Excerpt: ...uesday, September 7, 2021 unless, by no later than 4:00 p.m. on Friday, September 3, 2021, a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be conducted on Wednesday, September 8...

Excerpt: ...t the parties have not adequately met and conferred regarding the breadth of the RFPDs such that the issues before the Court can be appropriately narrowed. Plaintiffs' RFD No. 7 seeks "...any DOCUMENTS REGARDING ASBESTOS policies, procedures, or precautionary measures related to YOUR employees or facilities." Plaintiffs' RFD No. 16 requests: "...any DOUMENTS related to ASBESTOS as a hazardous substance." Chevron's amended response served on 8/6/2...

Excerpt: ...nce, 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 its discretion, the court may [] grant a motion for preference that is accompanied by clear and convincing medical documentation that co...

Excerpt: ...agent that was lightly sprinkled on sheets of paper as they came off a printing press to keep the pages from sticking together. (Plfs.' Resp. to Def.'s Sep. Stmt. ["PRDSS"] ¶ 2.) Ms. Llamas claims she was exposed in the papermaking process when she cut sheets of paper while binding them. (Id. ¶ 3.) Ms. Llamas also claims that the talc used in the dusting agent in the paper she cut was supplied by Vanderbilt. (Id. ¶ 4.) Vanderbilt propounded di...

Excerpt: ...927 83rd Avenue, Oakland, CA 94621, Assessor's parcel No. 43-4565- 11 (the "Subject Property") during the pendency of this action. The Court also GRANTS IN PART a limited stay of the proceedings so that the parties may engage in what appears to be mandatory arbitration of the underlying attorneys' fees dispute between Plaintiff and Defendant, as set forth in greater detail below. The Court otherwise DENIES the Motion as to the additional relief r...

Excerpt: ...l care he received from Dr. Donald Lai and ValleyCare Medical Center between November 3-10, 2019. The case was assigned to Dept. 20, Hon. Paul Herbert presiding. On 1/22/21, Judge Herbert sustained the Demurrer filed by defendant ValleyCare without leave to amend as to all causes of action except false imprisonment and negligent infliction of emotional distress. On February 10, 2021, plaintiff voluntarily dismissed the two remaining causes of act...

Excerpt: ...e Motions to Strike challenges the punitive damages allegations and prayer for relief at pp. 30:25-31:14 and 31:20. The Demurrers are SUSTAINED WITH LEAVE TO AMEND; and the Motions to Strike are GRANTED WITH LEAVE TO AMEND IT IS ORDERED THAT Plaintiff shall file and serve an amended complaint no later than Friday, September 17, 2021. STANDARD OF LAW "A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v. T...

Excerpt: ...g") and Defendant FZ Global Investment, Inc., DBA A1 Laundromat ("FZ Global") on September 17, 2019. Plaintiff financed equipment for use in a laundromat at a cost of $379,065. The Agreement provided Eastern with a security interest in the financed equipment and in all of FZ Global's other equipment and assets. Defendant Mohamed Arahimi ("Arahimi") personally guaranteed FZ's Global's performance under the Agreement as purported "100%" owner of FZ...

Excerpt: ...erty, the parties agreed that they would each hold a 50% interest, but title would vest as Defendant holding a 99% interest and Plaintiff holding a 1% interest for the purpose of obtaining a loan. Plaintiff alleges the parties agreed that Defendant would then transfer a 49% interest in the Property to Plaintiff after the purchase but Defendant has reneged. Plaintiff alleges the following causes of action against Defendant: (1) quiet title; (2) fr...

Excerpt: ... Plaintiff has instead added a new First Cause of Action entitled, "Violation of Due Process and Unlawful Enforcement." Defendants County of Alameda and Alameda County Sheriff's Office have filed a demurrer to the First Cause of Action because Plaintiff did not allege facts sufficient to show that she exhausted her available administrative and judicial remedies prior to filing the Complaint on February 19, 2020. See Campbell v. Regents of the Uni...

Excerpt: ...:30 a.m. 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 its discretion, the ...

Excerpt: ...that 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 Civ. Proc. § 437c, subd. (c).) A defendant moving for summary judgment must show either that one or more elements of plaintiff's cause of action cannot be established or that there is a complete defense to that cause of action. (Code Civ. Proc. § 437c, subd. (p)(2).) Once defendant makes this showing, the burden s...

Excerpt: ...to recover a higher amount of damages at trial, the $96,475.04 in unpaid rent is a fixed and readily ascertainable amount. Plaintiff's evidence establishes the probable validity of its claim that Defendants owe $96.475.04 in unpaid rent for the nine month period from April through December, 2020. Nine months of rent (at $13,537.91 per month), less the $25,366.15 in rent that Defendants claim they paid for the period between September 4, 2020 and ...

