Excerpt: ...easanton. (Cpt 7) Plaintiff sat on a bench and the bench collapsed. (Cpt 8) Plaintiff sustained serious injuries. (Cpt 8) Taylor Boynton was the sales manager for the area where incident occurred. (Cpt 5) Plaintiff alleges causes of action for (1) negligence, (2) premises liability, and (3) products liability. ORDER Negligence. OVERRULED. Plaintiff adequately alleges that Taylor Boynton, as sales manager for the area where incident occurred, had ...

Excerpt: ... 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.) "Liberality in permitting amendment is the rule, if a fair opportunity to correct any defect has not been given." (Angie M. v. Superior Court (1995) 37 Cal.App.4th 1217, 1227.) For the Court to grant leave to amend after sustaining ...

Excerpt: ...claims against Anheuser-Busch and that the claims should be severed for discovery and trial. This motion is a merits motion presented as a procedural motion. The merits issue is whether the claims against Horizon Beverage are distinct from the claims against Anheuser-Busch. If Defendant Horizon Beverage Company asserts that it was not the employer of plaintiff after 11/1/15, then it can file a motion for summary adjudication of the claims against...

Excerpt: ..., Inc. is liable to him for his serious injuries and loss of earnings because Defendant Pulla was within the course and scope of his employment by The Gap, Inc. when the accident occurred. Plaintiff filed his Complaint on May 31, 2019. Attorney Steven J. Brady entered the case when his attorneys filed an Association of Attorney on December 7, 2020. In February 2021, the Court granted the parties' stipulation and continued the March 26, 2021 trial...

Excerpt: ... Interrogatories and for Monetary Sanctions ("MPO Form Rogs"); (3) Defendant's Motion for Protective Order re: Plaintiff's Inspection Demands and for Monetary Sanctions ("MPO RFPDS"); and (4) Defendant's Motion to Compel Further Responses to Requests for Production of Documents Nos. 8, 11, 13, 14, 17, 23, 24, 28, 34 and 36 ("Defendant's MTC"). Ethel Tom in her capacity as a cross-complainant represented by separate legal counsel joins in Defendan...

Excerpt: ...eda County Fair on 6/22/2019 when one of defendants' employees opened a corral gate causing a corral panel to fall on her leg. Special Rogs Nos. 2-4 seek, respectively, all facts, witnesses and documents supporting Plaintiff's contention that Defendant caused or contributed to Plaintiff's injury on 6/22/2019. (See Moving Wong Dec. Exh. A.) As clarified by Defendant's counsel's 2/22/2021 meet and confer letter, Defendant was seeking discovery from...

Excerpt: ...e 11, 2021. Plaintiff shall provide a courtesy copy of any such supplemental declaration to Dept. 514 by email on the date of filing. Plaintiff may file documents under seal; however, unredacted courtesy copies must be provided to Dept. 514 by email as stated above. Plaintiff's Complaint alleges that defendant Halen Brands, Inc. ("Defendant") manufactured, sold and/or distributed 12 types of food bars and drink mixes, which Plaintiff alleges cont...

Excerpt: ...metering lights just beyond the Bay Bridge Toll Plaza. The parties advise the Court that Defendant served several subpoenas but later agreed to withdraw them in response to Plaintiff's informal objection. The Court acknowledges that although Plaintiff has waived her right of privacy to her medical records by filing this action seeking damages for her injuries, the scope of the waiver is limited by the injuries claimed and other factors not curren...

Excerpt: ...ANDARD 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 ma...

Excerpt: ...bmit declarations sufficient to show that she made a reasonable and good faith attempt to resolve each issue raised in her motions. See CCP §§ 2016.040, 2030.300(b)(1) and 2031.310(b)(2). Plaintiff may not simply state that she sent a letter to defense counsel and then had a telephone conference. Plaintiff must provide facts in her declaration sufficient to show that she made an attempt to resolve each disputed issue informally. The declaration...

Excerpt: ...laint against Plaintiff. The parties stipulated to the filing of a First Amended Cross- Complaint in July 2020, and the Court thereafter granted Defendant leave to file the First Amended Cross-Complaint. In November 2019, the Court set the matter for trial on June 21, 2021. On May 13, 2021, the Court vacated the trial date. Defendant's motion for summary judgment is denied because it has not met its burden of producing sufficient admissible evide...

