Excerpt: ...G. Hayes and Hayes Insurance Agency, for defendants to serve as a Broker/Agent and provide plaintiff with insurance. (Corrected Second Amended Complaint (SAC), ¶10.) Defendants orally agreed to provide insurance brokerage services to procure various types of requested insurance at the lowest price for plaintiff. (SAC, ¶10.) Defendant Hayes would submit quotes for coverage identifying the types of coverage for each policy, its limits, and total ...

Excerpt: ...endant Carquinez Women's Club (“CWC”), which owns the Property and operates it as an event venue. CWC cross‐complained against CrossDefendants for breach of contract ‐ insurance; breach of contract ‐ indemnity; equitable indemnity; apportionment; and declaratory relief regarding an alleged duty to indemnify and duty to defend. Cross‐Defendants move for summary judgment on the basis that they have no contractual or other duty to defend...

Excerpt: ...e statements. In essence, plaintiff alleges that he and five other aggrieved employees, who worked installing granite countertops, were paid a salary, when they should have been paid hourly and received overtime. Mr. Gonzales also has individual wage claims, which are resolved in the agreement. The individual wage claims of the other aggrieved employees are not resolved by this settlement. The total settlement payment is $146,144.61. This is comp...

Excerpt: ...20, 2018. Plaintiff's complaint was filed with the Clerk's office on April 21, 2020. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 09/17/20 ‐ 8 ‐ Defendant originally filed a demurrer to the Complaint on June 26, 2020 which was scheduled for hearing on August 6, 2020. The Court took the demurrer hearing off‐calendar because there was no proof of service on file indicating Defendant had served the Plaintiff wi...

Excerpt: ...�) and co‐worker, David Englebrekston. In his original complaint, he alleged Englebrekston told management that plaintiff was “verbally abusive” toward janitorial staff. Defendants demurred to the original complaint, partly on the grounds that plaintiff failed to allege any false factual statement actionable as defamation. The Court sustained the demurrer on the grounds that the statement was opinion, and plaintiff amended his complaint, on...

Excerpt: ...al briefs, not to exceed 10 pages, on or before October 8, 2020. 1. Necessary Parties. The Second Amended Complaint alleges that there are at least two additional claimants competing with petitioner for the subject excess sales proceeds: (1) 1827 H. Place, Inc. (“1827”), presumably a corporation, and; (2) an entity of unknown form identified only as “Fagala.” The Court requests briefing on why these and any other competing claimants shoul...

Excerpt: ...sional conduct in violation of Business and Professions Code Sections 2234, 2236 or 2239.” (Notice at 2‐3.) Defendant Robert W. Hodges and Defendant McNamara, Ney, Beatty, Slattery, Borges & Ambacher, LLP (collectively, “Defendants”) oppose the MSA on several grounds, including that it does not completely dispose of a cause of action under § 437c(f)(1). For the following reasons, the MSA is denied. Evidentiary Objections The Court need o...

Excerpt: ...hearing prepared to explain exactly how they would amend to cure the defects in their complaint. Assuming plaintiffs do not contest this ruling, ZLAJ shall file and serve its Answer on or before September 30, 2020. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 09/16/20 ‐ 2 ‐ In this action, plaintiffs seek to void a Deed by which they claim John Valentine, who owes them substantial money, transferred property t...

Excerpt: ...er, the Defendant admits that he purchased an automobile but that he and his wife divorced and the wife was awarded the car in the divorce proceedings. This response to the complaint did not and does not relieve the Defendant in this case from liability for the debt created by his purchase of the automobile. A debtor is jointly and severally liable for any loan he has entered with other borrowers/debtors. In such a circumstance, one debtor cannot...

Excerpt: ... a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal. App. 5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.) "As a general rule in testing...

Excerpt: ...cial Notice filed 6/12/20. It takes judicial notice of the fact stated in the Request. First Cause of Action, Negligence This cause of action alleges that CVCHS owed a duty to exercise reasonable care to avoid injuring plaintiff and to prevent B.H. from sexually assaulting plaintiff, based on a special relationship with plaintiff and its knowledge of B.H.'s prior misconduct (¶ 25.a., b.), its duty to maintain its campus in reasonably safe condit...

Excerpt: ...he City's time to answer the remainder of the FAC will run from that time. Preliminary Matters The FAC is unconventional in format. Its first eleven or so pages consist not of numbered paragraphs, but of narrative advocacy (complete with photos) in a manner more consistent with a trial brief or settlement brief. If plaintiff chooses to amend, his counsel should proceed in more conventional format and content. Plaintiff complains that the notice o...

Excerpt: ...trance) that no other discovery mechanism really exists. The deposition is not crucial under the three (3) prong test of Carehouse Convalescent Hospital v. Superior Court 143 Cal.App.4th 1558, 1563, citing Spectra Physics vs. Superior Court 198 Cal.App.3rd 1487, 1496. The requirements for a deposition of opposing counsel are: 1. Does the proponent have practical means to obtain the information? 2. Is the information crucial to preparation of the ...

