Excerpt: .... Plaintiffs allege that Defendant has violated and continues to violate provisions of the California Code of Regulations requiring that employees should be given a suitable seat if the nature of their work reasonably permits the use of seats. Defendants have advised the Court that this is not the first private attorney general act case filed in California by Walmart employees asserting that their right to use a seat while working has been violat...

Excerpt: ...t 520. The Court has reviewed the parties' papers. Plaintiffs are current and former employees of Walmart Inc. who allege that Walmart has violated and continues to violate provisions of the California Code of Regulations requiring that employees should be given a suitable seat if the nature of their work reasonably permits the use of seats. The Court agrees with Defendant's assertion that Plaintiffs' claims in this action filed pursuant to Labor...

Excerpt: ...s given leave to amend to clarify whether or not the subject property was sold. If the subject property was not sold, Plaintiff should identify the language in the listing agreement (if any) that addresses whether Plaintiff is to be paid under those circumstances, and if so, how the payment is to be calculated. The portion of paragraph 3A(1) of the listing agreement quoted in Complaint paragraph 10 does not address that issue. Second, Plaintiff h...

Excerpt: .... Plaintiffs allege that Defendant has violated and continues to violate provisions of the California Code of Regulations requiring that employees should be given a suitable seat if the nature of their work reasonably permits the use of seats. Defendants have advised the Court that this is not the first private attorney general act case filed in California by Walmart employees asserting that their right to use a seat while working has been violat...

Excerpt: ...t 520. The Court has reviewed the parties' papers. Plaintiffs are current and former employees of Walmart Inc. who allege that Walmart has violated and continues to violate provisions of the California Code of Regulations requiring that employees should be given a suitable seat if the nature of their work reasonably permits the use of seats. The Court agrees with Defendant's assertion that Plaintiffs' claims in this action filed pursuant to Labor...

Excerpt: ...was made aware prior to filing the Ex Parte Application that Dept. 520 does not hear ex partes on Fridays. The Ex Parte hearing was set for the following week. Neither the court nor opposing counsel had received the Ex Parte Application at the time of the hearing on the Motion for Summary Judgment The Court proceeded with the hearing on the Motion for Summary Judgment on April 30, 2021. Counsel for Plaintiff, Eliza Stewart, and Counsel for defend...

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: ...s given leave to amend to clarify whether or not the subject property was sold. If the subject property was not sold, Plaintiff should identify the language in the listing agreement (if any) that addresses whether Plaintiff is to be paid under those circumstances, and if so, how the payment is to be calculated. The portion of paragraph 3A(1) of the listing agreement quoted in Complaint paragraph 10 does not address that issue. Second, Plaintiff h...

Excerpt: ...ter counsel met and conferred on March 19, 2021 regarding the responses served on March 15, 2021, Plaintiff produced additional documents that counsel believed were responsive to request no. 1, but it did not amend the original deficient response. Plaintiff's response is inherently ambiguous because it asserts several objections, which have some merit, but then states that it will produce all documents responsive to the request. The Court does no...

Excerpt: ...r production of documents. The Court has reviewed the requests for production attached as Exhibit A to the Declaration of Audrey Smith. The Court has been advised that the scope of requests nos. 1 and 2 were limited after a discussion between the attorneys. Although Ms. McKewon, through her attorney Jonathan C. Teller, objected to the scheduling of the deposition on March 26, 2021, she did not object to the requests for production. Ms. McKewon ap...

Excerpt: ...asserts only the First Cause of Action for Harassment against Defendant Scott Page. The allegations and claims in the Complaint determine the scope of relevant issues before the Court. See Johnson v. Raytheon Co., Inc. (2019) 33 Cal.App.5th 617, 636; and Hutton v. Fidelity Nat'l Title Co. (2013) 213 Cal.App.4th 486, 493. Plaintiff, who is African American, was hired by National University on February 11, 2015. National University System ("NUS") i...

Excerpt: ...endant's employee or employees. The Court notes that Roadrunner Transportation did not file an opposition, nor did Plaintiff Rodney Deed object to the production of his employment records. The Court, however, cannot order an out-of-state entity to comply with a California subpoena duces tecum. Defendant has not shown that the Illinois entity is subject to the Court's jurisdiction. The motion is granted as to the August 4, 2020 subpoena duces tecu...

Excerpt: ...Since Plaintiff's initial deposition, he has requested that trial be continued twice, to occur after additional surgeries and medical treatments. In particular, Plaintiff filed an application to continue trial on September 10, 2019 in which he asserted that an "anterior cervical discectomy and fusion" surgery he had undergone on September 5, 2019 "has undoubtedly changed the status of this case" because he would not be able to "advance his damage...

