Excerpt: ...) is the former Head of School for Orinda Academy, during the relevant period. The causes of action against Graydon have been dismissed as a result of Defendants' demurrer to Plaintiff's Complaint. Orinda Academy hired Plaintiff Mitchell Goldman as a full‐time math teacher in January 1988 in the middle of the school‐year. He signed four written teacher agreements in the first few school years he taught at Orinda Academy. That practice ceased ...

Excerpt: ...Does that mean that every promotion likewise results in a new employment? That the County may or must go back and pay Kensok for his unused vacation as of the date he first entered upper management in 2012 and pay him for those hours at the lower rate he was earning then rather than at the presumably higher rate in 2018? While the County's apparent policy of paying unused vacation at an employee's final rate causes what Kensok perceives to be a h...

Excerpt: ...4, constitute “new law” within the meaning of CCP § 1008. (See Scott Co. v. United States Fidelity & Guaranty Ins. Co. (2003) 107 Cal.App.4th 197, 205‐206, overruled on other grounds in Le Francois v. Goel (2005) 35 Cal.4th 1094, 1107.) Those cases do not change the analytical framework for deciding a Petition like this. Each case applied the framework established by Wood v. Superior Court (1985) 166 Cal.App.3d 1138, 1148‐1150, overruled...

Excerpt: ...i restaurant in Concord, California under the name, “Naan N Curry,” in Concord, CA. See Declaration of Muhammed Akbar (“Akbar Decl., paragraphs 2, 3, 4) A year prior to the restaurant's opening, Atique Rehman (“Rehman”), Akbar's brother‐inlaw, incorporated Ariana. The purpose of the incorporation was to own and operate Naan “N” Curry, located at 2068 Salvio Street in Concord. Akbar is the President of Ariana Food. See Akbar Decl.,...

Excerpt: ...constitutional right of petition or the constitutional right of free speech in connection with a public issue or an issue of public interest.” The parties focus on whether the statements involved a matter of public interest. After the filing of this motion, the California Supreme Court added a second prong of analysis when determining if something is protected activity under (e)(4). In FilmOn.com Inc. v. DoubleVerify Inc. (2019) 7 Cal.5th 133 t...

Excerpt: ...ment or writing made in a place open to the public or a public forum in connection with an issue of public interest”. Plaintiffs are suing Sinclair for making allegedly disparaging and false statements about New U Life, its products and Goldstein. Plaintiffs' complaint focuses on statements about: (1) the side effects of the Plaintiffs' product, (2) that Goldstein stated no one with cancer should use the product, (3) that Goldstein stated woman...

Excerpt: ...TC's business due to the dissension amongst the parties and an appointment of a receiver is necessary to protect and preserve Plaintiff's property, the “Requested Information” (the books and records of CITC). Although Plaintiff disputes CITC's books and records are joint assets, the Court is “authorized to appoint a receiver ‘in an action . . . between partners or others jointly owning or interested in any property or fund . . . where it ...

Excerpt: ...1. There Is No Jurisdiction. A judgment was entered in favor of the individual defendants on May 15, 2019. The entry of this judgment deprived the Court of jurisdiction to hear any motion for reconsideration concerning the individual defendants. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 859, fn. 29 [“[a]fter entry of judgment, the superior court did not have jurisdiction to entertain or decide a motion for reconsideration”]; A...

Excerpt: ... negligence; (2) invasion of privacy; and (3) negligent infliction of emotional distress. For the following reasons, the Demurrer is overruled. Factual Background In March 2018, a journalist made a California Public Records Act request to the District for records regarding Plaintiff Timothy Farley, a recent, former president of the District's Governing Board. (Compl. at ¶ 6.) On April 2, 2018, the District disclosed some documents, including a P...

Excerpt: ...th respect to that issue only. See CCP Section 1281.4. There is no stay of the underlying action or Sekk Diane's Cross‐Complaint for any other claims other than the third cause of action for Declaratory Relief Re: Contractual Indemnity. SUMMARY OF RELEVANT FACTS On or about August 12, 2015, Sekk Diane entered into a Purchase and Sale Agreement (“Diane Purchase Agreement”) for the sale and purchase of the property located at 1760 Diane Court...

Excerpt: ...respect to that issue only. See CCP Section 1281.4. There is no stay of the underlying action or Sekk Virginia's Cross‐Complaint for claims other than those concerning contractual indemnity and declaratory relief. SUMMARY OF RELEVANT FACTS On or about December 2015, Cross‐ Defendant Sekk Investments Virginia, LLC (“Sekk Virginia”) purchased 1120 Virginia Lane in Concord, California from Ridgegate. See Declaration of Charlie Chou (“Chou ...

Excerpt: ...ntiffs have failed to plead specific facts to establish punitive damages. For the following reasons, the motion is denied. Background This is a wrongful death action rising from decedent Benjamin Curry drowning in his high school physical education class. Plaintiffs allege that Aaron Becker, the physical education teacher, failed to appropriately supervise students, including Benjamin, during and after a swimming exercise. (FAC, ¶ 2‐4.) Analys...

Excerpt: ...he same motion, Gonzalez CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/27/19 ‐ 3 ‐ also moves for summary judgment as to the Complaint in subrogation filed by Plaintiff Republic Electric West (“REW”), the employer of Plaintiff Mejia. The second motion is filed by the general contractor on the project, New American Group, Inc. (erroneously sued as New American Homes, Inc.) (“NAGI”) as to the Complaint...

