Excerpt: ...G, NO LATER than 4:00 PM on Friday, March 19, 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 which the hearing will be conducted in advance of the hearing. If not tim...

Excerpt: ...il [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: ... reasonable likelihood of prevailing on her invasion of privacy cause of action. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, March 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 Jeans Network, password # 5102676935. If a hearing is re...

Excerpt: ...erve a responsive Separate Statement no later than Wednesday, April 7, 2021. No other papers should be filed. Copies of the Separate Statements should be provided to Dept. 19 by email on the date of filing and service. The present dispute arises out of an alleged 2015 "joint venture" or "partnership" agreement between Plaintiff and A.J. Lozano ("A.J.") to form a construction business, which was eventually incorporated as defendant Bay Pro Propert...

Excerpt: ..., 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. PROCEDURAL BACKGROUND This consolidated action involves seven different lawsuits brought against Defendant in the Alameda County Superior Court in 2018 and 2019 alleging either class action wage and hour violations under the Cal. Labor Code o...

Excerpt: ...ertently rather than the tentative ruling being adopted. To rectify this effort, the tentative ruling is adopted nunc pro tunc and reprinted below with the only modification in the last paragraph to reflect that the "Revised and Final Protocol for Site Inspection of Subject Unit" was issued on December 11, 2020: The present dispute involves Plaintiff tenant's claims sounding primarily in rental housing habitability violations and tort claims agai...

Excerpt: ... services counsel has provided with respect to this action. The Court instructs Plaintiff to submit a supplemental declaration containing the requested evidence no later than 3/22/2021, with a courtesy copy submitted by email to Dept. 19. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Wednesday, March 17, 2020 at 3:00 p.m. in Dept. 19. In order to contest the Tentative Ruling, NO LATER than 4...

Excerpt: ...pplemental declaration containing the requested evidence no later than 3/22/2021, with a courtesy copy submitted by email to Dept. 19. Because the Settlement Agreement has already been served on the LWDA, as defined below, the Court will not require notice to the LWDA of Plaintiff's supplemental declaration. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Friday, March 12, 2021 contesting party must email dept.19@...

Excerpt: ...intent to contest the tentative order. 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 ruling will become the final order of the Court. Plaintiff's First Amended Complaint alleges PAGA representative claims for defendant's alleged v...

Excerpt: ...S TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Friday, March 5, 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 Wednesday, March 10, 2021 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 manner in...

Excerpt: ..., 2015. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Friday, 2/26/2021, contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. ANY REQUESTED HEARING WILL 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 requeste...

Excerpt: ...e conducted on WEDNESDAY, MARCH 10, 2021, 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. . LEGAL STANDARDS FOR CCP § 877.6 MOTIONS "Any party to an action in which it is alleged that two or more parties are joi...

Excerpt: ...ice of process a the address to listed on Stacklogy's most recent Statement of Information on file with the California Secretary of State to produce the following three categories of documents in Stacklogy's possession, custody or control after a diligent search and reasonable inquiry: 1. All Resume(s) of Anusha Mandadi (aka "Anu Mandadi") including all versions provided by Mandadi, and all versions sent to any end client or vendor, including ESI...

Excerpt: ...a.courts.ca.gov 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 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 ...

Excerpt: ... Deponent to pay monetary sanctions to Defendant in the amount of $750 payable no later than Friday, April 27, 2021; however, such monetary sanctions will be due and payable ONLY IF Deponent's deposition and document production have NOT been completed by Friday, April 16, 2021, or on such later date as mutually agreed to by Defendant and Deponent in writing no later than April 16, 2021. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LAT...

Excerpt: ...rovide 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. ANALYSIS OF MOTION The parties do not...

Excerpt: ... has not waived its sovereign immunity under the Eleventh Amendment to the United States Constitution and that Defendant is not judicially estopped from asserting its Sovereign Immunity based on positions the State took in Stoetzl v. Calif. Dept. of Human Resources (2019) 7 Cal.5th 718. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, February 23, 2020, the contesting party must email [email protected]....

Excerpt: ...rovide 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. ANALYSIS OF MOTION The parties do not...

Excerpt: ...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 ruling will becom...

