Excerpt: ...rs its final decision, there is no controlling law on the basic claim of plaintiff Margarita Felix's ("Plaintiff") class action complaint; and a Stay of proceedings until the Supreme Court renders a final decision will not significantly prejudice either party. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, July 9, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tent...

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: ...e transaction to credit agencies. Verizon argues that plaintiff has not alleged standing under either the Credit Reporting Agencies Act, Civil Code 1785.1 et seq. ("CRA") or the Unfair Competition Law, B&P 17200 et seq. ("UCL"). The court examines each separately. "Standing requirements will vary from statute to statute based upon the intent of the Legislature and the purpose for which the particular statute was enacted." (Sisemore v. Master Fina...

Excerpt: ...d demurrers to the petitioner's class allegations. (See Order of Dec. 11, 2019; Order of March 17, 2020.) In sustaining UC's demurrer to the class allegations in the Second Amended Petition, the Court granted leave to file the TAP to address shortcomings with commonality and predominance problems in the prior petition's class allegations. As discussed below, petitioner has not remedied these defects, and the Court infers that further leave to ame...

Excerpt: ...th 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 cross-complaint. (CCP �...

Excerpt: ...th 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 cross-complaint. (CCP �...

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: ...of Records for Big Joe Handling Systems, on February 13, 2020; and (3) Deposition Subpoena for Production of Business Records served on the Custodian of Records for Old Republic Home Protection, on February 13, 2020. (See Decl. of Deborah Gutierrez, Exh. A.) Each of these subpoenas seek documents and records pertaining to Plaintiff's employment at her current employer and two of her former employers, including: job applications, performance evalu...

Excerpt: ...interference with Plaintiff's business interests. Defendants answered the Complaint on February 15, 2019 and thereafter the Parties engaged in discovery. Plaintiff sought a Protective Order, which was granted over Defendants' opposition. This Motion to Compel Arbitration was filed on behalf all Defendants on February 27, 2020. In their moving papers, Defendants varyingly characterize this Motion as one to compel arbitration and one to compel disc...

Excerpt: ...osition to the Motion. After consideration of Plaintiff's opposition papers, and all of the evidence before the Court, IT IS ORDERED: The Motion for Summary Judgment filed by Defendants Metromile Insurance Services, LLC and National General Assurance Company ("Defendants") is GRANTED. LEGAL STANDARD A defendant moving for summary judgment meets its burden of proof of showing that a cause of action has no merit if that party shows that ... there i...

Excerpt: ...ntest the tentative ruling, NO LATER than 4:00 PM on Friday, June 26, 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 advise the parties of the manner in which the hearing will be conducted in advance of...

Excerpt: ...ve ruling, NO LATER than 4:00 PM on Friday, June 26, 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 advise the parties of the manner in which the hearing will be conducted in advance of the hearing. If ...

Excerpt: ...es, or one or more issues of duty, if that party contends that the cause of action has no merit or that there is no affirmative defense thereto, or that there is no merit to an affirmative defense as to any cause of action, or both . . . ." (Code Civ. Proc. § 437c, subd. (f)(1).) A defendant may move for summary adjudication on a claim for punitive damages even if it does not dispose of an entire cause of action. (CCP § 437c(f)(1) ["A party may...

Excerpt: ...se findings "signified a material weakness," and that omitting them would lead to a material misstatement in Defendant's financial statements and thus would violate the law. (See First Amended Complaint, paragraphs 19-20.) Shortly after submitting the audit report, Plaintiff was notified on September 22, 2016 that his position would be eliminated effective December 31, 2016, and he was in fact officially terminated on January 3, 2017. (See First ...

Excerpt: ...to avoid it. In order to prevail on a claim against a public entity for a dangerous condition of property, a plaintiff must establish that the dangerous condition that caused her injury was either created by the public entity, or that the public entity had actual or constructive notice of the dangerous condition a sufficient time prior to the plaintiff's injury to have taken measures to prevent it. (See Government Code § 835 and § 835.2.) Plain...

