Excerpt: ...e November 14, 2019. The basis for this ruling is as follows. A. Defendant's Status As A Bona Fide Purchaser. Plaintiffs allege in conclusory terms that defendant is not a bona fide purchaser for value. But they fail to allege any ultimate facts supporting that conclusion. The mere fact that a trustee's sale is continued one or more times does not indicate some problem with the nonjudicial foreclosure process: continuances are statutorily allowed...

Excerpt: ...plus 5 days for mailing. (Code Civ. Proc. §§ 685.070; 1013.) Defendant timely served the motion but filed it late. This does not present a jurisdictional bar to its consideration. (Hoover Cmty. Hotel Dev. Corp. v. Thomson (1985) 168 Cal.App.3d 485, 488 [“a trial court has broad discretion in allowing relief from a late filing where, as here, there is an absence of a showing of prejudice to the opposing party”].) There is no prejudice here s...

Excerpt: ...ellaAndrade (“SVA”) was the Controller of SBJLG from approximately August 2010 through January 2016. Cross‐Complainant alleges SVA's responsibilities included handling SBJLG's confidential and sensitive financial matters. SVA knew that SBJLG had placed confidence in SVA's integrity to handle certain financial matters, including review of employee's time cards. Cross‐ Complainant alleges SVA breached the duty by knowingly placing her own i...

Excerpt: ...onvenience Disney Construction, Inc.'s work on the SMD1 Sewer Pump Station Project.” Notice at 2:1‐3. Defendant/Cross‐Complainant City of Lincoln (“the City” or “Lincoln”) opposes the MSA. For the following reasons the MSA is denied. Standard Pursuant to Code of Civil Procedure Section 437c(t), “a party may move for summary adjudication of a legal issue or claim for damages other than punitive damages that does not completely disp...

Excerpt: ...ection 2698 et seq., are not subject to arbitration nor do civil penalties for unpaid wages constitute individual claims such that they should be severed for arbitration. I. Background Plaintiff, having provided notice of various Labor Code violations by defendants, brought this complaint under PAGA to seek civil penalties on a representative basis for defendants' Labor Code violations. As part of her employment, plaintiff agreed that “any and ...

Excerpt: ...1‐362. The court has reviewed the declaration of Plaintiff and the later submitted medical records and has concluded that an error was made by the court. The default judgment is far in excess of the evidence produced at the hearing and hence must be set aside. However, vacating a default judgment because it is excessive does not affect the underlying default. It simply returns the case to the default status it had before the erroneous judgment ...

Excerpt: ...bility on the part of Dr. Lee several years after they suit, based upon conversations with an expert consultant. Shortly thereafter, they filed a Doe amendment on September 25, 2018, naming Dr. Lee as Doe 1. Dr. Lee now demurs to the complaint. He argues that the complaint contains no charging allegations against him and that it is uncertain. (CCP § 403.10 (e), (f).) A party who is ignorant of the name of a defendant or the basis for a defendant...

Excerpt: ...y February 13, 2019. Plaintiff filed her original complaint on April 26, 2018 and therein alleged that she was injured when a steel fire door unexpected closed on her. However, after discovery had commenced and the statute of limitations had expired, plaintiff discovered a mistake in her complaint. (See Code of Civ. Proc. § 335.1.) The parties stipulated to allow plaintiff to file an amended complaint, which removed the language relating to a st...

Excerpt: ... Drill Tech's agent or “middle man” for the purpose of purchasing supplies from preselected vendors for use on the Work of Improvement project at SFO International Airport, wherein Plaintiff was a subcontractor. DLD would be paid a 10% commission, calculated as a markup on the costs of goods and delivery charges. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 01/30/19 ‐ 16 ‐ A dispute arose. Plaintiff allege...

Excerpt: ...e Of Action. The First Cause of Action is for breach of contract. Defendants move for summary judgment in part on the ground that this cause of action is barred by the applicable four‐year statute of limitations. (See, Code Civ. Proc., § 337, subd. (a).) Plaintiff sues on two invoices that came due on May 9, 2010. However, plaintiff did not file suit until August 8, 2017, more than seven years later. The issue presented is whether the two invo...

Excerpt: ...xamination of physical items. Bailey v. Superior Court (1970) 4 Cal.App.3d 513, 520‐ 21. The court finds that testing appears reasonably calculated to lead to the discovery of admissible evidence. In making this finding, the court is in no way intimating how it would rule on the admissibility of any results in a further motion for summary adjudication or trial. Test results will be subject to a protective order limiting use to this case. The pa...

Excerpt: ...ed within four years, the petition to vacate or correct an award must be served and filed within 100 days after the service of the award on the petitioner. [Citation.] The same 100‐day limitation applies when vacation or correction of the award is sought by response. … To this latter rule there is only one exception. When the party petitions the court to confirm the award before the expiration of the 100‐day period, respondent may seek vaca...

