Excerpt: ...has sufficiently demonstrated that it followed the procedures in C.C.P. §§ 386 et seq. for filing its Verified Complaint for Interpleader on October 24, 2018 and for seeking an order discharging it from liability as to the full penalty of Bond No. 358562C in the sum of $15,000 issued on behalf of Wooden Window, Inc. (hereafter the "Bond"). (See C.C.P. § 386(a) and (c); see also Sweeney v. McClaran (1976) 58 Cal.App.3d 824, 828.) Under C.C.P. �...

Excerpt: ...2019, the Court granted Crossroads' motion for summary adjudication as to Triangle's quantum meruit claim based on what was essentially a pleading technicality, i.e., that Triangle's Second Amended Complaint failed to expressly allege the quantum meruit claim as an alternative claim in the event that the parties' contract was legally unenforceable. Triangle's proposed Third Amended Complaint corrects that error. (See proposed Third Amended Compla...

Excerpt: ...tiffs for preliminary approval of class action settlement is [UNDECIDED]. The complaint alleges claims for failure to pay vacation wages under Labor Code 510, failure to provide complete and accurate wage statements under Labor Code 226(a), waiting time penalties under Labor Code 203, and a UCL claim. There are approximately 88 members of the class. The case preliminarily settled for a total of $45,050. The settlement agreement states there will ...

Excerpt: ...rst, a claim against a public entity for failure to discharge a mandatory duty must be based on an "enactment." (See Government Code § 815.6.) The NPDES permit attached as Exhibit A to the First Amended Complaint is not an "enactment" as defined by Government Code § 810.6. Although 40 CFR §122.41 is an "enactment," it does not set forth a mandatory duty on which a claim for failure to discharge mandatory duty can be based. Rather, 40 CFR § 12...

Excerpt: ...ragon-Haas v. Family Security 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.) T...

Excerpt: ...hat Plaintiff lacks standing to bring the claims. In reviewing the complaint and the matters of which the court may take judicial notice, the court finds that Plaintiff has not adequately demonstrated her standing as either a borrower or owner who can assert the applicable causes of action. Based on the review of the recorded documents of which the court takes judicial notice, Ms. Valdez has not established that she is the owner of the property a...

Excerpt: ...nce, sections 4 and 8 establish notice procedures for increasing the rent. Civil Code 827 states that "landlords" must give 30 days' notice of changes in lease terms such as the monthly rent due. Ordinance section 4 requires that a "landlord" provide a notice and comply with certain procedures before raising the rent. The gravamen of all the claims is that plaintiffs have paid excessive rent from 7/2015 to the present because defendants failed to...

Excerpt: ... damaged by that misrepresentation. Although Plaintiffs allege SMA had a statutory or contractual duty to disclose that it had purchased Plaintiffs' loan and to provide Plaintiffs with periodic statements and repayment information, they fail to cite any legal authority supporting a common law duty to disclose any of that information that would give rise to a claim for fraud by concealment. In addition, as to Plaintiffs' allegations concerning (1)...

Excerpt: ..., WITH LEAVE TO AMEND to allege facts demonstrating that Mapu Tupou's September 10, 2018 telephone call was authorized or ratified by a managing agent of SMA. (See Civil Code § 3294(b).) The Motion is GRANTED as to paragraph 188, WITHOUT LEAVE TO AMEND. Noncontractual damages (such as tort damages and punitive damages) are not available for breach of the implied covenant of good faith and fair dealing outside the insured-insurer relationship. (S...

Excerpt: ...n 301 of the Labor Management Relations Act because it is unclear which facts form the basis for Plaintiff's causes of action against First Transit and based on the allegations in the Second Amended Complaint, it appears that the causes of action may be based on interpretation of the collective bargaining agreement, which is within the purview of the Labor Management Relations Act. "Claims for wrongful discharge generally are preempted where ther...

Excerpt: ....App.4th 1242, 1246.) On 2/2/18 the court set 8/20/18 as the trial date for phases I and II of this case. On 6/28/18, a ballot initiative that would change the substantive law applicable to the claims in this case qualified for the 11/6/18 election. The ballot measure would add Labor Code 887 (letting ambulance drivers be reachable during mean and rest breaks) and Labor Code 889 (stating that 887 is declarative of existing law and applies to pend...

Excerpt: ...discovery be conducted notwithstanding this subdivision." The "good cause" required by the statute generally requires the plaintiff to show "that a defendant or witness possesses evidence needed by plaintiff to establish a prima facie case." (Lafayette Morehouse, Inc. v. Chronicle Publishing Co. (1995) 37 Cal.App.4th 855, 868.) "The showing should include some explanation of 'what additional facts [plaintiff] expects to uncover....'" (1-800 Conta...

Excerpt: ... face of the challenged pleading or from any matter of which the court is required to take judicial notice." (CCP § 438(d).) A defendant may only make this motion if "the defendant has already filed his or her answer to the complaint and the time for the defendant to demur to the complaint has expired." (CCP § 438(f)(2).) While Code of Civil Procedure section 438 includes various time limits for raising the motion, it is generally understood th...

