Excerpt: ...n for Negligent Hiring, Retention and Supervision WITHOUT LEAVE TO AMEND. Plaintiff may file and serve a Second Amended Complaint no later than Friday, March 19, 2021. This tentative ruling will automatically become the Court's final order on Tuesday, March 2, 2021 unless, by no later than 4:00 p.m. on Monday, March 1, 2021 a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel o...

Excerpt: ...f Action for Rescission of Written Contract WITHOUT LEAVE TO AMEND. The Court GRANTS IN PART WITH LEAVE TO AMEND and DENIES IN PART Plaintiff's Motion to Strike. Defendant may file and serve an Amended Cross-Complaint no later than Friday, March 19, 2021. This tentative ruling will automatically become the Court's final order on Tuesday, March 2, 2021 unless, by no later than 4:00 p.m. on Monday, March 1, 2021 a party to the action notifies both ...

Excerpt: ... harassment claims against Defendant, his former employer. STANDARD OF LAW On a Motion to Seal Records under CRC Rule 2.551, the following rules from CRC Rule 2.550 apply: (d) Express factual findings required to seal records The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding inter...

Excerpt: ...aintiff's Second Amended Complaint ("SAC") alleges that in 2013, the Tang Defendants approached Plaintiff to enter into an oral partnership with them to purchase a property at 1800-1806 E. 24th Street, Oakland (the "Subject Property"), a four-unit residential rental property. The deal, regarding which the parties do not appear to dispute, was that Plaintiff would get a 25% ownership interest in the Subject Property and the Tang Defendants would g...

Excerpt: ...ions, and motions to compel discovery, for late submissions of expert lists, and to compel expert depositions, and to serve a demand for disclosure of experts, to exchange expert lists, to complete discovery, and to complete depositions of non-supplemental experts, prior to trial are hereby extended and will now be based on the new trial date. STANDARD OF LAW "To ensure the prompt disposition of civil cases, the dates assigned for a trial are fir...

Excerpt: ...ended responses have been served or will be served. Courtesy copies of the status report or reports should be emailed to Department 514 at the time of filing. If the parties are able to resolve their dispute, Plaintiffs should contact the Court promptly to take the motion off calendar. BACKGROUND Plaintiffs commenced this action on February 24, 2020 for alleged violations of the Song-Beverly Consumer Warranty Act, Civil Code section 1790, et seq....

Excerpt: ...later than thirty-five (35) days from the date of entry of this Order, unless the parties mutually agree in writing otherwise. This tentative ruling will automatically become the Court's final order on Friday, February 19, 2021 unless, by no later than 4:00 p.m. on Thursday, February 18, 2021, a party to the action notifies both: (1) the Court by emailing [email protected]; and (2) all opposing counsel or self-represented parties, tha...

Excerpt: ...action alleged in the Cross-Complaint are time-barred based on the 12/20/2019 date of filing of the Complaint in this action. However, the Court notes that, based on the allegations of Plaintiff's Complaint at ¶¶ BC-1 through BC- 4, Plaintiff's breach of contract action also appears to be time-barred pursuant to CCP § 337. Defendant may file and serve an amended Cross-Complaint no later than Tuesday, March 9, 2021. IF ANY PARTY WISHES TO CONTE...

Excerpt: ...eto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists," except under certain situations outlined by statute. (CCP § 1281.2.) The Court will not order arbitration of the controversy if: (a) the right to compel arbitration has been waived by the petitioner; (b) grounds exist for the revocation of the agre...

Excerpt: ...s: . . . [w]hen it appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually," "[w]hen pecuniary compensation would not afford adequate relief," and/or "[w]here it would be extremely difficult to ascertain the amount of compensation which would afford adequate relief....

