Excerpt: ... to prevent discrimination; 5) failure to prevent retaliation; 6) wrongful termination in violation of public policy; 7) violation of Cal. Lab. Code (“LC”) § 6310; and 8) violation of LC § 1102.5. This matter is on calendar for Defendant's Motion for Summary Judgment, or in the Alternative, Summary Adjudication of each of the eight causes of action and the request for punitive damages. The Motion is DENIED as to the first cause of action fo...

Excerpt: ... maintaining specific required items of apparel and safety equipment. Plaintiff also alleges that she was injured while performing her regular job duties, which left her with an impairment and physical disability, and rather than being provided with reasonable accommodations for her medical condition and physical limitation, she was treated less favorably and discriminated against and ultimately fired. The Complaint contains causes of action for:...

Excerpt: ...Proc. (“CCP”) §§ 473(a)(1) and 576 to file the [Proposed] First Amended Complaint (“Proposed FAC”), which would add the selling dealership, The Nicest Guys Around, Inc. dba Autoworld (“Autoworld”) as a defendant and add causes of action against Autoworld for: violation of the Consumer Legal Remedies Act; violation of the Business and Professions Code; and breach of implied warranty of fitness. The Motion is GRANTED. The basis for th...

Excerpt: ...that HBOR does not apply to this loan or the foreclosure proceedings. HBOR applies only to mortgages and deeds of trust as described in Civil Code section 2924.15, which expressly states, with emphasis added, that these provisions “ … shall apply only to first lien mortgages or deeds of trust that are secured by owner-occupied residential real property containing no more than four dwelling units. For these purposes, “owner-occupied” means...

Excerpt: ...ed declaratory relief. This matter is on calendar for the motion by the National Grange for summary judgment, or in the alternative, summary adjudication of each cause of action pursuant to Cal. Code Civ. Proc. (“CCP”) § 437c, on the grounds that the undisputed facts establish that under California law, “all Grange property must remain with the Grange.” (The Complaint and the Motion use the terms “the Order” and “the Grange” to r...

Excerpt: ...l); 2) violation of Federal Fair Housing Laws; 3) violation of the California Fair Employment and Housing Act; 4) violation of the Unruh Civil Rights Act; 5) unfair business practices (based on discrimination and attempts to increase Plaintiff's rent in violation of Cal. Pen. Code § 396); and 6) negligence. This matter is on calendar for a motion by Plaintiff to consolidate this case with the later-filed unlawful detainer action brought against ...

Excerpt: ... cases in which Masterson is a plaintiff is granted. Per CCP § 391.1: “In any litigation pending in any court of this state, at any time until final judgment is entered, a defendant may move the court, upon notice and hearing, for an order requiring the plaintiff to furnish security or for an order dismissing the litigation pursuant to subdivision (b) of Section 391.3. The motion for an order requiring the plaintiff to furnish security shall b...

Excerpt: ...f claims since she filed her complaint. Her former supervisor, defendant Robert Millhouse, now demurs to the only remaining cause of action alleged against him: intentional infliction of emotional distress. As stated in Hughes v. Pair (2009) 46 Cal.4th 1035, 1050–1051: A cause of action for intentional infliction of emotional distress exists when there is “ ‘ “ ‘(1) extreme and outrageous conduct by the defendant with the intention of c...

Excerpt: ...ailure on the part of the County of Sonoma properly to perform and fulfill its responsibility for road condition, design, inspection, maintenance, and repair, and otherwise, was the direct and proximate cause of those conditions,” Plaintiffs did not assert a separate cause of action against the County at that time. On July 13, 2018, Plaintiffs filed a First Amended Complaint which added a cause of action for general “negligence” against the...

Excerpt: ...suant to Code of Civil Procedure sections 435 and 436 and seeks to strike Plaintiff's prayer for punitive damages in the FAC at 18:1-2 and 19:11-12. Plaintiff filed a late opposition to both the demurrer and motion to strike on May 20, 2019, which Defendant apparently did not receive before he filed his reply, on May 22, 2019. In the oppositions and supporting declarations, Plaintiff concedes that she has early onset Alzheimer's Disease and she h...

