Excerpt: ...hearing date for the motion. The motion is therefore timely and the court will consider it on its merits. The court grants the request for a site inspection of 1910-12 East 20th Street, Oakland, California. However, the inspection shall be limited to a non-intrusive walk through of the property with a real estate professional. Plaintiff or Plaintiffs agents may not inspect the personal items at the property, especially any personal property conta...

Excerpt: ...§ 430.10, subd. (e); Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kirwan (1985)...

Excerpt: ...se of action upon which relief may be based. (Code Civ. Proc., § 430.10, subd. (e); Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City H...

Excerpt: ... of action upon which relief may be based. (Code Civ. Proc., § 430.10, subd. (e); Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City Hos...

Excerpt: ...(Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) In order to state a prima facie claim for punitive damages, a complaint must set forth the elements as stated in the general punitive damages statute, Civil Code section 3294. (College Hospital, Inc. v. Superior Court (1994) 8 Cal.4th 704, 721.) These statutory elements include allegations that the defendant has been guilty of oppression, fraud or malice. (Civ.Code, § 3294, subd. (a)....

Excerpt: ...sed. (Code Civ. Proc., § 430.10, subd. (e); Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, reading it as a whole and its parts in their context and treats the demurrer as admitting all material facts properly pleaded. [Citati...

Excerpt: ...n March 28, 2019. Regarding the documents related to Dr. Polfiet's examination of Plaintiff on March 28, 2019, the court finds that Plaintiff is entitled to Item No.1, requesting all documents related to Plaintiff's examination, Item No. 2, requesting all reports prepared regarding Plaintiff and Item No. 3 regarding all of the raw scores, T scores, and scales pertaining to Plaintiff's examination. Such documents are exempt from the attorney work ...

Excerpt: ...t and since ALG has not appeared in the action, the Court is concerned about its authority to compel ALG to comply with the terms of the settlement, as it does not appear to have jurisdiction over ALG. Additionally, although defendant Sylvermax, Inc. has appeared in the action, it has not paid its first appearance fees, which are due when a defendant files its notice of appearance. Defendant Sylvermax, Inc. is ordered to submit its first appearan...

Excerpt: ...te 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." (Code Civ. Proc. § 1281.2.) Plaintiff does not dispute that she signed the Tesla offer letter electronically on December 20, 2016. The offer letter included a clause on pages two and three requiring Plaintiff and Defendant Tesla, Inc. to submit any and all disputes...

Excerpt: ...ion under Code of Civil Procedure section 436 to strike portions of the complaint. In order to state a prima facie claim for punitive damages, a complaint must set forth the elements as stated in the general punitive damages statute, Civil Code section 3294. (College Hospital, Inc. v. Superior Court (1994) 8 Cal.4th 704, 721.) These statutory elements include allegations that the defendant has been guilty of oppression, fraud or malice. (Civ.Code...

Excerpt: ...rt (1998) 67 Cal.App.4th 1253, 1255.) In order to state a prima facie claim for punitive damages, a complaint must set forth the elements as stated in the general punitive damages statute, Civil Code section 3294. (College Hospital, Inc. v. Superior Court (1994) 8 Cal.4th 704, 721.) These statutory elements include allegations that the defendant has been guilty of oppression, fraud or malice. (Civ.Code, § 3294, subd. (a).) "Malice" is defined as...

Excerpt: ...v. Proc., § 430.10, subd. (e); Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kir...

Excerpt: ...f the complaint, i.e., whether it states facts sufficient to constitute a cause of action upon which relief may be based. (Code Civ. Proc., § 430.10, subd. (e); Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the de...

Excerpt: ...ty Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The court may consider all m...

Excerpt: ...g must quote in full the portions sought to be stricken except where the motion is to strike an entire paragraph, cause of action, count, or defense." Here Defendants notice requests that the court strike "all references to emotional distress damages, and the preference to prevailing party attorney's fees incurred in the present action." (Defendant's Notice of Motion and Motion to Strike Plaintiff's First Amended Complaint at Page 1:24-26.) PLEAS...

