Excerpt: ...oviding the written notices and documents required by the Ordinance and by failing to pay required annual interest on security deposits. In addition, they allege defendants breached the tenants' rental contracts by unlawfully raising rents in violation of a HUD Use Agreement, collected unlawful liquidated damages from excessive late fees, acted negligently, committed conversion of the tenants' personal property and engaged in unlawful business pr...

Excerpt: ...cond Cause of Action for Accounting, the Fourth Cause of Action for Conversion and the Sixth Cause of Action for Tortious Interference with Contractual Relations. The Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the Third Cause of Action for Fraud and the Fifth Cause of Action for Declaratory Relief. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, June 30, 2020 at 9:00 a.m. in D...

Excerpt: ...l papers five court days before the continued hearing date. The court's TENTATIVE order is as follows: The Motion of Plaintiff for approval of PAGA settlement under Labor Code 2699(l)(2) is UNDECIDED. The First Amended Complaint filed 8/17/18 alleges that Ross Stores precludes keyholders (managers, assistant mangers, etc.) from taking meal and rest breaks in violation of the Labor Code and also has an unlawful term in its standard arbitration agr...

Excerpt: ...g discovery to be stayed. (Declaration of Andrew Collier at ¶8.) While the discovery stay was in effect, Plaintiff first served one general objection to eight separate discovery requests served by four separate defendants. (Declaration of Andrew Collier at ¶ 12, Exhibit 4.) Plaintiff's single objection did not identify the discovery requests by name or the defendants who served the requests, but rather referred to the discovery generally as "De...

Excerpt: ...ement" (the third page of Greenspan Dec. Exh. A). The two-paragraph document is not a binding arbitration agreement because it nowhere states what "covered claims" the parties are agreeing to arbitrate. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, June 23, 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 pr...

Excerpt: ...the action is filed shall file certificates of merit[.]" (CCP §§ 340.1(a), (f).) "In any action subject to subdivision (f), a defendant shall not be served, and the duty to serve a defendant with process does not attach, until the court has reviewed the certificates of merit filed pursuant to subdivision (g) with respect to that defendant, and has found, in camera, based solely on those certificates of merit, that there is reasonable and merito...

Excerpt: ...T THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, June 23, 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 5/27/2020 hearing date (exclude Saturday, Sunday and national holidays) contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any...

Excerpt: ...hat he, as an assignee of Romero and Sons Construction, Inc. ("Romero") is entitled to $120,000 for unpaid services that Romero performed on the construction project under a subcontract Romero had with Vila. Because the County has no interest in the funds in dispute, the County filed a Cross-Complaint in Interpleader seeking to resolve the conflicting demands of Vila and Schmidt. The County also deposited $150,000 with the Court, which amount rep...

Excerpt: ...ttlement fund or approx. $29,375. Employees 25% of net settlement fund or approx. $9792. LAW ON PAGA SETTLEMENTS Plaintiff asserts the PAGA claim on behalf of the State of California's Labor Workforce Development Agency. "An employee plaintiff suing ... under the [PAGA] does so as the proxy or agent of the state's labor law enforcement agencies." (Iskanian v. CLS Transp. Los Angeles, LLC (2014) 59 Cal.4th 348, 381.) (See also ZB, N.A. v. Superior...

Excerpt: ...e 19, 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 not timely contested, and the tentative ruling ...

Excerpt: ...as v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The court...

Excerpt: ...ourt would like the parties to be prepared to argue the applicability of Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 455 in light of controlling authority from the Court of Appeal. Defendant, who is moving for reconsideration of its Motion for Summary Judgment, is required to present evidence that reconsideration should be granted due to the existence of new or different facts, circumstances or law. See CCP § 1008(a). A motio...

Excerpt: ...lding") that is entirely on the PG&E Property. (UMF 3.) PG&E purchased the PG&E Property for the purpose of developing the site for use as a natural gas regulation station. (UMF 1, 4.) PG&E's project requires the demolition of all existing improvements on PG&E's property. Defendants Vlazakis own 229 Brush St. (the Vlazakis Property), which shares a property line with the PG&E Property along the easterly border of the PG&E property. (UMF 6.) There...

Excerpt: ...esting 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 not timely contested, and the tentative ruling will become the fina...

Excerpt: ... Court decides whether the moving party has made a threshold showing that the challenged cause of action is one arising from a protected activity, i.e., an act in furtherance of a person's right of free speech in connection with a public issue. (See Code of Civil Procedure § 425.16(b)(1).) Second, if such a showing is made, the Court determines whether the opposing party has demonstrated a probability of prevailing on the claim. The opposing par...

Excerpt: ...one Memorial Hosp. v. Mercury Constr. Corp. (1983) 460 U.S. 1, 24.) "California law, like federal law, favors enforcement of valid arbitration agreements." (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97.) The California Arbitration Act requires courts to enforce arbitration clauses. (CCP §§ 1280 et seq.) California does not have a "policy compelling persons to accept arbitration of controversies which they ha...

Excerpt: ...ther 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 if, the evidence would allow a reasonable tri...

Excerpt: ... moving party is entitled to a judgment as a matter of law. (Code Civ. 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...

Excerpt: ...F") Nos. 1-7 and the evidence cited in support.) Defendant disputes SSF Nos. 3-5 and 7 because it contends its purchases were governed solely by the terms of its own purchase order, rather than by the terms of FPC's sales order. The terms and conditions of FPC's sales order provides, at paragraph 1, that in the event of any conflict or discrepancy or inconsistency between the terms and conditions of the sales order terms and conditions and the te...

Excerpt: ...the Commercial Property Purchase Agreement ("the Agreement") that is the subject of this action. However, there is a triable issue of material fact as to whether, prior to July 30, 2017, John Toki notified Plaintiff of his intent to rescind the Agreement, thereby preventing and excusing Plaintiff from performing his obligations under the Agreement. (See Plaintiff's declaration at paragraphs 3-5.) Second, John Toki argues that Plaintiff's claims a...

Excerpt: ...ion, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . , or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs....

Excerpt: ...mishandling" certain incidents, which Plaintiff characterizes as "false statements of fact". (See Complaint, paragraph 43.) As currently pled, the Complaint fails to adequately allege a claim for defamation. First, whether Plaintiff "mishandled" certain incidents is not a statement of fact that gives rise to a claim for defamation, but rather is a nonactionable opinion. (See, e.g., Campanelli v. Regents of the University of California (1996) 44 C...

Excerpt: ...ions, 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 complaint a reasonable interpretation, reading it as a whole and its p...

Excerpt: ...termination ... is whether the statute expressly allows the particular item, and whether it appears proper on its face. If so, the burden is on the objecting party to show them to be unnecessary or unreasonable." (Benach v. County of Los Angeles (2007) 149 Cal.App.4th 836, 855 [citations omitted].) To be awarded, such costs must be "reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparatio...

Excerpt: ... a Second Amended Complaint to address the deficiencies. The Second Amended Complaint was filed on September 23, 2019. The Second Amended Complaint includes a single cause of action for general negligence. Plaintiff alleges that he is quadriplegic. On March 10, 2018, while receiving treatment at Olive View - UCLA Medical Center, Registered Nurse Aneesh and Nursing Assistant Rennadele alleged caused Plaintiff injury and pain when they were reposit...