Excerpt: ...ing that is the subject of this lawsuit, video surveillance of the events leading up to and including the shooting, and police interviews with eyewitnesses including Defendants' employees.) It is fairly clear why those documents and recordings - if they all actually exist - would contain facts necessary for Plaintiff to oppose this motion. The Court's discretion in whether to grant a continuance should usually be exercised in favor of granting th...

Excerpt: ...two of the four causes of action in WM's First Amended Complaint. The Court rejects EMBUD's argument that the discovery at issue is either burdensome or oppressive. A party seeking relief from discovery based on burden must submit evidence showing the quantum of work required to respond to the discovery, and a party seeking relief based on oppression must show an intent to create an unreasonable burden or that the effect of the burden is incommen...

Excerpt: ...ile an administrative charge with the DFEH alleging any harassment by Leung, as required by Government Code § 12960. (See Medix Ambulance Service Inc. v. Superior Court (2002) 97 Cal.App.4th 109, 115-118.) Although Plaintiff's DFEH charge did mention Leung by name, it neither alleged that Leung was her employer, nor that Leung had harassed her, nor that Leung was the perpetrator of the harm suffered by Plaintiff. Therefore, Plaintiff's DFEH char...

Excerpt: ...n Defendants' memorandum of points and authorities and the declarations of Gina Teafatiller, James Bittick, and Lawrence Joseph. The Court has no record that Defendants filed a declaration by James Bittick in support of this motion on August 24, 2020 or thereafter, and Defendants have never provided provide Department 520 with a courtesy copy of Bittick's declaration (or indeed any of their other moving papers filed August 24, 2020, as required b...

Excerpt: ...two of the four causes of action in WM's First Amended Complaint. The Court rejects EMBUD's argument that the discovery at issue is either burdensome or oppressive. A party seeking relief from discovery based on burden must submit evidence showing the quantum of work required to respond to the discovery, and a party seeking relief based on oppression must show an intent to create an unreasonable burden or that the effect of the burden is incommen...

Excerpt: ...he attorneys advise the Court that they were attempting to settle the case informally prior to November 17, 2020. After the Court ordered the parties to submit their claim to arbitration, the attorneys then spent months attempting to select an arbitrator. Plaintiff's attorney finally contacted JAMS on March 16, 2021 and commence the arbitration. On April 19, 2021, the parties advised JAMS that they had agreed to have the matter heard by retired f...

Excerpt: ...DENIED. The motion for summary judgment cannot be granted because Plaintiffs have not met their initial burden of making a prima facie showing that each element of the cause of action has been proved. See Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. Although Plaintiffs have provided the Court with a large volume of evidence in the form of Defendant's responses to written discovery and pleadings and orders in the earlier filed Pro...

Excerpt: ...in their declarations, points and authorities in opposition being stricken. In addition, the motion of Plaintiffs Sharif Sawires and Nina Birnbaum for entry of judgment pursuant to the terms of the parties' Stipulation to Settle, executed on January 12, 2021 and approved by the Court on February 17, 2021, pursuant to CCP § 664.6, is CONTINUED to September 10, 2021, at 2:00 p.m., in Department 520. The Court has reviewed the parties' voluminous s...

Excerpt: ...ults were entered on April 7, 2021, and default judgment was entered on November 22, 2017. Plaintiff's former counsel Bonnie Anderson has filed a declaration under penalty of perjury asserting that on October 5, 2017, she was contacted by attorney Leonard Becker, purporting to represent Abeles, to discuss this case. In a subsequent discussion on November 9, 2017, Becker indicated that he would consult with Abeles about Plaintiff's proposal to set...

Excerpt: ...DENIED. The motion for summary judgment cannot be granted because Plaintiffs have not met their initial burden of making a prima facie showing that each element of the cause of action has been proved. See Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. Although Plaintiffs have provided the Court with a large volume of evidence in the form of Defendant's responses to written discovery and pleadings and orders in the earlier filed Pro...

Excerpt: ...inst Plaintiff's property because he did not pay his assessments. Defendant says that Plaintiff became delinquent in 2014, and the trustee's sale was held on April 24, 2018. Plaintiff claims in the Complaint that he owed less than $1,000 in delinquent assessments as of April 2018. Plaintiff also claims that Defendant and the foreclosure trustee failed to comply with their statutory obligations in scheduling and conducting the trustee's sale. Base...

Excerpt: ...on for parties to file motions for summary judgment and for summary adjudication without conducting much if any discovery. The Court acknowledges the cost of litigation for Defendants accused of failing to comply with the myriad requirements imposed by the Labor Code and industrial wage orders. Defendants certainly would not be in a more favorable position if the Court were to grant their dispositive motion without the requisite supporting factua...

