Excerpt: ... the motion is denied, because the Court cannot fully dispose of the conversion cause of action in light of Plaintiff's claim for punitive damages. Facts Plaintiff Erin Cornford is the successor administrator of the estate of her grandfather, Robert M. Whittington (the “Whittington Estate”), who died intestate in 2016. (Plaintiff's Separate Statement of Undisputed Material Facts ("UMF") 1, 5.) Her mother, Julie Whittington, was the original a...

Excerpt: ...r Holdings LLC (“400 Taylor”), whose sole asset is the medical office building located at 400 Taylor Boulevard in Pleasant Hill. On or about July 20, 2006, Dr. Patel and Dr. Sirott formed 400 Taylor and on March 26, 2007, Dr. Patel and Dr. Sirott entered into the initial Operating Agreement for 400 Taylor LLC. The Agreement identified Dr. Patel and Dr. Sirott as the sole members and mangers, each with 50% interest. Dr. Patel filed this deriva...

Excerpt: ...ch. (See Motion, 3:3‐12; Decl. of Roger D. Yuen, ¶4.) She further states that “Seventeen‐Thousand Five Hundred Dollars ($7.500.00) to was previously tendered” to defendant Brittany Arnold. (Yuen Decl., ¶5.) Because Hamrick's policy limits are $30,000, and the settlement is for the policy limits (Motion, 3:3‐12.), the Court construes the settlement terms as providing each plaintiff with a payment of $7,500. Combined with a previous pay...

Excerpt: ...o arguments. First, Defendants assert that this case is barred by the doctrine of res judicata. Second, the claim that the treble damages sought by Plaintiff are unconstitutional. The Court first rules on the parties' various unopposed requests for judicial notice, and then addresses the merits of the demurrer. Requests for Judicial Notice Defendants seek judicial notice of three items: (1) Plaintiff's August 2015 Government Tort Claim; (2) the s...

Excerpt: ...nt Code section 945.6 (a)(1) is sustained. Leave to amend is denied because the court does not see how the City can amend to correct the defect. If the City calls to contest this ruling to request leave to amend, it shall attend the hearing prepared to describe how it would successfully amend the Cross‐Complaint. The Park District shall file and serve its Answer to the Cross‐Complaint on or before October 15, 2020. Background The court takes ...

Excerpt: ...iness and Professions Code §§ 17200 et seq.; (9) negligent misrepresentation; (10) civil assault; and (11) negligent retention, hiring and supervision. For the following reasons, the demurrer is overruled‐in‐ part and sustained‐in‐part, with leave to amend. Factual Background Defendant Bill Brandt Ford employed Plaintiff as a Finance Manager at its Brentwood, California facility. (FAC ¶ 1,2,17.) Defendant Rob Brandt and Defendant Bobby...

Excerpt: ...swer on or before October 15, 2020. If plaintiff contests this ruling to request leave to amend, she shall attend the hearing prepared to explain how she could successfully amend the complaint. Plaintiff sues for alleged medical malpractice arising out of CT and MRI scans she had, alleging causes of action for (1) General Negligence; (2) Battery; (3) Intentional Infliction of Emotional Distress; (4) Deceit; (5) Premises Liability; and (6) Product...

Excerpt: ...at the motion was accompanied by a “medical record,” that record makes no mention of the Defendant complaining of or being diagnosed for Irritable Bowel Syndrome (IBS). In order to account for the absence of any medical record as part of the Defendant's initial motion, she has filed a reply that contains a single source of information found on the Internet that states that “there's no test to definitively diagnose IBS.” However, there are...

Excerpt: ...round Facts The subject property, a multifamily residential income property, is located at 5314 Bayview Avenue in the Richmond. The property was jointly purchased in January 2011. Plaintiffs Shachar Hadar and Ester Koyler are husband and wife and own an undivided 50% tenancy‐in‐common interest in the subject real property. Defendants Gershon Luria and Irit Sanger, husband and wife, own the remaining undivided 50% tenancy‐in‐common interes...

Excerpt: ...0. Background In or about 2018, plaintiff Edwin Tiu and defendant Michael Martin formed the membermanaged limited liability company, Fire Wings Concord (hereinafter, "Fire Wings" or “LLC”), for the purpose of owning and operating a restaurant. (Complaint, ¶6.) Plaintiff and Martin each own a fifty percent interest in Fire Wings and maintain the same percentages of economic interests. (Ibid.) Plaintiff alleges that, shortly after opening for ...

Excerpt: ...on already asserted in the initial complaint. Defendant opposes the motion on the following grounds: the proposed 1st amended complaint fails to allege sufficient facts to state any cause of action against Gary Ross; the plaintiff only alleges that Mr. Ross is the spouse of Marilyn Ross, who is named as a defendant in this action; the proposal to add Gary Ross as a defendant is merely retaliatory in nature, because plaintiff's husband is a named ...

Excerpt: ...gment as a matter of law. (Material Fact Nos. 2, 3, 4, 6, 9, and 10; Additional Fact Nos. 1, 3, 4, 6, 8, and 9.) Plaintiffs' Motion for Summary Adjudication as to Guo/Lin's Fifth Cause of Action, for Trespass, in Guo/Lin's Cross‐Complaint is moot because the Cross‐Complaint has been dismissed. Trespass and Nuisance To establish trespass, plaintiffs must prove an intentional, or at least a negligent, entry onto their property. (See CACI 2000, ...

