Excerpt: ...nterest to Allen-Bradley ("Allen-Bradley"), 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: ...nt evidence to support their assertions that the civil penalty assessed by the consent judgment is reasonable based on the criteria set forth in Health & Safety Code section 25249.7(b)(2). The court needs more information to determine the dollar value of the sales when determining whether the civil penalty is reasonable. The court will not approve a settlement and consent judgment when the information used to determine the reasonableness of the c...

Excerpt: ...r amended complaint at this time. Any Defendant who has already answered is not required to file an amended answer in response to this Order. AC Transit, to the extent it has not already answered, is ORDERED to answer the remaining allegations of the TAC no later than 20 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. A government entity is not liable fo...

Excerpt: ... of action brought against Permobil, in Plaintiff's words, "[c]laims for consumer fraud because Permobil falsely represented to [Plaintiff] that its wheelchair 'was safe and effective,' and because Permobil's misrepresentation was a 'substantial factor' that caused harm to [Plaintiff]." (Pltf.'s Opp., p. 2:25-27.) DEMURRER "A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 C...

Excerpt: ...ther, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation.]" (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer for uncertainty is strictly construed because ambiguities of pleading can be resolved through modern discovery procedures. (Chen v. Berenjian (2019) 33 Cal.App.5th 811, 822; Khoury v. Maly's of Cal., Inc. (1993) 14 Cal.App.4th 612, 616.) A demurrer for uncertainty will ...

Excerpt: ...ocess. The SAP also alleges that Doe seeks to represent a class of "all University of California students found responsible for Sexual Harassment, Sexual Violence, Abuse, Domestic Violence, Dating Violence, Sexual Assault, Stalking, and/or Other Prohibited Conduct under the [SVSHP and related policies] . . . from August 2, 2015 through July 31, 2019." UC demurs to the SAP on the grounds that it fails to allege a community of interest sufficient t...

Excerpt: ...joint tortfeasor of Lorillard, where this Court has already conclusively adjudged in Berg v. Alta Bldg. Materials, RG 17-84928 (the "Prior Action,)" an asbestos torts action to which all of Plaintiffs, Defendant and Lorillard were parties, that Defendant is not a tortfeasor with respect to Plaintiffs or a joint tortfeasor with respect to Lorillard. ALLEGATIONS OF PLAINTIFFS' PRESENT COMPLAINT AND OTHER RELEVANT FACTS Plaintiff's Complaint in the ...

Excerpt: ...TANDARDS "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 discloses a complete defense." (Id.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters o...

Excerpt: ...ade at least 30 days before initial trial date). The initial trial date in this case was October 28, 2019. On January 21, 2020, the Court ordered the parties to comply with their obligation to meet and confer regarding the issues raised by Cross-Defendant in its motion. See CCP § 439(a). The Court is dismayed that the attorneys did nothing more than argue the merits of their respective positions. There was a substantial amount of discussion abou...

Excerpt: ...i), as the basis for their motion. (See Ntc. of Mtn., p. 2.) Section 438(c)(3) pertains to motions for judgment on the pleadings brought by the Court "on its own motion." That is not the situation here. This defect permeates Defendants' notice and is a sufficient ground for the Court to DENY Defendants' motion. Nonetheless, the Court will continue, substantively, as if Defendants had properly noticed their motion. LEGAL STANDARD "A party may move...

Excerpt: ...)(ii) "performs the same function as a general demurrer[] and hence attacks only defects disclosed on the face of the pleadings or by matters that can be judicially noticed." (Burnett v. Chimney Sweep (2004) 123 Cal.App.4th 1057, 1064; see Fire Ins. Exchange v. Superior Court (2004) 116 Cal.App.4th 446, 452; Ponderosa Homes, Inc. v. City of San Ramon (1994) 23 Cal.App.4th 1761, 1767- 1768.) TIMELINESS As an initial matter, the Court finds ADSI's ...

Excerpt: ... 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 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 ...

Excerpt: ... resolve the action. Plaintiff's unopposed Motion to Approve Proposition 65 Settlement and Consent Judgment is GRANTED. The Court will sign and enter the proposed consent judgment provided by the moving party. The Court finds the Consent Judgment ("CJ") meets the criteria established by Health & Safety Code section 25249.7, in that: (A) the reformulation standard required by the CJ complies with Health & Safety Code sections 25249.6 and 25249.10(...

