Excerpt: ...lternative, but it makes no effort to address any individual causes of action apart from all the other ones.) Bigelow's motion for summary adjudication is granted as to plaintiff's causes of action 1 (negligence), 3 (respondeat superior), 4 (negligent hiring and supervision), 5 (negligence per se), and 10 (negligent infliction of emotional distress). It is denied as to plaintiff's cause of action 11 (UCL). Accordingly, the motion for summary judg...

Excerpt: ...nswer the surviving portions of the complaint will run from then. Background Plaintiff Pamela Marquez alleges that she purchased a new 2018 Nissan Pathfinder from an unidentified “Seller” (presumably a dealership) on or about January 13, 2019 for personal, family, and/or household purposes. (Complaint, ¶¶4‐5.) With the purchase, plaintiff received various warranties from defendant. (Complaint, ¶7.) On multiple occasions, plaintiff has ha...

Excerpt: ...ed by Manor Care Health Services – Walnut Creek and other defendants which have been dismissed without prejudice, other than the fictitiously named defendants Does 1‐100. The caption shown on Plaintiff's Opposition to this Motion is erroneous and should be corrected on future filings (it shows the caption as "Diane Vega vs. HCR ManorCare Inc.; HCR ManorCare Services, Inc.; Heartland Employment Services, LLC; ManorCare of Walnut Creek, CA, LLC...

Excerpt: ... is granted. DCSC should present a separate judgment. Background Winston Cervantes is a homeowner in the community of Diablo who filed a cross‐complaint to address property referred to for convenience as the Cut‐Through, a path crossing certain private property in Diablo that is used by bicyclists and others to cross from Alameda Diablo to Mt. Diablo Scenic Blvd. Cervantes subsequently filed a verified First Amended Cross‐Complaint (FACC) n...

Excerpt: ...ction was filed by Robert Tiernan and a number of other Diablo homeowners against the Diablo Community Services District (DCSD) and other property owners whose properties are located on Calle Arroyo, a street in the Diablo community. The main action has been resolved by an Amended Judgment entered September 24, 2019. That Amended Quiet Title Judgment quieted title to Calle Arroyo as a private road owned by the property owners. The Court also gran...

Excerpt: ...elects not to do so, GM's time to answer the surviving portions of the complaint will run from then. Facts This is a "lemon law" case involving a 2015 GMC Sierra 1500 truck manufactured by defendant GM. (Compl. ¶ 4.) Plaintiff alleges she purchased the vehicle new on January 23, 2015 for her personal, family or household purposes. (Compl. ¶ 5.) She alleges the vehicle was manufactured and distributed by GM for sale in California, and implicitly...

Excerpt: ...e hearing to identify specifically what allegations they propose to add; whether those allegations were included in their pre‐filing governmental claims; why they will be sufficient; and why they weren't alleged before now. Background Plaintiff Neff has owned real property located at 1060 Minnesota Ave. in the City of Brentwood for over 30 years. Neff alleges that throughout his ownership of the property, he has been subjected to harassment fro...

Excerpt: ...30/20 ‐ 20 ‐ Plaintiff Ramil Safin alleges he was misclassified as an exempt employee. He began working for Defendant Ravig, Inc. in or around January 3, 2017 as a Systems Engineer. Plaintiff alleges that he spent most of his time performing tasks related to the wiring of customers' systems, and that he did not exercise independent discretion in performing his duties. Plaintiff alleged made written complaints on March 6, 9, and 10, of 2020 re...

Excerpt: ...7c(t) and the Stipulation that the parties filed on June 4, 2020, because she concedes the amount of damages is still currently disputed. (See Department of Industrial Relations v. UI Video Stores, Inc. (1997) 55 Cal.App.4th 1084, 1097.) These cross‐motions were essentially invited by the court of appeal, and counsel have cooperated in bringing this dispute before the Court for ruling. Defendants (Sequoia, its Managing Member NSH Management of ...

Excerpt: ...tiff sues Mejia for defamation and false light based on statements allegedly made by Mejia. Plaintiff alleges that Mejia falsely published verbal and written statements that customers, employees and supervisors complained about plaintiff's poor performance and that plaintiff was terminated for poor performance. (Comp. ¶64.) Plaintiff alleges that defendants published these statements to their own employees and to third parties. (Comp. ¶65.) The...

Excerpt: ...tatements that Moeller has a mental illness, or exhibited behavior associated with such an illness, and statements that could be understood to charge that she is dishonest and does not properly run her facility, all of which would tend to injure plaintiffs in their business. Further, triable issues of fact exist concerning the context in which the statements were made, whether Pestana in fact made statements that could be understood to charge tha...

Excerpt: ...��, whatever that means. In the MSA, however, it is simply “Ericsson Inc.” The Court will stick with “plaintiff”. On March 1, 2012, plaintiff and Broken Arrow entered into a written master services agreement contract (MSA), with Broken Arrow identified as “Contractor.” The MSA covered and governed Defendant's work performed on the City of Richmond's real property. On or about April 5, 2017, Defendant authorized to begin work at around...

