Excerpt: ...s facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. Rule 2.550(d). In addition, the mot...

Excerpt: ...murrer. The Demurrer is opposed (filed as an “Answer” to Defendant's Demurrer) by plaintiffs, in pro per, Greg and Ramona Mayon (collectively “Plaintiffs”). Defendant replied. For the reasons stated below, Defendant's Demurrer is overruled. Defendant shall file an answer on or before April 27, 2018. Brief Factual and Procedural Background Defendant is the landlord and owner of the mobilehome park where Plaintiffs reside. Generally, Plaint...

Excerpt: ...'s motion for attorney fees for the special motion to strike filed against the Original Complaint; (2) 7 Stars Holistic Foundation, Inc. and Zeaad Handoush's motion for attorney fees for both its special motions to strike; (3) Antwon Cloird's motion for attorney fees for the special motion to strike the Original Complaint and (4) Richmond Patient's Group, William Koziol, Darrin Parle, Alexis Parle, and Cesar Zepeda's motion for attorney fees for ...

Excerpt: ...re enjoined and restrained from the following acts, during the pendency of this lawsuit: (1) from selling, transferring, encumbering, conveying or otherwise disposing of any assets of New U Life; (2) from dissolving New U Life, and (3) from using any other entity, such as Strike First Nutrition, to sell New U Life's HGH Gel and testosterone related products. (4) Defendants shall keep and maintain complete and accurate books and records of account...

Excerpt: ...with CCP § 435.5. It has the same meet‐and‐confer requirements as CCP § 430.41 provides for demurrers. The new statute became effective on January 1, 2018. Here, the motion to strike was filed on February 27, 2018. Given the relative “newness” of the statute and there being no objection from the opposing party, the Court will “excuse” compliance this once. However, future motions to strike must comply with CCP § 435.5 or risk being...

Excerpt: ...aintiff must file the declaration required by CCP § 435.5 (a)(3). Before the next hearing, defendant should read the case of CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145, which makes clear that, unlike a natural person, a corporation may not represent itself in court proceedings or represent itself through a non‐attorney officer. Should an attorney fail to file a Notice of Appearance on behalf of Damax before t...

Excerpt: ...fiduciary duty and other similar claims. Answers and Cross‐complaints were filed on 6/17/16, and discovery was served on 7/13/16 by the Schulers, Stones and Turners (“clients”) to Reed (“attorney”), consisting of requests for admission, interrogatories and requests for production of documents. The first Motion to Compel was filed on 9/16/16 because attorney had provided no responses to the discovery requests. Attorney responded to the m...

Excerpt: ...s timely. Therefore, the case will be reassigned to a new judge and notice will be mailed to all parties/counsel. In the meantime, the motion for summary judgment/adjudication of Defendant Clare as to Plaintiff's complaint has been reviewed and the following tentative ruling posted. Neither this motion nor the tentative ruling appear to affect new Cross‐Defendant Jeff Nelson. However, if any party wishes to have the tentative ruling set aside a...

Excerpt: ...Court cannot conclude that collateral estoppel applies as a matter of law. As a result, the MSJ is denied. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 03/29/18 ‐ 6 ‐ Brief Background This case arises out of a landlord‐tenant relationship between two of the plaintiffs, Olga Chan and Feliciano Puerto, and the moving defendant, Sekk Investments. Chan and Puerto were tenants at a property in Concord. In the fal...

Excerpt: ...ion alleged that defendant Universe Ventures owed plaintiff CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 17 HEARING DATE: 03/29/18 ‐ 2 ‐ the amount of $18,006.65. Defendant cross‐complained for quiet title – that is, to extinguish the mechanic's lien. The case came to bench trial on December 18, 2017. Plaintiff's attorney was at the trial, but plaintiff itself failed to appear. Not surprisingly, the result was a complete v...

Excerpt: ...Edgardo Bejarano and plaintiff David Marks (collectively “Plaintiffs”). Defendants have filed a reply. For reasons stated below, the Motion is granted. Relevant Factual and Procedural Background This is a personal injury case involving a motor vehicle collision. Plaintiffs were both riding a single bicycle when they were struck by a vehicle owned by defendant Claudio Escoto and driven by defendant Adrianna Escoto. It is undisputed that Plaint...

Excerpt: ...e effective, such a release must be clear, unambiguous, and explicit in expressing the intent of the subscribing parties. Yet, the release need not achieve perfection. See Paralift, Inc. v. Superior Court (1993) 23 Cal.App.4th 748, 755. The determination of whether a release contains ambiguities is a matter of contractual construction. See Paralift, supra, 23 Cal.App.4th at 754‐ 755. An ambiguity exists when a party can identify an alternative,...

