Excerpt: ...nt Anne J. Levesque's mesothelioma. Plaintiff's Complaint, filed on December 1, 2017, pleaded seven causes of action for negligence, strict liability, negligent misrepresentation, fraud by nondisclosure, vicarious liability based on respondeat superior, premise owner/contractor liability, and loss of consortium. The Complaint also demands punitive damages. Defendant now seeks summarily judgment, or, in the alternative, summary adjudication of the...

Excerpt: ...d. (e); Aragon-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...

Excerpt: ...dget representative that Plaintiff owed money to The Hertz Corporation, and that she had bad credit. Plaintiff alleges that several Budget employees discussed her bad credit and debt owed to Hertz Corporation in front of four other customers. Plaintiff alleges that Budget and Avis falsely represent themselves as two different companies. Plaintiff alleges that ABG committed slander, but she did not file suit until August 20, 2018. The statute of l...

Excerpt: ... ("Leonard"). (See Second Amended Complaint, paragraph 12.) However, Plaintiff alleges that he did not intend to transfer title to the subject property to Larry, Mark, and Leonard at the time he executed the grant deed. (Id.) Instead, Plaintiff believed that in order to validly transfer title, the grant deed would first have to be recorded, and Plaintiff instructed Larry not to record the grant deed. (Id. at paragraphs 12-14.) Plaintiff later exe...

Excerpt: ...mplaint alleging the same causes of action. A second Amended Complaint was filed on 6/14/2019. Plaintiffs allege that they were working at a construction site when the elevated platform on which they were working collapsed, causing them to fall and sustain serious injuries. It is unclear from the complaint precisely what role the defendants had in causing plaintiffs' injuries, as defendants are not plaintiffs' employer. It appears defendants prov...

Excerpt: ... persons similarly situated who have been employed by Defendant as non-exempt electricians in the State of California within the applicable class period [of July 16, 2015 through trial]." Plaintiff's claims of Defendant's policy and practice of failing to abide by applicable Labor laws during the class period are described generally in paragraph 3 of the First Amended Complaint. Defendant contends that this action should be abated because Plainti...

Excerpt: ...th Cause of Action for Negligent Misrepresentation, pursuant to CCP § 430.10(e), is SUSTAINED WITH LEAVE TO AMEND. Plaintiff did not comply with its obligation to plead specific facts supporting each element of its fraud claims against Defendants. See Lazar v. Superior Court (1996) 12 Cal.4th 631, 645 (complaint must contain facts showing how, when, where, to whom, and by what means the representations were made); and Tarmann v. State Farm Mut. ...

Excerpt: ...f action) 'involves' an agreement, in the sense that the action (or cause of action) arises out of, is based upon, or relates to an agreement by seeking to define or interpret its terms or to determine or enforce a party's rights or duties under the agreement, and (2) the agreement contains an attorney fees clause." (Hjelm v. Prometheus Real Estate Group, Inc. (2016) 3 Cal.App.5th 1155, 1170, quoting Douglas E. Barnhart, Inc. v. CMC Fabricators, ...

Excerpt: ...s") opposition is untimely because it was filed and served on November 21, 2019, instead of November 18, 2019. The Court notes that Plaintiff's Motion failed to provide adequate notice as it was served by mail on November 8, 2019 for a hearing set on December 3, 2019, when notice should have been served by mail no later than November 1, 2019. As both parties failed to comply with the Code of Civil Procedure but were able to substantively respond ...

Excerpt: ... truck. The complaint was not served on Martinez until 5/10/2019. On 5/15/2019 Martinez filed an answer in pro per. Martinez retained counsel and a verified answer to the complaint for defendant TSTT was filed on 8/28/2019. Defendants TTST and Martinez filed this motion for leave to amend answer on 10/4/2019. The proposed amended answer simply consolidates the respective answers filed by Martinez and TTST. The proposed amended answer is in all ot...

Excerpt: ... any defendant, cross- complainant, intervenor, or cross-defendant has asserted any claims against the Owner Defendants, so that aspect of the motion is moot. In addition, the register of actions for this case does not reflect that Plaintiff filed any response whatsoever to the 42 facts in the Owner Defendants' Separate Statement. Instead, Plaintiff's opposition Separate Statement contains 25 completely new facts. Plaintiff's failure to respond t...

Excerpt: ...uld find in its favor as to each element of its claims. See Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. Defendant does not have an obligation to present any contrary evidence until the initial burden is met. Id. at 850-851. Plaintiff's motion is based entirely on Defendant's account records and his initial application for an account. The declaration of Donna Toomes, Team Leader of Discover Products, Inc., however, is not suffici...

Excerpt: ...App.4th 763, 772.) Plaintiff's arguments about whether the agreement complied with the requirements of the Rees-Levering Automobile Sales Finance Act (Civil Code § 2981 et seq.), and whether the arbitration provision is enforceable under the Federal Magnusson Moss Warranty Act (15 USC § 2301 et seq.) appear to be misplaced, because Plaintiff has not alleged any claims under either of those statutory schemes. Rather, the only claims Plaintiff ha...

