Excerpt: ...oyer. This Court has no jurisdiction over Plaintiff's claim asserted in this case. The Workers' Compensation Appeals Board has exclusive jurisdiction over any matter concerning the recovery of workers' compensation benefits. (See Labor Code section 5300(a).) Any challenge to a decision by the Workers' Compensation Appeals Board must be brought before the California Court of Appeal or the California Supreme Court. (See Labor Code section 5955 and ...

Excerpt: ...h cause of action for breach of the express warranty of merchantability. Defendant's Demurrer is SUSTAINED WITH LEAVE TO AMEND. As written, the Complaint's fifth cause of action fails to state a cause of action upon which relief can be granted. (See CCP § 430.10(e); but see Angie M. v. Sup. Ct. (1995) 37 Cal.App.4th 1217, 1227 ["Liberality in permitting amendment is the rule, if a fair opportunity to correct any defect has not been [previously] ...

Excerpt: ...fenses to the five existing causes of action in the SAC, including pleading "ultimate facts" (not just legal conclusions) supporting such affirmative defenses and "refer[ring] to the causes of action which they are intended to answer, in a manner by which they may be intelligibly distinguished." (C.C.P. § 431.30(g); see also FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 384 [affirmative defenses should be "averred as carefully an...

Excerpt: ...rate Statement filed by Defendant and Cross- Complainant Irvington Baptist Church dba Crossroads Church of Fremont ("Crossroads"). More specifically, while the text of Special Interrogatories, Set Three, Nos. 1 and 2 is the same in both Separate Statements, the text of Special Interrogatories, Set Three, Nos. 3-22 is different (and Crossroads does not address Special Interrogatories, Set Three, Nos. 23-31 in its Response Separate Statement.) Neit...

Excerpt: ...ceived by Plaintiff on April 25, 2019. In any future discovery motions filed in this case, Plaintiff should include the discovery, and the opposing party's responses, with the moving papers. Plaintiff argues that DeSilva Gates has waived all objections to Request for Production of Documents, Set Three because those responses were not timely served. The Court is unable to reach that conclusion, because neither Plaintiff nor DeSilva Gates has submi...

Excerpt: ...er 13, 2018. The First Cause of Action (breach of contract) alleges that WFB and Defendant entered into a written contract attached as Exhibit 1 to the complaint - i.e. a Consumer Credit Card Customer Agreement & Disclosure Statement - that required Defendant to make timely payments for the moneys advanced by WFB, and that Defendant breached the agreement by failing to pay as agreed, causing damage in the amount of $10,935.35, plus attorney's fee...

Excerpt: ...ice under CCP §1161(2), and no such notice is alleged in the FAC, and (2) the FAC is uncertain because it alleges $292,298.45 in past-due rent, while the attached five-day notice states the amount due as $191,193.82. NOTICE REQUIREMENT IN LEASE Paragraph 19.1.1 of the Lease states that an "Event of Default" occurs with "Any failure by Tenant to pay any Rent or any other charge required to be paid under this Lease, or any part thereof, when due u...

Excerpt: ...iff's right to recruit current and former Medidata Solutions employees who signed non-compete agreements; (2) declaratory relief regarding plaintiff's obligation and right to defend and indemnify its employees who previously worked for Medidata Solutions; (3) declaratory relief regarding enforceability of the Medidata Solutions non-compete agreements; (4) declaratory relief regarding plaintiff's rights when Medidata Solutions threatens to enforce...

Excerpt: ...y deponents (the "third parties" or "deponents") on or around March 22, 2019, as follows: 1. Everbank.com c/o Everbank Wealth Management for records of Ariel Feingold 2. Fremont Bank for records of Vivian Meade 3. Homestreet Bank for records of Alison Roberts 4. Homestreet Bank for records of Corynne Condon 5. Old Republic Title Company for records of Corynne Condon 6. Old Republic Title Company for records of Ariel Feingold 7. Old Republic Title...

Excerpt: ...ons. The issues in this motion overlap to a large extent with those raised in Plaintiff's accompanying motion to quash subpoenas, so the court's ruling on this motion draws on the court's discussion of the issues and law in its accompanying order. As to RPDs Nos. 23 and 24, the motion is GRANTED, for the reasons in the accompanying order. As to RPD No. 30, the motion is DENIED, conditioned on Plaintiff's execution of a stipulation in the form des...

Excerpt: ... ORDERED THAT sanctions in the amount of $2,800.00 is payable by Defendant to Plaintiff. (CCP §§ 2023.010(d), 2023.030 [authorizing monetary sanctions against a party for failing to respond to discovery].) REQUEST FOR PRODUCTION Plaintiff served a Request for Identification and Production of Documents on July 31, 2018 (the "Request"). After several extensions were granted by Plaintiff, Defendant served responses to the Request on October 5, 201...

Excerpt: ...Smith; and (3) Dellesia Onifade, as trustee of the Jerlyn Smith Trust. Plaintiff previously stipulated to an extension for Defendant's response to January 31, 2018 and then February 19, 2018. When Defendant still failed to respond, the parties participated in an informal discovery conference on March 6, 2018, and the Court ordered Defendant to respond on or before March 31, 2018. Defendant provided some discovery responses on March 30, 2018. With...

