Excerpt: ...Complaints on identical grounds. It argues that both Plaintiffs lack standing, either personal or associational, to assert claims under the Unfair Competition Law ("UCL") (Bus. & Prof. Code §§ 17200, et seq.). It argues that the Court should abstain from adjudicating this case under the doctrine of primary jurisdiction. It also argues that the relief requested by Plaintiffs is improper under the UCL. For the reasons discussed below, the demurre...

Excerpt: ...o (the "UC Defendants") also move to strike language from the FAC seeking injunctive relief and an award of attorney's fees. Martin opposes both demurrers and the motion to strike. For the reasons discussed below, USA Cheer's demurrer is SUSTAINED WITHOUT LEAVE TO AMEND and USA Cheer is DISMISSED. UC Defendants' demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the FAC's second and fourth counts and otherwise OVERRULED. UC Defendants' motion to ...

Excerpt: ... the trade name Cordarone, which allegedly has a high risk of serious side effects including pulmonary fibrosis, loss of vision, thyroid cancer, and death. (See 4AMAC ¶¶ 61, 63, 89.) It is approved by the United States Food and Drug Administration ("FDA") as a treatment of last resort for recurrent life-threatening ventricular fibrillation and ventricular tachycardia that do not respond to other treatments. Plaintiffs allege that they were harm...

Excerpt: ...ds a cause of action to recover civil penalties under the Labor Code Private Attorneys General Act of 2004 ("PAGA") (Lab. Code §§ 2698 et seq.), which NYSEB does not seek to compel to arbitration but instead seeks to stay. The motion is GRANTED IN PART. The request for a stay of proceedings is DENIED. LEGAL STANDARDS The Federal Arbitration Act ("FAA") (9 U.S.C. §§ 1 et seq.) embodies a "liberal federal policy favoring arbitration agreements,...

Excerpt: ...Code §§ 2698 et seq.). CAA offers evidence that another substantially identical case was commenced in Los Angeles County Superior Court ten months before this action: Stuart v. Coast Aluminum & Architectural, Inc. (L.A. Cty. Super. Ct. Case No. 19STCV16308). It seeks to abate or stay proceedings in this action in deference to Stuart. Plaintiff opposes. For the reasons discussed below, the motion is DENIED. LEGAL STANDARDS A defendant may demur ...

Excerpt: ...probably because they are not worth the cost when the same result can be achieved by serving requests for admission or standard form interrogatories seeking the bases for the affirmative defenses." (Weil & Brown, Cal. Prac. Guide Civ. Pro. Before Trial (The Rutter Grp. 2018) Ch. 7(I)-A, ¶ 7:35.1.) Perhaps as a result, there is also a shortage of modern authority on the standard against which to judge the sufficiency of an answer's allegations. N...

Excerpt: ...is accordingly GRANTED IN PART. As a preliminary matter, Goedde's report is signed under penalty of perjury of the laws of the United States, not the State of California. (Decl. of R.A. Marron, Ex. 4 [Goedde Report] at p.11; Code of Civ. Proc. ["CCP"] § 2015.5.) Because it was executed at Los Angeles, however, the Court finds this sufficient. (See CCP § 2015.5 [allowing declaration "under penalty of perjury" without specifying California law wh...

Excerpt: ...he Superior Court of California, Alameda County for a coordination hearing. The Court received the order and commenced this proceeding July 1, 2020. Defendant West Coast Convenience, LLC opposes the petition. Using powers delegated to him as the Supervising Judge of Complex, Judge Seligman assigned himself to serve as coordination motion judge on July 1, 2020. Having considered all papers filed in support of the petition to coordinate, the Court ...

Excerpt: ...ract based on the C&R and a common count relying on the same allegation, common count #1 [false impersonation under California Penal Code section 529], common count #2 [California Civil Code section 1668 - Title 4 Unlawful Contracts], common count #3 [California Civil Code section 3294(a)], and common count #4 [Violation of Section 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007 (MMSEA)]. Defendants demur to the SAC on grounds that ...

Excerpt: ...d demurrers to the petitioner's class allegations. (See Order of Dec. 11, 2019; Order of March 17, 2020.) In sustaining UC's demurrer to the class allegations in the Second Amended Petition, the Court granted leave to file the TAP to address shortcomings with commonality and predominance problems in the prior petition's class allegations. As discussed below, petitioner has not remedied these defects, and the Court infers that further leave to ame...

Excerpt: ...oviding the written notices and documents required by the Ordinance and by failing to pay required annual interest on security deposits. In addition, they allege defendants breached the tenants' rental contracts by unlawfully raising rents in violation of a HUD Use Agreement, collected unlawful liquidated damages from excessive late fees, acted negligently, committed conversion of the tenants' personal property and engaged in unlawful business pr...

Excerpt: ...ligent hiring, training, supervision, or retention of its employees, resulting in the deadly electrical fire and thereby the Plaintiffs' injuries. PG&E argues that the facts alleged in the 4AMC are insufficient to state a cause of action. (Code of Civ. Proc. ["CCP"] § 430.10(e).) Plaintiffs oppose. For the reasons discussed below, the motion is GRANTED WITH LEAVE TO AMEND. LEGAL STANDARD A motion for judgment "performs the same function as a gen...