Excerpt: ...ther Responses to Form Interrogatory No. 15.1 is GRANTED. Defendant's Motion to Compel Plaintiff's Further Responses to: (1) SROGS Nos. 6 and 8-10; and (2) RFPDs Nos. 68 and 77 is GRANTED IN PART as set forth below. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, February 9, 2020, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the ten...

Excerpt: ...t 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 of the C...

Excerpt: ...er fire-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. Defendant seeks to have the following language added to the Protective Order entered by the Court on 6/11/2020: "Plaintiff and anyone on his behalf, shall ...

Excerpt: ...TENTATIVE RULING, NO LATER than 4:00 p.m. on Tuesday, 2/9/2021, 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...

Excerpt: ...to Strike is GRANTED IN PART and DENIED IN PART as set forth below. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Tuesday, 1/26/2021, 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 w...

Excerpt: ... PM on Friday, January 29, 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 which the hearing will be conducted in advance of the hearing. If not timely contested, and ...

Excerpt: ... 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. As a preliminary matter, the Court had difficulty understanding exactly what the parties' respective positions were...

Excerpt: ...ns at the hearing, the Court provides the following Tentative Ruling on the Motion to Quash. The Motion to Quash is GRANTED IN PART as set forth below. The Court finds that Plaintiff's privacy interests in her medical and mental health records are such that production of her medical mental records should be limited to those medical and mental health records actually put at issue by Plaintiff's operative Complaint in this action. As a preliminary ...

Excerpt: ...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. On 6/23/2018, Plaintiff a...

Excerpt: ...cole Rodriguez ("Deponent") with the Motion papers, as required by CCP §§ 2025.480(c) and 2023.030 and CRC Rule 3.1346. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, THE HEARING WILL BE CONDUCTED ON WEDNESDAY, JANUARY 27, 2020 at 3:00 p.m. in Dept. 19. Moving party has already requested a hearing. The requested hearing will most likely be conducted using the Blue Jeans Network, password # 5102676935. If a hearing is requested, the Court...

Excerpt: ...t will advise the parties of the manner in which the hearing will be conducted in advance of the hearing. LEGAL STANDARDS The complaint must include a statement of the facts constituting the cause of action, "in ordinary and concise language." (C.C.P. 425.10(a)(1).) These are commonly referred to as "ultimate facts." (Doe v. City of Los Angeles (2007) 42 C4th 531, 550.) "Ultimate facts" are those that raise the issues on which the right to recove...

Excerpt: ... THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, January 19, 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...

Excerpt: ...entative 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. Plaintiffs' First Amended Complaint alleges claims for violations of the Consumers Legal Remedie...

Excerpt: ...Private Attorneys General Act of 2004 ("PAGA") claim is limited to ABM employees assigned to work at a Flowers facility," the Court finds that the answer is "No." Labor Code § 2699(a), which provides in relevant part that an "aggrieved employee" may bring a civil action "on behalf of himself or herself and other current or former employees," contains no such limitation, and the Court was unable to find any published California authority for the ...

Excerpt: ...RTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Tuesday, January 12, 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. 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 ...

Excerpt: ...mbers; 2. inform the court of the number of potential class members who received the Notice; 3. State the amount of the individual settlement; 4. estimate the cost of advising all potential class members that the case is being dismissed; 5. suggest potentially less expensive means of advising potential class members the case is being dismissed; and 6. offer argument or any factual material as to whether any notice is necessary. Plaintiff filed a ...

Excerpt: ...Private Attorneys General Act of 2004 ("PAGA") claim is limited to ABM employees assigned to work at a Flowers facility," the Court finds that the answer is "No." Labor Code § 2699(a), which provides in relevant part that an "aggrieved employee" may bring a civil action "on behalf of himself or herself and other current or former employees," contains no such limitation, and the Court was unable to find any published California authority for the ...

Excerpt: ...m Interrogatories. The Court DENIES the parties' respective requests for monetary sanctions. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Wednesday, January 6, 2021 at 3:00 p.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM on Tuesday, January 5, 2020, the contesting party must email [email protected] and provide notice to all counsel/pa...

