Excerpt: ...es 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 not owe a duty to th...

Excerpt: ...otion was served. However, the only evidence provided by Cross-Complainant is a declaration from an attorney he retained to support him in this action, and Cross-Defendant's communication with that attorney. Cross-Defendants explain in reply that it had tried multiple times to contact Cross-Complainant directly, who is acting in pro per, but that he never responded. (Declaration of Bruce E. Methven ¶¶ 2-3; Declaration of Kelley Snider ¶¶ 8-14...

Excerpt: ...er 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 Tuesday, August 25, 2020, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Plaintiff allege that he was injured at the City of Berkeley Transfer Station on November 21, 2018. The injury apparently was caused by "two men in the truck" and invo...

Excerpt: ...the parties to participate in the hearing via Bluejeans in advance of the 8/25/2020 hearing date. In order to facilitate the discussion at the 8/25/2020 hearing, the Court provides the following substantive Tentative Ruling on the parties' respective motions. Defendants Global Quality Foods, Inc. et al's ("Defendants") Motion to Disqualify plaintiff Dzung Nguyen's ("Plaintiff") attorney H. Paul Bryant is GRANTED. Defendants have established that ...

Excerpt: ...Code §§ 2698 et seq.). CAA offers evidence that another substantially identical case was commenced in Los Angeles County Superior Court ten months before this action: Stuart v. Coast Aluminum & Architectural, Inc. (L.A. Cty. Super. Ct. Case No. 19STCV16308). It seeks to abate or stay proceedings in this action in deference to Stuart. Plaintiff opposes. For the reasons discussed below, the motion is DENIED. LEGAL STANDARDS A defendant may demur ...

Excerpt: ...) the likelihood that the moving party will ultimately prevail on the merits; and (2) the relative interim harm to the parties from issuance or non-issuance of the injunction. The court's determination is guided by a mix of the potential merit and interim harm factors. (Butt v. State of California (1992) 4 Cal.4th 668, 677-78.) "The general purpose of such an injunction is the preservation of the status quo until a final determination of the meri...

Excerpt: ...ssed the Court's concerns. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, August 25, 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, August 21, 2020 contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any requested hearing will m...

Excerpt: ...ous 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 agr...

Excerpt: ... parties to participate in the hearing via Bluejeans in advance of the 8/25/2020 hearing date. In order to facilitate the discussion at the 8/25/2020 hearing, the Court provides the following substantive Tentative Ruling on the Demurrer and Motion to Strike. The Court SUSTAINS IN PART and OVERRULES IN PART Defendant's Demurrer as set forth below. The Court DENIES Defendant's Motion to Strike in its entirety as set forth below. Plaintiff's Complai...

Excerpt: ... (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.3d 311, ...

Excerpt: ...probably because they are not worth the cost when the same result can be achieved by serving requests for admission or standard form interrogatories seeking the bases for the affirmative defenses." (Weil & Brown, Cal. Prac. Guide Civ. Pro. Before Trial (The Rutter Grp. 2018) Ch. 7(I)-A, ¶ 7:35.1.) Perhaps as a result, there is also a shortage of modern authority on the standard against which to judge the sufficiency of an answer's allegations. N...

Excerpt: ...e of the hearing. In order to facilitate discussions at the hearing, the Court issues the following Tentative Ruling. The Application for RAO is DENIED WITHOUT PREJUDICE. Plaintiff has not established the "probable validity" of its claims against defendant Indigo Dye Group Corp. ("Defendant"). LAW RE: ISSUANCE OF RIGHT TO ATTACH ORDERS Attachment is a prejudgment remedy pursuant to which an alleged creditor's right to obtain a Right to Attach Ord...

Excerpt: ...sing out of a "trip-and-fall" personal injury to Plaintiff outside of a Safeway supermarket on Shattuck Avenue in Berkeley, California. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, August 25, 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 21, 2020, the contesting party must email [email protected]....

Excerpt: ...st a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim." (CCP § 425.16(b)(1).) An "act in furtherance of a...

Excerpt: ...ument should be given qualified or absolute protection." (League of California Cities v. Superior Court (2015) 241 Cal.App.4th 976, 993; Wellpoint Health Networks, Inc. v. Superior Court (1997) 59 Cal.App.4th 110, 121.) The motion presents what appear to be unresolved issues regarding the application of qualified (aka conditional) attorney work product protection to pre-litigation investigation by a public interest entity as well as whether work ...

Excerpt: ...rsuant to Quine Defendants' subpoena on a mutually agreeable date and time. STANDARD OF LAW "If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion . . . may make an order . . . directing compliance with it upon those terms or conditions as the court sha...

Excerpt: ...erved on the USS Mount Katmai in or around March 1973 when the ship was being prepared for de-commissioning. LEGAL STANDARDS FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION MOTIONS "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).) "[T]he party moving for summary judgment bears the burden of persuasion that t...

Excerpt: ...ive damages against KG. (UMF 1) Plaintiff testified in deposition that he performed "side jobs" installing drywall in various Bay Area cities in the 1960s to early 1970s. Plaintiff testified that he used various brands of joint compounds. (UMF 8) Plaintiff testified that he used KG joint compound in the 1960s to early 1970s. (UMF 12) KG manufactured asbestos containing joint compound until 1976. (PMF 20.) KG did not place warnings on its asbestos...

Excerpt: ..., a service award of $10,000 for each of three class representatives, a net PAGA payment of $37,500, and settlement administration costs of $30,000. After these expenses, the class would get $1,032,500. The average payout per class members would be $321. The settlement was mediated with the assistance of Anthony Piazza. The court gives "considerable weight to the competency and integrity of counsel and the involvement of a neutral mediator in [co...

Excerpt: ... 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. Kintetsu Enterprises of America (2006) 141 Cal.App.4th 46, 61-62.) "[T]he trial court must look at the three [H&S Code 252...

Excerpt: ...rrer to the Complaint of Plaintiffs Rosalino Reyes III and Gemma Reyes (collectively, "Plaintiffs"), Fourth Cause of Action for Fraud, is SUSTAINED WITH LEAVE TO AMEND. Plaintiffs shall file and serve a First Amended Complaint within 10 days of the date of this order. 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 d...

Excerpt: ...ff was hospitalized. (Id. para. 9.) Dr. Lai wanted to perform an angiogram procedure on Plaintiff. (Id.) Plaintiff alleges he initially refused the test and informed Dr. Lai that Plaintiff's wife was the "decision-maker." (Id.) Plaintiff alleges that Dr. Lai "waited until there [were] no family members or friends near" and obtained Plaintiff's consent to proceed. (Id.) During the angiogram, Plaintiff alleges Dr. Lai pierced his right femoral arte...

Excerpt: ...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 against a demurrer the fa...

Excerpt: ...ation for Entry of Judgment and Installment Payments" filed with the court on July 3, 2019, which conditionally dismissed the case pursuant to the settlement, pursuant to C.C.P. 664.6. (See the Declaration of Brian P. Tapper ("Tapper Decl."), at ¶ 2, Exh. A.) The court may enter a judgment pursuant to the terms of that agreement under C.C.P. § 664.6. Additionally, the Declaration of Brian P. Tapper attached to the motion provides sufficient gro...

Excerpt: ...ncluding claims for discrimination and harassment. The causes of action that Plaintiff asserts in this action (for discrimination and harassment based on race and for intentional and negligent infliction of emotional distress) all relate to his employment and are subject to the agreement. To the extent that Plaintiff opposes this motion pursuant to Code of Civil Procedure § 1281.2(c) because he has also asserted claims against Defendants CEVA Lo...