Excerpt: ...l their attorney filed a meet-and-confer declaration on February 11, 2021. Defendants then filed their demurrer to the Complaint on March 8, 2021. Plaintiff has not filed proofs of service of the summons on the numerous other Defendants identified in her Complaint. Plaintiff's Complaint includes the following four Causes of Action: (1) Violation of Civil Rights (42 U.S.C. § 1983); (2) Violation of Civil Rights (42 U.S.C. § 3601 and the Fourteen...

Excerpt: ...urrer to the First, Fifth, and Sixth Causes of Action with leave to amend. The Court overruled the demurrer as to Plaintiff's other claims. Plaintiff voluntarily withdrew the Sixth Cause of Action for Partition when she filed her First Amended Complaint on February 11, 2021. The Court notes at the outset that Defendant did not meet his burden of establishing that he made a reasonable and good faith attempt to resolve the issues raised in the demu...

Excerpt: ...rposes of this action, they were also the employees of Sonesta and therefore Sonesta is liable for their claims based on harassment and retaliation in violation of the Fair Housing and Employment Act ("FEHA") and Labor Code § 1102.5. FMC had contractual relationship with Sonesta in which FMC provided temporary custodial workers at a hotel in Milpitas operated by Sonesta. (See SSF No. 10-13.) Under FEHA, an individual paid by a temporary service ...

Excerpt: ...e specific limitations he wants imposed on the examination. First, he wants any court order granting the examination to explicitly prohibit the examiner from taking Plaintiff's medical or clinical history. Second, he wants the order to explicitly prohibit the examiner from asking "fact finding questions about the exposure to carbon monoxide or the subject dwelling." Third, he wants the order to require Defendant to produce a record or report of t...

Excerpt: ...d not evidentiary facts); and C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872 (same). Furthermore, if Plaintiff asserts one or more claims against all Defendants, as he did in the First Cause of Action, he should specify which of the four (4) individual Defendants committed each alleged violation. See Rule of Court 2.112. Plaintiff's failure to comply renders the First Amended Complaint ambiguous and uncertain. See CCP ...

Excerpt: ...ville is a suburb of Washington, D.C. Plaintiff and Defendant do not have any serious disputes about the facts underlying Plaintiff's claims. Plaintiff purchased a vintage 1970 Chevrolet Chevelle from Defendant on May 31, 2017. Defendant is a dealer in classic automobiles. Plaintiff alleges in the Complaint that he agreed to pay $90,654.00. The cost of the vehicle included its delivery from Maryland to Plaintiff's residence in Pleasanton, Califor...

Excerpt: ...er a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike." (CCP § 472.) "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading[.]" (CCP § 473(a)(1).) "[T]rial courts are to liberally permit such amendments, at any stage of...

Excerpt: ...ville is a suburb of Washington, D.C. Plaintiff and Defendant do not have any serious disputes about the facts underlying Plaintiff's claims. Plaintiff purchased a vintage 1970 Chevrolet Chevelle from Defendant on May 31, 2017. Defendant is a dealer in classic automobiles. Plaintiff alleges in the Complaint that he agreed to pay $90,654.00. The cost of the vehicle included its delivery from Maryland to Plaintiff's residence in Pleasanton, Califor...

Excerpt: ...al injuries when her bus was struck from behind by a vehicle driven by Defendant Calhoun on San Pablo Avenue, in Berkeley. Plaintiff's action was consolidated for all purposes with an earlier filed action filed by the Alameda-Contra Costa Transit District on December 12, 2019 to recover some or all of the amounts it paid to Plaintiff Gates in worker's compensation benefits. Counsel for Defendants has been attempting to take Plaintiff's deposition...

Excerpt: ...20. On November 23, 2020, prior to Defendant making an appearance, Plaintiff filed the operative First Amended Complaint on behalf of himself and other allegedly aggrieved employees for civil penalties pursuant to Labor Code § 2699. Plaintiff alleges in the First Amended Complaint that he exhausted his administrative remedies by giving notice of his claim to the Labor and Workforce Development Agency. In paragraph 7, Plaintiff prays for an award...

Excerpt: ...d the Verified Amended Answer of Permobil, Inc. to the Fifth Amended Complaint filed on January 8, 2021. Plaintiff requests the Court to sustain its demurrer to Defendant's denials of his allegations in paragraphs 60-63, 83-84, 87-89, 91-93, and 96-97 of the Verified Fifth Amended Complaint. Plaintiff argues in his demurrer that Defendant had an obligation to deny each allegation positively or according to its information and belief because the a...

Excerpt: ...20. On November 23, 2020, prior to Defendant making an appearance, Plaintiff filed the operative First Amended Complaint on behalf of himself and other allegedly aggrieved employees for civil penalties pursuant to Labor Code § 2699. Plaintiff alleges in the First Amended Complaint that he exhausted his administrative remedies by giving notice of his claim to the Labor and Workforce Development Agency. In paragraph 7, Plaintiff prays for an award...