Excerpt: ...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 original 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. The 6/16 hearing will most likely be conducted ...

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: ... 9, 2020 at 9:00 a.m. in Dept. 19. The continued 6/9/2020 hearing will most likely be conducted using the Blue Jeans Network, password # 5102676935. However, the Court will advise the parties prior to the hearing of the manner in which the hearing will be conducted. Plaintiff, the owner of a home in Oakland, alleges causes of action against defendant mortgage servicers under the California Homeowners' Bill of Rights, breach of contract, negligenc...

Excerpt: ...ample a proof of service, showing that the LWDA was served with the moving papers at least sixteen (16) court days, plus time for service, before the hearing. Additionally, the Proposed Settlement Agreement and Class Notice contain defects with must be addressed in any re-noticed Motion, as set forth below. The parties will note that much of the following constitutes preliminary analysis of the moving papers and the Settlement Agreement, much of ...

Excerpt: ...ed herein and also a privilege log complying with the requirements of CCP § 2031.240(c). Plaintiff's Motion seeks to compel production of documents responsive to its Document Requests Nos. 2, 3, 13, 17, 19, 48, 65, 66, 70, 71 and 72 to Defendant. Further, the parties have met and conferred extensively regarding the scope of discovery Plaintiffs seek, and an Informal Discovery Conference ("IDC") was conducted regarding this discovery on 10/24/201...

Excerpt: ...pretextual. LAW RE: DEPOSITION DISCOVERY CCP § 2025.290(a) provides that, subject to certain exceptions listed in subsection (b), "a deposition examination of the witness by all counsel, other than the witness' counsel of record, shall be limited to seven hours of total testimony." However, subsection (b) creates an exception for "(4) To any case brought by an employee or applicant for employment against an employer for acts or omissions arising...

Excerpt: ...lameda 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. LAW RE: DISCOVERY OF PRIVATE MATTERS: EMPLOYEE DISCIPLINARY RECORDS AND CONTACT INFORMATION "The state Constitution expressly grants Californians a right of privacy. (Cal. Const., art. I, § 1.) Protectio...

Excerpt: ...nction, the court weighs two interrelated factors: (1) the likelihood that the moving party will ultimately prevail on the merits; and (2) the relative interim harm to the parties from issuance or non-issuance of the injunction. The court's determination is guided by a mix of the potential merit and interim harm factors; the greater the plaintiff's showing on one, the less must be shown on the other to support an injunction. (Butt v. State of Cal...

Excerpt: ...nvolves Plaintiff's claim that Defendant defaulted on a credit card agreement. On or about 9/26/2019, Defendant executed a Stipulation Agreement pursuant to which Defendant stipulated to "entry of judgment in favor of [Plaintiff] ... in the amount of $4,157.05," which amount included courts costs and credited to Defendant a $254.00 payment previously made by Defendant to Plaintiff. (Moving Brumage Dec. Exh. 1 at ¶ 1.) The Stipulation Agreement f...

Excerpt: ...ment Requests Nos. 1- 10, listed in the revelent Deposition Subpoena Duces Tecum. (See Exh. 1 to Moving Tengberg Dec.) Mr. Namburu was an employee of B2B and worked for the company in or around July 2018. ¶ 37 of defendant and cross-complainant Anusha Mandadi's ("Defendant") First Amended Cross-Complaint, filed on 6/5/2019 in this action (the "FACC"), alleges that on or around 7/25/2018, one of B2B's employees, at the instruction of B2B's CEO Ma...

Excerpt: ...dant shall have until Wednesday, April 15, 2020 to file an Answer or other responsive pleading. The Court agrees that the SAC may not properly name insurer CSAA as a defendant. However, it is unclear whether Defendant or her attorney has standing to challenge the SAC on behalf of CSAA, where the Demurrer appears to be brought solely on behalf of Defendant. Nevertheless, the SAC is vague, ambiguous and uncertain, and the Court SUSTAINS Defendant's...

