Excerpt: ...n is denied as to the disparate facilities claim, with the caveats stated below. The basis for this ruling is as follows. A. Preliminary Matters. 1. Attorney Fees. Plaintiff filed late and defective opposition papers on October 5 and October 11, 2018. At the initial hearing on October 18, the Court gave plaintiff the option of allowing defendant's motion to be treated as unopposed, or continuing the hearing and requiring plaintiff's counsel to pa...

Excerpt: ...her roof and then migrated into the interior, damaging the framing and her personal property. Pacific provided plaintiff a policy of insurance for the home. This dispute turns on whether the policy provides coverage for her losses. II. Motion for Summary Judgment Plaintiff's claims are for breach of contract and breach of the covenant of good faith and fair dealing. Pacific moves for summary judgment on the grounds that the undisputed evidence sh...

Excerpt: ...ariety of arguments in support of its motion. It argues that plaintiff's expert does not have knowledge of current standards and practices. It argues that it had no duty to provide any records and that John Muir could have accessed the records electronically. It argues that Ewing had no authority to request medical records and implies she was negligent in not ensuring her request had been met. It argues that plaintiff was negligent. All these arg...

Excerpt: ... merit. The Kuemeller Defendants' special motion to strike pursuant to CCP Section 425.16 is very similar to the special motion to strike made by Defendant Polizzis and their Trusts. The reason for this is obvious. The Kuemmeler Defendants are not alleged to have any personal criminal liability. (Cmplt, paragraph 24(a)) The Kuemmeler Trust owns 21.7% of the property at issue in the case, 389 South, in Alamo, California 94507. (Cmplt, paragraphs 7...

Excerpt: ...1771, 1778 n.3. Petitioner makes a number of arguments against the suspension order, most of them insubstantial. One of her attacks, however, has substance: DMV's lack of a showing that the officer administering the Draeger breath test was properly trained. Both parties agree that a Draeger test result is inadmissible in a DMV administrative per se (APS) hearing under Title 17 if the officer is not shown to have been properly trained. (The Court ...

Excerpt: ...he body of the complaint.) The next day, Plaintiff applied ex parte for a temporary restraining order. The Court (Judge Weil) heard the ex parte Application, granted the TRO, and entered an Order to Show Cause to show why a preliminary injunction should not be granted, enjoining the Trustee's Sale of the Subject Property. It is unclear whether anyone appeared to oppose the ex parte, but no written opposition was filed. For the following reasons t...

Excerpt: ...to act as to Sherwood's other discovery responses. It denies both sides' requests for sanctions. In addition, on its own motion, the Court strikes Sherwood's answer to the cross‐complaint under Code of Civil Procedure § 436. See Cal‐Western Business Services v. Corning Capital Group (2013) 221 Cal.App.4th 304. (Ordinarily this step would be preceded by an order to show cause, but the Court notes that Sherwood itself argues that this is the a...

Excerpt: ...ts and evidence. The Court observes that it would have been better practice to file a single motion on behalf of all three movants – or, at least, to agree with the other side that three nominally separate motions would be supported by a single copy of the voluminous supporting papers. (The opposing party, AMR, properly filed a single set of opposition papers to all three motions.) Be that as it may, however, the motions obviously may be consid...

Excerpt: ...gement of fees is denied. Summary adjudication as to the third cause of action for breach of fiduciary duty is granted. Defendants' motion for summary judgment/adjudication as to the cross‐complaint is denied. The requests of plaintiffs Johnny L. and Mary E. Moore for sanctions, both under Code of Civil Procedure section 128.7 and for the late‐filed Exhibits O and P, are denied. I. Procedural Issues Plaintiffs' memorandum of points and author...

Excerpt: ...of the judgment. (C.C.P. §§ 685.070, 685.080.) The Kizors seek $64,554.03. They also set forth the amount of the total judgment (after some corrections). The total number still needs to be confirmed. For example, the Kizors' papers state that the Court awarded them $72,336.53 in costs. (Kizor MPA, p. 3, line 4.) In the Court's order of September 20, 2018, however, the Court found total costs for the case of $72,527.77, but awarded only $24,175....

Excerpt: ...low the Motion is denied without prejudice. This is a personal injury matter involving a pool‐ diving incident resulting in Plaintiff's broken neck. Plaintiff was a high‐school senior when he attended a graduation party at CrossDefendants' home. Plaintiff dove into the Cross‐Defendants' pool and broke his neck when Plaintiff's head hit the pool floor. As a result of that injury, Plaintiff is now a quadriplegic. Plaintiff filed a complaint a...

Excerpt: ... of interest by the major shareholders who were looking for a quick cash‐out. Specifically, they alleged that the proxy statement issued by Abaxis was inadequate. Plaintiff filed moving papers seeking a temporary restraining order blocking the sale. The matter was set for hearing more than once, but was never heard. On October 5, 2018, plaintiff filed a motion to approve dismissal of the action pursuant to Code of Civil Procedure section 581(b)...

Excerpt: ... damages and calculates interest at the legal rate from the date of the original judgment, May 13, 2008. Background Plaintiff Lola Davis filed a complaint in 2007 against the Cityfed Capital Inc., Derek Wheat and Victor Gess. She alleged that the individual defendants agreed to start a company with her, but in the end the company went nowhere and Plaintiff was the only one to fund it. She sued the defendants for breach of contract, interference w...