Excerpt: ...laintiff is alleging here.) If, on the other hand, Plaintiff alleges that she entered a separate contract with Defendant in which Defendant agreed to "facilitate" debt protection insurance for Plaintiff, Plaintiff must clearly allege whether that contract was written, oral, or implied in fact, as well as the terms of that contract and how Defendant breached it. The demurrer to the Second Cause of Action for Fraud is SUSTAINED, WITH LEAVE TO AMEND...

Excerpt: ...ture and type shown by the evidence," or "[t]he financial condition of the defendant." (Cal. Civ. Code §§ 3295(a), (c).) "Upon motion by the plaintiff supported by appropriate affidavits and after a hearing, if the court deems a hearing to be necessary, the court may at any time enter an order permitting the discovery otherwise prohibited by this subdivision if the court finds, on the basis of the supporting and opposing affidavits presented, t...

Excerpt: ... The objections of defendants to portions of the declaration of plaintiff expert Michael Braun are OVERRULED. The objections of defendants to portions of the deposition of Rafael Cubero are OVERRULED. The Court's consideration of the evidence is limited to the motion for summary judgment and should not be construed as an indication of admissibility in future motions or at trial. BACKGROUND This is summary judgment, so the court takes all factual ...

Excerpt: ...osp. v. Mercury Constr. Corp. (1983) 460 U.S. 1, 24.) "California law, like federal law, favors enforcement of valid arbitration agreements." (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97.) The California Arbitration Act requires courts to enforce arbitration clauses. (Code Civ. Proc., §§ 1280 et seq.) California does not have a "policy compelling persons to accept arbitration of controversies which they hav...

Excerpt: ....2 of the Settlement Agreement that remains unpaid. The Kairos Parties" (including Steven Marks) are jointly and severally liable for the remaining $25,000 payment, as they are jointly and severally liable for all payments under Section 2.2. The judgment will also require the Kairos Parties to turn over to Turner the intellectual property of the business, consisting of training videos and credentials to the business accounts. (See Section 2.8 of ...

Excerpt: ...trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testimony the court may receive at its discretion, to reach a final determination." Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.App.4th 836, 842. In Ruiz, the court found that the defendant seeking to compel arbitration had not adequately established that the plaintiff had electronically signed the arbitration agreement. (Id.) Here, the m...

Excerpt: ...R-2216862 is the reservation number for SLC's motion for summary judgment, not for either of the two motions to seal that appear on the calendar for September 1. R-2185440, which appears on SLC's August 26, 2021 response to Plaintiff's motion, does not appear connected to any of the motions to seal. In addition, Plaintiffs filed a motion to seal (using R- 2285104) on August 17, and a "supplemental motion to seal" using that same reservation numbe...

Excerpt: ...-Complaint WITH LEAVE TO AMEND. The Court suspects that the 5/18/2021 Order on Demurrer had not promptly entered into the Court's electronic Domain case filing system at the time the Defendant attempted to drop-box file his SACC on 5/19/2021. Further, the Court's Filing Department has been experiencing a severe backlog that has prevented timely filing of papers due to staffing shortages caused by the Covid pandemic. In any event, Defendant's FACC...

Excerpt: ...iff dismissed the claims against Hilary Altman. On 6/9/21, Hilary Altman' reply observed that although the Anti-SLAPP motion was moot, it was nevertheless relevant because the court must determine the merit of the SLAPP motion 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.) The order of 6/16/21 directed the parties to meet and confer on the issue of fees in ...

Excerpt: ... paid Kontech $90,000.00 for shares of Kontech's common stock to become a 40% shareholder of Kontech. In a December 2016 shareholder meeting, Kontech proposed that the loan be converted into new shares of Kontech. Plaintiff rejected that proposal. Plaintiff later discovered that Kontech had cancelled the debt owed on the loan on or about June 28, 2018, without Plaintiff's knowledge or consent. When Plaintiff made demands for repayment of the debt...

Excerpt: ...nt, you may schedule an appearance. To schedule an appearance, go to the website and click Schedule Now and enter: Case Number Case Name Date of Hearing Time State (enter CALIFORNIA) Judge (enter Jo-Lynne Lee) Participant(s) Appearing Party being represented Select type of hearing Once this information has been entered, you will receive a confirmation page with the dial-in instructions for their remote court appearance. For any questions, contact...

Excerpt: ..., ARBM, Inc., Subaru of America, Inc. and Subaru Corporation, alleging he was subjected to discrimination, harassment and retaliation. Villanueva alleges that almost immediately upon his hire he became subjected to harassing and discriminatory behavior by defendant Deeds who made offensive comments about Villanueva ethnicity, physically assaulted Villanueva while doing racist impressions, and ultimately terminated Villanueva's employment when Vil...