Excerpt: ...dds allegations regarding all of the Defendants save Kaiser Foundation Hospitals, Defendants are required to file amended answers. Defendants shall respond to the TAC, after it has been served, as provided by the Code of Civil Procedure. IT IS FURTHER ORDERED that Defendant Permobil, Inc.'s ("Permobil") motion for summary judgment or summary adjudication, which is based on Plaintiff's Second Amended Complaint ("SAC") and is currently scheduled to...

Excerpt: ...ndependent contractors in violation of Labor Code section 226.8, failing to compensate its workers appropriately, and failing to permit appropriate meal breaks. (See, e.g., Complaint, ¶¶ 3, 47.) Plaintiff's Complaint alleges causes of action under the Private Attorneys General Act ("PAGA"). Plaintiff's Complaint is brought on behalf of himself, other aggrieved employees, and the State of California. (See Complaint, p. 1.) Plaintiff's Complaint ...

Excerpt: ...n served, as provided by the Code of Civil Procedure; however, Defendant is not required to file an amended answer. Defendant's motion to compel arbitration is DENIED AS MOOT. MOTION FOR LEAVE TO FILE SAC "Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading. . . ." (CCP § 576.) Great liberality is afforded a plaintiff to file an...

Excerpt: ...ne, the decision of the arbitrator is final and "shall" be confirmed by the court upon the petition or motion of a party to the arbitration, subject to the narrow exceptions set forth in Code of Civil Procedure sections 1286 et. seq. (See Moncharsch v. Heily & Blase (1992) 3 Cal. 4th 1, 11-12.) Here, although they have opposed the petition, Defendants/Cross-Complainants Mark Gimle and Tina Gimle ("Defendants") have not identified an exception und...

Excerpt: ...rogatories, Set No. 1, which were originally served on Defendant on May 29, 2019. The date for Plaintiff's compliance with this Order is 10 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. In regards to Special Interrogatory No. 2, Defendant's present response is inadequate, as Defendant has made an insufficient attempt to discern the information requeste...

Excerpt: ... IT IS FURTHER ORDERED THAT that Plaintiff/Defendant Singh shall deposit with the Court $3,000.00 per month as security. (See Dec. S. Singh, ¶ 17.) The first security deposit shall be made on January 1, 2020 and on the first day of every following month until further order of this Court or until the matters involved in the consolidated actions have been finally and completely disposed of and resolved, at which point the Court will order disposit...

Excerpt: ...k driver for a company owned and operated by the other Defendants, negligently dropped and reached for his phone while driving, causing an accident and Plaintiffs' injuries. Plaintiffs' Complaint alleges causes of action for negligence, negligence per se, and negligent entrustment/hiring/training/supervision. Plaintiffs' Complaint also requests punitive damages. Defendants now move to strike punitive damages from the Complaint. "The court may, up...

Excerpt: ...omplaint fails to state a cause of action upon which relief can be granted against Defendant Ukoha-Ajike. (See CCP § 430.10(e); but see Angie M. v. Sup. Ct. (1995) 37 Cal.App.4th 1217, 1227 ["Liberality in permitting amendment is the rule, if a fair opportunity to correct any defect has not been [previously] given."].) "A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal....

Excerpt: ...hom service is to be made or he or she is a necessary or proper party to the action[;] [or] (2) The party to be served has or claims an interest in real or personal property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding the party from any interest in the property." (CCP § 415.50(a).) "The court shall order the summons to be published in a named newspape...

Excerpt: ...tlor's proportionate liability, the amount paid in settlement, . . . a recognition that a settlor should pay less in settlement than he would if he were found liable after a trial, . . . as well as the existence of collusion, fraud, or tortious conduct aimed to injure the interests of nonsettling defendants." (Tech-Bilt, Inc. v. Woodward-Clyde and Assocs. (1985) 38 Cal. 3d 488, 499.) The Court finds the settlement for $10,000.00, which Telgian wi...

Excerpt: ...w Defendant Julia Chung shall respond to the SAC, after it has been served, as provided by the Code of Civil Procedure. "Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading. . . ." (CCP § 576.) Great liberality is afforded a plaintiff to file an amended complaint. (See Cal. Gasoline Retailers v. Regal Petroleum Corp. (1958) 50 C...

Excerpt: .... R. Landis, Exh. A.) Accordingly, Plaintiff's motion to compel is DENIED AS MOOT. The adequacy of these further responses is not presently or properly before the Court. The Court cannot appropriately address the amended responses here because the record before the Court in regards to those amended responses is necessarily incomplete, given that they were served after this motion was filed. The separate statements of the parties do not address th...

