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...