Excerpt: ...ding within ten (10) days from the date of entry of the Court's final Order on this Motion. The Court ORDERS notice of entry of the final Order on the Motion to Set Aside Default waived, which final Order may be accessed on the Court's Domain website. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, June 9, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative rul...

Excerpt: ...ions), to Defendant's Special Interrogatories. The date for Plaintiff's compliance with this Order in regards to discovery responses is 30 days from the date of service of notice of entry of this order, as modified for method of service under Code of Civil Procedure section 1013. When a motion to compel discovery is granted, a court shall order the party to whom discovery was directed to pay the reasonable expenses, including attorney's fees, of ...

Excerpt: ...reason for the termination is a pretext. Plaintiff filed his action against Tesla on January 7, 2020. Plaintiff has also named Tesla employee Caleb Moore in the Seventh Cause of Action for Defamation. The Court reviews the parties' evidence to determine whether a valid agreement to arbitrate exists and whether there are reasons why the agreement is unenforceable. See Ramos v. Westlake Services LLC (2015) 242 Cal.App.4th 674, 685 (court must begin...

Excerpt: ...H&S") § 25249.7(b)(2). Plaintiffs' Complaint alleges that defendant Plano Synergy Holding, Inc. ("Defendant") sold and/or distributed fishing nets and fishing tackle "blade bags" containing unsafe levels of di(2-ethylhexyl) phthalate (DEHP), a regulated chemical known by the State of California to cause cancer and reproductive harm, without providing the warnings required by Proposition 65, as codified at H&S §§ 25249.5 et seq. The proposed se...

Excerpt: ...d at Bus. & Prof. Code § 7000 et seq.. Both parties have submitted additional briefing and evidence with respect to this specific issue. Having considered the parties' additional argument and evidence, the Court GRANTS Defendant's Motion for Summary Judgment. The evidence is undisputed that Plaintiff, an individual, did not possess a valid contractor's license at all times that he worked on the relevant construction project through May 24, 2018,...

Excerpt: ...fter 4:00 p.m., less than one hour under Court rules for the papers to be considered filed on 1/27/2020, the last permissible day for file the Challenge under § 170.6(a)(2). In light of all the circumstances and the Supreme Court's recent re-admonition that 170.6 challenges should be "liberally construed in favor of allowing a peremptory challenge, and a challenge should be denied only if the statute absolutely forbids it," the Court finds it ap...

Excerpt: ...ce to the LWDA of the Tuesday, 6/16/2020 hearing at 9:00 a.m. in Dept. 19 and to fax file an appropriate proof of service prior to the hearing showing notice of the hearing date to the LWDA. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, June 16, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM TWO (2) COURT DAYS prior to the c...

Excerpt: ...See Davenport v. Litton Loan Servicing LP (ND Cal. 2010) 725 F.Supp.2d 862, 879; Paslay v. State Farm (2016) 248 Cal.App.4th 639, 657; and Teselle v. McLoughlin (2009) 173 Cal.App.4th 156, 174.) Further, Plaintiff's Fourth Cause of Action must expressly allege that Plaintiff is an "elder" within the meaning of Welfare & Institutions Code ("W&I") § 15610.27, i.e., that Plaintiff is at least 65 years old. The Court ORDERS Plaintiff to file and ser...

Excerpt: ...use he has not identified any contractual benefit that was denied him due to Defendant's conduct. See 1231 Euclid Homeowners Ass'n v. State Farm Fire & Cas. Co. (2006) 135 Cal.App.4th 1008, 1021. Indeed, Plaintiff does not even allege the existence of a valid contract between him and Defendant or explain what Defendant was obligated to do for him. 2. Defendant's demurrer to Plaintiff's Second Cause of Action for Violation of Civil Code § 2937 is...

Excerpt: ...er first may need to seek to add Rebecca Boyles to the action, before judgment against her can be appropriately entered, as is inferred by Petitioner's petition. (See Attach. 3a to Petition ["[T]he Arbitration Award also binds a Respondent who has not yet been joined to the present Action: Rebecca Boyles, the owner and (as determined by the Arbitrator) alter ego of Old Depot."].) In the case of a binding contractual arbitration, such as this one,...

Excerpt: ... 9, 2020 at 9:00 a.m. in Dept. 19. The continued 6/9/2020 hearing will most likely be conducted using the Blue Jeans Network, password # 5102676935. However, the Court will advise the parties prior to the hearing of the manner in which the hearing will be conducted. Plaintiff, the owner of a home in Oakland, alleges causes of action against defendant mortgage servicers under the California Homeowners' Bill of Rights, breach of contract, negligenc...

Excerpt: .... 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM TWO (2) COURT DAYS prior to the current 5/18/2020 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 requested hearing will most likely be conducted using the Blue Jeans Network, password # 5102676935. If a hearing i...

Excerpt: .... Ct., Rule 3.350.) "When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay." (CCP § 1048(a).) Here, there are several factors that make consolidation appropriate. Initially, the t...

