Excerpt: ...s on August 13, 2019. Plaintiff timely filed his Motion to Strike and/or Tax Costs on August 28, 2019. Plaintiff's first contention is that the Court should not require him to reimburse Defendant's costs incurred in serving Subpoenas Duces Tecum for Plaintiff's records. Plaintiff claims that Defendants violated his right to privacy when they served their subpoenas. Plaintiff also claims that Defendants failed to comply with the statutory requirem...

Excerpt: ...uld find in its favor as to each element of its claims. See Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. Defendant does not have an obligation to present any contrary evidence until the initial burden is met. Id. at 850-851. Plaintiff's motion is based entirely on Defendant's account records and his initial application for an account. The declaration of Donna Toomes, Team Leader of Discover Products, Inc., however, is not suffici...

Excerpt: ...st Bush, from August 5, 2019 to August 26, 2019. Defendant Cardinale's Cross-Complaint was not a part of the trial because the Court struck it and she did not file an Amended Cross-Complaint. On August 26, 2019, the jury returned a special verdict finding that Plaintiff failed to meet her burden of proof as to any claim in her pleadings and that Cross-Complainant Caron failed to meet her burden of proof on her Cross-Complaint. Judgment Creditor's...

Excerpt: ...deposited at least 600 escrow checks into her personal bank account. Old Republic is suing Citibank in this action for negligence. Citibank recently filed a Demurrer to Plaintiff's First Amended Complaint. The Court declines to stay the action or stay just discovery at this time. Although no formal charges have been filed by the District Attorney's office or the U.S. Attorney against Nguyen, the agreed factual record certainly supports an inferen...

Excerpt: ... car turning right onto Powell Street while exiting eastbound I-80. The accident occurred on March 22, 2016. The Court notes that the driver of the vehicle that struck Plaintiff is not a party to this case. Plaintiff retained attorney Stephen H. Cornet to handle her personal injury case. On May 24, 2016, Mr. Cornet delivered a letter to Assistant City Attorney Andrea Visveshwara by electronic mail making a public records act request. Mr. Cornet w...

Excerpt: ...izes Caron to recover $435.00 for the initial filing fee. 2. Bush's objection to the $1,000.00 in filing fees for Caron's Joinder in the Motion for Summary Judgment of Cardinale and for her own Motion for Summary Judgment is GRANTED IN PART. Bush correctly notes that the Joinder was procedurally deficient and would not have been granted even if the Court had granted Cardinale's Motion for Summary Judgment. See Frazee v. Seely (2002) 95 Cal.App.4t...

Excerpt: ...ted claims for fraud, intentional interference with prospective economic advantage, breach of contract and breach of the implied covenant of good faith and fair dealing. The Court has reviewed the unredacted version of the Complaint and the newly redacted Complaint lodged by Plaintiff. The Court notes that Plaintiff has impliedly withdrawn many of the proposed redactions in the original Complaint. Plaintiff's publicly filed Complaint is almost co...

Excerpt: ...ary Judgment is granted because it has made the required prima facie showing that no triable issues of material fact remain regarding Plaintiff's claim that the City had actual or constructive notice that the tree or tree branches that fell on her vehicle were in a dangerous condition. See Govt. Code § 835; and Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. The City has counted approximately 200,000 trees in its parks and along it...

Excerpt: ...hen Defendant Nick Zadrozny, the Chief Executive Officer and other Director on the Board, purported to have Plaintiff removed as a Director and to terminate Plaintiff as a corporate officer in May 2015. Plaintiff's Fourth Cause of Action for Declaratory Relief is simply a restatement of his allegations and contentions in the Second and Third Causes of Action. Defendant One More Cloud contends in its motion that the Court should enter summary judg...

Excerpt: ...plaint that Defendant breached the terms of the lease by failing to restore the premises to its original condition. Plaintiff filed its Complaint on August 7, 2017. Defendant Seagate filed a First Amended Cross-Complaint asserting damages that allegedly resulted from Plaintiff's failure to approve the specifications of Defendant's installation of a new roof or roofs. The Court set the trial date on June 11, 2018. Defendant's request for a trial c...

Excerpt: ...and. Plaintiff filed his original Complaint on August 29, 2018. Plaintiff filed his First Amended Complaint on March 28, 2019. The Court had granted Defendant's Motion for Judgment on the Pleadings on March 27, 2019. Plaintiff asserts a negligence claim and a premises liability claim against Defendant. Plaintiff alleges in the First Amended Complaint that he sustained personal injury and emotional distress as a result of taking the Holy Sacrament...

