Excerpt: ...tract with him in spring 2017. The complaint alleges that the contract called for Plaintiff to perform legal research at an hourly rate. The complaint further alleges that Boskovich breached that contract by failing to pay Plaintiff for his work. Boskovich also allegedly defrauded Plaintiff in that Boskovich never intended to pay Plaintiff for his work. Bhatia and Theos Medical Systems are alleged to have been third‐party beneficiaries of the c...

Excerpt: ...e first time that the court has ruled on the validity of plaintiff's claims. (See McDonald v. Superior Court (1986) 180 Cal.App.3d 297, 303‐ 304.) However, plaintiff is not permitted to add any new legal theories or causes of action. Further, the court is unlikely to grant leave to amend repeatedly, so if plaintiff intends to amend, she should make her best attempt to cure the defects noted in this ruling when she files her Fourth Amended Compl...

Excerpt: ...each cause of action because the Cross‐Complaint does not contain general allegations that are incorporated into each cause of action. Tajiri may amend the Second Cause of Action if he decides that removal of the First deprives him of any allegations he needs for the Second. Any amended Cross‐Complaint shall be filed and served on or before March 19, 2021. If Tajiri does not amend, Uber shall file and serve its Answer to the Cross‐ Complain...

Excerpt: ..., the demurrer is overruled and the motion to strike is denied. Defendant shall answer on or before March 15, 2021. Background Plaintiffs are two property owners or occupants of property near a landfill operated by defendant. They bring this putative class action based on offensive odors that they allege escaped the landfill that interfered with their property rights. They allege two causes of action: (1) private and public nuisance and (2) negli...

Excerpt: ...) for negligence (medical malpractice) and loss of consortium arising out of his treatment for cauda equina syndrome at John Muir Medical Center, Walnut Creek and by various physicians in September 2015. Plaintiffs allege that undue delay in diagnosing and treating this syndrome resulted in ongoing significant neurologic effects, including pain and numbness in his lower extremities, incontinence, and loss of normal urinary and other functions. Dr...

Excerpt: ... status, and plaintiff has not filed an objection to that declaration; accordingly, The Mortgage Law Firm is now only a nominal party, and the question of which causes of action are asserted against it is moot. (See Civ. Code, § 2924l.) Further, plaintiff's complaint is reasonably clear that plaintiff intended to assert all causes of action against both defendants. B. The General Demurrer. B‐1. The First And Fifth Causes of Action. CONTRA COST...

Excerpt: ...y prohibition on on‐site, outdoor dining at restaurants set forth in the State of CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 03/04/21 ‐ 39 ‐ California's December 3, 2020 “Regional Stay At Home Order” (the State Order) in response to rising cases of COVID‐19 infection. The County Order was implemented in advance of the triggering event set out in the State Order (less than 15% hospital intensive care...

Excerpt: ...Nyabenga CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 03/04/21 ‐ 27 ‐ LLC and Nyabenga Holding Company LLC) and cause of action six. Plaintiffs shall file and sever their second amended complaint by March 18, 2021. The Plaintiffs each own a TheHomeMag franchise and are in the business of preparing magazines that advertise services marketed towards homeowners. Defendant worked for the Plaintiffs from 2008 until...

Excerpt: ...whether the relevant contract is written, oral, or implied by conduct. Legal Standards It is well settled that a demurrer admits all properly pleaded material facts, but not legal or factual conclusions or contentions of law. (City of Dinuba v. County of Tulare (2007) 41 Cal.4th 859, 865.) The Court also may consider matters of which the Court may take judicial notice. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) If the properly pleaded facts sup...

Excerpt: ... itemized wage statements. The total settlement payment is $555,000. This is composed of $350,434.19 in PAGA penalties (of which 75% will be paid to the LWDA, and the aggrieved employees will receive 25%, allocated based on the number of pay periods that they worked), $185,000 in attorney's fees, costs of $13,665.81 (not to exceed $15,000), and $5,900 in costs to the settlement administrator (not to exceed $7,000). The fees, litigation costs and ...

Excerpt: ...stipulation, that the claims be sent to arbitration “with the exception of the PAGA claims[.]” The matter was stayed pending arbitration, and plaintiffs retained their right to pursue PAGA claims after the arbitration was completed. Plaintiffs have now filed a motion “to approve PAGA settlement and to dismiss PAGA claim.” At mediation, the parties reached an agreement resolving the individual claims. In addition each plaintiff “releases...

Excerpt: ...ase No. MSC18‐01698 with Case No. MSC16‐01608 for all purposes, and denies the motion in all other respects. After consolidation of Case No. MSC18‐01698 with Case No. MSC16‐ 01608, all future filings in Case No. MSC18‐01698 shall be made in the low‐numbered case Salehomoum v. Bahrami‐Daghigh etc. (MSC16‐01608). Factual Background Mojdeh Salehomoum has moved to consolidate for all purposes three actions pending in the Contra Costa ...

