Excerpt: ...parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be conducted on Wednesday, May 5, 2021 at 1:30 p.m. or at a subsequent date and time set by the Clerk of Dept. 514. The subject line of the email to the Court contesting the tentative ruling must list the case name and number, and the email must identify the reason for th...

Excerpt: [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be conducted on Wednesday, May 5, 2021 at 1:30 p.m. or at a subsequent date and time set by the Clerk of Dept. 514. The subject line of the email to the Court contesting the tentative ruling must lis...

Excerpt: ...arris ("Defendants") in advance of the hearing. Defendants have not filed papers responsive to the Motion. Therefore, any defect in service of the Moving papers has not been waived. The Moving papers contain a declaration of plaintiff Smith stating that on 3/11/2020, he served Form Interrogatories and Requests for Production of Documents on Defendant's counsel. However, the moving declarations do not contain as exhibits copies of these written di...

Excerpt: .... section 2024.050 states as follows: "(a) On motion of any party, the court may grant leave to complete discovery proceedings, or to have a motion concerning discovery heard, closer to the initial trial date, or to reopen discovery after a new trial date has been set. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. "(b) In exercising its discretion to grant or deny this motion, the court shall take into ...

Excerpt: ...es to Cross-Defendant's (1) Form Interrogatories, Set One, Nos. 4.1, 6.5, 6.6, 6.7, 8.7, 8.8, 9.1, 11.1, 11.2, 13.1, 13.2 and 14.1; (2) Cross-Defendant's Special Interrogatories Nos. 2-5 only; and (3) Cross-Defendant's Requests for Production of Documents Nos. 5-16 and 19, no later than Friday, June 4, 2021. The Court notes that Cross-Defendant's Notice of Motion improperly fails to identify the specific written discovery requests to which it see...

Excerpt: ...s driving southbound on Interstate 880 in Hayward and braked when traffic slowed in front of him. Purportedly, the Mercedes-Benz driven by Jeff Wang failed to observe the slowing traffic and did not brake in time, and crashed into the rear of Peter Wong's vehicle. The Complaint alleges that the Mercedes-Benz was equipped with a Forward Collision Avoidance System ("FCAS") that provides forward collision warnings and automatic emergency braking. Pl...

Excerpt: ... his counsel in the amount of $1,480 is GRANTED IN PART. Sanctions in the amount of $615 are awarded on this motion. On July 21, 2020, Shelby served Requests for Production on Lawrence, with responses due August 25, 2020. Lawrence served responses on or around August 28, 2020. Shelby met and conferred with Lawrence, stating that the responses were deficient and nonresponsive, and requested that Lawrence provide further verified responses and reme...

Excerpt: ...arris ("Defendants") in advance of the hearing. Defendants have not filed papers responsive to the Motion. Therefore, any defect in service of the Moving papers has not been waived. The Moving papers contain a declaration of plaintiff Smith stating that on 3/11/2020, he served Form Interrogatories and Requests for Production of Documents on Defendant's counsel. However, the moving declarations do not contain as exhibits copies of these written di...

Excerpt: ...�11-17.) In a December 2016 shareholder meeting, Kontech proposed that the loan be converted into new shares of Kontech but Plaintiff rejected that proposal. (Id., ¶20.) Plaintiff later discovered that Kontech had cancelled the debt owed on the loan on or about June 28, 2018, without Plaintiff's knowledge or consent. (Id. ¶¶ 33-35.) When plaintiff made demands for repayment of the debt, Kontech refused to make payment and instead provided new ...

Excerpt: ...rs, bill changers and related equipment (the "Collateral") for use in a laundromat, for a term of 114 months and at a cost of $379,065. The Agreement provided Eastern with a security interest in the Collateral and in all of FZ Global's equipment and assets. Defendant Arahimi personally guaranteed FZ's Global's performance under the Agreement, as purported "100%" owner of FZ Global. FZ Global breached the Agreement when it stopped making monthly p...

Excerpt: ...iff's claimed injuries and treatment. Plaintiff did not timely respond to discovery and Plaintiff's counsel has subsequently been relieved as counsel on August 31, 2020. Defendants then re-served the discovery on Plaintiff, now acting in pro per. Plaintiff did not respond to the discovery or Defendants' efforts to meet and confer. The defendants then filed a motion to compel written discovery responses which the court granted on December 8, 2020....

