Excerpt: ...91, 92, 94, 95, 97; Plaintiff's Additional Fact (“PAF”) Nos. 101, 106, 107, 108, 109, 110, 111, 116, 117, 121, 122, 123, 124, 126, 127, 128, 129, 130, 132, 159); 2. the County created the dangerous condition or had actual or constructive notice of it (DMF Nos. 29, 32, 37, 46, 47, 49, 51, 58, 59, 91, 96; PAF No. 101, 113, 121, 131, 132, 136, 137); and, 3. the County approved all pertinent design features before construction; (DMF 58, 59, CONTR...

Excerpt: ...dants argue that each claim fails to state a cause of action and is uncertain. Agency Much of Plaintiffs' arguments in support of their complaint rely on allegations that defendants Augustine and NCA were the agents of Lal and Cheap Homes. Paragraph 11 states that “Plaintiffs are informed and believe and thereon allege that at all times mentioned herein, Defendants, and each of them, were the agents, servants or employees of their Co‐Defendan...

Excerpt: ...loyer‐required business expenses. Plaintiff, Paula Henson, the auntemployer, claims that Sosine charged personal expenses to an employer credit card. Sosine now demurs to the Second Cause of Action of Henson's FAC, which alleges a cause of action for treble damages under Penal Code section 496 (c). In pertinent part, Penal Code section 496 provides as follows: (a) Every person who buys or receives any property that has been stolen or that has b...

Excerpt: ... first submission and then failed to timely process the second, belatedly rejecting it as untimely. The evidence does not support plaintiff's claims. Plaintiff's counsel understood that the nearly $1.5 million judgment needed to be renewed before the ten year period expired on April 3, 2019. Plaintiff's counsel emailed an Application for Renewal of Judgment to Galaxy Process Servers on March 4, 2019. See Goodman Decl., para. 11; Keshinshirian Dec...

Excerpt: ...of the judgment and bringing this motion. (Butler‐Rupp v. Lourdeux (2007) 154 Cal.App.4th 918, 924‐ 928; CCP 685.040; Ketchum v. Moses (2001) 24 Cal.4th 1122, 1141.) Plaintiffs' moving papers sought fees relating to their lead attorney Bruce Zelis at $400/hour for 43.1 hours, collections attorney Paula Grohs at $300/hour for 56.4 hours, and appellate specialist Gary Garfinkle at $800/hour for 155 hours. Defendants dispute the propriety of the...

Excerpt: ...t's tentative ruling, unless a stipulation has been reached by the parties. Plaintiff Mohamed A. Ibrahim, as Trustee of the Mohamed A. Ibrahim 2015 Trust (“Plaintiff” or “Ibrahim”) filed a complaint for breach of contract against Defendant Pastime Foods, LLC, an Arizona limited liability company (“Defendant” or “Pastime Foods”). Plaintiff seeks an order for a writ of attachment against Defendant in the amount of $345,303.40, but d...

Excerpt: ..., CALIFORNIA DEPARTMENT: 21 HEARING DATE: 10/30/19 ‐ 12 ‐ This argument lacks merit: the issue of whether the parties entered into an arbitration agreement is an issue that the trial court must always decide. (9 USCS § 4 [if there is a dispute over the existence of an arbitration agreement “the court shall proceed summarily to the trial thereof”]; Code Civ. Proc., § 1281.2 [the court shall order arbitration “if it determines that an a...

Excerpt: ... and fire road in Briones Regional Park. (Facts 16, 76.) They allege that their properties were damaged by flooding and excessive mud deposits when the creek channel behind their homes filled with water, became obstructed, and breached the banks onto their properties on the evening of January 10, 2017. (Facts 128‐129.) They contend this damage was caused by defendant, East Bay Regional Park District because defendant owns and operates the Lafay...

Excerpt: ...it has taken the deposition of the claims adjuster and conducted other discovery and better knows what it can actually prove regarding oppression, fraud, or malice. Background This is an insurance bad faith case. The complaint alleges that plaintiff, Kapu Properties LLC, owns a residential real property located at 648 Fourth Street in Richmond, California (the “Property”). Kapu leased the Property to a tenant. On December 7, 2018 the house on...

Excerpt: ...niel Wondrusch and Jordan Wondrusch were seriously injured in an automobile accident caused by Defendant Jason Daniel Gregory on March 25, 2017 in Livermore, California. (Complaint ¶¶8‐ 10). Defendant Jason Daniel Gregory was allegedly driving under the influence at over 100 miles per hour on a suspended license at the time of the crash. (Complaint ¶¶12‐ 13). He allegedly had a criminal history of driving under the influence. (Complaint �...

Excerpt: ...their exhibits as required by CRC 3.1110(f) and Local Rule 3.42(3). In addition, Plaintiffs failed to mark the relevant portions of deposition testimony in a manner that calls attention to the testimony as required by CRC 3.1116(c). The Raposos (see line 3) also failed to mark the relevant portions of deposition testimony in a manner that calls attention to the testimony as required by CRC 3.1116(c). Abreu failed to include the first page of any ...

Excerpt: ...f the complaint. Yet Defendant was in default when the normal deadline to file this motion expired. The Court is not convinced that imposing such a deadline was intended by the statute, but in any event, the Court has discretion to hear a motion filed more than 60 days after service. (Code of Civil Procedure § 425.16(f).) Given that Defendant's motion was filed within 60 days of the order setting aside her default, the Court exercises its discre...

