Excerpt: ...oduce substantial evidence that the alleged defects in rubber solvents cause the harm to plaintiffs. A. Standard for JNOV The standards for the motion are well‐described by the parties and are not materially in dispute. In summary, the court does not simply determine whether it agrees with the jury's findings, but whether the verdict is without foundation. (Oakland Raiders v. Oakland‐ Alameda County Coliseum, Inc. (2006) 144 Cal.App.4th 1175,...

Excerpt: ...Does that mean that every promotion likewise results in a new employment? That the County may or must go back and pay Kensok for his unused vacation as of the date he first entered upper management in 2012 and pay him for those hours at the lower rate he was earning then rather than at the presumably higher rate in 2018? While the County's apparent policy of paying unused vacation at an employee's final rate causes what Kensok perceives to be a h...

Excerpt: ...been entitled to a point‐by‐point admission or denial of the Complaint's allegations only if he had verified the Complaint. (Ibid.) B. Not Affirmative Defenses. Plaintiff demurs to certain affirmative defenses on the ground that they are not really affirmative defenses, but rather constitute extraneous legal contentions more appropriately asserted in law and motion papers. These defenses are as follows: the First (“failure to state facts su...

Excerpt: ...�) (collectively, “Defendants”). The Demurrer relates to Plaintiff Abbington Owners' Association (“Plaintiff” or “Abbington”)'s Complaint for (1) Violation of Civil Code Section 895, et. seq.; (2) Violations and Enforcement of Governing Documents; (3) Breach of Fiduciary Duty; (4) Breach of Construction Contracts; (5) Strict Liability; (6) Negligence; and (7) Breach of Implied Warranty. Defendants demur to the fourth, sixth, and seven...

Excerpt: ...��) and their related business entity, Bass Medical Group (“Bass Medical”). Dr. Mack and Dr. Araim practice in Tulare County. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 07/24/19 ‐ 12 ‐ Bass Medical is headquartered in Contra Costa County. See Declaration of Mark Canepa (“Canepa Decl.”), paragraph 4, 7 and Exhibit A. Plaintiffs filed their Complaint on November 5, 2018. Plaintiffs claim that Defendant...

Excerpt: ...h defendant, the manner in which the current motion was briefed leaves the issue of gross negligence inadequately addressed. 1. Background. On December 29, 2017, plaintiff tripped and fell at Forma Gym in Walnut Creek, California while entering the shower due to a mat whose edges were raised. He broke his hip. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 07/24/19 ‐ 8 ‐ Defendant moves for summary judgment, arg...

Excerpt: ...relief action on February 28, 2017. Annie's filed its cross‐complaint for declaratory relief on April 3, 2017. The sole dispute in both complaints concerned whether defendant had properly exercised a lease renewal option as defendant maintained or had converted to a month‐to‐month tenancy as plaintiff maintained. The court granted defendant's motion for summary judgment, accepting defendant's interpretation of the contract. Despite losing o...

Excerpt: ...R remedies statute, provides in pertinent part as follows: (h) A court may award a prevailing borrower reasonable attorney's fees and costs in an action brought pursuant to this section. A borrower shall be deemed to have prevailed for purposes of this subdivision if the borrower obtained injunctive relief or was awarded damages pursuant to this section. [Emphasis added.] The Hardie decision holds that section 2924.12 authorizes the award of atto...

Excerpt: ...nd (3) unjust enrichment, and sued the corporate Defendant for (4) injunctive relief to get corporate documents. Defendants have demurred to each cause of action for the failure to state a claim. On the first three causes of action, Defendants argue that the amended complaint is a sham pleading and the statute of limitations has expired. On the first claim for fraud, Defendants also argue that reliance has not been alleged. As to the fourth claim...

Excerpt: ... out of his request for assistance with obtaining CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 07/19/19 ‐ 13 ‐ employment in the field of water and liquid waste treatment plant and systems operations. Specifically, plaintiff alleges that DOR failed to provide him with and properly implement an Individualized Plan for Employment (IPE) related to his desired participation in Solano Community College Bay Area Con...

Excerpt: ...ion. Defendant has filed a demurrer that, while technically meritorious, is entirely pointless as a practical matter and will have no effect but to force plaintiff to replead its claims in a more appeal‐proof form. The demurrer is unopposed, and it is sustained with leave to amend. Any amended complaint must be filed and served by August 2, 2019. (A housekeeping matter first: Defendant's points and authorities and meet‐and‐confer declaratio...

Excerpt: ...ge. Some of the defendants were never served, and apparently still haven't been served. The defendants that were served all demurred. The Court sustained all such demurrers, mostly with leave to amend, with the direction that any such amendments be filed in a single, consolidated first amended complaint. Plaintiff missed the deadline for amending, but then obtained counsel and filed the FAC. The FAC names seven defendants. One of these is Contra ...

