Excerpt: ...od was 32 when she died on July 1, 2020 at John Muir Medical Center in Walnut Creek, CA. (FAC, X, Ex. 1.) Plaintiff Anne McLeod was at her daughter's bedside, as was a nurse who had been caring for Erin prior to her death. (Ibid.) Erin had been at the medical center since June 20, 2020, when she was admitted for abdominal pain attributed to acute colitis. (FAC, IX.) After Erin's death, plaintiff asked the nurse to identify the cause of death, but...

Excerpt: ...rlying credit lines and loaned additional funds to the borrowers and then-owners of the property, permitting a cloud on title when plaintiffs purchased the property. As discussed below, plaintiffs' have failed to shift the burden to Wells Fargo and, accordingly, their motion is denied. For the same underlying reasons, Wells Fargo's motion for summary judgment is granted. I. Factual Background Plaintiffs, Ying Huang and Koon Huat Low, are the curr...

Excerpt: ...aint for (1) cancellation of instruments and (2) declaratory relief. The MJOP is opposed by Defendant and CrossComplainant John W. Elkins (“Defendant” or “Elkins”). Defendant is in pro per. As a threshold issue, the Court notes that it never reached the merits of the Plaintiff's prior motion for judgment on the pleadings, as it was rendered moot by the filing of Defendant's Amended Answer. This is the first hearing on the merits of Plaint...

Excerpt: ..."Defendants"). For the reasons set forth, the motion is granted, and the action is stayed pending completion of the arbitration. Factual Background Plaintiff Elizabeth Hernandez alleges she was employed by AAA Insurance as a customer service representative beginning in 2005. (Compl. ¶ 13.) Hernandez declares that in the facts of growing dysfunction between the insurance company and the club operations, the company underwent a corporate reorganiz...

Excerpt: ... of costs is defined in Code of Civil Procedure section 1032(a)(4), which provides, in part, “If any party recovers other than monetary relief and in situations other than as specified, the ‘prevailing party' shall be as determined by the court, and under those circumstances, the court in its discretion, may allow costs or not and, if allowed, may apportion costs between the parties on the same or adverse sides[.]” While there are a number ...

Excerpt: ... Ford and Pamela Thurman‐Ford, oppose the motion, arguing CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 10/14/21 ‐ 7 ‐ Chevron has not met its burden. Because Chevron has not sufficiently shown California to be inconvenient, and Texas a more appropriate forum, the Court denies the motion. Background This case arises from plaintiff J.D. Ford's diagnosis of lymphoplasmacytic lymphoma, a type of non‐Hodgkin's ...

Excerpt: ...e case in order to justify the settlement amount. Second, the Court is concerned about the installment provisions. Installment payments create a risk of non‐payment, and increase the likelihood that some class members will not be found. Accordingly, a justification should be provided for the delay. (If it requires the provision of confidential business information, an appropriate application under CRC 2.550 can be made.) The Court has noticed t...

Excerpt: ...ms The original complaint was filed October 4, 2019. It is a class action complaint alleging that defendant violated the Labor Code by underpaying overtime to traveling healthcare staff, by excluding per diem benefits and non‐discretionary bonuses from the determination of the rate of pay. The First Amended Complaint, filed February 25, 2021, added allegations under PAGA. The settlement would create a gross settlement fund of $250,000. The clas...

Excerpt: ...st added this claim to her case through a motion for leave to file a Second Amended Complaint. In the ruling granting that motion, the court observed that this new count appeared to state a cause of action. The court did this because failure to state a cause of action was a ground that defendants claimed justified denying leave to amend. Plaintiff only filed the Third Amended Complaint because defendants demurred to the Second Amended Complaint a...

Excerpt: ...d 10th causes of action, inclusive, are sustained, with leave to amend. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 10/14/21 ‐ 11 ‐ Factual Background Plaintiff alleges that she is a former employee of Golden State Defendants. (FAC ¶¶ 24, 25.) She alleges she was employed by Defendant in California from "approximately April 2019 to approximately November 2019." She alleges a class action as well as individu...

Excerpt: ...iv. Code § 2923.5; (2) violation of Civ. Code § 2924(a)(1); (3) violation of Civ. Code § 3273.15; (4) negligence; (5) wrongful foreclosure; (6) interpleader pursuant to Code Civ. Proc. § 386, Civ. Code §§ 2924j and 2924k; (7) unfair business practices (violation of Bus. & Prof. Code § 17200 et seq.); and (8) cancellation of written instruments (Civ. Code § 3412). Defendant demurs to Plaintiff's causes of action pursuant to Code of Civil P...

Excerpt: ... Amended Complaint (“SAC”) for (1) conversion; (2) fraudulent deceit; (3) breach of contract; (4) fraud / intentional misrepresentation; (5) breach of fiduciary duty; (6) negligence; and (7) intentional infliction of emotional distress. Plaintiff is in pro per. Defendant demurs to all of Plaintiff's causes of action pursuant to Code of Civil Procedure (“CCP”) § 430.10 as follows: (1) conversion: all three Liberty Mutual entities demur to...

