Excerpt: ... works in San Diego County, she decided to file her PAGA action in Alameda County. Plaintiff alleges in her Complaint that Defendants have violated various Labor Code provisions because they have erroneously designated Plaintiff and other underwriters in California as exempt and not hourly employees. Defendants' motion to stay was originally noticed for hearing in Department 21, but it was reset in Department 517 when Judge Winifred Y. Smith deni...

Excerpt: ...vice address listed on Plaintiff's proof of service is her old address as she moved in September 2019. However, while Defendant stated she provided a forwarding address to the US Postal Service, she did not provide an updated address to Plaintiff or to the Court. The service address used by Plaintiff was the same address provided by Defendant in her Answer filed on September 12, 2018. Pursuant to California Rule of Court 8.32 subsections (a) and ...

Excerpt: ...eaches of the construction agreement, and those matters are set for trial on August 3, 2020. Cook's asserts the construction agreement contains several provisions exculpating Gotham from liability. Cook's contends the agreement is a contract of adhesion, unfairly one-sided and unenforceable (in whole or in part) as against public policy. (See Civil Code section 1668.) Cook's further asserts the issue of enforceability is one for determination by ...

Excerpt: ...quest a partition of the property and also referencing a mortgage. (See, e.g., FAC, ¶ 12; Prayer for Relief at p. 4, item no. 1.) Deutsche Bank now demurs to the causes of action brought against it. "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 ...

Excerpt: ...f this Order, as modified for method of service under Code of Civil Procedure section 1013. (See Cal. R. Ct., Rule 3.1320(g).) As discussed at length in the Court's order on Defendants' prior demurrer, this action involves Plaintiff's allegations of various violations of the Fair Employment and Housing Act ("FEHA") by her employer, OPD. Defendant previously demurred to the Complaint's Third Cause of Action for retaliation. On November 21, 2019, t...

Excerpt: ...1 seeks documents related to Wings of Eagle Fund I, LLC. Defendant's unverified supplemental response does not comply with the clear requirements set forth in CCP § 2031.210 et seq. Defendant must serve a further supplemental response no later than June 19, 2020. Plaintiff's contention that Defendant waived his right to assert all objections to this request is not accepted. Defendant timely asserted an objection in his original response served i...

Excerpt: ...provides purports to convey the content of the special interrogatories and Defendant's responses thereto, no actual documentary evidence of the special interrogatories or Defendant's responses thereto was provided. Plaintiff does attach what purports to be a meet and confer letter to Defendant Wurts, but the letter is unsigned, provides no information regarding service of the interrogatories, does not include Defendant's responses to the interrog...

Excerpt: ...lied. Defendants' motion is denied because it is moot. The Court has determined that Plaintiffs' second Motion for Summary Adjudication was improperly filed without prior court approval. See CCP § 437c(f)(2) (party may not file a second motion for summary adjudication based on the same issues presented in a prior motion without court approval); and Le Francois v. Goel (2005) 35 Cal.4th 1094, 1108. Plaintiffs did not attempt to make a showing tha...

Excerpt: ...ty may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, 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 . . . . A motion for summary adjudication shall be granted only if...

Excerpt: ...of transfer was April 12, 2019. The Court has not yet set a trial date. The next Case Management Conference is on July 20, 2020. Cross-Defendant asserts in the Demurrer that the First Amended Cross-Complaint is barred as to him by the statute of limitations. Cross-Defendant contends that the First Cause of Action for Defamation is subject to a one-year statute of limitations pursuant to CCP § 340(c). Cross-Defendant contends that the Second Caus...

Excerpt: ...ution of the prior actions. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 349 [no abuse of discretion to deny leave to amend where party fails to show how amendment is possible].) Plaintiff has not opposed the demurrer. Defendant argues that Plaintiff's causes of action are barred under res judicata based on Plaintiff's prior unsuccessful lawsuit related to the foreclosure proceedings, which was dismissed by the court at the demurrer stage, and Defen...

Excerpt: ...an Chase Bank, N.A. ("Defendant") to the First Amended Complaint filed on February 18, 2020, by Plaintiff Alma Valdez ("Plaintiff"), the court orders as follows: The demurrer is SUSTAINED WITH LEAVE TO AMEND. Legal Standard for Demurrer A general demurrer tests the sufficiency of the complaint, i.e., whether it states facts sufficient to constitute a cause of action upon which relief may be based. (Code Civ. Proc., § 430.10, subd. (e); Aragon-Ha...

Excerpt: ... matter of law. (Code Civ. Proc. § 437c, subd. (c).) "A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, 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 . . . ...

Excerpt: ...ligent hiring, training, supervision, or retention of its employees, resulting in the deadly electrical fire and thereby the Plaintiffs' injuries. PG&E argues that the facts alleged in the 4AMC are insufficient to state a cause of action. (Code of Civ. Proc. ["CCP"] § 430.10(e).) Plaintiffs oppose. For the reasons discussed below, the motion is GRANTED WITH LEAVE TO AMEND. LEGAL STANDARD A motion for judgment "performs the same function as a gen...

