Excerpt: ...lleges the defects inherent in the clamps were well-known to those in the construction industry. In order to state a prima facie claim for punitive damages, a complaint must set forth the elements as stated in the general punitive damages statute, Civil Code section 3294. (College Hospital, Inc. v. Superior Court (1994) 8 Cal.4th 704, 721.) These statutory elements include allegations that the defendant has been guilty of oppression, fraud or mal...

Excerpt: ...at the project. Plaintiff OUSD filed this action against Cal-Pac on February 17, 2017. Cal-Pac filed a Cross-Complaint against La Paz and other subcontractor parties, on May 1, 2017. INTERSTATE'S APPLICATION FOR GOOD FAITH SETTLEMENT "Any party to an action in which it is alleged that two or more parties are joint tortfeasoror co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into...

Excerpt: ... Decl., para. 10, Ech. C.) Thereafter, Plaintiff mailed Defendant monthly statements. (Rowe Decl., Exh. C.) Plaintiff asserts that on or about March 9, 2016, Plaintiff ceased making payments towards her balance. ((Rowe Decl., para. 12.) Plaintiff contends the balance due and owing on Defendant's account is $13,846.27. (Complaint, para. 10.) Plaintiff's verified Complaint, filed on July 22, 2019, pleads causes of action for: 1) breach of contract;...

Excerpt: ...t 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. section 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, and only if, the evidence would allow a ...

Excerpt: .... fka Art.com Inc. in which two additional directors were appointed and a Special Litigation Committee was formed. Plaintiffs have not followed the procedure contemplated by § 709, which requires the filing of an "action" by a shareholder who claims to have been denied the right to vote, and that upon the filing of such a "complaint", and before any further proceedings can be held, the court shall enter an order fixing the date for the hearing f...

Excerpt: ...e complaint or cross-complaint against him[;] [and/or] (b) Any cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross-complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy w...

Excerpt: ...l. App. 3d 486, 488-89.) A court's discretion is usually exercised liberally to permit amendment of the pleadings, and it is a rare case in which denial of leave to amend can be justified. (See, e.g., Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) "[I]t is an abuse of discretion to deny leave to amend where the opposing party was not misled or prejudiced by the amendment." (Atkinson v. Elk Corp. (2003) 109 Cal. App. 4th 739, 76...

Excerpt: ...will be conducted on Wednesday July 29, 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, July 24, 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 ...

Excerpt: ...2006) 138 Cal.App.4th 1371, 1377-1378; and Roy Supply, Inc. v. Wells Fargo Bank (1995) 39 Cal.App.4th 1051, 1057-1058. Defendant also correctly contends that Plaintiff has not alleged facts sufficient to establish that it owed Plaintiff a duty of care when it accepted for deposit unendorsed checks made payable to Plaintiff's principals. See Chazen v. Centennial Bank (1998) 61 Cal.App.4th 532, 543 (number of situations were a bank would owe a non-...

Excerpt: ...Plaintiff on February 18, 2020. The demurrer by Defendants Saybrook and TCS to the First Cause of Action for Breach of Contract, is SUSTAINED WITH LEAVE TO AMEND as to defendant Saybrook under C.C.P. 430.10(f) and WITH LEAVE TO AMEND as to defendant TCS under C.C.P. 430.10(e). First, after sustaining the first demurrer, Plaintiff still has not alleged facts that would make TCS liable for the breach of a contract that it is not a party to. Althoug...

Excerpt: ... conducted on Tuesday, July 28, 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, July 21, 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 w...

Excerpt: ...aintiff to file a Third Amended Complaint. The request was granted. The trial date at the time was October 7, 2019. In August 2019, Defendants filed a Motion to Continue Trial. The motion was based on Defendants' intent to file a Motion for Summary Judgment prior to trial. The motion was granted, and the trial date was continued to October 26, 2020. Plaintiff then filed his Fourth Amended Complaint on November 4, 2019, after the Court granted Def...

Excerpt: ...ch 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 also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes ...