Excerpt: ...plicated several law enforcement officers from five east bay police agencies. For the reasons that follow, the petition is denied. Standard of Review When a public employee challenges an employer's disciplinary action in a mandamus proceeding, the trial court is required to exercise its independent judgment on the evidence. Wences v. City of Los Angeles, 177 Cal.App. 4th 305, 314 (2009). An abuse of discretion is established if the trial court de...

Excerpt: ...int (“SAC”). Defendant moves on the grounds that the FAC does not allege facts sufficient to support an award of punitive damages based on malice, oppression, or fraud as required by Civil Code § 3294. The Court granted Defendant's previous motion to strike punitive damages allegations from Plaintiffs' First Amended Complaint but gave Plaintiffs leave to amend. For the following reasons, the Court grants the instant motion, without leave to ...

Excerpt: ...unsel understood that the nearly $1.5 million judgment needed to be renewed before the ten year period expired on April 3, 2019. Plaintiff's counsel emailed an Application for Renewal of Judgment to Galaxy Process Servers on March 4, 2019. This is supported by counsel's declaration and the declaration from Galaxy. See Goodman Decl., para. 11; Keshinshirian Decl., 6. Interestingly, the documents allegedly submitted in support this point to not act...

Excerpt: ...aton (“Plaintiff”). The Complaint pleads a single cause of action for violation of the Federal Employers' Liability Act (“FELA”) arising out of Mr. Eaton's death from cancer. Defendant moves for summary judgment on the grounds that (1) Plaintiff's claim is barred by the three‐year statute of limitations; (2) Plaintiff cannot show that BNSF's negligence, if any, caused CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARI...

Excerpt: ...presented by the same real estate agent and brokerage, defendants Mayra Davalos and SPRE, respectively (collectively, “Moving Defendants”). (Complaint, ¶17.) Plaintiffs allege that Cervantes informed Davalos that he was planning on hiring a surveyor to double check the boundaries of the Subject Property, having noticed that the fence shared with a neighboring property was in an unusual position. In response, Davalos stated that Cervantes nee...

Excerpt: ...ds causes of action for (1) professional negligence and (2) fraud of false pretenses, deceptions, and conspiracies. Defendants demur on the grounds that (1) there is no allegation of an attorney‐client relationship between Nisperos or the State Bar and Plaintiff (and as a consequence Nisperos and the State Bar did not owe her a duty of care); (2) Plaintiff's professional negligence claim against the State Bar is barred as a matter of law for fa...

Excerpt: ...efendants Mr. Umeda and Luis Carrillo (collectively, “Co‐defendants” or “Cotrustees”) are the Cotrustees of the Trust pursuant to the Third Amendment. The papers submitted show that Mr. Umeda drafted the estate plan for Decedent, and Luis Carrillo was the decedent's caregiver, lifelong friend, and real property manager. Decedent's son, Plaintiff Donald Houghton (intending no disrespect and for clarity, “Donald”), alleges that the Th...

Excerpt: ...s Jordan Schuster and Jacob Lynn. Code of Civil Procedure section 425.16 allows a party to strike a claim that is based upon protected activity using a two‐step process. “ ‘First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one arising from protected activity, that is, by demonstrating that the facts underlying the plaintiff's complaint fit one of the categories spelled out...

Excerpt: ...njunction. CCP § 527(a) authorizes issuance of injunctions before trial “if sufficient grounds exist therefor.” Injunctions will rarely be granted (absent specific statutory authority) where a suit for damages provides a clear remedy. Thayer Plymouth Center, Inc. v. Chrysler Motors (1967) 255 Cal.App.2d 300, 307; Pacific Designs Sciences Corp. v. Sup.Ct. (Maudlin) (2004) 121 Cal.App.4th 1100, 1110. Conversely, injunctive relief is more likel...

Excerpt: ...lly “Gaffney” and “Downs”, respectively). The Complaint pleads causes of action for discrimination on the basis of sex; hostile work environment sexual harassment; quid pro quo sexual harassment; retaliation; failure to prevent discrimination and harassment; and constructive discharge in violation of public policy. For the following reasons, the Motion for Summary Judgment, or, in the alternative, Summary Adjudication, is granted in part ...

Excerpt: ...der the “total picture,” including “the condition of the court calendar, the dilatory conduct by plaintiff, prejudice to defendant of an accelerated trial date, and the likelihood of eventual mandatory dismissal if the early trial date is denied.” Salas v. Sears, Roebuck (1986) 42 Cal.3d 342, 349. This is a complicated, multi‐party construction defect case involving the installation of over 19,000 linear feet of a public sanitation syst...

Excerpt: ...ause of action in the cross‐complaint on the ground each fails to state facts sufficient to constitute a cause of action. (Code of Civil Procedure §430.10 (e).) Cross‐ Defendant also demurs to each cause of action on the ground they are ambiguous and unintelligible, thus subject to a special demurrer for uncertainty. (Code of Civil Procedure § 430.10(f).) The limited role of a demurrer is to test the legal sufficiency of a complaint. It rai...

Excerpt: ...efendant in the amount of $345,303.40, but does not identify any specific bank accounts or real property. For the following reasons, the application is denied. Factual Background Defendant executed a Note Payable in Plaintiff's favor in the amount of $300,000. Complaint at ¶ 16. The Note provided for an interest and principal payment schedule and required late charges for each installment that remained unpaid more than 15 days after the due date...