Excerpt: ...pared to make such an order on the present record. Defendants are authorized to resume the deposition of Plaintiff to develop facts relating to possible communications not in his possession, the accounts they may be in, Plaintiff's willingness to cooperate with their production, the burden that may be involved with such production and other factors relevant to whether such consent should be ordered. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE R...

Excerpt: ...sday, September 1, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM on Friday August 28, 2020, the 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 th...

Excerpt: ...us so-called lemon law cases filed by attorneys throughout California. This case was not much different than the vast majority of them. The initial trial date in December 2017 was vacated when counsel gave the Court notice that their clients had settled the dispute in November 2018. The notice was apparently premature. Several compliance hearings were set and then continued while counsel for Plaintiff and Defendant attempted to reach a final agre...

Excerpt: ...trong admonition that if the defects identified in Defendant's motion and in this order are repeated, the court is unlikely to allow further amendment. Plaintiff is urged to seek legal counsel. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, September 1, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM on Friday August 28, 2020,...

Excerpt: ...n Friday August 28, 2020, the 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 ten...

Excerpt: ..., Plaintiff seeks to depose FCA's PMQ, but FCA has refused to produce a witness until late 2020 and only with respect to noticed matters of examination 1 (service and warranty history and repairs for subject vehicle) and 2 (communications between the parties), of but not the remaining topics regarding communications with third parties about the subject vehicle, other 2015 Fiat 500E vehicles repurchased or replaced pursuant to lemon laws by FCA, s...

Excerpt: ... the mid-1960s. (PMF 9) KG warned its employees about asbestos starting in the mid-1960s. (PSSF 9-19.) KG did not place warnings on its asbestos containing products, including joint compound, until 1972. (PMF 21.) Plaintiff worked as a carpenter form 1960-1979. (PSSF 1) Plaintiff worked with KG joint compound. (PSSF 5-6.) Plaintiff never saw a warning of a bag of KG joint compound. (PSSF 7.) THIRD CAUSE OF ACTION The motion for summary adjudicati...

Excerpt: ... 3AC argues that the EMC fee is charged without regard to the specific services provided. (3AC, para 2, 10, 11, 13.) The analogy would be a cover charge at a bar that is not disclosed on arrival and is charged after the patron has committed to enter the bar. The 3AC is not asserting that Sutter fails to list the EMS fee as a line item on its Chargemasters or that it fails to list the price on the Chargemaster. (3AC, para 1, 12.) The 3AC asserts a...

Excerpt: ...states there will be attorneys' fees of up to $47,313.31 (30%), costs of up to $8,012.25, a service award of $5,000 for the class representative, and settlement administration costs of $14,000. After these expenses, the class would get $78,101. The average payout per class members would be $189. The settlement was mediated with the assistance of Tripper Ortman. The court gives "considerable weight to the competency and integrity of counsel and th...

Excerpt: ..."A party may move for judgment on the pleadings." (CCP § 438(b)(1).) 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 alleged in the complaint[;] [or] (ii) [t]he complaint does not state facts sufficient to constitute a cause of action against that defendant." (CCP § 438(c)(1)(B).) "The grounds for [the] motion . . . shall appear on th...

Excerpt: ...e Sukamato's ("Plaintiff") Motion for Reconsideration is DENIED. STANDARD OF LAW FOR MOTION FOR RECONSIDERATION "When an application for an order has been made to a judge, or to a court, and . . . granted . . . any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made th...

Excerpt: ...aims and allegations from the First Amended Complaint. The remaining allegations in the First Amended Complaint fall into three categories of claims against Defendant. First, Plaintiff alleges that Defendant engaged in various misconduct in his capacity as an Alameda County district attorney between 2008 and 2010, including refusing to charge jail inmates who had attacked Plaintiff while incarcerated, purportedly allowing those attacks to occur, ...

Excerpt: ..., Plaintiff seeks to depose FCA's PMQ, but FCA has refused to produce a witness until late 2020 and only with respect to noticed matters of examination 1 (service and warranty history and repairs for subject vehicle) and 2 (communications between the parties), of but not the remaining topics regarding communications with third parties about the subject vehicle, other 2015 Fiat 500E vehicles repurchased or replaced pursuant to lemon laws by FCA, s...

Excerpt: ...declaratory relief, the case proceeded to a jury trial on Plaintiff's claim of bad faith resulting in a jury verdict for Plaintiff and an award of damages for breach of contract and bad faith. The Court of Appeal reversed and remanded. (Victaulic Co. v. American Home Assurance Co. (2018) 20 Cal.App.5th 948.) The matter is currently set for trial on October 4, 2021. LEGAL STANDARD Pursuant to Civil Procedure section 436, a "court may, upon a motio...

