Excerpt: ...r expense 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 wou...

Excerpt: ... timely contests this tentative ruling in accordance with the Court's procedures, appears at the hearing by Zoom, and can demonstrate how Plaintiff could amend the first and third causes of action of the FAC against Regional Center in a manner that would not be barred by the Dismissal Order. Additionally, for the reasons set forth, Regional Center's request for sanctions is denied. Factual Background Plaintiff is a disabled adult who has "an inte...

Excerpt: ...f. Johnson demurs to the FAC on the grounds that he is improperly named as a defendant and that the FAC is procedurally improper for failure to submit proof of compliance with Probate Code § 9000. For the following reasons, the Demurrer is sustained, with leave to amend. Brief Factual and Procedural Background Plaintiff filed his original complaint against Jacqueline A. Ditmer for (1) conversion; (2) constructive trust; and (3) declaratory relie...

Excerpt: ... Inc. became indebted to Plaintiff in the agreed sum of $54,848.45 for goods and services rendered to Defendant. Defendant has failed to pay. Application for Right to Attach Order and Writ of Attachment Code of Civ. Proc. § 484.010 provides, “Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this article for a right to attach order and a writ of attachment by filing an application for the order and...

Excerpt: ...sideration: Requests for Judicial Notice In connection with the MJoP, MCERA asks the Court to take judicial notice of various materials. The Court grants judicial notice of the First Amended Petition filed in this case (Exhibit A). The Court grants judicial notice of the remittiturs (Exhibits D and E). With respect to the remaining materials, the Court grants judicial notice of the existence and contents of those materials, but declines to draw a...

Excerpt: ...fs claim they are entitled to punitive damages. For punitive damages to be awardable, plaintiff must plead facts showing the defendant acted with malice, fraud, or oppression and not just those legal conclusions. Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 166; see G. D. Searle & Co. v. Sup. Ct. (1975) 49 Cal.App.3d 22, 29.) Plaintiffs concede they are not seeking punitive damages based on malice. Impliedly, they concede they are not see...

Excerpt: ...s, and Negligence, as well as factual allegations in support of same and a prayer for attorney's fees and costs under the Davis‐Stirling Act. Defendant Bas of Tassajara II Homeowners Association opposes the motion on the grounds that the proposed amendments are not “in furtherance of justice” and that it is prejudiced by the proposed amendments. Defendant also requests that if the Court grant the motion, that it be conditioned on several te...

Excerpt: ... and (3) prohibit any future physical obstructions to be placed within the 11‐foot easement pending this litigation. Preliminary Injunction Standard In order for injunctive relief to be available, Plaintiffs must show that they meet one of the requirements listed in Code of Civil Procedure section 526(a). Plaintiffs are alleging that CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 05/19/21 ‐ 3 ‐ Defendants are ...

Excerpt: ...iff Fred Jahed leased a 2018 Nissan Versa on September 25, 2018 for his family's personal use from a Hertz office in San Ramon, California. When his wife, plaintiff Golnazar, first started up the vehicle, the car went forward even though she had placed it in reverse. Not realizing the significance of this occurrence, she proceeded to drive it anyway. Later, while driving down a hill after she picked up her son from a basketball practice, she lost...

Excerpt: ...to amend, the time to answer shall run from that date. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 05/19/21 ‐ 18 ‐ Factual Background Plaintiff, Eid Othman, alleges he purchased a new 2017 Cadillac Escalade ESV from an undefined “Seller” on or about November 25, 2018 for personal, family, and/or household purposes. (Complaint, ¶¶4‐5.) He walked the dealership (Concord Chevrolet) in search of a 2017 Ca...

Excerpt: ...t to amend, the time to answer shall run from that date. Factual Background Plaintiffs, Sherrie and Phillip Henderson, allege they purchased a new 2016 GMC Sierra 1500 from an undefined “Seller” on or about May 30, 2016 for personal, family, and/or household purposes. (Complaint, ¶¶4‐5.) They walked the dealership (Lehmer's Concord Buick GMC) in search of a new GMC Sierra 1500 Vehicle would fit their needs, while assisted by a salesperson...

Excerpt: ...s demurrer is the third, for negligence. In this cause of action, plaintiffs seek to hold USAA liable for the acts of a contractor it hired to repair hardwood flooring in their home. Plaintiffs claim the repair work was defective. Plaintiffs apparently fear that the contractor, Masters Distribution, Inc. (“MDI”), will be unable to pay a judgment if it is found liable. MDI is not represented in this action, and plaintiffs have taken its defaul...

Excerpt: ...intiff Paul Dier, Megan Lowe, and Nguyen (collectively, “Plaintiffs”)'s complaint for (1) assault, (2) battery, and (3) negligence. Only negligence is pled against Defendant Airbnb. Defendant Airbnb demurs to Plaintiffs' negligence cause of action pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on the grounds that Plaintiffs have failed to allege Airbnb owed them a duty. For the following reasons, the Demurrer is sustained, with ...

