Excerpt: ...nt, LLC and Betty Dominici. Plaintiff also move to add additional parties, Maruyama Holdings, LLC (as plaintiff) and Ravelloview LLC, A & A Health Services, LLC, AAHS San Pablo LH, LLC; A&A Living, LLC; Alamo Health Management, LLC; and Alamo Senior Living Management, LLC (as defendants). Plaintiff seeks to add about 12 new claims. The proposed SAC seeks to add Maruyama as a Plaintiff in the furtherance of judicial economy. Maruyama's claim runs ...

Excerpt: ...tructive eviction cause of action fails as a result of CCP section 1166(d)(1); and (iv) that the entire complaint is uncertain under CCP section 430.10(f). Murray opposes. The Meet and Confer The Court has carefully reviewed the declaration submitted by counsel for Kizirian as well as the declaration submitted by counsel for Murray. Kizirian's declaration does not meet the requirements of CCP section 430.41(a) in that it does not specify the mann...

Excerpt: ...ates to Plaintiff Darinka Allen (“Plaintiff” or “Allen”)'s First Amended Complaint (“FAC”) for (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) negligent misrepresentation; (4) negligence; and (5) negligent infliction of emotional distress. Defendants demur to all Plaintiff's causes of action pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on several grounds. For the following rea...

Excerpt: ...dant's Submissions To Appraisal Panel. In a letter dated September 24, 2021, the umpire noted that she had received three documents from defendant's appraiser: (1) “Mr. Halpin's Differences by Trade”; (2) “Mr. Halpin's Dispute Discussion by Trade based upon the 2018/2019 Estimates”; (3) “Mr. Halpin's eagleview area diagram.” (Defendant's Exh. 7, p. 3.) Further, defendant apparently submitted a brief to the appraisal panel on September...

Excerpt: ... Western Dental office in El Cerrito. For the following reasons, Defendant's motion is granted. Request for Judicial Notice Defendant requests judicial notice of the Complaint in this action, Plaintiff's opposition to Defendant's Demurrer dated February 2, 2021, documents filed with the Court on or before June 10, 2021, and Plaintiffs declaration dated July 20, 2021 and filed July 21, 2021. The Court grants the request, but not the truth of any r...

Excerpt: ...l Notice (RJN). It overrules the City's objection to the County's RJN if the City's Opposition to the County's RJN is deemed an objection. The court takes judicial notice of the existence and contents of the exhibits attached to the County's RJN. The court notes that the City filed considerable evidence with its Reply papers, which may be problematic whether the hearing on this writ is considered a law and motion matter or a trial. (See San Diego...

Excerpt: ... Defendant moves to strike on the ground the version of the FAC filed with the Court on December 17, 2021 is not drawn or filed in conformity with the order of the court. On September 20, 2021, Plaintiff filed a motion for leave to file a FAC and attached the proposed pleading. The matter was set for hearing on December 3, 2021. The Court issued a tentative ruling granting the motion. The tentative ruling was not argued and became the order of th...

Excerpt: ...her PAGA‐only complaint. The Second Amended Complaint, filed June 21, 2021, included class action allegations, and added plaintiff Becerra. The settlement would create a gross settlement fund of $150,000. The class representative payment to each plaintiff would be $5,000. Counsel's attorney's fees would be $52,500 (35% of the settlement). Litigation costs would not exceed $10,000. The settlement administrator (Phoenix) would cap its costs at $5...

Excerpt: ...ment This a PAGA case (not a class action), alleging a variety of violations of the Labor Code concerning failure to provide rest and meal breaks, failure to pay minimum wages and overtime, failure to provide a safe working environment, and cascading derivative violations. Defendant operates a manufacturing facility at which Ticas worked until May of 2020. The total settlement payment is $125,000. This is composed in part of attorney's fees of $4...

Excerpt: ...ction. The Court reminds the parties to comply with the formatting requirements for legal memoranda. (See Cal. Rules of Court, rule 3.1113, subd. (d) [page limit] and subd. (f) [tables required for memoranda over 10 pages].) For the reasons explained below, the Court rules as follows: 1. As to the First Cause of Action for Slander of Title, the Court overrules the demurrer. 2. As to the Second Cause of Action for Constructive Fraud, the Court sus...

Excerpt: ...IOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 04/07/22 ‐ 20 ‐ The City argues that all claims fail because of the failure to allege facts showing the violation of a mandatory duty. This argument appears most appropriately addressed towards the first and fourth causes of action for wrongful death and negligent infliction of emotional distress. The Court notes that in ruling on a demurrer in this case it found that the complaint a...

Excerpt: ...entures, LLC ("Creekside") seeks an award of monetary sanctions against attorneys representing defendants O.C. Jones & Sons, Inc. and 14 other defendants ("demurring defendants") and Intervenor Liberty Surplus Insurance Corporation appearing on behalf of its insured, Summit Plastering, Inc., a suspended corporation ("Liberty/Summit"). Plaintiff contends it should be awarded monetary sanctions under Code of Civil Procedure § 128.7 based on a gene...