Excerpt: ...n January 31, 2019 on May 16, 2019. Counsel for Defendant states in the reply that the discovery response are sufficient. Counsel also confirms that responsive documents have been produced. Counsel maintains, however, that the Court should make an award of monetary sanctions despite Plaintiff's late compliance. Plaintiff's objection to the Motion to Compel on procedural grounds is overruled. Defendant correctly identified the issues presented in ...

Excerpt: ...solidation will "tend to avoid unnecessary costs or delay." See CCP § 1048(a). Defendants have not made the required showing in support of their motion. Case No. RG18895596 involves a dispute among family members regarding ownership of residential real property. This case involves the parties' respective interests in a Mobil gas station. The Court notes that no party filed a Notice of Related Case. See Rule of Court 3.300(b). Defendants' content...

Excerpt: ...the County of San Joaquin ("SJHA"). Plaintiff also seeks a protective order, and for expenses and sanctions in the sum of $4,110. STANDARD OF LAW "[T]he court, upon motion reasonably made by [a party] . . . may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders." (CCP § 1987.1(a).) "In addition, the court may make any o...

Excerpt: ...tiff's attempts to purchase the subject real property. Specific performance of the real property purchase was the subject of a prior lawsuit also brought before the Superior Court of California, County of Alameda as Guinnane v. Peterson, RG17861212 (the "Specific Performance Action"). In the Specific Performance Action, of which Chess was not a party, Plaintiff was successful. Pursuant to Code of Civil Procedure sections 435(b)(1) and 436(a), Che...

Excerpt: ... amount of $1,000 for rental assistance for Plaintiff. (Declaration of Gia Austin-Carroll ("Austin Dec."), Ex. 1 at p. 6.) Plaintiff asserts that it is undisputed that the $1,000 was paid by the American Red Cross, and that Ms. Smith acknowledged receipt of the $1,000, and she later confirmed that the full $1,500 security deposit was paid. Plaintiff asserts that her tenancy terminated in October 4, 2016. Defendant Dellesia Onifade's ("Defendant")...

Excerpt: ... ("Marin County"). (See Decl. of Mathew Stephenson, Exh. B ["Subpoenas"]). The first two Subpoenas seek a subset of Plaintiff's medical records (from Kaiser) and therapeutic records (from Dr. Cohen, a licensed clinical social worker) in the date range of 1/01/2016 to 12/31/2017. The third Subpoena seeks a subset of Plaintiff's personnel records from her work with Marin County from January 1, 2012 through March 30, 2015, prior to her work with the...

Excerpt: ...ion in this case and that they would be prejudiced by having to litigate this case before the appeal is decided. Plaintiff Chow offers evidence that he is ill and that delay may result in the loss of evidence. The Court has discretion to stay a case in its entirety in the interest of justice. (CCP § 187; Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison (1998) 18 Cal.4th 739, 758 ["The case management tools available to trial courts [inc...

Excerpt: ...s v. Marin (2000) 80 Cal.App.4th 380, 386-387.) "The purpose of section 474 is to enable a plaintiff to avoid the bar of the statute of limitations when he [or she] is ignorant of the identity of the defendant." (Id.) Section 474 allows a plaintiff to file a Doe amendment that relates back to the timely filing of the operative complaint. (Id.) If the statute of limitations had not already run as of the date the Doe amendment was filed, then secti...

Excerpt: ...cts and dangerous conditions at the Property. Amcal Defendants seek to strike the portions of the Fifth Amended Complaint ("FAC") that allege punitive damages and references to the written residential agreements and contractual attorney's fee allegations should their accompanying Demurrer be granted. The Court shall address the punitive damages issue in this ruling, and shall address the other allegations in the ruling on the Demurrer. The Court ...

Excerpt: ...3.1700(b)(2).) Plaintiff's motion is GRANTED IN PART as follows: First, the Court does not find the memorandum of costs' entry for jury fees to be unreasonable and does not exercise any discretion to strike or tax such costs. Plaintiff has provided no evidence or even specific argument regarding why she feels this cost is too high. The case clearly went to trial, and no argument has been made that jury fees were not incurred. Absent more, the Cou...

Excerpt: ...-Complainant shall file and serve a reply brief no later than June 25, 2019. Cross-Complainant alleges that counsel for Cross-Defendant Melva Fonteno ("Cross- Defendant"), Gia Austin Carroll, obstructed two deposition subpoenas issued by the Court on December 18 and 26, 2017, by writing to the subpoenaed parties in letters dated January 9, 2018, instructing them not to obey the subpoenas. Cross- Complainant seeks an order to show cause why Cross-...

Excerpt: ...-Complainant shall file and serve a reply brief no later than June 25, 2019. Cross-Complainant alleges that counsel for Cross-Defendant Melva Fonteno ("Cross- Defendant"), Gia Austin Carroll, obstructed two deposition subpoenas issued by the Court on December 18 and 26, 2017, by writing to the subpoenaed parties in letters dated January 9, 2018, instructing them not to obey the subpoenas. Cross- Complainant seeks an order to show cause why Cross-...

Excerpt: ...rties' meet and confer efforts. Based on the attached emails from Eduardo Robles dated May 20, 2019, and from Candice Hamant dated May 30, 2019, it appears that CBRE is in the process of assembling what Plaintiffs characterized as "[a]ll work orders/emails for the Saratoga Center - Building Two located at 5934 Gibraltar Dr., Pleasanton, CA 94588 for 2014 to 2016, dealing with the bathrooms, restrooms, men's room, ladies rooms, lavatory, facilitie...