Excerpt: ...e written discovery requests. He identifies no objections he wishes to assert or the basis for such objections. Further, the written discovery Responses Plaintiff served on 12/2/2020 contain no objections. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, January 5, 2020, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative orde...

Excerpt: ...test 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. LEGAL STANDARDS The complaint must include a statement of the facts constituting the c...

Excerpt: ...f Trust when it recorded the at-issue Full Reconveyance on 4/30/2015. If Nationstar was not actually the Trustee under the relevant Deed of Trust at the time the Full Reconveyance was recorded, then the Full Reconveyance was void as a matter of law, and the four-year statute of limitations under CCP § 343 applies, rather than the three year statute of limitations under CCP § 338(d) for an action for relief on the grounds of fraud or mistake. (Z...

Excerpt: ...mber 11, 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 on a subsequent date, probably December 16, 2020 at 3 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 ...

Excerpt: ...ovember 17, 2020, 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 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 becom...

Excerpt: ...rovide notice to all counsel of the intent to contest the tentative order. Any requested hearing will most likely be conducted on a subsequent date, probably December 16, 2020 at 3 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 ...

Excerpt: ...O LATER than 4:00 PM on Friday, December 4, 2020, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. NOTE THE TENTATIVE RECITAL OF THE HEARING TIME HAS BEEN CHANGED. 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 ...

Excerpt: ...ring 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. Defendant operates software applications which allow individuals seeking short- term or longer-term employment opportunities from...

Excerpt: ...se maintain the UD Action because the UD Action Plaintiff is not the proper plaintiff. However, any further motions filed by Plaintiffs in this action may result in an Order deeming Plaintiffs to be vexatious litigants and/or awarding to Defendants monetary sanctions. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, December 8, 2020, the contesting party must email [email protected] and provide n...

Excerpt: ...spects. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Wednesday December 9, 2020 at 3:00 p.m. in Dept. 19. In order to contest the Tentative Ruling, NO LATER than 4:00 p.m. on Friday, December 4, 2020 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 usi...

Excerpt: ..., December 18, 2020. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Friday, December 4, 2020 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 whic...

Excerpt: ...contacts with the State of California to establish specific personal jurisdiction. The Court DENIES the Motion to Dismiss for Inconvenient Forum as moot. If any party wishes to contest the tentative ruling, no later than 4:00 PM on Wednesday, November 25, 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, th...

Excerpt: ...C"), Plaintiff alleges that several people affiliated with the University's Department of Sociology, including several faculty members, a graduate student instructor, and an assistant, all engaged in negligent and/or intentional infliction of emotional distress. Defendants demur on the grounds that the conduct alleged in the TAC is, as a matter of law, not outrageous. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on ...

Excerpt: ...contacts with the State of California to establish specific personal jurisdiction. The Court DENIES the Motion to Dismiss for Inconvenient Forum as moot. If any party wishes to contest the tentative ruling, no later than 4:00 PM on Wednesday, November 25, 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, th...

Excerpt: ...served with the moving papers as expressly required by CRC Rule 3.1346. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, November 17, 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 requeste...

Excerpt: ...nding resolution of the Civil Action. (Probate Code § 854.) Further, the cases are not properly consolidated because Plaintiff's Complaint in the Civil Action appears to seek a jury trial, which is not available in a Probate Action. Defendant shall serve and file an Answer no later than Friday, December 11, 2020. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Friday, November 13, 2020, the contesting party must em...

Excerpt: ...ovember 17, 2020, 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 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 becom...

Excerpt: ...e amount of $825 no later than thirty (30) days after the date on which Defendants serve and file a Notice of Entry of this Order. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Friday, November 6, 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...

Excerpt: ...onetary sanctions to Plaintiff in the amount of $1,560.00 for Counsel's failure to meet and confer in good faith regarding the issues in dispute herein, pursuant to CCP § 2023.010(i), payable no later than 30 days after Plaintiff serves Defendant with a Notice of Entry of the Final Order on this Motion. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, October 27, 2020, the contesting party must email dept.1...

Excerpt: ... questions and/or stimuli and Plaintiff's responses for any examination or testing Dr. Perrillo performed on Plaintiff, so that Defendant may have a full and fair opportunity to depose Dr. Perrillo in advance of trial regarding his anticipated expert testimony. The Court instructs Defendant to be prepared at the 11/4/2020 hearing to advise the Court exactly what "raw" examination and/or testing materials it needs to properly depose Dr. Perrillo a...