Excerpt: ...re section 2034.610 permits a party to seek to "[a]mend that party's expert witness declaration with respect to the general substance of the testimony that an expert previously designated is expected to give." (See also Sprague v. Equifax, Inc. (1985) 166 Cal.App.3d 1012, 1039 [stating that a trial court's determination to grant relief will not be disturbed absent a showing of abuse of discretion].) In deciding a motion made under section 2034.61...

Excerpt: ...cation as to each of the First through Eighth Causes of Action therein. Because summary judgment may be granted only if Defendants are entitled to judgment as to each and every cause of action (see C.C.P. § 437c(c)), the court proceeds by addressing the motion for summary adjudication as to each such cause of action. A. First Cause of Action The motion for summary adjudication as to the First Cause of Action is GRANTED. This cause of action alle...

Excerpt: ...efore or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading. . . ." (CCP § 576.) Great liberality is afforded a plaintiff to file an amended complaint. (See Cal. Gasoline Retailers v. Regal Petroleum Corp. (1958) 50 Cal. 2d 844, 851; Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 760-761 [finding that the policy favoring leave to amend is strong].) Generall...

Excerpt: ...il 15, 2019. The date for Plaintiff's compliance with this Order is 10 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. Plaintiff is ORDERED to consult with her disclosed experts Robert Bresee, Thomas Irmiter, and Tamara Spokane, as is necessary, to obtain the information to respond to these interrogatories. If Plaintiff claims she cannot obtain the infor...

Excerpt: ...l.App.4th 1058, 1068.) Here, Plaintiff's motion must be DENIED. Initially, Plaintiff's motion suffers from fatal procedural defects. Plaintiff did not file or serve her motion at least 16 court days before the hearing, as required, and, in fact, only filed it on October 21, 2019, 13 court days before the hearing. (See CCP § 1005(b).) Plaintiff has not, to date, filed a proof of service. Nonetheless, Defendant Sutter Bay Hospitals dba Eden Medica...

Excerpt: ...etitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate 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." (CCP § 1281.2; see also CCP § 1281.7; cf. 9 USC §§ 1 et. seq.) Plaintiff filed her Complaint on July 22, 2019, alleging various causes of action in connection ...

Excerpt: ...e, involving, but not necessarily limited to, "a manual search of the Outlook accounts of Will Jones and Carl Curry;" the "electronic information from Karen Hafstad and Karen Moubara," which was anticipated to be received by October 28, 2019; and the "results of those searches," which were anticipated to be completed by November 4, 2019. To the extent the documents and information referenced by or resulting from the above have not already been co...

Excerpt: .... (1995) 37 Cal.App.4th 1217, 1227 ["Liberality in permitting amendment is the rule, if a fair opportunity to correct any defect has not been [previously] given."].) "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...

Excerpt: ...han within two weeks of the date of this Order, unless the parties stipulate otherwise. Plaintiff's mental state remains in controversy. Plaintiff has not sought leave to amend her complaint to change her allegations to that effect. Plaintiff has not stipulated to limit her evidence at trial. While Plaintiff has proposed a stipulation, the language of Plaintiff's proposal is inadequate to obviate a mental examination, because it does not limit Pl...

Excerpt: ... order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate 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." (CCP § 1281.2; see also CCP § 1281.7; 9 USC §§ 1 et. seq.) Plaintiff filed his Complaint on June 28, 2019, alleging various causes of action in con...

Excerpt: ...fuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate 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." (CCP § 1281.2; see also CCP § 1281.7; 9 USC §§ 1 et. seq.) Here, Plaintiff filed his Complaint ...

Excerpt: ...fety Code section 25249.6; (C) the reimbursement for fees and costs to be paid to Plaintiff's counsel pursuant to the CJ is reasonable under California law; (D) the civil penalty of $2,000.00 to be paid pursuant to the CJ is reasonable based on the criteria set forth in Health & Safety Code section 25249.7(b); and (E) and the allocation of any additional settlement payments to Plaintiff is in the public interest as set forth in Code of Regulation...

Excerpt: ...Plaintiffs' injuries caused by FastTrack Inc., because the single enterprise/alter ego doctrine dictates that the limited liability protections that usually insulate separate corporations from liability for the other corporation's debts do not apply under the circumstances of the case. Plaintiffs now move for summary adjudication, asking the Court to determine, as a matter of law, that DODG is liable for FastTrack Inc.'s debts under the single en...

Excerpt: ... section 391(b)(3) defines a "vexatious litigant" as a persion who "[i]n any litigation while acting in propria persona, repeatedly files unmeritorious motions, pleadings, or other papers . . . ." Here, Plaintiff Lisa Renee Henderson meets the criteria for a vexatious litigant set forth in both subsection (b)(1) and (b)(3) of Code of Civil Procedure section 391. Presently, within the last two years, Plaintiff has filed at least five actions in th...