Excerpt: ...Procedure § 425.16(b)(1) provides: "A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on th...

Excerpt: ...ile a formal discovery motion. (Local Rule 3.301(d)(7).) Pursuant to Rule 3.301(d)(9), the Court “will consider the recommendations of the Discovery facilitator in deciding the merits of the motion.” The Facilitator made four recommendations: (1) that plaintiff be granted three more hours of deposition of Mr. Zhang, and that it be conducted by video; (2) that Defense counsel limit instructions not to answer; (3) that plaintiffs be permitted a...

Excerpt: ... a.m. Allegations On April 4, 2017, Franklin was shot and killed by her ex‐ boyfriend, McBride, while she was taking two of her children, plaintiffs Eric and Aiden, to school. (FAC ¶¶1, 11.) Erin and Aiden witnessed their mother's murder. (FAC ¶¶1, 64, 65.) The night before the killing, Franklin had called 911 and reported that McBride was stalking her and she need police assistance. (FAC ¶13.) The call was documented as one for domestic v...

Excerpt: ...on has not been brought within the six‐month deadline set by CCP § 473 (b.) This is a subrogation action. Plaintiff, Fire Insurance Exchange, filed the action to recover in excess of $229,000 it paid when its insured's home was damaged, allegedly through the negligence of the insured's tenants and CSAA insureds, Terecita Gillifoster and Ruben Frias. Plaintiff filed the action on May 15, 2019. The default of Foster was entered on August 2, 2019...

Excerpt: ...amages against Willow Pass One and David Feng. Plaintiff moves pursuant to Code of Civil Procedure § 473 and 576, and Rule 3.1324 of the California Rules of Court. Defendant and Cross Complainant Willow Pass One opposes the motion on the grounds of undue delay and prejudice, the grounds that the proposed First Amended Complaint is “subject to demurrer,” and the grounds that there is no basis for personal liability against David Feng. For the...

Excerpt: ...0. The parties may file and serve responses to the supplemental briefs on or before October 14, 2020. 1. The Court requests that plaintiff provide the Court with a redlined copy of the First Amended Complaint. This redlined copy shall show all amendments to the original Complaint in the following manner: deleted language shall be shown in ‘strike‐through' text, and added language shall be shown in shaded, bold, or underlined text. The Court r...

Excerpt: ...ns, the Demurrer is granted, without leave to amend. Request for Judicial Notice Defendant's unopposed request for Judicial Notice is granted. (Evid. Code §§ 452, 453.) Factual and Procedural Background Plaintiff formerly held title to the real property known as 4400 Galileo Drive, Antioch, CA 94509 against which she borrowed $215,000.00 from Fremont Bank, secured by a Deed of Trust against the property. (RJN Ex. 1.) Plaintiff defaulted on her ...

Excerpt: ...ater‐ damaged or fire‐damaged. Apparently, Abdul‐Azim sought the services of Plaintiff based on a referral from Amica. Amica was not a party to the cleaning and restoration contract entered between Abdul‐ Azim and Plaintiff. That contract did provide that Abdul‐Azim agreed to transfer her right to receive insurance proceeds to Plaintiff. That agreement did not purport to bind Amica in any way. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIF...

Excerpt: ...dant Mr. Cucho struck the bus head‐on on San Pablo Road, injuring Ms. Ifraz. She sued the driver Mr. Cucho and defendant Mr. Pacahualo who was the registered owner of the vehicle. (References in this tentative ruling to "Mr. Cucho's truck" or "Mr. Cucho's vehicle" are for convenience and refer only to the vehicle he was driving, recognizing the vehicle was apparently titled to Mr. Cucho's father.) Ms. Ifraz added Scavengers Construction as a de...

Excerpt: ... LLC dba Mr. Cooper and Defendant U.S. Bank National Association, as Trustee for Lehman XS Trust Mortgage PassThrough Certificates, Series 2007‐5H (collectively, “Defendants”). The MJOP relates to Plaintiff Bryant Weekly as Executor of the Estate of Lucille Weekly (“Plaintiff”)'s Complaint for (1) violation of Civil Code § 2924; (2) violation of Civil Code § 2924.9; (3) wrongful foreclosure; (4) unfair business practices (Bus. & Prof....

Excerpt: ... demurrer, and shall submit that proposed judgment to the Court after submitting it to plaintiff's counsel for approval as to form. The basis for this ruling is as follows. A. Preliminary Matters. Plaintiff's attorney (Ms. Yee) filed a supplemental declaration in opposition to the demurrer on September 8, 2020. Defendant's objections to that supplemental declaration were filed on September 16, 2020. The objections are overruled. However, the Cour...

Excerpt: ...se 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 law". (§ 437c(a)(1) and (c).) A plaintiff meets her burden on summary judgment if plaintiff "'has proved each element of the cause of action entitling' [her] to judgment on that cause of action." (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849.) A motion for summary adjudication under ...

Excerpt: ...ligence and premises liability. The Cross‐Complaint alleges causes of action for declaratory relief, complete indemnity, and equitable contribution. For the following reasons, the unopposed MSJ is granted. Standard Code of Civil Procedure § 437c(o)(1) and 437c(p)(2) provide the relevant legal standard for deciding the MSJ. Section 437c(o)(1) provides, in relevant part: A cause of action has no merit if one or more of the elements of the cause ...