Excerpt: ...AVID ALLEN should defendant KELSA GENTRY terminate the contract, as she did. The parties agreed to payment based on the time spent multiplied by the hourly rate of every person who worked on the case, and no more. (See Defendants' Compendium of Exhibits, Exhibit 7). Therefore, the court may find, as a matter of law, that plaintiff is entitled to this amount only. Although plaintiff suggests that its retainer agreement with GENTRY is void because ...

Excerpt: ...s overruled as to the second cause of action for interference with prospective economic advantage, third cause of action for interference with contract, fifth cause of action for unjust enrichment, and sixth cause of action for violation of the Unfair Competition Law. Plaintiffs have adequately alleged facts supporting the material elements of these causes of action. Defendants' demurrer to the eighth cause of action for violation of the Rosentha...

Excerpt: ...r a corporate employer, “the advance knowledge and conscious disregard, authorization, ratification or act of oppression, fraud, or malice must be on the part of an officer, director, or managing agent of the corporation. (Ibid.) A managing agent is not merely a supervisor with the ability to hire and fire employees, but must be in a position to “exercise substantial discretionary authority over decisions that ultimately determine corporate p...

Excerpt: ...and the filing of her cause of action, Defendant has established as a matter of law that the action as to Defendant ZHU is time‐barred. Under CCP §437c(p), the burden of proof shifts to plaintiff to establish there remains a triable issue of material fact. Plaintiff has not met this burden. Plaintiff contends that under the doctrine of equitable estoppel, defendant may not assert the one‐year statute of limitations defense of CCP §340.5 bec...

Excerpt: ...ve the joint venture, the court could not summarily adjudicate the second cause of action for money owed or the third cause of action for dissolution. Therefore, the court cannot grant summary judgment. As to the first cause of action for specific performance, the undisputed facts are that this oral agreement was not a joint venture agreement to share profits in a real estate transaction that may avoid the statute of frauds. Rather, it was an agr...

Excerpt: ...sed it in their home in California on a regular basis, and that this resulted in DOUGLAS STROBEL being exposed to the ingredients of the powder, allegedly to his detriment. Thus, plaintiffs have established that there is a sufficient connection between plaintiffs' claims and California for this court to find specific jurisdiction over COLGATE‐PALMOLIVE in this case. Evidence that the talcum powder contained asbestos is not necessary for determi...

Excerpt: ...records and radiology records are to be limited in scope to only those records relating to plaintiff's claimed injuries and conditions arising from the incident. According to plaintiff's interrogatory responses, these are injuries to plaintiff's cervical spine, which have resulted in neck pain and nerve pain, and which affects plaintiff's neck and spine, right arm, triceps, right hand and fingers, right shoulder blade, upper back, and right eye; ...

Excerpt: ...records and radiology records are to be limited in scope to only those records relating to plaintiff's claimed injuries and conditions arising from the incident. According to plaintiff's interrogatory responses, these are injuries to plaintiff's cervical spine, which have resulted in neck pain and nerve pain, and which affects plaintiff's neck and spine, right arm, triceps, right hand and fingers, right shoulder blade, upper back, and right eye; ...

Excerpt: ...d. The information set forth in the application for preliminary injunction is stale given these representations in open court. At that same hearing, the court expressed that Plaintiff's submissions were sufficient for a TRO but inadequate for a preliminary injunction due to the lack of supporting and corroborating evidence related to Plaintiff's claims. A restraining order to prohibit a non‐judicial foreclosure from proceeding is highly disfavo...

Excerpt: ...lege sufficient facts indicating how LIBERTY MUTUAL entered into an oral agreement with plaintiff and the terms of the alleged oral agreement are uncertain. Conclusory terms such as “scope of work,” “cost estimate,” and “not to exceed $450,000.00” are not sufficient. (For example, no scope of work allegedly prepared by LIBERTY MUTUAL is incorporated as an exhibit into the complaint.) The complaint also does not allege facts indicating...

Excerpt: ... the continued co‐ownership, management or operation of … Pacific Palisades” to a special master, who was authorized to “decide the disputed matter and direct the implementation of his decision.” (Decl. of Strauss, Exh. A, ¶ 1.11.)1 Somewhat in contradiction, the parties also agreed that a trustor could immediately apply to the family law court to seek removal of Ed Biggs as manager of the properties in trust upon a showing of “good ...

Excerpt: ... these representations in open court. A restraining order to prohibit a non‐judicial foreclosure from proceeding is highly disfavored, especially when the property is a commercial or investment property as in this case. (See, Jessen v. Keystone Sav & Loan Assn. (1983) 142 Cal.App.3d 454, 457‐458.) Evidence supports a finding that Plaintiff has defaulted on payments to her mortgage lender for the commercial properties in a manner that is not w...

Excerpt: ...itration award for inclusion of costs under C.C.P. §998 is denied. Any error of law made by the arbitrator in the course of binding arbitration concerning a C.C.P. §998 costs claim is not subject to correction by the court. (Heimlich v. Shivji (2019) 7 Cal.5th 350.) MERITAGE's motion for sanctions under CCP §128.7 is granted, as the court has been able to now confirm that this motion was timely served on Plaintiff's counsel consistent with the...