Excerpt: ... is based in Hong Kong, but it has an office in Menlo Park, California. Defendant Mobile Gaming Technologies, Inc. is a Delaware corporation with its principal place of business in Oakland, California. Fred Hsu is a member of the Board of Directors of Mobile Gaming. Michael Reaves is a founder of Mobile Gaming; he is the company's former Chief Executive Officer and a member of the Board of Directors. George Weinberg, a board members, took over De...

Excerpt: ...after reassigned to Department 518 after the parties filed a Notice of Related Case. An earlier Complaint filed by Rex Moore Group, Inc. against Northstar General, Inc. and Green Earth Greens Company was assigned to Department 518. On November 17, 2016, the Court granted the unopposed Motion of Northstar General, Inc. to consolidate the two actions for all purposes. The case is currently set for trial on December 2, 2019. In the operative First A...

Excerpt: ...Judgment in favor of Defendant on August 8, 2019. Defendant filed and served its memorandum of costs on August 13, 2019. Plaintiff filed his timely Motion to Strike and/or Tax Costs on August 28, 2019. The hearing is continued because Plaintiff's main contention in support of his motion is that Defendant incurred unnecessary expenses in having subpoenas served for various medical and/or employment records. Plaintiff also contends that Defendant d...

Excerpt: ...December 14, 2017, the Court sustained Defendants' Demurrers to the Complaint with leave to amend. Plaintiff thereafter filed its First Amended Complaint on January 4, 2018. Defendants filed Demurrers to the First Amended Complaint. On July 2, 2018, the Court sustained Defendants' Demurrers to the First Amended Complaint with leave to amend. The Court subsequently dismissed Plaintiff's First Amended Complaint against Defendant IQVIA (formerly kno...

Excerpt: .... In this case, however, the Court declines to deny the motion on this ground because Plaintiffs served their subpoena on July 3, 2019, and counsel then tried to have this matter put before the Court in August 2019. The trial date was moved due to the Court's unavailability. Furthermore, the Court does not believe that the cutoff date for conducting fact discovery and having discovery motions heard applies to the instant motion because Section 19...

Excerpt: ... served with the Summons at their home in Castro Valley. On April 17, 2019, Plaintiff filed her Requests for Entry of Default by Clerk. The Clerk then entered the defaults on April 18, 2019. On June 10, 2019, without the assistance of an attorney, Defendants appeared at the Case Management Conference in person. The Court set the August 6, 2019 prove-up hearing at that time. On August 6, 2019, Defendants appeared at the prove-up hearing. On Septem...

Excerpt: ...ice of the request and has not objected to it, the Court is reluctant to grant the request because the language of the Proposed Order is very broad and could apply to testimony that does not tend to incriminate Defendant. The Court does acknowledge that the failure of the District Attorney's Office to object should be considered in reaching a decision on the motion. See Daly v. Superior Court (1977) 19 Cal.3d 132, 147-148. The Court also prefers ...

Excerpt: ... served with the Summons at their home in Castro Valley. On April 17, 2019, Plaintiff filed her Requests for Entry of Default by Clerk. The Clerk then entered the defaults on April 18, 2019. On June 10, 2019, without the assistance of an attorney, Defendants appeared at the Case Management Conference in person. The Court set the August 6, 2019 prove-up hearing at that time. On August 6, 2019, Defendants appeared at the prove-up hearing. On Septem...

Excerpt: ...failing to comply with the agreement. Plaintiffs are entitled to the reimbursement of their reasonable attorney's fees and costs pursuant to the terms of the Settlement Agreement. Counsel for Plaintiffs shall prepare and submit a Proposed Order and Proposed Judgment no later than June 12, 2019. NOTICE: Effective June 4, 2012, the Court will not provide a court reporter for civil law and motion hearings, any other hearing or trial in civil departm...

Excerpt: ...ve all of the disputed issues informally prior to filing the motion on February 8, 2019. See CCP §§ 2031.310(b)(2) and 2016.040 (facts disclosing that a reasonable and good faith attempt at an informal resolution was made must appear in the meet-and-confer declaration). Counsel are advised that their meet-and-confer efforts should go beyond merely sending letters stating their respective positions. See Townsend v. Superior Court (1998) 61 Cal.A...