Excerpt: ...Tentative Ruling. The Motion to Compel is GRANTED IN PART and DENIED IN PART as follows, without prejudice to Plaintiff's right to timely bring a further motion to compel production of documents with respect to which RCBO has asserted privileges. A. Father Van Dinh's Clergy File. Plaintiff seeks production of certain documents maintained by RCBO as part of Fr. Van Dinh's "clergy file," which the parties both describe as containing the same kinds ...

Excerpt: ...s burden to show, for each cause of action, that "one or more elements of the cause of action ... cannot be established, or that there is a complete defense to the cause of action." (CCP § 437c(p)(2); see Miller v. Fortune Commercial Corporation (2017) 15 Cal.App.5th 214, 220-221.) If the defendant has made this showing, the burden then shifts to the Plaintiff to show one or more triable issues of material fact. (CCP § 437c(p)(2).) "In order to...

Excerpt: ... Settlement Agreement provides that unclaimed funds will escheat to the Cal. Dept. of Industrial Relations ("DIR") Unclaimed Wages fund. However, according to the DIR's website at , the Labor Commissioner no longer accepts funds payable as a result of the settlement of private litigation. Nevertheless, if the parties (1) enter a modification of the Settlement Agreement containing a proper cy pres designation; and (2) file and serve an appropriate...

Excerpt: ... response to J-MM's subpoena, they suspected that J-MM had limited its request to specific job or jobs that it knew did not involve asbestos-containing pipe products. Plaintiffs served their own subpoena on WVWD shortly thereafter seeking all documents regarding WVWD's relationship with J-MM and documents regarding asbestos pipe. WVWD produced roughly 200,000 documents on November 19, 2019. J-MM claims it needs time to review these documents and ...

Excerpt: ...ts discretion" to "[s]trikeout any irrelevant, false, or improper matter inserted in any pleading." "In order to survive a motion to strike an allegation of punitive damages, the ultimate facts showing an entitlement to such relief must be pled by a plaintiff." (Clauson v. Superior Court (1998) 67 Cal. App. 4th 1253, 1255 [internal citations omitted].) "In passing on the correctness of a ruling on a motion to strike, judges read allegations of a ...

Excerpt: ... products manufactured or supplied by defendants, including A-L. Decedent was allegedly exposed to asbestos because of asbestos dust carried home on the clothing of his parents, Jorge and Alysa Perreras. For the reasons discussed below, A-L's motion is GRANTED as a motion for summary judgment, and A-L is ordered to prepare a proposed judgment of dismissal. LEGAL STANDARDS The purpose of summary judgment and adjudication procedures is to allow thi...

Excerpt: ... conditional class certification for purposes of settlement. Plaintiffs also seek court approval of claims raised under the Labor Code Private Attorneys General Act of 2004 ("PAGA") (Labor Code §§ 2698 et seq.). This motion was set for hearing on October 30, 2019, but was continued to this date to allow the parties an opportunity to address concerns with the form of notice and contents of the proposed settlement agreement. The parties have subm...

Excerpt: ...d the PARTIES ARE ORDERED TO APPEAR. LEGAL STANDARDS The purpose of summary adjudication procedures is to allow this Court to "cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute." (Miller v. Fortune Commercial Corporation (2017) 15 Cal.App.5th 214, 220, citing Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843.) A party may move for summary ad...

Excerpt: ...Joe's Co. Plaintiff's counsel has submitted a declaration including the As You Sow consent judgment, which includes a process by which the defendants in that case fund a panel of scientists to research and lower the "naturally occurring" levels set in that litigation. Plaintiff's counsel also declares that cocoa and cocoa powder are a commodity product whose source is not always readily ascertainable. This does not change the Court's analysis. Pl...

Excerpt: ... that a Satisfaction of Mortgage ("SM") was recorded for the property on July 24, 2019. QLSC declares non-monetary status pursuant to Civil Code section 2924l. BANA has filed papers in opposition to the motion. For the reasons discussed below, the motion is DENIED. PROCEDURAL MATTERS Opperwall's motion is untimely. A motion for judgment on the pleadings may not be made against a defendant before the defendant has filed an answer and Plaintiff's t...

Excerpt: ...whole [; and] (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." Because this code section is mandatory and considers only the health of the moving party, the Court may not engage in a weighing of interests or comparison of potential prejudice to the opposing party once it finds that the moving party has made its showing. (Fox v. Superior Court (2018) 21 Cal.App.5th 5...

Excerpt: ...continue. The hearing on this motion will be CONTINUED to December 30, 2019, at 3:00 P.M. in Department 19, Administration Building (Third Floor), 1221 Oak Street, Oakland. A. Father Van Dinh's Clergy File. Plaintiff seeks production of certain documents maintained by RCBO as part of Fr. Van Dinh's "clergy file," which the parties both describe as containing the same kinds of personal information that may be included in employee personnel files. ...

Excerpt: ... that his agreement is unenforceable. For the reasons stated below, Plaintiff's motion is DENIED. This action shall be stayed pending a final determination at arbitration. LEGAL STANDARDS The Federal Arbitration Act ("FAA") (9 U.S.C. §§ 1 et seq.) embodies a "liberal federal policy favoring arbitration agreements, notwithstanding any state substantive or procedural policies to the contrary." (Moses H. Cone Memorial Hosp. v. Mercury Constr. Corp...