Excerpt: ...��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).) Defendants move to strike the following from Plaintiffs' Amended Complaint: Item 1: Page 7; ¶¶ 40‐44, All mention of Intentional Emotional Distress; Item 2: Page 8, ¶¶ 45‐48, All mention of Negligent Emotional Distress: The Court grants the mot...

Excerpt: ...) This is without prejudice to any petitions or actions that may be filed in the future once any small wireless facilities are actually installed or receive permits to be installed or the Policy contemplated by Ordinance Number 488 is actually adopted. Petitioners are a former city council member and a former mayor of San Ramon. They seek a Writ of Mandate invalidating a Resolution that the City adopted on January 8, 2019, Resolution No. 2019‐0...

Excerpt: ...worked for the Defendant as an Independent Sales Representative within Northern California. (Compl. at 3:19‐22, Ex. A at 1.) Defendant Zaner‐Bloser is a publishing company that develops, publishes and distributes educational materials. (Compl. at 2:1‐2.) Defendant is an Ohio corporation with its headquarters in Columbus, Ohio. (Compl. Ex. A at 1.) Plaintiff and Defendant first entered an agreement in October 2017. (Compl. at 3:20.) This wri...

Excerpt: ...ted to a railway crossing for Plaintiff to cross the railway and access the other side of his land. BNSF is seeking summary adjudication of causes of action (1) quiet title, (2) declaratory relief, (3) specific performance and (4) breach of contract. BNSF's motion does not address causes of action (5) trespass and (6) nuisance. Quiet Title (Cause of Action 1) Plaintiff alleges that BNSF was obligated to include a rail crossing and BNSF's removal ...

Excerpt: ...9 ‐ 2 ‐ 1. Background. This is a premises liability personal injury action arising out of an incident that occurred on November 15, 2013, when plaintiff's shoe became lodged in a hole in the floor at the business premises of her employer, YP Holdings. At the time of the incident, the hole was covered by carpet and was not observable. (Undisputed Material Fact (“UMF”) No. 10, 11, 12.) YP Holdings rents space at an office building in Concor...

Excerpt: ... arose out of the sexual molestation of minor Plaintiffs Bailee Burks and Peyton Burks by Leroy Perdue, their grandfather. Hon. Steven Austin held a settlement conference with the parties and a settlement was reached on December 19, 2018. The settlement entered into between the children, by and through their mother and Guardian Melissa Perdue, and Defendant Leroy Perdue on that date was a judicially supervised settlement, a settlement agreement w...

Excerpt: ...the hearsay rule applies or that Urroz is an appropriate witness to show that it applies. (See Evid. C. § 1271 and 1271 (c).) The court grants summary adjudication as to the Second Cause of Action, for Fraud, because plaintiff has not raised a triable issue of fact that the alleged misrepresentation after the auction sale caused her any damages. (See Undisputed Material Fact No. 8; Complaint, ¶ FR1.) Further, the court rules that the provision ...

Excerpt: ... 240 Cal.App.4th 246, 255‐256 (facts); Gilberd v. AC Transit (1995) 32 Cal.App.4th 1494, 1500 (that losing party believed court misapplied the law was not new law); cf. State of California v. Superior Court (2016) (new appellate decision issued five months after original order qualified as new law). Whatever legislative history plaintiff purports to have found, she could have found and presented it on defendant's original motion. It constitutes...

Excerpt: ...s to the Second Cause of Action as to the City only. Leave to amend is granted because, while this is plaintiffs' Third Amended Complaint, these defendants were not added to the case until plaintiffs filed their First Amended Complaint. Further, the court has only ruled on the legal sufficiency of plaintiffs' allegations once, on the demurer to that version of the complaint. The Second Amended Complaint was superseded by the TAC before the court ...

Excerpt: ...tiff agreed to provide the residential property located at 30 Rio Vista in Orinda to Defendant and Defendant agreed to make monthly payments. Defendant allegedly breached the agreement by failing to pay rent for the period of July 23, 2018 through September 10, 2018. Plaintiff also alleges Defendant sawed down a medium‐sized oak tree located in the side yard, removed a light fixture from the bedroom, failed to maintain the yard, and dumped 60�...

Excerpt: ...e of Action. The first cause of action is for breach of fiduciary duty. Successful pleading of such a cause of action requires facts establishing that (1) defendants owed plaintiffs a fiduciary duty, (2) said duty was breached, and (3) the defendant's actions damaged the plaintiff. (Wolf v. Superior Court (1992) 107 Cal.App.4th 25.) A fiduciary relationship is any relation existing between parties to a transaction wherein one of the parties is du...

Excerpt: ...resent duty of defense against plaintiffs' lawsuit. (See CCP § 437c (c); Disputed Material Fact Nos. 1, 2; Additional Material Fact Nos. 12, 14, 15, 17, 18, 19, 20, 23, 24, 26, 29, 30, 31, 32, 34.) 1. Background. On March 1, 2016, Ana Gonzalez was injured when she was struck by a car while eating lunch at a table on the common area sidewalk outside of Mariachi's restaurant in Walnut Creek in the Countrywood Shopping Center. Gonzalez had purchase...