Excerpt: ... Renovation Realty Northern California, substantially complied with its licensing requirements. See Bus. & Prof. Code § 7031(e). Subparagraph (e) sets forth the three exclusive factors bearing upon the substantial compliance analysis. See Pacific Caisson & Shoring, Inc. v. Bernard Bros. Inc. (2011) 198 Cal.App.4th 681, 694 (party claiming substantial compliance must show that he or she has satisfied all three factors); and Pacific Caisson & Shor...

Excerpt: ...y service. CCP 203(a) now excludes from jury service 11 categories of persons. At issue in this case is CCP 203(a)(11), which states: "(a) All persons are eligible and qualified to be prospective trial jurors, except the following: ... (11) Persons who are currently required to register as a sex offender pursuant to Section 290 of the Penal Code based on a felony conviction." Plaintiff asserts a single cause of action asserting that the legislati...

Excerpt: ...scharging Reyes from liability. Because Reyes' alleged liability to Plaintiff arose on July 8, 2019, nearly a year prior to Reyes' bankruptcy filing, Plaintiff's claims in this case fall within the scope of the bankruptcy court's discharge order. (See In re Gibson (Bank. N.D. Tex. 2002) 308 B.R. 763, 766-768.) The bankruptcy court's discharge order therefore discharged Reyes from any liability for Plaintiff's claims and precludes Plaintiff from p...

Excerpt: ...mily Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) First, the Second...

Excerpt: ...stitute a cause of action upon which relief may be based. (Code Civ. Proc., § 430.10, subd. (e); Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry ...

Excerpt: ...rmation from its opponent prior to subpoenaing those documents from a nonparty. None of the federal district court cases cited on page 4-5 of Twitter's opposition brief are binding on California state courts. However, this motion is denied without prejudice because Plaintiff has not made a prima facie showing in support of her claim that parties' settlement agreement has been breached, as required by, e.g., Glassdoor Inc. v. Superior Court (2017)...

Excerpt: ...g will automatically become the Court's final order on Tuesday, May 11, 2021 unless, by no later than 4:00 p.m. on Monday, May 10, 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...

Excerpt: ...nce of any trust. (Yu Dec, para 13) In 1993 it is unclear whether Mother lived in Alameda County (Lian Dec., para 2) or in China (Yu Dec., para 9-10.) In 2007, something happened. Daughter Lian asserts that in 2007 Second Daughter Leshing and Leshing's daughter Tao Yu persuaded Mother to transfer responsibility for the trust to Yu. If so, then the trust was presumably still for the benefit of Daughter Lian. Yu assets that in 2007 Mother sold the ...

Excerpt: ...t after Defendant failed to timely respond to the Notice and Acknowledgement of Receipt Plaintiff mailed to Defendant on 6/22/2020. This tentative ruling will automatically become the Court's final order on Tuesday, May 18, 2021 unless, by no later than 4:00 p.m. on Monday, May 17, 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 p...

Excerpt: ... talent. (2AC, para 27(d).) Clients can request specific musicians. (2AC, para 27(n).) When IML or IAL has a client it then invites musicians, who can sign up for the event and play at the event. (2AC, para 27(g).) The musician is paid a share of the proceeds of the performance. (2AC, para 27(g).) The client pays IML or IAL, and IML or IAL then pays the musicians. (2AC, para 27(j).) IML and IAL issue Form 1099s to musicians and do not issue W-2s....

Excerpt: ...gateway" questions: (1) whether the parties had agreed to arbitrate disputes, per the usual rules of contract law, and (2) whether the parties' current dispute lies within the scope of the agreement to arbitrate. (Omar v. Ralphs Grocery Co. (2004) 118 Cal.App.4th 955, 960; see 9 U.S.C. § 4 ["If the making of the arbitration agreement or the failure, neglect, or refusal to perform the same be in issue, the court shall proceed summarily to the tri...

Excerpt: .../20/2019 and are thus barred by the applicable statutes of limitations. Plaintiff's Motion to Strike is DENIED. The Motion to Strike is defectively noticed, i.e., the Notice of Motion does not state the grounds for or the matter in the FACC Plaintiff seeks to strike. Defendant may file and serve a Second Amended Cross-Complaint no later than Tuesday, June 8, 2021. BACKGROUND AND RELEVANT ALLEGATIONS OF THE COMPLAINT Plaintiff filed his original C...

Excerpt: ...s 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.) "Liberality in permitting amendment is the rule, if a fair opportunity to correct any defect has not been given." (Angie M. v. Superior Court (1995) 37 Cal.App.4th...

