Excerpt: ...).) "[S]ection 36 was enacted for the purpose of assuring that an aged or terminally ill plaintiff would be able to participate in the trial of his or her case and be able to realize redress upon the claim asserted." (Looney v. Superior Court (1993) 16 Cal. App. 4th 521, 532.) "Such a preference is not only necessary to assure a party's peace of mind that he or she will live to see a particular dispute brought to resolution but it can also have s...

Excerpt: ...ng." (CCP § 437c(a)(1).) "[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law." (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850.) "That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon." (Id.) Further, "the party moving for summary judgm...

Excerpt: ... or that there is no defense to the action or proceeding." (CCP § 437c(a)(1).) "[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law." (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850.) "That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereo...

Excerpt: ... 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 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 de...

Excerpt: ... The settlement agreement states there will be attorneys' fees of up to $115,000 (33%), costs of up to $17,000, a service award of $15,000 for each of four class representatives, and settlement administration costs of $6,500.and a net PAGA payment of $2,015. After these expenses of $198,500, the class would get $141,500. The average payout per class members would be $4,744. The settlement agreement also includes AC Transit policy changes. (Settle...

Excerpt: ...st Amended Complaint is hereby DISMISSED. STANDARD OF LAW "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.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be ...

Excerpt: ...oinder of Defendant J-M Manufacturing's Motion to Transfer Venue is also DENIED. LAW RE: VENUE TRANSFER MOTIONS In bringing a motion to transfer venue, "[t]he moving party must overcome the presumption that the plaintiff has selected the proper venue." (Fontaine v. Superior Court (2009) 175 Cal.App.4th 830, 836.) It is a defendant's "burden to demonstrate that the plaintiff's venue selection is not proper under any of the statutory grounds." (Id....

Excerpt: ... being treated in Texas. On 9/11/20, the court granted CCP 36 trial preference. On 10/28/20, J&J moved to stay or dismiss based on forum non conveniens. There is no time limit for filing a motion to stay based on inconvenient forum. The motion was timely. There is no prejudice to Plaintiffs in the delay because the case can be re-filed in Texas and all Defendants have agreed not to assert the statute of limitations as a defense in Texas. The moti...

Excerpt: ... "[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law." (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850.) "That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon." (Id.) Further, "the party moving for summary judgment bears an initial burd...

Excerpt: ...oinder of Defendant J-M Manufacturing's Motion to Transfer Venue is also DENIED. If any party wishes to contest the tentative ruling, no later than 4:00 PM on Thursday, 11/19/2020 hearing contesting party must email [email protected] and provide notice to all counsel via File&ServeXpress of the intent to contest the tentative order. If a party timely requests a hearing, THE HEARING WILL BE CONDUCTED ON TUESDAY, DECEMBER 1, 2020 at 3:0...

Excerpt: ...case. On 7/10/20 Plaintiff disclosed in interrogatory responses that she lived in Texas and that she was being treated in Texas. On 8/14/20, Plaintiff testified in deposition that she lived in Texas and was being treated in Texas. On 9/11/20, the court granted CCP 36 trial preference. On 10/28/20, J&J moved to stay or dismiss based on forum non conveniens. There is no time limit for filing a motion to stay based on inconvenient forum. The motion ...

Excerpt: ...ED in its entirety. If any party wishes to contest the tentative ruling, no later than 4:00 PM ONE on Thursday, November 19, 2020, contesting party must email [email protected] and provide notice to all counsel via File&ServeXpress of the intent to contest the tentative order. If a hearing is requested, THE HEARING WILL BE CONDUCTED ON TUESDAY, DECEMBER 1, 2020 at 3:00 p.m. via COURTCALL. If not timely contested, and the tentative rul...

Excerpt: ...ntation Causes of Action AND DENIED IN PART as to the remaining fraud and punitive damages claims. STANDARD OF LAW "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 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 mer...

Excerpt: ...ant's "new" evidence, even assuming that Defendant could not have obtained it earlier, is insufficient to create triable issues of material fact regarding any of Defendant's Sixth, Seventh, Ninth and Twentieth Affirmative Defendants. LEGAL STANDARDS "When an application for an order has been made to a judge, or to a court, and . . . granted . . . any party affected by the order may, within 10 days after service upon the party of written notice of...

Excerpt: ...tions to Mr. West. The MSA with respect to Plaintiffs' Fourth Cause of Action for Fraudulent Non- Disclosure and claim for punitive damages is GRANTED. Plaintiffs' written discovery responses are "factually devoid," and in Opposition to the MSA Plaintiffs present insufficient affirmative evidence to create triable issues of material fact regarding both Plaintiffs' Fourth Causes of Action and their punitive damages claim. The Court tentatively DEN...

Excerpt: ...on, 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 not owe a duty to the plaintiff or plaintiffs."...

Excerpt: ...n an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding." (CCP § 437c(a)(1).) "[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law." (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850.) "That is because of the general principle that a party who ...

Excerpt: ...ontest the tentative order. If a hearing is requested, the hearing will be conducted via COURTCALL. If not timely contested, and the tentative ruling will become the final order of the Court. LEGAL STANDARDS FOR MOTIONS FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION "A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding." (CCP § 437c...

Excerpt: ...contesting party must email [email protected] and provide notice to all counsel via File&ServeXpress of the intent to contest the tentative order. If a hearing is requested, the hearing will be conducted via COURTCALL. If not timely contested, and the tentative ruling will become the final order of the Court. LEGAL STANDARDS FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION MOTIONS "A party may move for summary judgment in an action or pr...

Excerpt: ...ant's Motion for Summary Adjudication. On the afternoon of Friday, 10/23/2020, Defendant submitted a portion of the deposition transcript of percipient witness Dennis Russell ("Dennis") in which Dennis' counsel stipulated on the record that Dennis would not be providing product identification testimony regarding Defendant's asbestos- containing products. (See Further Suppl. Yim Dec. Exh. B.) In consideration of this additional evidence, the Court...

Excerpt: ...rit or that there is no defense to the action or proceeding." (CCP § 437c(a)(1).) "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 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 ...

Excerpt: ...ay petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole[;] [and] (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "In its discretion, the court may grant a motion for preference that is accompanied by clear and convincing m...

Excerpt: ...rit or that there is no defense to the action or proceeding." (CCP § 437c(a)(1).) "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 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 ...

Excerpt: ...an 4:00 PM on Thursday, October 22, 2020, contesting party must email [email protected] and provide notice to all counsel via File&ServeXpress of the intent to contest the tentative order. IF CONTESTED, THE HEARING WILL BE CONDUCTED ON TUESDAY, OCTOBER 27, 2020 at 3:00 p.m. in Dept. 18 via COURTCALL. If not timely contested, and the tentative ruling will become the final order of the Court. LEGAL STANDARDS FOR MOTIONS FOR SUMMARY JUDGM...

Excerpt: ...l. 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.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.) "As a general rule in testing a pleading against a demurrer the facts alleged in the p...