Excerpt: ... a response to this information without an affirmative "opt in" from its current and former employees. ANI argues that the Belaire-West process of providing employees the opportunity to "opt out" of having their information provided is no longer acceptable following the California Consumer Privacy Act ("CCPA") and California Privacy Rights Act ("CPRA"). The CCPA became effective January 1, 2020 (Stats. 2018, ch.55, § 3 [amending Civ. Code § 179...

Excerpt: ...pay for the cost of preparing the record on appeal. (Govt Code 6103.) On 3/26/21, Plaintiff Muchnick then elected to use an appendix under CRC 8.124. PROCEDURE This motion concerns the interpretation and application of Rules of Court that relate to the record on appeal. CRC 8.124(a)(1) states that the superior court is to resolve disputes about the use of an appendix. APPLICATION OF GOVT CODE 6103 The Regents is a public entity, so the Govt Code ...

Excerpt: ...long as the amendment is "in the furtherance of justice, and upon such terms as may be proper." (Code of Civil Procedure ["CCP"] § 576; see also CCP § 473(a)(1) [allowing amendments to pleadings after notice to adverse party].) This Court should be "liberal in allowing the amendment of pleadings at any stage of the proceedings where the amendment does not cause prejudice to the rights of other parties." (McGuan v. Endovascular Technologies, Inc...

Excerpt: ... for cannabis use and fails to inform the customers that they will be exposed to smoke as a reasonably foreseeable use of the product. (H&S 25249.6.) The 1AC filed 1/20/21 is the operative complaint. The 1AC asserts that defendant distributes its products in Alameda 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...

Excerpt: ...required the county board of supervisors to "consult[] with the local pediatric hospital" regarding expenditures. Children's Hospital demurred to that Complaint, and the Court sustained the demurrer without leave to amend on March 30, 2021 and ordered Children's Hospital dismissed as a party to this action. Children's Hospital filed a summary memorandum of costs on April 6, 2021, claiming $513.76 in filing and motion fees. Plaintiffs now move to ...

Excerpt: ... dispute." (Miller 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 ...

Excerpt: ...cia fell from 13 feet high and hit him. The inspection showed that it fell because it was cut 1/8-1/16 inch short and out of square Plaintiff asserts a single claim for dangerous condition of public property. (Govt Code 835.) (SSUF 1) EVIDENCE The objection of the Regents to the Declaration of Zachary Moore is DENIED. Moore is a mechanical and forensic engineer and is a qualified expert in those areas. Moore's testimony that the fascia was an uns...

Excerpt: ...itting 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 correct any def...

Excerpt: ...mpensation Plan And Agreement and plaintiff had time to review it before deciding whether to sign it. The arbitration provision is presented in the same manner as the other provisions in the Agreement. Plaintiff initialed each page of the agreement. Plaintiff had the opportunity to "out-out" of arbitration and did not exercise that choice. The agreement is a take it or leave it agreement. This is an indication that it is procedurally unconscionab...

Excerpt: ...illips filed the motion to transfer venue to San Diego. On 10/20/20, Leslie Phillips had filed her answer to the cross-complaint. MOTION #1 - PREFERENCE The motion of Stephen E. Phillips for trial preference is GRANTED. STANDARD UNDER CCP 36(a). CCP 36(a) states: (a) A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The ...

Excerpt: ...ss certification hearing for 01/10/2019. The time between filing and the reservation was 3 years and 10 days. What is the effect of the time gap, if any, on Defendant's Motion to Dismiss? 2. The Motion for Class Certification was heard on 09/13/2019 and the class was certified on 09/27/2019. Between Plaintiff obtaining its reservation on 02/15/2018 and the order certifying the class - a period of approximately 1 year and 7 months - the parties en...

Excerpt: ... 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 sustaining ...

Excerpt: ...easanton. (Cpt 7) Plaintiff sat on a bench and the bench collapsed. (Cpt 8) Plaintiff sustained serious injuries. (Cpt 8) Taylor Boynton was the sales manager for the area where incident occurred. (Cpt 5) Plaintiff alleges causes of action for (1) negligence, (2) premises liability, and (3) products liability. ORDER Negligence. OVERRULED. Plaintiff adequately alleges that Taylor Boynton, as sales manager for the area where incident occurred, had ...

Excerpt: ...y service. CCP 203(a) now excludes from jury service 11 categories of persons. At issue in this case is CCP 203(a)(11), which states: "(a) All persons are eligible and qualified to be prospective trial jurors, except the following: ... (11) Persons who are currently required to register as a sex offender pursuant to Section 290 of the Penal Code based on a felony conviction." Plaintiff asserts a single cause of action asserting that the legislati...

