Excerpt: ...trong admonition that if the defects identified in Defendant's motion and in this order are repeated, the court is unlikely to allow further amendment. Plaintiff is urged to seek legal counsel. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, 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,...

Excerpt: ...n 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 the parties of the manner in which the hearing will be conducted in advance of the hearing. If not timely contested, and the ten...

Excerpt: ...er 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 Tuesday, August 25, 2020, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Plaintiff allege that he was injured at the City of Berkeley Transfer Station on November 21, 2018. The injury apparently was caused by "two men in the truck" and invo...

Excerpt: ...the parties to participate in the hearing via Bluejeans in advance of the 8/25/2020 hearing date. In order to facilitate the discussion at the 8/25/2020 hearing, the Court provides the following substantive Tentative Ruling on the parties' respective motions. Defendants Global Quality Foods, Inc. et al's ("Defendants") Motion to Disqualify plaintiff Dzung Nguyen's ("Plaintiff") attorney H. Paul Bryant is GRANTED. Defendants have established that ...

Excerpt: ...ssed the Court's concerns. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, August 25, 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, August 21, 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 m...

Excerpt: ... parties to participate in the hearing via Bluejeans in advance of the 8/25/2020 hearing date. In order to facilitate the discussion at the 8/25/2020 hearing, the Court provides the following substantive Tentative Ruling on the Demurrer and Motion to Strike. The Court SUSTAINS IN PART and OVERRULES IN PART Defendant's Demurrer as set forth below. The Court DENIES Defendant's Motion to Strike in its entirety as set forth below. Plaintiff's Complai...

Excerpt: ...sing out of a "trip-and-fall" personal injury to Plaintiff outside of a Safeway supermarket on Shattuck Avenue in Berkeley, California. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, August 25, 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 21, 2020, the contesting party must email [email protected]....

Excerpt: ...e of the hearing. In order to facilitate discussions at the hearing, the Court issues the following Tentative Ruling. The Application for RAO is DENIED WITHOUT PREJUDICE. Plaintiff has not established the "probable validity" of its claims against defendant Indigo Dye Group Corp. ("Defendant"). LAW RE: ISSUANCE OF RIGHT TO ATTACH ORDERS Attachment is a prejudgment remedy pursuant to which an alleged creditor's right to obtain a Right to Attach Ord...

Excerpt: ...he parties to participate in the hearing via Bluejeans in advance of the 8/25/2020 hearing date. In order to facilitate the discussion at the 8/25/2020 hearing, the Court provides the following substantive Tentative Ruling on the parties' respective motions. Defendants Global Quality Foods, Inc. et al's ("Defendants") Motion to Disqualify plaintiff Dzung Nguyen's ("Plaintiff") attorney H. Paul Bryant is GRANTED. Defendants have established that a...

Excerpt: ... PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, August 11, 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 7, 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 t...

Excerpt: ...on Tuesday August 11, 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 Tuesday , August 4, 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 advi...

Excerpt: ...hearing on this Motion will be conducted on Tuesday, August 11, 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 Tuesday, August 4, 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 ...

Excerpt: ...hibits A and B to Defendant's joint declaration. However, the Court finds that Defendants unreasonably delayed in bring this Motion. Therefore, the Court ORDERS Defendants to pay Plaintiff's actual costs and legal fees incurred by Plaintiff for the preparation and filing of Plaintiff's Motion for Summary Judgment or, in the alternative, Summary Adjudication filed on 5/1/2020 in this action (the "MSJ/MSA"). The Court instructs Plaintiff at or befo...

Excerpt: ...ff and defendant Peet's Coffee & Tea, LLC ("Peets") in opposition to the MSJ/MSA present evidence sufficient to create triable issues of material fact regarding whether defendant TGLG, Inc. dba Bloomin' Blinds ("TGLG") was an agent of Defendant as of 10/27/2016 when TGLG last serviced the at-issue window shade. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, August 4, 2020 at 9:00 a.m...

Excerpt: ...16/2020 hearing date. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, August 4, 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, July 31, 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: ...will be conducted on Wednesday July 29, 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, July 24, 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 ...

Excerpt: ...t. (2020) 9 Cal.5th 279 regarding whether Defendants are entitled to a jury trial, would accommodate the ends of justice or promote the orderly conduct of these proceedings. (OTO, LLC v. Kho (2019) 8 Cal.5th 111, 141.) As plaintiff People of the State of California ("Plaintiff") states in Opposition, Defendants' requested continued stay differs from the previous stay granted by the Court during the pendency of Plaintiff's appeal in the California...