Excerpt: ...ormation concerning facility name, department, section, or location within a facility is unknown. This renders his response to Nos. 6- 9 equally confusing. In addition, Plaintiff's identification of coworkers in Nos. 8 and 9 fails to provide the requested information about the location and period of employment applicable to those coworkers. No. 13-16, 18: GRANTED. Additional specificity is required. Plaintiff's responses are not organized in a wa...

Excerpt: ... IT IS FURTHER ORDERED THAT that Plaintiff/Defendant Singh shall deposit with the Court $3,000.00 per month as security. (See Dec. S. Singh, ¶ 17.) The first security deposit shall be made on January 1, 2020 and on the first day of every following month until further order of this Court or until the matters involved in the consolidated actions have been finally and completely disposed of and resolved, at which point the Court will order disposit...

Excerpt: ...aragraph 6, that Ali would pay Kante $12,500, and Kante would have the right to an additional $14,209.41 through an assignment and lien on Ali's share of any proceeds recovered by Ali "from any and all claims against Mid-Century Insurance, State Farm Insurance, Kevin Dawson or any other entity or person concerning [Ali's] claims concerning or relating to" Ali's house located at 7757 Hanson Drive, Oakland. Kante subsequently filed two motions to e...

Excerpt: ...r relief under Code of Civil Procedure section 473(b). (Mitchell v. Dept. of Transportation (1985) 163 Cal.App.3d 1016, 1021.) When a petition for relief is based on attorney fault and the petitioner is not challenging a default, default judgment or dismissal, the petitioner must establish that the attorney's neglect was excusable. (Tackett v. City of Huntington Beach (1994) 22 Cal.App.4th 60, 65.) The Petition is not accompanied by a declaration...

Excerpt: ...k driver for a company owned and operated by the other Defendants, negligently dropped and reached for his phone while driving, causing an accident and Plaintiffs' injuries. Plaintiffs' Complaint alleges causes of action for negligence, negligence per se, and negligent entrustment/hiring/training/supervision. Plaintiffs' Complaint also requests punitive damages. Defendants now move to strike punitive damages from the Complaint. "The court may, up...

Excerpt: ...ts discretion" to "[s]trikeout any irrelevant, false, or improper matter inserted in any pleading." "In order to survive a motion to strike an allegation of punitive damages, the ultimate facts showing an entitlement to such relief must be pled by a plaintiff." (Clauson v. Superior Court (1998) 67 Cal. App. 4th 1253, 1255 [internal citations omitted].) "In passing on the correctness of a ruling on a motion to strike, judges read allegations of a ...

Excerpt: ... response to J-MM's subpoena, they suspected that J-MM had limited its request to specific job or jobs that it knew did not involve asbestos-containing pipe products. Plaintiffs served their own subpoena on WVWD shortly thereafter seeking all documents regarding WVWD's relationship with J-MM and documents regarding asbestos pipe. WVWD produced roughly 200,000 documents on November 19, 2019. J-MM claims it needs time to review these documents and ...

Excerpt: ...red while driving at the intersection of Laurel Creek Drive and Foothill Drive in Pleasanton when she was hit by a car driven by Defendant Elijah Henry ("Henry"). (See the City's Separate Statement Facts ("SSF") Nos. 15-20 and the evidence cited in support.) A few minutes before the accident, Henry had been inside his car at the Laurel Creek Staging Area when he saw a police patrol car, driven by City of Pleasanton Police Office Matthew Harvey ("...

Excerpt: ...se of operating Moxy Beer Garden, a taproom and restaurant, at the premises, and that it was an intended beneficiary of the lease. Moxy alleges Perez breached the lease by failing to extend the lease at the request of Michael Voisenat, and instead requiring Moxy to execute a new lease, which never occurred. Moxy alleges that Michael Voisenat properly exercised the option to extend by notifying Perez by email of his intent, and seeks to enforce th...

Excerpt: ... Settlement Agreement provides that unclaimed funds will escheat to the Cal. Dept. of Industrial Relations ("DIR") Unclaimed Wages fund. However, according to the DIR's website at , the Labor Commissioner no longer accepts funds payable as a result of the settlement of private litigation. Nevertheless, if the parties (1) enter a modification of the Settlement Agreement containing a proper cy pres designation; and (2) file and serve an appropriate...

Excerpt: ...ervices Agreements with Buildzig to perform funds control and construction management services with regard to six different construction projects. In those Agreements, Dreambuilders is identified as "Owner" and Buildzig is identified as "Consultant." Iron Bridge was a lender on three of the projects and it is identified as one of the "Lenders" in three of the Agreements. Dreambuilders alleges that Buildzig breached all six Risk Control and Funds ...

Excerpt: ...ing or denial of a forum non conveniens motion lies within the court's sound discretion. (Ford Motor Co. v. Insurance Co. of North America (1995) 35 Cal.App.4th 604, 610-611; Stangvik v. Shiley Inc. (1991) 54 Cal.3d 744, 751-752; C.C.P. § 410.30(a).) In exercising its discretion, however, the court must bear in mind that the moving party bears the burden of proving that California is an inconvenient forum. (Ford Motor Co., supra, 35 Cal.App.4th ...