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: ...e of the hearing. If not timely contested, and the tentative ruling will become the final order of the Court. The Court provides the following analysis to direct discussions at the hearing. The Court is inclined to deny the motion. The issue regarding which Quikserve seeks a judicial declaration - that the 10-Day Notice to Pay Rent or Quit (the "Notice") served on Quikserve on 6/18/2021 by plaintiff Hart Pacific Commons Block 5 Owner, LLC ("Landl...

Excerpt: ...ubject to the arbitration agreement. Further, Plaintiff has not met her "heavy burden" of proof to show that Alere has waived its right to compel arbitration by its prior actions in this lawsuit. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Friday, August 6, 2021, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any reque...

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...

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...

Excerpt: ...ubject to the arbitration agreement. Further, Plaintiff has not met her "heavy burden" of proof to show that Alere has waived its right to compel arbitration by its prior actions in this lawsuit. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Friday, August 6, 2021, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any reque...

Excerpt: ...e of the hearing. If not timely contested, and the tentative ruling will become the final order of the Court. The Court provides the following analysis to direct discussions at the hearing. The Court is inclined to deny the motion. The issue regarding which Quikserve seeks a judicial declaration - that the 10-Day Notice to Pay Rent or Quit (the "Notice") served on Quikserve on 6/18/2021 by plaintiff Hart Pacific Commons Block 5 Owner, LLC ("Landl...

Excerpt: ...dent in which plaintiff David Jackson ("Plaintiff") alleges a electrically-operated shade fell off a wall-mounting and injured him. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, August 3, 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...

Excerpt: ...ial date in this action. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, August 3, 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...

Excerpt: ...;" and (2) "the information to be gained from the deposition is not available through any other source." (Contractor's State Licence Board v. Sup. Ct. (2018) 23 Cal.App.5th 125, 132 ("CSLB"); see also Board of Dental Examiners v. Sup.Ct. (1976) 55 Cal.App.3d 811; People ex rel. Lacey v. Robles (2020) 44 Cal.App.5th 804, 826-827.) Plaintiff has failed to submit sufficient competent evidence to meet his burden. The Court ORDERS Plaintiff to pay Def...

Excerpt: ...whether Defendant's alleged violations of the Song-Beverly Consumer Warranty Act, Civ. Code § 1790 et seq., (the "Lemon Law") were "willful." ANALYSIS OF MOTION The Court GRANTS the MTC with respect to RFPD No. 7 but limits the request for "Warranty Policy and Procedure Manuals" to the time period from 1/1/2018 to 6/25/2020, the last date on which Plaintiff sought warranty repair work. (See Moving Gi Dec. ¶ 19.) The Court GRANTS the MTC with re...

Excerpt: ...aims are stayed pending resolution of his individual wage and hour claims. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, July 20, 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...

Excerpt: ...ions under 21 CFR § 898.12 and whether Defendants subjected Plaintiff to an adverse employment action because he raised these concerns. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, July 27, 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 J...

Excerpt: ...Rey (2014) 223 Cal.App.4th 221, 236.) Defendants shall file and serve an Answer to the Complaint no later than Friday, August 6, 2021. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Friday, July 16, 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 Jean...

Excerpt: ...ng 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 the tentative ruling will become the final or...

Excerpt: ...s v. Sup.Ct. (1998) 66 Cal.App.4th 1217. Based on the record before the Court, the present facts appear most similar to those of Wellpoint Health Networks. Nevertheless, the Court is reticent to order the production of documents that may, in fact, be protected from disclosure by attorney-client privilege. VDM's privilege log fails to contain sufficient factual information to allow Plaintiff to evaluate the merits of VDM's claims of attorney-clien...

Excerpt: ...hem. (See Rutherford Holdings LLC v. Plaza Del Rey (2014) 223 Cal.App.4th 221, 236.) Defendants shall file and serve an Answer to the Complaint no later than Friday, August 6, 2021. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, July 20, 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 w...

Excerpt: ...utter Guide: Civil Procedure Before Trial at § 9:38, citing CCP § 1010; CRC Rule 3.1110(a) and People v. American Sur. Ins. Co. (1999) 75 Cal.App.4th 719, 726.) Defendant's Notice of Motion fails this basic prerequisite of Motion Practice. The Notice states that pursuant to CCP § 128, Defendant is seeking an order "limiting the class scope within Plantiff's First Amended Complaint." The Notice nowhere states how exactly the class scope should ...

