Excerpt: ...aintiffs and Cross-Defendants Morgan and Smith for the claims asserted by Morgan and Smith in their Complaint, then Morgan and Smith should be required to indemnify the Visiting Angels for any sums the Visiting Angels are ordered to pay Morgan and Smith. This claim is completely circular and unsupported by any legal authority cited by the Visiting Angels. The Demurrer to the Second Cause of Action for Implied Contractual Indemnity is SUSTAINED, W...

Excerpt: ...ty Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The court may consider all m...

Excerpt: ...s to whether there is a current violation of section 1941.1(a)(1), and what Defendant Bruce H. Hoeger ("Defendant") has specifically done to remedy any such condition. In its order of May 31, 2019, the court noted that Defendant attested in a May 17, 2019 declaration that in February and March 2019, Ryan Gok, a PCC journeyman specialist, "patched and filled concrete, filled joints, caulked the perimeter of the building, and filled holes with conc...

Excerpt: ...ent, pursuant to Government Code § 815.2, and (2) the District's failure to discharge mandatory duties pursuant to Government Code § 815.6. The Tenth Cause of Action alleges, again, that the District is liable for the actions of unspecified employees working within the scope of their employment pursuant to Government Code § 815.2. The Tenth Cause of Action appears to be entirely duplicative of the same claim made in the Ninth Cause of Action a...

Excerpt: ...e court finds that this action is barred by the doctrine of res judicata, as it is nearly identical to the complaint Plaintiff filed in Case No. HG17859160, Fuller v. Carmax, and arises from the same conduct alleged in support of that Complaint. In that case, the court granted defendant's Special Motion to Strike on 8/16/17, having found that the alleged conduct was petitioning activity protected under both CCP §425.16 and Civil Code §47(b), aw...

Excerpt: ...to have judgment entered against it if it defaults on the agreement, nor does it clearly indicate the amount that any such judgment would be. Therefore, it does not appear that the Stipulated Settlement Agreement is subject to enforcement pursuant to section 664.6. Third, Plaintiff does not indicate the amount of the judgment sought. The Stipulated Settlement Agreement indicates that Defendant is in arrears on "COP Costs" in the amount of $125,00...

Excerpt: ...er where service of summons is invalid because the plaintiff has not complied with the requirements for naming a Doe defendant pursuant to Code of Civil Procedure section 474. (See Fireman's Fund Ins Co. v. Sparks Construction Inc. (2004) 114 Cal.App.4th 1135, 1144-1145.) A Doe amendment is only proper if the plaintiff is actually ignorant of the facts giving rise to a cause of action against the Doe defendant at the time the complaint is filed. ...

Excerpt: ... Inc. ("Genentech"), on May 17, 2019; and (2) Deposition Subpoena for Production of Business Records served on the Custodian of Records for Wells Fargo Bank, N.A. ("WFB"), on May 16, 2019. (Decl. of Allyssa Villanueva, Exhs. C and D.) Those subpoenas seek: "Any and all documents and records, and all writings, including, but not limited to, employment, payroll and applications for employment, work absence and incident reports, personnel records, p...

Excerpt: ...rs Alliance (2002) 102 Cal.App.4th 449, 458-459. In the Second Cause of Action, Plaintiff Noginov alleges that Defendant Schlachter wrote letters to the Zoning Adjustment Board of the City of Berkeley accusing him of violating Penal Code § 631. Plaintiff also alleges that the members of the board read the letters, and that he has sustained damage to his reputation and also severe emotional distress as a result. Defendant Schlachter describes a d...

Excerpt: ...del it worked on for Daniel. Plaintiff served its Special Interrogatories, Set One ("Interrogatories"), and Request for Production of Documents, Set One ("RFP"), on Daniel on November 14, 2018. Daniel served her responses to both discovery sets on December 19, 2018. In response to Plaintiff's request, Daniel provided supplemental responses to the Interrogatories on February 1, 2019. Plaintiff claims that this supplemental response was deficient, ...

Excerpt: ...epare for the Motion for Summary Judgment or trial. Plaintiff and Defendants have sought to introduce all of the evidence presented through declarations or requests for judicial notice. The Court cannot and should not dictate counsel's strategic decisions. However, counsel's failure to take depositions certainly resulted in evidentiary problems that the Court cannot excuse in reviewing the motion papers. As the moving party, Plaintiff bears the i...

Excerpt: ...ourt's accompanying tentative ruling on the motion for judgment on the pleadings. RPII moves for summary adjudication in its favor as to the three matters as to which it seeks a declaratory judgment in its complaint: (1) requiring the City of Oakland ("City"), the City of Oakland Redevelopment Successor Agency ("Agency") and/or the Oakland Redevelopment Agency ("ORA") to respond in a timely manner to RPII's inquiries described in paragraph 10 of ...

Excerpt: ... subd. (c).) "A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if that party contends that the cause of action has no merit or that there is no affirmative defense thereto, or that there is no merit to an affirmative defense as to any cause of action, or both . . . . A motion for summary adjudication shall...

