Excerpt: ...l a final determination is reached in Nubia Alvarez, et al. v. SRG Operating, Inc. dba Coventry Place, San Francisco County Superior Court, Case No. CGC‐ 20‐583540, and Andrea Picos, et al., v. SRG Operating, Inc., Los Angeles County Superior Court, Case No. 20STCV2929, or until further order of the Court. Background In this wage and hour case, plaintiff was employed by SGO as a non‐exempt hourly caregiver from December 2017 to August 2019....

Excerpt: ...ign object in defendant Panda's food. Plaintiff complains in this second lawsuit about four subpoenas for medical records that defendants, which include Panda and its attorneys, issued in the original lawsuit. Plaintiff complains that these subpoenas, to various Kaiser facilities, violated his rights because they sought “all” his medical records. Plaintiff had treated at Kaiser since 1972, so the subpoenas covered 47 years of medical records....

Excerpt: ...In or about February 2016, Defendants hauled away her fencing material and other property from the yard and refused to return her property. She filed this conversion, theft by embezzlement, and violation of the Unruh Act. Meet and Confer (CCP §§ 430.41 and 435.5) Code of Civil Procedure § 430.41 provides: “Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who...

Excerpt: ...(also referred to herein as “defendant” or “GM”) shall file and serve its answer to the FAC on or before April 19, 2021. Factual Background Plaintiff, Steven Bang, alleges he purchased a new 2017 Chevrolet Silverado 1500 from an undefined “Seller” on or about April 30, 2017 for personal, family, and/or household purposes. (FAC, ¶¶4‐5.) He walked the dealership (Concord Chevrolet) in search of a vehicle, while assisted by a salespe...

Excerpt: ...sure sale, after the prior owner, David Downs, defaulted on a $1.5 million loan that Kessler had made to Downs. Under Downs, the Property was operated as a 7‐unit apartment building. About a month before he filed for bankruptcy protection on July 2, 2020 to stave off the foreclosure sale, Downs leased four of the units, Units C‐F, for three years to defendant Nehemiah Windham Foundation, Inc. (the “Foundation”). The Foundation has been a ...

Excerpt: ...rkway #3316, Richmond, CA 94806. (Complaint at ¶ 9.) Plaintiffs allege that Defendants failed to maintain the subject premises and that it suffered from mold/mildew, water damage from a heater malfunction, no/unsecured mailbox, dangerous and unmaintained carpet, and general dilapidation. (Id. at ¶ 11, 12.) Plaintiffs allege that the heater in the subject unit malfunctioned and flooded the whole unit, damaging personal property CONTRA COSTA SUPE...

Excerpt: ...paid by Defendants. Given the Court's ruling, it appears that it may take a few more years for Defendants to finish paying off the Settlement Agreement. The Order to Show Cause set for July 16, 2020 shall remain on calendar. At least five days before this hearing, Plaintiff shall file a document informing the Court of the expected date of Defendant's last payment. In February 2021, the Court requested supplemental briefing from the parties and pr...

Excerpt: ...NEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 03/18/21 ‐ 8 ‐ duty of maintenance and cure regarding Plaintiff's alleged injury to her right hip on June 3, 2016. For the reasons set forth, the motion is denied. Factual Background Plaintiff Reachell Armstrong asserts claims against the defendants arising out of injuries she contends she sustained while working on the vessel SLNC Goodwill (the "Vessel"). She alleges three causes of action based o...

Excerpt: ...l Order No. HO‐COVID 19‐37 (the County Order), which formally implemented, inter alia, a temporary prohibition on on‐site, outdoor dining at restaurants set forth in the State of California's December 3, 2020 “Regional Stay At Home Order” (the State Order) in response to rising cases of COVID‐19 infection. The County Order was implemented in advance of the triggering event set out in the State Order (less than 15% hospital intensive c...

Excerpt: ...e sustained without leave to amend, as to all causes of action. (Code Civ. Proc., § 430.10(e).) Defendants shall prepare a proposed judgment of dismissal, separate from any formal order on the demurrers, and shall submit that proposed judgment to plaintiff's counsel for approval as to form. The proposed judgment shall include a dismissal of defendant Attorney Lender Services, Inc. That defendant filed an uncontested declaration of non‐monetary...

