Excerpt: ...0% tenancy‐in‐common interest in the subject real property. Defendants Gershon Luria and Irit Sanger, husband and wife, own the remaining undivided 50% tenancy‐in‐common interest in the property. Disputes have arisen as to the management of the Property and Plaintiffs sought to partition and sell the property. On November 28, 2017, the Court (Honorable Judge Edward Weil presiding) granted Plaintiffs' motion for summary adjudication for pa...

Excerpt: ...overruled. Paystack shall file and serve its Answer on or before April 5, 2021. The complaint alleges that Paystack hired Pareto on October 1, 2019 to provide negotiation coaching services because it was in discussions to sell itself to Stripe and wanted to obtain expert advice. (Complaint, ¶ 17, 18, 19.) Under the contract, Paystack was to pay Pareto $5,000 per month for its coaching services, plus 1% of the sales price if a sales contract was ...

Excerpt: ...cy and therefore the demurrer to the complaint is sustained with leave to amend. (This is the type of issue that counsel should have solved during the meet and confer process.) Defendant's other arguments that the complaint is uncertain are unpersuasive. Defendant demurs to the claim for fraudulent concealment on several different grounds. Defendant argues the fraudulent concealment claims fails because (1) it does not contain the level of detail...

Excerpt: ...een effectuated. On April 8, 2019, Prior Counsel for Plaintiff advised the court that a motion for publication for service was being prepared. The hearing was continued to August 20, 2019 and the court set it for an order to show cause why the case should not be dismissed for failure to serve the defendant and prosecute the case. On August 20, 2019, Prior Counsel advised the court that the “matter was out for service and Prior Counsel was in ta...

Excerpt: ...a court appointed referee sold the property. The Nelsons bought the property outright and John II received his share of the proceeds. Although the appeal was denied in 2020, final judgment has not yet been rendered. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 36 HEARING DATE: 03/01/21 ‐ 9 ‐ In the instant action (“2019 Action”), John Riley et al v. Shirley Nelson et al; John Riley (Father of John Riley II in the 2017 Acti...

Excerpt: ...led a number of additional documents with the court. On February 8 the Court received from Plaintiff two similar documents entitled: “Summary of Hearing 1‐11‐ 2021, email filed to Dept. 36 before hearing 1.11.21”; and “Summary of Hearing 2‐1‐2021, emails filed to Dept. 36 before hearing 2.1.21” This court notes that these documents do not accurately reflect the proceedings before the court. Plaintiff has filed multiple “proposed...

Excerpt: ... sessions was recommended. The second deep cleaning resulted in bleeding that lasted for several hours and at the third cleaning, Plaintiff refused service and requested a different dentist. In July 2019, Defendant referred Plaintiff to UCSF because, she alleges, “Western Dental realized that the treatment they had recommended was not the right treatment” for her symptoms. Plaintiff therefore seeks damages for the medical (dental) malpractice...

Excerpt: ...) – sustained, with leave to amend, but demurrers for uncertainty overruled. Factual Background Plaintiff Liberty Business Advisors of San Francisco, Inc. ("Liberty") is a licensed California real estate broker. It alleges the company was engaged by defendant Mr. Nguyen to sell his business pursuant to a written Representation Agreement dated June 20, 2019. Plaintiff alleges five causes of action in its complaint for breach of contract, breach ...

Excerpt: ...(See Goodman v. Kennedy (1976) 18 Cal.3d 335, 349.) Introduction Plaintiff, Tarrar Enterprises, sues its insurer, Associated Indemnity Corp. (“AIC”), for property damage and other losses caused by the Covid‐19 epidemic and/or resulting shelter in place orders. AIC demurs to the complaint, arguing that the pandemic and the orders have not caused “direct physical loss or physical damage,” which is a prerequisite to coverage. Plaintiff arg...

Excerpt: ...edural Grounds Code of Civil Procedure section 437c(f)(2) provides, in relevant part, “A motion for summary adjudication may be made by itself or as an alternative to a motion for summary judgment and shall proceed in all procedural respects as a motion for summary judgment.” (Emphasis added.) The Motion here purports to be made in the alternative, but requests both summary adjudication and summary judgment as to separate pleadings. Specifica...

Excerpt: ...der to show cause (“OSC”) on August 19, 2020. The OSC concerned defendant's unexcused failure to appear at the further case management conference on August 18, 2020. The OSC directed defendant to appear at a CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 36 HEARING DATE: 02/22/21 ‐ 9 ‐ hearing on September 22, 2020, and to file a written response to the OSC by September 15, 2020, five court days before the hearing. On Septem...

Excerpt: ...Photocopies of Exhibits $ 170.80 Other (“313 hours of my time @ $300. per hour”) $ 93,900.00 Plaintiff has filed a Motion to Strike all of the Costs and asked the Court to take Judicial Notice of Exhibits “A” through “G” (court filings in the Northern District of California) attached to the Plaintiff's Request for Judicial Notice in Support of Plaintiff's Motion to Strike Memorandum of Costs, filed with the Court on September 18, 2020...

Excerpt: ...Wilson (collectively “Defendants”) in December 2018. Defendants jointly initiated fee arbitration proceedings with the Bar Association of San Francisco (“BASF”) to dispute Plaintiff's fee lien totaling approximately $18,000. In June 2019, after multiple filings by Defendants (who were the “Plaintiffs” in the BASF proceeding), Defendant (Plaintiff – BASF) Wilson filed a notice that he had “never been a plaintiff” in the arbitrati...

Excerpt: ...1. Plaintiffs Shachar Hadar and Ester Koyler are husband and wife and own an undivided 50% tenancy‐in‐common interest in the subject real property. Defendants Gershon Luria and Irit Sanger, husband and wife, (hereafter “Defendants” or “Lurias”) own the remaining undivided 50% tenancy‐in‐common interest in the property. Disputes have arisen as to the management of the Property and Plaintiffs wish to partition and sell the property....

Excerpt: ... 2019, the BASF dismissed Defendants and ruled the Plaintiff could pursue state‐court breach of contract litigation against Defendants. Motion for Sanctions Plaintiff has moved for sanctions as to Defendant McCormack as well as dismissed Defendant Wilson pursuant to the Code of Civil Procedure section 128.5. Relief under section 128.5 is available as a remedy for bad faith actions or tactics that are frivolous or solely intended to cause delay....

Excerpt: ...n (another individual with the name “Ashraf Safi”) who sold Plaintiff her car which is the subject of the Complaint. Plaintiff has filed a response, attaching exhibits which include: 1) A fictional Business Name search on SF Auto Sales, which evidences the owner as “Safi Ashraf.” 2) An Occupational License Status Information (OLSI) search with the Department of Motor Vehicles which evidenced the owner of SF Auto Sales as “Safi Mohammad ...

Excerpt: ...he partition action, a court appointed referee sold the property. The Nelsons bought the property outright and John II received his share of the proceeds. The appeal was denied in 2020. In the instant action, John Riley et al v. Shirley Nelson et al; John Riley (son of Plaintiff in the First Action referenced above), and his siblings, Trisha and Danielle Riley (the “Rileys”) have CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 36...

Excerpt: ... 3.301(d)(9). Plaintiff filed his complaint on December 17, 2019 requesting declaratory and injunctive relief and specifically alleging that the Defendant Lake Alhambra Property Owners Association (hereafter “LAPOS”) had failed to comply with various rules and statutes governing its activities. On July 2, 2020, Plaintiff filed his first motion to compel the Defendants to provide discovery. The court (Honorable Charles Burch presiding) noted t...