Excerpt: ...st cause of action. So treated, the motion is granted with leave to amend. Plaintiff may file and serve a first amended complaint by November 6. If he elects not to do so, defendants will have already answered the existing complaint. This motion is brought on the sole ground of limitations. Its answer therefore hinges on the answer to a single question: which statute of limitations applies to the first cause of action? Is it the three‐year limi...

Excerpt: ...published an interview with plaintiff related to his career and his book. (Comp. ¶8.) From May to November 2019, defendant began making various statements about plaintiff on defendant's various Twitter accounts. (Comp. ¶¶10‐15.) Defendant owns several accounts on the “popular social media site Twitter”. (Comp. ¶7.) These statements generally claimed that plaintiff was promoting conspiracy theories. A couple of tweets made reference to p...

Excerpt: ..., however, Homeguard's own evidence undermines its own assertions. It therefore has not carried its burden to shift any burden to cross‐complainants to disprove Homeguard's factual defense. Background In October of 2014, plaintiff James Nikides entered into a written agreement to purchase real property located at 5401 Martis Court in El Sobrante. Plaintiff had engaged the services of Defendant/Cross‐Complainant Yamille Kosowan, a licensed rea...

Excerpt: ...n filed a complaint against her with the Financial Industry Regulatory Authority (FINRA) in 2018. Johnson claimed she was damaged in connection with Plaintiff Tarr's investment advice and management of Johnson's $320,000 investment portfolio. Tarr alleges Johnson made with her investments with Tarr through the broker‐dealer Royal Alliance Associates in 2007 and 2008, and continued her investment relationship with Tarr in 2010 when Tarr moved to...

Excerpt: ... COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 10/02/20 ‐ 8 ‐ Facts Alleged This action asserts claims for personal injury and property damage arising out of an alleged incident on March 20, 2019. They allege defendant Jeremy Perkins committed vandalism on their vehicles and other property and inflicted emotional distress when he “stalked” Mr. Harrison at his home and threatened to return with a gun. As to GFOS, p...

Excerpt: ...Procedure § 425.16(b)(1) provides: "A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on th...

Excerpt: ...gment as a matter of law. (Material Fact Nos. 2, 3, 4, 6, 9, and 10; Additional Fact Nos. 1, 3, 4, 6, 8, and 9.) Plaintiffs' Motion for Summary Adjudication as to Guo/Lin's Fifth Cause of Action, for Trespass, in Guo/Lin's Cross‐Complaint is moot because the Cross‐Complaint has been dismissed. Trespass and Nuisance To establish trespass, plaintiffs must prove an intentional, or at least a negligent, entry onto their property. (See CACI 2000, ...

Excerpt: ...on already asserted in the initial complaint. Defendant opposes the motion on the following grounds: the proposed 1st amended complaint fails to allege sufficient facts to state any cause of action against Gary Ross; the plaintiff only alleges that Mr. Ross is the spouse of Marilyn Ross, who is named as a defendant in this action; the proposal to add Gary Ross as a defendant is merely retaliatory in nature, because plaintiff's husband is a named ...

Excerpt: ...se to the action", that the papers show "there is no triable issue of material fact and that the moving party is entitled to judgment as a matter of law". (§ 437c(a)(1) and (c).) A plaintiff meets her burden on summary judgment if plaintiff "'has proved each element of the cause of action entitling' [her] to judgment on that cause of action." (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849.) A motion for summary adjudication under ...

Excerpt: ...ligence and premises liability. The Cross‐Complaint alleges causes of action for declaratory relief, complete indemnity, and equitable contribution. For the following reasons, the unopposed MSJ is granted. Standard Code of Civil Procedure § 437c(o)(1) and 437c(p)(2) provide the relevant legal standard for deciding the MSJ. Section 437c(o)(1) provides, in relevant part: A cause of action has no merit if one or more of the elements of the cause ...

Excerpt: ...G. Hayes and Hayes Insurance Agency, for defendants to serve as a Broker/Agent and provide plaintiff with insurance. (Corrected Second Amended Complaint (SAC), ¶10.) Defendants orally agreed to provide insurance brokerage services to procure various types of requested insurance at the lowest price for plaintiff. (SAC, ¶10.) Defendant Hayes would submit quotes for coverage identifying the types of coverage for each policy, its limits, and total ...

Excerpt: ...ll be scheduled by the clerk of the court for a hearing not more than 30 days after the service of the motion unless the docket conditions of the court require a later hearing.” Plaintiffs argue that Rivlin's motion is procedurally improper because it was not filed within the 60 day timeline, and a hearing on the motion was not set within 30 days. This motion was not filed until June 9, 2020 and the hearing was set for September 11, 2020. Plain...

Excerpt: ...ral‐question jurisdiction. After defendant moved for summary judgment, however, the District Court issued a sua sponte order remanding the case back to this Court, holding that no valid federal cause of action existed because the sole federal statute that plaintiff purported to sue on, IDEA, does not create a private cause of action for damages. Defendant contends that in light of this ruling, it was incumbent on plaintiff to dismiss her IDEA c...