Excerpt: ... obtained a default sooner than permitted under that statutory scheme. (See Gov't C. § 6064 and CCP § 412.20 (a)(3) (total of 58 days necessary from first date of publication.) Further, petitioner's counsel should at least have asked respondent's known attorney whether the attorney would accept service of the petition, and advised the attorney that petitioner had filed the petition and was intending to take respondent's default. (See Smith v. L...

Excerpt: .../damages claims. Defendants argue that substantial time, effort, and money will be saved if the trial is bifurcated. Cal. Code of Civil Procedure § 598 authorizes the bifurcation of issues. It provides in pertinent part: The court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order, no later t...

Excerpt: ...h of Plaintiff's causes of action in the Third Amended Complaint. Defendant argues that each claim fails to state a cause of action and is uncertain. Plaintiff opposes this demurrer with three separate filings. In those filings, he raises several arguments that can be addressed before reaching the merits of the demurrer. Plaintiff argues that Defendant failed to comply with California Rule of Court, Rule 3.1320. The Court agrees that Defendant di...

Excerpt: ...all then serve HYJQ with the summons and complaint. In their first cause of action, Plaintiff alleges that a $6.5 million deed of trust on the Quail Walk Court property is a fraudulent transfer. (Comp. ¶22.) Plaintiff alleges that this deed of trust is void and seek a determination from this Court as to that fact. (Comp. ¶23 and Prayer for Relief 1.) Plaintiff did not sue the holder of this deed of trust, which has been identified as HYJQ. (See...

Excerpt: ...ary Adjudication filed January 15, 2019 (“2019 MSA”). The Sanctions Motion seeks “at least $10,000 in sanctions from Plaintiff and his attorneys jointly.” MPAs at 10:9‐10. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 04/11/19 ‐ 3 ‐ Although the caption of the motion seeks dismissal of Plaintiff's motion for summary adjudication, there does not appear to be any such request in the briefing itself. The...

Excerpt: ... legally claim he had discrete employments with the County rather than one continuous employment involving different positions at different times. (See Petition, ¶ 54 (“The County . . . employed [petitioner] as a prosecutor continuously [since 1987]”, ¶ 57(“remained in the County's employ [from 1987 until February 28, 2018]”).) However, the court is not deciding that legal issue now or whether that issue can be resolved at the pleadings...

Excerpt: ...alth care provider for sexual battery would not, in most instances, fall within the statute because the defendant's conduct would not be directly related to the manner in which professional services were rendered.” (Central Pathology Service Medical Clinic, Inc. v. Superior Court (1992) 3 Cal.4th 181, 192.) The Court finds this general rule applicable to defendants. The Cooper decision on which defendants rely reaffirmed this general rule. ...

Excerpt: ...fferent facts, circumstances or law required by CCP Section 1008. The new declaration by Mr. Garcia states, in relevant part: 1. I previously executed a declaration on December 19, 2018, a copy of which is attached hereto as Exhibit F. In doing so, I intended to communicate that I was not previously served with Exhibits A‐E (Statements of Damages) to the Declaration of Mario Rosales, dated December 18, 2018, copies of which are attached hereto....

Excerpt: ...ion for summary judgment/adjudication on the grounds: (1) it acted reasonably in its design of the Genie Pro‐Tech Scaffold, meeting all applicable industry standards and regulations, and is therefore not liable as a matter of law and (2) Genie met its standard of care in designing and distributing the Genie Pro‐Tech scaffold and is therefore not negligent as a matter of law. “[A]” product is defective in design either (1) if the product h...

Excerpt: ...corresponding legal discussions for several of his causes of action. Not to be outdone, Defendant provided no legal citations in his opposition. There are triable issues here as to the amount of damages. Plaintiff says in his declaration that he paid a total of $97,538.39 to the Defendants. (Silveira Decl. ¶5.) Plaintiff included a document, which includes the dates that he said he made the payments, but it is not clear when the document was cre...

Excerpt: ...ourt previously sustained a demurrer by Defendants to Plaintiff Ali Rezapour and Plaintiff Aurora Rezapour (collectively, “Plaintiffs”)'s Second Amended Complaint without leave to amend. That Demurrer came on for hearing on August 20, 2018; at the hearing, the Court affirmed its tentative ruling sustaining the demurrer to the Second Amended Complaint without leave to amend. Plaintiffs filed a notice of appeal of that order on September 28, 20...

Excerpt: ...resenting himself. Plaintiff alleges that defendant Konstantine Demiris and Demiris' law firm negligently represented plaintiff in probate litigation over a relative's trust by failing to oppose the appointment of a particular trustee; failing to advise plaintiff to offer a meaningful settlement at mediation; failing to challenge the validity of the trust; failing to file a cross‐complaint for elder abuse; failing to advise that plaintiff had t...

Excerpt: ... from the complaint, the well‐pled facts of which the Court accepts as true for purposes of demurrer. Plaintiffs are all medical doctors. Each of them owns one share of Defendant Central East Bay IPA Medical Group, Inc. d/b/a Muir Medical Group IPA, through either: 1) a Common Stock Subscription Agreement; or 2) a Preferred Stock Shareholder Agreement, which also included a Preferred Stock Subscription Agreement (generally, the “agreements”...