Excerpt: ...or Code concerning failure to provide rest and meal breaks, failure to pay minimum wages and overtime, and cascading derivative violations. The total settlement payment is $500,000. This is composed in part of attorney's fees of $175,000 (35% of the recovery), $15,627.21 in litigation costs, and $5,000 in costs to the settlement administrator, Simpluris. A plaintiff's service award of $10,000 would be provided. The remainder of the payment, curre...

Excerpt: ...eneral demurrer is sustained, with leave to amend; and (3) the special demurrer for uncertainty is overruled. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 04/06/22 ‐ 4 ‐ Factual Background Pertinent to Motion to Strike and Demurrer Cross‐Complainant Jeri Iancu in the capacity as Executor of the Estate of Jerry Kilarr ("Executor") filed a cross‐complaint with a single cause of action for breach of contract ...

Excerpt: ...on December 13, 2019. An amended proof of service filed on September 23, 2021 indicates defendant Ho was personally served at 939 Clement Street, San Francisco on July 15th. An amended proof of service filed on September 23, 2021 indicates defendant He was served by substituted service on June 27th at 939 Clement Street, San Francisco. After defendants failed to appear, their defaults were entered on October 4, 2021. Both moving defendants appear...

Excerpt: ...against a suit even ‘ “where the evidence suggests, but does not conclusively establish, that the loss is not covered.” ' [Citation.]” (Hartford Casualty Ins. Co. v. Swift Distribution, Inc. (2014) 59 Cal.4th 277, 287.) “ ‘Determination of the duty to defend depends, in the first instance, on a comparison between the allegations of the complaint and the terms of the policy. [Citation.] But the duty also exists where extrinsic facts kn...

Excerpt: ...a member of the District's Measure R Citizens' Bond Oversight Committee. Respondent demurs to Petitioner's writ pursuant to Code of Civil Procedure (“CCP”) § 1089 on the grounds that quo warranto is the exclusive remedy available to Petitioner as the writ relates to a public office. For the following reasons, the Demurrer is sustained, with leave to amend to sue in quo warranto (with permission from the Attorney General). Legal Standard A pe...

Excerpt: ... of dismissal, separate from any formal order on the motion, and shall submit the proposed judgment to plaintiff's counsel for approval as to form. The basis for this ruling is as follows. A. The Pertinent Causes of Action. The operative pleading is now the Third Amended Complaint (“TAC”), filed on November 29, 2021. The Hansen defendants are named in three causes of action: (1) the Eighth Cause of Action, captioned “Constructive Trust”; ...

Excerpt: ...Ms. Standish resided together in plaintiff's home from November 2018 through late April 2019. When the relationship deteriorated, on April 24, 2019, Ms. Standish left the home. The two agreed she would return the next morning for a discussion. Ms. Standish did return on April 25th and plaintiff and Ms. Standish agreed to take a “brief break,” and to talk again the following Saturday. Ms. Standish took some items from the home that morning wit...

Excerpt: ... against Defendant WeBuiltIt4U Inc. (“Defendant” or “WeBuiltIt4U”)'s principal, Jeffrey Lee Klaus as a party to the action. Defendant WeBuiltIt4U Inc. opposes the motion on the grounds that the proposed amendments are based on facts that were well known or should have been well known to Plaintiffs at the time their Complaint was originally filed and that they would suffer prejudice should the amendment be permitted. CONTRA COSTA SUPERIOR ...

Excerpt: ...sued in the claims subject to this demurrer. Plaintiff argues that the demurrer should be overruled based on Defense counsel's failure to meet and confer. “A determination by the court that the meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer.” (Code Civ. Proc., § 430.41 (a)(4).) Defendants demurred to the second, third and fourth causes of action in the fourth amended complaint based on the fai...

Excerpt: ...d Saleem committed intentional misrepresentation by stating in a letter dated July 14, 2017, after the work was completed, that all pertinent work done by the contractor, Eaglelift, was performed “as CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/30/22 ‐ 2 ‐ designed.” This representation was false because not all posts and piers called for in the design were installed. (SAC, ¶ 49.) Alpine now moves for ...

Excerpt: ...ons for issuance of writs of attachment and right to attach orders as to defendants Tony Bess and Juliane Bess, conditioned on Plaintiff posting an undertaking of $10,000, and (2) denies the claim of exemption. Factual Background Plaintiff Seaside Plaza, LLC ("Seaside") has filed a complaint for breach of lease against defendants Tony Bess and Juliane Bess (collectively, the "Besses"). The Pao Declaration supporting the applications attaches an i...

Excerpt: ... the future. It must be supported by actual evidence that there is a realistic prospect that the party enjoined intends to engage in the prohibited activity. (See Code Civ. Proc., § 526, subd. (a)(3).)” (Korean Philadelphia Presbyterian Church v. California Presbytery (2000) 77 Cal.App.4th 1069, 1084.) “A preliminary injunction is proper only if there is a substantial basis to suppose that the defendant, if not restrained, will actually enga...

Excerpt: ...March 2020 through January 2021. Plaintiff alleges that he was owed $60,000, but was only paid $12,000. Defendants demurred to the complaint for a number of reasons. Defendants argue that the terms of the contract are not alleged. They also argue that it is not alleged if the contract was oral or written. Finally, Defendants argue that the allegations against Aleksander Nanev are insufficient to state a claim for breach of contract against him. I...