Excerpt: ...as to Defendant Wells Fargo Bank, N.A. only. Legal Standard for Demurrer A general demurrer tests the sufficiency of the complaint, i.e., whether it states facts sufficient to constitute a cause of action upon which relief may be based. (Code Civ. Proc., § 430.10, subd. (e); Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between t...

Excerpt: ...t and Fair Employment and Housing Act claims alleged in the original Complaint and First Amended Complaint. However, it does not appear from the Court's record that Plaintiff has successfully filed his Second Amended Complaint. Plaintiff should do so as soon as reasonably possible. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Friday, May 14, 2021 contesting party must email [email protected] and pro...

Excerpt: ...16,666.67 (33 1/3%), costs of up to $15,000, a service award of $5,000 for each class representative, and settlement administration costs of up to $7,500, and a net PAGA payment of 1,250. After these expenses of approximately $145,400, the class would get $204,600. The average payout per class members would be $2,045. The proposed class notice form and procedure are adequate. There were no opt outs and no objections. The proposed class is appropr...

Excerpt: ...et the staff retain the tips. (2AC, para 14.) The 1AC asserts claims for (1) money had and received, (2) conversion, and (3) intentional interference with economic relations. ORDER ALL CAUSES OF ACTON The 2AC alleges the same facts as the 1AC, but restates and clarifies the legal basis for the claims. The 2AC is not a mere re-filing of the 1AC with a different caption. Plaintiff is not asserting statutory claims directly against the Regents. Gove...

Excerpt: ...s given leave to amend to clarify whether or not the subject property was sold. If the subject property was not sold, Plaintiff should identify the language in the listing agreement (if any) that addresses whether Plaintiff is to be paid under those circumstances, and if so, how the payment is to be calculated. The portion of paragraph 3A(1) of the listing agreement quoted in Complaint paragraph 10 does not address that issue. Second, Plaintiff h...

Excerpt: ...curity Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238.) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The court may consider al...

Excerpt: .... Plaintiffs allege that Defendant has violated and continues to violate provisions of the California Code of Regulations requiring that employees should be given a suitable seat if the nature of their work reasonably permits the use of seats. Defendants have advised the Court that this is not the first private attorney general act case filed in California by Walmart employees asserting that their right to use a seat while working has been violat...

Excerpt: ...y 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, May 19, 2021 at 1:30 p.m. or at a subsequent date and time set by the Clerk of Dept. 514. The subject line of the email to the Court contesting the tentat...

Excerpt: ...dustry Groups seek to intervene. Permissive intervention is governed by CCP 387(d)(2). Under that section, "the trial court has discretion to permit a nonparty to intervene where the following factors are met: (1) the proper procedures have been followed; (2) the nonparty has a direct and immediate interest in the action; (3) the intervention will not enlarge the issues in the litigation; and (4) the reasons for the intervention outweigh any oppo...

Excerpt: ... talent. (2AC, para 27(d).) Clients can request specific musicians. (2AC, para 27(n).) When IML or IAL has a client it then invites musicians, who can sign up for the event and play at the event. (2AC, para 27(g).) The musician is paid a share of the proceeds of the performance. (2AC, para 27(g).) The client pays IML or IAL, and IML or IAL then pays the musicians. (2AC, para 27(j).) IML and IAL issue Form 1099s to musicians and do not issue W-2s....

Excerpt: ...on 2/2/21 stated: "The court's preliminary thoughts follow: ... Hard copies of documents. The production of hard copies of exemplars of the trifold mailing packages documents seems advisable on the facts of this case. The court would suggest both (1) production of exemplars of the trifold mailing packages documents and (2) a mutual set of exemplars of the trifold mailing packages documents to be used at depositions." The IDC advice was preliminar...

Excerpt: ...t 520. The Court has reviewed the parties' papers. Plaintiffs are current and former employees of Walmart Inc. who allege that Walmart has violated and continues to violate provisions of the California Code of Regulations requiring that employees should be given a suitable seat if the nature of their work reasonably permits the use of seats. The Court agrees with Defendant's assertion that Plaintiffs' claims in this action filed pursuant to Labor...

Excerpt: ...All Saintsidence") opposes the present motion on several grounds, which the court will address below. JURISDICTION First, All Saintsidence challenges this court's jurisdiction to hear the present motion based on All Saintsidence's Notice of Appeal of the court's denial of its Petition to Compel Arbitration. While the filing of an appeal divests the trial court's jurisdiction, however, the stay only applies to the issues and parties embraced by th...

