Excerpt: ...Background The facts as alleged in the current 4AC have previously been recounted in the Court's ruling on DoorDash's demurrer and need not be repeated. In relevant part, the 4AC alleges that defendant Khawaja was a resident of the City of Vacaville, though her current whereabouts are unknown (4AC, ¶2), that Khawaja was “assigned work” by DoorDash despite her lack of fitness for such work (4AC, ¶33), and that Khawaja “regularly violates�...

Excerpt: ...tition Law (“UCL”), as stated in plaintiff's Fifth Amended Complaint, filed on June 28, 2021. Defendants' motion is granted without leave to amend. Defendant shall prepare a proposed judgment of dismissal, separate from any formal order on the motion, and shall submit that proposed judgment to plaintiff's counsel for approval as to form. A. The First Cause of Action. The First Cause of Action is for an alleged HBOR violation: recording a noti...

Excerpt: ...RC 3.1700(b)(3). Given this authority, the court considers the motion. 1. Filing fees Defendant seeks to tax $1,103.32 of the plaintiff's filing fees as unnecessary and unreasonable. The fees are all attributable to a motion to compel that plaintiff lost. Motion fees are recoverable under CCP 1033.5(a)(1) provided they are reasonable and necessary to the successful claim. See Quiles v. Parent (2018) 28 Cal.App.5th 1000, 1018. The court strikes th...

Excerpt: ...he former Human Resources Director of the City of Richmond where she worked for 15 years. (Def. Sep. Stmt. of Undisputed Material Facts ("DUMF") Nos. 1, 2; Pl. Resp. to DUMF Nos. 1, 2; Pl. Addl. Material Facts ("AMF") Nos 1, 2.) She alleges the conduct giving rise to the City's alleged retaliation began in June 2019 shortly after she reported to City Manager Carlos Martinez claims by two African American employees of racial discrimination by the ...

Excerpt: ...e arbitration. Plaintiff's objection 1 is overruled. (Hooked Media Group, Inc. v. Apple, Inc. (2020) 55 Cal.App.5th 323, 338.) Factual Background: Plaintiff Shelley Jenkins (“Plaintiff”) purchased a 2017 Infiniti QX80 (“Vehicle”) on March 31, 2017. At the time of purchase, Plaintiff signed a Retail Installment Sale Contract (“RISC”). The RISC contained an arbitration provision. Plaintiff signed the portion of the RISC specifically agr...

Excerpt: ...2021. The Complaint SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608‐1121 HEARING DATE: 10/12/2022 alleged six causes of action: (1) Unlawful Race Discrimination; (2) Unlawful Sex Harassment; (3) Failure to Maintain Environment Free From Harassment; (4) Unlawful Retaliation; (5) Unequal Pay/California Fair Pay Act; and (6) Negligent Supervision. At the time the Complaint was filed, Plaintiff was still emplo...

Excerpt: ...ter the hearing on the demurrer by defendant Khawaja on October 26, 2022. In the event that any amended complaint follows the Court's ruling on that demurrer, DoorDash shall be permitted to respond to the amended pleading as it sees fit. If the demurrer is overruled on October 26, 2022, DoorDash must file and serve its answer by November 7, 2022. I. Background On January 31 or February 1, 2021, plaintiff's vehicle was destroyed by defendants Tara...

Excerpt: ...ia Consumer Credit Reporting Agencies Act (“CCRAA”), Civ. Code § 1785, et seq. and the California Investigative Consumer Reporting Agencies Act (“ICRAA”), Civ. Code § 1786, et seq., on September 20, 2022. Plaintiff alleges that on September 14, 2020, he disputed a negative tradeline on his Experian credit report in the amount of $304, held under the collection agency Sequium Asset Solutions, Inc. (“Sequium”) on behalf of their clien...

Excerpt: ...bout August 30, 2010 Plaintiff Ishaq Shariff (“Plaintiff”) was hired by Defendant ERAC SF to work at their Concord, California location. On that date, as part of the hiring process, he was presented with a Mutual Arbitration Agreement (“Arbitration Agreement”). Plaintiff does not deny that he signed the Arbitration Agreement. (Declaration of Ishaq Shariff (“Shariff Decl.”) ¶2.) He does contend, however, that he was ‘forced' to sign...

Excerpt: ... and Sheriff Eviction is denied. Background Plaintiff Jet Airways of India, Inc. is a California corporation. Plaintiff was the owner of property commonly known as 10 Brewin Court in San Ramon. Plaintiff, acting through its corporate secretary, Minda De Santos, and with its counsel Richard Taguinod, agreed and entered into a real estate purchase agreement (“RPA”) on February 3, 2020, with Juanetta Stephens. On February 14, 2020, Juanetta Step...

Excerpt: ...ein as the "Driver" or "Barturen"), when that vehicle made a left turn from Moraga Way onto Coral Drive. That defendant and two others who were the owners of the vehicle defendant Barturen was driving, have settled with Plaintiff pursuant to a good faith settlement approved by the Court on April 11, 2022. Defendant Jane Sayre owns the property bordering the public right‐of‐way next to the bike lane just before the intersection where Plaintiff...

Excerpt: ...forth, the demurrer is overruled. Factual Background The FACC at issue in the demurrer alleges that the Menascos breached an agreement for the sale of a timeshare interest to Jerry Kilarr, now deceased. (FACC ¶¶ 15‐18 and Exhs. G and H.) The Menascos agreed to sell a timeshare interest in property in South Lake Tahoe (the "Timeshare") to Kilarr as part of a settlement of litigation that began in 2016 between the Menascos, on one hand, and Jer...

