th...

Excerpt: ...or 9/25 CMC. STANDARD OF LAW "In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference." (CCP § 36(d).) MOTION FOR P...

Excerpt: ... 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 is entered into in good faith, the Court...

Excerpt: ...l. 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 pleading against a demurrer the facts alleged in the p...

Excerpt: ...Cause of action against Sireesha Kondragunta, Harini Pillarisetty, SeaNet RWC, LLC, SeaNetPV LLC, Lobstar Venture, LLC and the Fifth Cause of Action as to Defendants Kishore Kondragunta, Sridhar Pillarisetty. Defendants' Kishore Kondragunta, Sridhar Pillarisetty demurrer to the First Cause of Action, Fourth Cause of Action, Seventh Cause of Action, Ninth Cause of Action and Eleventh Cause of Action are OVERRULED. A general demurrer tests the suff...

Excerpt: ...e 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 improbable they may be." (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Courts "give the complaint a reasonable ...

Excerpt: ... of taping her catheter. (Compl., p. 5:12-14.) Thereafter, Plaintiff alleges she told several hospital employees about the alleged assault, but none of them took any action, including but not limited to giving Plaintiff a rape exam. (Compl., p. 11:13-22.) These other hospital employees who are named as Defendants are: Rohini Erik Noronha, M.D. who is identified as the "hospitalist physician" (Compl.p.8:10-13); Defendant Ruby Lantican who is ident...

Excerpt: ...f the previous rulings in the 2009 Action on the two breach of fiduciary duty claims and the constructive trust claim which involve in part events that took place in 2019. STANDARD OF LAW "A party may move for judgment on the pleadings." (CCP § 438(b)(1).) 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 do...

Excerpt: ...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 defendant may make such a motion only if "either of the following conditions exist: (i) [t]he court has no jurisdiction of the subject of the cause of action alle...

Excerpt: ...ginal trial date set in this action of January 17, 2020. Code of Civil Procedure section 437c(c) states that a motion for summary judgment or adjudication "shall be heard no later than 30 days before the date of trial, unless the court for good cause orders otherwise." (CCP § 437c(a)(3).) The current trial date is set to commence on October 16, 2020. This Motion was filed May 29, 2020. "[T]he 30-day time limit on summary judgment hearings should...

Excerpt: ...cated at 328 Lenox Avenue, Oakland. Beacon produced responsive documents, but they were redacted. Beacon indicated that the documents were redacted to remove private financial information and information not related to the subject real property. In his declaration filed August 6, 2020, at paragraphs 6a - 6tt, defense counsel James Patrick explains the basis for each redaction as to each document produced by Beacon, identified by bates number. Bas...

Excerpt: ...well as the requested, responsive documents to Request Nos. 32-33 and 35-39. Plaintiff's Request for Sanctions is GRANTED IN PART. IT IS ORDERED THAT sanctions in the amount of $3,560.00 is payable by Defendants to Plaintiff no later than thirty (30) days from the date of this Order. On January 2, 2020, Plaintiff served Requests for Production of Documents, Set One, on Defendants. The requests sought documents regarding Plaintiff's compensatory d...

Excerpt: ...posing a "vague mental exam without any advance protections," is without basis. Dr. Filoteo has outlined in some detail the topics of his interview of Plaintiff and the tests he intends to administer during the examination that will not last longer than eight (8) hours. Plaintiff's request that he be accompanied by his attorney during the examination is denied. See CCP § 2032.530(b); and Golfland Entertainment Centers, Inc. v. Superior Court (20...

Excerpt: ...t 9:00 a.m. in Dept. 19 via Bluejeans video conference. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM on Tuesday September 22, 2020, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. The clerk will email a video invitation. If not timely contested, and the tentative ruling will become the final order of the Court. Pursuant to C...

Excerpt: ...t 9:00 a.m. in Dept. 19 via Bluejeans video conference. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM on Tuesday September 22, 2020, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. The clerk will email a video invitation. If not timely contested, and the tentative ruling will become the final order of the Court. Pursuant to C...

Excerpt: ...laintiff served the discovery requests at issue in this Motion on July 25, 2019. Plaintiffs request production of documents related to Defendant's policies and practices. In addition, Plaintiffs sought the contact information of other nonexempt employees; their job positions and information regarding Defendant's corporate structure. The Parties participated in an Informal Discovery Conference ("IDC") on July 14 and 16. The Court cited to Williams...

Excerpt: ...it." (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047, citing Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) This policy is so strong that it is held to be "an abuse of discretion to deny leave to amend where the opposing party was not misled or prejudiced by the amendment." (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761.) Prejudice exists where the amendment would require delaying the trial, would result in los...

Excerpt: ...uses of Action sounding at least in part in gender discrimination. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, September 22, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 p.m. on Friday, September 18, 2020 contesting party must email [email protected] and provide notice to all counsel of the intent to contest the...

Excerpt: ...o merit or that there is no defense to the action or proceeding." (CCP § 437c(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...

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: ...vice award of $10,000 for the class representative, a net PAGA payment of $30,000, and settlement administration costs of $8,500. After these expenses, the class would get $186,500. The average payout per class members would be $402. There were 8,053 allegedly inaccurate wage statements. This is $48.50 gross and $23.15 net per allegedly inaccurate wage statement The proposed class notice form and procedure are adequate. The proposed class is appr...

Excerpt: ...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).) "The standard under subdivision (a), unlike under subdivision (d), which is more specific and more rigorous, includes no requirement of a doctor's declaration." (F...