Excerpt: ...inal Case"). Specially, in this civil action, Plaintiff alleges Defendant's prosecutorial conduct in the Criminal Case has violated Plaintiff's rights to discovery, a fair trial, due process, and a constitutional right to a speedy trial. Defendant now seeks to strike Plaintiff's Complaint as a strategic lawsuit against public participation ("SLAPP"). "A cause of action against a person arising from any act of that person in furtherance of the per...

Excerpt: ...adjudication set to be heard on October 30, 2019. In support of their motion, Plaintiffs have submitted a number of items designated as confidential under the protective order, including stock certificates, financial payments, and other sensitive corporate and business information. Defendants now move the Court, pursuant to California Rules of Court, Rule 2.551, for an order sealing Plaintiffs' motion for summary adjudication based on the confide...

Excerpt: ...t DODG Corporation ("DODG"), the landlord of Defendant FastTrack Airport Parking, Inc. ("FastTrack Inc."), is liable for Plaintiffs' injuries caused by FastTrack Inc., because the single enterprise/alter ego doctrine dictates that the limited liability protections that usually insulate separate corporations from liability for the other corporation's debts do not apply under the circumstances of the case. DODG now moves for summary judgment as to ...

Excerpt: ... "seek[] information protected by the work product doctrine." Although the parties resolved their disputes as to the other interrogatory responses, they did not resolve their disputes as to these, as to which the instant motion was timely served based on a written extension of time. Though there was an email requesting an informal discovery conference, Department 520 does not require such conferences. As to No. 12.5, the motion is GRANTED. Amtrak...

Excerpt: ...discovery be conducted notwithstanding this subdivision." The "good cause" required by the statute generally requires the plaintiff to show "that a defendant or witness possesses evidence needed by plaintiff to establish a prima facie case." (Lafayette Morehouse, Inc. v. Chronicle Publishing Co. (1995) 37 Cal.App.4th 855, 868.) "The showing should include some explanation of 'what additional facts [plaintiff] expects to uncover....'" (1-800 Conta...

Excerpt: ...ice and Amended Proof of Service filed on June 19, 2019.) Despite such timely service, Defendant has not filed any opposition. Further, the motion makes a sufficient showing that WFB is entitled to judgment against Defendant on the two causes of action in the complaint filed by WFB on December 13, 2018. The First Cause of Action (breach of contract) alleges that WFB and Defendant entered into a written contract attached as Exhibit 1 to the compla...

Excerpt: ...ns" was filed on April 23, 2018, attaching an "Amended Notice of Lis Pendens" recorded in the official records of Alameda County as instrument number 2018073458 on April 12, 2018. The amended notice refers to a prior instrument recorded on August 31, 2017, as instrument # 2017191876. The Lis Pendens and Amended Notice of Lis Pendens were recorded on behalf of Plaintiffs The Hutton Group, Inc. ("Hutton"), Endvest Holdings, LLC and Endvest, LLC ("E...

Excerpt: ...9, but that they were rejected for lack of reservation number, which Defendants unsuccessfully requested on May 17, 2019. The brief delay in filing as a result of this difficulty does not appear to have affected Plaintiff's ability to prepare opposition on the merits. The same is true as to the objection based on email service. Though Plaintiff asserts the parties did not have an agreement to accept such service, and that the papers were not serv...

Excerpt: ...aragraphs are irrelevant and prejudicial, citing Evidence Code sections 1155 and 352. Were it not for the lack of relevance discussed below, the court likely would not exercise its discretion to strike these paragraphs based solely on sections 1155 and 352. Those statutes pertain to admissibility of evidence at trial rather than imposing a limit on what may be pleaded in a complaint. Further, section 1155 precludes evidence of insurance only "to ...

Excerpt: ...f Action for failure to prevent disability discrimination. Because summary judgment may be granted only if the moving party is entitled to judgment as to all causes of action, the court addresses the motion for summary adjudication as to each cause of action in turn. A. First Cause of Action This cause of action alleges that Roadrunner "discriminated against Plaintiff by terminating his employment because of Plaintiff's disability status." (Compl...

Excerpt: ...notice of motion was not specific as to the grounds on which the motion pertaining to Mr. Cuturic was based, "the supporting memorandum addressed the allegations as to Mr. Cuturic...." Thus, the court understood this to mean Mr. Cuturic was moving separately for summary judgment on all causes of action as to him. Nevertheless, because Plaintiffs argued at the hearing that the lack of specificity caused them to focus on Dr. James's asserted liabil...

Excerpt: ...oherent and concise manner that allows the court or Plaintiff to identify the facts supporting each affirmative defense. Instead, they are in the nature of broad and general arguments about the claims. This does not comport with C.C.P. § 431.30(b), which states: "The answer to a complaint shall contain: (1) The general or specific denial of the material allegations of the complaint controverted by the defendant[; and] (2) A statement of any new ...

