Excerpt: ...the time of the alleged wrongful conduct. The MJoP next contends that the CLRA claim fails because the relevant product is an intangible financial product, and so the CLRA does not apply. Finally, the MJoP says that the 17200 claim fails because no actionable conduct has been alleged. Williams opposes each of these contentions. Before addressing the merits of the MJoP, the Court first rules on the request for judicial notice that is before it in ...

Excerpt: ...t aside the default, which was rejected by the Court. (Chan decl. ¶5.) Later, Martinni Inc. dba Harmony Beauty Spa filed an answer. Plaintiff was then successful in striking that answer since Harmony Beauty Spa was in default at the time the answer was filed. Defendant has now filed a motion to set aside the default. This motion is somewhat unusual and requires a two‐step analysis on the default issue. First, the Court must decide if, under it...

Excerpt: ...action is dismissed in California in its entirety. Plaintiff's claims are subject to a mandatory, enforceable and reasonable forum selection clause, establishing the state and federal courts of the county of New York, state of New York as the jurisdiction for those claims. Request for Judicial Notice Both Plaintiff and Defendant's unopposed requests for Judicial Notice are granted. (Evid. Code §§ 452, 453.) Brief Background Facts and Procedural...

Excerpt: ...mine the scope of the relevant arbitration agreement and its applicability to this dispute. The parties do not dispute that an arbitration agreement exists between them, but in its opposition, Skyline contends that the arbitration agreement does not encompass the present dispute. The Court considers that the MTC presents two questions for resolution. First, must the Court decide if the present dispute between Skyline and Loy is within the ambit o...

Excerpt: ...e to join the trustee of the trust alleged in the FAC, as well as pursuant to Code of Civil Procedure § 430.10(e) for failure to allege facts sufficient to constitute a cause of action. For the following reasons, the Demurrer is sustained, without leave to amend. Legal Standard “The function of a demurrer is to test the sufficiency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420....

Excerpt: ...king hazard, and that Decedent then choked to death. (Comp. ¶14.) Defendant demurs to the second cause of action for elder abuse based upon neglect. Neglect is defined in the code as either “(1) The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.” Or “(2) The negligent failure of an elder or dependent adul...

Excerpt: ...sed in California in its entirety. Plaintiff's claims are subject to a mandatory, enforceable and reasonable forum selection clause, establishing the state and federal courts of the county of New York, state of New York as the jurisdiction for those claims. Request for Judicial Notice Both Plaintiff and Defendant's unopposed requests for Judicial Notice are granted. (Evid. Code §§ 452, 453.) Brief Background Facts and Procedural Posture Plainti...

Excerpt: ... B. Gilbert and Judy B. Gilbert Trust Dated January 28, 1999 ("Gilberts" or "Moving Parties"). In its September 30, 2021 tentative ruling, the Court requested supplemental briefing from the parties on certain issues. The Gilberts, East Bay Municipal Utility District ("EBMUD"), Nick Lawrence, Trustee of the 911 Trust, and Barbara Sorenson ("Lawrence/Sorenson"), and the Bennetts filed supplemental memoranda, and Defendants and Cross‐Complainants ...

Excerpt: ...488 (“Tech‐Bilt”). Background On August 22, 2019, while driving on Highway 80, plaintiff was rear ended by defendant Garcia, who was, in turn, rear ended by defendant Cilirino Llanto Angulo. It appears that defendant Angulo was working for Uber at the time. Plaintiff filed this negligence lawsuit on or about January 13, 2021 against Garcia, Angulo, and three corporate defendants. Plaintiff alleges she suffered wage loss, hospital and medica...

Excerpt: ...esides or resided in the apartment building located at 1760 Diane Court in Concord, bring this landlord‐tenant habitability case. The parties have reached an impasse in settlement negotiations. A dispute has arisen regarding the one‐sided attorney's fees provisions in the Mold Notification Addendum and Bedbug Addendum to the leases. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 10/21/21 ‐ 2 ‐ Plaintiffs fil...

Excerpt: ...st added this claim to her case through a motion for leave to file a Second Amended Complaint. In the ruling granting that motion, the court observed that this new count appeared to state a cause of action. The court did this because failure to state a cause of action was a ground that defendants claimed justified denying leave to amend. Plaintiff only filed the Third Amended Complaint because defendants demurred to the Second Amended Complaint a...

Excerpt: ...iv. Code § 2923.5; (2) violation of Civ. Code § 2924(a)(1); (3) violation of Civ. Code § 3273.15; (4) negligence; (5) wrongful foreclosure; (6) interpleader pursuant to Code Civ. Proc. § 386, Civ. Code §§ 2924j and 2924k; (7) unfair business practices (violation of Bus. & Prof. Code § 17200 et seq.); and (8) cancellation of written instruments (Civ. Code § 3412). Defendant demurs to Plaintiff's causes of action pursuant to Code of Civil P...

Excerpt: ...n, now deceased, and Valerie Mann, presumed to be his spouse though not stated, lived in a condominium unit next door to Michael Luecker's unit. (FAC ¶¶ 1, 5, and pp. 8‐9].) Plaintiff alleges that a water pipe supplying Mr. Luecker's shower inside a wall adjacent to the Manns' unit leaked and caused damage to the Manns' unit, including allegedly mold damage. (FAC ¶¶ 1, 2, 5, pp. 8‐9, 11‐12.) Robert J. Mann passed away before this action...