Excerpt: ... than 4:00 PM on Friday, July 16, 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 on Monday July 19, 2021 at 3 p.m. using the Blue Jeans Network, password # 5102676935. If a hearing is requested, the Court provide appropriate invitaitons. If not timely contested, and the tentative ruling will beco...

Excerpt: ...Rey (2014) 223 Cal.App.4th 221, 236.) Defendants shall file and serve an Answer to the Complaint no later than Friday, August 6, 2021. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Friday, July 16, 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 Jean...

Excerpt: ...nters. The Court further ORDERS to the parties to communicate with the Clerk of Dept. 19 as part of the meet and confer process to find dates on which the Judge deposition may be conducted in Dept. 19's jury room so that the Court may rule on objections. The Court advises the parties to agree upon multiple dates in order to ensure the availability of Dept. 19's jury room on one of them. Dept. 19's jury room is typically available at and after 2:0...

Excerpt: ... Complaint's Declaratory Relief Cause of Action. After hearing on 2/24/2021, the Court entered an Order on 4/19/2021 granting Defendant's MSA as to the other Causes of Action but requesting further briefing on the Declaratory Relief Cause of Action. (See 4/19/2021 Order at 28:9-33:3.) The Court incorporates by reference the 4/19/2021 Order, which contains a detailed statement of stipulated facts and related rulings regarding the Complaint's other...

Excerpt: ... Further, Plaintiffs 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, July 13, 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 Ne...

Excerpt: ...dward-Clyde & Associates (1985) 38 Cal.3d 488, 499-500. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, July 7, 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 adv...

Excerpt: ... an Opposition to the Motion for Awards solely as to the $35,000 Class Representative Award. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Tuesday, July 6, 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 hearin...

Excerpt: ...tice 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 the tentative ruling will become the final order of the Court. Plaintiff alleges in his Complaint he is a sea...

Excerpt: ...PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, June 22, 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 BE CONDUCTED ON WEDNESDAY, March 3, 2021 at 3:00 p.m. in Dept. 19 and will most likely be conducted using the Blue Jeans Network, password # 5102676935. If a hearing is requested, the C...

Excerpt: ...da.courts.ca.gov 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 the tentative ruling will become the final order of the Court. LAW RE: MOTIONS...

Excerpt: ...ce of business, or usual mailing address" within the meaning of CCP § 415.20(b) at the time substitute service was effected. Plaintiff may file a supplemental declaration or other evidence no later than Tuesday, July 6, 2021 and provide Dept. 19 with a courtesy copy by email on the date of filing. As alleged in the Complaint, Defendants purchased a used 2017 Ram Ram 1500 (the "Vehicle") from Plaintiff's assignor, The Hertz Corporation ("Assignor...

Excerpt: ...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 the tentative ruling will become the final order...

Excerpt: ...ing reviewed the parties' respective papers, the Court is not impressed with the parties' respective meet and confer efforts to date regarding the at-issue matters. At an Informal Discovery Conference on this matter, the Court advised the parties that it would be inclined to order the parties to engage in a Belaire-West Notice process before compelling Defendant to turn over contact information for unrepresented Class members. (See Belaire-West L...

Excerpt: ...ditional information and proof of revisions to the Settlement Agreement and Class Notice identified below shall be filed with the Court no later than Wednesday, July 7, 2021, with courtesy copies provided by email to Dept. 19 on the date of filing. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Tuesday, June 22, 2021 contesting party must email [email protected] and provide notice to all counsel of th...

Excerpt: ...ATER than 4:00 PM on Tuesday, June 15, 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 con...

Excerpt: ...PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, June 22, 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 BE CONDUCTED ON WEDNESDAY, March 3, 2021 at 3:00 p.m. in Dept. 19 and will most likely be conducted using the Blue Jeans Network, password # 5102676935. If a hearing is requested, the C...

Excerpt: ...n v. Apple Inc. (N.D. Cal. 2020) 500 F.Supp.3d 993, 1019-1022, that the Cal. Supreme Court's grounds for finding an exception to the economic loss rule where the defendant manufacturer has engaged in intentional misrepresentation applies also to properly pleaded claims of fraudulent concealment. (Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979.) Nevertheless, Plaintiff in Opposition fails to address Bigler-Engler v. Breg, Inc. (...

Excerpt: ...NTATIVE RULING, NO LATER than 4:00 PM on Friday, June 18, 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...

