Excerpt: ...erefore, Defendant has breached the Settlement Agreement by failure to timely pay the negotiated settlement amount. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, July 7, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM ONE (1) COURT DAYS prior to the current 7/1/2020 hearing date (exclude Saturday, Sunday and national holidays...

Excerpt: ... Proc. § 437c, subd. (c).) A defendant 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 i...

Excerpt: ... contains the following causes of action against the Owner Defendants: 1) retaliation in violation of Hayward Rent Ordinance (the "Ordinance" or "HRO") section 12 and Civil Code section 1942.5; 2) disability discrimination in violation of Government Code sections 12900-12996 (California Fair Employment and Housing Act ("FEHA"); 3) violation of Civil Code section 1940.2; 4) violation of Civil Code section 1941.1; 5) breach of contract; 6) breach o...

Excerpt: ...n for fees. (Ketchum v. Moses (2001) 24 Cal. 4th 1122, 1140-1141 [trial court "was not required to issue a statement of decision with regard to the fee award"]; Maria P. v. Riles (1987) 43 Cal.3d 1281, 1294 ["we have discovered no case requiring a statement of decision on a motion for attorney fees"].) However, the court sets forth its reasoning for its ruling as follows. FACTS Petitioner and Gloria A filed the underlying petition for a writ of m...

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: ... # 5102576935. The parties have already requested a hearing. The Court will advise the parties of the manner in which the hearing will be conducted in advance of the 7/7/2020 hearing. In order to facility the discussions at the hearing, the Court issues the following Tentative Ruling: Defendant's Motion is GRANTED IN PART and DENIED IN PART. Defendant's Motion to Dismiss is DENIED. Defendant's Motion to Stay Action on forum non conveniens grounds...

Excerpt: ...his motion, the court shall take into consideration any matter relevant to the leave requested, including, but not limited to, the following: (1) The necessity and the reasons for the discovery; (2) The diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier; (3) Any likelihood that permitting the...

Excerpt: ...nued to May 7, 2018 with the discovery cutoff and other pretrial deadlines governed by the new trial date. Trial was continued again to May 14, 2018. After the parties stipulated to abate the case pending the Public Employment Relations Board decision on April 26, 2018, the trial date was vacated. MOTION FOR LEAVE TO FILE SIXTH AMENDED COMPLAINT Plaintiff's Fifth Amended Complaint asserts causes of action for wrongful termination in violation of ...

Excerpt: ...alifornia Fair Employment and Housing Act ("FEHA") are OVERRULED. ¶ 9 of the FAC is an adequate allegation of Plaintiff's compliance with statutory FEHA exhaustion of administrative remedies requirements. (Parthemore v. Col (2013) 221 Cal.App.4th 1372, 1379.) The Demurrer to the FAC's Third Cause of Action for Negligent Infliction of Emotional Distress is SUSTAINED WITHOUT LEAVE TO AMEND. Plaintiff's claim for emotional distress damages in conne...

Excerpt: ...S provided medical care to Patient, that AHS billed BCBS for the medical services, and that BCBS has failed to pay for the services. (Cpt para 7-12.) The Complaint alleges that the reasonable value of the medically necessary services, including emergency services, totaled at least $75,312.74, which reflects the usual and customary full bill charges. (Cpt 13.) The Complaint alleges that BCBS paid a portion of the bill but refused to pay $69,425.53...

Excerpt: ...urt 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 deemed to be true...

Excerpt: ...g 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).) "An affidavit submitted in support of a motion for preference under subdivision (a) of Section 36 may be signed by the attorney for the party seeking preference based upon information and belief as to the medical ...

Excerpt: ...Upon Sale ("TDUS"), attached to the Complaint as Exhibit 5 and incorporated by reference. Accepting the allegations in the Complaint as true, Plaintiff became the legal owner of the Property on 8/9/19. Defendant Russell Robinson demurrers to each cause of action in the Complaint on the grounds that Plaintiff is not the "real party in interest in this matter" by virtue of a Corporate Assignment Deed of Trust ("CADOT") recorded on August 21, 2019 g...

Excerpt: ...ship of the Property for Client. At the time Plaintiff and his Client signed the fee agreement, Client also executed a grant deed to Plaintiff for the one-sixth interest in the Property, which Plaintiff was to hold until such time as his Client received title to the Property. Plaintiff, on behalf of Client and himself, recorded a lis pendens against the Property. Client ultimately obtained an ownership interest in the Property by means of a settl...

