Excerpt: ...the time of the alleged wrongful conduct. The MJoP next contends that the CLRA claim fails because the relevant product is an intangible financial product, and so the CLRA does not apply. Finally, the MJoP says that the 17200 claim fails because no actionable conduct has been alleged. Williams opposes each of these contentions. Before addressing the merits of the MJoP, the Court first rules on the request for judicial notice that is before it in ...

Excerpt: ...ss action complaint alleging that defendant violated the Labor Code in various ways. Additional claims, and plaintiff Becerra, were added by a Second Amended Complaint filed June 21, 2021. 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 ad...

Excerpt: ...ORNIA DEPARTMENT: 21 HEARING DATE: 11/17/21 ‐ 10 ‐ 2) Violation of Government Code §12940(j) – Failure to Prevent Discrimination, 3) Intentional Infliction of Emotional Distress, and 4) Retaliation and Harassment. As set forth below, Defendant's motion for summary judgment denied. The motion for summary adjudication is GRANTED IN PART and DENIED IN PART. A. General Factual Background Plaintiff is a Hispanic male who has been employed by Ga...

Excerpt: ...exual abuse committed by Catholic priests, Defendants Jeff Anderson and Anderson & Associates produced a written “report” entitled, “Clergy Sexual Abuse in the Archdiocese of San Francisco, Diocese of Oakland, Diocese of San Jose.” The report identified approximately 212 priests in the Bay Area who had been accused of sexual misconduct. (UMF No. 13.) Plaintiff's photograph, taken over 30 years ago, was mistakenly included as the picture o...

Excerpt: ...f action, but sustained as to the third and fourth causes of action, with leave to amend, as further discussed below. To the extent that the motion to strike is not moot given the ruling on demurrer, it is denied. Any amended cross‐complaint shall be filed and served on or before December 1, 2021. Background This case was originally filed in April 2021 as an unlawful detainer, but as tenant has surrendered possession, the case is primarily a ci...

Excerpt: ...pir Fasail dba Country Farm Produce entered in possession and continued to occupy the premises located at 576 Center Street in Moraga, until eviction on or about September 12, 2019. Defendant Gapir Fasail, individually, dba Country Farm Produce was served with the summons and complaint, by substitute service on March 13, 2020. The location of service of process was 2216 MacArthur Blvd in Oakland. Defendant failed to file a responsive pleading and...

Excerpt: ...s granted. The judgment is vacated, defaults are set aside, the collection orders are recalled, and service of summons is quashed. However, with respect to this last point, defendants admit to CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 11/12/21 ‐ 2 ‐ having received the complaint, and they are encouraged to voluntarily accept service. If service efforts prove difficult, the Court will entertain a motion to s...

Excerpt: ...motion was filed, Plaintiff dismissed Antioch Jeep from the action. For the reasons set forth, FCA's motion to compel arbitration is granted as to FCA and denied as moot as to Antioch Jeep. FCA's motion to stay the action is also granted, and the action is stayed pending conclusion of the arbitration. Factual Background Plaintiff Mr. Edwards filed a complaint in February 2021 alleging claims arising out of his acquisition of a Jeep Cherokee vehic...

Excerpt: ...s also denied, as moot. Factual Background CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 11/12/21 ‐ 18 ‐ Plaintiff Pentech Financial Services, Inc. ("Pentech") has sued Defendants for professional negligence and related claims arising out of the Defendants' representation of Pentech as a defendant in a partition action, Starcevic v. Pentech Financial Services, Inc. ("Starcevic Action" for convenience). Pentech ...

Excerpt: ... before November 22, 2021. Factual Background CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 11/12/21 ‐ 14 ‐ Plaintiffs filed their complaint initiating this action against Antioch in October 2020. They allege causes of action for negligence, negligent hiring, retention, supervision and training, and wrongful death. Plaintiffs are the biological parents of a 16 year old student who was shot on the premises of De...

Excerpt: ... parties disagree over whether Petitioner are entitled to challenge the 2013 certification of the EIR. Respondents argue that Petitioner cannot challenge the 2013 EIR and instead is limited to arguing that the City should have prepared a supplemental EIR. (Unless otherwise specified the opposing parties will jointly be referred to as Respondents.) The standard of review will change depending on whether Petitioner can prevail in this initial argum...

Excerpt: ...supply . . . [the following] missing information: when plaintiff first suspected that wrongdoing (other than elder abuse) contributed to her mother's death and why a reasonable investigation starting then would not have revealed the Digoxin study before May 10, 2018. The court explained, [Plaintiff's allegations] equate the date of plaintiff's discovery of the Digoxin study with the date of accrual of her wrongful death cause of action. But that ...

Excerpt: ...esponded to a marketing solicitation from defendant Seneca One, LLC. Defendant Nicholas Hruda, who told plaintiff he was vice president, communicated with plaintiff and met with her in person, falsely claiming to be an estate and wealth manager. Defendant Hruda recommended a structured settlement arrangement by which plaintiff would sell some or all of her interest in her lottery proceeds in exchange for a lump sum payment. Hruda proposed to help...