Excerpt: ...Motion is therefore brought by Aerotek alone. The Motion is granted in part. The following portions of the First Amended Complaint are stricken:  page 5, lines 8–9 (“and the failure to include premium pay for missed and/or interrupted rest and meal breaks”)  page 6, line 28 and page 7 line 1 (“and the meal and rest period premiums owed”)  page 4, line 21 [sic] (“and meal and rest period premiums”) No leave to amend has been...

Excerpt: ...ndered to Defendant. Defendant failed to pay. Plaintiff filed this action. Defendant's agent for service of process is Mandeep Singh, president and CEO of Royal Intermodal, Inc. Substitute service was made on May 29, 2020 at the UPS store located at 1511 Sycamore Avenue, #M281 in Hercules. According to the Articles of Incorporation and Statement of Information filed with the Secretary of State, Defendant's corporate address and CONTRA COSTA SUPER...

Excerpt: ...treme Fitness executed a Promissory Note in the original principal amount of $50,000.00 in favor of Plaintiff. On May 11, 2006 Defendant Prince Land executed a Promissory Note in favor of Plaintiff in the amount of $1,025,000.00. Defendant Cardi M. Prinzi was a Guarantor on the Notes. Defendants failed to make payments on the Notes when due. Plaintiff alleges breaches of Commercial Guaranties by multiple parties, including the Guaranty executed b...

Excerpt: ...Commons"). For the reasons set forth, the petition is denied, and the request to stay the action is denied. Factual Background and the Petition This action alleges claims for professional negligence against the Hirsch Firm, Hirsch individually, the law firm Lewis Brisbois Bisgaard & Smith LLP ("Lewis Brisbois"), and Joann Rangel of the Lewis Brisbois firm arising out of their representation of Campus Commons in the case Prinz v. Campus Commons et...

Excerpt: ...een effectuated. On April 8, 2019, Prior Counsel for Plaintiff advised the court that a motion for publication for service was being prepared. The hearing was continued to August 20, 2019 and the court set it for an order to show cause why the case should not be dismissed for failure to serve the defendant and prosecute the case. On August 20, 2019, Prior Counsel advised the court that the “matter was out for service and Prior Counsel was in ta...

Excerpt: ...a court appointed referee sold the property. The Nelsons bought the property outright and John II received his share of the proceeds. Although the appeal was denied in 2020, final judgment has not yet been rendered. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 36 HEARING DATE: 03/01/21 ‐ 9 ‐ In the instant action (“2019 Action”), John Riley et al v. Shirley Nelson et al; John Riley (Father of John Riley II in the 2017 Acti...

Excerpt: ...led a number of additional documents with the court. On February 8 the Court received from Plaintiff two similar documents entitled: “Summary of Hearing 1‐11‐ 2021, email filed to Dept. 36 before hearing 1.11.21”; and “Summary of Hearing 2‐1‐2021, emails filed to Dept. 36 before hearing 2.1.21” This court notes that these documents do not accurately reflect the proceedings before the court. Plaintiff has filed multiple “proposed...

Excerpt: ...at substitute service was improper. Substitute service must include service on a competent member of the household or a person apparently in charge of the business and then mailing the documents to the individual. (Code of Civil Procedure section 415.20.) What constitutes a competent member of the household or a person apparently in charge is construed liberally. For example, substitute service was found to be proper when served on a store clerk ...

Excerpt: ... nominal party in this litigation. (See Civ. Code, § 2924l.) Defendant's demurrer is overruled as to the First Cause of Action, and is sustained without leave to amend as to the Second Cause of Action. Defendant shall file an answer on or before March 18, 2021. The basis for this ruling is as follows. A. The First Cause of Action. The First Cause of Action is for violation of Civil Code section 2923.7, part of the Homeowner Bill of Rights (“HB...

Excerpt: ...led thirteenth in Defendants' memorandum and reply) causes of action are overruled, and (b) the special demurrer for uncertainty to the tenth cause of action under the Unruh Civil Rights Act is sustained, with leave to amend. Factual Background from the Complaint Plaintiffs allege they were tenants residing in one‐half of a duplex in Richmond from December 2016 through March 31, 2020. (Compl. ¶ 1.) Defendants are the owners and landlords. (Com...

Excerpt: ...mproper. Failure to Timely File Defendant's Declaration Code of Civil Procedure section 473(b) allows a court “relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” Rather than require Defendant to file a formal motion for relief under section 473(b), the Court requested a declaration from cou...

Excerpt: ...oviding payroll and human resources services. A. Background and Settlement Terms The original complaint was filed November 26, 2018, as a class action. Plaintiff seeks leave to file an amended complaint, in order to raise PAGA allegations, which were not included in the original complaint. The proposed First Amended Complaint recites that PAGA notices were provided to the LWDA on November 6, 2020, but the record does not document that the notice ...

Excerpt: ...set forth below. The original of the First Amended Complaint, as so amended, shall be filed and served on or before March 4, 2021. The basis for this ruling is as follows. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 02/25/21 ‐ 3 ‐ A. Punitive Damages. On July 12, 2018, the Court struck the claim for punitive damages in plaintiff's original Complaint. The Court ruled as follows: The motion to strike plaintiff'...