Excerpt: ...he calendar and the parties shall appear (appearance by CourtCall is acceptable) to discuss a new trial date and any other issues related to the continuance of the trial date and/or appropriate for a Case Management Conference. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 09 HEARING DATE: 03/28/18 ‐ 2 ‐ Saicon seeks leave to amend its complaint to substitute Aurionpro's CEO and former CFO as Does 1 and 2 and to make various re...

Excerpt: ...tted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Cal. Code Civ. Proc. § 437c(c). The party moving for summary judgment carries both the burden of persuasion and the burden of production of evidence. (Evid. Code §500; Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 850.) This action arises out of a car accident that occurred on May 11, 2015 on De...

Excerpt: ... Washington, 98002 in conformity with lease and guaranty agreements entered by the parties. The notice to this motion lists only Regency as the moving party, and does not include any of the individual defendants. Thus, the Court only rules as to Regency regarding the motion to quash. However, the Court's ruling regarding the motion to stay for forum non conveniens is binding on all parties. Defendants Timothy Lehner and Deborah Lehner's motion is...

Excerpt: ...g or denial of a preliminary injunction does not amount to an adjudication of the ultimate rights in controversy. It merely determines that the court, balancing the respective equities of the parties, concludes that, pending a trial on the merits, the defendant should or . . . should not be restrained from exercising the right claimed by him or her.” See SB Liberty, LLC v. Isla Verde Ass'n, Inc. (2013) 217 Cal.App.4th 272, 280; Continental Baki...

Excerpt: ...n. Petitioner contends that Respondent omitted the documents she lists and that all of the documents were considered directly or indirectly by the Department in making its decision. Respondent is also alleged to have redacted items from the record and edited the transcripted testimony. Petitioner's request to augment the record is denied for three reasons. First, Petitioner did not produce any of the documents she seeks to add to the record at th...

Excerpt: ...blish that he is “a person who generally understands the system's operation and possesses sufficient knowledge and skill to properly use the system and explain the resultant data …” (People v. Lugashi (1988) 205 Cal.App.3d 632, 640.) Mr. LaMunyon identifies himself as an “Associate” who has “access to certain of Chase's records,” but he does not explain the duties of an Associate within plaintiff's organization. Mr. LaMunyon doe...

Excerpt: ...fendant's employee, Nancy Pfeiffer Hazen, to advise Plaintiff that she should have had a higher amount of underinsured motorist coverage. Plaintiff's husband was killed in a bicycle‐vehicle collision in which the motorist at fault had only $100,000 in liability coverage. Because Plaintiff's policy had only $100,000 for uninsured/underinsured motorist coverage, Plaintiff received nothing on her underinsured coverage after the tortfeasor's carrie...

Excerpt: ...ts held title of the property, but the Plaintiffs were given exclusive possession of the property. (Comp. Ex. A; Pet. Ex. A.) Both of Alison's parents passed away by 2015 and Alison's brother, Defendant Russell Manaday, received the parents' interest in the real property. (Comp. ¶¶9; Pet. ¶¶2‐3.) Recently, the parties have been involved in a dispute regarding the property where it seems that both parties have made some claim to the property...

Excerpt: ...on that ground. On Sladek's demurrer to the First Amended Complaint, the court granted leave to amend these causes of action. The court found that Plaintiff's lack of diligence most likely prevented delayed discovery beyond 2013 for Plaintiff's claims for fraud, breach of fiduciary duty, breach of good faith and negligent misrepresentation. Plaintiff's personal realtor, Jim Calhoun, had informed Plaintiff “sometime” in 2013 that she was not o...

Excerpt: ...s monetary and terminating sanctions. That section provides that every pleading submitted to the court certifies “to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, all of the following conditions are met: (1) It is not being presented primarily for an improper purpose…(2) The claims …are warranted by existing law or by a nonfrivolous argument [for a change in the law]...

Excerpt: ...9 HEARING DATE: 03/05/18 ‐ 3 ‐ “Partition is a remedy much favored by the law.” (LEG Investments v. Boxler (2010) 183 Cal.App.4th 484, 493.) “If the court finds that the plaintiff is entitled to partition, it shall make an interlocutory judgment that determines the interests of the parties in the property and orders the partition of the property and, unless it is to be later determined, the manner of partition.” (Code Civ. Proc., § 8...

Excerpt: ...R COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 03/05/18 ‐ 14 ‐ the trustee, which ultimately resulted in a judgment over $800,000, plus prejudgment interest of $225,000, and attorney fees of $440,000. The current application relates to the expenses of enforcing the judgment and defending the trustee's appeal. (The trial court judgment, issued by a private judge, was affirmed, with one exception.) The order is sought primarily pursu...

Excerpt: ...motion followed. In response to the motion, plaintiff has filed proposed responses, which his counsel states already have been served, and are attached to his supporting declaration as Exhibit B. Those responses are not verified, are dated October 27, 2017, and have no proof of service. They also contain objections, but in each case also provide an answer. All answers, however, either deny the statement or state that plaintiff lacks sufficient in...