Excerpt: ...ny prior lawsuits. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, June 15, 2020, 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 whi...

Excerpt: ...t have engaged in numerous federal and state court actions that have already determined conclusively that Defendant has lawful title to the real property known as 2132 Longview Drive, San Leandro, CA (the "Subject Property") pursuant to a Trustee's Deed dated 8/25/2010 following a non-judicial foreclosure sale under a Deed of Trust dated 5/3/2007, which Mitchell executed. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM...

Excerpt: ...y Act and Fair Employment and Housing Act claims alleged in the original Complaint and First Amended Complaint. Plaintiff filed his Second Amended Complaint on 5/14/2021. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Friday, June 11, 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...

Excerpt: ...h the hearing will be conducted in advance of the hearing. The Court has reviewed the parties' respective papers and provides the following to focus discussions at the hearing. The Court is inclined to grant Plaintiff's Motion. Defendants' Opposition does not appear to contest Plaintiff's request that trial be bifurcated into a liability phase followed by a damages phase. Instead, Defendants' Opposition appears to focus largely on legal disputes ...

Excerpt: ...mployee who allegedly suffers a wrongful termination as a result of reporting or refusing to participate in her employer's pattern of conduct in violation of RICO does not have standing to sue under Rico because the employee was not proximately injured by the alleged corrupt pattern of conduct. (Reddy v. Litton Industries, Inc. (9th Cir. 1990) 912 F.2d 291, 294, stating in relevant part: "All of the circuit courts that have considered this issue ...

Excerpt: ...h the hearing will be conducted in advance of the hearing. The Court has reviewed the parties' respective papers and provides the following to focus discussions at the hearing. The Court is inclined to grant Plaintiff's Motion. Defendants' Opposition does not appear to contest Plaintiff's request that trial be bifurcated into a liability phase followed by a damages phase. Instead, Defendants' Opposition appears to focus largely on legal disputes ...

Excerpt: ...intiff's Person Most Qualified ("PMQ") are overbroad under both federal (FAA) and California law. However, it is also clear that the scope of permissible discovery here is broader than that argued by Alere, particularly under the present facts, where Alere is admittedly not a party to the relevant arbitration agreement and this case has been litigated in this Court for well more than a year. At this point, it is not clear what the appropriate par...

Excerpt: ...ing necessary to justify an exception to the privilege. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Tuesday, May 25, 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 advis...

Excerpt: ...ire-fighter who was terminated by defendant Alameda County Fire Department ("Defendant") in November 2018. Defendant contends that Plaintiff was terminated for violations of Defendant's workplace violence policy. Plaintiff alleges that the reasons given for the termination were pretextual. The Court found the Moving papers to be inadequate to explain the nature of the dispute here, which is adequate grounds to deny the motion. Most importantly, P...

Excerpt: ...quested. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Tuesday, May 25, 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...

Excerpt: ...s Status. The parties have each submitted additional briefing, which the Court has considered. Defendant's Demurrer to the FAC's Second and is SUSTAINED IN PART and OVERRULED IN PART, as set forth below. Defendant's Demurrer to the FAC's Third Cause of Action is OVERRULED. Defendant's Motion to Strike Portions of the FAC is GRANTED IN PART and DENIED IN PART as set forth below. Plaintiff may serve and file a Second Amended Complaint consistent wi...

Excerpt: ...t and Fair Employment and Housing Act claims alleged in the original Complaint and First Amended Complaint. However, it does not appear from the Court's record that Plaintiff has successfully filed his Second Amended Complaint. Plaintiff should do so as soon as reasonably possible. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Friday, May 14, 2021 contesting party must email [email protected] and pro...

Excerpt: ... [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 the tentative ruling will become the final order of the Court. ....

Excerpt: ...parties of the manner in which the hearing will be conducted in advance of the hearing. In order to facilitate discussion at the hearing, the Court provides the following substantive Tentative Ruling. Plaintiff's Motion is GRANTED IN PART, as set forth below. ALLEGATIONS AND FACTS Plaintiff's Complaint in the Civil Action alleges that she and Defendant are the two adult children of Settlor, their mother. (Complaint ¶ 16.) On 9/27/2011, Settlor e...

Excerpt: ... 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 the tentative ruling will become the final orde...

Excerpt: ...nce that they were timely served on the LWDA. The Court notes that Plaintiff received leave of Court on 4/6/2021 to file a Second Amended Complaint alleging wage and hour class action claims in addition to the PAGA claims alleged in the original Complaint and First Amended Complaint. However, it does not appear from the Court's record that Plaintiff has successfully filed his Second Amended Complaint. The Court requests that Plaintiff do so as so...

