Excerpt: ... objects that CCIE's motion papers do not include a separate statement under Rule 3.1345(a)(5). CCIE responds that no separate statement is required when "no response has been provided to the request for discovery." (R. Ct. 3.1345(b).) The Court finds that no separate statement was required under Rule 3.1345 and that, even if one were, Plaintiff was not prejudiced by the absence of a separate statement. II. SERVICE OF MOTION ON FAY SERVICING Noti...

Excerpt: ...horized by contract. (Code of Civ. Proc. § 1033.5(a)(10)(1).) Willig offers evidence that its lease with Espresso Roma included an attorney fees clause allowing the party prevailing on a dispute under the lease to recover reasonable attorney fees. (Compl. Ex. A, p.15, § 31 ["If any Party . . . brings an action or proceeding involving the Premises whether founded in tort, contract or equity, or to declare rights hereunder, the Prevailing Party ....

Excerpt: ...." (Moses H. Cone Memorial Hosp. v. Mercury Constr. Corp. (1983) 460 U.S. 1, 24.) "California law, like federal law, favors enforcement of valid arbitration agreements." Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97. The California Arbitration Act requires courts to enforce arbitration clauses. (CCP §§ 1280 et seq.) California does not have a "policy compelling persons to accept arbitration of controversies w...

Excerpt: ...aneously with this motion. (Decl. of E.A. Grover ¶ 16; Decl. of R. Spence ¶ 2.) The LWDA has not appeared in this action to offer comments on, or objections to, the proposed settlement. In his First Amended Complaint, Picou also purports to state claims on behalf of an absent plaintiff class. Picou requests that the Court dismiss these causes of action without prejudice and consider this matter only as a claim for civil penalties under PAGA. Fo...

Excerpt: ...r purposes of settlement. Plaintiffs also seek court approval of claims raised under the Labor Code Private Attorneys General Act of 2004 ("PAGA") (Labor Code §§ 2698 et seq.). The Court has concerns regarding the Settlement Agreement and is tentatively inclined to deny the motion if the Settlement Agreement and class notice are not modified. To afford the parties an opportunity to remedy these deficiencies, Plaintiff's motion for conditional c...

Excerpt: ...of California ("UC") demurs to the Third Amended Complaint. It demurs on its own behalf alone and not on behalf of the individual instructors named in the Complaint, because UC is immune from liability as a public entity and because the activities alleged in the TAC are, as a matter of law, not outrageous. For the reasons stated below, UC's demurrer to the TAC is SUSTAINED WITHOUT LEAVE TO AMEND. LEGAL STANDARDS The standard for construing a comp...

Excerpt: ...g, and that date must be considered firm until continued. (Cal. R. Ct. 3.1332(a).) Because the Court had granted trial preference, the Court has discretion to continue the trial date by up to 15 days on showing of good cause. (CCP § 36(f).) The moving defendants seek a continuance on the grounds of "excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts" and because of "significant, unanti...

Excerpt: ...681b(b)(2)(A).) The TAC also alleges that Moore began working for UPS on November 22, 2017. On her third day, November 24, 2017, Moore resigned in protest of inappropriate comments by her supervisor during training. She was not paid her final wages until mid-January 2018. The TAC alleges that the delay of more than a month in payment of Moore's final wages entitle her to civil penalties under California's "waiting time" laws, Labor Code sections ...

Excerpt: ... is not seeking early or unilateral disclosure of experts. The expert disclosure statutes do not forbid a party from deposing an expert before disclosures are served and the Court will not bar such depositions if they are likely to lead to discoverable information. Even if the witnesses were not designated experts, CertainTeed would be permitted to depose them as the only two fact witnesses who know what happened to certain asbestos-containing ce...

Excerpt: ...MM's subpoena, they suspected that J-MM had limited its request to specific job or jobs that it knew did not involve asbestos-containing pipe products. Plaintiffs served their own subpoena on WVWD shortly thereafter seeking all documents regarding WVWD's relationship with J-MM and documents regarding asbestos pipe. WVWD has indicated that its response will include roughly 200,000 documents. The Court starts by noting that trial dates are firm and...

Excerpt: ... report in the "Coker case" (Requests Nos. 60 and 71); and (2) documents reflecting any money contributed to Brown University by JJ or JJC since 2017, and any communications between JJ or JJC and Brown University regarding Dr. David Egilman (Requests Nos. 85-86 and 96-97). As to the Blount report, the documents submitted with Plaintiff's moving papers (particularly Exhibits 9 and 11 to the declaration of Ian Rivamonte) indicate that the Blount re...

Excerpt: ...asement over those 23.02 acres identified in the map attached as Exhibit 3." (Consent J. ¶ 2.) Tong Defendants were also required to retain fee ownership of the parcel, provide an endowment to fund "perpetual management, maintenance, and monitoring (such as perimeter fencing, site security, vegetation management, etc.)." (Ibid.) The Consent Judgment provides that the conservation easement must "meet all legal requirements, including, inter alia,...

Excerpt: ...igible for relief under CCP section 473 because her declaration does not include any facts that constitute mistake, inadvertence, surprise, or excusable neglect. "The terms mistake, inadvertence, surprise, and excusable neglect warranting relief under section 473(b) are defined as follows: Mistake is not a ground for relief under section 473, subdivision (b), when the court finds that the mistake is simply the result of professional incompetence,...

Excerpt: ...ential wire installer in Sacramento County. The Court finds no issue with PacBell's responses to Request for Production No. 1, Special Interrogatory No. 34, and Form Interrogatory Nos. 4.1-4.2. The Court finds that PacBell's responses to Request for Production Number 2 and Special Interrogatory Nos. 3-4 are inadequate. PacBell states only that it has not found a "centralized list of employees" and has "no way to search for such information." PacB...

Excerpt: ...e their allegations, trial is in fact necessary to resolve their dispute." (Miller v. Fortune Commercial Corporation (2017) 15 Cal.App.5th 214, 220, citing Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843.) Summary judgment is proper only when "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 of Civil Procedure ["CCP"] § 437c(c).) When a defendant moves ...

Excerpt: ..., eighth, ninth, tenth, "tenthth" (sic), eleventh, and twelfth causes of action. McAfee does not demur to the FAC's first, sixth, or seventh causes of action. Plaintiff has not filed papers in opposition to the demurrer. For the reasons discussed below, the demurrer is SUSTAINED WITH LEAVE TO AMEND. LEGAL STANDARDS The standard for construing a complaint on demurrer is long-settled: "We treat the demurrer as admitting all material facts properly ...

Excerpt: ...essary legal action & false accusation" but otherwise OVERRULED. LEGAL STANDARDS 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. [Citation.] We also consider matters which may be judicially noticed. [Citation.] Further, we give the complaint a reasonable interpretation, reading it as a whole ...