Excerpt: ...) Defendants' motion for summary adjudication of each of the seven causes of action of the complaint is also denied. Facts Plaintiff Kathleen Lewis alleges she tried to purchase a mobilehome located in a mobilehome park owned and operated by Defendant LH Concord Property, LLC ("LH Concord"). Defendant LH Concord owns and operates a mobilehome park (”Park”) in Concord, California. (Defendants' UMF (“UMF”) No. 2) Defendant Jennifer Lewis is...

Excerpt: ...uly 11, 2018 neither counsel nor their clients appeared at the scheduled CMC and order to show cause (OSC) was issued to both directing them to appear in court on August 15, 2018. On August 9, 2018 Defendant's counsel filed a response to the OSC issued on July 11. In that response, attorney Roth did not explain his absence on July 11 but did indicate that his client would be filing for bankruptcy and had hired another lawyer to perform that task....

Excerpt: ...in an automobile accident. The trial started on September 17, 2019 when counsel made their opening statements following jury selection. (See CCP § 998 (b)(3).) The jury returned a verdict for the Plaintiff in the total amount of $6,338.59. Final judgment was entered in that amount on December 31, 2019. The Judgment indicated that the amount awarded would be subject to an award for allowable costs and amounts that might be awarded pursuant to Cod...

Excerpt: ...RING DATE: 07/10/20 ‐ 4 ‐ both defendants moved for summary judgment. The Court's tentative ruling was to grant that motion as to both defendants, on the ground that plaintiff's expert did not meet the requirements of Health & Safety Code § 1799.110(c) for experts testifying as to the standard of care for emergency medical treatment. At argument, however, plaintiff pointed out that his claims against the hospital extended more broadly than j...

Excerpt: ... (TAC), but not until Monday January 13, 2020. Rather than file a further demurrer, the District has filed a Motion to Dismiss and a Motion to Strike on both substantive and procedural grounds. The procedural grounds are that plaintiffs filed the TAC one court day late. The court denies both motions to the extent they are based on the late filing. The court will construe the Motion to Dismiss as a demurrer. So construed, the court sustains the de...

Excerpt: ...sitions (MLA) alleges that defendant Hom entered electronically into a loan transaction with LoanMe (not a party to this case), and defaulted on payments. MLA allegedly acquired the note and claim by purchase and assignment. The alleged arrears are $2,554.80, although by plaintiff's calculations that amount now comes to more than $10,000 with interest added. Hom answered and filed his cross‐ complaint, which had the effect of converting this to...

Excerpt: ...er shall promptly file a request for dismissal of this action. If the appeal is denied, petitioner will have exhausted its administrative remedy under the Education Code, and the Court will rule on the merits of the pending motion for preliminary injunction. While the Court is waiting to hear the outcome of the appeal, the Court continues the hearing on the motion to July 17, 2020, and requests that the parties be prepared to address the issues s...

Excerpt: ... (E.g., Wall Street Network, Ltd. v. New York Times, Inc. (2008) 164 Cal.App.4th 1171, 1176.) Plaintiffs' first ground for their motion is simply that the Court got it wrong on the law in granting summary judgment. In this respect, plaintiffs' counsel appear to be confusing this Court with the court of appeal. While it is true that a summary judgment is reviewed de novo, it isn't reviewed de novo (or in any other fashion) by the very court that i...

Excerpt: ...DATE: 07/10/20 ‐ 7 ‐ Background On or about June 14, 1947, a certain tract of land in Antioch was subdivided into lots and streets and represented on a map filed with the County Recorder. (Exhibit A to Complaint.) The 1947 Map depicted a street named Cesa Lane that starts on the south at Railroad Avenue and runs northerly, then turns easterly to Walter Way. There is no dispute that the City properly abandoned Cesa Lane by Resolution. On or ab...

Excerpt: ... shall be served and filed on or before July 23, 2020. Background Defendant and cross‐ complainant Venturi rented premises from plaintiff and crossdefendant Smok ‘N Bones for the operation of a tap house, LaMorinda Taphouse, LLC. The Second Amended Cross‐Complaint (“SACC”) alleges the two parties used the same realtor, Wiener, for negotiation of the lease. Venturi and LaMorinda were unable to open the new business as soon as they wanted...

Excerpt: ...istrict (“District”). Because the motions present similar and intertwined questions, the Court addresses them together. As to the MJoP, the District asks the Court to take judicial notice of various pleadings on file in this case. The Request is denied as superfluous. To the extent the pleadings are relevant or necessary to the disposition of the MJoP, they are already before the Court in connection with the MJoP. As to the Motion for Leave t...

Excerpt: ...Fact Nos. 8, 9, 11, 12, 13; see also Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200, 1203, 1210, 1212‐ 1213; CCP § 437c (e).) Background This case arises out of an accident that occurred on February 27, 2016, when plaintiff slipped and fell at the Walmart store on Loveridge Road in Pittsburg, California, allegedly due to liquid on the floor. The incident was captured on surveillance video. The video establishes that the incident occurred about 3...

Excerpt: ...ropriate, in order to allow plaintiffs to conduct jurisdictional discovery limited to the issue of specific jurisdiction. Background This case arises from plaintiff J.D. Ford's diagnosis of lymphoplasmacytic lymphoma, a type of non‐Hodgkin's lymphoma, that allegedly resulted from his exposure to benzenecontaining products between 1973 and 2007 at a tire manufacturing plant located in Tyler, Texas. (See Complaint, ¶¶18‐20.) CONTRA COSTA SUPE...

