Excerpt: ...otkin, and Gary Plotkin (collectively, "Survival Action Plaintiffs") are GRANTED WITHOUT LEAVE TO AMEND. Defendants' Motions for Judgment on the Pleadings re: Plaintiffs' Tenth Cause of Action for Intentional Infliction of Emotional Distress in TAMC as Adopted by Plaintiffs Benjamin Langfur, Adam Kennon, Samuel Maxwell, Andrew Ruiz, Michael Russell, Anthony Perrault, Sadao Dennis, Jose Avalos, Carmen Brito, and Nicole Kelber (collectively, "Indiv...

Excerpt: ...ange Development Plan ("2020 LRDP"). The City opposes the motion to disqualify. For the reasons discussed below, the motion is DENIED. LEGAL STANDARDS The Court has the inherent authority to disqualify counsel in appropriate cases as part of its inherent power to control, "in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it . . . ." (Code of Civ....

Excerpt: ...ervices Agreements with Buildzig to perform funds control and construction management services with regard to six different construction projects. In those Agreements, Dreambuilders is identified as "Owner" and Buildzig is identified as "Consultant." Iron Bridge was a lender on three of the projects and it is identified as one of the "Lenders" in three of the Agreements. Dreambuilders alleges that Buildzig breached all six Risk Control and Funds ...

Excerpt: ...rise out of six construction projects. Dreambuilders was the owner of all six properties. In its First Amended Complaint, Dreambuilders alleges it hired Buildzig to provide construction management services, and manage distribution of loan funds, for all six projects. Dreambuilders and Buildzig, along with the construction lender or lenders for each project, entered into six Risk Control and Funds Control Services Agreements ("Agreements"). In tho...

Excerpt: ...ded that the action has no merit or that there is no defense to the action or proceeding." (CCP § 437c(a)(1).) "A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit ...

Excerpt: ...ff's response to SSF Nos. 13, 15, and 17-22.) Such tactics made reviewing this motion considerably more time consuming. Plaintiff Deborah Evenich alleges that when she was employed as a teacher at the Steffan Manor School in Vallejo, California, she was exposed to asbestos-containing materials following abatement project conducted in 1997 by defendant Professional Asbestos Removal Corporation and overseen by NAL. NAL propounded comprehensive cont...

Excerpt: ...ny 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.) A court's discretion is usually exercised liberally to permit amendment of the pleadings, and it is a rare case in which denial of leave to amend can be justified. (See, e.g., Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) "[I]t is an abuse...

Excerpt: ...rrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike." (CCP § 472(a).) "A party may amend the pleading after the date for filing an opposition to the demurrer or motion to strike, upon stipulation by the parties." (Id.) Plaintiff filed ...

Excerpt: ...ement with Defendant. Plaintiff asserts claims for (1) failure to pay overtime wages; (2) failure to provide meal periods; (3) failure to provide rest breaks; (4) failure to pay minimum wages; (5) failure to timely pay wages; (6) failure to provide accurate and itemized wage statements; (7) collection of due and unpaid wages; (8) and violation of Business & Professions Code Section 17200. Defendant's Motion to Compel Arbitration, Strike Class Cla...

Excerpt: ...r damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . , or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs." (CCP § 437c(f)(1).) "A motion for summary adjudication sh...

Excerpt: ...n 21 Owners Association v. John Morrison, Inc., et al., Alameda County Superior Court, Case No. RG17879877. "When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay." (CCP § 1048(a)...

Excerpt: ...ging that Defendants failed to reimburse its employees for uniform expenses. Plaintiff Billingsley was employed as a retail employee at stores in Oakland and Emeryville from May 2013 until fall 2016. On October 6, 2017, Plaintiff amended her complaint to add a cause of action for penalties under the Private Attorney Generals Act ("PAGA"). (Cal. Labor Code § 2699.) Plaintiff's class action claims were subsequently dismissed at her request on Apri...

Excerpt: ...a] nonparty shall petition the court for leave to intervene by noticed motion or ex parte application." (CCP § 387(c).) "The petition shall include a copy of the proposed complaint in intervention or answer in intervention and set forth the grounds upon which intervention rests." (Id.) "The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied: (A) [a] ...

Excerpt: ... an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . , or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs." (CCP § 437c(f)(1).) "A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty." (Id.) "[T]he party moving for summary judgment bears t...

Excerpt: ... an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . , or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs." (CCP § 437c(f)(1).) "A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty." (Id.) "[T]he party moving for summary judgment bears t...

Excerpt: ...erence. Plaintiff's medical records demonstrate that she has mesothelioma, but they provide no useful information about her prognosis, anticipated treatment, or any potential limitations on her ability to participate in this litigation. In addition, at her deposition n March, she testified that her last CAT scan was clear and she didn't now if she would need more treatments. While an attorney declaration may suffice in a Code of Civil Procedure s...

Excerpt: ...nder these facts, trial preference pursuant to Code of Civil Procedure section 36(a) is warranted. The Court directs the parties to meet and confer before the hearing regarding the following issues on which they are to update the Court, and/or report whatever agreements they may have reached, at the hearing: 1) The completion, or status and anticipated completion, of Plaintiffs' depositions; 2) A trial date 3) Whether all parties will stipulate t...

Excerpt: ...s who allege that they are current and former residents of a housing complex in Oakland, California, known as the MacArthur Apartments (the "Property"). Plaintiffs allege that Defendants failed to address or repair certain defects and dangerous conditions at the Property. Amcal Defendants demur to the Fourth Cause of Action for breach of contract for failure to state a cause of action. The Court had previously sustained with leave to amend Defend...