Excerpt: ... construction company contracting with Chevron U.S.A., Inc. (“Chevron”) at Chevron's Richmond refinery. Roundtree was walking in the parking lot in the pre‐dawn hours when he was struck by a vehicle being driven by Ring. At the time, Ring was also working for the same construction company. While some of plaintiff's damages are being covered by workers compensation, plaintiff also sued Ring and Chevron for negligence. In this Motion, Ring as...

Excerpt: ...nt's Motion for Judgment on the Pleadings with leave to amend. The First Amended Complaint alleges that on May 3, 2018, Plaintiff was stopped for a pedestrian in Menlo Park, on the campus of Facebook, Inc. He was struck in the rear by a Dodge van driven by Defendant Habash, who failed to stop for the stop sign. Plaintiff alleges the Dodge van had been provided to Habash by Defendant Enterprise Rent‐A ‐Car to use as a rideshare vehicle, pursua...

Excerpt: ...ARING DATE: 03/11/21 ‐ 13 ‐ below. None of plaintiffs' claims against the remaining defendants, and none of the remaining defendants' claims against any party, are stayed. Plaintiffs assert three arguments in opposition to the Gilbert defendants' motion to compel. The Court finds that each of these three arguments lacks merit. A. Plaintiffs' Fraud Allegations. Plaintiffs first argue that the subject purchase agreement was induced by fraudulen...

Excerpt: ...treme Fitness executed a Promissory Note in the original principal amount of $50,000.00 in favor of Plaintiff. On May 11, 2006 Defendant Prince Land executed a Promissory Note in favor of Plaintiff in the amount of $1,025,000.00. Defendant Cardi M. Prinzi was a Guarantor on the Notes. Defendants failed to make payments on the Notes when due. Plaintiff alleges breaches of Commercial Guaranties by multiple parties, including the Guaranty executed b...

Excerpt: ...ndered to Defendant. Defendant failed to pay. Plaintiff filed this action. Defendant's agent for service of process is Mandeep Singh, president and CEO of Royal Intermodal, Inc. Substitute service was made on May 29, 2020 at the UPS store located at 1511 Sycamore Avenue, #M281 in Hercules. According to the Articles of Incorporation and Statement of Information filed with the Secretary of State, Defendant's corporate address and CONTRA COSTA SUPER...

Excerpt: ...ase No. MSC18‐01698 with Case No. MSC16‐01608 for all purposes, and denies the motion in all other respects. After consolidation of Case No. MSC18‐01698 with Case No. MSC16‐ 01608, all future filings in Case No. MSC18‐01698 shall be made in the low‐numbered case Salehomoum v. Bahrami‐Daghigh etc. (MSC16‐01608). Factual Background Mojdeh Salehomoum has moved to consolidate for all purposes three actions pending in the Contra Costa ...

Excerpt: ...) for negligence (medical malpractice) and loss of consortium arising out of his treatment for cauda equina syndrome at John Muir Medical Center, Walnut Creek and by various physicians in September 2015. Plaintiffs allege that undue delay in diagnosing and treating this syndrome resulted in ongoing significant neurologic effects, including pain and numbness in his lower extremities, incontinence, and loss of normal urinary and other functions. Dr...

Excerpt: ...Nyabenga CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 03/04/21 ‐ 27 ‐ LLC and Nyabenga Holding Company LLC) and cause of action six. Plaintiffs shall file and sever their second amended complaint by March 18, 2021. The Plaintiffs each own a TheHomeMag franchise and are in the business of preparing magazines that advertise services marketed towards homeowners. Defendant worked for the Plaintiffs from 2008 until...

Excerpt: ...whether the relevant contract is written, oral, or implied by conduct. Legal Standards It is well settled that a demurrer admits all properly pleaded material facts, but not legal or factual conclusions or contentions of law. (City of Dinuba v. County of Tulare (2007) 41 Cal.4th 859, 865.) The Court also may consider matters of which the Court may take judicial notice. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) If the properly pleaded facts sup...

Excerpt: ...y prohibition on on‐site, outdoor dining at restaurants set forth in the State of CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 03/04/21 ‐ 39 ‐ California's December 3, 2020 “Regional Stay At Home Order” (the State Order) in response to rising cases of COVID‐19 infection. The County Order was implemented in advance of the triggering event set out in the State Order (less than 15% hospital intensive care...