Excerpt: ...ns stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just. Plaintiff presented the declaration of Counsel George Holland which shows good cause exist for a continuance. However, the Opposition points out the Defendants' evidence in support of the motion fail to SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPART...

Excerpt: ...“SBA”), SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608‐1121 HEARING DATE: 09/21/2022 claim, the so‐called California ‘lemon law.' It concerns a 2018 Acura MDX, bearing VIN 5J8YD4H88JL002329 (the Subject Vehicle.”) On April 8, 2022, the Parties participated in a settlement conference wherein they came to initial terms for a full and complete settlement of the matter. On that date, the Parties, as...

Excerpt: ...� 6.) Defendant Edward Harris was employed by the Bank and was the private banker assigned to the Firm. (Pl. Undisputed Material Facts ("PUMF") No. 2; Def. Opp. to PUMF ("DOPUMF") No. 2.) The Firm's Complaint alleges six causes of action against the Bank arising out of a check in the amount of $177,500 the Firm received from a client and deposited into the IOLTA account at the Bank on March 9, 2020. (PUMF No. 4 [though the PUMF refers to a $177,5...

Excerpt: ... property (vacant land) commonly referred to as 523 Santa Fe Avenue, Richmond, or Assessor's Parcel No. 558‐184‐005, now owned by plaintiffs Greg and Jennifer Jerum (hereinafter “Jerum Property”). The Jerum property was once bounded by portions of Santa Fe Avenue and Bishop Avenue. (Separate Statement of Undisputed Material Facts, hereinafter “SSUMF,” Fact No. 7 and response.) In 1963, the City of Richmond passed an Order of Vacation ...

Excerpt: ...orandum on July 6, 2022, are overruled. This evidentiary ruling, however, is not dispositive of defendant's motion; the Court would have issued the same ruling if defendant's evidentiary objections had been sustained. A‐2. Defendant's Verified Answer. In paragraphs 15 and 20 of the Verified Amended Complaint, plaintiffs allege as follows: 15. Notwithstanding the apparent transfer of the real property in Contra Costa County leased to Plaintiff J...

Excerpt: ...ord shall prepare an appropriate form of judgment, separate from any order on the motion, for submission to the Court. Facts On or about June 30, 2015, landlord and tenant, Fitness International, LLC (“Fitness International” or “tenant”) entered into a commercial lease (“Lease”) for 5001 Lone Tree Way, Antioch, CA 94509 (the “Premises”). (SSUMF, Fact No. 1 and response.) The Lease has a term of 19 years, with the option to extend ...

Excerpt: ...as 119 Bunce Meadows Drive in Alamo. The Wickersham property shares a border property line with Defendants Chad and Kristin Kiltzes' property, located at 113 Bunce Meadows Drive in Alamo. The Kiltzes' predecessors planted non‐native coastal redwoods immediately adjacent to the common boundary. Some of the trees have grown to nearly 100 feet in height with branches overhanging on the Wickersham property. Plaintiffs allege the overhanging branche...

Excerpt: ...(collectively, “Respondent Companies”). Mr. Oura and Defendant Betty Dominici jointly formed a holding company called DOB Holdings. In 2015, Mr. Oura and Ms. Dominici jointly formed Olawa, LLC. Mr. Oura served as Chief Financial Officer and manager of A&A until November 2020, when he voluntarily removed himself. Thereafter, Defendant removed him as manager of the other LLCs. 0n November 17, 2021, Defendant Olawa, LLC's counsel informed Oura's...

Excerpt: ... Plaintiff and Jamison‐Pratt. Plaintiff Linton McNeal (“Plaintiff” or “McNeal”) objects to this Motion on several grounds. For the following reasons, the Motion is granted. Judicial Notice Defendant requests judicial notice of its verified answer to Plaintiff's Third amended Complaint; Counterclaim and Cross‐Claim in Interpleader filed on May 6, 2022 as well as Plaintiff's answer to Protective's Counterclaim and Cross‐Claim in Inter...

Excerpt: ... Perisin and Placido Martinez, Jr. collectively demur to the Third Amended Complaint (“TAC”) filed by plaintiff, Island Breeze Systems CA, LLC. They also move to strike portions of the TAC. As discussed below, the demurrer is sustained as to third and fifth causes of action, with leave to amend, and otherwise overruled. The unopposed motion to strike is granted for the reasons stated in the supporting memorandum of point and authorities. Any ...

Excerpt: ...nt's medical center. Plaintiff alleges that she fell because of a “hole” in the parking lot asphalt. Plaintiff alleges that she was discharged from the hospital at approximately 4:35am, and that it was dark out when she walked outside. Plaintiff alleges that she did not see the hole while traversing the parking lot. Plaintiff alleges two causes of action against Defendant: negligence and premises liability. SUPERIOR COURT OF CALIFORNIA, CONTR...

Excerpt: ...nfer Before filing a demurrer, the “demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the demurrer….” (California Code of Civil Procedure (“CCP”) §430.41(a) (emphasis added.) “The parties shall meet and confer at least five days before the date the responsive pleading is due.” (CCP §430.41(a)(2).) The meet and confer “shall” include a discussion of the lega...

Excerpt: ...by Defendants Willow Pass One, LLC (“Willow Pass”) and David Feng (“Defendants”). For the reasons set forth below, Plaintiff's Motions are granted. The parties are required to appear to discuss issues related to a continuance of the trial date. Procedural Background Plaintiff filed its original Complaint on February 7, 2019, alleging a single cause of action for breach of contract related to a lease it entered into with Defendant Willow P...