Excerpt: ...d the PARTIES ARE ORDERED TO APPEAR. LEGAL STANDARDS The purpose of summary adjudication procedures is to allow this Court to "cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute." (Miller v. Fortune Commercial Corporation (2017) 15 Cal.App.5th 214, 220, citing Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843.) A party may move for summary ad...

Excerpt: ... conditional class certification for purposes of settlement. Plaintiffs also seek court approval of claims raised under the Labor Code Private Attorneys General Act of 2004 ("PAGA") (Labor Code §§ 2698 et seq.). This motion was set for hearing on October 30, 2019, but was continued to this date to allow the parties an opportunity to address concerns with the form of notice and contents of the proposed settlement agreement. The parties have subm...

Excerpt: ... products manufactured or supplied by defendants, including A-L. Decedent was allegedly exposed to asbestos because of asbestos dust carried home on the clothing of his parents, Jorge and Alysa Perreras. For the reasons discussed below, A-L's motion is GRANTED as a motion for summary judgment, and A-L is ordered to prepare a proposed judgment of dismissal. LEGAL STANDARDS The purpose of summary judgment and adjudication procedures is to allow thi...

Excerpt: ...of consortium. The Complaint also demands punitive damages. Four of the Complaint's causes of action are brought against the moving Defendant: negligence, strict liability, negligent misrepresentation, and fraud by nondisclosure. Defendant now seeks to summarily adjudicate the causes of action for negligent misrepresentation and fraud by nondisclosure. Defendant also seeks to summarily adjudicate Plaintiffs' request for punitive damages. Defendan...

Excerpt: ... Plaintiff alleges that Fischer was his realtor in that transaction. On February 27, 2017, Plaintiff signed an Exclusive Buyer Representation Agreement ("the Agreement") that provides, at Section 9(B), that it "shall be governed by and interpreted in accordance with the laws and in the courts of the state of Tennessee." Although a forum selection clause does not, ipso facto, defeat jurisdiction, it is one factor to consider in determining whether...

Excerpt: ...me Property Purchase Agreements and Joint Escrow Instructions ("the Agreements") with Defendants, both dated December 11, 2017, for the purchase of real property located at 1241 International Boulevard and 1301 International Boulevard in Oakland. The parties soon became embroiled in a dispute concerning whether Plaintiffs had made their initial contract deposits in a timely fashion. Defendants attempted to cancel the escrows for both properties, ...

Excerpt: ...overnment Code section 820.2, "a public employee is not liable for an injury resulting from his act or omission where the act or omission was the result of the exercise of the discretion vested in him...." BART moves to bifurcate the trial of its immunity defenses under section 845 and 820.2 from the trial of BART's liability. Under Code of Civil Procedure section 598, the court may order the trial of one issue to be held before the trial of any ...

Excerpt: ...s by appearing and arguing the merits of the motion. (Carlton v. Quint (2000) 77 Cal.App.4th 690, 697.) Plaintiff contends that the motion was filed without a declaration and there are no exhibits. However, counsel has now filed a Declaration on Form MC-052, and there is no requirement for exhibits. Counsel has provided a sufficient basis to withdraw based on Plaintiff's failure to pay her monthly installment fees over a period of months. Plainti...

Excerpt: ...") of DEHP. Plaintiff asserts that Defendant's products as tested contained substantially more than 1,000 ppm of DEHP. Defendant also agrees to provide a warning if its reformulated products contain more than 1,000 ppm of DEHP. The parties have not reached agreement with regard to the presence of nickel and lead in Defendant's products, or Defendant's alleged failure to provide the required warning, so Plaintiff is deemed to have withdrawn the cl...

Excerpt: ...sul has not filed opposition to BART's motion for terminating sanctions scheduled for December 13, 2019. The ruling on the motion for terminating sanctions may moot this motion for summary judgment/summary adjudication. The motion for summary judgment against Plaintiffs Russell Stapp, Patricia Stapp, and Amanda Stapp (collectively "Plaintiffs" unless otherwise indicated) is DENIED. In this action, Plaintiffs allege that on April 22, 2017, they we...

Excerpt: ...ter. Plaintiff has objected to the video and screenshots based on lack of foundation and proper authentication. That objection appears to be meritorious. Safeway's counsel Kerri Johnson fails to establish any personal knowledge that the video and screenshots attached to her declaration accurately reflect the accident scene at the time indicated. The fact that the video and screenshots were produced in discovery is not sufficient to support their ...

Excerpt: ...omplaint fails to state a cause of action upon which relief can be granted against Defendant Ukoha-Ajike. (See CCP § 430.10(e); but see Angie M. v. Sup. Ct. (1995) 37 Cal.App.4th 1217, 1227 ["Liberality in permitting amendment is the rule, if a fair opportunity to correct any defect has not been [previously] given."].) "A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal....

