Excerpt: ...ent was expressly conditioned on court approval by the bankruptcy court, which it granted. Nevertheless, Anabo and PI2016 did not close the transaction, and Anabo received court approval to sell the Property to Defendants Mansour Ghanbari and Danny Leung. Defendant Tony Anabo demurs to the Third Amended Complaint on the grounds that it still fails to state a cause of action. Defendants Ghanbari and Leung demur on grounds that they are not proper ...

Excerpt: ...l 4, 2019. Colony seeks only to seal five pages (pages 201 through 205 of the Opgenorth Declaration) containing Colony's Claim Handling Guidelines. Colony provides evidence that the information in these pages is not generally known to the public or to Colony's competitors in the insurance market. Colony views these guidelines as part of its competitive advantage for providing efficient customer service in competition for insurance customers. Colo...

Excerpt: ...nder these facts, trial preference pursuant to Code of Civil Procedure section 36(a) is warranted. The Court directs the parties to meet and confer before the hearing regarding the following issues on which they are to update the Court, and/or report whatever agreements they may have reached, at the hearing: 1) The completion, or status and anticipated completion, of Plaintiffs' depositions; 2) A trial date 3) Whether all parties will stipulate t...

Excerpt: ...erence. Plaintiff's medical records demonstrate that she has mesothelioma, but they provide no useful information about her prognosis, anticipated treatment, or any potential limitations on her ability to participate in this litigation. In addition, at her deposition n March, she testified that her last CAT scan was clear and she didn't now if she would need more treatments. While an attorney declaration may suffice in a Code of Civil Procedure s...

Excerpt: ...ative Fault, the Fifth Cause of Action for Contribution, and the Sixth Cause of Action for Declaratory Relief, as unopposed. (See Cross-Complainants' opposition brief at page 1:16-18.) As to the First Cause of Action for Express Contractual Indemnity, the Motion for Summary Adjudication is GRANTED. Deacon and LaPlante seek equitable indemnity for the injuries claimed by Plaintiff Calvin Wallace ("Plaintiff") pursuant to a Standard Form Subcontrac...

Excerpt: ...§ 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 denial of the motion." (C.C.P. § 437c(b)(1); see also United Cmty. Church v. Garcin (199...

Excerpt: ... an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . , or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs." (CCP § 437c(f)(1).) "A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty." (Id.) "[T]he party moving for summary judgment bears t...

Excerpt: ...ndment of any pleading. . . ." (CCP sec. 576.) The policy favoring leave to amend is strong. (See Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 760-761.) Here, the main purpose of Oakland Unified's proposed amendment is to add to the FACC as cross- defendants: (1) Gateway Insurance Company, Inc., doing business as Alano Insurance Company, Inc. ("Alano"), and (2) Michael G. Jordan, an individual. Alano is allegedly an insurer who has or had a ...

Excerpt: ...e First Amended Complaint. Defendant County answered the First Amended Complaint on September 2, 2015. On February 2, 2016, the Court granted the County's unopposed Motion for Judgment on the Pleadings without leave to amend. The County asserted that Plaintiff could not proceed because it had not complied with its obligation to present a government tort claim pursuant to Govt. Code § 911.2. The Court declined to consider Plaintiff's opposition f...

Excerpt: ...nal Infliction of Emotional Distress dated December 20, 2018. The original hearing dates was August 23, 2018. The hearing date was continued to October 30, 2018, after the Court granted Cross- Defendant's Ex Parte Application for Relief pursuant to CCP § 473(b). On October 30, 2018, the Court continued the hearing to December 13, 2018 due to the parties' failure to comply with their procedural obligations. The Court takes notice of its order of ...

Excerpt: ...es of action. Due to a continuance and judicial reassignment, this demurrer was not heard until April 2, 2019, and was taken under submission. On April 11, 2019, the Court issued an order sustaining without leave to amend the Demurrer as to the First through Fourth Causes of Action, and sustained with leave to amend the Demurrer as to the Fifth through Eighth Causes of Action. At issue here is the First Cause of Action for accounting. In the Apri...

Excerpt: ...019. The Motion to Compel is denied because Plaintiffs failed to file the motion within forty five (45) days of the response date. See CCP § 2030.300(c); and Vidal Sassoon, Inc. v. Superior Court (1983) 147 Cal.App.3d 681, 685. Plaintiffs' Motion to Compel was filed on May 21, 2019. Plaintiffs did not provide any evidence to show that Defendant granted counsel an extension of the 45-day deadline. Defendant's request that the Court order Plaintif...

Excerpt: ...ing to keep two distinct and different transactions apart. In addition, consolidation could lead to prejudice for the parties as the juries form opinions arising from one transaction which includes additional third parties and transpose those opinions onto the second transaction which includes other and distinct third parties. PLEASE NOTE: The above tentative ruling will automatically become the court's final order on June 13, 2019, unless, by no...

