Excerpt: ... matters which may be judicially noticed. [Citation.] Further, 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.) "Liberality in permitting amendment is the rule, if a fair opportunity to correct any defect has not been given." (Angie M. v. Superior Court (1995) 37 Cal.App.4th 1217, 1227.) For the Court to grant leave to amend after sus...

Excerpt: ...emurrer 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 interpretation, reading it as a whole and its parts in their context. [Citation.]" (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) "Liberality in permitting amendment is the rule, if a fair opportunity to c...

Excerpt: ...urth Floor), 1221 Oak Street Oakland. Plaintiff's counsel provide an estimate of 566.3 hours of work on this case, which seems unusually high for a relatively straightforward PAGA action, supported only by declarations conclusorily alleging that these hours were reasonably and efficiently incurred. Although hourly billing entries are not generally required in the context of a settlement motion, the Court is unwilling to approve an attorney fee aw...

Excerpt: ...ng 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 interpretation, reading it as a whole and its parts in their context. [Citation.]" (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) REQUESTS FOR JUD...

Excerpt: ...4.) "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 have not agreed to arbitrate and which no statute has made arbitra...

Excerpt: .... 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 have not agreed to ...

Excerpt: ...jections to the Glickstein declaration are OVERRULED. At deposition, Glickstein stated he did not recall the events relevant to this case. PX 2, pp 33-34, 54.) In his declaration, Glickstein states he recalls the events relevant to this case. "It is well-established that "a party cannot create an issue of fact by a declaration which contradicts his prior discovery responses. ... Where a declaration submitted in opposition to a motion for summary ...

Excerpt: ... the building manager before calling any of the contractors on the sheet. Stoneledge employee Mountain called the building manager and got no response. The emergency contact stated that tenants were to call Carson Madrona if they could not reach the building manager. Stoneledge employee Mountain did not try to call Carson Madrona. Stoneledge employee Mountain called Perez of DP Electric. DP Electric employee Perez tried to fix the electrical prob...

Excerpt: ... argues that the undisputed evidence shows that the delivery truck was not a proximate cause of the accident. EVIDENCE Plaintiff's objection #1 (police report) is SUSTAINED. It is not a business record. It is hearsay. Plaintiff's objection #2-10 (police officer testimony) is OVERRULED. The police officer was not qualified as an expert witness. The police officer can state his lay opinions. (Evid Code 800.) The police officer's conclusions based o...

Excerpt: ..." (Miller v. Fortune Commercial Corporation (2017) 15 Cal.App.5th 214, 220, citing Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843.) A party may move for summary adjudication to decide whether there is no merit to causes of action, affirmative defenses, or claims for damages, whether "one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs," or some combination thereof. (Code of Civil Procedure ["CCP"...

Excerpt: ...iled a class and collective action against GEICO in federal court. (Chung Dec, Exh A) On 1/27/21, plaintiff sent a PAGA letter to the LWDA regarding defendant GEICO. (Chung Dec, Exh B) On 4/9/21, plaintiff filed the complaint against GEICO asserting claims on behalf of the LWDA under Labor Code 2699 (PAGA). DEMURRER BASED ON STATUTE OF LIMITATIONS PAGA STATUTE OF LIMITATIONS - THE LAW The PAGA statute of limitations analysis concerns both (1) whe...

Excerpt: ...rer 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 interpretation, reading it as a whole and its parts in their context. [Citation.]" (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) When a complaint is facially defective regarding a portion of a cause of action...

Excerpt: ...nd a 10 year/100,000 miles powertrain warranty, which covers the engine and transmission." (Complaint ¶7.) On 8/14/14, the Vehicle had a check engine light, and the dealer fixed the issue. Tilley was identified as the owner of the vehicle. (UMF 16.) Over the next 27 months the Vehicle was presented to the dealer for seven occasions. (UMF 19.) On 4/X/17, Tilley transferred the Vehicle to plaintiff. (UMF 25; DX K.) On 9/1/17, Tilley passed away. (...

Excerpt: ...im related to workers compensation retaliation. The law on discovery of medical information is not in dispute. Disclosure of a party's medical history can be compelled with respect to those medical conditions that are in issue in a particular action but the party is "entitled to retain the confidentiality of all unrelated medical . . . treatment they may have undergone in the past." (Britt v. Superior Court (1978) 20 Cal.3d 844, 849.) The scope o...