Excerpt: ...e permitted to amend their pleadings prior to trial in order to avoid the forfeiture of claims or defenses. See Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428. The Court is generally not permitted to consider whether the proposed amendment is legally sufficient when deciding whether to permit amendment. See Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1048. In this case, the Court would have been inclined to...

Excerpt: ... on February 16, 2011. (See SA's Request for Judicial Notice, Exhibit 5.) SA claims that it then acquired the subject property from DBank on May 23, 2014. (See SA's Request for Judicial Notice, Exhibit 6.) SA seeks summary judgment in its favor against the Heredias. Alternatively, SA seeks summary adjudication of its causes of action against the Heredias for quiet title, trespass, ejectment, and unjust enrichment. The Court determines that SA has...

Excerpt: ...ding installation of public utilities, and Esau posted bonds with the City to secure construction of those improvements. To date, Esau has not yet installed the required public utilities. Plaintiffs have filed a verified Complaint against the City (not Esau) for Declaratory and Injunctive Relief. The Complaint seeks a declaration that the City is obligated to complete the public utility installations in the Subdivision that Esau was required to d...

Excerpt: ...tion procedures is to allow this Court to "cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute." (Miller v. Fortune Commercial Corporation (2017) 15 Cal.App.5th 214, 220, citing Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843.) Summary judgment is proper only when "there is no triable issue as to any material fact and that the moving party i...

Excerpt: ...to pay for the dental practice. Richard Evangelista filed a cross complaint alleging that Stephen Phillips breached the contract and that Leslie Phillips misappropriated trade secrets. Leslie Phillips filed a cross-complaint against Richard Evangelista arising from her employment with him from 2017-1919. On 3/22/21, Evangelista served a subpoena on Verizon Wireless seeking all of Leslie Phillips's telephone records for the time period 12/1/18 - 6...

Excerpt: ...long with various other assets of decedent) upon his death. Plaintiffs allege that Srinivas misappropriated the subject real property by recording a grant deed on July 17, 2015 transferring title of the subject real property from decedent to decedent and Srinivas, husband and wife, as community property with a right of survivorship. On July 6, 2020, Plaintiffs recorded a lis pendens as to the subject real property. Srinivas seeks to expunge the l...

Excerpt: ...t 520. The Court has reviewed the parties' papers. Plaintiffs are current and former employees of Walmart Inc. who allege that Walmart has violated and continues to violate provisions of the California Code of Regulations requiring that employees should be given a suitable seat if the nature of their work reasonably permits the use of seats. The Court agrees with Defendant's assertion that Plaintiffs' claims in this action filed pursuant to Labor...

Excerpt: ...ED. According to the First Amended Complaint, Plaintiffs all reside or resided in the apartment building owned by Defendant Abdulrahim located at 1691 164th Avenue, in San Leandro, starting in or around 2010. Plaintiffs allege that Defendant Abdulrahim and his property manager, Kae Real Estate Services, have breached their common law and statutory obligations by allowing unsafe conditions to persist without taking corrective action. Plaintiffs' l...

Excerpt: .... Plaintiffs allege that Defendant has violated and continues to violate provisions of the California Code of Regulations requiring that employees should be given a suitable seat if the nature of their work reasonably permits the use of seats. Defendants have advised the Court that this is not the first private attorney general act case filed in California by Walmart employees asserting that their right to use a seat while working has been violat...

Excerpt: ... or decision is not supported by the findings, or the findings are not supported by the evidence." (Code Civ. Proc., § 1094.5.) The court considers due process issues using the court's independent judgment. (Doe v Regents of the University of California (2016) 5 Cal.App.5th 1055, 1073; Tafti v. County of Tulare (2011) 198 Cal.app.4th 891, 896.) The Regents must follow its own procedures and those procedures must provide a level of due process ap...

Excerpt: ...ation. The Sixth Cause of Action does not arise out of or assert any claim in connection with the Teaspoon Franchise Agreement. Rather, it alleges that Defendant Amy Lai fraudulently induced Plaintiff Tony Zhang to enter various partnership agreements conveying shares of interest in Plaintiff Lake Merced International Inc. ("LMI"). None of those agreements appear to have any arbitration provision. The fact that LMI is a party to the Teaspoon Fran...

Excerpt: ...ecurity Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238.) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A party may also demur o...

Excerpt: ..., contractor NorCal Builders, and subcontractor Lutz Construction Services. Under the agreement, (1) there was a mutual release between H&H and NorCal, (2) Lutz released claims against H&H, (3) NorCal was to pay Lutz $30,000 in installments, and (4) if NorCal defaulted, then Lutz could seek judgment against NorCal. The 1AC alleges that Defendants Accredited Surety is NorCal's construction bond surety for that Guardian, is Accredited's claims agen...