Excerpt: ...LLC; AAHS San Pablo, LLC; AAHS Management, LLC; A&A Living, LLC, A and A Senior Living Management, LLC; and DOB Holdings, LLC (collectively, “Respondent Companies”). Mr. Oura and Defendant Betty Dominici jointly formed a holding company called DOB Holdings. In 2015, Mr. Oura and Ms. Dominici jointly formed Olawa, LLC. Mr. Oura served as Chief Financial Officer and manager of A&A until November 2020, when he voluntarily removed himself. Therea...

Excerpt: ...of Civil Code §1941, 2) Breach of Contract, 3) Breach of Quiet Enjoyment, 4) Nuisance, 5) Premises Liability, 6)Negligence, 7) Retailiation in Violation of Civil Code §1942.5, 8)Violation of Richmond Rent Ordinance, and 9) Sexual Harassment. Plaintiff also makes a claim for punitive damages. The party moving for summary judgment has the burden of persuasion to show there is no triable issue of material fact and thus it is entitled to judgment a...

Excerpt: ...d on or before November 15, 2021 at 9:00 a.m. Alternatively, the Court extends the Temporary Restraining Order for 90 days to allow the parties an opportunity work out the reinstatement plan for the loan and for Plaintiffs to comply with the reinstatement. Background Plaintiffs Thomas and Charlotte Vaughns own real property located at 2201 San Mateo Street in Richmond. Plaintiffs purchased the property in December 2004. In February 2007, Plaintif...

Excerpt: ... served on or before November 15, 2021. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 11/05/21 ‐ 19 ‐ Request for Judicial Notice Defendant's unopposed request for judicial notice is granted. (Evid. Code §§ 452, 453.) Legal Standard “The function of a demurrer is to test the sufficiency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A compl...

Excerpt: ...Court finds that this argument lacks merit. In the Court's minute orders of August 15 and September 12, 2019, confirmed in a formal order filed on October 1, the Court did not declare the 2019 arbitration agreement a nullity. To the contrary, the challenge the Court faced was precisely that the 2019 arbitration agreement was in effect — and, as the Court determined at the September 12 hearing, was not unconscionable. The Court was thus required...

Excerpt: .... Green's mistake, inadvertence, surprise, or excusable neglect pursuant to Code of Civil Procedure § 473(b). Mr. Green acknowledges he was served with the summons and complaint in September 2020. (R. Green Decl. p. 1, ll. 26‐27.) He communicated with counsel for Plaintiff after receiving the complaint and understood that if Mr. Green evicted his tenant defendant Chris Davidson, Mr. Green would not have to "worry about" the lawsuit. He deferre...

Excerpt: ...action is dismissed in California in its entirety. Plaintiff's claims are subject to a mandatory, enforceable and reasonable forum selection clause, establishing the state and federal courts of the county of New York, state of New York as the jurisdiction for those claims. Request for Judicial Notice Both Plaintiff and Defendant's unopposed requests for Judicial Notice are granted. (Evid. Code §§ 452, 453.) Brief Background Facts and Procedural...

Excerpt: ...mine the scope of the relevant arbitration agreement and its applicability to this dispute. The parties do not dispute that an arbitration agreement exists between them, but in its opposition, Skyline contends that the arbitration agreement does not encompass the present dispute. The Court considers that the MTC presents two questions for resolution. First, must the Court decide if the present dispute between Skyline and Loy is within the ambit o...

Excerpt: ...e to join the trustee of the trust alleged in the FAC, as well as pursuant to Code of Civil Procedure § 430.10(e) for failure to allege facts sufficient to constitute a cause of action. For the following reasons, the Demurrer is sustained, without leave to amend. Legal Standard “The function of a demurrer is to test the sufficiency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420....

Excerpt: ...king hazard, and that Decedent then choked to death. (Comp. ¶14.) Defendant demurs to the second cause of action for elder abuse based upon neglect. Neglect is defined in the code as either “(1) The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.” Or “(2) The negligent failure of an elder or dependent adul...

Excerpt: ...new arbitration will be consolidated with an already‐pending arbitration between plaintiffs and the sellers. Neither side, however, has provided legal authority that the Court has jurisdiction to compel such a consolidation. (Compare Titan/Value Equities Group, Inc. v. Superior Court (1994) 29 Cal.App.4th 482, 487‐489 [the trial court has almost no jurisdiction over a pending arbitration].) Whether such a consolidation takes place would appea...

Excerpt: ...ould plaintiff opt not to amend at this time, Gonzaga's time to answer will run from November 15, 2021. Background and Motion In his complaint, plaintiff Terrence Oniell Brewer alleges that Gonzaga was driving recklessly, speeding, and following plaintiff too closely, which resulted in Gonzaga rear ending plaintiff's vehicle, which was properly stopped at a red light. (First Amended Complaint, “FAC,” p. 5.) After the collision, Gonzaga fled t...