Excerpt: ...2676935. The Court will advise the parties of the manner in which the hearing will be conducted in advance of the hearing. The Court provides the following discussion in order to advise the parties of the Court's tentative positions with respect to the Motions. THE MOTION TO QUASH The Court is inclined to grant the Motion to Quash on the following terms. The Court finds that Plaintiff's privacy interests in her medical records are such that produ...

Excerpt: ...nterest 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 overriding interest." (Cal. Rules of Court, Rule 2.550(d).) MOTION TO SEAL Defendant seeks to seal confi...

Excerpt: ...milar, they are based on Labor Code violations separate and distinct in time. In Reply, Plaintiffs present no evidence to support a finding that the respective claims against each employer defendant are properly joined in a single action. Nevertheless, the Court grants Plaintiffs leave to file and serve a renewed Motion if Plaintiffs believe they can present evidence showing that it would be appropriate to join both employer defendants in a singl...

Excerpt: ...whether to approve a settlement agreement."].) California follows a two-stage procedure for court approval: first, the Court reviews the form of the terms of the settlement and form of settlement notice to the class and provides or denies preliminary approval; later, the Court considers objections by class members and grants or denies final approval. (Cal. R. Ct., R. 3.769.) On May 26, 2020, the Court granted preliminary approval of the class act...

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: ...ividuals was a "direct consequence" of Plaintiff's discharge of his duties as an officer, director and employee of defendants Fabricated and CCKX. Plaintiff may file and serve a Second Amended Complaint no later than Friday, August 7, 2020. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, July 21, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LA...

Excerpt: ...h its obligations under numerous Labor Code provisions in its relationship with non-exempt employees. Plaintiff defines the term "aggrieved employees" as current or former hourly-paid or non-exempt employees who worked for Mattson during the period from November 12, 2018 to February 3, 2020. Plaintiff attached a copy of her November 12, 2019 notice of intent to file PAGA claim delivered to the Labor & Workplace Development Agency ("LWDA") to the ...

Excerpt: ...2676935. The Court will advise the parties of the manner in which the hearing will be conducted in advance of the hearing. The Court provides the following discussion in order to advise the parties of the Court's tentative positions with respect to the Motions. THE MOTION TO QUASH The Court is inclined to grant the Motion to Quash on the following terms. The Court finds that Plaintiff's privacy interests in her medical records are such that produ...

Excerpt: ... advise the parties of the manner in which the hearing will be conducted in advance of the hearing. The Court provides the following discussion in order to advise the parties of the Court's tentative positions with respect to the Motions. THE MOTION TO QUASH The Court is inclined to grant the Motion to Quash on the following terms. The Court finds that Plaintiff's privacy interests in her medical records are such that production of her medical re...

Excerpt: ...ng manufactured and/or furnished by Defendant to plastering and other contractors, including, inter alia, Joel McCray and Thomas F. Scollan. LEGAL STANDARDS FOR MOTIONS FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION "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 b...

Excerpt: ...to the extent that the First Cause of Action may be premised on Trinity's alleged failure to comply with Civil Code § 2923.6, § 2924.10, and § 2924.11 (see, e.g., Complaint at paragraphs 24-26), those statutory provisions apply only to first lien mortgages or deeds of trust. (See Civil Code § 2924.15.) The deed of trust that is the subject of this lawsuit secures a second loan, not a first lien. (See Complaint, paragraphs 5- 7; see also Trini...

Excerpt: ...st giving clear and reasonable warning to such individual, except as provided in Section 25249.10." (Health and Safety Code 25249.6) Section 25249.10 in turn states that there is no warning requirement if (1) the exposure poses no significant risk assuming lifetime exposure at the level in question and (2) the exposure will have no observable effect assuming exposure at one thousand (1,000) times the level in question. The state publishes presump...

Excerpt: ...st giving clear and reasonable warning to such individual, except as provided in Section 25249.10." (Health and Safety Code 25249.6) Section 25249.10 in turn states that there is no warning requirement if (1) the exposure poses no significant risk assuming lifetime exposure at the level in question and (2) the exposure will have no observable effect assuming exposure at one thousand (1,000) times the level in question. The state publishes presump...