Excerpt: ...parties of the manner in which the hearing will be conducted in advance of the hearing. In order to facilitate discussion at the hearing, the Court provides the following substantive Tentative Ruling. Plaintiff's Motion is GRANTED IN PART, as set forth below. ALLEGATIONS AND FACTS Plaintiff's Complaint in the Civil Action alleges that she and Defendant are the two adult children of Settlor, their mother. (Complaint ¶ 16.) On 9/27/2011, Settlor e...

Excerpt: ...laintiff alleges that he asked for information concerning (1) whether the property had undergone recent repairs, and (2) "a request for disclosure of all material facts or defects." Plaintiff does not allege that Caliber failed to disclose the recent repairs the property had undergone. Plaintiff does allege that Caliber failed to disclose that the property has previously had severe water intrusion, but he does not allege that Caliber was or shoul...

Excerpt: ... [email protected] and provide notice to all counsel of the intent to contest 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. ....

Excerpt: ...was made aware prior to filing the Ex Parte Application that Dept. 520 does not hear ex partes on Fridays. The Ex Parte hearing was set for the following week. Neither the court nor opposing counsel had received the Ex Parte Application at the time of the hearing on the Motion for Summary Judgment The Court proceeded with the hearing on the Motion for Summary Judgment on April 30, 2021. Counsel for Plaintiff, Eliza Stewart, and Counsel for defend...

Excerpt: ...list the property and to handle the negotiations with prospective purchasers and their agents. Plaintiffs were represented in this case by Wendy Neft-Sanda and Kane and Associates, Inc. The evidentiary record before the Court is relatively clear and straightforward for this type of case. The parties do not dispute Plaintiffs' contention that the seller, William Thomas Meyers, was aware at all times that a third bedroom had been constructed withou...

Excerpt: ...t Defendants waived their right to bring a Motion to Transfer Venue by invoking this Court's jurisdiction on several occasions. First, Defendants invoked this Court's jurisdiction by filing and serving Cross-Complaints in this action on respectively 3/25/2019 (Jobs) and 5/6/2019 (Aquino and POAP). Second, Aquino and POAP again invoked this Court's jurisdiction by filing a Motion to Oppose the Application for Good Faith Settlement Determination br...

Excerpt: ...es arising from or related to this Agreement or to the Resident's residency, care or services at the Community whether made against Owner or Morningstar or any other individual or entity". Plaintiff's claims asserted in this case fall within the scope of that agreement. Plaintiff raises several arguments as to why she believes her claims asserted in this case cannot be compelled to arbitration. First, she argues that the Agreement does not contai...

Excerpt: ...d while carrying construction materials for his employer, United Mechanical Inc. ("UMI"), in "Modular D", a structure adjacent to the construction site that UMI used for office space while working on WT's construction project for Stanford. (See WT's Separate Statement Fact ("SSF") Nos. 5-7 and 10-11 and the evidence cited in support.) The prime contract between WT and Stanford, in section 1.1, defined "Site" as the real property on which the proj...

Excerpt: ... allegedly sustained in the accident and the appropriateness of the treatment she received for that injury. The examination of Plaintiff by Dr. Prager, which will likely take two hours or less, is not duplicative of Plaintiff's earlier examination. Dr. Prager intends to examine Plaintiff to evaluate her claim that she continues to suffer from Complex Regional Pain Syndrome in the area of her left lower extremity years after the accident on August...

Excerpt: ...sumes that claims based on denial of meal and rest breaks, and perhaps for denial of overtime or off the clock compensation, and derivative wage statement claims are encompassed by the motion. As I explain below, however, there are sizeable gaps between these presumed claims and the evidentiary support for class certification. At best, plaintiff offers admissible evidence that he himself may have been subject to wage and hour violations, but fail...

Excerpt: ...n Co. filed motions to contest that determination. LEGAL STANDARDS Under Code of Civil Procedure section 877.6, a Court's finding that a settlement between a claimant and one or more joint tortfeasors or co-obligors was entered in good faith has the effect of discharging the settling defendants' obligations to any remaining defendants in contribution or equitable indemnity. (See Code Civ. Proc. § 877.6(a), (c).) The burden of proof lies with the...

