Excerpt: ...edes, the viability of his claim for punitive damages is dependent upon his seventh cause of action for fraud by omission. (Pl.'s Opp. at 3:14-21.) Since the Court is concurrently sustaining Defendant's Demurrer with leave to amend, it follows that Plaintiff has not adequately pleaded his claim for punitive damages. Plaintiff cites federal cases which merely analogized Song-Beverly civil penalties to punitive damages in order to find a sufficient...

Excerpt: ...at: the defendant breached its duty to exercise ordinary care and that the breach was a substantial factor in bringing about the plaintiff's harm. (Id.) "The cases require that an owner must have actual or constructive notice of the dangerous condition before incurring liability." (Id., at p. 1203.) "The plaintiff has the burden to prove the owner had actual or constructive notice of the defect in sufficient time to correct it." (Id.) Here, the s...

Excerpt: ...intiff seeks a Right to Attach Order in the sum of $139,930.00 on two parcels of property that Defendant apparently owns in Contra Costa County and San Luis Obispo County. Plaintiff has not shown that the issuance of a Right to Attach Order is appropriate in this case because Plaintiff's claim does not arise out of Defendant's conduct of a trade, business, or profession. See CCP § 483.010(c); and Nakasone v. Randall (1982) 129 Cal.App.3d 757, 76...

Excerpt: ...the ground that there is a another action pending is SUSTAINED. In the First Cause of Action, Plaintiff seeks to quiet title to a month-to-month tenancy at 7203A Holly Street, Oakland, and the Second Cause of Action seeks a declaration that Plaintiff owns has month-to-month tenancy. Plaintiff does not seek to establish an ownership in interest in the real property, but merely the right to reside there as a tenant. Defendant Dellesia Onifade's com...

Excerpt: ... a basis for the court to impose a duty to disclose. (See Bigler-Engler v. Breg, Inc. (2017) 7 Cal.App.5th 276, 310-311.) The complaint does not allege a partially or grossly misleading affirmative statement before or at the time of sale that would trigger a duty to disclose in an arms-length transaction. (Id. at 312-313.) Plaintiff vaguely alleges that Defendant expressed general warranties, and that Plaintiff "interacted with GM's sales represe...

Excerpt: ... intrusive means. (See Liberty Mut. Ins. Co. v. Sup. Ct. (1992) 10 Cal.App.4th 1282, 1287-1289.) Here, Ms. Johnson-Trammell is the Superintendent of Oakland Unified School District. (See Ex. 3 to Dec. S. Eckstein.) This would qualify her as an apex employee or its equivalent. (See Liberty Mut. Ins. Co., supra, 10 Cal.App.4th at 1287-1289.) In failing to oppose this motion, Plaintiffs have not provided any evidence Ms. Johnson-Trammell possesses a...

Excerpt: ...Directors, contends that Defendants have done certain things that violate various Dublin laws, Association rules and provisions of the Declaration of Covenants, Conditions, and Restrictions of the Association. Defendants contend that Plaintiff's allegations are false and the claims are without merit. Defendants believe that Plaintiff sued them because they have made claims of construction defects. The Court cannot grant Defendants' motion because...

Excerpt: ...n the accompanying Appendix." Plaintiff did not file an Appendix with her motion. The Court notes that Defendants contend that Plaintiff is seeking to add a new Defendant and to amend her liability claims because they recently advised her attorney that they are going to file a Motion for Summary Judgment. If true, the Court cannot deny Plaintiff's motion on that basis. The amendment or attempted amendment of pleadings to stave off summary judgmen...

Excerpt: ... respect to SLS' judicial estoppel argument. Defendant Prestige Default Services' ("Prestige") request to join in this Demurrer is GRANTED. PROCEDURAL HISTORY The following chronology of events is based upon Plaintiff's Corrected Second Amended Complaint ("SAC") filed on March 26, 2019, and evidence upon which the Court takes judicial notice. Plaintiff owns a property in Hayward, California (the "Property"). Around 2006, Plaintiff obtained a seco...

Excerpt: ...D., and The Hospital Committee for The Livermore-Pleasanton Areas also filed Demurrers to Plaintiff's Complaint. After Defendants' Demurrers were sustained with leave to amend on July 13, 2017, Plaintiff filed his First Amended Complaint on July 27, 2017. Plaintiff Sisodia presented at the emergency room at ValleyCare with severe abdominal pain at about 6:00 a.m., on November 20, 2015. ValleyCare is located at 5555 W. Las Positas Blvd., in Pleasa...

Excerpt: ...aintiff states that she returned the shoes to Marshalls despite being asked by Defendant's liability insurer to retain them and to take photographs of them. The Court will not summarize the diligent efforts of counsel to obtain the information formally and informally from TJX, Inc., the parent company of Marshalls. The Court previously concluded that Defendant presented ample evidence to establish that Plaintiff's actions were willful. The Court ...

Excerpt: ...ponse, without objections, stating he conducted a diligent search and made reasonable inquiries but he "never had the requested documents" (cell phone records from April 25, 2015). Plaintiff asserts Rodriguez has a duty to obtain them, even if they are not in his possession, by asking his wireless carrier, Verizon, for them. Rodriguez asserts the "meet and confer" efforts as to RPD, Set 3, No. 1 were deficient, as Plaintiff failed to address the ...

