Excerpt: ...spond. First, the parties dispute whether the discovery was properly served. Defendant served the requests by electronic mail on May 19, 2020, making responses due June 22, 2020 (if properly served). (Defendant has not provided proof of service of the discovery, but states by declaration that they were served electronically.) Plaintiff did not respond by June 22, 2020. Plaintiff's counsel asserts that defendant did not inquire as to whom email se...

Excerpt: ...ttlement communication. In a concurrently published tentative ruling, the Court has tentatively ruled that the subject e‐mail is indeed inadmissible under Evidence Code sections 1152 and 1154. The opposition Before the Court reaches the merits of the 128.7 motion, the Court notes several preliminary matters. First, it appears that the attorney who was responsible for filing the MSA no longer represents Spalasso. As discussed further below, the ...

Excerpt: ...al periods and rest breaks, failure to provide appropriate wage statements and failure to reimburse necessary business expenses. A Second Amended Complaint was filed on December 30, 2019, which added the PAGA claims. Plaintiff Medina had filed a separate action in Ventura County, but that case was dismissed without prejudice, and Medina's claims were made part of this case. The parties undertook discovery as part of the matter, and eventually rea...

Excerpt: ...ho allegedly were CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 01/28/21 ‐ 7 ‐ misclassified as “exempt” employees, and therefore did not receive appropriate paychecks, were not paid for all hours work, and did not receive rest or meal breaks. The second class, Wage Statement Class Members, allegedly received wage statements that did not contain all required information, but are not alleged to have received...

Excerpt: ...nal distress. Any amended complaint shall be filed and served on or before February 11, 2021. Background CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 01/28/21 ‐ 15 ‐ Plaintiff, Prasad Shankar, filed the complaint in this case on September 22, 2020. On October 8, 2020, before any defendant appeared, he filed the FAC. Plaintiff is representing himself. The FAC alleges that attorneys provided to plaintiff through...

Excerpt: ...IR Investment Corporation (“EBSIR”) and Plaintiff Attarha Investment Corporation (“Attarha”) (collectively, “Plaintiffs”) Complaint. Plaintiffs' Complaint alleges causes of action for (1) fraud, (2) negligent misrepresentation, (3) unfair competition, and (4) RICO. For the following reasons, the Demurrer is sustained, with leave to amend. Standard “The function of a demurrer is to test the sufficiency of the complaint as a matter of...

Excerpt: ...ses of Action. Introductory Notes The court notes that the copy of respondent's Opening Brief in the court's file is poor, with dark streaks on it indicative of a toner or printer problem. The court cannot make out all the words. Respondent will want to remedy this problem before it files additional papers in this case. The court also notes that petitioner's Opposition appears to be longer than the 15 pages allowed under California Rule of Court ...

Excerpt: ...§ 187. This includes the power to amend a judgment to add judgment debtors who are alter egos of a corporate defendant. Greenspan v. LADT, LLC (2010) 191 Cal.App.4th 486, 508. However, “[t]he standards for the application of alter ego principles are high, and the imposition of [alter ego] liability ... is to be exercised reluctantly and cautiously.” Sonora Diamond Corp. v. Superior Court (2000) 83 Cal. App. 4th 523, 539. Three factors determ...

Excerpt: ...ntiffs allege that Defendant Parham Adib was driving a vehicle that collided with Plaintiffs' vehicle. It is alleged that Parham was speeding and drove through a red light. Plaintiffs also allege that Parham was intoxicated with narcotics and/or alcohol at the time of the accident, was driving without a valid license and was using a mobile device without a hands free device at the time of the accident. Mohammadreza is Parham's father and let Parh...

Excerpt: ...n or about May 1, 2016, Land Home and Gomez entered into a Loan Originator Employment Agreement and a Producing Branch Manager Addendum to the Loan Originator Employment Agreement, collectively referred to as the “LO Agreement.” Under the LO Agreement, Plaintiff employed Gomez to originate loans and to manage the Land Home branches in Modesto and Merced. The Agreement contained provisions protecting Land Home's confidential materials and info...

Excerpt: .... Defendants demur to both causes of action based on the failure to state facts sufficient to state a cause of action and for uncertainty. Wrongful Death (C/A 1) Plaintiff alleges that both Life Generation and GHC of Walnut Creek owned, operated, managed and/or maintained a licensed skilled nursing facility. (FAC ¶3.) Plaintiff also alleges they neglected Decedent's care. (FAC ¶15.) Specifically, Plaintiff alleges that Decedent became constipat...

Excerpt: ...FAC”) filed by Plaintiff and Cross‐Defendant Regina Enterprises, Inc. dba Shapes Fitness for Women (“Plaintiff” or “Regina Enterprises”). The FAC alleges causes of action for (1) breach of contract, (2) fraud (intentional misrepresentation), and (3) fraud (promise without intent to perform). CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 01/27/21 ‐ 5 ‐ Defendants demur generally and special demur to ...