Excerpt: ...ral‐question jurisdiction. After defendant moved for summary judgment, however, the District Court issued a sua sponte order remanding the case back to this Court, holding that no valid federal cause of action existed because the sole federal statute that plaintiff purported to sue on, IDEA, does not create a private cause of action for damages. Defendant contends that in light of this ruling, it was incumbent on plaintiff to dismiss her IDEA c...

Excerpt: ...ll be scheduled by the clerk of the court for a hearing not more than 30 days after the service of the motion unless the docket conditions of the court require a later hearing.” Plaintiffs argue that Rivlin's motion is procedurally improper because it was not filed within the 60 day timeline, and a hearing on the motion was not set within 30 days. This motion was not filed until June 9, 2020 and the hearing was set for September 11, 2020. Plain...

Excerpt: ...hotel into a health care facility. Two of the defendants, Quality Health Asset Management (“QHAM”) and Tracy Brown are apparently California residents. Moving defendants Mitchell and VIFC are not. Plaintiff concedes that the contacts of Mitchell and VIFC are insufficient to sustain general personal jurisdiction, but argues they are sufficient to support specific personal jurisdiction. A California court may not assert jurisdiction simply beca...

Excerpt: ...ailure to pay overtime, failure to provide accurate itemized wage statements, failure to reimburse required expenses, and failure to provide wages when due. The matter was filed in 2017, but was stayed while the parties arbitrated plaintiff's individual non‐PAGA claims. It was settled with the assistance of an experienced mediator. There is a separate settlement between Ms. Karr and Defendant of her individual claims, which is not submitted to ...

Excerpt: ...n the middle lane. Traffic slowed and stopped and Mr. Spargo slammed on the brakes, but his Toyota Rav 4 struck the rear of Brittney Bonner's Kia Forte and pushed the car forward into another vehicle. The facts of the accident are not in dispute. Liability is not in dispute. Richard Spargo admitted his negligence for the subject accident. In the collision, Brittney Bonner, her 4‐year‐old son Kyree Jackson‐Bonner, and a passenger Shaquela Ja...

Excerpt: ...suit arises out of Defendants' alleged failure to properly maintain the condition of the condition of the Park in a safe and habitable manner and in accordance with applicable statutory and other standards, and two landslides that occurred at the Park in January and February 2017 which resulted in some of the mobilehomes being red‐tagged and rendered uninhabitable. Plaintiffs filed their complaint initiating this action on January 23, 2018. The...

Excerpt: ...e conclusion that there is a risk of insolvency, and various issues concerning potential failure to make payments. The motion was denied without prejudice. Plaintiff now has refiled the motion. A. Background and Settlement Terms CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 09/10/20 ‐ 2 ‐ The original complaint was filed June 26, 2019. It is a class action complaint alleging failure to pay wages and/or overtime...

Excerpt: ...seeks to enjoin the collection of property taxes, the Court is without jurisdiction to grant the relief sought, under Revenue and Taxation Code (“RTC”) section 4807; (2) because the complaint challenges the assessment of property taxes, and Plaintiffs failed to exhaust applicable administrative remedies, the Court is without jurisdiction to grant the relief sought, under RTC sections 1603, 4801, 4807, 4986, and 5097; (3) the action is time‐...

Excerpt: ... CALIFORNIA DEPARTMENT: 21 HEARING DATE: 09/09/20 ‐ 4 ‐ Plaintiff SRI Environmental sued the Defendants for (1) breach of oral agreement (Dutch), (2) common count (Dutch), (3) breach of fiduciary duty (Joseph Baughman), (4) conversion (Joseph Baughman), (5) deceit (all Defendants), (6) negligence (Joseph Baughman), and (7) unfair competition (all Defendants). Defendants bring their motion for summary judgment, or alternatively summary adjudic...

Excerpt: ...portunity to amend. The Court notes that Plaintiff's admission that his third trial payment was reversed suggests that amendment is futile, but Plaintiff is nevertheless granted an opportunity to amend, bearing in mind the sham pleading rule. (See generally, Larson v. UHS of Rancho Springs, Inc. (2014) 230 Cal.App.4th 336, 343‐ 345.) Request for Judicial Notice Defendant requests judicial notice of several county recorder documents as well as t...

Excerpt: ...e time for good cause. CRC 3.1702(d). Had the pandemic not occurred, the motion should have been filed by April 6, 2020. But the court shut down operations effective March 16 and only allowed emergency ex parte hearings until it reopened. The court would not have found the filing of this motion for attorney fees to be an emergency. The reopening date kept changing with different emergency orders that ultimately declared the dates between March 16...

Excerpt: ...ause of action (fiduciary duty), fourth cause of action (common count), fifth cause of action (constructive trust), and sixth cause of action (accounting). The Court does not agree, however, that plaintiff's claims under the Option Agreement, or otherwise pertaining to plaintiff's having or not having an interest in the company, are arbitrable. Further, because plaintiff's claims to establish his interest in the company are the necessary conditio...