Excerpt: ... Enterprises (“BME”) originally set on June 11 and continued on the court's own motion to July 23; 2) Cross‐Defendant BME's motion for attorneys' fees set July 12; 3) Cross‐complainants Owen and Silvermark's motion (and amended motion) to strike and tax costs claimed by Cross‐defendant BME set July 23; 4) Plaintiff BME's motion to strike or tax costs of Defendants Owen and Silvermark set July 23; 5) Defendant Owen's motion for contractu...

Excerpt: ...y explaining why the objections are not meritorious or how the discovery request could be modified such that it is acceptable. The court reserves jurisdiction over sanctions to both parties due to the failure to meet and confer. Further, Plaintiff fails to separately state the motions which should be filed and scheduled separately rather than as an omnibus motion. In the future, the court may strike a combined discovery motion. Plaintiff's motion...

Excerpt: ...on is untimely in that it was filed more than five years after the Notice of Decision was issued and delivered to petitioner, which is well over the 60‐day time period set out in Government Code §13960(a)(1). The VICTIM COMPENSATION AND GOVERNMENT CLAIMS BOARD also filed the demurrer on the ground that the petitioner has not lodged the administrative record with the court. Although this may be a ground for a judgment against petitioner for fai...

Excerpt: ... engaged in assigned work at the time of his injury. (Complaint, p. “6”, ¶ GN‐1; Exh. C, p. “23”.) Inmates are entitled to workers' compensation benefits for injuries arising out of and in the course of assigned work and those benefits constitute the exclusive remedy for injuries sustained. (Lab. Code § 3370(a).) “Where the complaint affirmatively alleges facts indicating coverage by the workers' compensation laws, if it fails t...

Excerpt: ...crimination, the complaint does not allege sufficient facts indicating that plaintiff suffered from a disability or disorder, as that term is defined in Government Code §12926(j), or that she was discriminated against as a result of this disability. As to the first cause of action for retaliation in violation of the FEHA, the demurrer is sustained for failure to plead sufficient facts. The complaint does not allege facts indicating what conduct ...

Excerpt: ... of examinations and release of medical records as this matter proceeds to trial. Defendants' motion for severance was previously denied on January 22, 2019. Defendants have failed to show any new or different facts, circumstances, or law warranting reconsideration. (Code Civ. Proc. § 1008(a); Baldwin v. Home Sav. Of Am. (1997) 59 Cal.App.4th 1192, 1199; Garcia v. Hejmadi (1997) 58 Cal.App.4th 674, 689‐690.) ...

Excerpt: ...ep't of Transp. (2013) 220 Cal.App.4th 104.) It is undisputed that Defendant Fancher was recruited and hired to provide nursing services at a hospital in Martinez. Page 2 of 2 (Plaintiffs' Response to UMF, 1.) It is undisputed that Defendant Fancher's shift at the hospital had ended two hours prior to the accident, that Defendant Fancher went out to have dinner by herself after her shift, and that the accident occurred while Defendant Fancher was...

Excerpt: ... objection nor does the objection substantively have merit. (Brooks v. American Broadcasting Co. (1986) 179 Cal.App.3d 500, 509; Laabs v. City of Victorville (2008) 163 Cal.App.4th 1242, 1276). The “substantial importance” argument is only relevant to a later claim for recovery of fees and costs associated with proving true a RFA after its denial. The court finds that the most requests are not vague and ambiguous with the exception of RFAs 15...

Excerpt: ...benefits, records related to workers compensation claims and medical records. Given the nature of the scope of damages, it is appropriate for Defendants to seek records directly from Plaintiff's employer related to his physical capacity to perform his job. Defendants have adequately established good cause for in camera review of Plaintiff's personnel records to the extent that they might contain information relevant to his claim of personal injur...

Excerpt: ...8.5. Motion for Attorney's Fees Plaintiff's motion for attorney's fees, costs and expenses is granted in part. Plaintiff's billed hours generally appear reasonable and do not appear to be contested on a task‐based basis by Defendant. The court reduces the hours billed which includes 2 hours for the motion for sanctions. The hourly rates for Mr. Mikhov exceed typical rates for Solano County and are reduced to $500 per hour, which is consistent w...

Excerpt: ... to this court that a default judgment had previously been submitted to the court. At the subsequent dismissal hearing, no appearance was made by Plaintiff and the matter was thereafter dismissed without prejudice due to failure to prosecute. Unfortunately, while the court appreciates that counsel has a large collections practice, counsel and his law firm are inappropriately shifting the burden of managing their legal practice to this court. This...

Excerpt: ...s appreciated value. Unlike an agreement for an interest in property, such an agreement is not required to be in writing. (Dutton v. Interstate Investment Corporation (1941) 19 Cal.2d 65). The first amended complaint also states facts sufficient to constitute a cause of action for imposition of a constructive trust and a cause of action for imposition of a resulting trust in that it alleges facts indicating an underlying wrong upon which a constr...