Excerpt: ... party, is entitled to recover attorney's fees and costs incurred in defending its rights under the Note and Deed of Trust at issue in this case and pursuant to Civil Code section 1717. Plaintiffs brought this action on December 4, 2018 against U.S. Bank and other defendants, asserting claims for breach of contract, breach of implied covenant of good faith and fair dealing, negligence, unfair business practice, and accounting based upon the handl...

Excerpt: ...ness practices, and PAGA claims against defendants Burma Superstar Oakland, Inc.; Bagan Inc.; East-West Holdings; Mya Myanmar, Inc.; Beehive Cafe LLC; Burma Super Star, Inc.; Desmond Tan; Desmond Htunlin; and Jocelyn Lee. There are 347 class members, according the Settlement Administrator's declaration. The case preliminarily settled for $1.3 million. The Stipulation and Settlement Agreement ("Settlement Agreement") states that there will be atto...

Excerpt: ... CCP § 473(b) provides in relevant part: "The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not...

Excerpt: ...on over all of the defendants in this action or that all of the defendants have stipulated to submit to the personal jurisdiction of a Florida court; and (2) that there are no statute of limitations issues if the present case is stayed and a case is filed in a Florida court, or that all of the defendants have stipulated to waive any and all applicable Florida statutes of limitation, if any. (American Cemwood Corp. v. American Home Ins. Co. (2001)...

Excerpt: ...Turner Action will provide greater clarity on the issues raised by Defendant's Motion herein. However, the Court advises the parties that it is not inclined to grant Defendant's Motion to Stay on the facts presently before it. Plaintiff contends that his operative complaint in this action alleges different underlying Labor Code violations than the Turner Action complaint. However, neither party has provided the underlying PAGA notices in the two ...

Excerpt: ...resent trustee" of the 9/3/2005 Deed of Trust executed by defendant Marilu Ibarra ("Ibarra") as Trustor (the "2005 Deed of Trust"); (2) the legal effect, if any, of the Rescission of Full Reconveyance executed by Nationstar and recorded on 5/31/2016 (the "2016 Rescission"); (3) Plaintiff's knowledge, or lack thereof, of the cloud on title created by the 2015 Full Reconveyance when Plaintiff was allegedly assigned its beneficiary interest; (4) Def...

Excerpt: ...at Plaintiff has submitted a copy of the Settlement Agreement to the LWDA, as required. Nevertheless, if Plaintiff can provide evidence at or before the hearing in this matter tending to show timely service of the Settlement Agreement on the LWDA, the Court would be inclined to grant the Motion on the following terms. The Complaint alleges failure to provide overtime wages, minimum wages, meal and rest periods, unpaid wages, failure to provide ac...

Excerpt: ...ED IN PART and DENIED IN PART. SBCA's MSJ/MSA with respect to Plaintiffs' respective First Amended Complaints is DENIED. The Court finds that triable issues of material fact exist with respect to SBCA's's alleged negligence towards Plaintiffs. SBCA's MSJ with respect to WCA's Cross-Complaint is DENIED. Because the Court finds triable issues of material fact with respect to Plaintiffs' negligence claims against SBCA, SBCA's MSJ against WCA also fa...

Excerpt: ...efendant") Organic Cacao Powder ("OCP") below which the parties have agreed Prop 65 Warnings are not necessary is sufficient to protect California consumers from consuming amounts of cadmium above the MADL amount of 4.1 micrograms per day. (See 27 Cal. Code Regs. § 25805(b).) Plaintiffs have presented evidence tending to show that the average consumer of Defendant's OCP would consume approximately 2.1 tablespoons, or 15.5 grams, of the product p...

Excerpt: ...n Dorgan Electrical, Inc. (the "Corporation"), which Plaintiff assumably controls. However, according to records maintained by the California Contractors State License Board, Plaintiff's electrical contractor's license was "re-assigned" to the Corporation in 2014. It is "fundamental" that an individual and a corporation are separate legal entities, even if the individual is the corporation's sole officer and/or shareholder. (See, e.g., Merco Cons...

