Excerpt: ... now seeks summary judgment that Plaintiff is entitled to a partition. Although the Court normally decides these issues on a motion for an interlocutory judgment, which allows the Court to decide contested issues of fact, summary judgment can be used to obtain an interlocutory judgment in a partition action in appropriate cases. (See, e.g. LEG Investments v. Boxler (2010) 183 Cal.App.4th 484.) “First, an interlocutory judgment in a partition ac...

Excerpt: ...ach of contract; (2) fraud; (3) negligence; (4) wrongful foreclosure; (5) constructive eviction; (6) breach of the covenant of good faith and fair dealing; (7) violation of California Bus. & Prof. Code §§ 17200 et seq.; and (8) declaratory relief. Defendants demur pursuant to Code of Civil Procedure § 430.10 et seq. on the grounds that Plaintiffs lack standing and that Plaintiffs fail to state facts giving rise to a cause of action. This Demur...

Excerpt: ... the motion to strike the prayer for relief for punitive damages is denied. Standards Governing Motion to Strike The Court "may" strike allegations that are “irrelevant, false or improper matter” or any portion of a pleading "not drawn . . . in conformity with the laws of this state." (Code Civ. Proc. § 436(a) and (b).) In addition, allegations "neither supported by nor pertinent to an otherwise legally sufficient claim or defense" can be st...

Excerpt: ...�� 5 ‐ misconduct or punitive damages and (2) because Defendant admitted to negligence, Plaintiff has elected his remedy in this case. These two issues appear to be improper issues for summary adjudication as they address issues in this case rather than a cause of action, an affirmative defense, a claim for damages, or an issue of duty. (Code of Civil Procedure section 437c(f).) The separate statement of material facts lists five issues, which ...

Excerpt: ...mbering the residential real property located at 2354 Alameda Diablo in Diablo (the "Subject Property"). Ms. Salehomoum sued her estranged husband Omid Bahrami‐Daghigh, also known as Omid Bahrami ("Omid Bahrami" in this tentative ruling), asserting rights and interests in various assets and income, and seeking dissolution of their financial partnership, among other relief. Omid Bahrami filed a cross‐complaint in that action. Navid Bahrami, br...

Excerpt: ... requested supplemental information and continued the hearing. After that hearing, on February 18, 2021, the Court granted preliminary approval. A. Background and Settlement Terms The original complaint was filed May 3, 2019. It is a class action complaint alleging failure to pay wages and/or overtime, failure to provide meal periods and rest breaks, failure to provide appropriate wage statements and failure to reimburse necessary business expens...

Excerpt: ...nse reimbursements, unlawful deductions, waiting time penalties, and non‐ compliant wage statements. It also includes PAGA allegations, which were added in the First Amended Complaint, filed December 12, 2019, based on a notice provided to the LWDA on September 16, 2019. A Second Amended Complaint was filed on March 22, 2021. The settlement would create a gross settlement fund of $950,000. The class representative payment to plaintiff would be ...

Excerpt: ...(3) failure to pay overtime wages; (4) failure to pay minimum wages; (5) failure to pay all wages due to discharged and quitting employees; (6) failure to maintain required records; (7) failure to indemnify employees for necessary expenditures CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 08/26/21 ‐ 10 ‐ incurred in discharge of duties; (8) failure to indemnify employees for necessary expenditures incurred in d...

Excerpt: ...shall be filed no later than November 3, 2021, any reply to the opposition shall be filed by November 12, 2021, and courtesy copies of all papers shall be delivered to Chambers concurrent with the filings. Background Plaintiff alleges he was struck by a vehicle driven by defendant Mr. Gomez while riding his bicycle uphill on Pleasant Hill Road after dark. He has also sued defendant Contra Costa County, alleging "poor street lighting, the dangerou...

Excerpt: ...It is sustained as to BCI regarding the first seven causes of action, with leave to amend. (CCP § 430.10 (e).) Any amended pleading shall be filed and served on or before September 8, 2021. If Smith elects to amend, he shall file a redlined copy of the amended cross‐complaint with his Opposition to any further demurrer, so the court can track the changes. When referring to both cross‐defendants collectively, the court will refer to them as B...

Excerpt: ...Ramon, California. She alleges a claim for premises liability based on negligence and willful failure to warn of a dangerous condition at the restaurant. She contends Defendant negligently maintained the premises and failed to place cones to warn customers of the slippery floor when Defendant's employees mopped the floor in the location where she fell. (Gebhart Decl. Exh. A [Pl. Complaint].) Standards Applicable to Summary Judgment Under Code of ...

Excerpt: ...LP (“National Retail” or “Landlord”). Because Fitness International does not shift the burden to Landlord by demonstrating that the action has no merit, the motion is denied. (See Code Civ. Proc., § 437c, subdiv. (a) & (f).) Background The facts in this case are largely undisputed. Parties entered into a lease agreement dated June 30, 2015, whereby Fitness International agreed to lease property from National Retail. (Statement of Undispu...

Excerpt: ...Rudgear Drive, in Walnut Creek. Plaintiff allegedly defaulted on the loan on February 1, 2010. Defendant Attorney Lenders Services, Inc. was appointed as Trustee for the sale. Defendant US Bank National Association is the Legal Title Trustee for Truman 2016 SC6 Title Trust, the holder of the Deed of Trust. On April 15, 2021, Defendant Attorney Lender Services conducted the Trustee's sale. At the auction the Property was sold for $950,000 by credi...