Excerpt: ... 10, 2017. Plaintiff Ramona Choyce, on behalf of herself and as guardian ad litem for Minor Plaintiffs Quincy'Ana Mason, Quincy Mason, Jr., and Jaheim Choyce (collectively, "Choyce Plaintiffs"), brought a separate action against Defendant Khaled Saeed on February 23, 2018, arising from claims based upon the same January 26, 2017 fire. The two actions, along with one other action, were consolidated on March 14, 2019. The Court granted Choyce Plain...

Excerpt: ...r Defendant advised the Court in their opposition that they were preparing supplemental responses to Plaintiff's Requests for Production of Documents, Set Two, and a supplemental privilege log. Defendant represented that the supplemental responses and supplemental privilege log would be served on Plaintiff's attorney prior to the June 18, 2019 hearing. Defendant filed its opposition papers on June 5, 2019. The Court ordered the parties to have fu...

Excerpt: ...s Plaintiff's allegations that Defendant violated Civil Code section 1790 by failing to repair or repurchase Plaintiff's allegedly defective vehicle. (See Complaint.) In support of his claim, Plaintiff seeks discovery related to Defendant's knowledge of the specific problems that affected Plaintiff's vehicle. Plaintiff first propounded his discovery requests over one year ago. (See Memo. Sup. Mtn. re: RFPs, p. 2:6-8.) Plaintiff's present motions ...

Excerpt: ...ll become clear, the Court will rule on the Motion to Strike first. PROCEDURAL HISTORY Plaintiff Terrance Marcel Jones's ("Plaintiff") original Complaint as filed on October 26, 2018 pleaded five causes of action: assault and battery, intentional infliction of emotional distress, negligence, premises liability, and negligent hiring and supervision. Only the fourth cause of action was pleaded against Defendants, and only in the sense that the four...

Excerpt: ... requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement." (Id.) This case arises out of an auto accident that occurred on August 21, 2014. The parties settled the dispute on February 4, 2019 and executed a stipulation regarding settlement ("Stipulation"). The Stipulation stated that Plaintiff would release Defendant from "all rights, claims, d...

Excerpt: ..., on June 21, 2019. (See Supp. Decl. of Neeru Jindal, filed June 28, 2019.) Despite such timely notice, Plaintiff has not submitted opposition and has not voluntarily withdrawn the Notice of Lis Pendens, recorded on May 1, 2015 as instrument no 2015115535 in the Alameda County Recorder's Office ("Lis Pendens"), despite several requests. (See Request for Judicial Notice, Exh. A; Decl. of Neeru Jindal, ¶¶ 6-8 and Exh. A; Supp. Decl. of Neeru Jind...

Excerpt: ...exists an overriding interest that overcomes the right of public access to the record; (2) [t]he overriding interest supports sealing the record; (3) [a] substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) [t]he proposed sealing is narrowly tailored; and (5) [n]o less restrictive means exist to achieve the overriding interest." (Cal. Rules of Court, Rule 2.550(d).) MOTION TO SEAL Defenda...

Excerpt: ... any void judgment or order." A motion to set aside void judgment or order may be made at any time, and it is immaterial how the invalidity is called to the court's attention. (Schwab v. Southern California Gas Co. (2004) 114 Cal.App.4th 1308, 1320.) Among other things, the court may set aside a default that is void due to improper service. (Hearn v. Howard (2009) 177 Cal.App.4th 1193, 1200; Ramos v. Homeward Residential (2014) 223 Cal.App.4th 14...

Excerpt: ...fendants' Motion is GRANTED as to Plaintiff's request for punitive damages. Code of Civil Procedure section 425.13's applicability depends upon the gravamen of a plaintiff's claim. (Country Villa Claremont Healthcare Center, Inc. v. Superior Court (2004) 120 Cal.App.4th 426, 434.) If medical care was terminated for a reason that does not violate the Unruh Act, then liability based on that medical decision is subject to Code of Civil Procedure sec...

Excerpt: ... burden of proof. (Benach v. County of Los Angeles (2007) 149 Cal.App.4th 836, 856.) The general rule is that "[i]f the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs to show that [they] were not reasonable or necessary." (Ladas v. California State Auto. Assn. (1993) 19 Cal.App.4th 761, 774.) Thus, the trial court must first determine whether costs are allowable at all under the relevan...

Excerpt: ...her to issue a preliminary injunction, the court weighs two interrelated factors: (1) the likelihood that the moving party will ultimately prevail on the merits; and (2) the relative interim harm to the parties from issuance or non-issuance of the injunction. The court's determination is guided by a mix of the potential merit and interim harm factors; the greater the plaintiff's showing on one, the less must be shown on the other to support an in...

Excerpt: ...CRC 3.1350(b). The court therefore construes this as motion for summary judgment only. REQUEST FOR JUDICIAL NOTICE Defendants' Request for Judicial Notice as to plaintiff's Complaint and defendants' Cross-complaint against DeHaro, Inc., is GRANTED. (Evid.C.§452.) However, the court does not take judicial notice of the truth of matters stated therein. (Love v. Wolf (1964) 226 Cal.App.2d 378, 403, 38 Cal.Rptr. 183; Day v. Sharp (1975) 50 Cal.App.3...