Excerpt: ...v. Fortune Commercial Corporation (2017) 15 Cal.App.5th 214, 220, citing Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843.) Summary judgment is proper only when "there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." (Code of Civil Procedure ["CCP"] § 437c(c).) When a defendant moves for summary judgment, it is the defendant's burden as movant to show, for each caus...

Excerpt: ...ctual indemnification agreement. Procedurally, the Vintage motion is styled as a motion for summary adjudication, but it fails to distinguish between the five causes of action in the Vintage cross- complaint. The court considers the motion as it would a motion for summary judgment. Substantively, the Vintage motion for summary judgment seeking indemnification for the costs of defending this action is denied. Vintage has not presented any evidence...

Excerpt: ...Oakland filed an answer on June 11, 2021.The parties appear to have been in communication throughout this process. The policy of the state favors resolution of disputes on their merits. Because Oakland has filed its answer, the motion is DENIED. The Court further notes that the communications between the parties regarding this default were rather mercenary and sought to create a litigation advantage through procedure. This unnecessarily mercenary...

Excerpt: ...Defendants demurred to analogous causes of action in Dollaga's original operative complaint. The Court sustained that demurrer with leave to amend on March 30, 2021. Dollaga availed herself of the Court's leave and filed the FAC on April 15, 2021. The demurrer to the third cause of action is OVERRULED. The demurrer to the sixth cause of action is SUSTAINED WITHOUT LEAVE TO AMEND. Defendants are ordered to serve and file their answer the FAC withi...

Excerpt: ...rporation (2017) 15 Cal.App.5th 214, 220, citing Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843.) Summary judgment is proper only when "there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." (Code of Civil Procedure ["CCP"] § 437c(c).) When a defendant moves for summary judgment, it is the defendant's burden as movant to show, for each cause of action, that "one o...

Excerpt: .... [Citation.] Further, 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.) Every complaint must "set forth the essential facts of the plaintiff's case with reasonable precision and with particularity sufficient to acquaint the defendant with the nature, source, and extent of the plaintiff's claim." (Prue v. Brady Company/San Diego, Inc. ...

Excerpt: ...on the ground that the vegetation on the median strip was not a cause of the accident. On 11/5/20, both plaintiff Russell and defendant Zitani both filed oppositions to the City's motion for summary judgment. On 3/15/21, the court granted the City's motion for summary judgment. On 3/19/21, the City filed a memorandum of costs for $30.036.17. On 5/24/21, the City submitted a proposed judgment stating that it had prevailed against plaintiff Russell...

Excerpt: ...2014, Attorney Scott Greenspan was employed by Sedgwick. While at Sedgwick, Greenspan represented defendants American Home Assurance Company and National Union Fire Insurance Company of Pittsburg, PA. (Greenspan Dec., para 22, 25.) Greenspan also defended AIG Claims on several coverage and bad faith cases and interacted with AIG Claims personnel on several matters. (Greenspan Dec, para 10-11, 30.) None of the cases or matters concerned either thi...

Excerpt: ...nd was exposed to benzene from 1970 through 1973. (Cpt para 1, B-E.) Plaintiff worked in Sacramento County and Placer County and was exposed to benzene from 1974 through 2019. (Cpt para 1, F-P.) Plaintiff currently resides in El Dorado County. Plaintiff's health care providers are located in Sacramento County and Placer County. PROCEDURE AND EVIDENCE. The motion is timely. "There is no time fixed by statute when an action may be transferred for t...

Excerpt: ...ameda County. (1AC, para 8, 11.) The order of 3/4/21 denied Defendant's previously filed a motion to change venue. The citations to paragraphs in the 1AC in the prior order demonstrate that he court was considering the 1AC to be the operative complaint. Regarding CCP 395.5, the prior order states: "Defendant does not present evidence that it makes no sales in Alameda County and ships no product to Alameda County. Plaintiff conversely does not pre...

Excerpt: ...rts claim for negligence, habitability, and violation of the Oakland Tenant Protection Ordinance. Defendant AMP Property Management owned the property after December 2018. AMP Property Management in in default. There is evidence that the unit was unlawful, suggesting that the lease agreement was unlawful. It is unclear whether the underlying lease is invalid and subject to rescission and plaintiff is entitled to a refund of some or all of the ren...