Excerpt: ...vance knowledge of the unfitness of the employee and employed him or her with a conscious disregard of the rights or safety of others or authorized or ratified the wrongful conduct for which the damages are awarded or was personally guilty of oppression, fraud, or malice. With respect to a corporate employer, the advance knowledge and conscious disregard, authorization, ratification or act of oppression, fraud, or malice must be on the part of an...

Excerpt: ... at 4507 Howa rd Street in Westley, California – which is in Stanislaus County. The Contract was executed in 2007 by Defendant Mehrabi and an individual named Kiumars E. Khajevandi. The Contract required a deposit of $270,000 and thereafter monthly payments of $6,300 until the remaining $1,080,000 balance was satisfied. The deposit was made, and payments were commenced. In 2010, the Contract was assigned to Ameri Oil, an affiliate of Plaintiff....

Excerpt: ...fit private sc hool. NLA is owned and operated by Plaintiffs Cassondra Hull (Cassondra) and Mark Hull (“Mark”). (PMF 2.) Defendant Walnut Creek Presbyterian Church (WCPC) is a California non -profit organization and church. WCPC owns a property on Lacassie Avenue in Walnut Creek that contains the church itself, as well as a gymnasium, a playground, and classrooms/mixed -use rooms (the property). From approximately 2019 to July 2021, WCPC's Di...

Excerpt: ...e fifth cause of action is sustained, with leave to amend. Background This case involves a dispute between neighbors over construction and other related activities on defendant Peter Docter's property in Lafayette. The litigation generally involves a development project on residential properties located at 19 Springhill Road and 20 Springhill Road ("Docter Properties") which border Plaintiff Hoffman's residence at 18 Springhill Road. (Compl. ¶¶...

Excerpt: ...ive relief. The Complai nt alleges causes of action for (1) public nuisance, (2) injunctive relief to abate nuisance, and (3) declaratory relief. Defendant demurs to Plaintiffs' compliant pursuant to Code of Civil Procedure (“CCP”) § 430.10(a) and (e) on the grounds that the Court lacks jurisdiction to grant Plaintiffs' requested relief, and the grounds that Plaintiffs' nuisance claim is barred by Civil Code § 3482. For the following reason...

Excerpt: ...tiff Jeffry Humble, individually and as guardian ad litem for Jamani Humble (Jamani), a minor, brings this action against defendants City of Hercules, Chief of Police Joseph Vasquez (Vasquez), Hercules police officers Christopher Hallford (Hallford) and Marco Vallejo (Vallejo), and Contra Costa County, for wrongful death, personal injury and survivorship damages arising out of a tragic motor vehicle accident on March 23, 2023 in which a vehicle a...

Excerpt: ...brought in Lo s Angeles County, case number GC041389 filed on August 28, 2008. The Complaint contained four cases of action centered around breach of a business loan between Bank of America and Defendant Quantum Travel. (See Gost Supp. Decl. at Ex. 1.) The Loan Agreement attached to the Complaint as Exhibit 1 is titled “Advantage Business Credit Line/Loan Agreement.” (Id.) Default Judgment was entered on November 17, 2008. (RJN Ex. 1.) An Abs...

Excerpt: ...e FAC on May 8, 2 024. The Court overruled in part and sustained in part the demurrer. Plaintiff was granted leave to amend. The operative Second Amended Complaint was filed on October 8, 2024. On October 23, 2024, Defendants filed a Substitution of Attorney replacing their former counsel with their current attorney of record. On November 7, 2024, Defendants filed an Answer to the SAC, Cross Complaint for Damages, as well as the instant Petition ...

Excerpt: ...8, 2022. Plaintif f named defendant Marjie Decker via Doe amendment on October 28, 2024. Defendant Decker now moves to strike the Doe amendment on the sole ground that plaintiff was aware of her identity at the time he filed the complaint. Plaintiff opposes. Discussion Code of Civil Procedure “[s]ection 474 allows a plaintiff who is ignorant of a defendant's identity to designate the defendant in a complaint by a fictitious name (typically, as ...

Excerpt: ...laintiff is a lso suing the Brothers' sister, Le Thi Hong Pham, for breaching her agreement to pay for legal work provided by Plaintiff. Plaintiff is suing Defendant Le Pham for causes of action (2) breach of contract regarding the agreement to pay Plaintiff for their work, (3) unjust enrichment, (4) account stated, (5) quantum meruit and (6) breach of contact regarding Le Pham's loan to the Brothers. As to the motion for summary judgment, Le Pha...

Excerpt: ...e MJOP on August 16, 2024. Plaintiff was granted leave to amend and was ordered to file any amended complaint by 4:00 p.m. on August 30, 2024. Plaintiff never filed an amended complaint. On October 11, 2024, Defendant Pinole Station filed a motion for entry of judgment based on Plaintiff's failure to file an amended complaint. The other defendants joined the motion. The Court granted the motion on February 14, 2025. Judgment in Favor of Defendant...

Excerpt: ...ges that her cred it union, defendant Self -Help Federal Credit Union, wrongfully charged both overdraft (“OD”) fees and nonsufficient funds (“NSF”) fees for resubmissions of the same transactions. Plaintiff alleges that defendant's practices maximized fees contrary to its members' contracts and in violation of the laws. (SAC, ¶3.) Specifically, “more than one Non -Sufficient Funds fee (“NSF Fee”), or an NSF Fee followed by an over...