Excerpt: ...ests that constitute an undue burden to OUSD. OUSD's argument is that, by slightly varying the content and terms of the requests at issue. OUSD's examples include special interrogatories asking for all persons who "assisted in the preparation of" a board resolution, all persons who assisted in the preparation of the factual findings therein, and the official duties of all persons named in those answers. (Special Interrogatories Nos. 3-5, 8-10, 13...

Excerpt: ...83.310 ["An action shall be brought to trial within five years after the action is commenced against the defendant."].) On July 6, 2015, the Court set a trial date of July 15, 2016. On June 21, 2016, this was continued by stipulation to January 13, 2017. On January 4, 2017, that date was continued to January 26, 2018. On January 10, 2018, the trial date was dropped by stipulation. On May 1, 2018, the Court set a new trial date of April 26, 2019. ...

Excerpt: ...eement in its current form. In lieu of denying the motion, the hearing on this motion is CONTINUED to January 27, 2020, at 3:00 P.M. in Department 19, Administration Building (Third Floor), 1221 Oak Street, Oakland, to provide the parties an opportunity to revise the Settlement Agreement and provide supplemental material RIGHT TO ORAL OBJECTIONS SHOULD NOT BE WAIVED BY FAILURE TO OBJECT IN WRITING The class notice currently states that "even if y...

Excerpt: ...e treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed. [Citation.] Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation.]" (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Unless a heightened pleading standard applies, a complaint nee...

Excerpt: .... In their earlier motion, Petitioners argued that the Respondent's mechanic's lien is invalid because Respondent failed to give notice to a purported construction lender. The Court initially tentatively denied the motion but continued the motion to allow for an evidentiary hearing on contested issues of fact. In the Petition before the Court today, Petitioners seek relief solely on the separate grounds that Plaintiffs' action to enforce the lien...

Excerpt: ...(collectively "J&J"). Plaintiff alleges that Defendant is a "Talc Defendant." Plaintiff alleges that Defendant Rio Tinto Minerals, Inc., a Utah corporation, is the successor-in-interest, parent, alter ego, and equitable trustee of Rio Tinto Minerals, Inc., a Delaware corporation. Plaintiff alleges that all the named Defendants manufactured, sold, distributed, or otherwise placed into the stream of commerce talc powder products containing asbestos...

Excerpt: ...y approved the settlement agreement on July 10, 2019, and ordered the parties to give notice of the settlement to the absent class members. The Court CONFIRMS its Order of July 10, 2019, certifying a class for settlement purposes. The Court APPROVES the Settlement Agreement. The Court has considered (1) the relative strength of the Plaintiffs' case; (2) the high risk, expense, complexity, and likely duration of further litigation of this dispute;...

Excerpt: ...v. Proc. § 1005(b).) Plaintiffs served their motion papers on opposing counsel on October 29, 2019, and filed them with the Court on October 30, 2019. The noticed hearing on this motion is November 4, 2019. The motion was, in short, filed on the third Court day before the hearing. Furthermore, the settlement agreement purports to settle claims raised under the Labor Code Private Attorneys General Act of 2004 ("PAGA") (Lab. Code §§ 2698 et seq....

Excerpt: ...ies an opportunity to address concerns with the form of notice and contents of the proposed settlement agreement. The parties have submitted an Amended Settlement Agreement and revised class notice, and the Court now considers the sufficiency of those documents as revised. When no class has been certified, as is the case here, the Court must determine whether the case meets requirements for certification. (See Anchem Prods., Inc. v. Windsor (1997...

Excerpt: ... below, the motion is DENIED. LEGAL STANDARDS The purpose of summary judgment and adjudication procedures is to allow this Court to "cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute." (Miller v. Fortune Commercial Corporation (2017) 15 Cal.App.5th 214, 220, citing Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843.) Summary judgment is prope...

Excerpt: ... from an illness or condition raising substantial medical doubt of survival of that party beyond six months" and the Court finds that equitable factors support trial preference. (Code of Civ. Proc. ["CCP"] § 36(d).) "[T]he degree of a party's physical disability and relationship to imminence of death is not [a fact easily established as a certainty]." (Rice v. Superior Court (1982) 136 Cal.App.3d 81, 93.) "The courts . . . have discretion to rev...

Excerpt: ...sses with both motions at once. For the reasons discussed below, O'Reilly's motion is GRANTED, and Paccar's motion is GRANTED. LEGAL STANDARDS The purpose of summary adjudication procedures is to allow this Court to "cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute." (Miller v. Fortune Commercial Corporation (2017) 15 Cal.App.5th 214, 220, citing Aguil...

Excerpt: ...es to address the Court's concerns regarding this settlement. CLASS NOTICE SHOULD REFLECT THAT ABSENT CLASS MEMBERS MAY OBJECT AT FINAL APPROVAL HEARING WITHOUT SUBMITTING WRITTEN OBJECTION The Settlement Agreement (section 5.e.3.a) purports to require objectors to file and serve a written statement of objection within 60 days of the mailing of notice or waive their right to appear at the final approval hearing. The Settlement Agreement (section ...

