Excerpt: ...60 and 701.680. Moreover, the judgment was fully satisfied 2 months prior to the initiation of this litigation. CCP Section 685.080 only allows for an award of fees if the motion seeking fees is brought before the judgment is fully satisfied. ...

Excerpt: ...ele (collectively “Plaintiffs”) have sued the Bay Area Air Quality Management District (the “District”) and several individuals: Wayne Kino, Brian Binger, Bill Guy, Satnam Hundel, Rex Sanders, Jeffrey McKay and Jack Broadbent (collectively the “Individual Defendants”). Plaintiffs' First Amended Complaint (FAC) includes a single cause of action against all defendants for violations of Labor Code §1102.5 (all statutory references are t...

Excerpt: ...Plaintiff Lillian Morris (“Plaintiff” or “Morris”). The Complaint pleads causes of action for (1) violation of Civil Code § 2923.7; (2) violation of Civil Code § 2923.6; (3) violation of Civil Code § 2924(b); (4) negligence; (5) intentional misrepresentation; (6) negligent CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 01/18/18 ‐ 22 ‐ misrepresentation; (7) promissory estoppel; (8) to set aside truste...

Excerpt: ...d award the reasonable attorney fees to which the Fratuses are entitled under section 800, subdivision (a). The Court of Appeal did not instruct this Court to consider the applicability of any other statute. The Court of Appeal tasked this Court with two specific undertakings: (1) Determine the reasonable attorney fees under section 800, subdivision (a); and (2) Award the reasonable attorney fees under section 800, subdivision (a). The “section...

Excerpt: ...ilton Bruzzone was written or oral; she had not remedied her failure to satisfy the Statute of Frauds; and she has not remedied her failure to avoid the statute of limitations. Once the breach of contract claim has been dismissed, there is no legal theory to entitling Cross‐Complainant to a decree quieting title and declaratory relief; no basis for the trespass claim and injunctive relief; and no basis for reformation and novation where no enfo...

Excerpt: ...ow through damages.” The demurrer is sustained without leave to amend as to this plaintiff on the reformation cause of action. 1st Cause of Action—Reformation Plaintiff Patel has standing to bring this reformation action as signatory to the contract. A party seeking reformation must generally allege and show: (1) The true intention of the parties for the instrument [see Civ. Code § 3399; American Home Ins. Co. v. Travelers Indemnity Co. (1...

Excerpt: ...ople or entities employed plaintiff Singh. On page 5 of the opposition, Singh says that the Thekkeks owned all the entity defendants, and says their ownership “begs the question, who other than them had the right to control plaintiff's work or terminate his [employment] [sic]?” (Opp. 5:4‐6.) If that is true, then perhaps only the Thekkeks and Paksn, Inc. need to be named as defendants in this action. The demurrer does not question whether P...