Excerpt: ...d Cause of Action for Unruh Civil Rights Act Violation (Civ. Code § 51). Plaintiffs shall serve and file an Amended pleading no later than Friday, November 6, 2020. LEGAL STANDARDS FOR MOTIONS FOR JUDGMENT ON THE PLEADINGS "A party may move for judgment on the pleadings." (CCP § 438(b)(1).) A plaintiff is entitled to judgment on the pleadings if "the complaint states facts sufficient to constitute a cause or causes of action against the defenda...

Excerpt: ...114, 115, 117 and 118 are GRANTED IN PART and DENIED IN PART as set forth below. Plaintiff's Motion to Compel Documents responsive to Plaintiff's Requests for Production, Set One is GRANTED IN PART, as set forth below. Defendants shall serve verified further responses to Special Interrogatories Nos. 51-53, 55, 68, 69, 74, 81-84, 86-93, 100, 107, 109, 110, 115 and 117 and produce all responsive documents in the possession, custody or control of De...

Excerpt: ...ts Tamin Hamid and Theradome, Inc. ("Defendants") monetary sanctions payable by Plaintiff in the amount of $560. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, October 13, 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, passwor...

Excerpt: ... that this Court has personal jurisdiction over Bluecrew. Defendants' Demurrer is OVERRULED in its entirety. The Court notes as a preliminary matter that defendant Bluecrew's request for dismissal pursuant to CCP § 418.10 based on this Court's asserted lack of personal jurisdiction should have been brought as a separate noticed motion, rather than as part of the Demurrer. Nevertheless, the Court will rule on the substance of Bluecrew's Motion to...

Excerpt: ... amount of $2,000 payable by Defendants. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Tuesday, October 13, 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 likely be conducted using the Blue Jeans Network, password # 5102676935. If a hearing is requested, the Court will advise the parti...

Excerpt: ... 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 will become the...

Excerpt: ...D IN PART WITHOUT LEAVE TO AMEND and OVERRULED IN PART as set forth below. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, October 6, 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 request...

Excerpt: ... under the primary assumption of the risk doctrine, as articulated in Knight v. Jewett (1992) 3 Cal.4th 296 and Fortier v. Los Rios Community College District (1996) 45 Cal.App.4th 430. Therefore, Plaintiff in an amended pleading must allege specific facts showing that Defendants increased the inherent risks of the sport by allowed conduct by participants that was "totally outside the range of the ordinary activity" in the sport at issue. (Kahn v...

Excerpt: ...culty in securing evidence and deposition testimony from witnesses who are Chinese nationals. Defendant's 9/30 Response effectively rejects the proffered stipulations, asserts that Defendant needs to be able to take depositions of witnesses in China in order to prepare for trial, and cites to a 9/29/2020 U.S. Dept. of State Travel Advisory stating in relevant part: "Reconsider travel to the People's Republic of China (PRC), including the Hong Kon...

Excerpt: ... Clark v. American Residential Services LLC (2009) 175 Cal.App.4th 785, 804-807.) The Court finds that the declaration is adequate to support the requested service award, as modified below. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Tuesday, October 6, 2020 contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any requested he...

Excerpt: ...ifically, the Court ORDERS Plaintiffs either to complete, serve and file California Court Forms FL-142 (Schedule of Assets and Debts) and FL-150 (Income and Expense Declaration) or to serve and file declarations containing all of the information to be provided in Forms FL-142 and FL-150, no later than Wednesday, October 14, 2020. Defendant Ebay, Inc. ("Defendant" or "eBay") may serve and file a response to Plaintiffs' supplemental declarations no...

Excerpt: ...xth and Seventh Causes of Action each for Negligent Interference with Prospective Economic Relations are SUSTAINED WITHOUT LEAVE TO AMEND. "[A] corporate agent cannot be liable for interfering with its principal's contract." (Mintz v. Blue Cross of Calif. (2009) 172 Cal.App.4th 1594, 1606; see also Shoemaker v. Myers (1990) 52 Cal.3d 1, 24-25.) These causes of action appear to be improperly restated breach of fiduciary duty claims, which Defendan...