Excerpt: ..."CCP"] § 2024.020(a).) The Court finds good cause to reopen discovery after the trial date was vacated, considering the factors in CCP 2024.050, subdivision (b)(1)-(4): Lynch has had no opportunity to conduct meaningful discovery into Pieretti's claims, Lynch has been diligent in attempting to contact Pieretti personally and through counsel; the prior trial date has been vacated; and this is the first time a trial date has been vacated or contin...

Excerpt: ... LEGAL STANDARDS The purpose of summary judgment procedures is to allow this Court to "cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute." (Miller v. Fortune Commercial Corporation (2017) 15 Cal.App.5th 214, 220, citing Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843.) Summary judgment is proper only when "there is no triable issue as to a...

Excerpt: ...ew of his billing records, those hours appear reasonably spent and necessary to the outcome of this litigation. PI2016 nevertheless opposes an award of fees in this matter on two grounds: first, that the Court cannot determine the prevailing party while an appeal is pending; and second, that the Court cannot award attorney fees under the contract because the Court's Order of June 17, 2019, held that PI2016 had not alleged a cause of action under ...

Excerpt: ...0(a)(1).) Such a motion may challenge either a plaintiff's compliance with statutory requirements for service of process or the Court's personal jurisdiction over the defendant. (See Greener v. Workers' Comp. Appeals Bd. (1993) 6 Cal.4th 1028, 1034.) This Court may exercise personal jurisdiction over a defendant "on any basis not inconsistent with the Constitution of this state or of the United States." (CCP § 410.10.) Due process requires that ...

Excerpt: ...t seek leave of this Court to file such a document. The proper place for arguments about the correct interpretation of evidence is in the memorandum of points and authorities or written objections. The Court hereby orders that Ford's "Reply Separate Statement of Undisputed Material Facts" be STRICKEN from the record as "not drawn or filed in conformity with the laws of this state, a court rule or an order of the court." (Code of Civil Procedure [...

Excerpt: ... in any other material way. The Court GRANTS Plaintiff leave to file the proposed SAC. The SAC is not deemed filed. Plaintiff must serve and file it on or before the twelfth calendar days following entry of this order. CONDITIONAL CERTIFICATION When no class has been certified, as is the case here, the Court must determine whether the case meets requirements for certification. (See Anchem Prods., Inc. v. Windsor (1997) 521 U.S. 591, 625-627.) The...

Excerpt: ...FAC on the grounds that it fails to state a claim and specially demurs on the grounds of uncertainty. (Code of Civ. Proc. § 430.10(e), (f).) AHS also moves to strike language from the Complaint as related only to Ridge's cause of action for race discrimination, which the Court already summarily adjudicated. For the following reasons, the demurrer is OVERRULED. The motion to strike is GRANTED IN PART AND DENIED IN PART. LEGAL STANDARD FOR DEMURRE...

Excerpt: ..., a listed chemical, as "naturally occurring" in cacao products based on a settlement entered in another case, As You Sow v. Trader Joe's Co. This Court has no evidence of the amounts naturally occurring in Defendant's raw ingredients, nor evidence that defendant here relies on the same sources or raw ingredients for its products as the defendants in As You Sow. Such information is necessary before the Court can find that the parties' consent jud...

Excerpt: ...eging the misappropriation of a trade secret . . . , before commencing discovery relating to the trade secret, the party alleging the misappropriation shall identify the trade secret with reasonable particularity . . . ." (CCP § 2019.210.) Discovery motions under this section are "not a procedural device to litigate the ultimate merits of the case-that is, to determine as a matter of law on the basis of evidence presented whether the trade secre...

Excerpt: ... to Di-(2-ethylhexyl) Phthalate ("DEHP") caused by Rogue Fitness's products in this state; (2) the number of, and severity of, such exposures, such as sales numbers; or (3) the economic effect of the penalty on Rogue fitness, such as revenue or profit figures. Plaintiff is ORDERED to file a supplemental declaration attesting under penalty of perjury that these requirements are met, if it can be so attested. Plaintiff is ORDERED to file this decla...

Excerpt: ...ent. The motion is DENIED. PROCEDURAL MATTERS Defendants' motion, as filed, lacks a memorandum of points and authorities. Every motion must include a memorandum of points and authorities. (Cal. R. Ct. 3.1112(a)(3).) In his opposition, Gu cites an unpublished case, Madick Ins. Servs. V. 3 Mark Fin., Inc. (Cal. Ct. App. March 5, 2014, Case No. B249500) 2014 WL852346. Such cases may not be cited for principles of law. (Cal. R. Ct. 8.1115(a), (b).) T...

Excerpt: ... that a party may seek a release order by noticed motion. ((1991) 228 Cal.App.3d 383, 385.) In that case, the Court of Appeal reasoned that "If a claimant has not yet imposed a lien or, having imposed it, has not yet sued to foreclose it, an owner's speediest remedy is through proceedings for injunctive or declaratory relief" but that "where a claimant has already brought an action to foreclose a lien, the owner may more easily file a motion in t...