Excerpt: ...ration Agreement was a product of fraud in the execution or inception. Defendants note that there are no allegations that Plaintiff “did not know what he was signing” or “thought he was signing <004a005800480003005700 004f0044004c00510057[iff is claiming fraud in the inducement—that this should be determined by the arbitrator and not the court. Plaintiff does not contest that he signed the arbitration agreement in Defendants' office. Plai...

Excerpt: ...response has been filed, even though Petitioner served the petition almost one year ago. Code of Civil Procedure section 1290. Code of Civil Procedure section 1290.4(a), (b), and (c) set forth the requirements for serving the petition. They are: (a) in the manner provided in the arbitration agreement; (b) if service was made in this state, in the manner provided for service of the summons; or, (c) if the agreement did not specify, and defendant/r...

Excerpt: ...the pleading stage. Plaintiff Ravina is a settlement class member in Hugh, but she has opted out of the settlement class in Hugh. CCP §1048(a) provides: “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to av...

Excerpt: ...ondition of public property pursuant to Cal. Gov't Code (“GC”) §§ 830 and 835, and for loss of consortium. Although the second cause of action purports to be brought by both J. Alves and L. Alves, and the third cause of action for loss of consortium by L. Alves, L. Alvez dismissed all of her claims with prejudice per the Request for Dismissal filed and entered on November 16, 2018. Hereafter, “Plaintiff” shall refer to J. Alves. Additio...

Excerpt: ...h VI.J. of the BTA/Quail contract failed to express that Douglas Thornley was a party to that paragraph. Douglas Thornley would not have signed the contract had he known that he was not a party to the contract or to paragraph VI.J. of the BTA/Quail contract.” (See, Defendants' Motion at Ex. A; Defendants' RJN at Ex. 1.) Defendants bring this motion pursuant to Code of Civil Procedure sections 472, 473(a), and 576 and on the grounds that the all...

Excerpt: ...related to an alleged dangerous condition on public property. Defendant brings the motion pursuant to Code of Civil Procedure section 438(c)(1)(B)(ii) and contends that the FAC fails to show that (1) Plaintiff filed this litigation within the required six months from the date of <0051005700030052005a00 005100570044004c0051[ed, and controlled the bridge where the incident occurred. Thus, Defendant avers that Plaintiff's FAC fails to state facts su...

Excerpt: ...required by the California Labor Code (“LC”) and applicable wage orders because it calculated overtime based on employees' base hourly wages and did not take into account all applicable non-discretionary bonuses earned during the applicable pay period; non-discretionary bonuses paid during the applicable pay period should have been considered when determining the regular rate of pay and corresponding overtime wage. It further alleges meal and...

Excerpt: ...ient to constitute a cause of action. Specifically, Defendant contends that the FAC fails to allege the specific facts necessary to state a statutory cause <0003005600480046005700 0013000f0003[et seq. and fails to establish “gross negligence, neglect or reckless conduct” required by the Act. Additionally, Defendant moves to strike Plaintiff's prayer for punitive <0003000b00290024002600 0017000c000300520051[ the grounds that the FAC does not a...

Excerpt: ...with respect to settling the underlying personal injury are “absolutely privileged” under Civ. Code § 47(b). Defendants assert that any causes of action are subject to strike under CCP § 425.16(e). Defendants also argue that Plaintiff cannot demonstrate a likelihood of success on the merits because the Complaint is barred by the doctrines of collateral estoppel and/or res judicata. Plaintiff opposes, arguing that Defendants false statements...

Excerpt: ...s conduct. In turn, however, Griffin has failed to meet her burden of submitting some showing that the medical records sought are not directly related to the issue she has tendered in court not limiting the records produced to no more than three years prior to March 31, 2018 is appropriate. Griffin has put her loss of earnings and the reason for her alleged constructive termination at issue by bringing this action, and Barich has a legitimate and...

Excerpt: ...the motion within thirty (30) days of service of the Court's final ruling. Plaintiff has demonstrated “good cause” for the requested documents and has stated sufficient facts showing that the information sought is “relevant” to this case and will “reasonably assist…in evaluating the case, preparing for trial, or facilitating settlement…” (Code Civ. Proc. §2017.010; see also, Lopez v. Watchtower Bible & Tract Society of N.Y., Inc....

