Excerpt: ...f leave to amend. Its order further stated that any amended complaint “shall be filed and served on or before December 29, 2017.” (See Ex. A to Wagster Decl.) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 03/19/18 ‐ 3 ‐ Plaintiff filed his First Amended Complaint on December 29, 2017, but failed to serve it on the two moving defendants by December 29, 2017. Plaintiff did not serve it on these defendants unt...

Excerpt: ... relevant time, Romdhane was negotiating with State Farm, who advised him that while it represented Bravos, it could not accept service on his behalf. State Farm specifically requested that it be notified when the cross‐complaint was served, or before seeking entry of a default. Eventually, Romdhane obtained an order permitting service by publication. On October 13, 2017, however, Romdhane managed to personally serve Bravos, according to a proo...

Excerpt: ...ty. The underlying claim arises from a prior case, in which James and Christine Dean sued Abacus Financial Group. At one point during that matter, Ms. Hinchman allegedly signed a declaration drafted by the Dean's counsel, Zelis. Amado claims that this violated various duties toward him and Abacus Financial. He issued subpoenas to Christine Dean and Zelis seeking information concerning the declaration, and the draft declaration itself. The matter ...

Excerpt: ...arties whether or not the amended complaint changes any allegations regarding all parties because an amended complaint generally supersedes the original complaint for all purposes. (See 1 Weil & Brown, California Practice Guide: Civil Procedure Before Trial § 6:688, p. 6‐193; State Compensation Ins. Fund v. Superior Court (2010) 184 Cal.App.4th 1124, 1130.) The court does not work with one complaint for the parties that choose to answer rather...

Excerpt: ...ase real property. Plaintiff alleges that she has performed her obligations while Defendants have not. Plaintiff filed her complaint on June 23, 2017. On July 25, 2017, Defendant Sobayo, in pro per, filed answers on behalf of himself and his corporation, Kingsway. Plaintiff filed a motion to strike Defendants' separate answers and Defendant Sobayo's cross‐complaint. This Court denied the motion as it related to Defendant Sobayo individually, bu...

Excerpt: ...y the Cigna defendants with rigor, but it appears uncontested for purposes of this action that at least some Cigna entity is a health insurer, governed by the Knox‐Keene Act. ASH is Cigna's agent for claims administration. Diablo alleges that it has provided treatment for Cigna's insured patients, but that Cigna and ASH have underpaid Diablo. The FAC contains a number of listed causes of action, but for analytical purposes they may be grouped i...

Excerpt: ...s of $100,000 to $150,000. PLSCS characterizes the loans as “usurious, unconscionable, unfair, predatory, and fraudulent.” The only meat attempted to be placed on the bones of that string of pejorative adjectives, however, is the conclusory allegation that the loans charged interest rates in excess of what is lawfully allowed. 1st C/A‐Violation of California Civil Code § 1916.1 2nd C/A—Violation of Civil Code § 1916.2 At the outset, cro...

Excerpt: ...n Rodriguez was asked to address the following issue of statutory construction: whether Section 473(b)'s requirement that the “application for relief” be “in proper form” means verified discovery responses must be served with a motion for mandatory relief from a terminating sanction when that sanction was based on failure to respond to discovery. The Court answered, yes. An application for relief from a terminating discovery sanction is �...

Excerpt: ... served as Levandowski's transactional attorney for roughly a decade and took part in many of the transactions that underlie Google's claims against Levandowski. Gardner filed a motion to quash the subpoena arguing that depositions of opposing counsel are presumptively invalid. The arbitration panel ultimately denied the motion. Standard of Review The Court first addresses the appropriate standard of review. Google contends that under Bak v. MCL ...

Excerpt: ...on Service (“Northern”). The motion is denied because a genuine issue of material fact exists regarding the amount Lyon owes on the policy. In relevant part, the policy agreement between SCIF and Lyon provides as follows: “E. The premium shown on the Declarations, schedules and endorsement is an estimate. The final premium will be determined after this policy ends by using the actual premium basis and the proper classifications, rates and r...

Excerpt: ...intiff is suing Defendants for (1) tortious breach of the implied warranty of habitability, (2) contractual breach of the implied warranty of habitability, (3) breach of contract, Civil Code §3300, et seq., (4) breach of quiet enjoyment, Civil Code §1927, (5) private nuisance, Civil Code §3501, et seq., (6) premises liability, Civil Code §1714, (7) retaliation, Civil Code §1942.5, (8) negligence, (9) constructive eviction, (10) retaliatory e...

Excerpt: ...T: 09 HEARING DATE: 03/14/18 ‐ 9 ‐ Defendants Gold Star Mortgage Financial Group and Ernesto Gomez's demurrer to the second cause of action is sustained with leave to amend. “The elements which a plaintiff must plead to state the cause of action for intentional interference with contractual relations are (1) a valid contract between plaintiff and a third party; (2) defendant's knowledge of this contract; (3) defendant's intentional ...

Excerpt: ...tiff from pursuing the new legal theory set forth in the proposed Second Amended Complaint, but shall preclude plaintiff from pursuing the implied‐inlaw public easement theory. The Court rules as follows: Defendants Frederick Hill, Pamela Hill, Andrew Bassak and Rebecca Bassak's motion for summary adjudication is granted. A defendant meets its burden on a motion for summary adjudication by showing either that plaintiff's claims have no merit or...