Excerpt: ... conducted on Tuesday, July 28, 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 Tuesday, July 21, 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 w...

Excerpt: ...6 days either prior to the current 7/27/2020 hearing date or the continued 8/31/2020 hearing date. The Court was unable to find any proof of service or evidence of that Plaintiffs have provided proper notice of the final approval hearing on the LWDA. The Court ORDERS Plaintiffs to file a supplemental declaration and/or proof of service at least five (5) days in advance of the continued 8/31/2020 hearing date, evidencing timely service of the Moti...

Excerpt: ... conducted on Tuesday, July 28, 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 Tuesday, July 21, 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 w...

Excerpt: ...2676935. The Court will advise the parties of the manner in which the hearing will be conducted in advance of the hearing. The Court provides the following discussion in order to advise the parties of the Court's tentative positions with respect to the Motions. THE MOTION TO QUASH The Court is inclined to grant the Motion to Quash on the following terms. The Court finds that Plaintiff's privacy interests in her medical records are such that produ...

Excerpt: ...2676935. The Court will advise the parties of the manner in which the hearing will be conducted in advance of the hearing. The Court provides the following discussion in order to advise the parties of the Court's tentative positions with respect to the Motions. THE MOTION TO QUASH The Court is inclined to grant the Motion to Quash on the following terms. The Court finds that Plaintiff's privacy interests in her medical records are such that produ...

Excerpt: ...milar, they are based on Labor Code violations separate and distinct in time. In Reply, Plaintiffs present no evidence to support a finding that the respective claims against each employer defendant are properly joined in a single action. Nevertheless, the Court grants Plaintiffs leave to file and serve a renewed Motion if Plaintiffs believe they can present evidence showing that it would be appropriate to join both employer defendants in a singl...

Excerpt: ...ividuals was a "direct consequence" of Plaintiff's discharge of his duties as an officer, director and employee of defendants Fabricated and CCKX. Plaintiff may file and serve a Second Amended Complaint no later than Friday, August 7, 2020. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, July 21, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LA...

Excerpt: ... advise the parties of the manner in which the hearing will be conducted in advance of the hearing. The Court provides the following discussion in order to advise the parties of the Court's tentative positions with respect to the Motions. THE MOTION TO QUASH The Court is inclined to grant the Motion to Quash on the following terms. The Court finds that Plaintiff's privacy interests in her medical records are such that production of her medical re...

Excerpt: ...g rates, so that the Court may perform the required lodestar analysis. Further, Plaintiffs must submit evidence regarding the amount of time they have expended in this matter, so that the Court may determine the reasonableness of the requested class representative service awards. Plaintiffs reserved a hearing date for the Fees Motion. However, as of the date of this Ruling, the Court has no record that any such motion has been filed or served. Th...

Excerpt: ... IN PART and OVERRULED IN PART as set forth in detail below. Cross- Complainants may file and serve a Second Amended Cross-Complaint no later than Friday, July 31, 2020, consistent with this Order. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, July 14, 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, July 10, 2020, ...

Excerpt: ...position and other documents in the Court's file. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Wednesday July 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 on Friday, July 10, 2020, contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any reque...

Excerpt: ...ly 14, 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 Tuesday, July 7, 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 ...

Excerpt: ...erefore, Defendant has breached the Settlement Agreement by failure to timely pay the negotiated settlement amount. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, July 7, 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 7/1/2020 hearing date (exclude Saturday, Sunday and national holidays...

Excerpt: ... # 5102576935. The parties have already requested a hearing. The Court will advise the parties of the manner in which the hearing will be conducted in advance of the 7/7/2020 hearing. In order to facility the discussions at the hearing, the Court issues the following Tentative Ruling: Defendant's Motion is GRANTED IN PART and DENIED IN PART. Defendant's Motion to Dismiss is DENIED. Defendant's Motion to Stay Action on forum non conveniens grounds...

Excerpt: ...alifornia Fair Employment and Housing Act ("FEHA") are OVERRULED. ¶ 9 of the FAC is an adequate allegation of Plaintiff's compliance with statutory FEHA exhaustion of administrative remedies requirements. (Parthemore v. Col (2013) 221 Cal.App.4th 1372, 1379.) The Demurrer to the FAC's Third Cause of Action for Negligent Infliction of Emotional Distress is SUSTAINED WITHOUT LEAVE TO AMEND. Plaintiff's claim for emotional distress damages in conne...

Excerpt: ...erefore, Defendant has breached the Settlement Agreement by failure to timely pay the negotiated settlement amount. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, July 7, 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 7/1/2020 hearing date (exclude Saturday, Sunday and national holidays...