Excerpt: ... in her deposition she suffers from PTSD. Plaintiff moves to quash three subpoenas requesting medical records from her medical care providers: Kaiser Permanente; Irina Khait; and Maidena McLerran, PhD. The subpoenas seek any and all medical records, without limitation as to date and without limitation as to any specific medical condition. Medical records are protected from disclosure by the right of privacy. (California Constitution, Art. 1, sec....

Excerpt: ...entiality is required by law, court records are presumed to be open." (Cal. Rules of Court, Rule 2.550(c).) "The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) [t]here exists an overriding interest that overcomes the right of public access to the record; (2) [t]he overriding interest supports sealing the record; (3) [a] substantial probability exists that the overriding interest will be prej...

Excerpt: ...of C.M. Ferrannini, Ex. A to Ex. A, at ¶ 4.b; id. Ex. B to Ex. A.) PBGC has initiated an arbitration proceeding seeking declaratory relief regarding whether it violated Black's substantive rights under the Labor Code. PBGC asks the Court to stay proceedings in this action so that the arbitrator may decide these questions in the first instance. The only cause of action alleged in the operative complaint in this action seeks civil penalties under ...

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: ...entiality is required by law, court records are presumed to be open." (Cal. Rules of Court, Rule 2.550(c).) "The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) [t]here exists an overriding interest that overcomes the right of public access to the record; (2) [t]he overriding interest supports sealing the record; (3) [a] substantial probability exists that the overriding interest will be prej...

Excerpt: ... 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 the party's interest in the litigation." (CCP § 36(a).) Noably, "[t]he 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 t...

Excerpt: ...nvolves Plaintiff's claim that Defendant defaulted on a credit card agreement. On or about 9/26/2019, Defendant executed a Stipulation Agreement pursuant to which Defendant stipulated to "entry of judgment in favor of [Plaintiff] ... in the amount of $4,157.05," which amount included courts costs and credited to Defendant a $254.00 payment previously made by Defendant to Plaintiff. (Moving Brumage Dec. Exh. 1 at ¶ 1.) The Stipulation Agreement f...

Excerpt: ...ment Requests Nos. 1- 10, listed in the revelent Deposition Subpoena Duces Tecum. (See Exh. 1 to Moving Tengberg Dec.) Mr. Namburu was an employee of B2B and worked for the company in or around July 2018. ¶ 37 of defendant and cross-complainant Anusha Mandadi's ("Defendant") First Amended Cross-Complaint, filed on 6/5/2019 in this action (the "FACC"), alleges that on or around 7/25/2018, one of B2B's employees, at the instruction of B2B's CEO Ma...

Excerpt: ...dant shall have until Wednesday, April 15, 2020 to file an Answer or other responsive pleading. The Court agrees that the SAC may not properly name insurer CSAA as a defendant. However, it is unclear whether Defendant or her attorney has standing to challenge the SAC on behalf of CSAA, where the Demurrer appears to be brought solely on behalf of Defendant. Nevertheless, the SAC is vague, ambiguous and uncertain, and the Court SUSTAINS Defendant's...

Excerpt: ...te the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) grounds exist for the revocation of the agreement." (Code Civ. Proc. § 1281.2.) There is no dispute that Plaintiff signed the purchase agreement that contained the provision to arbitrate, nor does he dispute that he did not follow the steps to opt out of the arbitration provision. Instead, Plaintiff challenges the e...

Excerpt: ...Defendant Eaton is the successor in interest to Cutler-Hammer Inc. ("Cutler- Hammer"), 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 proceedi...

Excerpt: ...campo") and Elvia Ocampo's ("Mrs. Ocampo") (collectively, "Plaintiffs") Opposition as untimely. Plaintiffs filed their Opposition to this Motion on March 3, 2020, ten calendar days before the hearing date. The Court's December 17, 2019 Trial Setting Order states that oppositions for Motions for Summary Judgment are due 10 days before the hearing. (Dec. 17, 2019 Trial Setting Order at p. 4 [see ¶ 16].) Thus, the Opposition is timely. Defendant's ...