Excerpt: .... "Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing." (CCP § 1005(b).) "However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California[.]" (Id.) 16 court days before July 25, 2019...

Excerpt: ... defendants as to whom the litigation was finally determined or (ii) the cause of action, claim, controversy, or any of the issues of fact or law, determined or concluded by the final determination against the same defendant or defendants as to whom the litigation was finally determined." C.C.P. § 391(b)(3) also defines a vexatious litigant as a person who in "propria persona, repeatedly files unmeritorious motions, pleadings, or other papers, c...

Excerpt: ...cember 31, 2018." (Decl. of Ray T. Rockwell, Exh. A, ¶ 3.) The written Agreement states that "[i]t is the intention of the Parties to settle and dispose of, fully and completely," the claims and disputes reflected in the instant lawsuit or arising from the operative facts alleged herein. (Id., ¶ 2.4.) The Agreement contains the parties' mutual releases of claims against each other arising from such facts, except as to the rights or claims creat...

Excerpt: ...eir attorney, Mark Ellis, decided that he no longer wanted to represent Defendants. Counsel made a last-minute request to continue the trial that the Court believes should have been denied. There is currently no trial date. Defendants' motion is denied for substantive and procedural reasons. The Court initially observes that Defendants did not file a declaration to indicate that they made a reasonable and good faith attempt to resolve the dispute...

Excerpt: ...ants that are the subject of Plaintiff's claims. The non-compete agreements that Medidata Solutions, Inc. employees signed provide that they shall be construed by the laws of the State of New York. The non-compete agreements that Sparta Systems, Inc. employees signed indicate that they shall be construed by the laws of the State of New Jersey. Since this case was filed on July 17, 2017, Plaintiff and Defendants have cited only California cases an...

Excerpt: ...IN PART as to the subpoena served on Plaintiff's former employer Digilant, Inc. Preliminarily, the Court rejects Defendant's argument that this motion should be denied because Plaintiff's privacy rights are adequately protected by the parties' stipulated protective order. A stipulated protective order addressing the disclosure of confidential information to nonparties does not cure any impermissible invasion into Plaintiff's right to privacy. (Se...

Excerpt: ...ce at Deposition. In that ruling, the court noted that it "finds the parties' discussiono f the merits of the case and the statements and conduct at mediation irrelevant, distracting and disconcerting. The court is also disturbed by the unprofessional tone in some of the communications between couinsel that preceded the motion as well as counsel's inabilitly to work together to achieve a compromise of their positions so as to avoid the need for a...

Excerpt: ...ject matter of this lawsuit or reasonably calculated to lead to the discovery of admissible evidence. Plaintiff's request for an award of sanctions against Defendant 24 Hour Fitness USA, Inc. and its attorneys of record in the sum of $3,060.00 is GRANTED IN PART. Although Defendant unreasonably refused to cooperate with counsel in his efforts to take Ms. Peterson's deposition, the amount requested is excessive under the circumstances. The Court i...

Excerpt: ...unds that Plaintiffs J.B. Butler and C.A. Blanton ("Minor Plaintiffs") are both under the age of 14. Defendant DCo, LLC does not object to trial date so long as it is at least 120 days from the hearing on this motion or orders expedited discovery from Plaintiffs. Defendant Honeywell International joins DCo's conditional non-opposition. Defendant Utility Trailer Manufacturing Co. opposes. Defendant Cummins, Inc. also opposes. Defendant BorgWarner ...

Excerpt: ...oved to his left and tripped over a concrete "bench" adjacent to the walkway. The bench is 18" wide and rises approximately 15" above the walkway exiting the multipurpose room. The floor on the other side of the bench is approximately 24" lower than the floor on which Plaintiff was walking, which means that the height differential between the top of the bench and floor onto which Plaintiff fell is approximately 39". (See, generally, the District'...

Excerpt: ...ject of Plaintiff's claims. The non-compete agreements that Medidata Solutions, Inc. employees signed provide that they shall be construed by the laws of the State of New York. The non-compete agreements that Sparta Systems, Inc. employees signed indicate that they shall be construed by the laws of the State of New Jersey. Since this case was filed on July 17, 2017, Plaintiff and Defendants have cited only California cases and statutes in their m...

Excerpt: ...END. The motion to strike is GRANTED WITH LEAVE TO AMEND. LEGAL STANDARDS The standard for construing a complaint on demurrer is long-settled: "We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed. [Citation.] Further, we give the complaint a reasonable interpretation, reading it as a whole and its...

Excerpt: ...n this Court. Plaintiff Weintraub purchased a 2011 Kia Optima from an unidentified dealership on June 20, 2011. The Court did not carefully review the 55-page Complaint filed by a different firm against Kia Motors America, Inc. in the U.S. District Court for the Central District of California entitled, Greg Wallis, et al. v. Kia Motors America, Inc., et al. Plaintiff attached the Wallis complaint to the First Amended Complaint. The Wallis complai...