Excerpt: ...alli, POCMC's Chief Operations Officer. The Complaint alleges 18 counts alleging a right to recover under a number of different legal theories. 1. misleading statement in sale of securities (Corp. Code §§ 25400(d), 25500) 2. untrue statement in sale of securities (Corp. Code §§ 25401, 25500) 3. failure to qualify offer of securities (Corp. Code §§ 25110-25113, 25503) 4. violation of the unfair competition law (Bus. & Prof. Code §§ 17200 e...

Excerpt: ...dants have requested to join in this motion: Kelly-Moore Paint Company, Inc.; Caterpillar, Inc.; Daimler Trucks North America LLC; Detroit Diesel Corporation; Ford Motor Company; Mack Trucks, Inc.; Navistar, Inc.; Borgwarner Morse TEC LLC; The Pep Boys - Manny Moe & Jack of California; Honeywell International, Inc.; Transwest Truck Center LLC; Cummins Inc.; DCo LLC; BWDAC, Inc.; Inland Kenworth, Inc.; PACCAR, Inc.; 3M Company; and Pneumo Abex LLC...

Excerpt: ... insurance companies assigned White 50% fault and denied her claims, resulting in physical, emotional, and financial harm to White. Keeton appears by general demurrer and denies that the Complaint is sufficient to state a cause of action for breach of contract. White has not filed papers in opposition. For the reasons stated below, Keeton's demurrer is SUSTAINED WITH LEAVE TO AMEND. PROCEDURAL MATTERS White's appearance on her own behalf does not...

Excerpt: ...s, the hourly fees plus a 0.5 enhancement). Defendants oppose, arguing that Yeh's attorney's hourly rate is unreasonable, that this litigation was unnecessary, that certain fees were not reasonably necessary to resolution of this case, and that fees incurred after Plaintiff accepted the Section 998 offer are not recoverable under the terms of that offer. The Court applies the "lodestar" methodology when calculating attorneys' fees under the Song-...

Excerpt: ...state a cause of action, namely: . The first cause of action for fraud by concealment; . The second of action for breach of the implied covenant of good faith and fair dealing; . The third cause of action for wrongful discharge in violation of public policy; . The fourth cause of action for violation of the Racketeering Influenced and Corrupt Organizations Act ("RICO") (18 U.S.C. § 1961); . The tenth cause of action for retaliation under Labor C...

Excerpt: ...leave, he received a letter informing him that his store was being restructured and that his position was to be eliminated on the same day he was due to return from leave. Walmart has answered by general denial. Bieker demurs. Of the Complaint's eleven causes of action, Castro asserts only two against Bieker: the third cause of action (for workplace harassment on the basis of age and disability), and the tenth cause of action for intentional or n...

Excerpt: ...t customer service in competition for insurance customers. Colony takes reasonable steps to maintain the confidentiality of these guidelines and may suffer unnecessary competitive harm if they were disclosed to the public or competitors. The Court finds that the claim handling guidelines submitted in support of Plaintiffs' opposition papers are confidential business information in which Colony has a legitimate and overriding privacy interest that...

Excerpt: ...'s prior owner, Edmund Chute, who then sold the property to Gorlick. Chute hired Dorgan to make extensive electrical improvements to the property to prepare it for use as an indoor cannabis cultivation facility. The FAC also asserts a right to recover the value of Dorgan's work in quantum meruit. Gorlick appears by general demurrer and requests that the Court take judicial notice of certain documents. In his demurrer, Gorlick objects that the FAC...

Excerpt: ...hout "evidence regarding the nature of his participation in the action, including a description of his specific actions and the amount to time he committed to the prosecution of the case." A Plaintiff requesting an incentive award must provide evidence regarding the nature of his participation in the action, including a description of his specific actions and the amount to time he committed to the prosecution of the case. (Clark v. American Resid...

Excerpt: ... age. Darden and co-defendant Olive Garden Holdings, LLC jointly move for an order compelling Martinez to submit to arbitration. For the reasons discussed below, the motion is GRANTED. LEGAL STANDARDS The Federal Arbitration Act ("FAA") (9 U.S.C. §§ 1 et seq.) embodies a "liberal federal policy favoring arbitration agreements, notwithstanding any state substantive or procedural policies to the contrary." (Moses H. Cone Memorial Hosp. v. Mercury...

Excerpt: ... their time. Plaintiffs argue that J-M waived its right to compel further deposition by failing to meet and confer during the original deposition and did not indicate on the record that it disagreed with the instruction. J-M did not waive its right to compel further answers-Plaintiffs' counsel clearly instructed McMains not to answer the questions and J-M is within its right to move to compel responses to bring the issue to the Court's attention....

Excerpt: ...on will refer to the corporation as the "Diocese" to avoid confusion with Bishop Barber. Defendant Father Neal Clemens is another priest employed by the Diocese. Fr. Dinh is not named as a defendant in this suit. Doe asserts the following seven causes of action against the Defendants: (1) sexual battery, (2) violation of the Bane Act (Civ. Code §§ 52, 52.1), (3) fraudulent misrepresentation, (4) intentional interference with prospective economi...

Excerpt: ...inancial condition of the defendant." (Civ. Code § 3295(a).) A plaintiff may not take discovery into these subjects "unless the court enters an order permitting such discovery . . . ." (Civ. Code § 3295(c).) The Ghattas Defendants object that Plaintiffs' motion (and any discovery allowed thereby) would occur after the discovery cut-off. (See Code of Civ. Proc. § 2024.020 ["Except as otherwise provided in this chapter, any party shall be entitl...