Excerpt: ...ments identified herein with the appropriate designations ordered below on Plaintiffs no later than Monday, November 16, 2020. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Tuesday, 10/20/2020, 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, p...

Excerpt: ...low at least seven calendar days before the continued 12/9/2020 hearing. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Tuesday, November 3, 2020 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: ...es against Enterprise. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Tuesday, October 30, 2020 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...

Excerpt: ... punitive damages award. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Tuesday Friday, October 30, 2020 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 ...

Excerpt: ...lendar days before the continued 12/7/2020 hearing. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Friday, October 30, 2020 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 ...

Excerpt: ...es and various Labor Code violations primarily regarding alleged unpaid meal and rest periods. The case settled for $5,000,000, pending final approval. The size of the class is 447. (Moving Lee Dec. ¶ 8.) The Settlement Agreement states that attorneys' fees will be up to 40% of the settlement amount, or $2,000,000, plus costs of suit in an amount not to exceed $350,000. The Settlement Agreement calls for $20,000 class service awards to each of P...

Excerpt: ...ed First Amended Complaint is attached to the document filed on 10/9/2020 and the Court does not have a record that the First Amended Complaint has been filed. Therefore, in an abundance of caution the Court issues the following substantive Tentative Ruling on the Demurrer. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, October 20, 2020, the contesting party must email [email protected] and pro...

Excerpt: ... of the intent to contest the tentative order. If any class member wishes to contest any portion of the settlement at the hearing, he or she must email the Court at [email protected] no later than 4:00 p.m. on Tuesday, 10/27/2020 and advise that he or she wishes to contest the settlement remotely. If any class member timely so advises the Court of his or her intent to appear and contest the settlement, the Court will so advise the part...

Excerpt: ... or about July 28, 2020. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Tuesday, 10/20/2020, 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 wh...

Excerpt: ...onetary sanctions to Plaintiff in the amount of $1,560.00 for Counsel's failure to meet and confer in good faith regarding the issues in dispute herein, pursuant to CCP § 2023.010(i), payable no later than 30 days after Plaintiff serves Defendant with a Notice of Entry of the Final Order on this Motion. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, October 27, 2020, the contesting party must email dept.1...

Excerpt: ...ments identified herein with the appropriate designations ordered below on Plaintiffs no later than Monday, November 16, 2020. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Tuesday, 10/20/2020, 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, p...

Excerpt: ...o the alleged Labor Code violations that are the basis for her First, Second, Third and Ninth Causes of Action. (Brown v. Ralph's Grocery Co. (2018) 28 Cal.App.5th 824, 838.) IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Friday, 10/23/2020, 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 like...

Excerpt: ...so finds that all of plaintiff S.O.S.I.'s ("Plaintiff" or "Tenant")) Causes of Action may be successfully stated even if all references to the 3-Day Notice are properly stricken from the Complaint. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Wednesday, October 7, 2020 at 3:00 p.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 p.m. on Tuesday, October ...

Excerpt: ...ts Tamin Hamid and Theradome, Inc. ("Defendants") monetary sanctions payable by Plaintiff in the amount of $560. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, October 13, 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, passwor...

Excerpt: ...114, 115, 117 and 118 are GRANTED IN PART and DENIED IN PART as set forth below. Plaintiff's Motion to Compel Documents responsive to Plaintiff's Requests for Production, Set One is GRANTED IN PART, as set forth below. Defendants shall serve verified further responses to Special Interrogatories Nos. 51-53, 55, 68, 69, 74, 81-84, 86-93, 100, 107, 109, 110, 115 and 117 and produce all responsive documents in the possession, custody or control of De...

Excerpt: ... or about July 28, 2020. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Tuesday, 10/20/2020, 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 wh...

Excerpt: ...ed First Amended Complaint is attached to the document filed on 10/9/2020 and the Court does not have a record that the First Amended Complaint has been filed. Therefore, in an abundance of caution the Court issues the following substantive Tentative Ruling on the Demurrer. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, October 20, 2020, the contesting party must email [email protected] and pro...