Excerpt: ...little (collectively, "Individual Defendants"), and First United Credit Union ("First United") (collectively, "Defendants"). In this action, Broadmoor alleges that the Individual Defendants planned an ouster of Pastor Marcia Flagg ("Flagg") and a takeover of the Board of Directors of Broadmoor by calling an improperly noticed meeting to insert a new unelected Board of Directors. (Second Am. Compl. ¶ 15.) Broadmoor alleges that Porter caused a St...

Excerpt: ...8 Plaintiff and Defendant Riley entered into a written settlement agreement. (RJN, Exh. A.) On August 29, 2019 the Court granted a motion brought by Plaintiff to compel enforcement of the settlement agreement. (C.C.P. sec 664.6.) DEFAULT ON APPEAL Mr. Riley filed a notice of appeal on October 9, 2019 and on October 28, 2019 a Notice of Default on Appeal issued for failure to designate the record. On February 20, 2020, the First Appellate District...

Excerpt: ...uld hear the motion. That being said, given Plaintiff's known objection to the documents production and requested that Defendant to refrain from reviewing the documents until the motion had been resolved and the COVID-19 related delays, the court will rule on the merits of the motion as though the documents had not been produced. Second, the court finds that Plaintiff Christopher George's claims place at issue his medical records at issue. Plaint...

Excerpt: ...d that Ms. Colbert must retain an attorney to represent the Trust. In support of this argument, Defendants cite to Ziegler v. Nickel (1998) 64 Cal.App.4th 545 and Hansen v. Hansen (2003) 114 Cal.App.4th 618. Ms. Colbert contends she need not retain an attorney to represent the Trust, and that Hansen and Ziegler are distinguishable. (See Aulisio v. Bancroft (2014) 230 Cal.App.4th 1516, 1519-1520.) The Aulisio court observed that Hansen and Ziegler...

Excerpt: ...l facts exists as to that defense. In doing so, the plaintiff cannot rely on the mere allegations or denial of his pleadings, "but, instead, shall set forth the specific facts showing that a triable issue of material fact exists...." (Bay Area Rapid Transit Dist. v. Superior Court (1996) 46 Cal.App.4th 476, 480-481.) This matter arises from Defendant's refusal to indemnify Plaintiff for the loss of his vehicle (the "Vehicle"), which was insured b...

Excerpt: ...ce, embarrassment, or oppression, or undue burden and expense." Code Civ. Proc., § 2031.060, subd. (b).) However, the party who is seeking the protective order must show good cause for issuance of the order by a preponderance of evidence. (Stadish v. Sup.Ct. (Southern Calif. Gas Co.) (1999) 71 Cal.App.4th 1130, 1145.) The court finds that Defendants presented good cause in support of their motion by a preponderance of the evidence. The court fin...

Excerpt: ...ases this argument on section 2 of the Stipulation, which provides "In the event the Scheer Law Group does not send the funds and instead interpleads the funds, this agreement will be null and void." Beoris contends that the funds were indeed interpleaded with the Court, citing page 2 of a "Judgment and Order Following Hearing on Petition to Distribute Surplus Funds" entered March 16, 2018 in consolidated Case No. HG17-881430 (hereinafter, "the J...

Excerpt: ...is apartment, which he did that same day. (See Third Amended Complaint, paragraphs 10-11.) Plaintiff's Third Cause of Action alleges a violation of Oakland Municipal Code § 8.22.360(A). That section provides that a landlord may not recover possession of a rental unit in Oakland unless the landlord is able to establish one of a number of specified conditions. One such condition, and the one that is relevant here, is if the landlord seeks to make ...

Excerpt: ...of action in the Cross-Complaint on October 30, 2018. The Court does not agree with Cross-Defendant's argument that the City of Oakland's determination on Cross- Defendant's appeal of the violation renders the claim invalid as a matter of law. Cross-Complainant alleged that the contract was breached by Cross-Defendant's illegal conduct that violates both the laws of the City of Oakland and the State of California. The Court is required to constru...

Excerpt: ...urteen (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.) An "irrelevant mat...

Excerpt: ...et No. 1) Nos. 36-82, Form Interrogatories (Set No. 1) No. 17.1, and Request for Production of Documents (Set No. 1) No. 20. Defendant's Request for Sanctions is GRANTED IN PART. IT IS ORDERED THAT sanctions in the amount of $3,560.00 is payable by Plaintiff to Defendant no later than thirty (30) days from the date of this Order. As a threshold issue, Plaintiff argues that Defendant has not adequate met and conferred prior to bringing this Motion...