Excerpt: ...earing on the motion is continued to 9:00 a.m. on October 21, 2021 for supplemental briefing on the issues set forth below. Factual Background The matter before the Court involves three civil actions that have been consolidated for purposes of discovery and pre‐trial proceedings, including David Estopinal v. East Bay Municipal Utility District, et al., and related cross‐actions, Case No. MSC20‐01593 ("Estopinal Action") and Carl Bennett and...

Excerpt: ...plaintiff fell while exiting the San Pablo Library on August 15, 2018. (SAC, ¶ 10, 11.) The San Pablo Library is part of the county library system and is operated by the County. (¶ 8.) Plaintiff presented a claim to the San Pablo Library, care of the County, within six months of the date of her injury, on February 8, 2019. (¶ 19.) On June 7, 2019, the County sent a letter to the City demanding defense and indemnification for plaintiff's claim,...

Excerpt: ...udication are denied, and Kaur's motion for summary judgment and alternative motion for summary adjudication are denied. Background This action arises out of a sale by Kaur of the real property located at 1631 Surrey Court in Walnut Creek (the "Property"). WFG provided an owner's policy of title insurance to Noel and Beatrice Concepcion ("Buyers") in connection with the sale. After the sale closed, the Buyers made a claim against WFG on the owner...

Excerpt: ... 33 HEARING DATE: 09/16/21 ‐ 10 ‐ Estopinal v. East Bay Municipal Utility District, et al., and related cross‐actions, Case No. MSC20‐01593 ("Estopinal Action") and Carl Bennett and Dawn Bennett v. East Bay Municipal Utility District, et al., and related cross‐ actions, Case No. MSC20‐01714 ("Bennett Action") ("Consolidation Motions") filed by East Bay Municipal Utility District ("EMBUD") and by David Estopinal. A joinder in the Conso...

Excerpt: ...h grade at Anova, having been referred by the School District. Anova added physical restraints to their discipline of Plaintiff. On September 17, 2018, Plaintiff “eloped” from campus and was restrained in the parking lot by staff. Plaintiff was allegedly thrown down and landed on his back on top of a concrete parking median. Plaintiff suffered injuries to his neck, back, arms, wrists, hands, and fingers. A MRI on May 17, 2019, revealed a C4�...

Excerpt: ...rred is overruled as to the First Cause of Action for Contractual Indemnity and Third Cause of Action for Declaratory Relief. Cross‐Complainant shall file and serve the amended complaint on or before October 7, 2021. Background Plaintiffs Omega Electric Supply, LLC (“Buyer”), Coywolf Capital Partners, LLC, and Omega Pacific Electric Supply, Inc. (the “Company”) brought this action to hold Armanino LLP and its employee Gunther Hofmann re...

Excerpt: ...forth, the motion to compel arbitration by the Hassen Defendants joined in by the Ogando Defendants is granted, the clause of the third paragraph of the arbitration agreement stating "AND THEIR RIGHT TO CONDUCT DISCOVERY (EXCEPT AS THE ARBITRATOR MAY PERMIT)" is severed and stricken, and this action is stayed pending completion of the arbitration proceedings. Factual Background Plaintiff Larry Stidham, through his attorney in fact Mary Stidham‐...

Excerpt: ...09/21 ‐ 2 ‐ Background Defendant / cross‐complainant, Jennifer "Jenny" Ying Lin Lu, and plaintiff / crossdefendant, Michael Murphy, were engaged to be married. (FACC, ¶1.) In September 2017, parties were ending their engagement and accordingly, entered into an agreement. (Ibid.) The agreement is three pages long and is attached as Exhibit A to Murphy's verified complaint and as Exhibit 1 to Lu's original cross‐complaint (Exhibits C and B...

Excerpt: ...o request leave to amend she should appear at the hearing prepared to discuss in detail how she proposes to amend and how the proposed amendment will solve the problems. Background Plaintiff is the mother of the decedent, Steven Armstrong. She files suit for wrongful death against the CHP and others, following Armstrong's death while walking along Highway 4. The basis for the claim against the CHP is that its officers twice encountered Armstrong ...

Excerpt: ...portions of Plaintiff's First Amended Complaint are stricken: paragraph (f), page 15, ll. 14‐17 ("Punitive damages for Bay Area Property Services/Two Worlds Pleasant Hill Gregory Lane Owners' Association's breach of fiduciary duty, and failure to provide proper care, upkeep, replacement, and improvement, according to proof"). Factual Background The FAC alleges that Robert J. Mann, now deceased, lived in a condominium unit managed by the Propert...

Excerpt: ...o the requirements of Corporations Code § 17709.02. This section also provides, "Any member who does not meet these requirements may nevertheless be allowed in the discretion of the court to maintain the action on a preliminary showing to and determination by the court, by motion and after a hearing at which the court shall consider any evidence, by affidavit or testimony,” (Corp. Code § 17709.02.) Plaintiffs attempted to make the showing in ...

Excerpt: ...uction; (7) negligent design; (8) negligent property inspection; (9) breach of implied warranty; (10) violation of civil code § 2079; and (11) professional negligence. Only the eighth cause of action is alleged against Defendant FDRW. Defendant demurs to Plaintiff's cause of action for negligent property inspection pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on the grounds that FDRW did not owe Plaintiff a duty. For the followin...