Excerpt: ...P 382.4 in a declaration filed before the hearing, then the court's tentative decision will be: The motion of plaintiffs for preliminary approval of class action settlement is GRANTED. The complaint alleges claims on behalf of hourly employees and asserts claims for Labor Code violations. There are approximately 212 members of the class. The case preliminarily settled for a total of $950,000. The settlement agreement states there will be attorney...

Excerpt: ...c., § 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. First, the court notes that Plaintiffs, in their opposition papers, have agreed to withdra...

Excerpt: ...en subpoenaed are third parties who were involved in the design and construction of the agricultural barn on Plaintiff's property. Plaintiff argues that the deposition of the eight witnesses would be unduly burdensome and expensive, as well as intrusive, which outweighs any potential relevancy of the information sought. Plaintiff argues that it is immaterial whether or not the Agricultural Barn was built for a different purpose because Defendant'...

Excerpt: ...NIED for the reasons set forth below. Plaintiffs contend that plaintiff Robert G. Fenstermacher was exposed to respirable asbestos fibers from Defendant's asbestos-containing steam traps while serving in the U.S. Navy aboard the U.S.S. Bon Homme Richard from 1965 to 1967. LEGAL STANDARDS FOR MOTIONS FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION "A party may move for summary judgment in an action or proceeding if it is contended that the action ha...

Excerpt: ...ising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference." (CCP § 36(d).) Further, "the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by granting this preference." (CCP § 36(e).) MOTION FOR PREFERENCE Plaintiffs se...

Excerpt: ...surveillance of any parties to this action. Plaintiff has objected to all of the discovery requests on the grounds that the requests are privileged as attorney work product, relying on Coito v. Superior Court (2012) 54 Cal.4th 480 ("Coito"). Even though Coito relates to witness statements taken by counsel, the court finds that the analysis is still the same regarding whether or not the requests ask for attorney work product. Defendant relies on S...

Excerpt: ... argue that the present motion to compel is not justified because they agree to allow Defendant and his counsel conduct a site inspection, film the drone flight from the ground. However, Plaintiff does not appear to agree to allow Defendant's experts attend the site inspection and Plaintiff objects to a site inspection of the agricultural barn. The court finds that although Plaintiffs wish to limit the individuals who have access to the property,...

Excerpt: ...EVANT PERSONS The plaintiffs are the plaintiffs in this case. Precision Tile & Granite is the defendant in this case. U.S. Perma is a business competitor to defendant Precision Tile & Granite. U.S. Perma's president is Jack O'Brien. Jack O'Brien is on the board of the LMCC and on the board of the Association. The LMCC is an industrywide labor management committee formed under 29 USC 175a. The LMCC's board includes US Perma president Jack O'Brien ...

Excerpt: ...dent directors of IW. At that same meeting, the Board approved the establishment of a Special Litigation Committee ("the SLC"), consisting of Niehaus and Wells, to investigate the claims made by Plaintiffs in this case. (See Exhibit A to the Supplemental Declaration of Aviva Gilbert.) The "general rule" under Delaware law (which both parties have agreed governs Plaintiffs' claims) is that "a stay must be granted when a special litigation committe...

Excerpt: ...therine Smith (collectively, "Defendants"), sued her former employer Shannon B. Jones Law Group Inc. ("SJLG") and Shannon Jones for various wage and hour related claims, as well as for constructive termination and other torts arising out of her employment. During the course of litigation of the prior case, Ms. Vella-Andrade turned over to her counsel LV approximately 27,000 pages of records she had collected during her employment at SJLG as poten...

Excerpt: ... the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists," except under certain situations outlined by statute. (CCP § 1281.2.) The Court will not order arbitration of the controversy if: (a) the right to compel arbitrati...

Excerpt: ...produce responsive documents pursuant to that Request for Production of Documents. Plaintiff states that PPILP initially responded to this discovery on April 29, 2019 by objecting to every request on the grounds of lack of jurisdiction over PPILP and asserting that the requests are overly broad and burdensome and not reasonably calculated to lead to the discovery of relevant, admissible evidence. PPILP produced no documents. Plaintiff states that...