Excerpt: ...hip of the Property. At the time Plaintiff and his Client signed the fee agreement, Client also executed a grant deed to Plaintiff for the one-sixth interest in the Property, which Plaintiff was to hold until such time as his Client received title to the Property. Plaintiff, on behalf of Client and himself, recorded a lis pendens against the Property. Client ultimately obtained an ownership interest in the Property by means of a settlement agreem...

Excerpt: ...ype of metal worker, between approximately the late 1950's and the late 1970's. Defendant targets the threshold exposure sub-element of the essential element of causation by attempting to show that "the plaintiff does not possess, and cannot reasonably obtain, needed evidence-as through admissions by the plaintiff following extensive discovery to the effect that he has discovered nothing." (See Rutherford v. Owens-Illinois, Inc. (1997) 16 Cal.4th...

Excerpt: .... Kramer is a general partner with access to the partnership accounts, but the partnership agreement requires a majority vote before a disbursement of over $1,000. (Kramer Dec., Exh A, Partnership Agt section 4.5(e)(ii) Three of the four partners returned the $47,500 distributions. Spanier seeks an injunction (1) requiring Kramer to return his $47,500 distribution and (2) enjoining Kramer from making any further withdrawals of funds. STANDARD "[T...

Excerpt: ...of this Order, Omni shall file and serve a declaration setting forth the reasonable attorney's fees and costs it incurred to attend the mandatory settlement conference and prepare this Motion as well as a proposed order awarding sanctions. The amount of the sanctions to be awarded remains within the Court's discretion. As a threshold issue, while Plaintiffs' opposition and Omni's reply brief were both untimely filed, the Court shall consider all ...

Excerpt: ...n that Plaintiff had filed on July 21, 2016. The statute of limitations on a plaintiff's claims begins to run when the plaintiff learns, or should have learned, facts essential to her claim. (See Fox v. Ethicon Endo-Surgery Inc. (2005) 35 Cal.4th 797, 807.) Whether the plaintiff has exercised reasonable diligence in discovering her claims against the defendant is a question for the trier of fact. (See Leaf v. City of San Mateo (1980) 104 Cal.App....

Excerpt: ...rrently occupy the premises. (See, generally, Defendants' Separate Statement Facts Nos. 1-8 and the evidence cited in support. Although Plaintiff purports to dispute some of those facts, she cites no evidence supporting any actual dispute.) Plaintiff contends that she wants to move her father into one of the two units in the duplex, and continue renting the other unit. Her Complaint alleges a single cause of action, for declaratory relief. In her...

Excerpt: ...ding asbestos-containing products, whether there were any asbestos-related OSHA violations, or whether any tests were conducted on its products to determine the asbestos content of those products. In this regard, General Cable cannot rely on its claim that it did not make or distribute asbestos-containing telephone wire during the relevant time period to refuse to respond to these special interrogatories. The questions relate to General Cable's k...

Excerpt: ...unts. BANK RECORDS OMC served subpoenas on Wells Fargo seeking bank records of Albietz and Managed Cloud Technologies, a company that he appears to own testified at deposition that he Company seeks bank records. The bank records are relevant to the $27,000 withdrawal. Albietz has a right of privacy in his financial information. The court balances direct relevance with the privacy interests. (Valley Bank of Nevada v. Superior Court (1975) 15 Cal.3...

Excerpt: ...erefore, Defendant has breached the Settlement Agreement by failure to timely pay the negotiated settlement amount. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, July 7, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM ONE (1) COURT DAYS prior to the current 7/1/2020 hearing date (exclude Saturday, Sunday and national holidays...

Excerpt: ...tlement of $$4,273,845.63. The settlement agreement states there will be attorneys' fees and cost of up to $27,424,615 (33%), costs of up to $850,000, service awards total of $100,000 for the class representatives, a net PAGA payment of $1,000,000, and settlement administration costs of $0. After these expenses, the class would get $48,615,384.79. The average payout per class members would be approximately $100,000. In addition, the settlement ha...

Excerpt: ...elief. On 5/10/19, plaintiffs filed a petition with the Labor Commissioner under the TAA. On 7/26/19, the court stayed this case due to the Labor Commissioner administrative procedure. When a plaintiff files a complaint in superior court without first exhausting the Labor Code 1700.44 administrative remedy, "the appropriate course is simply to stay the superior court proceedings and file a petition to determine controversy before the Commissioner...