Excerpt: ... his claims in the Third Amended Complaint. See CCP § 391.3(a); and Golin v. Allenby (2010) 190 Cal.App.4th 616, 640-641. The declarations of attorney C. Hay-Mie Cho and Defendant Smith, which contain numerous hearsay statements, are not sufficient to authenticate the many documents Defendants ask the Court to consider. The two-paragraph letter of Ann Stallcup, Parole Case Records Administrator, dated May 7, 2019, does not sufficiently buttress ...

Excerpt: ...is GRANTED for the convenience of witnesses under section 397, subdivision (c). Best Buy is ORDERED to pay the costs of transfer. LEGAL STANDARDS On timely motion before the deadline for a defendant's responsive pleading, the Court must transfer venue if it is "not the proper court" to hear an action under the venue statutes. (Code of Civil Procedure ["CCP"] § 396b.) The Court has discretion to order that the place of trial be changed to another...

Excerpt: ...5 Amador St., Hayward. Prior to the hearing, counsel shall telephonically confer to address, among other things, the court's following inclinations or observations about the disputes raised in the motion. (1) Plaintiff's opposition memorandum focuses largely on the asserted "tax return privilege" described in Webb v. Standard Oil Co. of Cal. (1957) 49 Cal.2d 509, 513- 514. This appears to be implicated as to RPDs Nos. 55 (which seeks the work pap...

Excerpt: ...t on January 9, 2019. Plaintiff was 64 years old when the Complaint was filed. He is African American. Plaintiff alleges that he worked at the Bear's Lair in Berkeley from August 28, 2017 until he was terminated on February 23, 2018. Compass Group USA, Inc., doing business as Chartwells Food Service, provides student dining service to the University of California pursuant to contract. Plaintiff worked as a bartender and waiter at the Bear's Lair....

Excerpt: ...ranted only if the entire "action has no merit" - i.e. where "there is no triable issue as to any material fact and ... the moving party is entitled to judgment as a matter of law" as to the entire complaint. (C.C.P. § 437c(a) and (c).) "On a motion for summary judgment, if a single issue of fact is found, the trial court is powerless to proceed and must allow such issue to be tried." (Lynch v. Spilman (1967) 67 Cal.2d 251, 271.) Because summary...

Excerpt: ...fendants oppose. Cross-Defendant Michael Vinding specially moves to strike Defendants' Cross- Complaint as a strategic lawsuit against public participation ("SLAPP") under Code of Civil Procedure section 425.16. Defendants oppose. For the reasons discussed below, Defendants motion for reconsideration is DENIED, HOA's demurrer is OVERRULED and its alternative motion to strike is DENIED. Vinding's special motion to strike is DENIED AS MOOT and Defe...

Excerpt: .... In addition, Plaintiff's entire argument (Plaintiff not having filed a memorandum of points and authorities in support of her application) appears to be based on the contention that the real property that is the subject of this action was never validly transferred to her, because the grant deed transferring title to her was not signed by the actual property owner. If the subject property was never validly transferred to Plaintiff, she has no st...

Excerpt: ...Plaintiffs appear to allege that Franklin violated these statutory provisions by (1) recording a Notice of Default and Substitution of Trustee pursuant to a "fraudulent and forged Deed of Trust" based on a misrepresentation that it had a beneficial interest in the notes secured by the subject Deed of Trust (see Second Amended Complaint, paragraphs 50-53 and 62), and (2) failing to contact Plaintiffs prior to recording a Notice of Default, purport...

Excerpt: ... 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 parts in their context. [Citation.]" (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) "Liberality in permitting amendment is the rule, if a fair opportunity to correct any defect has not been gi...

Excerpt: ...703 Mathew Street, Berkeley, California (the "Property"), and for a stay until the defendants "cure and correct" the alleged violations, is DENIED. In deciding whether 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 ...

Excerpt: ...ocedure section 397 and California Government Code section 12965(b)." In the supporting memorandum, Defendants include a paragraph arguing that the "convenience of witnesses and the ends of justice would ... be promoted by the change to Stanislaus County" under Code of Civil Procedure ("C.C.P.") section 397(c), but this is not stated as a separate ground for the motion in the notice of motion. (See Notice of Motion, p. 2; Memo., p. 7.) As to the ...

Excerpt: ...Cal. R. Ct., Rules 3.1110(a), 3.1112(a)-(b), 3.1113(b).) "The court may construe the absence of a memorandum as an admission that the motion . . . is not meritorious and cause for its denial[.]" (Cal. R. Ct., Rule 3.1113(a).) As a threshold issue, Defendant has failed to comply with the procedural requirements for the Motion and on that basis, the Court DENIES Defendant's Motion. STANDARD OF LAW Defendant's Motion is essentially a motion to remov...