Excerpt: ...ship role as a Member Experience Generalist. In 2011 Keene signed an arbitration agreement, which was a condition to her continued employment. The agreement was “[t]o ensure the rapid and economical resolution of disputes that might arise in connection with the employment of [Keene].” The agreement stated that questions of arbitrability and “procedural questions which grow out of the dispute and bear on the final disposition” would be “...

Excerpt: ...r summary adjudication is granted as to plaintiff's causes of action 1 (negligence), 3 (respondeat superior), 4 (negligent hiring and supervision), 5 (negligence per se), and 10 (negligent infliction of emotional distress). The motion for summary adjudication is denied as to plaintiff's cause of action 11 (UCL). Bigelow's motion for summary judgment on all cross‐complaints against it is also granted. Factual Background Plaintiff Nefertari S. is...

Excerpt: ... floor of defendants' business, Vice Ultra Lounge. Plaintiff was a patron at the business operating at 1251‐A Arroyo Way in Walnut Creek. Plaintiff sustained injuries. On December 30, 2014, Plaintiff filed a complaint against defendants Matthew DeLima and Matthew DeLima dba Vice Ultra Lounge. On April 13, 2015, plaintiff filed a second amendment to the complaint, naming Defendant Jesse Sandhu as Doe 2. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALI...

Excerpt: ...ior Court (2003) 114 CA4th 475, 481. The procedure to be followed by the Court when performing this balancing is set forth in Williams v. Superior Court (2017) 3 Cal 5th 531. “The party asserting a privacy right must establish a legally protected privacy interest, an objectively reasonable expectation of privacy in the given circumstances, and a threatened intrusion that is serious. The party seeking information may raise in response whatever l...

Excerpt: ...ex parte application for a temporary restraining order and preliminary injunction in September 2020. The Court granted a temporary restraining order, issued an order to show cause as to why a preliminary injunction should not issue ('OSC"), and set a hearing on October 8, 2020 on the OSC. The Court denied Plaintiffs' request for a preliminary injunction after argument. (See October 8, 2020 Minute Order.) Plaintiffs have now filed a noticed motion...

Excerpt: ...(1) negligence and (2) negligent hiring & retention against Defendant Goldman Inc. and a single cause of action for (3) negligence against Hanover. Defendant demurs on several grounds. For the following reasons, the Demurrer is sustained. Factual Background Plaintiffs allege that Defendant Goldman Inc. had two laptops with confidential patient information and cell phones stolen from Dr. Goldman's car in July 2016 (hereinafter, the “Data Breach�...

Excerpt: ...he motion for summary judgment is denied, and the motion for summary adjudication of the first, second and third causes of action is also denied. Legal Standards for Granting Summary Judgment and Summary Adjudication A plaintiff may move for summary judgment if plaintiff contends there is "no defense to the action," that the papers show "there is no triable issue of material fact and that the moving party is entitled to judgment as a matter of la...

Excerpt: ...c).) Summary adjudication is denied as to the First Cause of Action, under Penal Code section 502 (e), because of a disputed factual issue whether Spence downloaded and copied emails without permission and because of GP21's failure to meet its initial burden to prove its damages were reasonably incurred. (Disputed Material Fact (“DMF”) Nos. 9, 16; Sutta Decl., ¶ 14‐20; Pen. C § 502 (e)(1).) Summary adjudication is denied as to the Second ...

Excerpt: ...laint in this action, the second amended complaint, is not a putative class action complaint. It does not comply with the Rules of Court regarding the form of a class action complaint. (See CRC 3.761.) Rule 3.761(a) provides: “A complaint for or against a class party must include in the caption the designation ‘CLASS ACTION.' This designation must be in capital letters on the first page of the complaint, immediately below the case number but ...

Excerpt: ...ion and order to the Court before then that addresses the State's involvement in this case. (The Court understands that the parties have an agreement on the State's involvement in cause of action one, but there is no order addressing this issue.) Cross‐Complainants the Oznowiczes sued the State for eight causes of action in the First Amended Cross‐Complaint. Later, the Oznowiczes dismissed the State from causes of action two through seven. Th...

Excerpt: ... Memorandum of Costs. On December 1, 2020 Mr. Wilson filed his Opposition to the Plaintiff's Motion to Strike. In this opposition, Mr. Wilson stated as follows: “Burch has been disqualified from considering or deciding any matter involving me. He has acted criminally and otherwise wrongfully against me. I have made a clear public record of Burch's crimes and otherwise wrongful acts and have previously directed his attention to that public recor...

Excerpt: ...gment and the matter was scheduled for trial de novo on November 5, 2020. On that date, both parties appeared and the Plaintiff (Edilberto Africa) requested that he be able to file a motion objecting to the County's standing to pursue a trial de novo in this case. The court granted Plaintiff's request. Plaintiff then filed his motion on November 6, 2020 and the Defendant filed its Opposition on December 1, 2020. Plaintiff first contends that at t...

