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: ... 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: ...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: ...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: ...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: ...;" 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: ...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...