Excerpt: ... status, and plaintiff has not filed an objection to that declaration; accordingly, The Mortgage Law Firm is now only a nominal party, and the question of which causes of action are asserted against it is moot. (See Civ. Code, § 2924l.) Further, plaintiff's complaint is reasonably clear that plaintiff intended to assert all causes of action against both defendants. B. The General Demurrer. B‐1. The First And Fifth Causes of Action. CONTRA COST...

Excerpt: ...set forth below. The original of the First Amended Complaint, as so amended, shall be filed and served on or before March 4, 2021. The basis for this ruling is as follows. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 02/25/21 ‐ 3 ‐ A. Punitive Damages. On July 12, 2018, the Court struck the claim for punitive damages in plaintiff's original Complaint. The Court ruled as follows: The motion to strike plaintiff'...

Excerpt: ...ga, which the town rejected. This lawsuit followed. Standards for Ruling on Demurrer In ruling on the demurrer, the Court must accept as true all well‐pled factual allegations of the complaint, but not legal or factual conclusions or contentions of law. (City of Dinuba v. County of Tulare (2007) 41 Cal.4th 859, 865; Carloss v. County of Alameda (2015) 242 Cal.App.4th 116, 123 [citing Blank v. Kirwan (1985) 39 Cal.3d 311, 318].) In determining w...

Excerpt: ...reassert a demand for punitive damages if Plaintiff can demonstrate he can allege facts sufficient to support such relief under Civil Code § 3294. Paragraph 3 of the prayer for relief at page 8, line 19 of the FAC, which states "3. For punitive and exemplary damages as may be just and proper," is hereby stricken. FAC Allegations Relevant to Motion Plaintiff alleges he purchased a ladder from defendants which defendants designed, manufactured, an...

Excerpt: ... the three plaintiffs and used by another to mine sand from the bottom of the San Francisco Bay for sale to a third, related company. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 02/11/21 ‐ 2 ‐ Resolution of the cross‐motions turns on the question whether the sand is considered “freight” under a constitutional exemption from property taxes for vessels “engaged in the transportation of freight” when t...

Excerpt: ...‐bedroom ground‐floor apartment. On the morning of November 19, 2015, a neighbor saw Plaintiff Noe Silva outside trying to access his apartment via a window and called the San Pablo Police Department to report a possible break‐in. SPPD dispatched officers. At least six officers responded. The officers called out a canine announcement in English. Plaintiff Noe Silva did not respond. Plaintiff was in a locked bedroom. The officers opened the ...

Excerpt: ...must file a regularly noticed motion and serve it on all Defendants. The Court will issue a new tentative ruling the court day before the next hearing date. The Court does not expect to change its tentative on issues not covered by the supplemental briefing. The parties need not request argument on the tentative ruling below and instead will be given the opportunity to address any arguments to the tentative at the March hearing. A new tentative r...

Excerpt: ...ane Azze entered into a lease for commercial located at property at 134 East 10th St. in Pittsburg. Plaintiff's lease was for five years, but Plaintiff did not give written notice to renew the lease. The lease contained a right of first refusal provision, allowing Plaintiff the right to purchase the property if the Wongs ever sought to sell it. On or about November 13, 2017, the Wongs and Plaintiff entered into a sales agreement under which Plain...

Excerpt: ... cause of action (conversion) ‐ denied as moot; (2) as to the sixth cause of action (breach of contract) ‐ granted as to defendant Central East Bay IPA Medical Group, Inc. dba Muir Medical Group IPA (the "IPA"), and denied as moot as to defendants Steven M. Kaplan, MD, Kenneth Bowers, MD, William Hoddick, MD, Julia Hohman, MD, Bimal Patel, MD, and Ute Burness (the "Individual Defendants"); (3) as to the seventh cause of action (breach of the ...

Excerpt: ...'s theory of “negligence per se” is based on Government Code section 815.6. Government Code section 815.6 provides a negligence per se type presumption where “a public entity is under a mandatory duty imposed by an enactment that is designed to protect against the risk of a particular kind of injury.” This presumption can be rebutted if “the public entity establishes that it exercised reasonable diligence to discharge the duty.” (Gov....