Excerpt: ...) and 1985.6(f), Plaintiff was required to serve the motion 5 days prior to the date of production. However, this obligation is not jurisdictional and the court finds that Plaintiff objected to the production by way of the letter sent on May 22, 2019, objecting to the subpoenas and attempting to meet and confer, which was five day prior to the production deadline, which was set in error on Memorial Day, May 27, 2019. (Declaration of Eric G. Young...

Excerpt: ... first action will normally be an ample remedy, and the second is therefore unnecessary and vexatious." (5 Witkin, Cal. Proc. 5th Plead § 1138 (5th ed. 2008).) If the plea is successful, the resulting interlocutory judgment prohibits proceedings in the second action until a final determination of the first. (Id. at § 1149, citing CCP § 597; Lord v. Garland (1946) 27 Cal. 2d 840, 851; Burnand v. Irigoyen (1943) 56 Cal. App. 2d 624, 630; Western...

Excerpt: ... subd. (c).) "A party may move for summary adjudication as 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 that party contends that the cause of action has no merit or that there is no affirmative defense thereto, or that there is no merit to an affirmative defense as to any cause of action, or both . . . . A motion for summary adjudication shall...

Excerpt: ...intiff is objecting to the amended responses served by Defendant after the court granted in part Plaintiff's two motions to compel. The court had previously required that the parties meet and confer before considering the motion and requested that the parties provide the court with an update on the status of the meet and confer attempts. After having reviewed both parties' status reports, it appears that Defendant Nationstar Mortgage served furth...

Excerpt: ...t 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 Civ. Proc. § 437c, subd. (c).) A defendant moving for summary judgment must show either that one or more elements of plaintiff's cause of action cannot be established or that there is a complete defense to that cause of action. (Code Civ. Proc. § 437c, subd. (p)(2).) Once defendant makes this showing, the burden shif...

Excerpt: ...ng papers refer to arm's length negotiations in determining the amount of the civil penalty and references information such as sales records to support argument that the assessed penalties are reasonable. (Declaration of Even J. Smith at ¶13.) However, the sales information has not been provided to the Court for review in connection with this motion. Therefore, the court does not have a basis for determining whether the civil penalty is reasonab...

Excerpt: ...INATING SANCTIONS AND MOTION TO COMPEL A terminating sanction is generally a "last resort" where other lesser sanctions would not be effective to address the discovery misuse. (See, e.g., Weil & Brown et al., Cal. Prac. Guide: Civ. Proc. Before Trial (TRG 2011 ed.) ¶¶ 8:1211-8:1215.1, and cases cited therein.) "If a lesser sanction fails to curb abuse, a greater sanction is warranted: continuing misuses of the discovery process warrant incremen...

Excerpt: ...al entered on August 24, 2018. The Court SETS ASIDE the order granting Defendant's Motion for Summary Judgement dated July 13, 2018. The court also SETS ASIDE the court's four orders dated February 14, 2018 granting in part Defendant's two motions for sanctions and award of monetary sanctions, granting Defendant's motion to compel and award of monetary sanctions, and granting Defendant's Motion for Admissions Deemed Admitted and award of monetary...

Excerpt: ...v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The court ma...

Excerpt: ...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." (Code Civ. Proc. § 1281.2.) An agreement to arbitrate is unenforceable if both the procedural and substa...

Excerpt: ...nt with the 2008 MOU. Specifically, the City asserted that the System was overcompensating retirees by (1) improperly including holiday premium pay in the calculation of retiree benefits, (2) improperly including shift pay differential in the calculation of retiree benefits, and (3) improperly including too many holidays in the calculation of retiree benefits. On 8/29/11, the ROPOA filed a complaint in intervention, asserting that it represented ...

Excerpt: ...ragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) T...

