Excerpt: ...ode, §§ 2698 et seq.) Lainez opposes both the demurrer and the motion to strike. DEMURRER - LEGAL STANDARDS The standard for construing a complaint on demurrer is long-settled: "We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed. [Citation.] Further, we give the complaint a reasonable interpret...

Excerpt: ...Aragon-Haas 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.) ...

Excerpt: ...n." (Redfearn v. Trader Joe's Co. (2018) 20 Cal.App.5th 989, 996.) Defendant is a public entity and "A public entity is not liable for an injury arising out of the alleged act or omission of the entity except as provided by statute." (Govt Code 815.) Claims against public entities be specifically pleaded regarding the relevant statute or regulation. (Lehto v. City of Oxnard (1985) 171 Cal.App.3d 285, 292-293.) Claims against public entities must ...

Excerpt: ...zed facts stating viable negligence theories against Defendant pursuant to, at a minimum, Government Code §§ 815.2 and 820, Civil Code § 2100 and Vehicle Code § 17001. (See e.g., Acosta v. Southern Calif. Rapid Transit Dist. (1970) 2 Cal.3d 19, 27.) If Defendant is truly in doubt regarding the statutory basis for Plaintiff's claims herein, Defendant may serve written discovery requests regarding this question. Defendant may file and serve an ...

Excerpt: ...st of up to $566,666 (33%), costs of up to $30,000, a service award of $10.000 for the class representative, a PAGA payment of $150,000 (net of $112,500), and settlement administration costs of up to $21,000. After these expenses, the class would get approximately $960,000. The average payout per class member would be approximately $365.00. The proposed class notice form and procedure are adequate. The proposed class is appropriate for class cert...

Excerpt: ...pra, 39 Cal.3d at p. 318, Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) The trial court may consider matters of which it may take judicial notice. (Code Civ. Proc., § 430.30, subd. (a); City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) When ruling on a demurrer, it is improper for the court to consider extrinsic evidence. (See, e.g., Ion Equip. Corp. v. Nelson (1980) 110 Cal.App...

Excerpt: ...d support a claim for vicarious liability under the remaining negligence cause of action. (C.A. v. William S. Hart Union High School District (2012) 53 Cal.4th 861, 879.) Finally, the Court sua sponte ORDERS STRICKEN the words "section 835 encompassing" at pp. 18:14-16 in ¶ 84 of the TAC, as filed on 7/29/2021. Gov't Code 835 creates public entity liability for injury caused by dangerous conditions of public property, a cause of action which the...

Excerpt: ...at consultation, Defendant prepared three documents that Nellie executed. First, Nellie resigned as Trustee of The Nellie Wong Bertucci 2013 Revocable Trust ("the Trust") and had Plaintiff appointed as Successor Trustee; in addition, the Trust was changed from a revocable trust to an irrevocable trust. Second, Nellie transferred the Trust's interest in real property located at 315 Montcalm Street, San Francisco to Plaintiff. Third, Nellie revoked...

Excerpt: ...ruling will automatically become the Court's final order on Friday, August 20, 2021 unless, by no later than 4:00 p.m. on Thursday, August 19, 2021, a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requeste...

Excerpt: ...,000. The settlement agreement states there will be attorneys' fees and cost of up to $500,000 (33%), costs of up to $30,000, a service award of $10.000 for the class representative, and settlement administration costs of up to $15,000. After these expenses, the class would get $945,000. The average payout per class member would be approximately $785.00. The proposed class notice form and procedure are adequate. The proposed class is appropriate ...

Excerpt: ...liminary injunction. The Court granted Plaintiff's Ex Parte Application and issued a Temporary Restraining Order against Defendants Youland, Inc., Lin Jia (aka Richard Jia) and Peer Street, Inc. on June 28, 2021. The Court granted the application in order to protect Plaintiff from having the property sold at a trustee's sale on July 1, 2021. The Court cannot grant the requested injunction because Plaintiff subsequently dismissed Peer Street, Inc....

Excerpt: ...on and discipline. ... Limiting disclosure of third party complaints, investigations, and discipline to the persons who consent to the disclosure and production of their complaints also addresses the burden issue. The results of the opt-in waiver for complaints of race harassment will define the files to be reviewed, which then limits the burden on Tesla of locating the relevant files." On 4/9/21, the court granted in part Tesla's motion to not c...

Excerpt: ... 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." (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." (Id.) MOTION FOR SUMMARY ADJUDICATION Honeywe...

Excerpt: ...eading" for failing to admit liability. The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. (C.C.P. §437.) Plaintiffs' requests for judicial notice are denied. The Court is not required to take judicial notice of the statements in counsel's declaration or any of the alleged "facts and propositions" or other matters in the request for jud...