Excerpt: ...by Defendant NTFVA, LLC. Claimant Richard Hyppa ("Claimant") represented Defendants in this action for fourteen months. Caravalho made promises on behalf of himself and NTFVA, LLC to pay Claimant for the representation, and signed a fee agreement on behalf of himself and on behalf of NTFVA, LLC. In the meantime, on August 2, 2016, Roberta Beoris ("Beoris") amended her Third Amended Complaint in her own suit against Defendants in Beoris v. Caraval...

Excerpt: ...ice and Amended Proof of Service filed on June 19, 2019.) Despite such timely service, Defendant has not filed any opposition. Further, the motion makes a sufficient showing that WFB is entitled to judgment against Defendant on the two causes of action in the complaint filed by WFB on December 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 compla...

Excerpt: ...ns" was filed on April 23, 2018, attaching an "Amended Notice of Lis Pendens" recorded in the official records of Alameda County as instrument number 2018073458 on April 12, 2018. The amended notice refers to a prior instrument recorded on August 31, 2017, as instrument # 2017191876. The Lis Pendens and Amended Notice of Lis Pendens were recorded on behalf of Plaintiffs The Hutton Group, Inc. ("Hutton"), Endvest Holdings, LLC and Endvest, LLC ("E...

Excerpt: ...e to the subpoenas no later than July 23, 2019. IT IS FURTHER ORDERED THAT Wells Fargo Bank produce a person-most-knowledgeable to testify to the topics in Plaintiffs' subpoena to Wells Fargo Bank on a mutually agreeable date no later than July 31, 2019. Plaintiffs brought this action based upon an unsuccessful short sale attempt of a duplex in Berkeley, California between October 2013 and February 2015, which was owned by Mark and Nina Harris (c...

Excerpt: ... "seek[] information protected by the work product doctrine." Although the parties resolved their disputes as to the other interrogatory responses, they did not resolve their disputes as to these, as to which the instant motion was timely served based on a written extension of time. Though there was an email requesting an informal discovery conference, Department 520 does not require such conferences. As to No. 12.5, the motion is GRANTED. Amtrak...

Excerpt: ...rch or theories, which is never discoverable], is not discoverable unless the court determines that denial of discovery will unfairly prejudice the party seeking discovery in preparing that party's claim or defense or will result in an injustice." Here, the parties agree, or at least do not actively dispute, that the purported surveillance video of June 9, 2018, which was taken at the direction of Defendants' attorneys as part of their preparatio...

Excerpt: ...STANDARD OF LAW "The court may, upon a motion . . . or at any time in its discretion, and upon terms it deems proper: (a) [s]trike out any irrelevant, false, or improper matter inserted in any pleading[;] . . . [and/or] (b) [s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." (CCP § 436.) An "irrelevant matter," or "immaterial allegation," means: (1) a...

Excerpt: ...sible evidence demonstrating that it made a disclosure of its intent to require all disputes to be resolved by binding arbitration in compliance with Health & Safety Code § 1363.1. Kaiser's only evidence that it purportedly made that disclosure is the declaration of James Larreta-Moylan, but Mr. Larreta-Moylan admits that Kaiser had not been able to locate any screen-prints showing the actual, entire Conditions of Acceptance/Arbitration Agreemen...

Excerpt: ...aragraphs are irrelevant and prejudicial, citing Evidence Code sections 1155 and 352. Were it not for the lack of relevance discussed below, the court likely would not exercise its discretion to strike these paragraphs based solely on sections 1155 and 352. Those statutes pertain to admissibility of evidence at trial rather than imposing a limit on what may be pleaded in a complaint. Further, section 1155 precludes evidence of insurance only "to ...

Excerpt: ...mmons on the grounds that this Court lacks personal jurisdiction over it. Plaintiffs oppose. LEGAL STANDARDS "A defendant . . . may serve and file a notice of motion . . . [t]o quash service of summons on the ground of lack of jurisdiction of the court over him or her." (Code of Civ. Proc. ("CCP") § 418.10(a)(1).) This motion challenges either a plaintiff's compliance with statutory requirements for service of process or the Court's personal jur...

Excerpt: ...f Action for failure to prevent disability discrimination. Because summary judgment may be granted only if the moving party is entitled to judgment as to all causes of action, the court addresses the motion for summary adjudication as to each cause of action in turn. A. First Cause of Action This cause of action alleges that Roadrunner "discriminated against Plaintiff by terminating his employment because of Plaintiff's disability status." (Compl...

Excerpt: ...ntiff was granted leave to file a First Amended Complaint on May 14, 2019, but has not yet filed the Complaint. The Court further notes that neither defendant has made an appearance in this case. Also, the Settlement Agreement purports to settle PAGA claims, which are not asserted in the currently operative Complaint. Plaintiff was granted leave to file a First Amended Complaint on May 14, 2019 but has not yet done so. The Court is not inclined t...