Excerpt: ... ("CCP") section 474. Kentucky Trailer moves to quash service of summons on the grounds that this Court lacks personal jurisdiction over it. Plaintiffs oppose and ask, in the alternative, that the hearing on this motion be continued to permit time for jurisdictional discovery. For the reasons detailed below, the hearing on this motion is CONTINUED to September 23, 2019, at 3:00 P.M. in Department 19, Administration Building (Third Floor), 1221 Oa...

Excerpt: ...of California ("UC") demurs to the First Amended Complaint. It demurs on its own behalf alone and not on behalf of the individual instructors named in the Complaint, because UC is immune from liability as a public entity and because the activities alleged in the FAC are, as a matter of law, not outrageous. For the reasons stated below, the demurrer is SUSTAINED WITH LEAVE TO AMEND. PROCEDURAL MATTERS In response to UC's demurrer to his original C...

Excerpt: ...estified at deposition to the same effect. He testifies that he and his first wife, Florence, picked up smoking Kent cigarettes in 1952 when they were new to the market and he was in Vallejo on leave from the Navy. He continued to smoke Kent brand cigarettes when he was reassigned to the USS Williamsburg in Washington, D.C. But Decedent also testified that, before he smoked Kent cigarettes, he smoked Salem cigarettes, and that he went back to smo...

Excerpt: ...ated at 530 24th Street in Oakland. Cohen and the LLC hired SG to be the property manager for the Apartments. This is a consolidated proceeding with two operative complaints, the Guerrero Third Amended Complaint ("GTAC"), which was filed December 13, 2018, and the Sabino Third Amended Complaint ("STAC"), which was filed June 15, 2018. Moving Defendants' arguments are directed only to the GTAC, which is the relevant pleading for purposes of this m...

Excerpt: ...n September 12, 2017. Junsay missed his rent payment due June 1, 2018, and made no further payments. The parties dispute when ELBP recovered possession of the Premises. According to Katie McKenna (ELBP's agent and property manager) , ELBP recovered possession in January 2019. According to Junsay, he quit the premises on August 26, 2018, in compliance with a 3-day notice to quit dated August 23, 2018. The 3-day notice listed an amount owed of $7,1...

Excerpt: ...unds that Plaintiffs J.B. Butler and C.A. Blanton ("Minor Plaintiffs") are both under the age of 14. Defendant DCo, LLC does not object to trial date so long as it is at least 120 days from the hearing on this motion or orders expedited discovery from Plaintiffs. Defendant Honeywell International joins DCo's conditional non-opposition. Defendant Utility Trailer Manufacturing Co. opposes. Defendant Cummins, Inc. also opposes. Defendant BorgWarner ...

Excerpt: ...END. The motion to strike is GRANTED WITH LEAVE TO AMEND. LEGAL STANDARDS The standard for construing a complaint on demurrer is long-settled: "We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed. [Citation.] Further, we give the complaint a reasonable interpretation, reading it as a whole and its...

Excerpt: ...on the grounds that the allegations of conspiracy tying Kobler to these causes of action are deficient and unspecific. For the reasons stated below, the motion is GRANTED as to the First, Third, and Sixth causes of action (for quiet title) and otherwise DENIED. MEET-AND-CONFER REQUIREMENT Under Code of Civil Procedure ("CCP") section 439(a), a party moving for judgment on the pleadings is required to meet and confer with his counterparty at least...

Excerpt: ...ony issued Kruck a commercial general liability insurance policy. The policy contained a Contractors Coverage Limitations and Audit endorsement. That endorsement expanded the policy's exclusion for bodily injuries to employees to also exclude "'bodily injury' to: (1) an 'employee' or 'temporary worker' of any insured arising directly or indirectly our of: (a) employment by any insured; or (b) performing duties related to the conduct of any insure...

Excerpt: ...mmons on the grounds that this Court lacks personal jurisdiction over it. Plaintiffs oppose. This matter came for hearing on June 26, 2019, and the motion hearing was continued to July 22, 2019, to allow time for discovery into jurisdictional issues. As permitted under the order continuing this hearing, Plaintiff offers a supplemental brief and supplemental evidence. Cummins offers a supplemental reply brief. For the reasons discussed below, the ...

Excerpt: ... to allow the parties an opportunity to address concerns with the form of notice and contents of the proposed settlement agreement. The parties submitted a Revised Settlement Agreement and revised class notice on June 19, 2019, and the Court now considers the sufficiency of those documents as revised. When no class has been certified, as is the case here, the Court must determine whether the case meets requirements for certification. (See Anchem ...

Excerpt: ... staying further litigation this action and compelling the dispute to arbitration. Limebike argues that this action is covered by its agreement with Torres to arbitrate "any and all disputes among them exclusively through final and binding arbitration." (Decl. of C. McMahon, Ex. A, ¶ 13.) Limebike claims that at leas two disputes are arbitrable: (1) whether Torres is entitled to injunctive relief, and (2) whether Torres is an "aggrieved employee...

