Excerpt: ...ranted for the reasons stated below. Personal Jurisdiction California courts may exercise jurisdiction over nonresidents “on any basis not inconsistent with the Constitution of this state or of the United States.” (CCP § 410.10.) The exercise of personal jurisdiction over a nonresident defendant comports with the Constitutions of California and the United States “ ‘if the defendant has such minimum contacts with the state that the assert...

Excerpt: ...jurisdictional prerequisite to a claim‐relief petition. When the underlying application to file a late claim is filed more than one year after the accrual of the cause of action, the court is without jurisdiction to grant relief under Government Code section 946.6.” (Munoz v. State of California (1995) 33 Cal.App.4th 1767, 1779, internal citations omitted.) Accrual for this purpose is the same as accrual for purpose of the statute of limitati...

Excerpt: ... per se. The Court understands this to mean that Plaintiff dismisses the fourth cause of action as that cause of action appears to based solely on a negligence per se argument. Without the fourth cause of action, the Antioch Defendant is only sued in cause of action three. Therefore, this Court must decide whether summary judgment is appropriate based solely on cause of action three. Defendant argues that the assumption of risk defense applies. A...

Excerpt: ... per se. The Court understands this to mean that Plaintiff dismisses the fourth cause of action as that cause of action appears to based solely on a negligence per se argument. Without the fourth cause of action, the Antioch Defendant is only sued in cause of action three. Therefore, this Court must decide whether summary judgment is appropriate based solely on cause of action three. Defendant argues that the assumption of risk defense applies. A...

Excerpt: ...on 430.10, subdivision (f), and the complaint fails to plead the facts with particularity as required in causes of action involving fraud. Pleading Standard for Fraud Actions Fraud actions are subject to a stricter pleading standard and allegations of fraud must be pleaded with particularity. (Committee on Children's Television, Inc. v. General Foods Corp. (1983) 35 Cal. 3d 197, 216.) (disapproved on other grounds.) The legal conclusion of �...

Excerpt: ...nd obvious. Dangerous Condition To prevail on her dangerous condition cause of action, Government Code § 835, the relevant jury instruction, and prevailing authority require Grilho to prove each of the following: 1. That BART owned or controlled the property; 2. That the property was in a dangerous condition at the time of the incident; 3. That the dangerous condition created a reasonably foreseeable risk of the kind of injury that occurred; 4. ...

Excerpt: ... served as Levandowski's transactional attorney for roughly a decade and took part in many of the transactions that underlie Google's claims against Levandowski. Gardner filed a motion to quash the subpoena arguing that depositions of opposing counsel are presumptively invalid. The arbitration panel ultimately denied the motion. Standard of Review The Court first addresses the appropriate standard of review. Google contends that under Bak v. MCL ...

Excerpt: ...on Service (“Northern”). The motion is denied because a genuine issue of material fact exists regarding the amount Lyon owes on the policy. In relevant part, the policy agreement between SCIF and Lyon provides as follows: “E. The premium shown on the Declarations, schedules and endorsement is an estimate. The final premium will be determined after this policy ends by using the actual premium basis and the proper classifications, rates and r...

Excerpt: ...n Rodriguez was asked to address the following issue of statutory construction: whether Section 473(b)'s requirement that the “application for relief” be “in proper form” means verified discovery responses must be served with a motion for mandatory relief from a terminating sanction when that sanction was based on failure to respond to discovery. The Court answered, yes. An application for relief from a terminating discovery sanction is �...

Excerpt: ... by matters that can be judicially noticed. [Citations.] [Citation.]' [Citation.]” (Pointe San Diego Residential Community, L.P. v. Procopio, Cory, Hargreaves & Savitch, LLP (2011) 195 Cal.App.4th 265, 274.) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 03/01/18 ‐ 2 ‐ This action arises out of a motor vehicle accident that occurred on or about May 25, 2014. Plaintiff Andrew Mark Robinson was injured when his ...

Excerpt: ... alleges that defendant “negligently . . . continued to apply vacuum extraction (VE) . . . . after three failed attempts; continued to apply VE for more than 10 minutes; used forceps after multiple failed VE attempts; failed to follow protocol regarding the use of VE and use of forceps; failed to perform CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 03/01/18 ‐ 5 ‐ an episiotomy; failed to adequately monitor t...

Excerpt: ...d Parties”). The demurrer is opposed by cross‐complainant Cherokee Simeon Venture I, LLC (“CSV”). The requests for judicial notice are granted. The demurrer is overruled. The Cherokee Fund Parties shall file an answer on or before March 16, 2018. The Court finds that the two causes of action stated against the Cherokee Fund Parties are not barred by res judicata. (See, Wells Fargo Bank, N.A. v. Weinberg (2014) 227 Cal.App.4th 1, 7.) Also,...

Excerpt: ... District, after counsels met and conferred pursuant to CCP § 430.41, only the first cause of action for Dangerous Condition of Public Property is subject to the demurrer. Standard of Review The role of demurrer is to test the legal sufficiency of the allegations in the complaint. It raises issues of law, not fact. (Lewis v. Safeway, Inc. (2015) 235 CA4th 385, 388.) “In passing upon the sufficiency of a pleading, its allegations must be libera...