Excerpt: ... time homebuyers, purchased a residence in Richmond (the "Property") through an escrow that closed on July 10, 2015. (SAC ¶¶ 7, 9, 13.) Defendant Pacific Union is a licensed real estate broker, defendant Joy is a licensed real estate agent employed by Pacific Union, and they represented both the seller and buyer in the purchase and sale transaction. (SAC ¶¶ 2, 3, 7.) The Property was advertised by Defendants as having a "Legal in‐law unit!!...

Excerpt: ...ed a Complaint for breach of guaranty against Defendant Robin Zeman (“Defendant” or “Zeman”). Plaintiff seeks an order for issuance of a writ of attachment against Defendant in the amount of $515,922. The application is opposed. For the following reasons, the application is denied. Evidentiary Objections CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 01/22/21 ‐ 35 ‐ Declaration of David A. Rey Defendant ...

Excerpt: ...e broker and sales agent who represented Plaintiffs in the purchase of their home. Defendants have filed a demurrer to the SAC being heard concurrently with this motion. The details of the transaction and claims alleged in the SAC are set forth in the tentative ruling on the demurrer. Defendants move to strike various allegations of the SAC related to five categories of damages: (1) "tort of another" damages (Mot. ¶¶ 1, 7, 10, 17, 21, 24); (2) ...

Excerpt: ...g, and (3) premises liability. Only the first and third causes of action are alleged against Higgins Chapel. Defendant demurs to Plaintiff's causes of action for negligence and premises liability pursuant to Code of Civil Procedure (“CCP”) § 430.10(e). 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.” (H...

Excerpt: ...eneral Indemnity Company demurs to two of them: the Third Cause of Action, for negligence; and the Fourth, for financial elder abuse. The complaint alleges that plaintiffs are over the age of 65. They live in Orinda. They purchased homeowner's insurance from USAA. Under the insurance contract, USAA promised to insure against sudden and accidental direct physical loss to tangible property, to pay for physical damage and loss of use, and to pay the...

Excerpt: ...endant Contra Costa County Department of Conservation and Development as the “County.”) In brief, this case relates to Defendants' proposed construction of an addition to their home. Ashar (Defendants' neighbor) contends that the addition would unlawfully impede the views she presently enjoys from her home, and also would invade her privacy, since the deck Defendants seek to add to their home would provide Defendants a view into her bathroom ...

Excerpt: ...e) +1 669 219 2599 US (San Jose) Meeting ID: 980 3412 7433 Passcode: 613244 Find your local number: https://cc‐courts.zoom.us/u/arAHun9bC The Court has provided a draft of its ruling below. The Court has questions regarding this case, which are provided at the end. Counsel also should be prepared to address whether further briefing on specified issues would be appropriate. Petitioners own 186 acres of undeveloped property in an area called Boll...

Excerpt: ...meet and confer process. The Court has reviewed the Melton Declaration. It details a more or less successful meet and confer related to the original complaint; that is, Defendants raised issues with Bao's pleading, and after receiving and (presumably) reviewing written support for Defendants' objections, Bao filed the currently operative 1AC. Subsequently, Defendants again took issue with the complaint. Apparently, counsel for Defendants called c...

Excerpt: ...ly 31, 2020.”); #8 (“Copies of all Balance Sheets for the period of January 1, 2015, to July 31, 2020”); and #9 (“Copies of all Financial Statements for the period of January 1, 2015, to July 31, 2020”). 7 Stars objects on the grounds that the requests are not reasonably calculated to lead to the discovery of admissible evidence; that the burden and expense outweigh the likelihood that the information will lead to the discovery of admis...

Excerpt: ...filing of this complaint. From approximately February 2018 to approximately May 2018, Plaintiff was employed as an hourly‐paid warehouse employee of Vici, a women's apparel retailer, located in Contra Costa County. Plaintiff alleges various Labor Code violations, including failure to pay overtime, provide meal and rest periods, failure to pay minimum wage, and other derivative wage and hour claims. In May 2018, Vici asked its employees to sign ...

Excerpt: ...cause they are all based on defendant Global's post‐litigation activity, which is privileged: (2) plaintiffs delayed unreasonably in moving to amend; (3) permitting the amendment will prejudice defendants; and (4) each new claim fails to state a cause of action. None of these arguments is persuasive. Not all post‐lawsuit activity by an insurer is privileged. (See White v. Western Title Ins. Co. (1985 ) 40 Cal.3d 870, 885‐886 (holding that a...

Excerpt: ...) declaratory relief; (3) cancellation of instruments; and (4) to set aside trustee's sale. Defendant Tobias Kahan brings this MJOP to the remaining causes of action to set aside trustee's sale and for declaratory relief, having previously demurred successfully to Plaintiff's cause of action for wrongful foreclosure. For the following reasons the Defendant's MJOP is granted, without leave to amend. Request for Judicial Notice Defendant's unoppose...

Excerpt: ...city as Superintendent of Public Instruction (“State Defendants”). The demurrer by the State Defendants is overruled. The demurrer by the County is overruled as to the first and ninth causes of action, and sustained with leave to amend as to the second cause of action. I. Alleged Factual Background This case stems from the claims of four current and former students of the Floyd I. Marchus School (“Marchus”). Marchus is a school for studen...