Excerpt: ... Place in San Ramon. Plaintiff's property is downslope from Defendants' property. Plaintiffs allege Defendants failed to maintain the Water Drainage Improvements or filled the drainage with mud, rocks, branches, and other debris. As a result, during and after storms, surface water has run off the El Nido property on to Plaintiff's property, flooding it. Motion Plaintiffs demand punitive damages for the claim of Trespass and Nuisance (2nd and 3rd ...

Excerpt: ...§ 187. This includes the power to amend a judgment to add judgment debtors who are alter egos of a corporate defendant. Greenspan v. LADT, LLC (2010) 191 Cal.App.4th 486, 508. However, “[t]he standards for the application of alter ego principles are high, and the imposition of [alter ego] liability ... is to be exercised reluctantly and cautiously.” Sonora Diamond Corp. v. Superior Court (2000) 83 Cal. App. 4th 523, 539. Three factors determ...

Excerpt: ...ttlement communication. In a concurrently published tentative ruling, the Court has tentatively ruled that the subject e‐mail is indeed inadmissible under Evidence Code sections 1152 and 1154. The opposition Before the Court reaches the merits of the 128.7 motion, the Court notes several preliminary matters. First, it appears that the attorney who was responsible for filing the MSA no longer represents Spalasso. As discussed further below, the ...

Excerpt: ...IR Investment Corporation (“EBSIR”) and Plaintiff Attarha Investment Corporation (“Attarha”) (collectively, “Plaintiffs”) Complaint. Plaintiffs' Complaint alleges causes of action for (1) fraud, (2) negligent misrepresentation, (3) unfair competition, and (4) RICO. For the following reasons, the Demurrer is sustained, with leave to amend. Standard “The function of a demurrer is to test the sufficiency of the complaint as a matter of...

Excerpt: ...ses of Action. Introductory Notes The court notes that the copy of respondent's Opening Brief in the court's file is poor, with dark streaks on it indicative of a toner or printer problem. The court cannot make out all the words. Respondent will want to remedy this problem before it files additional papers in this case. The court also notes that petitioner's Opposition appears to be longer than the 15 pages allowed under California Rule of Court ...

Excerpt: ...) declaratory relief; (3) cancellation of instruments; and (4) to set aside trustee's sale. Defendant Tobias Kahan brings this MJOP to the remaining causes of action to set aside trustee's sale and for declaratory relief, having previously demurred successfully to Plaintiff's cause of action for wrongful foreclosure. For the following reasons the Defendant's MJOP is granted, without leave to amend. Request for Judicial Notice Defendant's unoppose...

Excerpt: ...cause they are all based on defendant Global's post‐litigation activity, which is privileged: (2) plaintiffs delayed unreasonably in moving to amend; (3) permitting the amendment will prejudice defendants; and (4) each new claim fails to state a cause of action. None of these arguments is persuasive. Not all post‐lawsuit activity by an insurer is privileged. (See White v. Western Title Ins. Co. (1985 ) 40 Cal.3d 870, 885‐886 (holding that a...

Excerpt: ...meet and confer process. The Court has reviewed the Melton Declaration. It details a more or less successful meet and confer related to the original complaint; that is, Defendants raised issues with Bao's pleading, and after receiving and (presumably) reviewing written support for Defendants' objections, Bao filed the currently operative 1AC. Subsequently, Defendants again took issue with the complaint. Apparently, counsel for Defendants called c...

Excerpt: ...wers on or before February 14, 2021. If plaintiff files a Fourth Amended Complaint in response to the ruling in the next paragraph, Dr. Wei need not file his Answer then. His date to do so will be set in the order on any demurrer he may file to the amended First Cause of Action in such Fourth Amended Complaint. If a Fourth Amended Complaint is filed, John Muir need not file an Answer to it. Because that complaint will not be amended as to John Mu...

Excerpt: ... owner of a multifamily residential property located at 401 Laurel Avenue in Pinole, Assessor's Parcel Number 40‐094‐ 017‐1. Since 2016‐ 2017 tax year, the tax bill has been in the name of M. Michael Partow, TRE [presumably for “Trustee”]. Plaintiff received a letter, dated June 30, 2019, from the Contra Costa County Officer of Assessor, assessing the value of the property for tax purposes at $2,936,479.00. Plaintiff alleges the valua...

