Excerpt: ...ended Complaint, including the additional specificity requested by the court when sustaining the last demurrer to the two causes of action for Violation of Civil Code section 2923.5 and 2924.17, that Plaintiff has not adequately alleged that there was a violation as defined under 2923.5(e). Plaintiff's allegations state that although she contacted Defendant and they did not respond in a meaningful way to constitute due diligence. (First Amended C...

Excerpt: ...s, the hourly fees plus a 0.5 enhancement). Defendants oppose, arguing that Yeh's attorney's hourly rate is unreasonable, that this litigation was unnecessary, that certain fees were not reasonably necessary to resolution of this case, and that fees incurred after Plaintiff accepted the Section 998 offer are not recoverable under the terms of that offer. The Court applies the "lodestar" methodology when calculating attorneys' fees under the Song-...

Excerpt: ...edical Board of California website indicating that six doctors who were witnesses to Plaintiff's medical treatment at Sutter have offices located in Santa Rosa in Sonoma County. However, Sutter submits no evidence demonstrating where those doctors live. Absent such evidence, the Court cannot presume that it would be inconvenient for those doctors to testify at trial in this case in Alameda County. Sutter's argument that it cannot contact those do...

Excerpt: ...f records for: (1) Comcast Corporation ("Comcast"); (2) Pleasanton Garbage Service, Inc. ("PGS"); and (3) Acorn Onsite, Inc. ("Acorn"). (Decl. of Allyssa Villanueva, Exhs. C, D and E.) The Subpoenas to PGS and Comcast seek (in essence) all billing statements and other records pertaining to Kim Johnson from January 1, 2015 to the present. (Id., Exhs. C and E.) The Subpoena to Acorn seeks: "All records regarding the subject property located at 2323...

Excerpt: ...4) Washington Hospital, "Billing DP." (Decl. of William M. Artigliee, Exh. 1.) The Subpoenas were served on behalf of Defendant Fremont Healthcare Operating Company LP, dba Fremont Healthcare Center ("Fremont Healthcare") on or about June 21, 2019. (Id.) All four Subpoenas seek records pertaining to Plaintiff John Ellwanger ("Decedent"), who died on December 8, 2017 (as alleged in the consolidated case). The motion is based on arguments that the ...

Excerpt: ...as addressed in this motion on an item-by-item basis. (See Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1435-1436, 1439; Manzetti v. Superior Court (1993) 21 Cal.App.4th 373, 380, fn.8.) The motion seeks to quash seven Deposition Subpoenas for Production of Business Records ("Subpoenas") served on or about June 24 or June 27, 2019 by Defendants Kilkare Woods Association, Inc. et al. ("Defendants"). This is the third of three motions to ...

Excerpt: ...F Oakland location, which is operated by Defendant Lake Merritt Fitness, Inc. In his First Amended Complaint, Howell alleges that Fitness SF pays its trainers a percentage basis commission based on its billing to clients and fails to pay its trainers for time spent working without clients, fails to provide off-duty meal and rest periods, fails to provide accurate wage statements, and does not indemnify trainers for their personal cell phone expen...

Excerpt: ...rove into the rear of their vehicle and then attempted to flee the scene. Defendant does not dispute Plaintiff's description of the accident in the Complaint, but she argues that she is not liable to Plaintiffs as a matter of law because she lost consciousness due to her diabetes. See Waters v. Pacific Coast Dairy, Inc. (1942) 55 Cal.App.2d 789, 792. Defendant's motion is denied because she has not presented any competent evidence to establish th...

Excerpt: ...nt 520. The motion seeks summary adjudication as to nine of the twenty-one affirmative defenses included in the "Answer to Plaintiff's Complaint for Wrongful Death (Case Number HG18929026)" filed on February 4, 2019. The answer is directed to the "Complaint for Damages" filed by Dollarhide, along with co-plaintiff Marcia Ellwanger, on November 19, 2018, in Case No. HG18929026, which was consolidated with Case No. RG18899177 on January 30, 2019. T...

Excerpt: ...Shea and Cummings to the First Cause of Action, entitled "Breach of Fiduciary Duties - Improper Self-Dealing," pursuant to CCP § 430.10(e), is SUSTAINED WITH LEAVE TO AMEND. Defendants have established that Delaware and not California law applies to Plaintiff's breach of fiduciary duty claim against the PDI directors. See Corp. Code § 2116. The directors owed a fiduciary duty to the common shareholders and not the owners of preferred shares of ...

Excerpt: ...emur to Count One, which asserts liability against the City based on Government Code section 835. As to Counts Two and Three, Defendants' demurrer is sustained for all the reasons discussed in the demurrer and supporting memorandum, which cites legal authority supporting Defendants' arguments. Without limitation of the foregoing, the deficiencies in those "counts," as pleaded, include the following. First, Counts Two and Three fail to identify a ...

Excerpt: ...state a cause of action, namely: . The first cause of action for fraud by concealment; . The second of action for breach of the implied covenant of good faith and fair dealing; . The third cause of action for wrongful discharge in violation of public policy; . The fourth cause of action for violation of the Racketeering Influenced and Corrupt Organizations Act ("RICO") (18 U.S.C. § 1961); . The tenth cause of action for retaliation under Labor C...