Excerpt: ...elow, the requests for joinder by the 530 LLC, SGRE, the Ghattases, and Zumot are DENIED. Gomez's motion is DENIED. JOINDER IN MOTIONS Although there is no statutory provision allowing for joinder in another party's motion, general practice allows a party may join in another party's motion. Such a joinder must be brought and noticed as a separate motion and is proper only when the factual grounds for relief for the joining party are the same as t...

Excerpt: ...missing all claims except those arising under the Labor Code Private Attorneys General Act of 2004 ("PAGA") (Labor Code §§ 2698 et seq.). Defendant Premier Valley, Inc. moves for transfer venue of this action under Code of Civil Procedure section 396b to Stanislaus County. Premier Valley argues that no defendant is domiciled in Alameda County and that Whitlach's claims arose in Stanislaus County because he was employed there. In a separate fili...

Excerpt: ...r dismissed) and serving a seven-day notice to quit or remove Plaintiffs' dogs from the premises. Defendants now move to strike the allegations and demand for punitive damages and each of the causes of action in the Complaint. The challenged causes of action are counts that purport to state a right to recover under the following legal theories: (1) negligence; (2) nuisance; (3) violation of Civil Code ["CC"] sections 1941, 1941.1, 1942.5 and Heal...

Excerpt: ... certified, as is the case here, the Court must determine whether the case meets requirements for certification. (See Anchem Prods., Inc. v. Windsor (1997) 521 U.S. 591, 625-627.) The concerns of manageability and due process for absent class members, which counsel against class certification in a trial context, are eliminated or mitigated in the context of settlement. (Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1807 fn. 19.) Class certif...

Excerpt: ...reek, respectively. Judge Warren issued his decision and award on February 20, 2019, awarding no damages to either party. Clark petitioned the Court to vacate the arbitration ward on May 29, 2019. The stated grounds for vacation are that Judge Warren failed to comply with California Rules of Court, Ethical Standards for Neutral Arbitrators in Contractual Arbitration, Standard 12 ("Standard 12"), and that his award contains obvious and manifest er...

Excerpt: ...of Ramos on April 18, 2018. On an unopposed motion by Nationwide, the Court ordered the Lemus and Mendez actions consolidated for all purposes on July 30, 2018. Plaintiff Michelle Carter filed another case on February 15, 2019, alleging that she was injured in the same accident. (RG19007188.) Nationwide, as defendant- intervenor, now moves to consolidate the Carter case with the already-consolidated Lemus/Mendez case. Plaintiffs Lemus and Carter ...

Excerpt: ...or by the act of the creditor from paying the debt." (Civ. Code § 3287(a).) An amount is "certain" or "capable of being made certain by calculation" only when the defendant actually knows the amount owed or could have accurately computed it based on information reasonably available to it. (Children's Hosp. & Med. Ctr. v. Bonta (2002) 97 Cal.App.4th 740, 774; Howard v. Am. Nat'l Fire Ins. Co. (2010) 187 Cal.App.4th 498, 535; Watson Bowman Acme Co...

Excerpt: ...xchange ("CCIE"), Mark Barteld, and Jill Krovitz demur to the second cause of action (intentional infliction of emotional distress). Defendants argue that the FAC fails to allege facts giving rise to a cause of action, and the Barteld and Krovitz ("Adjusters") argue that they are misjoined. For the reasons discussed below, the demurrer is SUSTAINED WITH LEAVE TO AMEND. PROCEDURAL MATTERS The Code of Civil Procedure ("CCP") requires parties to mee...

Excerpt: ...fice with documents and a computer disc containing medical records on May 8, 2019, the date specified in the request for production of documents. He allowed his documents to be copied. Safeway offers a statement of counsel that it never received verified responses to these requests as of the time it filed its motion papers. Novack is encouraged to seek representation from a competent personal injury attorney to avoid further delay or prejudice to...

Excerpt: ...hicles' warranties had expired. It further alleges that Alani owns a 2012 model-year Sorento, which he purchased new in February 2012 and took it in for engine repairs in March 2015, August 2017, April 2018, June 2018, and August 2018. The Complaint also alleges that, in October 2018, KMA sent a letter to the owners of all 2012 Kia Sorentos (among model years and other models with the same engine). The letters informed the owners of a "Product Im...

Excerpt: ...ntiff was granted leave to file a First Amended Complaint on May 14, 2019, but has not yet filed the Complaint. The Court further notes that neither defendant has made an appearance in this case. Also, the Settlement Agreement purports to settle PAGA claims, which are not asserted in the currently operative Complaint. Plaintiff was granted leave to file a First Amended Complaint on May 14, 2019 but has not yet done so. The Court is not inclined t...

Excerpt: ...mmons on the grounds that this Court lacks personal jurisdiction over it. Plaintiffs oppose. LEGAL STANDARDS "A defendant . . . may serve and file a notice of motion . . . [t]o quash service of summons on the ground of lack of jurisdiction of the court over him or her." (Code of Civ. Proc. ("CCP") § 418.10(a)(1).) This motion challenges either a plaintiff's compliance with statutory requirements for service of process or the Court's personal jur...

