Excerpt: ...or the clerk to enter a default judgment was rejected by the clerk due to certain technical errors. Defendant's motion to vacate the default is granted. Facts Plaintiff filed its complaint commencing this action on November 6, 2019. Plaintiff's claims include breach of contract and conversion for which Plaintiff seeks damages of over $2.4 million. Plaintiff attempted to serve Linx through its registered agent for service of process by serving the...

Excerpt: ...assignee of California's State Compensation Insurance Fund (SCIF). As the assignee for SCIF, Plaintiff filed a lawsuit against Cuzins for previously billed and unpaid premiums for workers unemployment insurance and employer's liability insurance. On April 18, 2019 the Defendant responded to the complaint with a General Denial. Plaintiff's Summary Adjudication Motion On September 24, 2019 Plaintiff filed a motion for Summary Adjudication. The cler...

Excerpt: ...chanics lien filed by Soligent pursuant to Civil Code section 8480(a). For the reasons stated below, the petition for release of the mechanics lien is granted and the defendant is granted reasonable attorney's fees pursuant to Civil Code section 8488(c). The court notes that under CC §8488(a) the lien claimant has the burden of proof as to the validity of the lien. Most of the relevant facts are undisputed. Soligent supplied “solar photovoltai...

Excerpt: ...acate the dismissal. The Plaintiff filed its complaint on August 21, 2019 claiming that it was owed contractual fees for legal services rendered to the Defendants. On September 4, 2019 the Defendants submitted an ex parte petition to dismiss the case on the basis that, at the time of filing the suit, the Plaintiff had failed to provide notice to the Defendants of a client's right to mandatory fee arbitration. This ex parte motion was granted on t...

Excerpt: ...hat opposition. Furthermore, the opposition includes a proof of service reflecting service by mail on Plaintiff. The Court of Appeal has held as follows: When an unlawful detainer proceeding and an unlimited action concerning title to the property are simultaneously pending, the trial court in which the unlimited action is pending may stay the unlawful detainer action until the issue of title is resolved in the unlimited action, or it may consoli...

Excerpt: ... amend. On cause of action two for gender discrimination, Defendant argues that Plaintiff did not file a DFEH complaint related to that claim and the time has now passed to file such a complaint. The filing of a DFEH complaint is a pre‐requisite to bringing a cause of action under the FEHA for a claim such as such as gender discrimination. Defendant asks this Court to take judicial notice of the complaint in this case. That request is denied as...

Excerpt: ...t, unlawful, or procedurally unfair.” More particularly, Plaintiff has not demonstrated a violation of his right to Due Process under the California Constitution. Petition for Writ of Mandate Petitioner is now proceeding on the Fourth Amended Petition for Writ of Mandate, pursuant to CCP § 1085. Petitioner Nowicki challenges the legal decision made by the Contra Costa County Employees Retirement Association Board (“CCCERA”), following a he...

Excerpt: ...Defendants also seek their allowable costs. Defendants assert they are entitled to an order determining that they are the parties prevailing on the “contract” for purposes of Civil Code Sections 1717 and 1947.11, Code of Civil Procedure 1021.5, and mutuality of remedies doctrines, and based on that finding entitled to an award of attorney's fees as an item of costs. In opposition, Plaintiff argues that because the gravamen of the FAC and evid...

Excerpt: ...cting that the process server may have incorrectly or falsely claimed to have served a “Mr. Estrada” at the residence 2521 Kelley Avenue, San Pablo on April 17, 2012 in lieu of personal service on the defendant. Defendant's submissions in support of his motion tend to show that he has been residing at an address in Sunnyvale, CA since at least 2012. However, documents in the file also show that the defendant was placed on notice of this case ...

Excerpt: ...to claim that the Defendant, an agency or component of the California Department of Justice (hereafter (DOJ) has declined to provide to him DNA information relating to his case and that he is entitled to that information under the California Public Records Act (CPRA). The defendant, a component of the DOJ has filed a motion for summary judgment because plaintiff has failed to allege specific facts showing that it (the agency) has the records and ...