Excerpt: ...nce of any trust. (Yu Dec, para 13) In 1993 it is unclear whether Mother lived in Alameda County (Lian Dec., para 2) or in China (Yu Dec., para 9-10.) In 2007, something happened. Daughter Lian asserts that in 2007 Second Daughter Leshing and Leshing's daughter Tao Yu persuaded Mother to transfer responsibility for the trust to Yu. If so, then the trust was presumably still for the benefit of Daughter Lian. Yu assets that in 2007 Mother sold the ...

Excerpt: ...to pay for the dental practice. Richard Evangelista filed a cross complaint alleging that Stephen Phillips breached the contract and that Leslie Phillips misappropriated trade secrets. Leslie Phillips filed a cross-complaint against Richard Evangelista arising from her employment with him from 2017-1919. On 3/22/21, Evangelista served a subpoena on Verizon Wireless seeking all of Leslie Phillips's telephone records for the time period 12/1/18 - 6...

Excerpt: ...tion procedures is to allow this Court to "cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute." (Miller 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 i...

Excerpt: ..., contractor NorCal Builders, and subcontractor Lutz Construction Services. Under the agreement, (1) there was a mutual release between H&H and NorCal, (2) Lutz released claims against H&H, (3) NorCal was to pay Lutz $30,000 in installments, and (4) if NorCal defaulted, then Lutz could seek judgment against NorCal. The 1AC alleges that Defendants Accredited Surety is NorCal's construction bond surety for that Guardian, is Accredited's claims agen...

Excerpt: ...ff Karen Permillion started employment with Alameda Health System. In March / Apr. 2017, plaintiff transitions to role in "EBEW" team. The job description requires a medical billing and coding certification, but Plaintiff is told that the requirement was not necessary. In Nov. 2017, plaintiff files for FMLA leave; takes 12 weeks protected leave. When she returns, she has doctor's orders to take intermittent leave. In April 2018, Plaintiff's manag...

Excerpt: ...s as "naturally occurring." The Court will not approve a settlement that allows such deductions unless the moving party shows, with evidence, that each allowance is based on accurate measurements of amounts of lead unavoidably found in low-lead sources of that ingredient. The supporting papers also provide no evidence from which the Court can determine the scale of unwarned exposures, such as the number of servings sold within California over a r...

Excerpt: ...earn v. Trader Joe's Co. (2018) 20 Cal.App.5th 989, 996.) The court GRANTS the requests of Wells Fargo for judicial notice of the federal court order of 6/19/19 (RJN , Exh 5), the bankruptcy court order of (RJN Exh 29), and the 7/10/18 dismissal of the bankruptcy case (RJN Exh 31.) The other RJNs are not relevant to this order. Defendant Smith isthe former owner of record of a single-family residence (the "Property"). Defendant Robinson was marri...

Excerpt: ...judgment. On 7/18/16 the court granted summary judgment against Edward Plummer (Grandfather). Edward Plummer did appeal this Court's judgment, and the court of Appeal reversed. On 8/21/20, defendant Kaiser filed a motion for judgment on the pleadings asserting that under CCP 377.60 the Grandfather did not have standing to sue for wrongful death. On 9/22/20, the court granted that motion as to Grandfather stating: "Plaintiff concedes that he does ...

Excerpt: ..., Plaintiff noticed leaks and mold in his unit. (1AC, para 18.) In the spring of 2019, plaintiff noticed bed bugs in his unit and self-treated the unit for beg bugs. (1AC, para 20, 21.) The treatment was unsuccessful. (1AC, para 21.) In March 2019, Plaintiff reported bed bug and mold issues to Defendants. (1AC, para 22.) Defendants took no action. (1AC, para 23.) On 5/14/19, Plaintiff filed a housing inspection request with the City. (1AC, para 2...

Excerpt: ...dgment or adjudication on each of its causes of action. Defendants oppose. For the reasons discussed below, the City's motion for summary judgment is DENIED. LEGAL STANDARDS The purpose of summary judgment procedures is to allow this Court to "cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute." (Miller v. Fortune Commercial Corporation (2017) 15 Cal.App...

Excerpt: ... necessarily incurred by the defendant." (Nelson v. Anderson (1999) 72 Cal. App. 4th 111, 131.) The party filing a motion to tax has the burden of showing that an item is not properly chargeable or is unreasonable. The Court's first determination is whether the statute expressly allows the particular cost item. The Court's second determination is whether the amount of the cost is unnecessary or unreasonable. In resolving the second issue, the obj...