Excerpt: ...d to be a California Professional Corporation; and Camico Mutual Insurance Company ("Camico"). Defendants state in their moving papers that all of the Complaint's other causes of action have settled with respect to the other named defendants, such that only the Fourth Cause of action for Indemnity brought solely by plaintiff Capelli against Defendants remains at issue. MOTION FOR JUDGMENT ON THE PLEADINGS STANDARDS A motion for judgment on the pl...

Excerpt: ...yment to the LWDA of $37,500 and administration costs of $10,000 were all deducted, leaving a balance of $1,513,014.77 to be distributed to class members. Further, pursuant to the Court's final approval of class settlement order, $80,000 of the attorneys' fees award (10%) was held back until settlement funds had been fully distributed to class members. Pursuant to the Declaration of Melissa E. Baldwin, Director of Claims Administration for RG/2 C...

Excerpt: ...ement" between plaintiff ABC Wholesale, Inc. ("ABC"), a corporation apparently controlled by Young, and BAS; and (2) a "Bay Area Seafood/ABC Wholesale Sales Representative Agreement between BAS and Young individually. DEMURRER STANDARDS "A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal. App. 5th 989, 996.) "As a general rule in testing a pleading against a demurrer the ...

Excerpt: ... while he or others in his presence replaced Defendant's brake parts. Motion for Summary Judgment Defendant targets the threshold exposure sub-element of the essential element of causation by attempting to show that "the plaintiff does not possess, and cannot reasonably obtain, needed evidence-as through admissions by the plaintiff following extensive discovery to the effect that he has discovered nothing." (See Rutherford v. Owens-Illinois, Inc....

Excerpt: ... in the complaint is not the proper court. (b) When there is reason to believe that an impartial trial cannot be had therein. (c) When the convenience of witnesses and the ends of justice would be promoted by the change. (d) When from any cause there is no judge of the court qualified to act." The Alameda Superior Court is the jurisdictionally proper Court for this action to be heard. The subject real property is located in Alameda County, and bo...

Excerpt: ...ts of suit, which the Moving MPA estimates are approximately $20,113 to date. The Settlement Agreement calls for a $2,500 class service award to each of plaintiffs Lorenzo and Figueroa, a net PAGA payment of $3,750, and administration costs estimated to be $7,620. Thus, after expenses of approximately $133,983, the class would receive approximately $191,017. The average payout to class members would be approximately $955. Settlement negotiations ...

Excerpt: ...urt finds that triable issues of material fact exist with respect to WCA's alleged negligence towards Plaintiffs and that under the relevant written contract between WCA and City, WCA must "indemnify, defend and hold harmless" City from any "Claims" by third parties against City "arising from" WCA's negligence "whether alleged or actual." In March 2018, a large Monterey Pine tree in the City's lower Washington Park suddenly fell, injuring Plainti...

Excerpt: ...of the settlement amount, or $416,666, plus costs of suit in an amount not to exceed $20,000. The Settlement Agreement calls for a $12,500 class service award to Plaintiff, a net PAGA payment of $30,000, and administration costs of up to $75,000. Thus, after expenses of approximately $554,166, the class would receive approximately $695,834. The average payout to class members would be $36.62. Settlement negotiations involved one full day of media...

Excerpt: ...e "Notice of Satisfaction") only extinguished the portion of the Bank's secured claim constituting approximately $50,000 in arrearages on the relevant secured debt as of the date of filing of Plaintiff's bankruptcy petition. Under federal Chapter 13 bankruptcy law, the Satisfaction of Mortgage signed by solely by Plaintiff and recorded with the Alameda County Recorder's Office on 7/24/2019 has no force and effect with respect to the balance of th...

Excerpt: ...pposition to the MSJ, Plaintiffs have produced evidence in the form of a declaration of Deborah Van Evera creating a triable issue of material fact regarding whether Warren Van Evera ("Decedent") ever replaced original brakes on one of Defendant's Fruehauf trailers. The Motion for Summary Adjudication ("MSA") with respect to Plaintiffs' Third Cause of Action for False Representation (Restatement 2nd Torts § 402B) is GRANTED. Plaintiffs have not ...