Excerpt: ...he declaration of David Cumes M.D. in place of Dr. Eisenberg's declaration. The declaration, which does not state any of Dr. Cumes' qualifications or specialty and does not state that Dr. Cumes examined or evaluated Plaintiff. The declaration merely states that Dr. Cumes is a medical doctor and that Dr. Cumes "personal observation" on January 31, 2020 that "Dr. Krippner made me aware of his recent hospitalization...the chronic pain he suffers as ...

Excerpt: ...t. (2020) 9 Cal.5th 279 regarding whether Defendants are entitled to a jury trial, would accommodate the ends of justice or promote the orderly conduct of these proceedings. (OTO, LLC v. Kho (2019) 8 Cal.5th 111, 141.) As plaintiff People of the State of California ("Plaintiff") states in Opposition, Defendants' requested continued stay differs from the previous stay granted by the Court during the pendency of Plaintiff's appeal in the California...

Excerpt: ...ion any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice." (CCP § 2025.450(a).) In this personal injury action, Plaintiff alleges that she was injured by Gard...

Excerpt: ...ading[.]" (CCP § 473(a)(1).) "[T]rial courts are to liberally permit such amendments, at any stage of the proceeding[.]" (Hirsa v. Superior Court (1981) 118 Cal. App. 3d 486, 488-89.) A court's discretion is usually exercised liberally to permit amendment of the pleadings, and it is a rare case in which denial of leave to amend can be justified. (See, e.g., Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) "[I]t is an abuse of di...

Excerpt: ...sition of the action in his absence may . . . leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of his claimed interest." (CCP § 389(a).) "If he has not been so joined, the court shall order that he be made a party." (Id.) If the person "cannot be made a party, the court shall determine whether in equity and good conscience the action should proce...

Excerpt: ...6 days either prior to the current 7/27/2020 hearing date or the continued 8/31/2020 hearing date. The Court was unable to find any proof of service or evidence of that Plaintiffs have provided proper notice of the final approval hearing on the LWDA. The Court ORDERS Plaintiffs to file a supplemental declaration and/or proof of service at least five (5) days in advance of the continued 8/31/2020 hearing date, evidencing timely service of the Moti...

Excerpt: ...ction with prior discovery motions on six occasions. Defendants have advised the Court that Plaintiff has not yet paid any portion of the $6,190.00 that she has been ordered to pay. The Court notes that counsel for Plaintiff attached a personal check in the sum of $5,200.00 made payable to Gordon Rees, et al. with the courtesy copy of her opposition to the motion. The Court does not understand why Ms. Parker did not transmit the check to Defendan...

Excerpt: ...In opposing 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 presumption is, in the absence of an affirmative showing in that particular, that the county in which the title of the action shows that it is brought is, prima facie, the proper county[.]" (Quick v. Co...

Excerpt: ... filed under seal only if it expressly finds facts that establish: (1) [t]here exists an overriding interest that overcomes the right of public access to the record; (2) [t]he overriding interest supports sealing the record; (3) [a] substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) [t]he proposed sealing is narrowly tailored; and (5) [n]o less restrictive means exist to achieve the ove...

Excerpt: ...ion any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice." (CCP § 2025.450(a).) In this personal injury action, Plaintiff alleges that she was injured by Gard...

Excerpt: ...llectively, "Defendants") Motion to Compel Plaintiffs Steven J. Watts ("Mr. Watts") and Cindy L. Watts (collectively, "Plaintiffs") a Compliant Privilege Log is CONTINUED to 10:00 AM on 08/14/2020 in Department 18, Civil Law and Motion, Administration Building, 1221 Oak Street, Oakland. "If an objection [to an inspection demand] is based on a claim of privilege or a claim that the information sought is protected work product, the response shall p...

Excerpt: ...an expert[;] (b) [s]ubmit an expert witness declaration[;] (c) [p]roduce reports and writings of expert witnesses[;] (d) [m]ake that expert available for a deposition[.]" (CCP § 2034.300.) MOTION Plaintiffs ask that the Court issue an order permitting the deposition of John Templin ("Templin"), Plaintiffs' expert in industrial hygiene, even though expert discovery has closed. Plaintiffs identified Templin as one of its experts in the field of in...