Excerpt: ...ff Karen Permillion started employment with Alameda Health System. In March / Apr. 2017, plaintiff transitions to role in "EBEW" team. The job description requires a medical billing and coding certification, but Plaintiff is told that the requirement was not necessary. In Nov. 2017, plaintiff files for FMLA leave; takes 12 weeks protected leave. When she returns, she has doctor's orders to take intermittent leave. In April 2018, Plaintiff's manag...

Excerpt: ...ily Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The court may cons...

Excerpt: ...t does not specify, with sufficient particularity, whether the contract is written or oral and the terms of the agreement. The allegations constituting a defendant's breach of a contractual duty "must be pleaded with specificity." (Baldwin v. AAA N. Cal., Nev. & Utah Ins. Exch. (2016) 1 Cal.App.5th 545, 550; Levy v. State Farm Mut. Auto. Ins. Co. (2007) 150 Cal.App.4th 1, 5.) The court agrees that Biotree HealthCare Partners Limited, Biotree Harm...

Excerpt: ... 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 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 orde...

Excerpt: ...t to contest 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. LAW RE: MOTIONS FOR ORDER REQUIRING PHYSICAL AND MENTAL EXAMINATIONS. CCP § 2...

Excerpt: ...on Friday, May 7, 2021 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 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 ...

Excerpt: ...nce that they were timely served on the LWDA. The Court notes that Plaintiff received leave of Court on 4/6/2021 to file a Second Amended Complaint alleging wage and hour class action claims in addition to the PAGA claims alleged in the original Complaint and First Amended Complaint. However, it does not appear from the Court's record that Plaintiff has successfully filed his Second Amended Complaint. The Court requests that Plaintiff do so as so...

Excerpt: ...e for discovery the plaintiff must introduce sufficient evidence to establish a prima facie case of falsity or unprivileged statements. (See Paterno v. Superior Court (2008) 163 Cal.App.4th 1342, 1351.) Plaintiff seeks discovery as to all posts made by Defendant Tyler McSilva on Instagram. The only evidence Plaintiff has submitted that McSilva made any statements on Instagram about or referring to Plaintiff is the declaration of Plaintiff's broth...

Excerpt: ...%), costs of up to $15,000, a service award of $2,500 for each class representative, and settlement administration costs of up to $10,000. After these expenses of approximately $80,000, the class would get $120,000. The average payout per class members would be $4,615. The proposed class notice form and procedure are adequate. There were no opt outs and no objections. The proposed class is appropriate for class certification. The motion makes an ...

Excerpt: ...s given leave to amend to clarify whether or not the subject property was sold. If the subject property was not sold, Plaintiff should identify the language in the listing agreement (if any) that addresses whether Plaintiff is to be paid under those circumstances, and if so, how the payment is to be calculated. The portion of paragraph 3A(1) of the listing agreement quoted in Complaint paragraph 10 does not address that issue. Second, Plaintiff h...

Excerpt: ...itute a cause of action upon which relief may be based. (Code Civ. Proc., § 430.10, subd. (e); Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v....

Excerpt: ...ice to the opposing party is shown. See Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428; and Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 486-488. Defendant has not demonstrated that it is likely to sustain any undue prejudice if the proposed Second Amended Complaint is allowed. Defendant instead attempted to argue that Plaintiff's claims are not supported by evidence disclosed in discovery that it provided Plaintiff'...

Excerpt: ..., subd. (e); Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kirwan (1985) 39 Cal.3...

Excerpt: ...ceremony held in Plaintiff's backyard with the intent of disrupting it; (3) trespassed on Plaintiff's property and removed ornamental plants; (4) sprayed Plaintiff with a "substance with a foul smell" like urine while Plaintiff was seated in his backyard; and (5) on several other occasion, sprayed Plaintiff and his family with a garden hose while Plaintiff was seated in his backyard. (See Complaint, paragraphs 9-10, 12-16, 19, 21-22, and 24-26.) ...

Excerpt: ...ourt is not inclined to review the 33-page single-spaced agreement to determine whether the Complaint is sufficient, particularly if the parties only refer to its contents generally. Defendants' assertion that Plaintiff was required to recite the terms of the agreement verbatim or attach a copy of the sublease agreement is rejected. Plaintiff is only required to allege facts describing the legal effect of the subject agreement. See Miles v. Deuts...

Excerpt: ...earn v. Trader Joe's Co. (2018) 20 Cal.App.5th 989, 996.) The court GRANTS the requests of Wells Fargo for judicial notice of the federal court order of 6/19/19 (RJN , Exh 5), the bankruptcy court order of (RJN Exh 29), and the 7/10/18 dismissal of the bankruptcy case (RJN Exh 31.) The other RJNs are not relevant to this order. Defendant Smith isthe former owner of record of a single-family residence (the "Property"). Defendant Robinson was marri...