Excerpt: ...sick leave available)” appearing in Prayer for Relief, ¶2. Defendants shall file their answers within ten (10) days. Background Before the Court is a motion to strike (“Motion”) filed by defendants Stericycle, Inc., Stericycle Environmental Solutions, Inc., Stericycle Specialty Waste Solutions, Inc., and Shred‐It USA LLC (“Defendants”) pursuant to Code of Civil Procedure § 436. The Motion relates to the PAGA complaint filed by plain...

Excerpt: ...stitute a cause of action. The Demurrer is otherwise overruled. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 07/08/20 ‐ 12 ‐ Defendants Jay Zimmer, Jordan Rose, Sherry Berkman, David Grant, Jean Jones, Craig Judson, Renee Powell, Gloria Ruth, Sam Salkin, Mark Usatin, Joel White, and Jack Katz (collectively, “individual defendants”), as well as The Reutlinger Community, and Eskaton, are to file their answer...

Excerpt: ... on the other grounds asserted; (3) fourth cause of action –overruled as to CCP § 337.15 and sustained, with leave to amend, on other grounds asserted; (4) fifth and sixth causes of action – sustained, with leave to amend. Facts Alleged in the FAC Plaintiffs the Patels built their home in 2002 and 2003. Defendant JELD‐ WEN (“JW” for convenience) manufactured windows and doors included in the residence. Plaintiffs allege most of the win...

Excerpt: ...al property. Defendants Gershon Luria and Irit Sanger, husband and wife, own the remaining undivided 50% tenancy‐in‐common interest in the property. Defendant Mutual of Omaha Bank, CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 23 HEARING DATE: 07/06/20 ‐ 2 ‐ a lending institution, has a beneficial interest in the property by virtue of assignment of rights under a Deed of Trust, originally given in favor of Bank of Internet ...

Excerpt: ...tter” means immaterial allegation. (CCP § 431.10(c).) “An immaterial allegation in a pleading is… A demand for judgment requesting relief not supported by the allegations of the complaint or cross‐complaint.” (Code Civ. Proc., § 431.10(b)(3).) The Court rules as follows: As to the Texas Penal Code, the Court has no jurisdiction to provide remedies under Texas law. Motion to strike is granted without leave to amend. As to Article 1, Se...

Excerpt: ...s Ryback, decedent, died of his injuries after he fell at the gas station located at 1091 Market Place, San Ramon, CA. Plaintiffs are his successor in interest, Elaine Ryback, and his two children. They filed their complaint on April 7, 2020, alleging five causes of action: (1) Negligence, (2) Negligence‐ Wrongful Death, (3) Premises Liability, and (4) Survival Action. Five of the six defendants have answered the complaint, including (1) 7‐El...

Excerpt: ...ection Associate,” one of about 1,511 in at Walmart Stores in California during the time in question. APAs are required to communicate with each other on the job. Plaintiff alleges that they were required to use personal cell phones to do so, and that Walmart should have reimbursed them for some of their cell phone costs. Walmart disputes these allegations, contending that proper two‐way radios were provided, that their written policy directe...

Excerpt: ...e Lease term was five years with an option to renew, provided Plaintiff gave written notice no later than 90 days before expiration of the lease. Plaintiff did not exercise the option in writing. Plaintiff alleges the parties came to an oral agreement to extend the lease in 2014 to 2021. The Lease also contained a right of first refusal provision, allowing Plaintiff the right to purchase the property if the Wongs ever sought to sell it. On or abo...

Excerpt: ...ure to provide meal periods and rest breaks, failure to pay wages at termination, failure to provide sick days, failure to properly itemize wage statements, failure to pay employees twice per month, and failure to reimburse business expenses. A gross settlement of $600,000, non‐reversionary, will be paid to the Settlement Administrator. The employer's share of payroll taxes (not income tax withholding) on the wage portions of the payments will ...

Excerpt: ...pay wages and/or overtime, failure to provide meal periods and rest breaks, and failure to reimburse business expenses. The complaint alleges that the plaintiff class regularly worked overtime, but the rate of overtime pay was not properly calculated because in calculating the regular rate of pay, defendant failed to include commission income. Plaintiff also asserts meal break violations, rest break violations, and failure to reimburse personal c...

Excerpt: ...ieb (“Gottlieb”) as well as their law partnership, SwedelsonGoddlieb (“S&G”), for the fictitious Doe defendants 1‐3 named in the original Complaint. Plaintiff also seeks to add alter ego allegations against Swedelson, Gottlieb, and S&G and revise her prayer for relief to hold Swedelson, Gottlieb, and S&G jointly and severally liable with ALS for a judgment in this case. For the reasons described further, below, the motion for leave to a...

Excerpt: ...ate it owned in San Francisco. The Accountants (for present purposes, the distinction between the accounting firm and David Bott, the individual accountant, is immaterial) demur to the complaint, contending that the professional negligence cause of action is time‐barred. Relevant Standards and Authority The Court must accept all the factual allegations of the complaint as true for purposes of ruling on the demurrer. (Blank v. Kirwan (1985) 39 C...