Excerpt: ...th Asian, became Plaintiff's co-supervisor, along with Harden. (SSUMF No. 4.) On July 13, 2016, Plaintiff was in a meeting with Tarin and fulfillment manager Kevin Costello. It is undisputed that during the meeting, Tarin stressed the importance of punctuality for all employees and also announced Plaintiff's shift time would be changing from 7:30 am to 9:00 am. (SSUMF No.5.) It is further undisputed that Plaintiff was frustrated by the meeting an...

Excerpt: ...on Tuesday August 11, 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 4, 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 advi...

Excerpt: ...Cal Physicians' Servs. (2000) 81 CalApp.4th 39, 43. The motion must be overruled if the factual allegations ... state a cause of action under any possible legal theory, regardless of the causes of action set forth in the complaint itself. Wolfe v. State Farm (l996) 46 Cal.App.554, 559. All facts are to be construed in the light most favorable to plaintiff. Perdue v. Crocker Nat'l Bank (l985) 38 Ca.3d 913, 922. But allegations which express mere c...

Excerpt: ...lass. The case preliminarily settled for a total of $1,150,000. The settlement agreement states there will be attorneys' fees of up to $383,333.33 (33.333%), costs of up to $20,000, a service award of $10,000 for each class representative, and a net PAGA payment of $18,750, and settlement administration costs of $17,000. After these expenses, the class would get $690,916. The average payout per class members would be $1,311. The settlement was me...

Excerpt: ...Guild for which he is entitled to restitution (see Second Amended Complaint, paragraphs 80, 123, and 127), and he seeks an injunction preventing Defendants from continuing to (allegedly) misappropriate his intellectual property (see Second Amended Complaint, paragraphs 123 and 127.) Those allegations, if true, may support a claim for Unfair Business Practices. Such a claim can be based on a conduct that affects a single victim. (See The Rutter Gr...

Excerpt: ...y Exhibit B, referenced in Complaint paragraph 12, which is purportedly the Trailer Requirements currently posted on the City's website. The Court infers that Exhibit A to the Complaint may be the same document attached as Exhibit A to Plaintiff's Request for Judicial Notice, and that Exhibit B to the Complaint may be the same document attached as Exhibit 5 to the City's Request for Judicial Notice. Plaintiff alleges that the City has unlawfully ...

Excerpt: ...knowledge of a long history of violence at the San Leandro BART station; 2) the parking lot was inadequately lit; 3) the landscaping in the parking lot was improperly maintained; and 4) the security staff at the parking lot was inadequate. (FAC, p. 4.) LEGAL STANDARD "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 t...

Excerpt: ...hearing on this Motion will be conducted on Tuesday, August 11, 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 4, 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 ...

Excerpt: ...re January 2020; to comply with the mandatory good cause determination requirement imposed by Ordinance 11568; and to prohibit issuance of any overweight permits that allow only two tires per axle. In determining whether to issue a preliminary injunction, the Court considers two interrelated factors; (1) the likelihood that the plaintiff will prevail on the merits of his case at trial, and (2) the interim harm that plaintiff is likely to sustain ...

Excerpt: ...he Superior Court of California, Alameda County for a coordination hearing. The Court received the order and commenced this proceeding July 1, 2020. Defendant West Coast Convenience, LLC opposes the petition. Using powers delegated to him as the Supervising Judge of Complex, Judge Seligman assigned himself to serve as coordination motion judge on July 1, 2020. Having considered all papers filed in support of the petition to coordinate, the Court ...

Excerpt: ...for Production (Set One), which were due on August 23, 2019. (Declaration of Anthony Case at ¶ 4.) The court granted Defendant's motions to compel further responses and request for production of documents on February 28, 2020, ordered Plaintiffs to provide verified responses by March 6, 2020 and awarded monetary sanctions. (Declaration of Anthony Case at ¶ 10, Exhibit A.) Defendant attempted to meet and confer with Plaintiffs and received a cor...

Excerpt: ...hibits A and B to Defendant's joint declaration. However, the Court finds that Defendants unreasonably delayed in bring this Motion. Therefore, the Court ORDERS Defendants to pay Plaintiff's actual costs and legal fees incurred by Plaintiff for the preparation and filing of Plaintiff's Motion for Summary Judgment or, in the alternative, Summary Adjudication filed on 5/1/2020 in this action (the "MSJ/MSA"). The Court instructs Plaintiff at or befo...

Excerpt: ...ection with the commencement and prosecution of such action." (Cal. Civ. Code § 1794(a).) A prevailing buyer has the burden of "showing that the fees incurred were 'allowable,' were 'reasonably necessary to the conduct of the litigation,' and were 'reasonable in amount.'" (Nightingale v. Hyundai Motor Am. (1994) 31 Cal. App. 4th 99, 104.) "The plain language of the statute allows only for the recovery of attorney fees which have been 'reasonably...