Excerpt: ...repared to address the following: 1. Procedural Pleading Defects: Both sides have objected to the form of the separate statements submitted by the other, and Defendants have objected to Plaintiffs' evidentiary objections. a. Defendants' amended separate statement filed on December 21, 2020 does not cure the non‐compliance with Rule 3.1350, which requires for a motion for summary adjudication that "the specific cause of action, affirmative defen...

Excerpt: ... Creek Road, including the graveled area immediately to the north of the pavement, including, but not limited to, placing or maintaining boulders, wooden posts, traffic cones, nails, vehicles, concrete chunks or blocks, or any other items south of defendant's fence, or the extension of the fence line if the fence extended west all the way to Bixler Road, to the center line of Kellogg Creek Road, all as shown in the photograph on the page three of...

Excerpt: ...ior Court (2003) 114 CA4th 475, 481. The procedure to be followed by the Court when performing this balancing is set forth in Williams v. Superior Court (2017) 3 Cal 5th 531. “The party asserting a privacy right must establish a legally protected privacy interest, an objectively reasonable expectation of privacy in the given circumstances, and a threatened intrusion that is serious. The party seeking information may raise in response whatever l...

Excerpt: ...ex parte application for a temporary restraining order and preliminary injunction in September 2020. The Court granted a temporary restraining order, issued an order to show cause as to why a preliminary injunction should not issue ('OSC"), and set a hearing on October 8, 2020 on the OSC. The Court denied Plaintiffs' request for a preliminary injunction after argument. (See October 8, 2020 Minute Order.) Plaintiffs have now filed a noticed motion...

Excerpt: ...laintiff Dennis Flores filed this complaint on March 5, 2020, on an approved Judicial Council form. Plaintiff alleges a sole cause of action for motor vehicle against Defendants Salem Habash and Enterprise Rent‐A‐Car of San Francisco. On information and belief, Plaintiff alleges the actions of defendants were negligent and the proximate cause of his injuries. The acts occurred on May 3, 2018 in Menlo Park, California. Plaintiff alleges Defend...

Excerpt: ...t for services, (3) promissory estoppel, (4) fraud, (5) recovery on payment bond, (6) breach of the covenant of good faith and fair dealing, (7) negligence, (8) violation of business and professions code § 17200, (9) unjust enrichment, (10) common count – money had and received, and includes a prayer for punitive damages. Defendants demur pursuant to § 430.10(e) on several grounds, including their threshold argument that the entire complaint ...

Excerpt: ...This matter involves a residential real estate transaction that closed on May 20, 2019. Reali, in representing the buyers, received a commission instead of respondents, Legacy Real Estate, broker of record William Aboumrad, and real estate agent Maribel Cribb (collectively “Legacy”), who had previously represented the buyers. Legacy brought a complaint against Reali with the California Association of Realtors on Monday, November 18, 2019, cla...

Excerpt: ...�School District”). At the outset, the Court notes that Code of Civil Procedure section 663 (grounds for vacation of judgment and entry of different judgment) does not appear to be the correct procedural vehicle for the relief sought by Plaintiffs. Instead, the motion is more properly considered a request to reconsider the Court's prior order on Defendant's demurrer pursuant to Code of Civil Procedure section 1008. As a consequence, the Court g...

Excerpt: ... judicial notice of the existence and contents of plaintiff's May 15, 2019 government claim, which the FAC states is, but in fact is not, attached to the FAC. (See FAC, ¶5.) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 12/03/20 ‐ 8 ‐ The Second Cause of Action alleges that plaintiff Wu was bullied and harassed while a student at Hercules Middle School and that this occurred because of her gender, race, and na...

Excerpt: ...d. (CCP § 430.10 (e).) Fanaieyan may amend to allege compliance, or grounds for excuse from compliance, with the government claims presentation requirement, to make clear whether EBMUD is being sued as an entirely new cross‐defendant or a “Joe” defendant, and to add factual allegations to its existing three causes of action. Any other amendments will require a noticed motion under CCP § 473 (a). All answers and amended complaints shall be...