Excerpt: ...s as "naturally occurring." The Court will not approve a settlement that allows such deductions unless the moving party shows, with evidence, that each allowance is based on accurate measurements of amounts of lead unavoidably found in low-lead sources of that ingredient. The supporting papers also provide no evidence from which the Court can determine the scale of unwarned exposures, such as the number of servings sold within California over a r...

Excerpt: ...only Defendant Anil Sikka in the original Complaint. On September 24, 2020, Plaintiffs filed the operative First Amended Complaint prior to Defendant filing his Answer. Plaintiffs added Defendant Prime Properties (USA), Inc. to the First Amended Complaint. Plaintiffs also asserted a separate breach of contract cause of action against Prime Properties (USA), Inc., as well as claims that Defendant Sikka is liable for the breach of Prime Properties ...

Excerpt: ...eg injuries that he had suffered earlier. Plaintiff's claim against PG, therefore, is essentially one for professional negligence. In a medical malpractice case such as this one, when a defendant moving for summary judgment supports its motion with an expert declaration that its conduct fell within the applicable standard of care, the motion must be granted unless the plaintiff comes forward with conflicting expert evidence. (See, e.g., Hanson v....

Excerpt: ... on February 16, 2011. (See SA's Request for Judicial Notice, Exhibit 5.) SA claims that it then acquired the subject property from DBank on May 23, 2014. (See SA's Request for Judicial Notice, Exhibit 6.) SA seeks summary judgment in its favor against the Heredias. Alternatively, SA seeks summary adjudication of its causes of action against the Heredias for quiet title, trespass, ejectment, and unjust enrichment. The Court determines that SA has...

Excerpt: ... with Defendant's contention that form interrogatory no. 2.7 should not have been propounded in view of the nature of the case. 2. Plaintiffs' motion to compel Defendant to serve a further response to form interrogatory no. 3.7 is denied. The Court agrees with Defendant's contention that form interrogatory no. 3.7 should not have been propounded in view of the nature of the case. The Court is familiar with the facts and issues in this case. Plain...

Excerpt: ...long with various other assets of decedent) upon his death. Plaintiffs allege that Srinivas misappropriated the subject real property by recording a grant deed on July 17, 2015 transferring title of the subject real property from decedent to decedent and Srinivas, husband and wife, as community property with a right of survivorship. On July 6, 2020, Plaintiffs recorded a lis pendens as to the subject real property. Srinivas seeks to expunge the l...

Excerpt: ... conclusory grounds for striking the sections of the complaint. Second, as to the request to strike the prayer for punitive damages and injunctive relief the court finds that the allegations in the complaint support a claim for punitive damages given the allegations that Defendant's practice is to confuse tenants and circumvent tenant protections by sending an "explanation letter" that does not comply with Civil Code section 1950.5 and improperly...

Excerpt: ...hat actually occurred. The Court can take judicial notice of statements made by Plaintiff in the prior civil harassment proceedings, but it cannot take judicial notice of the truth of any of those statements. (See, e.g., Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McMort (2001) 91 Cal.App.4th 875, 885-887 and the cases cited therein.) Defendant's motion to strike Plaintiff's Third and Fourth Causes of Action in their entirety is DENI...

Excerpt: ...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 shifts to plaintiff to show the existence of a triable issue of fact regarding the cause of action or defense. (Id.) "There is a triable issue of material fact if, an...

Excerpt: ...t, as well as to Plaintiff's claim for punitive damages. Defendants' motion is GRANTED as to Plaintiff's First Cause of Action for Disability Discrimination. In order to establish a prima facie case of disability discrimination, Plaintiff must show (1) that he suffers from a disability, (2) he is capable of performing the essential functions of his job with or without a reasonable accommodation; and (3) he was subjected to an adverse employment a...

Excerpt: ...ng to the Alternative Writ Petition, Petitioner was arrested on the evening of 8/11/2019 in Pacifica for suspicion of driving under the influence of alcohol. (AWP ¶ 3.) Subsequent chemical testing indicated that Petitioner's blood alcohol level was above the legal limit. (Id. at ¶ 6.) On 10/10/2019, Petitioner requested an administrative hearing, which was conducted on 8/26/2020. (Id. at ¶ 8.) On 10/27/2020, the DMV issued an Order of Suspensi...

