Excerpt: ...ee Bus. & Prof. Code, § 17200 et seq [prohibiting unlawful, unfair, and fraudulent methods of competition].) KPIC's motion presents essentially a single issue of law: whether it is subject to, or exempt from, the Knox-Keene Act. California has a divided regulatory system for healthcare coverage providers. Although providers generally compete against each other in one marketplace for health care coverage, providers themselves are classified eithe...

Excerpt: ...nd provide notice to all counsel of the intent to contest the tentative order. Any requested hearing will most likely be conducted using the Blue Jeans Network, password # 5102676935. If a hearing is requested, the hearing will most likely be conducted on Wednesday, October 6, 2021 at 3:00 p.m. If a hearing is requested, the Court will advise the parties of the manner in which the hearing will be conducted in advance of the hearing. If not timely...

Excerpt: ...-month-long Covid-19 emergency, the running of the five-year statute has been and will continue to be tolled due to impossibility and/or impracticability arising out of the Covid emergency until this Court is able to conduct jury trials in non-preferentially set cases. An argument can be made that Plaintiff has at times been dilatory in this now six- year long litigation. However, the Alameda Superior Court, since the Covid emergency was declared...

Excerpt: ...o the PAGA claims and settlement, as described below. The parties may file a revised Settlement Agreement addressing the Court's concerns no later than Monday, October 18, 2021. Note that Case No. RG 20-081357 and Case No. RG 20-082062 have been deemed related.) IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Friday, October 1, 2021 contesting party must email [email protected] and provide notice to al...

Excerpt: ...2021. Further, Plaintiff fails to properly explain why she reasonably needs to designate 13 additional treating physicians of Pembrook as expert witnesses. Attempting to designate so many additional new non-retained expert witnesses this close to the current 11/12/2021 is unreasonable in that defendant Di Mail Hong ("Defendant") cannot reasonably be expected to serve each of these 13 non-retained experts with deposition subpoenas and conduct thei...

Excerpt: ...THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, September 28, 2021, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. ANY REQUESTED HEARING will most likely be conducted using the Blue Jeans Network, password # 5102676935. If a hearing is requested, the Court will advise the parties of the manner in which the hearing will be conducted in advance o...

Excerpt: ... no valid contract between them, the Court finds that the declarations Plaintiffs seek that the underlying contracts are null and void is not necessary or proper at this time under all the circumstances. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, September 21, 2021, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative ord...

Excerpt: ...ENTATIVE RULING, NO LATER than 4:00 p.m. on Tuesday, September 21, 2021, contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any requested hearing will most likely be conducted using the Blue Jeans Network, password # 5102676935. If a hearing is requested, the Court will advise the parties of the manner in which the hearing will be conducted in advance of the he...

Excerpt: ...ction with the post-judgment settlement agreement between City and Brown, plaintiff in the underlying action; and the case law authorities do not contain a bright-line standard. However, the Court finds that the SAC's new allegations regarding monies Plaintiff allegedly had to pay as a result of the post-judgment settlement between Defendant and Elaine Brown ("Brown"), plaintiff in the underlying case, are sufficiently related to the alleged fail...

Excerpt: ...the Court stay further proceedings in this action in deference to litigation pending between the parties in the United States District Court. Humana opposes both the demurrer and the alternative motion to stay. LEGAL STANDARDS - DEMURRER The standard for construing a complaint on demurrer is long-settled: "We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citati...

Excerpt: ...M on Tuesday, September 21, 2021, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any requested hearing will most likely be conducted using the Blue Jeans Network, password # 5102676935. If a hearing is requested, the Court will advise the parties of the manner in which the hearing will be conducted in advance of the hearing. If not timely contested, and...

Excerpt: ...s submits evidence that the Settlement Agreement and the Class Notice have been revised as requested by the Court IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Tuesday, September 21, 2021 contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any requested hearing will most likely be conducted using the Blue Jeans Network, passwor...

Excerpt: ...basis for termination of Plaintiffs was pretextual so as to defeat summary judgment. The MSJ as to the Causes of Action alleged by Gonzalez is GRANTED. The Complaint's remaining causes of action alleged by Gonzalez (see below) solely allege that Gonzalez was discriminated and retaliated against by Defendants based on her association to Dodi, i.e., Gonzalez "belongs to the protected [race and/or national origin] class on grounds of association" to...