Excerpt: ...y party wishes to contest the tentative ruling, NO LATER than 4:00 PM ONE (1) COURT DAYS prior to the current 9/23/2020 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 is requested...

Excerpt: ...t, pursuant to CCP §§ 473.5, 473(d) and 418.10 (the "Motion"), the Court DENIES CCM's Motion to Set Aside Default and for Leave to Defend the Action pursuant to CCP §§ 473.5 and 473(d). Based on the record before it, the Court does not find credible defendant Desiree Cachette's ("Ms. Cachette") declaration that she, in her capacity as CCM's agent for service of process, did not have actual notice of the present lawsuit prior to "late November...

Excerpt: ...xth and Seventh Causes of Action each for Negligent Interference with Prospective Economic Relations are SUSTAINED WITHOUT LEAVE TO AMEND. "[A] corporate agent cannot be liable for interfering with its principal's contract." (Mintz v. Blue Cross of Calif. (2009) 172 Cal.App.4th 1594, 1606; see also Shoemaker v. Myers (1990) 52 Cal.3d 1, 24-25.) These causes of action appear to be improperly restated breach of fiduciary duty claims, which Defendan...

Excerpt: ...t 9:00 a.m. in Dept. 19 via Bluejeans video conference. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM on Tuesday September 22, 2020, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. The clerk will email a video invitation. If not timely contested, and the tentative ruling will become the final order of the Court. Pursuant to C...

Excerpt: ...t 9:00 a.m. in Dept. 19 via Bluejeans video conference. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM on Tuesday September 22, 2020, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. The clerk will email a video invitation. If not timely contested, and the tentative ruling will become the final order of the Court. Pursuant to C...

Excerpt: ...uses of Action sounding at least in part in gender discrimination. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, September 22, 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, September 18, 2020 contesting party must email [email protected] and provide notice to all counsel of the intent to contest the...

Excerpt: ...contradict his deposition testimony that the Disclosure Notice Plaintiff produced in discovery is the same Disclosure Notice he viewed but admittedly did not actually read on 10/11/2016. The Court has reviewed each party's supplemental briefing submitted in late August and early September 2020. The new evidence shows that neither Defendant nor its third-party vendor HireRight, LLC possess screenshots that would contradict Plaintiff's deposition t...

Excerpt: ... case. (See e.g., Clark v. American Residential Services LLC (2009) 175 Cal.App.4th 785, 804-807.) The Court requests that Plaintiff's declaration be filed with the Court and a courtesy copy sent by email to Dept. 19 at least five (5) court days before the continued 10/7/2020 hearing date. Except for Plaintiff's failure to submit a declaration evidencing her participation in the action as set forth above, the Court is inclined to grant the Motion...

Excerpt: ...ember 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 ONE (1) COURT DAYS prior to the current 9/2/2020 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, pas...

Excerpt: ...ART WITH LEAVE TO AMEND and WITHOUT LEAVE TO AMEND as set forth in detail below. Defendant may file an amended pleading consistent with this Tentative Ruling no later than Friday, September 25, 2020. Plaintiff's and the Other Cross-Defendants' Motion for Sanctions re: Third Amended Cross-Complaint pursuant to CCP § 128.5 (the "Sanctions Motion") is DENIED. The Court further ORDERS Defendant to file a Notice of Related Cases in the present case a...

Excerpt: ...ly advised Plaintiff of the allegations she needs to allege against Defendant to state a negligence cause of action. (See e.g., 3/13/2020 Tentative Ruling on Demurrer to Plaintiff's Third Amended Complaint.) However, the 4AC is devoid of any specific allegations including without limitation when the alleged motor vehicle accident occurred, where the alleged motor vehicle accident occurred or how Defendant's alleged negligence caused the motor veh...

Excerpt: ...pared to make such an order on the present record. Defendants are authorized to resume the deposition of Plaintiff to develop facts relating to possible communications not in his possession, the accounts they may be in, Plaintiff's willingness to cooperate with their production, the burden that may be involved with such production and other factors relevant to whether such consent should be ordered. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE R...

Excerpt: ...sday, 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, 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 th...