Excerpt: ...onvenience Disney Construction, Inc.'s work on the SMD1 Sewer Pump Station Project.” Notice at 2:1‐3. Defendant/Cross‐Complainant City of Lincoln (“the City” or “Lincoln”) opposes the MSA. For the following reasons the MSA is denied. Standard Pursuant to Code of Civil Procedure Section 437c(t), “a party may move for summary adjudication of a legal issue or claim for damages other than punitive damages that does not completely disp...

Excerpt: ...ellaAndrade (“SVA”) was the Controller of SBJLG from approximately August 2010 through January 2016. Cross‐Complainant alleges SVA's responsibilities included handling SBJLG's confidential and sensitive financial matters. SVA knew that SBJLG had placed confidence in SVA's integrity to handle certain financial matters, including review of employee's time cards. Cross‐ Complainant alleges SVA breached the duty by knowingly placing her own i...

Excerpt: ... in reality exist' and whether there would be ‘an inequitable result if the acts in question are treated as those of the corporation alone.' (Sonora Diamond Corp. v. Superior Court (2000) 83 Cal. App. 4th 523, at 538.) The courts consider numerous factors, including inadequate capitalization, commingling of funds and other assets of the two entities, the holding out by one entity that it is liable for the debts of the other, identical equitable...

Excerpt: ...SAC is sustained with leave to amend. The SAC has alleged eight causes of action against Omid: (1) breach of oral contract; (2) common count for money had and received; (3) accounting; (4) unjust enrichment; (5) conversion; (6) breach of the implied covenant of good faith and fair dealing; (7) fraud, and (8) breach of fiduciary duty. The CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 01/24/19 ‐ 3 ‐ SAC is based ...

Excerpt: ... hole on a public sidewalk in front of the Gesinee Defendants' business. She sued the Gesinee Defendants (and the City of Concord) for premises liability based upon negligence (count one), willful failure to warn, Civil Code §846 (count two) and dangerous condition of public property (count three). The Gesinee Defendants have brought a motion to strike arguing that counts two and three do not apply to them because there are no factual allegation...

Excerpt: ... registered process server for all of the attempts at personal service and for the substitute service on Defendant on December 21, 2009. Evidence Code Section 647 creates a presumption of valid service when the service is effectuated by a registered process server. See Rodriguez v. Cho (2015) 236 Cal.App.4th 742, 750. The process server also submitted a declaration, attesting to the mailing of an additional copy of the summons and complaint, as r...

Excerpt: ...uez/Glick settlement. Since there is no longer an opposition as to the good faith of Arriaga's settlement CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 01/17/19 ‐ 8 ‐ with Vazquez, the Court finds that that settlement is in good faith. In addition, the analysis below discussing Arriaga's settlement with Kidwell applies equally to Arriaga's settlement with Vazquez. The party claiming that a settlement is not in ...

Excerpt: ...de section 946.6 generally has the same meaning as under Code of Civil Procedure section 473. (Bettencourt v. Los Rios Community College Dist. (1986) 42 Cal. 3d 270, 275, fn. 5.) Under section 473, an attorney's sudden and unexpected illness may support a finding of excusable neglect. See Contreras v. Blue Cross of Cal. (1988) 199 Cal.App.3d 945, 951 (attorney broke her wrist).) Here the declaration of petitioner's attorney states that petitioner...

Excerpt: ...aintiff's purported reliance on the Exchange's alleged promise to preserve the vehicle are speculative. Plaintiff's alleged damages are what she would have received in her “hypothetical products liability lawsuit against the manufacturer of her vehicle.” (TAC, paragraph 39) Any damages in these circumstances would CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 01/17/19 ‐ 3 ‐ be “merely possible” and cont...

Excerpt: ... is still Omni, just in a different representative capacity. Moreover, the Trustee could have conducted the requested discovery in the AP but failed to do so. In reaching this decision the court has fully considered the factors in CCP § 2024.050, which are as follows: “(1) The necessity and the reasons for the discovery. (2) The diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reas...

Excerpt: ...her roof and then migrated into the interior, damaging the framing and her personal property. Pacific provided plaintiff a policy of insurance for the home. This dispute turns on whether the policy provides coverage for her losses. II. Motion for Summary Judgment Plaintiff's claims are for breach of contract and breach of the covenant of good faith and fair dealing. Pacific moves for summary judgment on the grounds that the undisputed evidence sh...

Excerpt: ...harged must be reasonable, as determined by the standard rates and hours charged to fee‐ paying clients. The Court finds that the hourly rates claimed by each of Plaintiffs' attorneys and paralegals are reasonable given their training and experience, as well as the customary rates charged in the Bay Area. The Court also finds that the hours claimed to have been spent in connection with this case are reasonable given the activities involved and ...

Excerpt: ...n, (2) trespass to chattels, and (3) intentional infliction of emotional distress. Defendants demur to the intentional infliction of emotional distress cause of action only, pursuant to Code of Civil Procedure § 430.10, subdivision (e) and on the grounds that Plaintiffs fail to state facts sufficient to constitute a cause of action for intentional infliction of emotional distress. For the following reasons, the Demurrer is overruled. Defendants ...