Excerpt: ...hat Plaintiff lacks standing to bring the claims. In reviewing the complaint and the matters of which the court may take judicial notice, the court finds that Plaintiff has not adequately demonstrated her standing as either a borrower or owner who can assert the applicable causes of action. Based on the review of the recorded documents of which the court takes judicial notice, Ms. Valdez has not established that she is the owner of the property a...

Excerpt: ...n 301 of the Labor Management Relations Act because it is unclear which facts form the basis for Plaintiff's causes of action against First Transit and based on the allegations in the Second Amended Complaint, it appears that the causes of action may be based on interpretation of the collective bargaining agreement, which is within the purview of the Labor Management Relations Act. "Claims for wrongful discharge generally are preempted where ther...

Excerpt: ...omplaint, i.e., whether it states facts sufficient to constitute a cause of action upon which relief may be based. (Code Civ. Proc., § 430.10, subd. (e); Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer ...

Excerpt: ...ng party is entitled to a judgment as a matter of law. (Code Civ. Proc. § 437c, subd. (c).) A defendant moving for summary judgment must show either that one or more elements of plaintiff's cause of action cannot be established or that there is a complete defense to that cause of action. (Code Civ. Proc. § 437c, subd. (p)(2).) Once defendant makes this showing, the burden shifts to plaintiff to show the existence of a triable issue of fact rega...

Excerpt: ...ms against defendant arise "from any act of that person in furtherance of the person's right of petition or free speech ... in connection with a public issue." (C.C.P. § 425.16(b)(1).) Such protected acts are further defined in section 425.16(e). "At the first step, the moving defendant bears the burden of identifying all allegations of protected activity, and the claims for relief supported by them. When relief is sought based on allegations of...

Excerpt: ... (1991) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The court may consider all material facts pleaded ...

Excerpt: ...e challenged claims against defendant arise "from any act of that person in furtherance of the person's right of petition or free speech ... in connection with a public issue." (C.C.P. § 425.16(b)(1).) Such protected acts are further defined in section 425.16(e). "At the first step, the moving defendant bears the burden of identifying all allegations of protected activity, and the claims for relief supported by them. When relief is sought based ...

Excerpt: ...as the burden to demonstrate that the challenged claims against defendant arise "from any act of that person in furtherance of the person's right of petition or free speech ... in connection with a public issue." (C.C.P. § 425.16(b)(1).) Such protected acts are further defined in section 425.16(e). "If the defendant makes the required showing, the burden shifts to the plaintiff to demonstrate the merit of the claim by establishing a probability ...

Excerpt: ...§ 437c(b)(1), which requires a "separate statement setting forth plainly and concisely all material facts which the moving party contends are undisputed. Each of the material facts stated shall be followed by a reference to the supporting evidence." The failure to comply with this requirement "may in the court's discretion constitute a sufficient ground for denial of the motion." (C.C.P. § 437c(b)(1); see also United Cmty. Church v. Garcin (199...

Excerpt: ...uest for the Production of Documents, Set One, numbers 3 on the grounds that the request is overly broad, seeks information protected by attorney work-product privilege, the attorney-client privilege, violates the rights of privacy of the Plaintiff's insured. Mid-Century argues that it does not know what is meant by the term "claims file" and that it would be overly burdensome to produce a privilege log detailing all of the privileged material co...

Excerpt: ...nstrated that the parties executed a written "Release Agreement," signed by Plaintiff on May 2, 2018 and signed by Defendant on May 9, 2018 for the settlement of this case. (See the Declaration of Laszlo Ladi ("Ladi Decl."), at ¶ 3, "Release Agreement.") Pursuant to the terms of the agreement, Ms. Finley was to provide Defendant with an executed Request for Dismissal in exchange for Defendant providing Plaintiff 120 days to sell her home. (Ladi ...