Excerpt: ...duty to act upon a defectively served summons." (Kappel v. Bartlet (1988) 200 Cal. App. 3d 1457, 1466.) "The requirement of notice 'is not satisfied by actual knowledge without notification conforming to the statutory requirements' . . . it is long-settled that methods of service are to be strictly construed and that a court does not acquire jurisdiction where personal service is relied upon but has not in fact taken place." (Id. at 1466-67.) MOT...

Excerpt: ...16/2020 hearing date. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, August 4, 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, July 31, 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 most like...

Excerpt: ...ff and defendant Peet's Coffee & Tea, LLC ("Peets") in opposition to the MSJ/MSA present evidence sufficient to create triable issues of material fact regarding whether defendant TGLG, Inc. dba Bloomin' Blinds ("TGLG") was an agent of Defendant as of 10/27/2016 when TGLG last serviced the at-issue window shade. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, August 4, 2020 at 9:00 a.m...

Excerpt: ...for pro per parties and for the forensic accountant. Prior approval not required to appear via CourtCall. Contact CourtCall, an independent vendor, at least three business days before the scheduled conference. Call 1-888-882-6878, or fax a service request to (888) 882-2946. If you are representing yourself or your are the forensic accountant you should advise CourtCall that the court has waived fee for this appearance. The following is the Court'...

Excerpt: ...0 for each of three class representatives, a net PAGA payment of $30,000, and settlement administration costs of up to $13,000. After these expenses, the class would get approximately $490,000. The average payout per class members would be approximately $828. The settlement was mediated with the assistance of Jeffrey L. Krivis. The court gives "considerable weight to the competency and integrity of counsel and the involvement of a neutral mediato...

Excerpt: ...ection with the commencement and prosecution of such action." (Cal. Civ. Code § 1794(a).) A prevailing buyer has the burden of "showing that the fees incurred were 'allowable,' were 'reasonably necessary to the conduct of the litigation,' and were 'reasonable in amount.'" (Nightingale v. Hyundai Motor Am. (1994) 31 Cal. App. 4th 99, 104.) "The plain language of the statute allows only for the recovery of attorney fees which have been 'reasonably...

Excerpt: ...to expunge the notice." (CCP § 405.30.) "The claimant shall have the burden of proof[.]" (Id.) "[T]he court shall order the notice expunged if the court finds that the pleading on which the notice is based does not contain a real property claim." (CCP § 405.31.) "Real property claim" means the cause or causes of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property or (b) th...

Excerpt: ...efendant FFE Transportation Services ("FFE"). Two discovery motions are presently before the Court, both involving Plaintiff's request to inspect one of the tires from the tractor involved in the accident. On May 28, 2020, Plaintiff filed a motion to compel further response and production of tangible item, seeking an order requiring Defendant to produce for inspection one of the tires on the tow truck that allegedly caused the accident. On July 2...

Excerpt: ...d for all purposes to the Honorable Delbert C. Gee. There has been a substantial number of motions filed by both sides in this case, including challenges to the pleadings. For the purposes of this motion, the parties ask the Court to review Judge Gee's order of August 14, 2015 granting the Motion of Defendants Sipi Metals Corp. and Marion Cameron ("the Chicago Defendants") to Dismiss for Lack of Personal Jurisdiction. Judge Gee determined that Pl...

Excerpt: ... Cross-Defendant allegedly performed all or nearly all of the work before Cross-Complainants terminated him in December 2017 for failure to comply with the terms of the contract. Cross-Defendant submitted invoices to Cross-Complainants that total $276,808.87. Cross-Complainants paid Plaintiff $173,355.75. Plaintiff Meurer filed his Complaint on May 10, 2018. Defendants filed their Cross-Complaint against Meurer on July 27, 2018. The Court set the...

Excerpt: ...) Following the accident, Plaintiff released his vehicle to Defendant with the expectation that the vehicle would be repaired. (FAC, para. 4.) At some point, it appears Defendant attempted to return the vehicle to Plaintiff. (FAC, para. 8 (alleging Farmers "threaten[ed] to drop off plaintiff's vehicle at his place of residence.") LEGAL STANDARD "A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v. Trader...

Excerpt: ...osing the motion to change venue, '[t]he plaintiff may bolster his or her choice of venue with counter affidavits consistent with the complaint's theory of the type of action but amplifying the allegations relied upon for venue.'" (Id.) The general venue statute states that "[e]xcept as otherwise provided by law and subject to the power of the court to transfer actions or proceedings . . . the superior court in the county where the defendants or ...