Excerpt: ... after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed. (b) Proof of service of the summons shall be filed within 60 days after the time the summons and complaint must be served upon a defendant. CCP § 583.250 provides: (a) If service is not made in an action within the time prescribed in this article: (1) The action shall not be further prosecuted and ...

Excerpt: ...ducing evidence to Plaintiff to show that triable issue of material fact exists. Plaintiffs have failed to meet this burden, because they apparently filed no opposition to the MSJ. Plaintiffs allege that Decedent, a career automobile, tractor and truck mechanic was exposed to respirable asbestos while working with brake and other auto parts produced, distributed or sold by Defendant. Motion for Summary Judgment Defendant targets the threshold exp...

Excerpt: ...er January 1, 1983 to shift the burden to Plaintiffs to produce evidence on this issue to create a triable issue of material fact. The Court finds that Plaintiffs have failed to meet this burden because Plaintiff's evidence is entirely speculative on this issue. (McGonnell v. Kaiser Gypsum Co., Inc. (2002) 98 Cal.App.4th 1098, 1105.) Motion for Summary Judgment Among other arguments, Defendant targets the threshold exposure sub-element of the ess...

Excerpt: ...TED. In this action, Plaintiffs allege that decedent Warren Van Evera ("decedent") was exposed to asbestos during his employment with Cochran and Nichols from 1974 to 1979, because he worked with asbestos-containing brake linings under the WorldBestos brand. (Plaintiffs' Additional Facts ("Add. Facts Nos. 1-4.) Lear Siegler does not dispute that it is responsible for the WorldBestos brake pads manufactured and sold during the period from 1974 to ...

Excerpt: ...ded Complaint alleging a new cause of action for restitution and unjust enrichment. "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 proceeding[.]" (Hirsa v. Superior Court (1981) 118 Cal. App. 3d 486, 488-89.) "[I]t is an abuse of discretion to deny leave to amend where the opposing...

Excerpt: ...nt contains four causes of action entitled, respectively, "Constructive Fraud," "Breach of Contract," "Breach of Fiduciary Duty" and "Equitable Accounting." First Cause of Action for "Constructive Fraud" The necessary elements for a cause of action based on intentional misrepresentation are: (1) an affirmative misrepresentation of a material fact; (2) knowledge of falsity (or 'scienter'); (3) intent to defraud, i.e., to induce reliance; (4) justi...

Excerpt: ...n for Summary Adjudication ("MSA") with respect to Plaintiffs' (1) Second Cause of Action for Strict Liability; (2) Third Cause of Action for Negligent Misrepresentation; (3) Fourth Cause of Action for Fraudulent Nondisclosure; and (4) claim for punitive damage is GRANTED IN PART and DENIED IN PART. With respect to Plaintiffs' Strict Liability Cause of Action, the Court finds that Arb's Separate Statement is inadequate with respect to its MSA to ...

Excerpt: ...ruck mechanic was exposed to respirable asbestos while working on Caterpillar trucks and diesel-using vehicles. Motion for Summary Judgment Defendant targets the threshold exposure sub-element of the essential element of causation by attempting to show that "the plaintiff does not possess, and cannot reasonably obtain, needed evidence-as through admissions by the plaintiff following extensive discovery to the effect that he has discovered nothing...

Excerpt: ...to Quash insofar as the business records subpoenas are overbroad in scope and time. Defendant has stated in its opposition that it is agreeable to limiting the time period to medical records on or after January 1, 2015, and offered to enter into a stipulated protective order. Plaintiff has accepted these conditions. Therefore, the Court ORDERS that the any medical records produced shall be dated on or after January 1, 2015 through the date of pro...

Excerpt: ...ummary Adjudication ("MSA") with respect to Plaintiffs' claim for punitive damage is GRANTED. The Court finds that Plaintiffs' discovery responses are sufficiently "factually devoid" with respect to Plaintiffs' alleged entitlement to punitive damages based on Hood's alleged conduct. Further, Plaintiffs in opposition to the MSA fail to provide evidence tending to show that Hood acted with malice, oppression or fraud during the time period at issue...