Excerpt: ...f Wages: Reply Tentative Ruling" to be Plaintiff's amended pleading. The court finds that the pleading is uncertain as drafted and fails to states facts sufficient to constitute a cause of action upon which relief may be based. (Code Civ. Proc., § 430.10, subd. (e) and (f); Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238. ) The court had previously sustained Defendant's demurrer to the Complaint and amended comp...

Excerpt: ...ison (1998) 18 Cal.4th 739, 758 ["The case management tools available to trial courts [includes] the inherent authority to stay an action when appropriate"]; Bailey v. Fosca Oil Co., (1963) 216 Cal.App.2d 813, 817 ["the power of a court to stay proceedings ... was inherent at common law and is now vested in the superior courts of this state"].) The relevant criteria for the Court to consider vary with the reason for the stay and the scope of the ...

Excerpt: ...at 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." (Code Civ. Proc. § 1281.2.) EXECUTED OF ARBITRATION AGREEMENT Plaintiffs argue that the Arbitration Agreement ("Agreement") was not signed by both parties and is therefore not a valid agreement, especially because the phrase in the Agreeme...

Excerpt: ... The motion is CONTINUED for the parties to meet and confer in person or telephonically in a good faith effort to resolve the discovery dispute on an item-by- item basis. First, although the motion is entitled a "motion for sanctions" it appears that Plaintiff is objecting to the amended responses served by Defendant after the court granted in part Plaintiff's two motions to compel. If Plaintiff believes the responses are insufficient or in viola...

Excerpt: ...ion in this case and that they would be prejudiced by having to litigate this case before the appeal is decided. Plaintiff Chow offers evidence that he is ill and that delay may result in the loss of evidence. The Court has discretion to stay a case in its entirety in the interest of justice. (CCP § 187; Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison (1998) 18 Cal.4th 739, 758 ["The case management tools available to trial courts [inc...

Excerpt: ...f Wages: Reply Tentative Ruling" to be Plaintiff's amended pleading. The court finds that the pleading is uncertain as drafted and fails to states facts sufficient to constitute a cause of action upon which relief may be based. (Code Civ. Proc., § 430.10, subd. (e) and (f); Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238. ) The court had previously sustained Defendant's demurrer to the Complaint and amended comp...

Excerpt: ... alleged in the Complaint. The court finds that the claims arise out of the same occurrence. Further, although there has been a delay, Defendants have adequately provided the reasons for not initially filing the compulsory cross-complaint and the delay due to a variety of factors. The court is required to grant leave "as long as defendant is acting in good faith." (C.C.P. § 426.50) "A policy of liberal construction of section 426.50 to avoid for...

Excerpt: ...iding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest." (CRC 2.550(d).) The motion must be supported by a "declaration containing facts suf...

Excerpt: ...nt" as referenced in the objections to Form Interrogatories. In reviewing the responses to the Request for Admission, there does not appear to be any request in dispute and Plaintiff does not identify any specific deficiencies with the responses. Defendant is to provide further responses to the Request for Production of Documents, Set One, and Form Interrogatories, Set One and produce documents for inspection by June 21, 2019. Due to new counsel ...

Excerpt: ...man, Patricia A. Morris, Bayside Realty Group, which was granted in part prior to the consolidation of the two cases. Plaintiff Stegman brings the motion on the grounds that he is now a party to the case and argues that this presents new facts and circumstances that would merit reconsideration. Plaintiff is required to present evidence that reconsideration should be granted due to the existence of new or different facts, circumstances or law. See...

Excerpt: ...ix of the potential merit and interim harm factors; the greater the plaintiff's showing on one, the less must be shown on the other to support an injunction. (Butt v. State of California (1992) 4 Cal.4th 668, 677-78.) The primary purpose of a preliminary injunction is to preserve the status quo pending a trial on the merits. (O'Connell v. Superior Court (2006) 141 Cal. App. 4th 1452, 1472; Cox Cable of San Diego v. Bookspan (1987) 195 Cal App.3d ...

Excerpt: ...es, Inc. (1991) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The court may consider all material facts ...