Excerpt: ...ugh first noticed the deposition of Plaintiff for October 8, 2019, but took the deposition off calendar when Plaintiff failed to respond to written discovery. On September 30, 2020, McCullough served another deposition notice for October 27, 2020. On October 16, 2020, Plaintiff acting in pro per, canceled the deposition and stated she was unavailable. On November 16, 2020, McCullough served a third deposition notice for December 11, 2020, which w...

Excerpt: ...elected the proper venue." (Fontaine v. Superior Court (2009) 175 Cal.App.4th 830, 836.) MOTION TO TRANSFER VENUE Plaintiff Jack Steen ("Plaintiff") brought this action against Defendant, asserting claims of general negligence and premises liability based on a March 2, 2019 incident wherein an automatic door at the entrance of a Safeway store in Napa, California, automatically closed on him, striking his right shoulder and causing him to fall on ...

Excerpt: ...representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer." (Cal. R. Prof. Conduct, R. 4.2(a) [comments to rule states: "This rule applies even though the represented person initiates or consents to the communication. A lawyer must immediately terminate communication with a person if, after commencing communication, the lawyer learns that the person is on...

Excerpt: ...eto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists," except under certain situations outlined by statute. (CCP § 1281.2.) The Court will not order arbitration of the controversy if: (a) the right to compel arbitration has been waived by the petitioner; (b) grounds exist for the revocation of the agre...

Excerpt: ...llegations in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal. App. 5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.) "As a general ru...

Excerpt: ...nserted in any pleading[;] . . . [and/or] (b) [s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." (CCP § 436.) An "irrelevant matter," or "immaterial allegation," means: (1) an allegation that is not essential to the statement of a claim or defense; (2) an allegation that is neither pertinent to nor supported by an otherwise sufficient claim or defens...

Excerpt: ... in its discretion, and upon terms it deems proper: (a) [s]trike out any irrelevant, false, or improper matter inserted in any pleading[;] . . . [and/or] (b) [s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." (CCP § 436.) An "irrelevant matter," or "immaterial allegation," means: (1) an allegation that is not essential to the statement of a claim or ...

Excerpt: ...he legal sufficiency of the factual allegations in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal. App. 5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice ha...

Excerpt: ...atewide policy throughout California, knowingly and intentionally failed to provide "all working employees with suitable seats when the nature of the work reasonably permits the use of seats." (First Am. Compl. ¶ 9.) Plaintiff's Special Interrogatories seek information regarding the total number of potentially aggrieved employees in California as well as Citistaff's policies in regards to providing suitable seating to California employees. Plain...

Excerpt: ...e 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 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 ...

Excerpt: ... Trader Joe's Co. (2018) 20 Cal. App. 5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.) "As a general rule in testing a pleading against a demur...

Excerpt: ...ourt clerk entered the default of all three defendants. Defendants move to set aside the defaults pursuant to CCP §473(b). Defendant Moheb acknowledges service, but argues defendants' failure to respond was excusable, because Moheb retained David Wiseblood, after he was served, to contact Homestreet and negotiate a settlement, believing he was a licensed attorney. (Moheb Decl., par.3-4.) The evidence shows, however, that Moheb retained Wiseblood...

Excerpt: ...amendments, for judicial policy favors resolution of all disputed matters in the same lawsuit." (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047, citing Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Plaintiff has demonstrated that she wishes to add new causes of action and defendants based on new information gathered during discovery. (Declaration of Rosann Torres at ¶¶ 2-5.) It is unclear to the court whether Defend...

Excerpt: ...entitled pursuant to Civil Code section 2924j(b). Under that statute, "[i]n the event there is no dispute as to the priority of the written claims submitted to the trustee, proceeds shall be paid within 30 days after the conclusion of the notice period." (Civ. Code § 2924j(b).) "If the trustee has failed to determine the priority of written claims within 90 days following the 30-day notice period, then within 10 days thereafter the trustee shall...

Excerpt: ... DENIED. MOTION TO COMPEL PLAINTIFF'S DEPOSITION APPEARANCE "If, after service of a deposition notice, a party to the action . . . without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the de...