Excerpt: ...ation - Abuse of Administrative Process". In addition, Karnstein moves to strike six other portions of the Cross-Complaint, as indicated in Items Nos. 1-6 in Karnstein's Notice of Motion. In ruling on a Special Motion to Strike, the Court engages in a two-step process. (See Equilon Enterprises v. Consumer Cause Inc. (2002) 29 Cal.4th 53, 67.) First, the Court decides whether the moving party has made a threshold showing that the challenged cause ...

Excerpt: ...personal injuries, "any defendant may demand one physical examination of the plaintiff". In her opposition, Plaintiff characterizes 3N's demand for physical examination as a demand for a "second physical examination", because a different defendant (Eleven Western Builders Inc.) previously conducted a physical examination of Plaintiff on August 20, 2020. Plaintiff's characterization, however, is incorrect because 3N has not previously conducted an...

Excerpt: ...here was a water incident at the property. The water damage was covered by the policy. Plaintiff promptly notified defendant. On 4/20/20, defendant assigned an adjuster to the claim. On 4/24/20, the adjuster inspected the property. On 4/28/20, the claim settled for approximately $20,000. The adjuster told plaintiff she needed to complete remediation within 30 days. On 5/30/20, plaintiff invoked insurance arbitration. As a result of COIVID complic...

Excerpt: ...st the Defendants 1) Invasion of Privacy, 2) Violation of Penal Code 632, 637.2, 3) Negligence, 4) Violation of Oakland Tenant Protection Ordinance, 5) Breach of covenant of quiet enjoyment; 6) IIED, 7) NIED, 8) Violation of Civil Code 1965, 9) Violation of statutory duties and 10) Trespass. Defendants seeks summary judgment, or in the alternative, summary adjudication of "several of the causes of action alleged against it pursuant to Code of Civ...

Excerpt: ...ause of Action for Breach of Contract is premised on a claim that he is a third-party beneficiary of a contract between Defendant and Alameda Health System. The undisputed facts establish that Plaintiff is not a third-party beneficiary of that contract. (See Defendant's Separate Statement Facts ("SSF") Nos. 1-4 and the evidence cited in support, particularly Exhibit A to the declaration of Grace Kroeger, at page 9 section 17.) In addition, even i...

Excerpt: ...Amended Complaint paragraphs 5 and 9.) Plaintiff alleges that during that time period, he had 62 prescriptions handled by Le. (See First Amended Complaint, paragraph 12.) Plaintiff also alleges that Defendant made a single prescription error on August 15, 2007, which he settled through a small claims case (see First Amended Complaint, paragraph 7); he does not allege that Defendant has made any prescriptions errors since that date. Plaintiff admi...

Excerpt: ...r, Plaintiffs fail to allege facts suggesting that Tesla owned, operated, used, or drove the subject vehicle at the time of the accident. The First Amended Complaint alleges that Defendants Romeo Lagman Yalung (hereinafter "Yalung") and Vilima Yalung, not Tesla, owned the subject vehicle at the time of the accident. (See First Amended Complaint, paragraphs 4-5.) The First Amended Complaint alleges that at the time of the accident, the subject veh...

Excerpt: ...stop paying the Reynolds and destruction of paper data by getting "rid of all the stuff in the warehouse." (See Landerholm Declaration in Support of the People's Motion for Terminating Sanction for Spoliation and Failure to Obey Discovery Order ("Landerholm Decl.") at ¶ 83.) On the other, the information on the DMS software could apparently be accessed (Landerholm Decl. at Exh. MM)-it has not been destroyed-and the warehouse remains open with do...

Excerpt: ...at Defendants Polaris Industries, Inc., Volvo Penta of the Americas, LLC and Larson Marine, Inc. are liable because the boat failed to conform to the conditions of the express and implied warranties for the performance of the vessel. Plaintiff alleges generally that the boat failed to perform in the manner that a reasonable consumer would expect it to perform. Plaintiff alleges that he took the boat to Larson Marine, Inc. and the authorized repai...

Excerpt: ...to all defendants. DEMURRER BASED ON APPLICABILITY AND CONSTITUTIONALITY OF C.C.P. 340.1 Defendant Oakland Unified School District ("District") and the individual defendants Ronald Solis, and Katherine McLane, demurrer to Plaintiff's First Amended Complaint on the grounds that expanded statute of limitations does not apply to situations where the repeated sexual assault was perpetrated by students and not "an employee, volunteer, representative, ...

Excerpt: ...Agency pursuant to the Labor Code Privat Attorneys General Act of 2004 ("PAGA") (Lab. Code, §§ 2698 et seq.). Although filed in the Superior Court for the City and County of San Francisco, it is currently part of a coordinated proceeding, Mercy Housing Wage and Hour Cases (Judicial Council Coordination Proceeding No. 5015). The coordinated action currently includes one other case, Freeman v. Mercy Services Corp., (Super. Ct. for Sacramento Cty....