Excerpt: ...: "All discovery proceedings in the action shall be stayed upon the filing of a notice of motion made pursuant to this section.... The court, on noticed motion and for good cause shown, may order that specified discovery be conducted notwithstanding this subdivision." The "good cause" required by the statute generally requires the plaintiff to show "that a defendant or witness possesses evidence needed by plaintiff to establish a prima facie case...

Excerpt: ...ative defenses to the six causes of action in the complaint, including pleading "ultimate facts" (not just legal conclusions) supporting each affirmative defense and "refer[ring] to the causes of action which they are intended to answer, in a manner by which they may be intelligibly distinguished." (C.C.P. § 431.30(g); see also FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 384 [affirmative defenses should be "averred as carefully...

Excerpt: ...t his address of record, and Plaintiff has not submitted any opposition. Further, the demurrer sufficiently demonstrates that Plaintiff's complaint, filed on April 19, 2019, does not state facts sufficient to constitute a cause of action on any of the three theories asserted in the complaint for all the reasons discussed in the demurrer and supporting memorandum, which cites legal authority supporting Defendants' arguments. Without limitation of ...

Excerpt: ...oticed motion and for good cause shown, may order that specified discovery be conducted notwithstanding this subdivision." The "good cause" required by the statute generally requires the plaintiff to show "that a defendant or witness possesses evidence needed by plaintiff to establish a prima facie case." (Lafayette Morehouse, Inc. v. Chronicle Publishing Co. (1995) 37 Cal.App.4th 855, 868.) "The showing should include some explanation of 'what a...

Excerpt: ...ing to keep two distinct and different transactions apart. In addition, consolidation could lead to prejudice for the parties as the juries form opinions arising from one transaction which includes additional third parties and transpose those opinions onto the second transaction which includes other and distinct third parties. PLEASE NOTE: The above tentative ruling will automatically become the court's final order on June 13, 2019, unless, by no...

Excerpt: ...ranted only if the entire "action has no merit" - i.e. where "there is no triable issue as to any material fact and ... the moving party is entitled to judgment as a matter of law" as to the entire complaint. (C.C.P. § 437c(a) and (c).) "On a motion for summary judgment, if a single issue of fact is found, the trial court is powerless to proceed and must allow such issue to be tried." (Lynch v. Spilman (1967) 67 Cal.2d 251, 271.) Because summary...

Excerpt: ...5 Amador St., Hayward. Prior to the hearing, counsel shall telephonically confer to address, among other things, the court's following inclinations or observations about the disputes raised in the motion. (1) Plaintiff's opposition memorandum focuses largely on the asserted "tax return privilege" described in Webb v. Standard Oil Co. of Cal. (1957) 49 Cal.2d 509, 513- 514. This appears to be implicated as to RPDs Nos. 55 (which seeks the work pap...

Excerpt: ...n was not specific as to the grounds on which the motion pertaining to Mr. Cuturic was based, "the supporting memorandum addressed the allegations as to Mr. Cuturic...." Thus, the court understood this to mean Mr. Cuturic was moving separately for summary judgment on all causes of action as to him. Nevertheless, because Plaintiffs argued at the hearing that the lack of specificity caused them to focus on Dr. James's asserted liability not on that...

Excerpt: ...on (violation of Penal Code § 496) the demurrer is SUSTAINED, pursuant to C.C.P. § 430.10(e), WITH LEAVE TO AMEND to allege facts sufficient to constitute a cause of action for damages under Penal Code § 496, including facts to the effect that Cross-Defendants received property "that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained," or concealed, sold or ...

Excerpt: ...urrer sufficiently demonstrates that Plaintiff's complaint, filed on January 29, 2019, does not state facts sufficient to constitute a cause of action and is uncertain for all the grounds addressed in the demurrer and accompanying memorandum, which grounds are amply supported by the cited authority. (See Memo., pp. 1-15, and authority cited therein.) The court incorporates such arguments by reference herein instead of repeating them in their enti...

Excerpt: ...as purportedly attached as Exhibit A. Exhibit A, however, did not contain responses to WFB's Requests for Admissions, Set One, which are the subject of the instant motion. (See Decl. of Shiv Samtani, Exh. A.) Defendant also filed a separate document on April 3, 2019, captioned as "Defendant's Responses to Plaintiff's Special Interrogatories, Set One." As stated in the court's order of May 15, 2019, those responses were to WFB's interrogatories ra...

Excerpt: ...court construes it as a motion to set aside entry of default rather than default judgment. The motion seeks to set aside the entry of default on three grounds: (1) it was entered through "extrinsic mistake as is set forth in the attached declaration of Cathy Perez, claims adjuster of Mercury Insurance"; (2) it is void based on a "questionable proof of service"; and (3) it is void based on the failure by Plaintiff Otis Duckett ("Plaintiff") to "fi...