Excerpt: ... Timber Cove Properties subdivision. By this complaint, plaintiffs seek, inter alia, a judicial determination that plaintiffs have a right to use and maintain the portions of the pedestrian and equestrian easements that traverse the parcels owned in fee by defendants ANN VERNON, RUSSELL SMITH and MERIN S. MC CABE.” (FAC, ¶1, fn. 1 omitted.) Specifically, the following causes of action are alleged in the FAC: (1) to quiet title to private easem...

Excerpt: ...and in particular, the Court addressed the issue of Plaintiff's untimely government claim and untimely request to file a late claim. Although the Court expressed doubts about Plaintiff's ability to cure the defects based on the facts already alleged, the Court gave Plaintiff an opportunity to amend. On February 28, 2019, Plaintiff filed his FAC. Defendant brings this demurrer under Code of Civil Procedure section 430.10(e) and on the grounds that...

Excerpt: ...aintiff on behalf of himself and others similarly situated against Toby's Trucking, Inc. (“Defendant”) for wage and hour violations. The SAC contains causes of action for: 1) Failure to pay wages at prevailing wage rates (Cal. Lab. Code (“LC”) §§ 1771, 1774, 1811, 1815); 2) Failure to pay minimum wage (LC §§ 1194, 1194.2; Wage Order 9 § 4); 3) Failure to provide meal periods (LC §§ 226.7, 512; Wage Order 9 § 11); 4) Failure to pro...

Excerpt: ...aintiffs' assertion of the attorney work product privilege.) Documents Nos. 1 & 2 Defendant argues that Plaintiffs' Attorney Davis waived the work product privilege when he testified in deposition regarding his revisions to the Unanimous Written Consent (UWC). Defendant contends that Attorney Davis testified regarding his suggested change of the word “appraisal” to “assessment.” Defendant asserts that because Attorney Davis explained his ...

Excerpt: ...serve full and complete verified responses, without objections, and produce responsive documents, within ten (10) days of notice of entry of the order granting this Motion. The request for monetary sanctions is DENIED for lack of compliance with CCP § 2023.040. If a party to whom interrogatories were directed fails to serve a timely response, the responding party waives all objections, including those based on privilege and work product protecti...

Excerpt: ...998) 67 Cal.App.4th 1253, 1255.) As argued by defendant, broad allegations that a defendant acted maliciously and willfully are insufficient. (Austin v. Regents of University of California (1979) 89 Cal.App.3d 354, 359, disapproved on other grounds by Ochoa v. Superior Court (1985) 39 Cal.3d 159.) To warrant punitive damages, the act complained of must be willful, in the sense of intentional, and must be accompanied by aggravating circumstances, ...

Excerpt: ... opposition declarations. Such evidence is improper. As CCP §437(a) provides: “The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” The complaint in this action alleges one cause of action for declaratory relief as to the parties' respective insurable interests in the subject real property. Defendant moves to strike various allegatio...

Excerpt: ...laintiff's allegations that Defendant acted in bad faith and in violation of the law during a loan modification review process. Plaintiff's underlying Complaint states five causes of action. First, Plaintiff asserts a cause of action under Civil Code section 2924.11 based on Defendant's alleged “dual tracking” violations. Specifically, Plaintiff alleges that Defendant “dual tracked” the foreclosure process by recording a Notice of Trustee...

Excerpt: ...um of $1,000 per month of unpaid rent arising from occupancy of the Trustor's real property, from 2010 to the Trustor's death. All deduced rent amounts shall than [sic] be added to the share passing to LYNDA CATENACCI, pursuant to the provisions of Section 4.02(B)(2) below.” (Amended Petition, ¶9.) However, the petitioner does not state what construction he would have the court impose, or whether that is contrary to the other party's construct...