Excerpt: ...ound CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 01/03/19 ‐ 9 ‐ Plaintiff Badr Sanane Azze leased a commercial property at 134 East 10th St. in Pittsburg from defendants Tony and Yvonne Wong, which he operated as convenience store. His lease term was five years from 2010 to 2015. He could renew for five more years provided he gave written notice no later than 90 days before expiration. The lease also containe...

Excerpt: ...l file an amended complaint on or before February 7, 2019, addressing the matters agreed to CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 01/03/19 ‐ 3 ‐ during the meet‐and‐confer process. The basis for this ruling is as follows. A. Meet And Confer. The Court commends the parties on having reached agreement on several matters that might otherwise have been the subject of the demurrer. (See, Lowry Dec., ¶ 3...

Excerpt: ...Todd G. Lewis, and Claudia Lewis, individually and in her capacity as executor of the Estate. The motion is denied as to Defendants Armanino, LLP and Gunter Hofmann. The civil action is stayed pending outcome of the arbitration, pursuant to Code of Civil Procedure § 1281.2(c). Background Plaintiffs filed this action for fraud, alleging Defendants coordinated a scheme to defraud Plaintiffs during the purchase of stocks of Omega Pacific Electric S...

Excerpt: ...and said motion will be dropped from the calendar. Plaintiff, Kenton Keading, files this action for legal malpractice against his former attorney. He is representing himself. Plaintiff alleges that defendant negligently represented him in a probate litigation over a relative's family trust by failing to oppose the appointment of a particular trustee, advising plaintiff not to offer anything meaningful in settlement, and failing to file a cross‐...

Excerpt: ...reliminary injunction should not be granted, enjoining the Trustee's Sale of the Subject Property. The OSC was originally set for May 10, 2018, then continued by the Court to July 12, 2018 so that it could be heard with Wells Fargo's demurrer to Plaintiffs Complaint. The hearing on that demurrer was vacated when Plaintiffs filed a First Amended Complaint and the hearing on the preliminary injunction was taken off calendar. At the hearing on the d...

Excerpt: ...The first iteration of the Motion was denied on procedural grounds for failure to comply with Code of Civil Procedure (“CCP”) section 473 and include proposed pleadings in the moving papers. The Motion was refiled on April 7, 2017. Again, the proposed pleading was not properly attached. On April 24, 2017, attorney for Yeyeclub filed a declaration and attached, finally, the proposed pleading—a “Motion to Quash Service.” (See Declaration ...

Excerpt: ...980) 104 Cal.App.3d 250, 252. The party asserting that the settlement was not made in good faith must demonstrate that the settlement is “so far out of the ballpark in relation to [the Tech‐ Bilt] factors as to be inconsistent with the equitable objectives of the statute.” Tech‐Bilt, Inc. v. Woodward‐Clyde & Assoc. (1985) 38 Cal.3d 488, 499‐500 (“Tech‐Bilt”). The criteria for the determination of a good faith settlement were ori...

Excerpt: ...at the moving party is entitled to a judgment as a matter of law.” Cal. Code Civ. Proc. § 437c(c). “[F]rom commencement to conclusion, the party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) The court shall consider all of the evidence set forth in the papers, ...

Excerpt: ...y Hill Limited Partnership (“Ivy Hill”). Ivy Hill was formed to own, operate, and eventually sell the Ivy Hill Apartments, located at 1700 Botelho Drive, in Walnut Creek, CA. The property contained 116 apartments, of which 68 were market rate units and 48 were below market rate units. The Class A limited partners held interests in the market rate units and the Class B in the below market units. The debts of the Class A units were to be alloca...

Excerpt: ...uling on the demurrer to the First Amended Complaint (“FAC”), but that were not included in the SAC, as set forth below. No additional papers may be filed in support of or in opposition to the demurrer. The Court notes that, given the inconsistencies that have already arisen in the three versions of plaintiff's pleading on file so far, the Court has grave concerns about the good faith of plaintiff's increasingly implausible legal theory. Plai...

Excerpt: ...ause of action for conversion and therefore the Court's summary of the allegations relates to those relevant to the libel claims. In 2014, Friends of Oakley received a permit to operate a low power FM Community service radio station, KLSN‐LP. Defendant Ponsano was appointed as the general manager of the station. (Comp. ¶10.) In November 2016, Ponsano asked Plaintiff to help him install a transmitter for the radio station. (Comp. ¶11.) The rad...

Excerpt: ...ainst John Muir on a theory of negligent hiring or negligent supervision. John Muir has failed to persuade the Court that there is good cause to stay discovery concerning those legal theories. However, the Court does not anticipate setting a trial date until the criminal proceeding is concluded and plaintiff has had an opportunity to conduct discovery as against Mr. Baca. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DAT...