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: ...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: ...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...