Excerpt: ...n and Emily Shenson and Plaintiffs David Mariampolski and Megan Frantz (collectively, “Plaintiffs”). The FAC and the FAC‐A plead causes of action against the Park District for (4) nuisance; (4‐ a) withdrawal of lateral support; (4‐b) inverse condemnation; and (6) dangerous condition of public property. For the following reasons, the Demurrer is sustained‐in‐part, and overruled‐in‐part. Request for Judicial Notice The Park Distri...

Excerpt: ... granted herein. See Order Shortening Time on Order to Show Cause Why a Preliminary Injunction Should Not Issue, and an Expedited Discovery Order. It now determines whether the preliminary injunction should issue. BACKGROUND 1. Stearns' business Plaintiff Stearns asserts that it is a nationwide market leader in the mortgage industry. It does not do business with homeowners seeking mortgage loans; rather, it courts mortgage brokers who then deal d...

Excerpt: ...vidually by their first names to avoid confusion.) David alleges that he took over the mortgage payments and other carrying costs for the property beginning in 2010, and he and his parents intended that he take title. But due to a series of recording errors, this never occurred. In a 2011 deed, David erroneously transferred his 50% interest in the property to his parents, instead of the other way around. A 2015 deed corrected this, purporting to ...

Excerpt: ...TRO or Injunctive Relief) Causes of Action. Pursuant to CCP § 437c(f) and (o), Defendants move for summary adjudication on the ground each cause of action lack merits because the Strassers cannot establish one or more elements of the right to a prescriptive or equitable easement over the dispute triangle. Defendants have not established they are entitled to summary adjudication of these causes of action as a matter of law. “The motion for summ...

Excerpt: ...nst Defendant was due to extrinsic fraud, attorney mistake, and excusable neglect. For the following reasons, the motion is granted. Request for Judicial Notice Plaintiff requests judicial notice of several facts. This Request is unopposed. However, whether Defendants Siamak Shemirani or Hasan Redzic had valid contractors' licenses or whether Caspian Enterprise, Inc. has ever been licensed in California is not susceptible to judicial notice. The ...

Excerpt: ...reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” (Code of Civil Procedure §473(b).) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 01/09/19 ‐ 13 ‐ Courts are clear that the deadline to seek to set aside a default is six months from the entry of the default. “The six‐month time limit for granting statutory relief is jurisdictional and the cou...

Excerpt: ...n this case, which are scheduled in January and February. If the pleadings are settled after the Court rules on the various demurrers to the SAC, then Defendant shall file and serve an answer by February 25, 2019 or 14 calendar days after the Court's ruling on the last demurrer or motion to strike as to the SAC, whichever is later. If, however, Plaintiffs are given leave to amend then Defendant need not respond until after the amended complaint i...

Excerpt: ...nant” or “Waste Connections”), Madera Disposal Systems, Inc., Potrero Hills Landfill, Inc., and Waste Solutions Group of San Benito, LLC (collectively, “Landfill Cross‐ CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 15 HEARING DATE: 01/07/19 ‐ 11 ‐ Complainants”). The Cross Complaint alleges causes of action for: (1) declaratory and injunctive relief; (2) unreasonable search and seizure in violation of the fourth ame...

Excerpt: ...mount of $31, 215.00. The court finds Defendant to be the prevailing party and entitled to an award of fees pursuant to Civil Code section 1717. Both the promissory note and deed of trust executed by Plaintiffs contained provisions for an award of attorney's fees in all actions related to the loan. The Court finds that the fee provisions were broad enough to cover both contract and non‐contract causes of action. Although Defendant was not a sig...

Excerpt: ...d ignore pages 21‐24 and Levin's entire argument concerning nondiscriminatory reasons for its employment actions. In its discretion, the Court will consider the argument, but Levin is reminded to follow all rules in future filings. II. Background Plaintiff Joseph Irvin, an African‐American male, has worked for Levin since 1991. In his complaint, he alleges a series of incidents of racial harassment. In the 1990s, someone carved “WHITE POWER...

Excerpt: ...ng whether she is or is not the proper person to represent the trust and the estate in a non‐probate action. In response to an OSC, Ontifade produced probate documents and other evidence establishing her standing in these respects, and the Court announced itself satisfied. That determination, however, went only to whether Ontifade is the right person to be a plaintiff here. The Court did not address whether, in pursuing this action, she needs a...

Excerpt: ...ters, Stryker's motion for leave to file under seal is itself noticed for February 9, which is not only long after this motion, but indeed after the trial date. That timing quirk aside, moreover, Stryker presents no substantive discussion at all as to why there is any justification for filing this evidence under seal. There is only a completely conclusory assertion that the materials in question are confidential, signed by an attorney and not any...

Excerpt: ...ction on her home. Defendants demur on the basis that plaintiff's causes of action fail to state facts sufficient to constitute a cause of action and are uncertain. (See Code of Civil Procedure § 430.10(e)‐(f).) The demurrer is overruled. Defendants shall answer by January 18, 2019. Fraud “The elements of fraud, which give rise to the tort action for deceit, are (a) misrepresentation (false representation, concealment, or nondisclosure); (b)...