Excerpt: ...l steroid injection. As a result of that injection, Plaintiff allegedly suffers chronic pain and loss of vision in her right eye. MacLean was named as a defendant in this case but dismissed without prejudice on November 1, 2018. The remaining defendants (KFHI, KFHP, and PMG) now move to transfer venue to Santa Cruz County, where Watsonville sits, on grounds that it would be more convenient for the witnesses and would serve the interests of justic...

Excerpt: ...to arrears on his loan. Bea applied for a loan modification from SPS and Chase in late 2018, and SPS and Chase allegedly decided to offer him a "trial period plan" for a loan modification. But SPS and Chase allegedly did not communicate this approval to Bea by telephone (as he had requested) or by mail. If he had received the offered trial payment plan, he allegedly would have availed himself of the opportunity. After Bea failed to make his payme...

Excerpt: ...gues that no defendant is domiciled in Alameda County and that Whitlach's claims arose in Stanislaus County because he was employed there. Defendant Century 21 seeks to join Premier Valley's motion. The Complaint originally purported to seek damages and restitution on behalf of a plaintiff class, but the Court adopted a stipulated order on June 5 dismissing all claims except those seeking civil penalties under the Labor Code Private Attorneys Gen...

Excerpt: ...y in favor of his employer's workers' compensation insurance can be finalized. Defendants URS Midwest, Inc., United Road Services, Inc., Lisa D. Romero (both individually and doing business as "LDK Trucking"), and Jonathan Michael Murray oppose. For the reasons discussed below, the motion is DENIED. PROCEDURAL MATTERS Motion papers must be served and filed at least sixteen court days before the hearing. (Code of Civil Procedure ["CCP"] § 1005(b)...

Excerpt: ...l 4, 2019. Colony seeks only to seal five pages (pages 201 through 205 of the Opgenorth Declaration) containing Colony's Claim Handling Guidelines. Colony provides evidence that the information in these pages is not generally known to the public or to Colony's competitors in the insurance market. Colony views these guidelines as part of its competitive advantage for providing efficient customer service in competition for insurance customers. Colo...

Excerpt: ...ent was expressly conditioned on court approval by the bankruptcy court, which it granted. Nevertheless, Anabo and PI2016 did not close the transaction, and Anabo received court approval to sell the Property to Defendants Mansour Ghanbari and Danny Leung. Defendant Tony Anabo demurs to the Third Amended Complaint on the grounds that it still fails to state a cause of action. Defendants Ghanbari and Leung demur on grounds that they are not proper ...

Excerpt: ...is GRANTED for the convenience of witnesses under section 397, subdivision (c). Best Buy is ORDERED to pay the costs of transfer. LEGAL STANDARDS On timely motion before the deadline for a defendant's responsive pleading, the Court must transfer venue if it is "not the proper court" to hear an action under the venue statutes. (Code of Civil Procedure ["CCP"] § 396b.) The Court has discretion to order that the place of trial be changed to another...

Excerpt: ...fendants oppose. Cross-Defendant Michael Vinding specially moves to strike Defendants' Cross- Complaint as a strategic lawsuit against public participation ("SLAPP") under Code of Civil Procedure section 425.16. Defendants oppose. For the reasons discussed below, Defendants motion for reconsideration is DENIED, HOA's demurrer is OVERRULED and its alternative motion to strike is DENIED. Vinding's special motion to strike is DENIED AS MOOT and Defe...

Excerpt: ... facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed. [Citation.] Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation.]" (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) "Liberality in permitting amendment is the rule, if a fair opportunity to correct any defect has not been gi...

Excerpt: ...t seq.) and the derivative claims/remedies in causes of action two (accounting) and four (injunction), implicate the California Public Utilities Commissions' exclusive jurisdiction and are thus barred by Pub. Util. C. § 1759. (See Hartwell Corp. v. Superior Court (2002) 27 Cal.4th 256; San Diego Gas & Elec. Co. v. Superior Court (Covalt) (1996) 13 Cal.4th 893; Davis v. S. California Edison Co. (2015) 236 Cal.App.4th 619.) Although the scope of t...

Excerpt: ...) 134 Cal.App.4th 997, 1006.) Plaintiffs allege harm in the form of diminution in value of their taxi medallions, caused by Uber's unfair competition, but seek disgorgement of Uber's profits, and fail to allege facts showing that Plaintiffs ever possessed, or had a vested ownership interest in, the profits received by Uber. (Id. at 1016 [diminution in value of stock held by plaintiffs due to misrepresentations of defendant was not recoverable as ...

Excerpt: ... of Civil Procedure ("CCP") section 998 (hereafter, "998 Offers"). When a defendant makes a 998 offer, the Plaintiff rejects the offer, and the Plaintiff fails to receive a more favorable judgment, then the Court has discretion to award, "in its discretion, . . . a reasonable sum to cover postoffer costs of the services of [outside] expert witnesses . . . actually incurred and reasonably necessary [to the defendant's case] . . . ." (CCP §998(c)(...

Excerpt: ...as appeared in the action but has not paid the complex case fee is required to pay the fee within ten days of the filing of this order. The complex case fee is $1,000 for each plaintiff or group of plaintiffs appearing together and $1,000 PER PARTY for each defendant, intervenor, respondent or other adverse party, whether filing separately or jointly, up to a maximum of $18,000 for all adverse parties. All payments must identify on whose behalf t...