Excerpt: ...l be followed. If not, the parties “may agree on a method of appointing an arbitrator and that method shall be followed.” In the absence of an agreed method, or if the agreed method cannot be followed, “the court, on petition of a party to the arbitration agreement, shall appoint the arbitrator.” Even then, the Court does not select an arbitrator, but “shall nominate five persons from lists of persons supplied jointly by the parties to ...

Excerpt: ...se party, allow, upon any terms as may be just, an amendment to any pleading…” (CCP § 473.) At any time before or after commencement of trial, the court may allow an amendment to a pleading in furtherance of justice. (Code Civ. Proc., § 576; Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 564.) “There is a policy of great liberality in permitting amendments to the pleadings at any stage of the proceeding.” (Berman v. Bromberg (1997) 56 C...

Excerpt: ...Unruh Civil Rights CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: DEPARTMENT HEARING DATE: 12/10/18 ‐ 6 ‐ Act (Civil Code § 51), and 4) intentional infliction of emotional distress (“IIED”). The demurrer is overruled. UHCA shall file and serve its answer by December 24, 2018. UHCA demurs to the entirety of the complaint on the basis that the complaint fails to join a necessary party under Code of Civil Procedure (“CCP”)...

Excerpt: ...a First Amended Complaint on October 25, as evidenced by a file‐stamped copy provided with their opposition papers. No such pleading is found in the Court's physical file, however; it has apparently been delayed, mislaid, or misfiled by the clerk's office. Plaintiffs are requested to provide another physical copy. Second, plaintiffs' opposition papers do not comply with CRC 3.1110(f) and Local Rule 3.42 concerning tabbing of exhibits. Counsel i...

Excerpt: ...t he has received nothing from her. This is unacceptable. Anything filed with the Court must be served on the other party, and proof of such service must be filed with the Court. Although initially pleaded with a number of other causes of action (such as fraud), this is in substance an action to collect a debt. The parties reached a mediated settlement in 2016, under which defendant Niakan was to make payments totaling $46,000 to plaintiff Robins...

Excerpt: ...e § 1281.2 creates a summary proceeding for resolving petitions to compel arbitration. “A petition to compel arbitration ‘is in essence a suit in equity to compel specific performance of a contract.'” Rosenthal v. Great Western Fin. Securities Corp. (1996) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 11/09/18 ‐ 12 ‐ 14 Cal.4th 394, 411 (internal citation omitted). In these summary proceedings the trial ...

Excerpt: ...sitions. None of the other defendants was served with this motion; however, none of the other defendants has filed a first appearance in this case. This motion was filed based upon allegations in the original complaint. Since then plaintiffs have filed two amended complaints, but there appears to be no dispute that cause of action one remains the same in different versions of the complaint. Plaintiffs' motion for summary adjudication as to the fi...

Excerpt: ...of action) are stricken. Courts use a two‐step process for determining whether an action or claims(s) is a SLAPP suit subject to a special motion to strike. Plaintiffs' claims must (1) arise out of Defendants' protected speech and (2) must lack even minimal merit. See Navallier v. Sletten (2002) 29 Cal.4th 82, 88‐89; Jarrow Formulas, Inc. v. LaMarche (2003) 31 Cal.4th 728, 733. The court first determines whether Plaintiffs' claims arise out o...

Excerpt: ...ks to strike the entirety of Plaintiffs' verified complaint (the “VC”) containing four causes of action for: 1) Libel Per Se; 2) Slander Per Se; 3) Intentional Interference with Economic Interest; and 4) Unfair Business Practices. For the reasons stated below, the Motion is granted. The Court notes that Defendant is not the only defendant in this matter, and this ruling does not preclude Plaintiffs' alleged causes of action as to the other de...

Excerpt: ...(Welfare & Inst. Code § 15610.30) and (2) Deed Reformation (Civil Code § 3399). CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 11/08/18 ‐ 15 ‐ This motion came on previously for hearing on October 10, 2018. At that time, Plaintiff objected to the Reply evidence filed by Defendant. The Court permitted both parties to file supplemental briefs by October 24, 2018. The hearing on the motion was continued to Novemb...

Excerpt: ...is a small Brentwood auto dealership. Defendant Carl Watkins is its President/CEO. (UMF 1.) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 11/08/18 ‐ 8 ‐ Plaintiff Muranishi had his own auto dealership in Livermore, called EMotors. In April 2013, he asked Watkins for permission to sell 21 of his cars off Brentwood Motorsports' lot because his lot failed. (UMF 2.) Watkins agreed. Thereafter, Brentwood Motorsports...

Excerpt: ...'s six causes of action, pursuant to CCP § 437c(f). Defendant Robert Half, International's Motion for Summary Judgment is denied. Defendant failed to establish there are no triable issues of material fact as to each of Plaintiff's six causes of action. Defendant's Motion for Summary Adjudication is granted in part and denied in part. Background Plaintiff Sandra Fabian was a contracted employee to Defendant Robert Half International. Plaintiff be...