Excerpt: ...‐Benz USA (“MBUSA”), Mercedes‐Benz Financial Services USA (“MBFS”) and Sonic Walnut Creek M, Inc. (“MBWC”). The issue before the court is whether the parties to this motion reached a binding settlement agreement through an exchange of emails in April 2021 and/or plaintiff's signing of a subsequent settlement agreement and release, or only a preliminary agreement that would not be effective until a formal written settlement agreeme...

Excerpt: ... 2020, and were due on April 6, 2020. Nearly all of the time during which these requests have been pending has occurred during the COVID‐19 pandemic, and defendant has requested, and received, extensions due to the logistical difficulties cause by the pandemic. Responses were further stayed while the parties engaged in unsuccessful settlement efforts. Moreover, some further extensions were directed by the Court as part of an Informal Discovery ...

Excerpt: ...fore the opposing party has any burden at all. (Binder v. Aetna Life Ins. Co. (1999) 75 Cal.App.4th 832, 840.) The moving party's initial burden is to “make a prima facie showing of the nonexistence of any triable issue of material fact.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A plaintiff filing a motion for summary judgment must establish on her initial burden that there is no defense to the action. (CCP § 437c (a)....

Excerpt: ...he leases do not contain language that would enable the prevailing party in this matter to recover attorneys' fees. Because the MSAs require the Court to answer a single question (namely, whether the prevailing party in this action can recover attorneys' fees pursuant to the aforementioned residential leases), the Court will address them together. The Relevant Contractual Language Plaintiffs contend that language found in the Mold Addendum to the...

Excerpt: ...fy Defendant in writing by September 2 and Defendant's answer will be due by September 23, 2021. Defendant demurs to the following claims brought against it: (5) breach of express warranty, (6) negligence – design and manufacturing defect and (7) negligence – failure to recall / retrofit. Defendants demurs based on the failure to allege sufficient facts to state a cause of action (due to the statute of limitations expiring) and on uncertainty...

Excerpt: ...n disregard for the safety of others"; (3) the "Exemplary Damages Allegations" of paragraphs 42 through 48 in their entirety; and (4) paragraph B of the Prayer for Relief in its entirety. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 08/18/21 ‐ 25 ‐ This ruling is made without prejudice to Plaintiff subsequently moving for leave to amend to reassert a demand for punitive damages if Plaintiff can demonstrate she...

Excerpt: ...ed infection control officer and licensed paramedic, was employed by plaintiff, San Francisco Federal Credit Union, since November 2017 as an Information Security Engineer. (Fielding Decl., ¶1.) In that capacity, he developed a Disaster Recovery and Pandemic Plan that was approved by the CEO. (Id., ¶2.) When the March 2020 Covid‐19 related shutdown orders went into effect, plaintiff opted not to implement the plan. (Id., CONTRA COSTA SUPERIOR...

Excerpt: ...Distribution”)'s claims are subject to a mandatory, enforceable and reasonable forum selection clause, establishing the state and federal courts of the counties of Benton and Washington, Arkansas as the jurisdiction for these claims. Request for Judicial Notice Walmart requests Judicial Notice of the Walmart Realty Supplier Agreement (“Supplier Agreement”) between Walmart and Plaintiff's affiliate, K2‐PS. (See Walmart's RJN; see also Caps...

Excerpt: ...edical Group, Inc. Plaintiff alleges she was wrongfully discharged in retaliation for disclosing Medicare fraud, tax fraud and unprofessional conduct. Plaintiff filed this action for retaliation, wrongful termination and violation of the CA Labor Code Private Attorneys General Act. Motion Pursuant to Code of Civil Procedure §1281.2, Defendant Diablo Nephrology Medical Group, Inc. moves this Court for an order compelling arbitration. Defendant fu...

Excerpt: ...e some unauthorized modifications to the unit. Defendants' lease was involuntarily terminated and they vacated the premises about a month prior to October 21, 2019. Defendant Cutting Edge Property owned, operated, and controlled the property. Ronald Scott was an employee of Brinckerhoff & Knez, Inc. dba HL Commercial Real Estate. Scott was in Unit 14 performing his duties as the Property Manager Assistant, when he fell and suffered injuries due t...

Excerpt: ...ersonally guaranteed by defendant David Lampach. Eagle Bay alleges California Cannabinoids failed to repay the loan when it came due. Eagle Bay filed its complaint for recovery of the amounts allegedly due from defendants on February 23, 2021. Eagle Bay filed proofs of service showing it served the summons and complaint by substituted service on California Cannabinoids on February 25, 2021, and on David Lampach on February 27, 2021. On Plaintiff'...

Excerpt: ...indicated on Exhibit C to the Declaration of Helen J. Kei. The strings placed by the survey work shall remain in place, but defendants may trim the flags with scissors to minimize “flapping” noises. The undertaking is set in the amount of $15,000, to be posted by defendants on or before August 20, 2021. (Code Civ. Proc. §§ 529, 995.710.) The Court observes that no evidentiary hearing was properly noticed and, despite several phone appearanc...