Excerpt: ...parties suffers from an illness or condition raising 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).) PLAINTIFF'S EVIDENCE Plaintiffs provide deposition testimony by Mr. Watts stating that he is 60 years old. (Plfs.' Ex. A at 16:12-15.) Plaintiffs also provide the declaration of Robert J. Fallat, M.D. ("Dr. ...

Excerpt: ...operty placed, the court finds that Plaintiff should be obligated to pay the amount equal to six months' worth of payments on the loan based on the total amount Plaintiff would be obligated to pay if she were granted a HAMP modification at a fixed 2% interest rate for a 20 year term at $4,230.00 per month, for a total of $25,380. (See Declaration of Brook Anne Boiser at ¶ 16(d) in support of Wells Fargo's Evidence Re: Bond Amount.) If after six ...

Excerpt: ...ode 2689 et seq; (3) the 3rd cause of action under Labor Code 98.6 and 1102.5 on behalf of herself individually; and (4) the 4th and 5th causes of action under common law theories on behalf of herself individually. Defendant RMA presents undisputed evidence that Plaintiff was a member of Operating Engineers Local 3 of AFL-CIO ("Union"), that the Union CBA had a mandatory grievance procedure, and that plaintiff failed to exhaust the procedure. PRO...

Excerpt: ...basis not inconsistent with the Constitution of this state or of the United States." (CCP § 410.10.) "[W]hen a defendant moves the trial court to quash service of summons for lack of personal jurisdiction, the plaintiff has the initial burden of proving that sufficient contacts exist between the defendant and California to justify the exercise of personal jurisdiction." (Pedus Bldg. Servs., Inc. v. Allen (2002) 96 Cal. App. 4th 152, 161 [interna...

Excerpt: ...ie claim for punitive damages, a complaint must set forth the elements as stated in the general punitive damages statute, Civil Code section 3294. (College Hospital, Inc. v. Superior Court (1994) 8 Cal.4th 704, 721.) These statutory elements include allegations that the defendant has been guilty of oppression, fraud or malice. (Civ.Code, § 3294, subd. (a).) "Malice" is defined as conduct "intended by the defendant to cause injury to plaintiff, o...

Excerpt: ...ntiffs' causes of action, i.e., decedent's death and the resulting financial and emotional harm to Plaintiffs, "was [allegedly] caused by conduct that was directly related to the rendition of professional services" by Defendant to decedent. (See, e.g., Central Pathology Service Medical Clinic Inc. v. Superior Court (1992) 3 Cal.4th 181, 192.) Plaintiffs' claims, therefore, all arise out of the professional negligence of Defendants in their role a...

Excerpt: ...ssell and any and all bank account records of T. Russel from September 28, 2014 to the present. Plaintiff State Compensation Insurance Fund filed a notice of non-opposition to the Motions. LEGAL STANDARD Personal financial records implicate privacy interests recognized in the California constitution. (See, e.g., Cobb v. Superior Court (1979) 99 Cal.App.3d 543, 550; Allen v. Superior Court (1984) 151 Cal. App. 3d 447, 453.) Where such privacy righ...

Excerpt: ...Secretary of BCOA, a Request for Production of Documents seeking production of invoices referenced in a series of checks issued by Jennings to himself and his immediate family members in 2019 amounting to over $175,000, as well as documents supporting authorization to issue those checks. Jennings did not produce any responsive documents, and instead asserted objections of overbreadth, vagueness, privacy, attorney-client privilege and work product...

Excerpt: ...vice address listed on Plaintiff's proof of service is her old address as she moved in September 2019. However, while Defendant stated she provided a forwarding address to the US Postal Service, she did not provide an updated address to Plaintiff or to the Court. The service address used by Plaintiff was the same address provided by Defendant in her Answer filed on September 12, 2018. Pursuant to California Rule of Court 8.32 subsections (a) and ...

Excerpt: ... controlled the manner and means of his work such that Defendants can be liable as his employer or joint employer. Third Amended Complaint paragraphs 14 and 52 are overly conclusory and insufficient. The Demurrer to the Sixth Cause of Action for Intentional Infliction of Emotional Distress is OVERRULED. Plaintiff alleges that Defendants arranged for his termination under false pretenses in retaliation for his complaints about their fraudulent Med...

Excerpt: ...e Second Amended Complaint appears to be inconsistent; compare paragraphs 10 and 21.) Plaintiffs allege that they vacated their apartment either because of damage from the fire or because they were told to do so by Defendant Tony Rishell. (Again, the Second Amended Complaint is inconsistent; compare paragraphs 10, 21, and 54, which alleges that the fire rendered Plaintiffs' apartment uninhabitable.) Plaintiffs' Third Cause of Action attempts to a...