Excerpt: ...rs its final decision, there is no controlling law on the basic claim of plaintiff Margarita Felix's ("Plaintiff") class action complaint; and a Stay of proceedings until the Supreme Court renders a final decision will not significantly prejudice either party. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, July 9, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tent...

Excerpt: ...ntest the tentative ruling, NO LATER than 4:00 PM on Friday, June 26, 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...

Excerpt: ...ve ruling, NO LATER than 4:00 PM on Friday, June 26, 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 ...

Excerpt: ...00(a) Motion to Withdraw or Amend their deemed admissions to Plaintiff's First Sets of Requests for Admissions (the "RFAs') pursuant to the Court's 4/30/2019 Order in this action under the following conditions. Defendants may serve and file their Motion to Withdraw or Amend their deemed RFA admissions no later than Thursday, July 2, 2020, with a hearing on the Motion to Withdraw or Amend to be heard on Tuesday, August 4, 2020 at 9:00 a.m. Defenda...

Excerpt: ...cond Cause of Action for Accounting, the Fourth Cause of Action for Conversion and the Sixth Cause of Action for Tortious Interference with Contractual Relations. The Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the Third Cause of Action for Fraud and the Fifth Cause of Action for Declaratory Relief. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, June 30, 2020 at 9:00 a.m. in D...

Excerpt: ...ement" (the third page of Greenspan Dec. Exh. A). The two-paragraph document is not a binding arbitration agreement because it nowhere states what "covered claims" the parties are agreeing to arbitrate. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, June 23, 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 pr...

Excerpt: ...T THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, June 23, 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 5/27/2020 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...

Excerpt: ...esting 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 fina...

Excerpt: ...e 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 timely contested, and the tentative ruling ...

Excerpt: .... 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM TWO (2) COURT DAYS prior to the current 5/18/2020 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 i...

Excerpt: ...uired by 15 U.S.C. §§ 1681 et seq. and Cal. Civil Code §§ 1786 et seq. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, June 9, 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 5/27/2020 hearing date (exclude Saturday, Sunday and national holidays) contesting party must email dept.19@al...

Excerpt: ...ding within ten (10) days from the date of entry of the Court's final Order on this Motion. The Court ORDERS notice of entry of the final Order on the Motion to Set Aside Default waived, which final Order may be accessed on the Court's Domain website. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, June 9, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative rul...

Excerpt: ...H&S") § 25249.7(b)(2). Plaintiffs' Complaint alleges that defendant Plano Synergy Holding, Inc. ("Defendant") sold and/or distributed fishing nets and fishing tackle "blade bags" containing unsafe levels of di(2-ethylhexyl) phthalate (DEHP), a regulated chemical known by the State of California to cause cancer and reproductive harm, without providing the warnings required by Proposition 65, as codified at H&S §§ 25249.5 et seq. The proposed se...

Excerpt: ...d at Bus. & Prof. Code § 7000 et seq.. Both parties have submitted additional briefing and evidence with respect to this specific issue. Having considered the parties' additional argument and evidence, the Court GRANTS Defendant's Motion for Summary Judgment. The evidence is undisputed that Plaintiff, an individual, did not possess a valid contractor's license at all times that he worked on the relevant construction project through May 24, 2018,...

Excerpt: ...fter 4:00 p.m., less than one hour under Court rules for the papers to be considered filed on 1/27/2020, the last permissible day for file the Challenge under § 170.6(a)(2). In light of all the circumstances and the Supreme Court's recent re-admonition that 170.6 challenges should be "liberally construed in favor of allowing a peremptory challenge, and a challenge should be denied only if the statute absolutely forbids it," the Court finds it ap...

Excerpt: ...ce to the LWDA of the Tuesday, 6/16/2020 hearing at 9:00 a.m. in Dept. 19 and to fax file an appropriate proof of service prior to the hearing showing notice of the hearing date to the LWDA. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, June 16, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM TWO (2) COURT DAYS prior to the c...

Excerpt: ...See Davenport v. Litton Loan Servicing LP (ND Cal. 2010) 725 F.Supp.2d 862, 879; Paslay v. State Farm (2016) 248 Cal.App.4th 639, 657; and Teselle v. McLoughlin (2009) 173 Cal.App.4th 156, 174.) Further, Plaintiff's Fourth Cause of Action must expressly allege that Plaintiff is an "elder" within the meaning of Welfare & Institutions Code ("W&I") § 15610.27, i.e., that Plaintiff is at least 65 years old. The Court ORDERS Plaintiff to file and ser...