Excerpt: ...r action she filed on December 27, 2021. However, there are no facts appearing on the face of the Complaint indicating that Yang's unlawful detainer complaint had any effect on Plaintiff's decision to vacate the premises (nor, for that matter, does the Complaint contain any allegations indicating that Plaintiffs were even aware of the unlawful detainer complaint or or any prior 3 day notice to quit when they vacated the premises on December 31, 2...

Excerpt: ...ons of the proposed Third Amended Complaint reveals (at least) the following differences in the pleadings. First, Exhibit E contains a Second Cause of Action for Battery; Exhibit F does not. Second, the paragraph numbering from paragraph 30 onwards is significantly different. Third, the cause of action for Violation of PAGA (which is the Thirteenth Cause of Action in Exhibit E and the Twelfth Cause of Action in Exhibit F) contain different text, ...

Excerpt: [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, May 5, 2021 at 1:30 p.m. or at a subsequent date and time set by the Clerk of Dept. 514. The subject line of the email to the Court contesting the tentative ruling must lis...

Excerpt: ...T PREJUDICE Plaintiff's Motion to Compel Further Responses to Plaintiff's RFPDs. The Joint Statement submitted on or about 4/21/2021 indicates that on 4/9/2021 each of Defendants served Amended Responses to the RFPDs. These Amended Responses do not appear to be in the record, and no separate statement has been submitted regarding the Amended Responses and their alleged deficiencies. The Court notes that if fails to see any problem with Amended Re...

Excerpt: ...Theradome, Inc.'s ("Theradome") (Hamid and Theradome are, collectively, "Defendants") Motion for Summary Judgment ("MSJ") is DENIED. Defendants' alternative Motion for Summary Adjudication ("MSA") is GRANTED IN PART and DENIED IN PART. LAW RE: MSJ AND MSA "A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding." (CCP § 437c(a)(1).) "...

Excerpt: ...laintiff's argument that the response served by Defendant on November 24, 2020 does not comply with the requirements set forth in CCP § 2030.220(a). Although not completely deficient, the Court agrees that Defendant should have provided more facts than the few given in its response. However, the Court does not grant the motion as to interrogatory no. 10 in full because the use of the term "RELATED TO YOUR contention" is vague, ambiguous and inde...

Excerpt: ...nce the May 10, 2017 accident. The scope of the examination was also based on Plaintiff's representation that she would not be making a claim for mental and emotional distress above and beyond that usually associated with her physical injuries. See CCP § 2032.320((c)(1). As indicated by Defendant in great detail, Plaintiff appeared to disclaim the representations made by counsel prior to Dr. Strassburg's examination after he completed the examin...

Excerpt: ... Defendant's business originates from individuals and businesses in Louisiana, customers throughout the United States can make orders on the company's website and have the orders shipped to them. Defendant has made sales to customers in California over the years. Approximately six percent (6%) of Defendant's nationwide Internet sales are made to California customers. In 2017, Defendant made $174.00 in sales through its Internet website. In 2018, ...

Excerpt: ...k, 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. LAW RE: WRITS OF MANDATE "Section 1094.5 of the Code of Civil Procedure governs judicial review by administrative mandate of any final decision or order rendered by an administrative agency. ...

Excerpt: ... ("Plaintiff"). The Court ORDERS that no later than Friday, June 4, 2021, Plaintiff shall serve Defendant with full and complete verified Further Responses to Defendants First Sets of Form Interrogatories Nos. 7.1(b) and (c), 7.2, 7.3, 12.3, 12.4, 12.7 and 14.1 and to Defendants' First Set of Special Interrogatories Nos. 3, 7, 9-41, and 43- 45 without objections. (See Moving Separate Statement.) The Court further ORDERS Plaintiff to pay a monetar...

Excerpt: ... to resolve their dispute." (Miller v. Fortune Commercial Corporation (2017) 15 Cal.App.5th 214, 220, citing Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843.) Summary judgment is proper only when "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 of Civil Procedure ["CCP"] § 437c(c).) When a cross-complainant moves for summary adjudication, it is the cro...

Excerpt: ...cause of action for breach of contract as alleged in the Complaint is on its face time-barred based on the 12/20/2019 date of filing of the Complaint in this action pursuant to CCP § 337. Plaintiff may file and serve an Amended Complaint no later than Friday, May 28,2021, if Plaintiff can truthfully plead facts showing that his breach of contract claim is not time-barred. This tentative ruling will automatically become the Court's final order on...