Excerpt: ...mmercial premises in Antioch and for unpaid rent under its lease with Empire. On October 3, 2019, defendant Shareen Naz Adair filed a voluntary petition under Chapter 7 of the Bankruptcy Code, asserting that she was doing business under the fictitious business name iCandy Ventures and that the lease was an asset of her Chapter 7 bankruptcy estate. (RJN Exh. 1.) In its FAC, Empire alleges that Empire and Ms. Adair entered into a written lease for ...

Excerpt: ...r Kyle Oura holds a financial stake and management interest in Respondents Companies. After attempted buyouts by Respondent Dominici and several requests for infusion of cash from Petitioner, Petitioner requested to the see the books and records of Respondent Companies. The request was made pursuant to Corporations Code § 17704.10, which provides in part: (b) Each member, manager, and transferee has the right, upon reasonable request, for purpos...

Excerpt: ...e conditional, giving defendant three days to pay $50,450.00 in back rent or quit possession; the other unconditional, requiring defendant to quit regardless of whether current in paying rent, because defendant allegedly breached provisions of the lease requiring it not to maintain a nuisance or commit waste. Defendant argues that basing the action on two separate notices served the same day is improper because the two notices are confusing and c...

Excerpt: ...s and attorneys' fees, but otherwise denied. Plaintiff may file an amended complaint on or before October 25, 2021. I. Background Sometime during the night of January 31, 2021 or the early morning of February 1, 2021, while plaintiff and his wife were sleeping in their home, Individual Defendants crashed into plaintiff's vehicle, which was legally parked on the street, causing substantial damage. While defendant Khawaja owned the vehicle, she had...

Excerpt: ...Terms CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 10/07/21 ‐ 3 ‐ The original complaint was filed July 9, 2019. It is a class action complaint alleging that defendant violated the Labor Code by filing to provide meal and rest periods, unpaid “off the clock” work, failure to pay minimum wage, overtime pay, and premium pay, and failure to provide wages when due. In addition it alleges that defendant violate...

Excerpt: ..., 2022, at 8:30 a.m. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 10/07/21 ‐ 13 ‐ Respondents demur to cause of action one. Cause of action one for a writ of mandate is based on two alleged errors: (1) failure to provide a fair and impartial hearing due to bias of two city councilmembers and (2) failure to make findings that are supported by the evidence (i.e. failure to comply with Topanga Ass'n for a Scenic ...

Excerpt: ...tion, without leave to amend, and CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 10/07/21 ‐ 10 ‐ otherwise overruled. Defendants shall file and serve their answers on or before October 18, 2021. Background Plaintiff claims defendants, who operate jointly (Complaint, ¶¶8‐14), induced her to enter into a contract to purchase a cryptocurrency “mining rig” for the purposes of mining Ethereum, and for necessa...

Excerpt: ... of it. Plaintiff alleges that her husband, decedent Luciano Susino, was exposed to asbestos between 1978 and 1980 on ships owned by defendant Texaco and that in December 2017 he was diagnosed with mesothelioma, from which he died on March 5, 2018. (See Opp., p. 8, fn. 3.) Plaintiff filed suit nearly three years later, on March 3, 2021. The Jones Act states, “Except as otherwise provided by law, a civil action for damages for personal injury or...

Excerpt: ...efendant Copello shall file its answer to the Complaint by October 14, 2021. The Court in its discretion declines Plaintiff's request for attorneys' fees and costs. Factual Background Plaintiff Commercial Lighting Industries, Inc. ("CLI") filed suit against Copello and two other defendants arising out of goods, services, and labor furnished in connection with a real property improvement project for St. Paul's Commons Residential located in Walnut...

Excerpt: ...tion. They all involve relevant issues, such as timekeeping and payroll, complaints, job titles and descriptions, reimbursement policies, surveys, documents sent to covered employees, declarations obtained by defendant. Plaintiff argues that defendant has been relying on arbitration agreements all along, and now objects to producing them, and that defendant has made numerous boiler plate objections on trade secret grounds. Since the motion was fi...

Excerpt: ...parties agree that there is no per se rule barring the corporate attorneys from communicating with the employees. (Howard Gunty Profit Sharing Plan v. Superior Court (2001) 88 Cal.App.4th 572, 578.) That is not the end of the matter, however. A trial court has both the duty and authority to exercise control over communications between the parties and potential class members to prevent unfairness. (Barriga v. 99 Cents Only Stores LLC (2020) 51 Cal...

Excerpt: ...earing on the motion is continued to 9:00 a.m. on October 21, 2021 for supplemental briefing on the issues set forth below. Factual Background The matter before the Court involves three civil actions that have been consolidated for purposes of discovery and pre‐trial proceedings, including David Estopinal v. East Bay Municipal Utility District, et al., and related cross‐actions, Case No. MSC20‐01593 ("Estopinal Action") and Carl Bennett and...

Excerpt: ... the party's interest in the litigation.” (Code Civ. Proc., § 36(a), (f).) Isaak attests that he falls within the terms of the statute, being 84 years old and in failing health. On its face, section 36 admits no exceptions. It has been strictly construed in ordinary civil cases to require preference even where a variety of circumstances indicate that trial within 120 days is not appropriate. (Swaithes v. Superior Court (1989) 212 Cal.App.3d 10...