Excerpt: ... complaint recites that it attaches the key transactional and title documents (such as the grant deed and the deed of trust) as exhibits to the complaint, in fact what is attached bears no resemblance to the recited documents. It appears to be a set of internet printouts of unknown, sketchy origin and no apparent relevance. (Also, the exhibits are not tabbed as required by the CRC and local rules.) The deed of trust is provided by defendants in t...

Excerpt: ...i restaurant in Concord, California under the name, “Naan N Curry,” in Concord, CA. See Declaration of Muhammed Akbar (“Akbar Decl., paragraphs 2, 3, 4) A year prior to the restaurant's opening, Atique Rehman (“Rehman”), Akbar's brother‐inlaw, incorporated Ariana. The purpose of the incorporation was to own and operate Naan “N” Curry, located at 2068 Salvio Street in Concord. Akbar is the President of Ariana Food. See Akbar Decl.,...

Excerpt: ...constitutional right of petition or the constitutional right of free speech in connection with a public issue or an issue of public interest.” The parties focus on whether the statements involved a matter of public interest. After the filing of this motion, the California Supreme Court added a second prong of analysis when determining if something is protected activity under (e)(4). In FilmOn.com Inc. v. DoubleVerify Inc. (2019) 7 Cal.5th 133 t...

Excerpt: ...ment or writing made in a place open to the public or a public forum in connection with an issue of public interest”. Plaintiffs are suing Sinclair for making allegedly disparaging and false statements about New U Life, its products and Goldstein. Plaintiffs' complaint focuses on statements about: (1) the side effects of the Plaintiffs' product, (2) that Goldstein stated no one with cancer should use the product, (3) that Goldstein stated woman...

Excerpt: ...TC's business due to the dissension amongst the parties and an appointment of a receiver is necessary to protect and preserve Plaintiff's property, the “Requested Information” (the books and records of CITC). Although Plaintiff disputes CITC's books and records are joint assets, the Court is “authorized to appoint a receiver ‘in an action . . . between partners or others jointly owning or interested in any property or fund . . . where it ...

Excerpt: ...1. There Is No Jurisdiction. A judgment was entered in favor of the individual defendants on May 15, 2019. The entry of this judgment deprived the Court of jurisdiction to hear any motion for reconsideration concerning the individual defendants. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 859, fn. 29 [“[a]fter entry of judgment, the superior court did not have jurisdiction to entertain or decide a motion for reconsideration”]; A...

Excerpt: ...y been decided by the Alameda Superior Court in 3050 College Avenue Homeowners Association v. Azari, et al., Case No. RG19014082 in a petition brought by 3050 College Avenue Homeowners Association to correct the same arbitration award (in two awards, one, dated February 28, 2018 and the other, August 20, 2018). CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 07/17/19 ‐ 4 ‐ The filing of this case in Contra Costa ...

Excerpt: ... on the pleadings, a court may consider a party's judicially noticed admissions which cannot reasonably be controverted.) Accordingly, judgment is entered in favor of plaintiff and against defendant Anderson in the amount of $77,066.64. With respect to prejudgment interest, none of the requests for admission specifically related to Civil Code 8800(a) and the issue of whether or not “a good faith dispute” ever existed between the parties. The ...

Excerpt: ...e two lis pendens at issue in this case: one recorded August 21, 2017 and one recorded April 17, 2019. (See defendants' RJN Exs. B and H.) It is not clear if the 2019 lis pendens was recorded with the County since defendants' notice of motion refers to the filed lis pendens and defendants' copy of the 2019 lis pendens does not include a stamp from the Recorder's Office. Plaintiff's opposition states that she “recorded and filed” a Notice of P...

Excerpt: ... (first sentence and the Offer itself), 55, 56, 57, 59 (first sentence and the Offer itself), 60, 61, 62, 64, 65, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76.) Background Plaintiff, James Reed, is the trustee of a life insurance trust that he created for the benefit of his estate‐planning client, decedent Priscilla Allen. The company that originally wrote the insurance policy was Central Life Insurance Company. Through a series of transactions, the ...

Excerpt: ...y allege fraud. Taken together, they allege that cross‐defendants falsely misrepresented that the prior kitchen contractor was licensed, and was being replaced only due to his illness. They also misrepresented that they had obtained permits for the kitchen remodeling project. In fact (the causes of action allege), the job was unpermitted; the prior contractor had been fired for botched electrical work; and the prior work was substandard. Cross�...

Excerpt: ...on to plaintiff was to give her more time to file the opposition. The Court has accordingly considered it. But it fails to persuade. At the outset, plaintiff correctly points out that the several theories argued in the motion are affirmative defenses, which must be alleged in defendant's answer. Defendant's answer (filed in pro per) does not expressly allege any of these theories. As the present motion clearly seeks to adduce these defenses and p...

Excerpt: ... was ordered transferred to this County by order dated September 28, 2015. Thereafter, however, nothing happened in the case at all. The reasons for that are not entirely clear from the file. But based on the motion and the attorneys' representations at a recent CMC, it appears that the transfer did not occur simply because plaintiff did not take the steps necessary for the transfer, particularly payment of the required fee. The matter then langu...