Excerpt: ...(1992) 6 Cal.App.4th 571, 575.) IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, September 21, 2021, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any requested hearing will most likely be conducted using the Blue Jeans Network, password # 5102676935. If a hearing is requested, the Court will advise the parties of...

Excerpt: ...App.4th 1023. Further, the Court finds that under Kaiser Foundation Hospitals v. Sup.Ct. (1998) 66 Cal.App.4th 1217, Defendant has not waived attorney-client privilege as to these emails, at least so long as attorney Sperry has already produced his investigative report and the materials he relied upon in preparing his investigative report, including his notes. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Friday, ...

Excerpt: ... PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Friday, September 10, 2021, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any requested hearing will most likely be conducted using the Blue Jeans Network, password # 5102676935. If a hearing is requested, the hearing will be conducted on Wednesday, September 15, 2021 at 3:00 p.m....

Excerpt: ...provide notice to all counsel of the intent to contest the tentative order. Any requested hearing will most likely be conducted using the Blue Jeans Network, password # 5102676935 on September 15, 2021 at 3 p.m.. If a hearing is requested, the Court will advise the parties of the manner in which the hearing will be conducted in advance of the hearing. If not timely contested, and the tentative ruling will become the final order of the Court. LEGA...

Excerpt: ... to Plaintiff Schaeffer Ranch Homeowners' Association ("Plaintiff") within thirty (30) days of the date on which Plaintiff serves Defendants with and files with the Court a Notice of Entry of the Final Order on this Motion. This tentative order may be contested at the resumption of the trial on Tuesday September 14, 2021 at 9 a.m. If not timely contested, and the tentative ruling will become the final order of the Court. ANALYSIS OF MOTION Defend...

Excerpt: ...ade under penalty of perjury and comply with CCP § 2015.5. Plaintiff's 7/19/2019 Complaint in this action alleges that defendant Heng Cheung entered into an automobile insurance contract with Plaintiff prior to 11/3/2016, of which insurance contract Defendant Ping Ping Cheung was a beneficiary or a covered insured. (Complaint ¶ 9.) The Complaint alleges that on 11/3/2016, a vehicle accident occurred pursuant to which both Heng Cheung and Ping P...

Excerpt: ...October 4, 2021. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Friday, September 10, 2021, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any requested hearing will most likely be conducted using the Blue Jeans Network, password # 5102676935. If a hearing is requested, the Court will advise the parties of the manner in w...

Excerpt: ...Plaintiff did not seek or obtain leave of Court to file the 4/19/2021 Amendment although the time for Plaintiff to amend his pleadings of as a matter of right without leave of Court expired no later than 11/30/2016, when Plaintiff filed his First Amended Complaint in this action. However, the Court's ruling immediately above is WITHOUT PREJUDICE TO Plaintiff's right to bring a noticed motion for leave to file an amended pleading, as the Court pre...

Excerpt: ...zed facts stating viable negligence theories against Defendant pursuant to, at a minimum, Government Code §§ 815.2 and 820, Civil Code § 2100 and Vehicle Code § 17001. (See e.g., Acosta v. Southern Calif. Rapid Transit Dist. (1970) 2 Cal.3d 19, 27.) If Defendant is truly in doubt regarding the statutory basis for Plaintiff's claims herein, Defendant may serve written discovery requests regarding this question. Defendant may file and serve an ...

Excerpt: ...IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Friday, August 13, 2021, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any requested hearing will most likely be conducted using the Blue Jeans Network, password # 5102676935. If a hearing is requested, the Court will advise the parties of the manner in which the hearing wil...

Excerpt: ... and rest periods that Safeway knew or reasonably should have known about. The Court also finds that the TAC is adequately pleaded with respect to its class action claims. Safeway shall file and serve an Answer to the TAC no later than Friday, September 3, 2021. This Order is WITHOUT PREJUDICE to Safeway's right to bring a properly noticed Motion for Judgment on the Pleadings with respect to any of the TAC's individual causes of action, should Sa...

Excerpt: ... will be enforceable unless the degree of substantive unconscionability is high." (Serpa v. California Surety Investigations, Inc. (2013) 215 Cal.App.4th 695, 704.) Although the at-issue arbitration agreements contain terms that have some degree of substantive unconscionability, the degree of substantive unconscionability is not high enough to overcome the "strong public policy in favor of arbitration." Further, purportedly objectionable terms ca...