Excerpt: ...quest for Judicial Notice Nelson seeks judicial notice of the complaint and answer on file in a separate, and apparently related case. The request is unopposed. It is granted. However, the Court notes that while it takes judicial notice of the existence of those materials and their contents, it does not take judicial notice of, or otherwise accept, the truth of the matters stated therein. Anti‐SLAPP Motion Deciding Nelson's motion potentially r...

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: ... 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: ... evidence, if any, they envision being presented at the eventual trial of this case. Certainly if there were allegations along the lines of intentional racial discrimination or the like, it would be hard to see how the City could bar discovery into the potentially discriminatory motives or actions of the people involved. As the City points out, however, no claim of that kind is pleaded. So what evidence, if any, does the City itself plan to proff...

Excerpt: ...to dismissal as against this defendant. The complaint, filed in pro per, is quite cursory, alleging in highly conclusory terms that the two defendants are engaged in debt collection and have committed various violations of the Federal Debt Collection Practices Act and California Debt Collection Practices Act. (Actually, the complaint is studiously informative as to whether there are two defendants, or just one operating under two names – a poin...

Excerpt: ...ingham and his wholly owned companies, Lender Scout Corporation (“Lender Scout”), Alansis.Com, Inc. (“Alansis”), and Speak With A Geek, Inc. (“SWAG”). Plaintiff alleges that, from 2002 through 2018, he provided administrative, executive and sales services for Mr. Cunningham and his “ever morphing array of wholly owned and controlled business entities,” most recently (2015‐2018) for Lender Scout, Alansis, and SWAG. (Complaint ¶�...

Excerpt: ...defendant Bosman, was once up for potential sale to Pacific West Communities, and was ultimately emptied, or largely emptied, as a result of code enforcement action by the City of Antioch. Facts The 4thAC alleges the following. Defendant Joe Bosman owns the Wilbur Avenue property. (¶ 2.) On the rear of his property he had 15 tenants who own mobile homes. He was charging them approximately $500/month. He claims that since 2004 he has advised his ...

Excerpt: ...of CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 10/31/19 ‐ 30 ‐ Nevada, Case No. PR16‐00328 (the “Nevada Action”), appellate case Nos. 77763 (Nevada Supreme Court) and 77763 COA (Nevada Court of Appeals) have concluded. The parties shall update the court on the status of the Nevada Action at a Case Management Conference on June 3, 2020 at 8:30 a.m. in Department 33. Because of this ruling, the court decl...

Excerpt: ...f action are barred by the applicable statute of limitation (Code of Civil Procedure §§ 338(d) [fraud, three years]; 339(1) [breach of contract based on negligent misrepresentation, 2 years]; 337 [rescission, four years]). Initially, the Court notes that the parties did not completely comply with the meet and confer requirement of Code of Civil Procedure section 430.41(a). Defense counsel sent a meetand‐confer letter, but the statute requires...

Excerpt: ...e November 29, 2019. The court grants defendants' Request for Judicial Notice filed 9/23/19. It takes judicial notice of the existence and contents of the attached documents. The court disregards the Declaration of Armand Estrada filed 9/23/19 after paragraph 6. Neither a demurrer nor a Motion to Strike is an evidentiary motion. Statements about why paragraphs of the Complaint are uncertain are argument and should be contained in the Memorandum o...

Excerpt: ...the First through Sixth Causes of Action, on the grounds the causes of action are defective because of misjoinder of parties; each cause of action fail to state facts sufficient to state a cause of action; and each cause of action is uncertain. Defendant Yu also maintains the dispute arising from the sale of the property was ultimately mediated between Plaintiff Colbert Trustee and Defendant Yu, and settled during mediation. The parties agreed to...

Excerpt: .... Defendants have objected that this is procedurally improper, and the Court agrees with that objection. Plaintiffs rely on the Ward decision. (See, Ward v. Superior Court (1997) 55 Cal.App.4th 60.) The Court finds this decision distinguishable on two grounds. First, the Court of Appeal did not decide the question of whether a grant deed can properly be cancelled by means of an ordinary noticed motion — in the face of a procedural CONTRA COSTA ...

Excerpt: ...T MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 10/31/19 ‐ 7 ‐ The court may order the lis pendens expunged if: (1) the court finds that the pleading on which the notice is based does not contain a real property claim. (Cal. Code Civ. Proc. § 405.31); (2) if the court finds that the claimant has not established by a preponderance of the evidence the probable validity of the real property claim. (Cal. Code Civ. Proc. § 405.32); and (3) t...

Excerpt: ...rris, seek to sue the City of Richmond for negligence and wrongful death of their mother, Rashanda Franklin. Petitioners' request is DENIED. RELEVANT FACTS The facts of this case are tragic. Ms. Franklin was killed on April 4, 2017 when her ex‐boyfriend, Lawyer Dashaun McBride (“McBride”), shot her inside her car in front of her children while en route to dropping them off at school. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTME...

Excerpt: ...7.) This motion is denied. The court is not authorized to strike an entire complaint because one of several remedies may not be sufficiently pleaded. Apparently, the order that defendants really seek is one striking the “punitive damages allegations” from the Complaint. (See Opening Brief at 2:26.) But that description is not substantially better. “A notice of motion to strike a portion of a pleading must quote in full the portions sought t...

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: ...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: ...ous analysis need not be repeated. In particular, there still remains (1) no basis for asserting that USS‐Posco had any special relationship with plaintiff, such that it could be liable for mere nonfeasance; and (2) no basis for blaming USS‐Posco, as opposed to defendant Belcher, for having started the fire. What is new this time around is a slight shift in the focus of plaintiff's theory of liability, as expressed in its opposition brief. Pl...

Excerpt: ...prises. Blake is alleging that Jesse promised that Blake would inherit family business, but Jesse has changed his mind. Blake claims there is an enforceable contract, and Jesse disagrees. In addition, Blake is also suing because Blake's employment at the car wash was terminated. Contract Claims (C/A 1, 2, 8, 9, 10, 11, 12 and 13) Defendants seek to dispose of the following contract claims: (1) Breach of Contract, (2) Breach of Implied Covenant of...

Excerpt: ...laintiff to place her foot on the most appropriate piece of equipment for the exercise, namely an exercise block or step. Instead (plaintiff's evidence contends), Agredano had plaintiff rest her foot on the outer surface of a treadmill, an inappropriate surface for a number of reasons. (Defendants do not concede that this was negligent, but their present motion effectively assumes that a jury could so find.) Plaintiff slipped and injured herself....

Excerpt: ... weighing all the affidavits, declarations, and other documentary evidence, as well as oral testimony received at the court's discretion, to reach a final determination. (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972.) The trial court's first task is to determine whether the parties have in fact agreed to arbitrate the dispute. “This determination involves two considerations: (1) whether there is a valid agreement...

Excerpt: ...efendants (Bert Dunken and Jason Weeks). “California favors contractual forum selection clauses so long as they are entered into freely and voluntarily, and their enforcement would not be unreasonable.” (Verdugo v. Alliantgroup, L.P. (2015) 237 Cal.App.4th 141, 146 (citation omitted).) The party opposing “bears the ‘substantial' burden of proving why it should not be enforced.” (Id. at 147.) The law governing this motion is concisely an...