Excerpt: ...isdiction. Background Plaintiff, a California resident, met Nancy Ismail via Facebook and believed them to share a common connection through their school in Egypt. (Declaration of Ashraf Alyan in Opposition to Motions to Quash, hereinafter “Alyan Decl.,” ¶2.) He claims she induced him to be a co‐ signer on college student loans being made to her daughters, Ingy Hodhod and Salma CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 0...

Excerpt: .... Cause of action 1 and 2 as to the succession contract have already been decided in Jess's favor. Cause of action 3 (breach of fiduciary duty) was decided in Jess's favor during the bench trial and will not be tried to the jury. Cause of action 5 (retaliation) will be tried to the jury. Causes of action 6 and 7 (Labor Code claims) will be tried to the jury. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 05/14/21 �...

Excerpt: ...fault judgment shall be vacated. Defendants shall file and serve their answer to the first amended complaint by May 24, 2021. Factual Background Plaintiff filed his complaint commencing this action in November 2020, and filed a first amended complaint ("FAC") on December 23, 2020. The FAC alleges eight causes of action against Voyajoy, Inc. ("Voyajoy") and Diane Thai, an officer of the corporation and its registered agent CONTRA COSTA SUPERIOR CO...

Excerpt: ...furnished, the complaint will be dismissed. Background This action arises from a motor vehicle accident occurring on September 16, 2016, on Interstate 80 within the city limits of Richmond. Plaintiff John Brosnan alleges he was travelling eastbound in Lane 4 in heavy traffic. Defendant Darazette Jackson allegedly drove from the shoulder into Lane 4 without signaling. Plaintiff did not have sufficient roadway to stop and collided with rear of Defe...

Excerpt: ...“SPS”) brought this Motion for Summary Judgment or, in the Alternative, for Summary Adjudication (“Motion”), claiming a right to the entire sum based on its claimed status as a first mortgagee, and its contractual interest as an “additional insured” in the USAA policy. Defendant Norman Linsy (“Linsy”) opposes the amount SPS is entitled to collect. Fay Servicing LLC (“Fay”) argues it holds a lien secured by a deed senior to SPS...

Excerpt: ...ted 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 violated the federal Fair Credit Reporting Act (15 U.S.C. § 1681b) (“FCRA”), by failing to make required disclosures and failing to obtain proper consent before running credit checks on employees and prospective ...

Excerpt: ...P § 430.10 (e).) While plaintiff has requested leave to amend, he has failed to state how he could amend the latter two claims to state a cause of action. (Goodman v. Kennedy (1976) 18 Cal. 3d 335, 349.) The Arag entities shall file and serve their Answer to the SAC on or before May 27, 2021. Request for Judicial Notice The court denies Arag's request to take judicial notice of the existence, contents and truth of the purported transcript of the...

Excerpt: ...en amending her complaint, Plaintiff shall remove Mardel Realty and De Leon from the fraud claim as the Court has already dismissed Mardel Realty and De Leon from that claim. The Case Management Conference scheduled for June 15, 2021 is continued to August 16, 2021. Procedural History Plaintiff originally opposed this motion by arguing that the meet and confer process with not followed, the demurrer was untimely filed and Plaintiff did not receiv...

Excerpt: ... Land Home is an East Bay‐based mortgage company. Plaintiff worked as a Web Software Developer. He was classified as an “exempt” employee and Plaintiff alleges his job should have been as “non‐exempt.” It was later changed. Prior to his employment with Defendant, Plaintiff had brought a lawsuit against his former employer, Robert Half International, Inc. in Los Angeles County. In that lawsuit, Plaintiff alleged various violations of t...

Excerpt: ...SAC”). The SAC alleges causes of action for (1) violation of Civil Code §§ 896, 897; (2) violations and enforcement of governing documents; (3) breach of fiduciary duty; (4) breach of construction contracts; (5) strict liability; (6) negligence; and (7) breach of implied warranty. Only the first, second, and third causes of action are alleged against Defendant. Defendant demurs to just the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPA...

Excerpt: ... his former client Ms. Lukchi owes him for his services as her counsel in a marital dissolution proceeding. The proof of service of the summons and complaint in the Court file shows service was effectuated by subservice on defendant in Boca Raton, Florida on December 26, 2020. Plaintiff filed a request to enter defendant's default and for default judgment on February 11, 2021. On March 10 2021, Plaintiff refiled the request for entry of default a...

Excerpt: ... not considered the opening declaration of John Pecci, filed on February 11, 2021. Nor has the Court considered the opposition declaration of Tanner Brink, filed on April 29, 2021. Such declarations are not proper: This is not summary judgment or trial; it is demurrer. Our task is to treat the wellpleaded allegations of the complaint as true and determine whether the complaint states facts sufficient to constitute a cause of action. [Citation omi...