Excerpt: ...ndant moving for summary judgment must 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. § 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...

Excerpt: ...he 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 facts alleged in the pleading are deemed to be true, however improbable they may be." (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Courts "give the com...

Excerpt: ...and that she advised employees of the university about her problems "at all times relevant herein." In particular, Plaintiff informed the university's Vice President, Dr. Craig Elliot. Plaintiff complains that Defendant violated her right to medical privacy by sharing the information with those without a need to know about her history of mental illness. Furthermore, Plaintiff alleges that she endured continuous abuse at the hands of one of her in...

Excerpt: ... December 2014. Plaintiffs allege that neither NNA nor its agents at the dealership disclosed to them that the Continuous Variable Transmission ("CVT") in the vehicle had substantial defects known only to NNA and the dealers. Plaintiffs contend that they would have found such information to be material. They most likely would not have purchased the vehicle if the required disclosure had been made at the time of purchase. Defendant challenges only...

Excerpt: ...AA Insurance Group as attorneys for the defendant in the Contra Costa case. Later that year, Morgan became attorney of record for Martinez, and Plaintiffs filed a notice of lien in that case. Sometime thereafter, counsel in the Contra Costa case reached a settlement and in 2013 they filed motions to enforce settlement and expunge Plaintiffs' liens. Those motions were granted by Judge Judith Craddick on February 4, 2014. Plaintiffs (who were not p...

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: ...CP § 1005(b) ["All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days . . . before the hearing."].) Morgan and his counsel are admonished to comply with filing deadlines in all future filings. STANDARD OF LAW "[T]he court, upon motion reasonably made by [a party] . . . may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those ...

Excerpt: ..."ppb") average acrylamide concentration by weight will satisfy the Office of Environmental Health Hazard Assessment's ("OEHHA") No Significant Risk Level ("NSRL") of 0.2 µg/day of acrylamide for cancer and Maximum Allowable Dose Level ("MADL") of 140 µg/day of acrylamide for reproductive toxicity for the products at issue. (See https://oehha.ca.gov/proposition-65/chemicals/acrylamide.) There was no explanation in the Motion or the [Proposed] Co...

Excerpt: ...against Defendant-in-Interpleader Old Depot Public House, Inc. ("Old Depot") and Rebecca Boyles ("Ms. Boyles") (collectively, "Respondents") and Respondents' counsel, H. Paul Bryant. The arbitrator had awarded Spirit Wolf $140,000 in damages. In addition, the arbitrator awarded $105,572.00 in fees and $20,502.57 in costs, as well as additional arbitration fees in the amount of $2,970.00. Finally, the arbitrator granted Spirit Wolf's motion for sa...

Excerpt: ...amone's claim for loss of consortium, and (3) Plaintiff Bonnie Brown's claim for negligent infliction of emotional distress. Each of these claims should be pled in separate causes of action. Second, as to Bonnie Brown's claim for negligent infliction of emotional distress, Ms. Brown is given leave to amend to allege facts demonstrating how she was contemporaneously aware, at the time she observed her son's interactions with Kaiser's staff, that K...

Excerpt: ...AA Insurance Group as attorneys for the defendant in the Contra Costa case. Later that year, Morgan became attorney of record for Martinez, and Plaintiffs filed a notice of lien in that case. Sometime thereafter, counsel in the Contra Costa case reached a settlement and in 2013 they filed motions to enforce settlement and expunge Plaintiffs' liens. Those motions were granted by Judge Judith Craddick on February 4, 2014. Plaintiffs (who were not p...

Excerpt: ...omplaint ("SAC") is OVERRULED. 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 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 fr...

Excerpt: ... IN PART and OVERRULED IN PART as set forth in detail below. Cross- Complainants may file and serve a Second Amended Cross-Complaint no later than Friday, July 31, 2020, consistent with this Order. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, July 14, 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 10, 2020, ...

Excerpt: ...ract based on the C&R and a common count relying on the same allegation, common count #1 [false impersonation under California Penal Code section 529], common count #2 [California Civil Code section 1668 - Title 4 Unlawful Contracts], common count #3 [California Civil Code section 3294(a)], and common count #4 [Violation of Section 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007 (MMSEA)]. Defendants demur to the SAC on grounds that ...

Excerpt: ...dant Amber Olson no longer lived in the Bay Area. (Declaration of James Yuanxin Li at ¶¶ 5, 9-10.) "If there is any situation in which strict compliance can reasonably be required, it is that of service by publication." (County of Riverside v. Sup.Ct. (Hill) (1997) 54 Cal.App.4th 443, 450; see also Katz v. Campbell Union High School Dist. (2006) 144 Cal.App.4th 1024, 1034. The basic test is whether the declaration shows plaintiff took "those st...

Excerpt: ... 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 facts alleged in the pleading are...

Excerpt: ...g rates, so that the Court may perform the required lodestar analysis. Further, Plaintiffs must submit evidence regarding the amount of time they have expended in this matter, so that the Court may determine the reasonableness of the requested class representative service awards. Plaintiffs reserved a hearing date for the Fees Motion. However, as of the date of this Ruling, the Court has no record that any such motion has been filed or served. Th...

Excerpt: ...position and other documents in the Court's file. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Wednesday July 15, 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 10, 2020, contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any reque...

Excerpt: ...18/Clay Liberty against the claims asserted by Plaintiff Golden State Lumber, Inc. ("Golden State") in Case No. RG18921206. The Court further finds that Sandbank does not owe 718 Clay/Liberty a duty to defend against the claims asserted by Plaintiffs West Coast Reinforcing, Inc. ("West Coast") in Case No. RG18930004, Plaintiff Doka USA ("Doka") in Case No. RG18933294. STANDARD OF LAW "A party may move for summary adjudication as to one or more ca...

Excerpt: ...) 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 facts alleged in the pleading are deemed to be true, however improbable they may be," unless the "complaint contains allegations of fact inconsistent with attached documents, or alleg...

Excerpt: ...int." (Redfearn v. Trader 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 pleadi...

Excerpt: ...r filed in conformity with the laws of this state, a court rule, or an order of the court." (CCP § 436.) An "irrelevant matter," or "immaterial allegation," means: (1) an allegation that is not essential to the statement of a claim or defense; (2) an allegation that is neither pertinent to nor supported by an otherwise sufficient claim or defense; or (3) a demand for judgment requesting relief not supported by the allegations of the complaint or...

Excerpt: ...s this initial burden, then the defendant has the burden of demonstrating 'that the exercise of jurisdiction would be unreasonable.'" (Id.) "A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States." (CCP § 410.10.) "California's long-arm statute allows the exercise of personal jurisdiction to the full extent permissible under the U.S. Constitution." (Young v. Daiml...

Excerpt: ...th 83, 91. In her opposition brief, Plaintiff argues that the Agreement is unconscionable. For the Court to refuse to enforce an arbitration agreement on the grounds of unconscionability, the party opposing arbitration must demonstrate that the agreement is both procedurally and substantively unconscionable. (See Armendariz, supra, 24 Cal.4th at 114.) Procedural and substantive unconscionability are determined on a sliding scale; the greater degr...

Excerpt: ...ssors-in-interest Sacomo Manufacturing Co. or Sacomo-Sierra Inc. (collectively "Sacomo") during the period between 1963 and 1967. Defendant admits for purposes of this MSJ/MSA that it is the successor in interest to Sacomo. (Moving MPA at p. 2:19-21. See also Defendant's Undisputed Material Fact ("UMF") No. 19, constituting Plaintiff's admission that Decedent allegedly worked with or around Defendant's asbestos-containing products only between 19...