Excerpt: ... return her personal property in accordance with Civil Code sections 1965, 1980 through 1991, C.C.P. §§ 715.010 through 715.030 and 1174, and/or the various notices set forth as Exhibits A, B-1, B-2, C and D to the supplemental opposition filed on August 8, 2019. As currently pleaded, the cause of action is deficient, including because it alleges facts that contradict those in Plaintiff's prior pleadings, in the exhibits to the SAC, and in the ...

Excerpt: ...omotive Imports of CA, LLC ("Plaintiff"). A fraud claim must be pled with particularity, including who, when, where, to whom, and by what means any misrepresentations were tendered. (See, e.g., Robinson Helicopter Co. Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 993.) Plaintiff fails to allege who made the alleged misrepresentations on which it relied, when, and by what means. (See First Amended Complaint, paragraph 26.) In addition, as the First Am...

Excerpt: ...s asserted against Nakidi in this lawsuit and that Plaintiff has not made a sufficient showing that Nakidi waived the right to arbitrate the agreement or that "there is a possibility of conflicting rulings on a common issue of law or fact" if the court orders arbitration of the claims against Nakidi but not the claims against Defendant Teamsoft Technologies, LLC ("Teamsoft") in this action. (See C.C.P. § 1281.2; 9 U.S.C. § 2.) A. Existence and ...

Excerpt: ...nd that is owned by Matthew, and on which Samuel resided at the time of the incident. Garcia, a professional but unlicensed landscaper who was hired by Samuel to cut branches from a redwood tree on the premises, was working on that job when a branch on which he was standing broke, causing Garcia to fall and injure himself. (See, generally, Defendants' Separate Statement Facts ("SSF") Nos. 11-33 and the evidence cited in support.) Plaintiffs' evid...

Excerpt: ...cation as to each of the First through Eighth Causes of Action therein. Because summary judgment may be granted only if Defendants are entitled to judgment as to each and every cause of action (see C.C.P. § 437c(c)), the court proceeds by addressing the motion for summary adjudication as to each such cause of action. A. First Cause of Action The motion for summary adjudication as to the First Cause of Action is GRANTED. This cause of action alle...

Excerpt: ... which is set forth in Triangle's Separate Statement. As to privilege log documents nos. 2-5, Triangle's motion is GRANTED. The Court determines that Crossroads has waived any attorney-client privilege or attorney work product privilege as to those documents by disclosing a significant part of the communications to Triangle. (See Evidence Code section 912(a); see also Jones v. Superior Court (1981) 119 Cal.App.3d 534-547 and National Steel Produc...

Excerpt: ...pplicable theory. (See Easton v. Superior Court (1970) 12 Cal.App.3d 243, 245-246; Sequoia Pine Mills, Inc. v. Superior Court (1968) 258 Cal.App.2d 65, 67.) "[I]n the absence of an affirmative showing to the contrary, the presumption is that the county in which the title of the action shows that it is brought is, prima facie, the proper county for the commencement and trial of the action." (Mission Imports, Inc. v. Superior Court (1982) 31 Cal.3d...

Excerpt: ...ode of Civil Procedure section 1032(a)(4) provides that, for the purposes of costs under the section, a prevailing party "includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant." The prevailing party for an award of costs under section 10...

Excerpt: ... on their contention that Defendant's vicious dog, "King," attached Lee Brannon in 2016 when he visited Defendant's property located at 785 Hampton Road, in Hayward, to conduct a check on parolee Luis Hidalgo. Defendant has requested the Department, Lee Brannon's employer, to produce documents covered by Penal Code §§ 832.5 and 832.7. Plaintiff did not oppose the request. The Department, however, contends in its opposition that Defendant's atto...

Excerpt: ...responses on May 3, 2019, and amended supplemental responses on July 8, 2019. In all three sets of responses, the responses to Nos. 26 through 34 contained only objections and no agreement to produce any responsive documents. (Decl. of Thomas Spielbauer, ¶¶ 3-14 and Exhs. 2, 4 and 7.) On July 19, 2019, Plaintiff sent a "meet and confer" letter as to asserted deficiencies in the amended supplemental responses. Ocwen did not respond to that lette...

Excerpt: ...responses on May 3, 2019, and amended supplemental responses on July 8, 2019. In all three sets of responses, the responses to Nos. 26 through 34 contained only objections and no agreement to produce any responsive documents. (Decl. of Thomas Spielbauer, ¶¶ 3-14 and Exhs. 2, 4 and 7.) On July 19, 2019, Plaintiff sent a "meet and confer" letter as to asserted deficiencies in the amended supplemental responses. Ocwen did not respond to that lette...

Excerpt: ...h v. White Corporation (2017) 13 Cal.App.5th 1086. The motion does not comply with C.C.P. § 437c(b)(1), which requires a "separate statement setting forth plainly and concisely all material facts which the moving party contends are undisputed. Each of the material facts stated shall be followed by a reference to the supporting evidence." The failure to comply with this requirement "may in the court's discretion constitute a sufficient ground for...

Excerpt: ...s against respondent The Regents of the University of California ("Respondent"). On October 3, 2018, the Court granted the Regents' Motion for Judgment on the Pleadings as to Count III (alleging equitable estoppel), and so Counts I, II, IV, V, VI, and VII remain operative. But, Petitioners only gave notice of a motion for summary judgment on Counts I and V. Petitioners needed to address Counts II, IV, VI, and VII. Petitioners did not give notice ...