Excerpt: ...nc. ("ABCO") to Standard (Dieden) Interrogatories; (3) further, objection-free responses from defendant ABCO to Plaintiff's special discovery (Plaintiff's First Sets of Special Interrogatories Nos. 1-35, Requests for Production of Documents, Nos. 1-198, Requests for Admissions Nos. 1-33, and Form Interrogatories Nos. 1.1, 1.3, 3.1-3.7, 4.1, 4.2, 15.1, 16.1-16.10 and 17.1); (4) for monetary sanctions against defendant ABCO in the amount of $4,660;...

Excerpt: ...eyond six months, and that satisfies the court that the interests of justice will be served by granting the preference." (CCP § 36(d).) "Notwithstanding any other provision of law, the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by granting this preference." (CCP § 36(e).) MOTION FOR PREFERENCE Plaintiff provides the declaration of...

Excerpt: ...rought asbestos home with him after work on fire hydrants at public water utilities. Thus, the parties focus on whether the bother was exposed to asbestos. ALL CAUSES OF ACTION - THRESHOLD EXPOSURE McWane contends that Plaintiff has not established a disputed question of material fact concerning plaintiff's exposure to asbestos through his brother. Plaintiff must establish "(1) "some threshold exposure," and (2) "legal cause." (Turley v. Familian...

Excerpt: ...in Department 18. 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) The party has a substantial interest in the action as a whole[;] [and] (2) The 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...

Excerpt: ...alth 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. 5th 529, 534.) "An affidavit submitted in support of a motion for preference under subdivision (a) of Section...

Excerpt: ...ker. None of these defendants are have not opposed the motion. Defendants Processing Solutions, LLC, is a corporation. On 12/6/19, the court issued an order that it would be inclined to strike its answer if it did not appear through counsel. On 2/6/20, the court ordered "Defendant answers are stricken. Plaintiff to proceed with default process." Plaintiffs have not yet requested entry of default. Defendant Instant Cash USA, Inc. is a corporation....

Excerpt: ...f is advised to comply with all applicable Rules of Court and the Code of Civil Procedure in all future filings. 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 ...

Excerpt: ...laintiffs Request for Monetary Sanctions with respect to the Dieden Rogs Motion is DENIED. Plaintiffs' Motion to Compel Defendant's Further Responses to Plaintiff's Special Interrogatories, Set One (the "Special Rogs"), Nos. 1-28 is GRANTED IN PART and DENIED IN PART as set forth in detail below. Plaintiff shall serve verified Further Responses to Special Rogs Nos. 1-24 no later than Thursday, 10/1/2020. The Court AWARDS Plaintiffs monetary sanct...

Excerpt: ...on April 18, 2017. Both Petitioner and The Regents seek a Court declaration as to which is the prevailing party in this matter, and an award of attorney's fees. THE REGENTS ARE NOT ENTITLED TO ATTORNEY'S FEES BECAUSE THE PETITION WAS NOT FRIVOLOUS The PRA provides that the court shall award court costs and reasonable attorney fees to a petitioner should the petitioner prevail in litigation. (Bertoli v. City of Sebastopol (2015) 233 Cal.App.4th 35...

Excerpt: ..., 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 not owe a duty to the plaintiff or plaintiffs." (...

Excerpt: ...sory estoppel; and 4) Intentional Infliction of Emotional Distress. Plaintiff failed to comply with the Government Claims Act by alleging facts demonstrating or excusing compliance with the Act. (Govt. Code sec. 946.6.) Plaintiff does not allege she timely filed a government claim or an application for leave to file a later claim; or that she successfully petitioned for relief from the claim-filing requirements under the Government Code. "[F]ilin...

Excerpt: ...p.4th 221, 233.) A mere contractual right of payment, without more, will not suffice. (Id.) Plaintiffs' conversion claim is based on the security deposit that Plaintiffs paid to Defendant Oakland Cannery Operations ("OCO"), which Plaintiffs contend OCO was required to refund upon termination of the lease. (See First Amended Complaint, paragraphs 82 and 95.) Plaintiffs do not allege that they had actual possession of the security deposit at the ti...