Excerpt: ...urt, rule 3.1110, subd. (f).) None of the exhibits to the opening Declaration of Chere' Tait, or the reply declaration of Dominica Acosta, were tabbed. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 03/28/19 ‐ 9 ‐ A. Contract Formation. The issue of whether the parties entered into an enforceable arbitration agreement is an issue that the trial court must always decide. (9 USCS § 4 [if there is a dispute over t...

Excerpt: ...y adjudication to Plaintiff's sole remaining causes of action for (2) discrimination in violation of Gov't Code § 12940(a); (3) failure to take all reasonable steps necessary to prevent racial harassment (Gov't Code § 12940(k)); (4) retaliation in violation of Gov't Code § 12940(h); and (9) unfair business practices in violation of California Business and Professions Code §§ 17200‐17208. Defendant also moves for summary adjudication on its...

Excerpt: ...elevant Arizona statutes. Petitioner domesticated the judgment in California, as respondents now reside here, by order dated January 14, 2019. (Code Civ. Proc. § 1710.25.) Respondents seek to vacate that judgment. A judgment may be vacated on any ground which would have been a defense to an action in the sister state, and respondents bear the burden of proof by a preponderance of the evidence. (Code Civ. Proc. §1710.40, subd. (a); see Tsakos Sh...

Excerpt: ...lting and Endorsement Agreement (“Agreement”) entered into by Plaintiff Derek Dallas Carr, a professional football player in the National Football League, currently playing quarterback for the Oakland Raiders and Radd3, a software development company. The Agreement, entered into on July 7, 2016, provided Radd3 with the right to use Plaintiff's name, fame, voice, video, photographs, likeness, and any other means of endorsement by Plaintiff to ...

Excerpt: ...llectively, “Defendants”) oppose the motion. Procedural background Plaintiff filed a verified Complaint to set aside fraudulent transfer on August 17, 2017 against Defendants Diane Lehman and the Estate of Arnold Lehman, Sr. Defendants filed an answer on December 29, 2017. Plaintiff filed a Petition for Probate in Amador Superior Court on April 2, 2018. RJN Ex. B. Defendants moved to file a second amended answer which was deemed filed as of S...

Excerpt: ...bd. (c) (1).) So “absent an intent to injure the plaintiff, ‘malice' requires more than a ‘willful and conscious' disregard of the plaintiffs' interests” and must include despicable conduct. (College Hospital Inc. v. Superior Court (1994) 8 Cal.4th 704, 725.) A defendant must have been aware of the probable dangerous consequences of his conduct, and willfully and deliberately failed to avoid those consequences. (Mock v. Michigan Mille...

Excerpt: ...f Tilden Park approximately 15 to 20 times. (Fact 3 – Undisputed) In this area of the park, Plaintiff expected dogs would play and chase each other and otherwise “roughhouse.” (Fact 5 – Undisputed) However, Plaintiff was firm in her view that “Maury did not play” with other dogs. (Plaintiff's Facts 4, 5) The couple had been walking and talking to each other for about an hour when they ran into Defendant Alexander Weber, who was walkin...

Excerpt: ...ause of action for deceit are: representation, falsity, knowledge of falsity, intent to deceive, and reliance and resulting damage (causation).” (Hamilton v. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 03/07/19 ‐ 14 ‐ Greenwich Investors XXVI, LLC (2011) 195 Cal.App.4th 1602, 1614.) “Fraud must be pled specifically; general and conclusory allegations do not suffice.” (Id.) “The particularity requireme...

Excerpt: ...oughly 1987. The City initially declined to allow this because certain CC&Rs, which governed the subdivision that included the property, restricted such development. Plaintiff obtained consent from over 50% of the owners to amend the CC&Rs. Thereafter, the City refused to permit development based on existing scenic easements covering the property. Plaintiff sues to, among other things, quiet title and permit his development. The City demurs on th...

Excerpt: ...contract; (2) breach of the covenant of good faith and fair dealing; (3) negligent misrepresentation; and (4) negligence. Only the first and second causes of action are alleged against Defendant. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 03/07/19 ‐ 2 ‐ Defendant moves for summary judgment on plaintiffs first cause of action for breach of contract and second cause of action for breach of the covenant of good...

Excerpt: ...aims adjuster and/or the attorneys representing CSAA on this claim that he had sued CSAA on June 7, 2017 as an assignee of a breach of contract and insurance bad faith claim of another insured, Sui. CSAA further argues that it brought this petition at the first reasonable opportunity after those CSAA employees and agents learned of the non‐disclosure, and that the Sui/Pearson lawsuit against CSAA would cause a reasonable person, aware of all th...

Excerpt: ...se of Action for Reformation in the Second Amended Complaint, pursuant to CCP § 437c and CRC, Rule 3.1350. Plaintiffs seek reformation of the First Amendment to the Operating Agreement of 400 Taylor Holdings, LLC as to 50% ownership of 400 Taylor Holdings, LLC. “The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judg...