Excerpt: ...y located at 2116, 2218, 2120, and 2122 Barrett Ave, Richmond, CA 94801 (the “Subject Property”). Plaintiff pleads thirteen causes of action relating to the circumstances of the money used to purchase the property as well as torts between the parties. Though styled as a “Motion for Restraining Orders and Preliminary Injunction,” the briefing appears to solely request a preliminary injunction. Furthermore, the Court notes this Department i...

Excerpt: ...at the pending motion for summary judgment may be treated as a motion for summary adjudication of the existing causes of action. Defendants have been put to the considerable expense of bringing the motion, and fairness demands that the motion be heard on its merits despite plaintiff's last‐ minute decision to try to amend his complaint. If, as the Court has tentatively decided, the motion for summary adjudication is granted, plaintiff shall omi...

Excerpt: ...tentional interference with contractual relations are (1) a valid contract between plaintiff and a third party; (2) defendant's knowledge of this contract; (3) defendant's intentional acts designed to induce a breach or disruption of the contractual relationship, and (5) resulting damage. See Pacific Gas & Electric Co. v. Bear Stearns & Co. (1990) 50 Cal.3d 1118, 1126. Subtronic previously demurred to this cause of action on two grounds: (1) elem...

Excerpt: ...es, in part, as follows: [Following] an order of suspension or revocation of the person's privilege to operate a motor vehicle after the hearing pursuant to Section 13558, the person may file a petition for review of the order in the court of competent jurisdiction in the person's county of residence. . . .The review shall be on the record of the hearing and the court shall not consider other evidence. If the court finds that the departme...

Excerpt: ...Court to undertake a two‐step analysis. First, the Court must determine if the conduct Dr. Braunstein allegedly engaged in is activity protected by section 425.16. If the Court answers that question in the negative, the analysis stops and the motion must be denied. If the Court answers that question affirmatively, the Court must then analyze Karkanen's probability of prevailing on the merits. Navellier v. Sletten (2002) 29 Cal.4th 82, 88‐89; ...

Excerpt: ... as 10359 San Pablo Avenue in El Cerrito. The lease was renewed in 2009. In 2014, the Wongs attempted to evict Ms. Tan for failure to pay the rent in September and October. They filed an action, Wong v. Tan (Contra Costa Superior Court Case No. RS14‐ 1020.) Defendant Tan successfully defended that action. On March 18, 2016, the Wongs filed another unlawful detainer, Contra Costa Superior Court Case No. RS16‐0235. (See Defendant's RJN, Ex. B.)...

Excerpt: ...al requested is $9,550 for 19.1 hours by Michael S. Burk (at $500 per hour), $29,980 for 82.8 hours of work by Emily Fowler (at $350 per hour), and $3,553.31 in CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 03/12/18 ‐ 8 ‐ costs. Plaintiff argues that the request is excessive because the hourly rates are too high and the hours include time spent on matters other than the Anti‐SLAPP motion. Plaintiff argues tha...

Excerpt: ...gn the 1999 deed, or that she did not. Defendant's effort to knock out plaintiff's duress theory is being rejected today for procedural reasons (line 9). But the briefing on that motion is nevertheless revealing: Facing a limitations attack on her claim of having been coerced into signing a deed 19 years ago, plaintiff seeks to rescue that claim from limitations by giving it away substantively – attesting that she actually didn't sign the deed ...

Excerpt: ...here there is more than one appellate court decision, and such appellate decisions are in conflict,” the inferior tribunal “can and must make a choice between the conflicting decisions.”). WCA2 contends the Court ought to follow the Fifth District Court of Appeal's decision in Esparza v. KS Indus., L.P. (2017) 13 Cal.App.5th 1228 (“Esparza”). Opposing the Motion, plaintiff Landen Ely (“Ely”) contends the Court ought to follow the Fo...

Excerpt: ... by matters that can be judicially noticed. [Citations.] [Citation.]' [Citation.]” (Pointe San Diego Residential Community, L.P. v. Procopio, Cory, Hargreaves & Savitch, LLP (2011) 195 Cal.App.4th 265, 274.) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 03/01/18 ‐ 2 ‐ This action arises out of a motor vehicle accident that occurred on or about May 25, 2014. Plaintiff Andrew Mark Robinson was injured when his ...

Excerpt: ...ce set for April 17, 2018 is off calendar. It appears that none of the parties are arguing that the fee motions should be stayed pending the appeal by 7 Stars Holistic Foundation, Inc. and Zeaad Handoush. If any party plans to argue that one or more of the pending attorneys' fees motions should be stayed pending appeal that party shall file and serve a motion to stay on or before March 16, 2018. The hearing on any such motion shall be on April 12...

Excerpt: ... alleges that defendant “negligently . . . continued to apply vacuum extraction (VE) . . . . after three failed attempts; continued to apply VE for more than 10 minutes; used forceps after multiple failed VE attempts; failed to follow protocol regarding the use of VE and use of forceps; failed to perform CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 03/01/18 ‐ 5 ‐ an episiotomy; failed to adequately monitor t...