Excerpt: ...mises Liability and Plaintiff has neither opposed this MSJ nor sought leave to vacate the deemed Admissions and serve Responses thereto. This tentative ruling will automatically become the Court's final order on Friday, April 9, 2021 unless, by no later than 4:00 p.m. on Thursday, April 8, 2021, a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, t...

Excerpt: ...e operative Fourth Amended Complaint filed on January 19, 2021 alleges two causes of action against Defendants for negligence and negligent supervision. Plaintiff alleges the following facts to support of her first cause of action for negligence: "47. Defendants, superintendent McPhetridge, Daniel Hurst, Daniel Kruger, Dorothy Ault, Jody McCarthy, Zarina Tillman, Kristen Zazo and unknown DOES 1-50 had an affirmative duty to provide supervision of...

Excerpt: ...rt's final order on Friday, March 26, 2021 unless, by no later than 4:00 p.m. on Thursday, March 25, 2021, a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be conducted on a date...

Excerpt: ...ef. This tentative ruling will automatically become the Court's final order on Tuesday, March 23, 2021 unless, by no later than 4:00 p.m. on Monday, March 22, 2021, a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hea...

Excerpt: ...ge a specific breach. (Id., ¶8.) Plaintiffs attach loan documents and other agreements between themselves America West Bank, Defendant's predecessor, dated November 7, 2012 and May 1, 2014 related to the purchase of a property in Oakland. (Id.) Plaintiffs pray for damages of $15,060.59, attorney fees, interest and other charges. (Id., ¶¶ 10(a), (c), (d).) Defendant Pacific Western Bank demurs to the breach of contract cause of action on the gr...

Excerpt: ...rt's final order on Friday, March 12, 2021 unless, by no later than 4:00 p.m. on Thursday, March 11, 2021, a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be conducted on Wednes...

Excerpt: ...hearing on this demurrer under C.C.P. 472, but Plaintiff did not do so. Instead, Plaintiff asks the court to determine the sufficiency of the proposed first amended complaint although the demurrer is directed to the complaint. The Court will not review the sufficiency of plaintiff's proposed amended pleading, Instead, the Court will grant Plaintiff leave to amend to file the proposed first amended complaint or any other version of a first amended...

Excerpt: ...) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be conducted on Wednesday, March, 2021 at 1:30 p.m. or at a subsequent date and time set by the Clerk of Dept. 514. The subject line of the email to the Court contesting the tentative ruling must list the case name and number, an...

Excerpt: ...1 unless, by no later than 4:00 p.m. on Monday, March 8, 2021, a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. . If a hearing is requested, the hearing will be conducted on Wednesday, March 10, 2021 at 1:30 p.m. or at a s...

Excerpt: ...that it was negligent and alleges that Plaintiff's own negligence caused or contributed to her injuries, which included broken front teeth. BSC believes there is a significant risk that Plaintiff's potential liability will be overlooked by the jury unless liability is determined before Plaintiff is allowed to present evidence of her injuries, in particular, pictures of her broken teeth, swollen lips and facial abrasions. Therefore, BSC asks the C...

Excerpt: ...1 unless, by no later than 4:00 p.m. on Monday, March 8, 2021, a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. . If a hearing is requested, the hearing will be conducted on Wednesday, March 10, 2021 at 1:30 p.m. or at a s...

Excerpt: ...nd SROGS no later than Monday, April 5, 2021. The Court further ORDERS Plaintiff to pay monetary sanctions in the amount of $800 to Defendant no later than April 5, 2021. This tentative ruling will automatically become the Court's final order on Friday, March 5, 2021 unless, by no later than 4:00 p.m. on Thursday, March 4, 2021 a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing couns...

Excerpt: ... that is the subject of this motion on October 30, 2020. Defendant AEG served its responses to the second set of discovery, including second set Form Interrogatories, Special Interrogatories and Request for Production of Documents on December 11, 2020. Believing the responses were evasive and incomplete, Plaintiffs' counsel sent Defendant's counsel a meet and confer letter on December 18, 2020 requesting amended responses no later than December 2...

Excerpt: ...) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be conducted on Wednesday, March, 2021 at 1:30 p.m. or at a subsequent date and time set by the Clerk of Dept. 514. The subject line of the email to the Court contesting the tentative ruling must list the case name and number, an...