Excerpt: ...Motion will be conducted on Tuesday, June 16, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM TWO (2) COURT DAYS prior to the original 5/18/2020 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. The 6/16 hearing will most likely be conducted ...

Excerpt: ...U.S. Perma is CONTINUED to 10:00 AM on 07/17/2020 in Department 21, Civil Law and Motion, Administration Building, 1221 Oak Street, Oakland. On 3/25/19, plaintiffs filed this putative class action asserting Labor Code violations. On 9/13/19, the parties filed a joint CMC statement in which the set out an agreed pre-mediation discovery plan. The discovery plan concluded, "The Parties have agreed that all other discovery except as agreed upon herei...

Excerpt: ... telephonic hearing please call 888- 214-9934. The password is Alameda2020. If not timely contested, and the tentative ruling will become the final order of the Court. Defendant Calaveras Natural Resources, Inc.'s ("Defendant") Motion for Summary Judgment is GRANTED. Defendant's Motion for Summary Adjudication is DENIED AS MOOT. TIMELINESS OF MOTION PAPERS Defendant objects to Plaintiffs Ricardo Ocampo ("Mr. Ocampo") and Elvia Ocampo's ("Mrs. Oca...

Excerpt: ...n interest to Square D Company ("Square D"), an electronics manufacturer, whom Plaintiffs allege is responsible for some asbestos- containing circuit breaker boxes around which plaintiff Ronald Wilgenbusch ("Mr. Wilgenbusch") worked during his 20+ year U.S. naval career. LEGAL STANDARDS FOR MOTIONS FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION "A party may move for summary judgment in an action or proceeding if it is contended that the action has...

Excerpt: ... the court finds that the party does not have a substantial interest in the case as a whole." (CCP § 36(b).) "A civil action subject to subdivision (a) shall be given preference over a case subject to this subdivision." (Id.) On September 19, 2019, Plaintiffs brought this case against Defendants arising from the death of Decedent Daniel S. Dena as a result of mesothelioma. Decedent's daughter, Ariana Dena ("Ariana") is eleven years old. (Index o...

Excerpt: ...laintiffs in this action on January 10, 2020. The TAMAC was filed after the Court sustained the defendants' prior demurrer with leave to amend on November 14, 2019. Defendants jointly demur to the entire TAMAC and each of its causes of action. Defendants also jointly move to strike the TAMAC's allegations regarding exemplary damages. Plaintiffs oppose both the demurrer and motion to strike. For the reasons discussed below, the demurrer is SUSTAIN...

Excerpt: ...tion is denied because it is essentially a deficient Motion for Reconsideration of the February 20th order. To file a Motion for Reconsideration, Defendants are required to identify some new facts or circumstances that they previously failed to present despite the exercise of reasonable diligence. See CCP § 1008(a); and Baldwin v. Home Sav. of America (1997) 59 Cal.App.4th 1192, 1198; and Gilberd v. AC Transit (1995) 32 Cal.App.4th 1494, 1500. D...

Excerpt: ...rs who have a dispute relating to the resolution of sunlight or views lost due to tree growth must follow certain mandatory procedures to resolve the dispute. (BMC §12.45.030.) The resolution procedures begin with an initial, informal reconciliation process, requiring the party who believes a tree on the property of another diminishes the beneficial use of their property (the "complaining party") to notify the other party in writing of the compl...

Excerpt: ...iate under CCP § 437c(f)(1) ("A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty."). See Regan Roofing Co. v. Superior Court (1994) 24 Cal.App.4th 425, 436 ("The ruling on summary adjudication is thus essentially an interpretation of contract provisions and has certain advisory qualities, as it does not dispose of an entire cause...

Excerpt: ...nts' request for a judgment notwithstanding the verdict, such a request does not appear separately on the Court's law and motion calendar and Defendants' do not appear to have paid a filing fee related to such a motion. Thus, even though the parties have separately briefed a motion for judgment notwithstanding the verdict, the Court does not consider such a motion to be properly before the Court. To the extent the Court is required to rule on the...

Excerpt: ...he amended pleading by a method permitted by the Code of Civil Procedure. Defendants' time to respond shall be modified pursuant to Code of Civil Procedure section 1013, based on the method of service of the further amended complaint. As written, the FAC fails to state a cause of action upon which relief can be granted against Defendant Landau. (See CCP § 430.10(e); but see Angie M. v. Sup. Ct. (1995) 37 Cal.App.4th 1217, 1227 ["Liberality in pe...

Excerpt: ...§ 428.50(b).) After a trial date has been set, "[a] party shall obtain leave of court to file any cross-complaint . . . . Leave may be granted in the interest of justice at any time during the course of the action." (CCP § 428.50(c); see also CCP §§ 426.50, 428.10.) Here, as demonstrated by the moving papers, the interests of justice support allowing Defendants to file a cross-complaint at this time. The proposed Cross- Complaint seeks to bri...