Excerpt: ...located at 46665 Fremont Blvd., in Fremont, on or about July 9, 2019. Applied Spectra had apparently been a tenant at the location since 2012. From 2007 to 2012, Applied Spectra occupied commercial space located at 46661 Fremont Blvd. The application is denied because Plaintiffs have not met their burden of establishing that their damages are measurable by reference to the contract. See CCP § 483.010(a) (money claim must be fixed or readily asce...

Excerpt: ...ary, and that he would now know whether it was necessary until Reyes' assistant completed his part of the investigation. (See Complaint, paragraph 54.) There are no further allegations concerning Officer Reyes. Although the body of Plaintiff's Complaint does not identify any causes of action, Plaintiff apparently contends that Reyes' conduct violates some unidentified provision of Welfare & Institutions Code section 15600. The only subdivision of...

Excerpt: ... hours worked, reimbursement of expenses, and related claims. There are approximately 348 members of the class. MERITS OF SETTLEMENT The case preliminarily settled for a total of $600,000. The settlement agreement states there will be attorneys' fees of up to $200,000 (33%), costs of up to $20,000, a service award of $17,500 total for class representatives, a net PAGA payment of $15,000, and settlement administration costs of $8,500. After these ...

Excerpt: ...ly advised Plaintiff of the allegations she needs to allege against Defendant to state a negligence cause of action. (See e.g., 3/13/2020 Tentative Ruling on Demurrer to Plaintiff's Third Amended Complaint.) However, the 4AC is devoid of any specific allegations including without limitation when the alleged motor vehicle accident occurred, where the alleged motor vehicle accident occurred or how Defendant's alleged negligence caused the motor veh...

Excerpt: ...rial court should not approve an agreement contrary to law or to public policy. ... the court cannot surrender its duty to see that the judgment to be entered is a just one, nor is the court to act as a mere puppet in the matter. ... In the context of Proposition 65 litigation, necessarily brought to vindicate the public interest, the trial court also must ensure that its judgment serves the public interest." (Consumer Advocacy Group, Inc. v. Kin...

Excerpt: ...into signing release agreements. The order of 1/21/20 states, "the Court finds that Defendants' communications with drivers here were coercive and misleading." The order later states "The Court authorizes Plaintiffs to seek attorney's fees by further noticed motion as a sanction in connection with the conduct discussed in this Order." Plaintiffs seek fees of $177,947.96 and costs of $5,779.95. ENTITLEMENT TO FEES The order of 1/21/20 states, "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: ...e to the complaint." (CCP § 438(c)(1)(A).) "A motion by a plaintiff for judgment on the pleadings is in the nature of a general demurrer to the answer, and the motion must be denied if the answer raises a material issue or sets up affirmative matter constituting a defense." (Barasch v. Epstein (1957) 147 Cal. App. 2d 439, 442.) "Where the answer, fairly construed, suggests that the defendant may have a good defense, a motion for judgment on the ...

Excerpt: ...g party is statutorily authorized to recover his or her attorney's fees from the losing party, the lodestar method is the primary method for establishing the amount of recoverable fees." (Glaviano v. Sacramento City Unified Sch. Dist. (2018) 22 Cal. App. 5th 744, 750- 51.) "Under the lodestar method, the trial court must first determine the lodestar figure-the reasonable hours spent multiplied by the reasonable hourly rate-based on a careful comp...

Excerpt: ... the trade name Cordarone, which allegedly has a high risk of serious side effects including pulmonary fibrosis, loss of vision, thyroid cancer, and death. (See 4AMAC ¶¶ 61, 63, 89.) It is approved by the United States Food and Drug Administration ("FDA") as a treatment of last resort for recurrent life-threatening ventricular fibrillation and ventricular tachycardia that do not respond to other treatments. Plaintiffs allege that they were harm...

Excerpt: ...construing a complaint on demurrer is long-settled: "We treat the demurrer 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.) "Liberal...

Excerpt: ...." (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 pleading ...

Excerpt: ...f 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 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...