Excerpt: ..."CPRA"). (Gov. Code §§ 6250 et seq.) Petitioner has been the subject of three investigations under UC's Sexual Violence and Sexual Harassment Policy, each following the complaint of another UC Berkeley graduate student. Following the third, petitioner requested that he be permitted to inspect the "investigation file," per University policy, and all notes, drafts, and other evidence not relied on in the final investigation report. In response, t...

Excerpt: ... "SB 35"). The Court entered judgment on November 19, 2019. Respondent the City of Berkeley and intervenors the Confederated Villages of Lisjan oppose Petitioners' motion. For the reasons stated below, the motion is denied. 1. The Court Lacks Jurisdiction to Reconsider its Order but May Consider this Motion as a Motion for New Trial The Court entered Judgment in this case on November 19, 2019, while this motion was pending. Entry of judgment dive...

Excerpt: ...CNCG has not established that it has the capacity to sue and be sued in its own name. Second, OCNCG has not shown that it has a direct and immediate interest in this litigation such that its members stand to gain or lose by direct legal operation and effect of a judgment in this action. Living near a proposed construction project is not a direct and immediate interest in a lawsuit, without some connection to the project or the land on which it si...

Excerpt: ...ity to reform a written contract "[w]hen, through fraud or a mutual mistake of the parties, or a mistake of one party, which the other at the time knew or suspected, a written contract does not truly express the intention of the parties." (Civ. Code § 3399.) UC's first cause of action alleges that "the Covenants contain or seek to impose restrictions and criteria that do not truly express the intention of the parties given the passage of time si...

Excerpt: ...f action) 'involves' an agreement, in the sense that the action (or cause of action) arises out of, is based upon, or relates to an agreement by seeking to define or interpret its terms or to determine or enforce a party's rights or duties under the agreement, and (2) the agreement contains an attorney fees clause." (Hjelm v. Prometheus Real Estate Group, Inc. (2016) 3 Cal.App.5th 1155, 1170, quoting Douglas E. Barnhart, Inc. v. CMC Fabricators, ...

Excerpt: ...Sunny Slope Water Co. v. Pasadena (1934) 1 Cal.2d 87, 99; Walton v. Bank of California (1963) 218 Cal.App.2d 527, 548.) "The fees for transcripts and copies ordered by the parties must be paid by the ordering party." (7 Witkin, Cal. Proc. 5th Judgm § 135 (2008), citing Gov. Code § 69953; Mt. Shasta Power Corp. v. McArthur (1931) 111 Cal.App. 640, 641.) 2. Respondent's request for $319 in duplication costs for copies of "exhibits" attached to se...

Excerpt: ...Street Fitness, Inc.; Fillmore Fitness, Inc.; Mid Market Fitness, Inc.; Superblock Fitness, Inc.; and Transbay Fitness, Inc., which operate Fitness SF locations in the city and County of San Francisco. In his First Amended Complaint, Howell alleges that Fitness SF pays its trainers a percentage basis commission based on its billing to clients and fails to pay its trainers for time spent working without clients, fails to provide off-duty meal and ...

Excerpt: ...he law that is not necessary to the outcome of this case. ACERA asks the Court to modify its order to reflect that Dr. Wagner considered the complete 2010 disability retirement application. The Court's Order quotes Dr. Wagner's statements regarding the materials he did and did not consider. (See Order at p.7 lns.12-19, quoting AR394, 398, 401-402, 349-358.) The Court finds that no modification to its Order is necessary. ACERA also offers new evid...

Excerpt: ...ications for admission pro hac vice were reasonably necessary to the prosecution of this case. The Court finds that the parties' agreement to provide food to the jury were not reasonably necessary to the litigation and were not reasonable in amount. The jurors in this case were not "kept together" to hear argument or deliberate through lunch and were free to leave the courthouse for lunch. Code of Civil Procedure section 1033.5, subdivision (a)(2...

Excerpt: ...F Oakland location, which is operated by Defendant Lake Merritt Fitness, Inc. In his First Amended Complaint, Howell alleges that Fitness SF pays its trainers a percentage basis commission based on its billing to clients and fails to pay its trainers for time spent working without clients, fails to provide off-duty meal and rest periods, fails to provide accurate wage statements, and does not indemnify trainers for their personal cell phone expen...

Excerpt: ... landlord to raise rents temporarily to recoup the amortized cost of a capital improvement. Its purpose is "to encourage landlords to improve the quality of their rental housing and to ensure that landlords receive a fair return on their capital expenditures." (Regulation 1267(A).) Ordinarily, capital improvement increases do not roll over to new tenants when the landlord re-hires the unit at market rate. (Regulation 1267(I)(1).) The only excepti...

Excerpt: ...ers. The Officers' counsel requested all reports and complaints from the IA investigation before the second interrogation under Government Code section 3303, subdivision (g), as interpreted in Santa Ana Police Officers Assn. v. City of Santa Ana [hereafter "Santa Ana POA"] (2017) 13 Cal.App.5th 317, 328. CPRA refused to produce the materials and insisted that the officers sit for interrogation. Based in part on those interrogations, the CPRA foun...

Excerpt: ...ers. The Officers' counsel requested all reports and complaints from the IA investigation before the second interrogation under Government Code section 3303, subdivision (g), as interpreted in Santa Ana Police Officers Assn. v. City of Santa Ana [hereafter "Santa Ana POA"] (2017) 13 Cal.App.5th 317, 328. CPRA refused to produce the materials and insisted that the officers sit for interrogation. Based in part on those interrogations, the CPRA foun...

Excerpt: ...closure sale. The building's prior owner had operated the building as an apartment house, but the units were converted to condominiums before being sold to Fong and Lee. The same tenants remained in the condominium units (formerly apartments) and were unaware that a conversion had even occurred. Fong and Lee applied for exemption from the RAP on the grounds that the units were condominiums exempt from local rent control under the Costa-Hawkins Ac...

Excerpt: ... assert (1) that the disciplinary proceedings subsequent to the Court's writ lacked evidentiary support and (2) that the resulting sanction of dismissal was an abuse of discretion. These objections are OVERRULED WITHOUT PREJUDICE. When the respondent holds further proceedings in response to a writ and the Court must review the record of those proceedings to determine compliance, the appropriate procedure to challenge those proceedings is to comme...