Excerpt: ...that motion. After hearing extended argument at live hearing, however, the Court reversed itself and granted the ECHS defendants' motion for summary judgment against McMahon's defamation claim. The present motion seems to rest principally on the premise that the Court granted defendants' motion only because McMahon conceded that she would turn over to ECHS the contents of a particular safe, which McMahon now seeks to characterize as a voluntary c...

Excerpt: ... wage statements that did not identify “the inclusive dates of the period for which the employee is paid.” It does not allege that defendant failed to pay any wages that were due. The case does not include a claim under PAGA. The settlement would create a gross settlement fund of $275,000. The class representative payment would be $5,000. Counsel's attorney's fees would be $91,666.67. Litigation costs would be $5,000. The settlement administr...

Excerpt: ...laintiff Dennis Flores filed this complaint on March 5, 2020, on an approved Judicial Council form. Plaintiff alleges a sole cause of action for motor vehicle against Defendants Salem Habash and Enterprise Rent‐A‐Car of San Francisco. On information and belief, Plaintiff alleges the actions of defendants were negligent and the proximate cause of his injuries. The acts occurred on May 3, 2018 in Menlo Park, California. Plaintiff alleges Defend...

Excerpt: ...ound and Settlement Terms The original complaint was filed April 30, 2018. It alleges that defendants provide alarm services to homes and businesses, and plaintiff was a customer. The standard contract used provides that a customer may cancel the contract in writing 30 days before the end of the contract term, or it automatically renews. Plaintiff alleged that she cancelled, yet defendants continued to bill her under the contract, and that defend...

Excerpt: ...t for services, (3) promissory estoppel, (4) fraud, (5) recovery on payment bond, (6) breach of the covenant of good faith and fair dealing, (7) negligence, (8) violation of business and professions code § 17200, (9) unjust enrichment, (10) common count – money had and received, and includes a prayer for punitive damages. Defendants demur pursuant to § 430.10(e) on several grounds, including their threshold argument that the entire complaint ...

Excerpt: ...n pending the determination of the appeal of the order granting in part the motion to enforce the settlement in the Prior Litigation (defined below) with an opportunity for briefing by all parties. Factual Background Plaintiffs have sued Jordan Yudien for breach of fiduciary duty in the third cause of action of the Complaint. Yudien was counsel for defendants Constance Kilarr and Jerry Kilarr, now deceased, in the prior litigation filed by Plaint...

Excerpt: ...ords, “and treble damages pursuant to Civil Code § 3345” CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 12/09/20 ‐ 23 ‐ are stricken, without leave to amend. 2. Denied. 3. Denied. 4. Denied. 5. Denied. The court makes no determination on this motion to strike whether plaintiff will be entitled to any attorney's fees regarding the Second Cause of Action. 6. Denied as moot. Plaintiff has stated she will dismi...

Excerpt: ...ary 16, 2019 against PROS and other defendants contains five causes of action and the Third Cause of Action is not the only one alleged against PROS. PROS is listed as a defendant in the First Cause of Action (General Negligence), as well. Accordingly, SNCC's motion for summary judgment is denied. The motion does not establish that SNCC is entitled to judgment as a matter of law as to all claims that SNCC has asserted against PROS. (CCP § 437c (...

Excerpt: ...ary 16, 2019 against PROS and other defendants contains five causes of action and the Third Cause of Action is not the only one alleged against PROS. PROS is listed as a defendant in the First Cause of Action (General Negligence), as well. Accordingly, SNCC's motion for summary judgment is denied. The motion does not establish that SNCC is entitled to judgment as a matter of law as to all claims that SNCC has asserted against PROS. (CCP § 437c (...

Excerpt: ...g an Order to Show Cause directed to all parties to address why the Court should not stay this case pending the determination of the appeal ("Pending Appeal") of the order granting in part Plaintiffs' motion to enforce the General Mutual Release and Settlement Agreement made on or about September 20, 2018 ("Settlement") resolving the underlying action between the parties, Menasco v. Kilarr, Case No. MSC16‐01460 in this Court (the "Prior Litigat...

Excerpt: ...led a First Amended Complaint on October 26, 2020. For the following reasons, the Demurrer is sustained, without leave to amend. Request for Judicial Notice Defendant requests judicial notice of several county recorder documents, correspondence from Nationstar Mortgage LLC dba Mr. Cooper, and Plaintiff's declaration in support of his ex parte application for TRO (Ex. I). Unfortunately, Exhibit I appears to be missing from the RJN; however, this d...

Excerpt: ...t never filed an answer. 3. The Plaintiff did nothing to take a default or otherwise bring this case to resolution between September 7, 2018 and February 02, 2020. 4. The court issued an order to show cause (OSC) to the Plaintiff on August 23, 2019 directing that the Plaintiff appear in court on February 20, 2020 and respond in writing as to why it had not taken a default. A written response to the OSC was not filed; nor did the OSC prompt the Pl...

Excerpt: ...r) for all purposes. Plaintiffs may file substantive opposition papers, without waiving their already stated procedural objections, on or before April 5, 2021. Plaintiffs may also conduct additional discovery specifically directed to the issues raised in defendant's pending motion, without regard to any previously established discovery cutoff. Defendant may file reply papers on or before April 15, 2021. Both sides have expressed concern about the...