Excerpt: ...as been suffering from an extremely critical and nearly fatal medical condition that left him incapacitated, unable to manage his affairs, and virtually unaware of the events affecting him. (Motion at 1:23-26, 3:4-8; see also, Sheridan Dec. at ¶¶4-5.) Defendants contend that Mrs. Sheridan, the other trustee for the Trust, has never had any responsibility for the property owned by the Trust, never participated in managing the property, and assum...

Excerpt: ...r Code 98.2. Defendant filed an opposition on April 30, 2019, the day before the original hearing on May 1, 2019. However, the Court did not receive that opposition prior to posting its tentative ruling on April 30, 2019 and the tentative ruling was to grant Plaintiff's motion to dismiss. Defendant appeared at the May 1, 2019 hearing, without giving notice to Plaintiff, and the Court continued the hearing until today, May 8, 2019. Defendant's opp...

Excerpt: ...et 2 GRANTED. 5. Motion to Quash Amended Notice of Deposition of Margie Mejia and Person Most Knowledgeable at Lytton and for Protective Order DENIED. 6. Motion to Quash Subpoena Duces Tecum of Russell Kobayashi DENIED. 7. Motion to Quash Amended Notice of Deposition of James Beyers and for Protective Order DENIED. The court notes that the discovery sought, and thus the primary bases of all the arguments on each motion are largely the same, and l...

Excerpt: ...ff's action and therefore, a separate trial on this affirmative defense will eliminate the necessity and save the time and expense of a regular trial on the action. Plaintiff opposes the motion and contends that even if the contractual limitation of liability provision is found to apply to the parties here, it will not resolve all of the issues in this case and will not eliminate the need for a trial. Plaintiff's Request for Judicial Notice in Su...

Excerpt: ...3d 1045, 1047.) Despite this, there are a number of considerations unique to this case that support the court's finding that allowing this amendment now is not in the furtherance of justice. The court ordered on February 9, 2018, that Mr. Maciel shall not act as agent to either Joseph or Judith Gappa (Joe or Judy) under any durable powers of attorney, or in any fiduciary capacity on behalf of either of them or their trust. The only remaining basi...

Excerpt: ...art of the settlement in the Personal Injury Case, Defendants fraudulently under declared their net worth in order to induce Plaintiff into taking a lower settlement. Plaintiff alleges that had Defendants declared their true net worth he would not have agreed to the settlement in the Personal Injury Case. Demurrer to Answer Plaintiff contends that Defendants' Answer to the Complaint contains 35 affirmative defenses “which are uncertain, unsuppo...

Excerpt: ...570044004c0051[. Defendant contends that Plaintiff's entire case is based on the existence of an attorney- client contingency agreement between Plaintiff and third-party Anthony Michalek. Defendant avers that “Plaintiff cannot allege an enforceable Attorney-Client Contingency Fee Agreement because there is not enforceable Attorney-Client Contingency Fee Agreement” and therefore, “Plaintiff has no right to recover any portion of Anthony Mich...

Excerpt: ...ngs and the alleged taking of plaintiff's personal property. Defendant Bettencourt is the Administrator of the Estate who filed the unlawful detainer and defendants Jensen and Blonski are attorneys who represented the parties in the eviction case. Per CCP §391.1: “In any litigation pending in any court of this state, at any time until final judgment is entered, a defendant may move the court, upon notice and hearing, for an order requiring the...

Excerpt: ...is claim requires that the parties actually rely on the misrepresentation. See Conrad v. Bank of America (1996) 45 Cal.App.4th 133, 157; Richard P. v. Vista Del Mar Child Care Serv. (1980) 106 Cal.App.3d 860. However, courts still owe a duty to construe the pleadings liberally and not be too strict or technical in applying the requirement of pleading fraud with particularity. 5 Witkin, Cal.Proc. (5 th Ed. 2008), Pleading, section 714; see also Wi...

Excerpt: ...dispute that Plaintiff is entitled to discovery of the putative class member contact information in advance of class certification.” (See, Opp. at 1:19-20.) Instead, Defendant contests Plaintiff's proposed Belaire-West disclosure, which includes contact information for both Plaintiff's and Defendant's respective attorneys. Defendant argues that including Plaintiff's attorney information in theBelaire-West disclosure would create a “one-way”...