Excerpt: ...laintiffs in this action on January 10, 2020. The TAMAC was filed after the Court sustained the defendants' prior demurrer with leave to amend on November 14, 2019. Defendants jointly demur to the entire TAMAC and each of its causes of action. Defendants also jointly move to strike the TAMAC's allegations regarding exemplary damages. Plaintiffs oppose both the demurrer and motion to strike. For the reasons discussed below, the demurrer is SUSTAIN...

Excerpt: ...o the complaint ("CUSD Complaint") filed December 10, 2019 by Plaintiffs Compton Unified School District and Micah Ali in case number RG19046343, which is consolidated with this action for pretrial proceedings. (See Order of Feb. 7, 2020.) For the reasons discussed below, the demurrer is SUSTAINED WITH LEAVE TO AMEND as to the causes of action asserted by Plaintiffs Smith, Steven C., Ali, Chinese for Affirmative Action, College Access Plan, Colle...

Excerpt: ...pite requests during the meet and confer process on other motions, responses did not appear to Pena to be forthcoming, and he requested an informal discovery conference ("IDC") before the Court. The Court held an IDC on January 30, 2020. At the close of the IDC, the Court warned the parties that it would issue an order. On February 10, 2020, the Court ordered that KPS must serve discovery responses no later than February 20, 2020. (See Order of F...

Excerpt: ...04 ("PAGA") (Lab. Code §§ 2698 et seq.). KPS also separately moves to strike each of the individual allegations of Labor Code violations from the same cause of action. Pena opposes these motions. For the reasons discussed below, the demurrer is OVERRULED. The motion to strike is GRANTED IN PART WITHOUT LEAVE TO AMEND and otherwise DENIED. LEGAL STANDARDS The standard for construing a complaint on demurrer is long-settled: "We treat the demurrer...

Excerpt: ...does not allege a cause of action because their conduct was not "directed at" the plaintiffs. All plaintiffs except Samuel Maxwell oppose the motion directed to their claims. Maxwell does not oppose. For the reasons discussed below, the motions as to Samuel Maxwell is GRANTED WITHOUT LEAVE TO AMEND, the motion as to Aaron Marin is GRANTED WITH LEAVE TO AMEND, and the remaining motions are DENIED. LEGAL STANDARDS A motion for judgment under Code o...

Excerpt: ...murrer and the motion. For the reasons discussed below, the demurrer is OVERRULED, and the motion to strike is GRANTED IN PART WITHOUT LEAVE TO AMEND and otherwise DENIED. 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 judicia...

Excerpt: ...of C.M. Ferrannini, Ex. A to Ex. A, at ¶ 4.b; id. Ex. B to Ex. A.) PBGC has initiated an arbitration proceeding seeking declaratory relief regarding whether it violated Black's substantive rights under the Labor Code. PBGC asks the Court to stay proceedings in this action so that the arbitrator may decide these questions in the first instance. The only cause of action alleged in the operative complaint in this action seeks civil penalties under ...

Excerpt: ...ocess. The SAP also alleges that Doe seeks to represent a class of "all University of California students found responsible for Sexual Harassment, Sexual Violence, Abuse, Domestic Violence, Dating Violence, Sexual Assault, Stalking, and/or Other Prohibited Conduct under the [SVSHP and related policies] . . . from August 2, 2015 through July 31, 2019." UC demurs to the SAP on the grounds that it fails to allege a community of interest sufficient t...

Excerpt: ... 2018 (the "Protective Order"). Defendant now seeks an order from the Court: (1) affirming that Defendant properly designated the names of its third-party suppliers, vendors, and/or manufacturers, which are trade secrets, as confidential under the Protective Order; (2) limiting the use of trade secret information to the resolution of Plaintiff's claims against Defendant in this matter; and (3) confirming that Plaintiff may only use/disseminate th...

Excerpt: ...e medical restrictions. As defendants, the Complaint names Martin's coaches, Lisa Keys and Jessica Chatto, The Regents of the University of California ("UC"), and the USA Federation for Sport Cheering ("USA Cheer"). USA Cheer has moved to quash Martin's service of summons, arguing that this court lacks personal jurisdiction. USA Cheer also demurs to the Complaint and each of its causes of action on grounds that it is uncertain and fails to state ...

Excerpt: ...2020, the Judicial Council referred this petition to the Superior Court of California, Alameda County for a coordination hearing. The Court received the order and commenced this proceeding January 23, 2020. Plaintiffs Aimee Baca, Tracey Baldridge, James Barry, Tolga Bayik, John Borba, Toniarika Bridges, Carin Elliott, Ruben Gouveia, Aujihnae Harris, Charles Heinbockel, Brad Johnson, Marco Lindsey, David Lopez, Melissa Margolis, Gretchen Miles, Ke...

Excerpt: ...Plaintiffs for their reasonable expenses for purchasing a required uniforms. Plaintiffs have offered evidence that plaintiffs in two other cases have asserted a right to recover civil penalties on a similar theory. Defendant opposes, arguing that the first of those cases (Berry v. Ross) is pending before this department and has already settled on an individual basis. Defendant argues that the other case (Dennis v. Ross Stores, Inc.) is pending in...

Excerpt: ...ion began as an auto-accident personal injury case in Sacramento County Superior Court on November 13, 2018. On December 13, 2018, the plaintiff amended her complaint and named the Judicial Council as a defendant, asserting a right to declaratory relief regarding the validity of the nonrefundable jury demand fee set by CCP section 631, subdivision (b). Relief in this case also turns on the validity of that enactment. On May 16, 2019, the Dayoun p...