Excerpt: ...rom default is mandatory. No later than January 24, 2020, Defendants shall serve and file a copy of their Answer in the form attached as Exhibit A to Defendants' counsel's declaration filed in support of the motion. Further, the Court ORDERS Defendants' counsel, David R. Griffin, to pay Plaintiff $500 in sanctions to Plaintiff as a result of Defendants' counsel's mistake, inadvertence, surprise or neglect no later than Friday, January 31, 2020. (...

Excerpt: ...nic was exposed to respirable asbestos while working on Peterbilt and Kenworth branded trucks originally assembled by Paccar. Motion for Summary Judgment Defendant targets the threshold exposure sub-element of the essential element of causation by attempting to show that "the plaintiff does not possess, and cannot reasonably obtain, needed evidence-as through admissions by the plaintiff following extensive discovery to the effect that he has disc...

Excerpt: ...0. The Stipulation and Settlement Agreement ("Settlement Agreement") states that there will be attorneys' fees up to $25,000, an amount equal to one-third of the settlement amount (33.33%); costs of litigation up to $3,500; a service award of $5,000 to plaintiff Angala; settlement administration costs of up to $3,500; and an allocation to the PAGA claims of $5,000, 75% payable to the LWDA and the rest to the Net Settlement Fund. Plaintiffs reques...

Excerpt: ...pproving administration costs to Simpluris, Inc. in the amount of $17,831.00; and (7) approving the PAGA settlement amount of $15,000, of which $11,250 will be paid to the Labor and Workforce Development Agency. The Court GRANTS FINAL APPROVAL of the proposed class settlement. The Complaint alleges failure to provide meal periods, unpaid wages, failure to provide itemized wage statements and other wage-related and PAGA claims. There are 596 class...

Excerpt: ...tion is not at issue in this MSA. Motion for Summary Adjudication on Third Cause of Action for "False Representation Under Restatement of Torts § 402B. California case law recognizes a cause of action for a seller's false representations pursuant to §402B of the Restatement 2nd of Torts. (Westlye v. Look Sports Inc. (1993) 17 Cal.App.4th 1715, 1750-1751, citing Hauter v. Zogarts (1975) 14 Cal.3d 104, 111.) § 402B provides: "One engaged in the ...

Excerpt: ... Carlos Sheet Metal. Mr. Brazil was a sheet metal worker, who among other things, removed and replaced old Carrier and related brand furnaces, which Plaintiffs allege exposed Mr. Brazil to respirable asbestos fibers. Motion for Summary Judgment Defendant targets the threshold exposure sub-element of the essential element of causation by attempting to show that "the plaintiff does not possess, and cannot reasonably obtain, needed evidence-as throu...

Excerpt: ... Plaintiffs to file supplemental papers addressing the outstanding specific issues identified below at least five (5) court days prior to the continued 1/29/2020 hearing date. The parties will note that much of the following constitutes primary analysis of the moving papers and the Settlement Agreement, much of which does not require revision. Plaintiff's Second Amended Complaint alleges claims for unpaid wages, failure to provide meal and rest p...

Excerpt: ... on tract home projects in the 1960's and 1970's for developer KB. In their response to Defendant's Special Interrogatories No. 2, Plaintiffs provided a detailed description of the alleged conduct of Defendant's employee laborers who created airborne asbestos-laden dust by sweeping in Fred Brazil's immediate vicinity. (See Rippolone Dec. Exh. D at pp. 2:22-3:2.) These responses are sufficient to support a finding that KB has not shifted the burde...

Excerpt: ...arises out of the alleged breach of a commercial lease between tenant Hasan and landlord Stoneridge regarding retail space rented at the Stoneridge Shopping Center in Pleasanton. DEMURRER STANDARDS "A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal. App. 5th 989, 996.) "As a general rule in testing a pleading against a demurrer the facts alleged in the pleading are deeme...