Excerpt: ...he allegations." (C.C.P. §§ 431.10(b)(3), (c).) The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. (C.C.P. § 437.) WHETHER SAFETY CLAIMS ARE PUFFERY AS A MATTER OF LAW. Defendant seeks to strike paragraphs 34-50, which concern "driver safety," on the grounds that the alleged statements in paragraphs 34-43 constitute puffery as a matte...

Excerpt: ...for motions to strike. Some aspects of the proposed motion to strike do not appear to have much merit. For example, the question of puffery is a question of fact that is rarely disposed of at summary adjudication, let alone on the pleadings. Similarly, whether a statement is "false and misleading" may not be amenable to resolution at the pleadings stage. In addition, the court questions how the proposed motion will advance these proceedings if it...

Excerpt: ...Decl. Ex. A; 3. Decl. of W. Stern Supp. Def.'s Oppn. to Class Certification ["W. Stern Decl."], Ex. EE [Decl of J. Stricchiola]; 4. W. Stern Decl. Ex. CC [Declaration of Terry Lloyd]; 5. Opposition Brief, portions of p.9 ln. 16, p.10 ln. 11, and p.14 lns. 4-5; and 6. Pls.' Objs. to Def.'s Evid. at Class Certification, Obj. 19 at p. 42 lns. 25-27, and p.43 lns. 2-11, 14-15, 17-18, and 19-23. The Court finds that the documents submitted in oppositi...

Excerpt: ...rm is safer than other automobile transportation services, that riders do not have to tip their Uber drivers because the tip is included in the fare, and that Uber stated it could pick up and drop off passengers at San Francisco International Airport ("SFO") and Los Angeles International Airport ("LAX") when they did not have legal authorization to do so. Plaintiffs have testified that, since Uber entered the market, they now work longer hours to...

Excerpt: ...enged litigation tactic is the "making or opposing of a written motion or the filing and service of a complaint, cross-complaint, answer, or other responsive pleading that can be withdrawn or appropriately corrected." (CCP § 128.5(f)(1)(B).) A party moving for sanctions under Section 128.5 must serve their motion papers as usual, but shall not file them with the Court for 21 days or another time set by Court order. (Ibid.) If, after the safe har...

Excerpt: ...il Procedure ("CCP") section 438(c)(1)(B)(ii) "performs the same function as a general demurrer[] and hence attacks only defects disclosed on the face of the pleadings or by matters that can be judicially noticed." (Burnett v. Chimney Sweep (2004) 123 Cal.App.4th 1057, 1064; see Fire Ins. Exchange v. Superior Court (2004) 116 Cal.App.4th 446, 452; Ponderosa Homes, Inc. v. City of San Ramon (1994) 23 Cal.App.4th 1761, 1767- 1768.) Like a general d...

Excerpt: ...arty to meet and confer by telephone prior to filing the demurrer and file and serve a declaration with the demurrer regarding the meet and confer process and outcome. Both parties should comply with the statutory requirements in future. The demurrer to Plaintiffs' first cause of action for interference with prospective economic advantage is SUSTAINED WITH LEAVE TO AMEND, for Plaintiffs to allege, if they may do so in good faith, an existing econ...

Excerpt: ...) 134 Cal.App.4th 997, 1006.) Plaintiffs allege harm in the form of diminution in value of their taxi medallions, caused by Uber's unfair competition, but seek disgorgement of Uber's profits, and fail to allege facts showing that Plaintiffs ever possessed, or had a vested ownership interest in, the profits received by Uber. (Id. at 1016 [diminution in value of stock held by plaintiffs due to misrepresentations of defendant was not recoverable as ...

Excerpt: ...b) failure to pay minimum wages, (c) failure to provide meal and rest breaks, (d) failure to provide accurate wage statements, (e) failure to maintain accurate payroll records, (f) failure to pay all wages earned, (g) failure to pay earned wages at termination, (h) failure to provide one day's rest in seven, (i) failure to provide reporting time pay, (j) failure to provide adequate seating, (k) failure to reimburse for necessary business expenses...

Excerpt: ...bers. The motion for final approval was heard on March 21, 2019, and continued to today because of the Court's concerns regarding insufficient service of class notice. Class counsel, acting as settlement administrator, has declared that he has since identified mailing addresses for the remaining un-notified class members and has transmitted class notice. Counsel further reports that none of these four class notices has been returned as undelivera...

Excerpt: ... except" those specifically denied. (Answer at p.1, ¶ 2.) The only substantive assertion in the answer is that Phetphomassouk "do[es] not have enough income to make payment." Phetphommasouk has not filed papers opposing this motion. He is encouraged to seek counsel experienced in debt collection defense to avoid future prejudice to his case. For the reasons stated below, BANA's motion is GRANTED WITH LEAVE TO AMEND. LEGAL STANDARDS A plaintiff m...

Excerpt: ...fication and preliminary approval of class action settlement is hereby CONTINUED to Monday, July 15, 2019, at 3:00 P.M. A. Written objections should not be required to appear at hearing The parties' Stipulation and Settlement Agreement ("Settlement Agreement"), in paragraph 4.4.1, purports to require objectors to submit a written statement of objection within 60 days of the mailing of notice or waive their right to appear at the final approval he...