Excerpt: ...on Tuesday, 10/18/2020, 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: ...d Cause of Action for Unruh Civil Rights Act Violation (Civ. Code § 51). Plaintiffs shall serve and file an Amended pleading no later than Friday, November 6, 2020. LEGAL STANDARDS FOR MOTIONS FOR JUDGMENT ON THE PLEADINGS "A party may move for judgment on the pleadings." (CCP § 438(b)(1).) A plaintiff is entitled to judgment on the pleadings if "the complaint states facts sufficient to constitute a cause or causes of action against the defenda...

Excerpt: ...114, 115, 117 and 118 are GRANTED IN PART and DENIED IN PART as set forth below. Plaintiff's Motion to Compel Documents responsive to Plaintiff's Requests for Production, Set One is GRANTED IN PART, as set forth below. Defendants shall serve verified further responses to Special Interrogatories Nos. 51-53, 55, 68, 69, 74, 81-84, 86-93, 100, 107, 109, 110, 115 and 117 and produce all responsive documents in the possession, custody or control of De...

Excerpt: ...ts Tamin Hamid and Theradome, Inc. ("Defendants") monetary sanctions payable by Plaintiff in the amount of $560. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, October 13, 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, passwor...

Excerpt: ... that this Court has personal jurisdiction over Bluecrew. Defendants' Demurrer is OVERRULED in its entirety. The Court notes as a preliminary matter that defendant Bluecrew's request for dismissal pursuant to CCP § 418.10 based on this Court's asserted lack of personal jurisdiction should have been brought as a separate noticed motion, rather than as part of the Demurrer. Nevertheless, the Court will rule on the substance of Bluecrew's Motion to...

Excerpt: ... amount of $2,000 payable by Defendants. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Tuesday, October 13, 2020, 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 parti...

Excerpt: ... 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 ruling will become the...

Excerpt: ...D IN PART WITHOUT LEAVE TO AMEND and OVERRULED IN PART as set forth below. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, October 6, 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 request...

Excerpt: ... under the primary assumption of the risk doctrine, as articulated in Knight v. Jewett (1992) 3 Cal.4th 296 and Fortier v. Los Rios Community College District (1996) 45 Cal.App.4th 430. Therefore, Plaintiff in an amended pleading must allege specific facts showing that Defendants increased the inherent risks of the sport by allowed conduct by participants that was "totally outside the range of the ordinary activity" in the sport at issue. (Kahn v...

Excerpt: ...culty in securing evidence and deposition testimony from witnesses who are Chinese nationals. Defendant's 9/30 Response effectively rejects the proffered stipulations, asserts that Defendant needs to be able to take depositions of witnesses in China in order to prepare for trial, and cites to a 9/29/2020 U.S. Dept. of State Travel Advisory stating in relevant part: "Reconsider travel to the People's Republic of China (PRC), including the Hong Kon...

Excerpt: ... Clark v. American Residential Services LLC (2009) 175 Cal.App.4th 785, 804-807.) The Court finds that the declaration is adequate to support the requested service award, as modified below. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Tuesday, October 6, 2020 contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any requested he...

Excerpt: ...ifically, the Court ORDERS Plaintiffs either to complete, serve and file California Court Forms FL-142 (Schedule of Assets and Debts) and FL-150 (Income and Expense Declaration) or to serve and file declarations containing all of the information to be provided in Forms FL-142 and FL-150, no later than Wednesday, October 14, 2020. Defendant Ebay, Inc. ("Defendant" or "eBay") may serve and file a response to Plaintiffs' supplemental declarations no...

Excerpt: ...xth and Seventh Causes of Action each for Negligent Interference with Prospective Economic Relations are SUSTAINED WITHOUT LEAVE TO AMEND. "[A] corporate agent cannot be liable for interfering with its principal's contract." (Mintz v. Blue Cross of Calif. (2009) 172 Cal.App.4th 1594, 1606; see also Shoemaker v. Myers (1990) 52 Cal.3d 1, 24-25.) These causes of action appear to be improperly restated breach of fiduciary duty claims, which Defendan...