Excerpt: ...t 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 the tentative ruling will become the final order of the Court. LAW RE: MOTIONS FOR ORDER REQUIRING PHYSICAL AND MENTAL EXAMINATIONS. CCP § 2...

Excerpt: ...on Friday, May 7, 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 hearing. If not timely contested, and the tentative ...

Excerpt: ...k, 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 the tentative ruling will become the final order of the Court. LAW RE: WRITS OF MANDATE "Section 1094.5 of the Code of Civil Procedure governs judicial review by administrative mandate of any final decision or order rendered by an administrative agency. ...

Excerpt: ...T PREJUDICE Plaintiff's Motion to Compel Further Responses to Plaintiff's RFPDs. The Joint Statement submitted on or about 4/21/2021 indicates that on 4/9/2021 each of Defendants served Amended Responses to the RFPDs. These Amended Responses do not appear to be in the record, and no separate statement has been submitted regarding the Amended Responses and their alleged deficiencies. The Court notes that if fails to see any problem with Amended Re...

Excerpt: ...Theradome, Inc.'s ("Theradome") (Hamid and Theradome are, collectively, "Defendants") Motion for Summary Judgment ("MSJ") is DENIED. Defendants' alternative Motion for Summary Adjudication ("MSA") is GRANTED IN PART and DENIED IN PART. LAW RE: MSJ AND MSA "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(a)(1).) "...

Excerpt: ...ng to the Alternative Writ Petition, Petitioner was arrested on the evening of 8/11/2019 in Pacifica for suspicion of driving under the influence of alcohol. (AWP ¶ 3.) Subsequent chemical testing indicated that Petitioner's blood alcohol level was above the legal limit. (Id. at ¶ 6.) On 10/10/2019, Petitioner requested an administrative hearing, which was conducted on 8/26/2020. (Id. at ¶ 8.) On 10/27/2020, the DMV issued an Order of Suspensi...

Excerpt: ...cer-causing substance. However, Plaintiff's Moving papers contain no evidence regarding what testing was conducted on Defendant's at-issue cookies or what levels of acrylamide were discovered by the testing of said cookies. Nevertheless, the proposed settlement of Plaintiff's sole cause of action for violation of Prop. 65 provides in relevant part that Defendant pay a civil penalty of $12,000 and also to pay $108,000 to Plaintiff's counsel in lie...

Excerpt: ...against Defendant. Further, the Court ORDERS the present action STAYED until arbitration proceedings are completed. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, April 27, 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, passwo...

Excerpt: ...on of plaintiff Daniel Ridge's ("Plaintiff") First Amended Complaint ("FAC"), many of which DUMF do not appear to be "material" and which Defendant admits are being provided as "background." (See Defendant's Separate Statement at fn. 2.) " 'Material facts' are facts that relate to the cause of action, claim for damages, issue of duty, or affirmative defense that is the subject of the motion and that could make a difference in the disposition of t...

Excerpt: ...sue and Monetary Sanctions is DENIED. Based on Defendants Arsil J. Lozano et al's ("Defendants") repeated representations that all documents responsive to Plaintiff's Document Requests in Defendants' possession, custody or control have been produced following a diligent search and reasonable inquiry, the Court ORDERS that Defendants shall be barred from introducing at trial any and all responsive documents not produced to Plaintiff as of the date...

Excerpt: ...ity Company ("CCM CA") (CCM NY and CCM CA are collectively "CCM"); Cachette Venture Partners GP, LLC, Cachette Venture Partners I GP, LP and Cachette Venture Partners I, LP (the "Venture Defendants") (CCM NY, CCM CA and the Venture Defendants are collectively, the "Entity Defendants") (Ms. Cachette and the Entity Defendants are, collectively, the "Defendants"), the Court GRANTS IN PART and DENIES IN PART the Motions as set forth in detail below. ...

Excerpt: ...nsel of the intent to contest the tentative order. Any requested hearing will most likely be conducted on a subsequent date, probably April 21, 2020 at 3:00 p.m. using the Blue Jeans Network, password # 5102676935. If a hearing is requested, the Court will advise the parties of the date, time and 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 o...