Excerpt: ...al funds not in dispute upon which she plans to submit additional evidence.” (Motion at 2:9-13; Sax Decl.; Request for Judicial Notice.) In her corrected Opposition (per the errata), Maye seeks an order that the proper allocation of the proceeds of the sale of the real property commonly known as 113 Douglas Fir Circle in Cloverdale (the “Property”) be distributed $233,848.94 to Maye and $105,635.60 to Rangel. The Motion is DENIED. By way of...

Excerpt: ...aint. This matter is on calendar for defendant Chanate Property Owners Association's (“CPOA's”) Motion for Summary Judgment on the grounds that CPOA owed no duty to Plaintiff because: 1) CPOA did not own or possess the property where Plaintiff was allegedly injured (the “Property”); 2) the issue of “control” was not pled in the Complaint and thus CPOA owed Plaintiff no duty as a result of its “control” of the Property; and 3) even...

Excerpt: ...effort to provide responses, plaintiffs are entitled to code-compliant responses. Absent such compliance, it is unclear whether there are any outstanding documents yet to be produced and if so why. The defendants appear to attempt address this issue by filing declarations in opposition to the motion stating that there are no more documents to produce. Accepting this as sufficient compliance would potentially leave plaintiffs in the position of la...

Excerpt: ...ubdivision (d) of Section 473 for lack of proper service of the summons and complaint. Subdivision (b) of CCP §473 states in pertinent part that: “the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the...

Excerpt: ...ental examinations in the past. She was found to lack capacity as recently as 2017 by Dr. Christine Naber. Ms. Norman then chose to be examined by Dr. John Podboy in early February 2019. Dr. Podboy opined that Ms. Norman is “quite capable of managing her own affairs.” (Sinigiani Decl., Ex. K, p. 2.) However, the number of IMEs is not limited as long as good cause is shown. (Shapira v. Superior Court (1990) 224 Cal.App.3d 1249, 1255.) Moreover...

Excerpt: ...rological examination and mental exam by Mark Strassberg, M.D., a neurologist; and (2) neuropsychological testing to be performed by Ronald Roberts, Ph.D., a neuropsychologist.” (See, Motion at 2:8-12.) Defendant contends that based on Plaintiff's allegations of traumatic brain injury and post-concussion syndrome, Defendant “is entitled to a mental and physical examination to be performed by its own neurologist, Dr. Strassberg, with <00030027...

Excerpt: ...ong with Gregory Sfarzo dba Guitar String Manufacturing. Sfarzo's answer identifies the LLC and Sfarzo as “in pro per” in the caption and alleges: “Comes now the defendant GREG SFARZO sued herein under the fictitious name of GREG SFARZO dba GUITAR STRING MANUFACTURING, and SFARZO STRING COMPANY, LLC, and sued individually, (collectively referred to herein as DEFENDANTS) and, in answer to plaintiffs complaint, admits, denies, and alleges as ...

Excerpt: ...g related in part to hospital staffing levels. She also alleges workplace health and safety violations under California's OSHA laws through the enforcement mechanism of the Private Attorneys General Act in the Labor Code. Brooke recently dismissed her three causes of action for misrepresentation. Defendants contend Brooke was terminated because her job performance at Aurora was inadequate. Defendants further assert that when they terminated Brook...

Excerpt: ...9, “the case was resolved against [the named] Defendants on the basis of a determination that [Defendants] were only 20 percent at fault for the collision, while Priscilla Parks was 80 percent at fault.” (See, Motion at 4:11- 13.) However, David also alleges that the Notice of Settlement of the Entire Case filed on January 23, 2019 was filed in error and in fact, “[i]t was not the intention of Plaintiff David Parks, nor the intention of his...

Excerpt: ...its statutory and contractual obligations when it failed to negotiate a “new settlement closing date” with Plaintiff after the short-sale buyer was unable to close escrow by the initial date set. Based on this alleged breach, Plaintiff contends he is likely to proceed on the merits of his claims for a violation of Civil Code section 2924.11. Additionally, Plaintiff contends that he <0003004c0051004d005800 00560003005100520057[ issued and that...