Excerpt: ... and accepts credit cards for purchases of its goods and services. (Compl. ¶ 15, 16.) She alleges that eero unlawfully requires persons who make purchases from eero online using a credit card to provide personal identification information ("PII"), such as first and last name, home address, email address, zip code, and IP address with each credit card purchase in order to complete the sale. (Compl. ¶¶ 6, 16 -18, 21.) The goods she purchased wer...

Excerpt: ...ound and Settleme nt Terms The complaint alleges that defendant sold ski left tickets by advance purchase for use on a specific day, but did not honor those tickets due to undisclosed terms and conditions regarding parking capacity. The original complaint was filed on March 16, 2021. Defendant's demurrer was overruled. Substantial discovery was undertaken, and a class was certified. The class consists of: All natural persons who purchased a singl...

Excerpt: ... complaint an d is sustained with leave to amend as to the fourth, fifth, and sixth causes of action. Background This matter arises from Plaintiff's attempts to collect on a debt owed by the son of Defendant, Michael Tiner [Debtor]. Plaintiff alleges that Debtor transferred his property to Defendant fraudulently to avoid Plaintiff's collection of his judgment. Based thereon, Plaintiff alleges two causes of action for Voidable Transaction based on...

Excerpt: .... A. Backgrou nd and Settlement Terms The original complaint was filed on June 30, 2021, raising class action claims on behalf of nonexempt employees, alleging that defendants violated the Labor Code in various ways, including failure to pay minimum and overtime wages, failure to provide meal breaks, failure to provide proper wage statements, failure to reimburse necessary business expenses, and failure to pay all wages due on separation. The set...

Excerpt: ...diary, text messages, memos, letters, emails regarding the subject incident.” Defendants responded without objection. A month later, they served amended responses asserting the spousal communication privilege, and included a privilege log that identified certain text messages as subject to the privilege. Plaintiff asserts that defendants waived the privilege both by failure to assert it in the initial response, and by placing the matters “in ...

Excerpt: ...tion is denied. Background Mays and Allen are the only members of the limited liability company named RxAccess Partners LLC [Company]. (Complaint, ¶ 17; Cross -Complaint [XC], ¶ 7, Ex. 1.) The Company was formed and the parties entered into an Operating Agreement for the Company on or about May 15, 2024. (Ibid.) Allen contends that “[t]he Company was formed to combine Cross -Defendant's pharmaceutical market access skills with Cross -Complain...

Excerpt: ...la Colbert is a residential tenant at a property in Richmond and is suing the defendants for various claims related to habitability problems at her rental. Defendants seek to strike the prayer for relief for punitive damages. (Comp. Prayer C.) Defendants also seek to strike “all references to punitive damages throughout the Complaint”. Defendants did not identify the language to be stricken or which paragraphs include the references to puniti...

Excerpt: ...12, 2024. On April 26, 2024, Plaintiff served Damato with a request for entry of Damato's default at the same address where subservice was effectuated. (Req. for Entry of Def. filed 4/26/2024.) On August 15, 2024, Plaintiff served Damato with a copy of Plaintiff's case management conference statement, also at the same address where subservice was effectuated. (POS filed 8/15/2024.) Damato appeared in person at the case management conference held ...

Excerpt: ...support of the mo tion, and the reply brief filed on 3/5/2025. On 2/27/2025, Defendant / Cross -Defendant United Parcel Service, Inc. filed and served an opposition to Plaintiff's Motion to Compel also filed an opposition to plaintiff's separate statement in support of its notice of motion to compel further response to Document Demand Nos. 18 -19; 33 -37. The Court notes that the Opposition was redacted was redacted pursuant to an order to seal, ...

Excerpt: ...dication as to the first, second, third, fourth, fifth, seventh, eighth and ninth causes of action that was filed by Defendants and denied by the Court on 1/8/2025 in its entirety. The Court also denied the motion for summary judgment on the Cross -Complaint filed by Hoi Su and Calyx Realty. The Court specifically found that there are triable issues of fact and/or that Defendants failed to meet their burden that they are entitled to judgment as a...

Excerpt: ... following reasons, the D emurrer is overruled in its entirety. Meet and Confer Requirement Defendants detailed their meet and confer efforts with Plaintiff's counsel in the Declaration of Ernest Chen. Defendant's counsel explained his meet and confer efforts regarding the Second Amended Complaint (“SAC”) made over an August 6, 2024, email. (Chen Decl. at ¶ 2.) In a letter dated August 15, 2024, Plaintiff's counsel response letter was unable...

Excerpt: ...sel and Defendant Jeannie Gregori (Jeannie). Proof of service of the Amended Notice of Hearing of the Demurrer to Gilbert J. Gregori's cross -complaint was filed with the Court on 11/27/2024 The Demurrer is sustained without leave to amend for the following reasons. Brief Background Plaintiff Old Republic Title Company (ORTC) filed this action on September 21, 2023 seeking declaratory relief as to the rightful owner of real property sale proceeds...

Excerpt: ...An answer sha ll be filed and served on or before March 24, 2025. I. Factual Background The relevant facts are as alleged in the FAC. Plaintiff contends that defendants Xiaomin Meng and Huazhen Chai, despite having a duty to do so, failed to control their dog in a safe manner, at or near the Werner Dredger Cut in Discovery Bay, California. As a result, the dog struck and knocked plaintiff over, which caused her serious and substantial injuries, i...