Excerpt: ...for violations of Defendant's workplace violence policy. Plaintiff alleges that the reasons given for the termination were pretextual. The Court found the Moving papers to be inadequate to explain the actual nature of the dispute here, which is adequate grounds to deny the motion. Most importantly, Plaintiff complains of a chain email involving, inter alia, an email between Defendant's employees Jim Call and Alma Balmes, which Plaintiff claims ha...

Excerpt: ...not particularly compelling, the Court does not find the delay so unreasonable or the prejudice to AT&T so great as to override the public policy in favor of liberally allowing amendments to the pleadings. Further, the Court finds that Plaintiff's DOE amendment relates back to the filing of the original Complaint on 4/26/2019. (See A.N. v. County of Los Angeles (2009) 171 Cal.App.4th 1058.) IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO...

Excerpt: ... than 4:00 PM on Friday, April 2, 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 conteste...

Excerpt: ...ion of her individual wage and hour claims. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Friday, April 2, 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 part...

Excerpt: ...Plaintiffs' Complaint was filed on 8/5/2015. Plaintiffs' Second Amended Complaint ("SAC") was filed on 2/22/2017. Trial is set to commence on 5/24/2021, and discovery in this action has closed. LAW RE: MOTIONS FOR LEAVE TO AMEND "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 the procee...

Excerpt: ...RDS total monetary sanctions in the amount of $930 payable by defendant Anusha Mandadi ("Defendant") to Plaintiff. Defendant shall serve on Plaintiff no later than Wednesday, May 5, 2021 further verified responses to the SROGS, FROGS and RFAS. Defendant shall pay the monetary sanctions ordered above to Plaintiff no later than thirty (30) days after the date on which Plaintiff serves and files a Notice of Entry of the Final Order on these two moti...

Excerpt: ...pplemental declaration addressing the deficiencies in the moving papers described below no later than Monday, April 26, 2021. Plaintiff shall provide a courtesy copy of any such supplemental declaration to Dept. 19 by email on the date of filing. Plaintiff's Complaint alleges that defendant Frito-Lay, Inc. ("Defendant") manufactured, sold and/or distributed certain "Gamesa" brand cookies ("cookies"), which Plaintiff alleges contain acrylamide, a ...

Excerpt: ...f shall serve full and complete verified responses to the Written Discovery Requests to the extent set forth hereinbelow no later than Wednesday, May 5, 2021. Further, Plaintiff shall serve on Defendants copies of all documents responsive to the RFPDS in Plaintiff's possession, custody or control after a reasonable and diligent search, and only to the extent that any such documents have not already been produced by Plaintiff in this action, no la...

Excerpt: ...tiff in his SAC had to allege specific facts showing that Defendants increased the inherent risks of the sport by allowing conduct by participants "so reckless as to be totally outside the range of the ordinary activity" in the sport at issue. (Kahn v. East Side Union High School Dist. (2003) 31 Cal.4th 990, 1011; Avila v. Citrus Community College Dist. (2006) 38 Cal.4th 148, 162.) Plaintiff's newly alleged facts still do not allege more than mer...

Excerpt: ... of the intent to contest the tentative order. IF A HEARING IS REQUESTED, the hearing will most likely be conducted on Wednesday, April 7, 2021 at 3:00 p.m. in Dept. 19. The Clerk of Dept. 19 will advise the parties of the actual hearing date if the Tentative Ruling is contested. Any requested hearing will most likely be conducted using the Blue Jeans Network. If a hearing is requested, the Court will advise the parties of the manner in which the...

Excerpt: ...ely be conducted on Wednesday, April 7, 2021 at 3:00 p.m. in Dept. 19. The Clerk of Dept. 19 will advise the parties of the actual hearing date if the Tentative Ruling is contested. Any requested hearing will most likely be conducted using the Blue Jeans Network. 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 ru...

Excerpt: [email protected] and provide notice to all counsel of the intent to contest the tentative order. IF A HEARING IS REQUESTED, the hearing will most likely be conducted on Wednesday, March 31, 2021 at 3:00 p.m. in Dept. 19. The Clerk of Dept. 19 will advise the parties of the actual hearing date if the Tentative Ruling is contested. The factual context of this case is a failed restaurant project. Plaintiff Chris Pastina sued multiple par...

Excerpt: ...ART as set forth below. Plaintiff may serve and file a Second Amended Complaint consistent with this Order no later than Friday, April 2, 2021. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Friday, March 12, 2021, contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. IF A HEARING IS REQUESTED, the hearing will most likely be conduc...