Excerpt: ...y party wishes to contest the tentative ruling, NO LATER than 4:00 PM ONE (1) COURT DAYS prior to the current 9/23/2020 hearing date (exclude Saturday, Sunday and national holidays) 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: ...t, pursuant to CCP §§ 473.5, 473(d) and 418.10 (the "Motion"), the Court DENIES CCM's Motion to Set Aside Default and for Leave to Defend the Action pursuant to CCP §§ 473.5 and 473(d). Based on the record before it, the Court does not find credible defendant Desiree Cachette's ("Ms. Cachette") declaration that she, in her capacity as CCM's agent for service of process, did not have actual notice of the present lawsuit prior to "late November...

Excerpt: ...xth and Seventh Causes of Action each for Negligent Interference with Prospective Economic Relations are SUSTAINED WITHOUT LEAVE TO AMEND. "[A] corporate agent cannot be liable for interfering with its principal's contract." (Mintz v. Blue Cross of Calif. (2009) 172 Cal.App.4th 1594, 1606; see also Shoemaker v. Myers (1990) 52 Cal.3d 1, 24-25.) These causes of action appear to be improperly restated breach of fiduciary duty claims, which Defendan...

Excerpt: ...t 9:00 a.m. in Dept. 19 via Bluejeans video conference. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM on Tuesday September 22, 2020, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. The clerk will email a video invitation. If not timely contested, and the tentative ruling will become the final order of the Court. Pursuant to C...

Excerpt: ...t 9:00 a.m. in Dept. 19 via Bluejeans video conference. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM on Tuesday September 22, 2020, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. The clerk will email a video invitation. If not timely contested, and the tentative ruling will become the final order of the Court. Pursuant to C...

Excerpt: ...uses of Action sounding at least in part in gender discrimination. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, September 22, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 p.m. on Friday, September 18, 2020 contesting party must email [email protected] and provide notice to all counsel of the intent to contest the...

Excerpt: ...contradict his deposition testimony that the Disclosure Notice Plaintiff produced in discovery is the same Disclosure Notice he viewed but admittedly did not actually read on 10/11/2016. The Court has reviewed each party's supplemental briefing submitted in late August and early September 2020. The new evidence shows that neither Defendant nor its third-party vendor HireRight, LLC possess screenshots that would contradict Plaintiff's deposition t...

Excerpt: ... case. (See e.g., Clark v. American Residential Services LLC (2009) 175 Cal.App.4th 785, 804-807.) The Court requests that Plaintiff's declaration be filed with the Court and a courtesy copy sent by email to Dept. 19 at least five (5) court days before the continued 10/7/2020 hearing date. Except for Plaintiff's failure to submit a declaration evidencing her participation in the action as set forth above, the Court is inclined to grant the Motion...

Excerpt: ...ember 15, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM ONE (1) COURT DAYS prior to the current 9/2/2020 hearing date (exclude Saturday, Sunday and national holidays) 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, pas...

Excerpt: ...ART WITH LEAVE TO AMEND and WITHOUT LEAVE TO AMEND as set forth in detail below. Defendant may file an amended pleading consistent with this Tentative Ruling no later than Friday, September 25, 2020. Plaintiff's and the Other Cross-Defendants' Motion for Sanctions re: Third Amended Cross-Complaint pursuant to CCP § 128.5 (the "Sanctions Motion") is DENIED. The Court further ORDERS Defendant to file a Notice of Related Cases in the present case a...

Excerpt: ...ly advised Plaintiff of the allegations she needs to allege against Defendant to state a negligence cause of action. (See e.g., 3/13/2020 Tentative Ruling on Demurrer to Plaintiff's Third Amended Complaint.) However, the 4AC is devoid of any specific allegations including without limitation when the alleged motor vehicle accident occurred, where the alleged motor vehicle accident occurred or how Defendant's alleged negligence caused the motor veh...

Excerpt: ...pared to make such an order on the present record. Defendants are authorized to resume the deposition of Plaintiff to develop facts relating to possible communications not in his possession, the accounts they may be in, Plaintiff's willingness to cooperate with their production, the burden that may be involved with such production and other factors relevant to whether such consent should be ordered. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE R...

Excerpt: ...sday, September 1, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM on Friday August 28, 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 th...