Excerpt: ...meda. The subject property had belonged to Veronica Cerkueira ("VC") and LC, in "joint tenancy with right of survivorship". On December 17, 2014, VC filed for divorce from LC. Upon the filing of the divorce petition, certain automatic temporary restraining orders ("ATROs") took effect pursuant to Family Code § 2040(a)(4) and (b)(3), which (1) restrain a spouse from transferring an interest in property by deed without the written consent of the o...

Excerpt: ...to one or 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 n...

Excerpt: ...o provide the Court with courtesy copies of the relevant pleadings if it is reasonably likely that the Court will need to review them to decide a motion. The Clerk's Office does not provide the individual departments with any portion of the court file for law and motion matters. The allegations in the Complaint indicates that Plaintiffs S.R. and J.O. are developmentally disabled high school students who attended Mt. Eden High School during the 20...

Excerpt: ...Plaintiff asserts in this case fall within the scope of disputes that Plaintiff agreed to arbitrate in the MVOA and the RISC. The Court rejects Plaintiff's argument that Defendant lacks standing to enforce the parties' arbitration agreement because it assigned its interest in the RISC to US Bank. Plaintiff's claims against Defendant arises out of its purchase of Defendant's vehicle, and therefore Plaintiff has expressly agreed to arbitrate those ...

Excerpt: ...e presented and instead believed that it would be best for the Court to make the call. The entire reason the Legislature imposed a meet-and-confer requirement for demurrers and other pleadings motions was that too many litigants were asking the court to make the call. The Legislature determined that California trial courts were spending too much time and effort resolving endless rounds of pleadings challenges. Plaintiff must relent if he is not a...

Excerpt: ...herance of a person's right of free speech in connection with a public issue. (See Code of Civil Procedure § 425.16(b)(1).) Second, if such a showing is made, the Court determines whether Plaintiff has demonstrated a probability of prevailing on the claim. Plaintiff demonstrates this by showing the Complaint is legally sufficient and supported by a sufficient prima facie showing of facts to sustain a favorable judgment if the evidence submitted ...

Excerpt: ... personally served with the Summons and Complaint on June 23, 2020. Defendants' defaults were entered on 10/13/20. Pursuant to the request of Plaintiff, the court entered Default Judgment against the defendants on March 1, 2021. Defendants filed the instant Motion to Set Aside Default and Default Judgment on April 27, 2021. According to the Defendant's motion, this case is one of a trio of cases filed by Plaintiff Elvecio Machado against his brot...

Excerpt: ... sold by T-USA. Ryan Mark has sued UC, alleging a dangerous condition of public property, and he has also sued T-USA for various product liability claims. In its First Amended Cross-Complaint, T-USA alleges causes of action against UC for indemnity (both equitable and contractual) and declaratory relief. T-USA has also alleged a Sixth Cause of Action against UC for dangerous condition of public property. However, T-USA has not alleged that it was...

Excerpt: ...of which Plaintiff was also the co- founder) because Plaintiff had sexually assaulted an employee. McSilva allegedly reposted Arkin's defamatory posts with additional commentary, specifically "Salesforce this sexual predator now works for company as Global Head of Product for Music and Entertainment. What are you going to do about it?" As a result of that posting, Plaintiff alleges he was fired from his employment at Salesforce. As to Plaintiff's...

Excerpt: ...e for discovery the plaintiff must introduce sufficient evidence to establish a prima facie case of falsity or unprivileged statements. (See Paterno v. Superior Court (2008) 163 Cal.App.4th 1342, 1351.) Plaintiff seeks discovery as to all posts made by Defendant Tyler McSilva on Instagram. The only evidence Plaintiff has submitted that McSilva made any statements on Instagram about or referring to Plaintiff is the declaration of Plaintiff's broth...

Excerpt: ... is DROPPED. The motion of Defendants to strike the false and contradictory portions of Plaintiff's First Amended Complaint, pursuant to CCP §§ 435 and 436, is DROPPED. The demurrer and motion to strike are dropped because attorney Simona A. Farrise Best did not comply with her statutory obligation to make a reasonable and good faith attempt to resolve the disputed issues informally prior to filing the demurrer and motion to strike. See CCP §�...

Excerpt: ..., Inc. is liable to him for his serious injuries and loss of earnings because Defendant Pulla was within the course and scope of his employment by The Gap, Inc. when the accident occurred. Plaintiff filed his Complaint on May 31, 2019. Attorney Steven J. Brady entered the case when his attorneys filed an Association of Attorney on December 7, 2020. In February 2021, the Court granted the parties' stipulation and continued the March 26, 2021 trial...

Excerpt: ...metering lights just beyond the Bay Bridge Toll Plaza. The parties advise the Court that Defendant served several subpoenas but later agreed to withdraw them in response to Plaintiff's informal objection. The Court acknowledges that although Plaintiff has waived her right of privacy to her medical records by filing this action seeking damages for her injuries, the scope of the waiver is limited by the injuries claimed and other factors not curren...