Excerpt: ...ovision in the Isadore contract did not apply to Constanza. In order to be entitled to an award of fees, the party claiming a right to such an award must “establish that the opposing party actually would have been entitled to receive them if he or she had been the prevailing party.” Leach v. Home Savings & Loan (1986) 185 Cal.App.3d 1295, 1307. See also Blickman Turkus, LP v. MF Downtown Sunnyvale, LLC. (2008) 162 Cal. App. 4th 858. ...

Excerpt: ...nguage. Further, the opposing parties have not demonstrated prejudice. Travelers filed and served a notice of lien almost 11 months ago, on March 30, 2017. The need to litigate or compromise this lien was obvious long before plaintiff and defendants entered into their settlement agreement. Also, the opposing parties do not explain why litigating the lien in a separate action would somehow be more efficient than litigating the lien in this action....

Excerpt: ... alternatively adjudication on April 28, 2017. As part of their motion, Defendants submitted two surveys that showed where the relevant easements were located. (See Humann Decl. and Chapman Decl., filed April 28, 2017.) Plaintiff filed his opposition to this motion on July 13, 2017. Plaintiff did not include a survey of the relevant easements, and instead explained that, “I have not yet obtained a survey as I was waiting to obtain the basic inf...

Excerpt: ...o a party's motion). CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 02/15/18 ‐ 2 ‐ Here, moving party fails to identify any new fact, law, or circumstance that would permit the Court to reconsider its prior orders. As a result, the Court is without jurisdiction to hear the Motion, and it is therefore denied. ...

Excerpt: ...2) violation of Civil Code § 2923.6: dual tracking; (3) wrongful foreclosure; (4) promissory estoppel; (5) promissory fraud; (6) intentional misrepresentation; (7) negligent misrepresentation; (8) negligence & negligence per se; (9) violations of Civil Code § 1788 et seq.: The Rosenthal Fair Debt Collection Practices Act; and (10) violations of Business & Professions Code § 17200, et seq.: Fraudulent, Unlawful, and Unfair Business Practices. D...

Excerpt: ...ted” between the parties. (Cmplt, paragraph 18) Defendant Orinda Academy contends that Plaintiff's employment was “at will,” since the employee handbook was changed in August 2015 and all employees so advised of the change to “at will” employment by the new employee handbook. (Cmplt, paragraph 10) An employee CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 02/15/18 ‐ 11 ‐ claiming employment is not “a...

Excerpt: ...Lincoln Prop. Co., N.C., Inc. v. Travelers Indem. Co. (2006) 137 Cal.App.4th 905, 916. Further, “it is an abuse of discretion to deny leave to amend where the opposing party was not misled or prejudiced by the amendment.” Kittredge Sports Co. v. Super. Ct. (1989) 213 Cal.App.3d 1045, 1048. The opposition argues that the proposed first amended cross‐complaint (“1ACC”) is a sham pleading. It generally avers that this is so because the 1AC...

Excerpt: ...ued discovery subpoenas that intrude into the protected private sphere of Plaintiff and her children. Specifically, the Motion seeks to quash subpoenas issued by Defendants on the Employment Development Department (“EDD”), the financial aid departments of UC Berkeley and CSU San Diego, Covered California, and California's Department of Health Care Services. For reasons explained below, the Motion is granted. Legal Standard Code of Civil Proce...

Excerpt: ...fendants' request for judicial notice is granted in part. The Court takes judicial notice of Exhibits “B” through “F”, documents on file in this action. The Court does not take judicial notice of Exhibit “A”, because the subject building permit is not dispositive of any cause of action. 1st and 2nd C/As (Fraud). The motion is granted without leave to amend as to the First and Second Causes of Action for fraud and deceit. Plaintiffs ha...

Excerpt: ...e claims alleged against Defendants are real property claims. The Court's ruling on the real property claim issue is included in this ruling for completeness. The Court continued the hearing to allow supplemental briefing on whether or not Plaintiffs have met their burden by showing its claims have probable validity. (See Code of Civil Procedure § 405.30, 405.32.) Code of Civil Procedure § 405.30 allows a property owner to file a motion to remo...

Excerpt: ...ice, and on any terms as may be proper, allow a party to amend any pleading… ” (CCP § 473(a)(1).) While judicial policy favors resolution of all disputed matters between the parties, the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 02/01/18 ‐ 2 ‐ court finds the public nuisance cause of action fails to state a cause of action as it is timebarred. “Ordinarily, the judge will not consider the validity of ...

Excerpt: ...d Omissions policy to insure itself for any liability arising out of the performance of processing and facilitating payroll taxes for its clients. (¶ 10.) Defendant Scottsdale issued Affordable a “Business and Management Indemnity Policy.” (¶ 12.) It issued a renewal policy on identical terms a year later, but the following year issued another “renewal” with a broader Endorsement 8 set of exclusions. (¶ 12‐15.) On May 10, 2013, the A...