Excerpt: ...Ms. Artukovich in this action. BACKGROUND FACTS AND PROCEDURAL HISTORY Plaintiffs allege that decedent, Kris Elizarraras ("Decedent"), was exposed to asbestos from her father and brother, Guillermo and Glenn Vega (the "Vegas"), who worked cutting asbestos-cement pipe. More than a year ago, Defendant filed a Motion for Summary Judgment/Motion for Summary Adjudication (MSJ/MSA). Shortly before Plaintiffs' Opposition was due, Defendant produced docu...

Excerpt: ...e[;] [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).) The standard under subdivision (a) includes no requirement of a doctor's declaration. (Fox v. Superior Court (2018) 21 Cal. App. 5th 529, 534.) "To the contrary, a motion under subdivision (a) may be supported by nothing more than an attorney's declaration 'based upon information and belie...

Excerpt: ...nday, October 26, 2020 at 8:30 a.m. in Dept. 18 subject to the additional Orders of Court set forth below. "A party to a civil action who is over 70 years of age may petition the court for a preference, which 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...

Excerpt: ...ny regarding past drug use, both of prescription drugs and of recreational drugs/drugs of abuse. On 2/21/2020, the Court Ordered Plaintiff to serve an amended privilege log regarding redactions made to Plaintiff's medical records, which amended privilege log Plaintiff's counsel served on March 4, 2020. LAW RE: MOTIONS TO COMPEL "[A] civil litigant's right to discovery is broad." (Yelp Inc. v. Superior Court (2017) 17 Cal. App. 5th 1, 15.) "[A]ny ...

Excerpt: ...d that Williams could recover costs of suit. On 2/24/20, Williams filed a memo of costs. LEGAL STANDARD The Court's first determination is that of entitlement - whether to allow the cost. That is a question of law if a cost is expressly allowed or prohibited. (CCP 1033.5(a) and (b).) Awarding a cost is otherwise a matter of discretion. (CCP 1033.5)( c)(4).) "An item not specifically allowable ... nor prohibited ... may nevertheless be recoverable...

Excerpt: ...ud claims against Volkswagen. The demurrer to the Fourth Cause of Action for "Fraudulent Inducement - Concealment" is OVERRULED. A claim for fraudulent concealment requires the plaintiff to plead and prove that the defendant was under a duty to disclose the fact to the plaintiff. (Blickman Turkus, LP v. MF Downtown Sunnyvale, LLC (2008) 162 Cal.App.4th 858, 868-869.) A duty to disclose can arise when the information at issue concerns safety. (Jon...

Excerpt: ...ent tools available to trial courts, including the inherent authority to stay an action when appropriate . . . can overcome problems of simultaneous litigation if they do occur." (Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison (1998) 18 Cal. 4th 739, 758.) Plaintiff Jose Carmelo Castillo ("Plaintiff") filed this action on March 4, 2020, asserting claims of breach of contract, as well as a claim for violation of California Insurance Cod...

Excerpt: ...reby, may apply to the court in which the action is pending 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 ...

Excerpt: ...ivided 50% interest in the property. The parties negotiated a written settlement agreement. All parties and their lawyers signed the written agreement on or about 5/23/19. The court retains jurisdiction to enforce the agreement. (CCP 664.6.) The central part of the settlement is the division of the property. (Agt para 1, Exh A.) The property is 3.4 acres (Agt, para 8(a).) In June 2019 Civic Justice prepared to divide the property with a lot line ...

Excerpt: ...00(a) Motion to Withdraw or Amend their deemed admissions to Plaintiff's First Sets of Requests for Admissions (the "RFAs') pursuant to the Court's 4/30/2019 Order in this action under the following conditions. Defendants may serve and file their Motion to Withdraw or Amend their deemed RFA admissions no later than Thursday, July 2, 2020, with a hearing on the Motion to Withdraw or Amend to be heard on Tuesday, August 4, 2020 at 9:00 a.m. Defenda...