Excerpt: ...ersonal representative of the Estate of Eugenie VanMiller, or both. If Plaintiff is asserting her negligence claim as a survival claim on behalf of the Estate of Eugenie VanMiller, Plaintiff must comply with Code of Civil Procedure section 377.32. Likewise, if she is asserting her elder abuse claims on behalf of the Estate of Eugenie VanMiller pursuant to Welfare & Institutions Code section 15657.2(d)(1), she must expressly allege that she is the...

Excerpt: ...s complaints of the flooding of the whole block of Ocean Avenue, which he purports is due to the upward slanting of Vallejo Street. (FAC ¶ 1.) Plaintiff claims that as a result, the foundation of his home has been undermined and his property has been deemed unfit for habitation. (Id. ¶ 4.) Plaintiff asserts that Defendant has intentionally or negligently failed to relieve the flooding in the area by failing to install a dedicated storm drain. (...

Excerpt: ...ighland Hospital to visit Naomi Schneider, the mother of Mira and Lia, on March 24, 2019. Plaintiffs do not allege that Germon was a patient or hospital employee. Instead, Plaintiffs simply allege on information and belief that Germon had been "in the hospital at some point prior to the attack." Plaintiffs claim that Defendant is liable for their injuries, including their severe emotional distress, because it did not take the measures necessary f...

Excerpt: ...wever, the Court is not convinced that satisfactory amendment in regards to punitive damages is not possible. Accordingly, as to the Moving Defendants, the motion to strike is GRANTED WITH LEAVE TO AMEND. Plaintiffs must file an amended complaint no later than January 2, 2020. "The court may, upon a motion . . . or at any time in its discretion, and upon terms it deems proper: . . . [s]trike out any irrelevant, false, or improper matter inserted ...

Excerpt: ...ions 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 rule in te...

Excerpt: ...Act of 2004 ("PAGA") (Lab. Code § 2698 et seq.). Plaintiff's attorney represented that a copy of this motion was transmitted to the LWDA on October 4, 2019. (Declaration of Justin F. Marquez ["Marquez Dec."] ¶ 8, Ex. B.) The LWDA has not appeared in this action to offer comments on, or objections to, the proposed settlement. In her First Amended Complaint, Plaintiff also purports to state individual claims for violations of various Labor Code s...

Excerpt: ...nstrate any delay in prosecution by Plaintiffs. Assuming arguendo that the Court has the "inherent authority" to dismiss a case for other reasons, in the absence of a motion based on established statutory procedures such as, e.g., a motion for summary judgment or demurrer, the Court declines to exercise that inherent authority in this case. Even if the Court were inclined to exercise its inherent authority to consider dismissing this case in the ...

Excerpt: ...en." (Cal. Rules of Court, Rule 2.550(c).) "The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) [t]here exists an overriding interest that overcomes the right of public access to the record; (2) [t]he overriding interest supports sealing the record; (3) [a] substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) [t]he proposed sealing is...

Excerpt: ... 430.10(e); but see Angie M. v. Sup. Ct. (1995) 37 Cal.App.4th 1217, 1227 ["Liberality in permitting amendment is the rule, if a fair opportunity to correct any defect has not been [previously] given."].) "A demurrer tests the 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 actio...

Excerpt: ... merits of Moorpark's contentions. Also, the Court overrules Moorpark's procedural objections to Judgment Debtor Chunlei Leila Guo's opposition that he concedes he received eleven (11) court days before the hearing. See CCP § 1005(b) (opposition must be filed and served at least nine (9) court days before hearing). The Court has the discretion to consider late papers if the opposing party has not sustained undue prejudice. See Rule of Court 3.13...

Excerpt: ...tion of Defendant's retained expert, Marco Schmidt, was scheduled to take place in Frankfurt, Germany, on November 22, 2019. Plaintiff's objection to the depositions of Kuhn and Eichhammer in Germany is sustained. Plaintiff argues that the notices are legally deficient because counsel for Defendant did not comply with the requirements for international discovery set forth in the Hague Convention or with German law. See CCP § 2027.010(c). The req...

Excerpt: ...ina Pet Salon, LLC's ("KPS, LLC") customers, (2) using KPS, LLC's confidential and proprietary information; and the Court also orders Defendant to (3) surrender and provide to Plaintiffs KPS, LLC and Francisco Reynoso the administrative passwords and any additional information that will enable them to gain control over KPS, LLC's social media, domain name and other online accounts, including but not limited to the domain name "https://katrinaspet...

Excerpt: ...r the Song-Beverly Consumer Warranty Act ("Song-Beverly Act"), "[a]ny buyer of consumer goods who is damaged by a failure to comply with any obligation under this chapter or under an implied or express warranty or service contract may bring an action for the recovery of damages and other legal and equitable relief." (Civ. Code sec. 1794(a).) "If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover...