Excerpt: ...nd its non-profit subsidiary, The Institute for Medical Quality ("IMQ") as an Associate Administrator from February 22, 2017 to February 26, 2018. Plaintiff alleges that Defendant Julio Samper sexually harassed her throughout her employment with words and gestures. Plaintiff alleges that Defendants failed to take appropriate corrective action when she reported Defendant Samper's conduct. After taking a medical leave of absence due to her anxiety ...

Excerpt: ...n any county "in which the unlawful practice is alleged to have been committed, ... or in the county in which the aggrieved person would have worked or would have had access to the public accommodation but for the alleged unlawful practice, but if the defendant is not found within any of these counties, an action may be brought within the county of the defendant's residence or principal office." Defendants contend that the alleged unlawful practi...

Excerpt: ... Defined Benefit Plan, and allegedly was involved in the fraudulent dealings alleged in the First Amended Complaint. Plaintiff, proceeding in pro per, states that her former counsel had represented that Solarius was an essential party but failed to include it in this action. Defendants argue that Plaintiff's motion is time-barred under Code of Civil Procedure section 583.210 which requires that "[t]he summons and complaint shall be served upon a ...

Excerpt: ...hat Plaintiff's motion is an improperly filed Motion for Reconsideration. See CCP § 1008(a). Defendants' argument has some merit, though the Court holds that Plaintiff can seek sanctions a second or third time if the underlying factual record changes over time. In this case, however, Plaintiff has made his request based on essentially the same record. There is very little in the Declaration of Andrew Reisman, CEO of Elijah Ltd., that was not exp...

Excerpt: ...rise out of six construction projects. Dreambuilders was the owner of all six properties. In its First Amended Complaint, Dreambuilders alleges it hired Buildzig to provide construction management services, and manage distribution of loan funds, for all six projects. Dreambuilders and Buildzig, along with the construction lender or lenders for each project, entered into six Risk Control and Funds Control Services Agreements ("Agreements"). In tho...

Excerpt: ... accounts. While the injunction is in place, should Defendant wish to make a withdrawal related to his services as medical director or for any other purpose, Defendant must first present the request to the full Board of Directors. Only upon written approval of the full Board of Directors may the withdrawal be made. The court does not impose as a condition of the preliminary injunction a bond or undertaking. (See CCP sec. 529(a).) In deciding whet...

Excerpt: ...s." (Id.) "The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied: (A) [a] provision of law confers an unconditional right to intervene[;] [and/or] (B) [t]he person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impa...

Excerpt: ...t MERS had no interest in the loan and was not a valid beneficiary and that there were irregularities in the assignments and substitutions of trustees, including the assignment to The Bank of New York Mellon because the individuals who signed the various assignments and substitutions did not have authority to do so. (FAC ¶21, 30, 32-112.) CIVIL CODE § 2934a Defendants demurrers to the first cause of action because it is unclear who it is allege...

Excerpt: ...the complaint arose out of his employment with TeneoBio. As such, he cannot be liable for interfering with Plaintiff's employment contract with TeneoBio, because corporate agents and employees acting for and on behalf of a corporation cannot be liable for inducing breach of the corporation's contract. (Mintz v. Blue Cross of California (2009) 172 Cal.App.4th 1594, 1604.) Only noncontracting parties who interfere with the performance of a contract...

Excerpt: ...ntentions, 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.) PLEA IN ABATEMENT A defendant may demur to a complaint on the grounds that "another action [is] pending between the same parties on the same ca...

Excerpt: ...e treat the demurrer as admitting all material 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.) Unless a heightened pleading standard applies, a complaint nee...

Excerpt: ...suant to Code of Civil Procedure section 425.16(c)(1). In their moving papers, Defendants sought to recover $51,322.50, based on legal fees of $44,392.50, statutory costs of $1,800, and costs of $5,130 for the expert testimony of Benjamin Shatz. The motion is supported by the declaration of Benjamin J. Shatz, a Certified Specialist in Appellate Law, who is offered as an expert witness. He opines that the requested hourly rates of $150 for paraleg...

Excerpt: ...e treat the demurrer as admitting all material 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.) Unless a heightened pleading standard applies, a complaint nee...

Excerpt: ...e, sec. 1043(b)(3).) A showing of "good cause" under section 1043 is established if the party seeking records demonstrates through affidavits a "plausible factual foundation" for how the records are material to the subject matter of the pending litigation. Materiality is measured by relatively relaxed standards that serve to insure the production of all potentially relevant documents. (Riske v. Superior Court (2016) 6 Cal.App.5th 647, 655.) Defen...

Excerpt: .... In their earlier motion, Petitioners argued that the Respondent's mechanic's lien is invalid because Respondent failed to give notice to a purported construction lender. The Court initially tentatively denied the motion but continued the motion to allow for an evidentiary hearing on contested issues of fact. In the Petition before the Court today, Petitioners seek relief solely on the separate grounds that Plaintiffs' action to enforce the lien...

Excerpt: ...ugust 2, 2013. The subject property included a warehouse. This unlawful detainer action was commenced upon the expiration of a 3-day notice to quit, alleging that lessee Silverado Contractors, Inc. ("Defendant"), which operated a concrete and asphalt recycling facility at the premises, had breached material covenants of the lease by using the property for an illegal purpose (i.e., operating its business in violation of various Oakland municipal o...

Excerpt: ...r Code of Civil Procedure section 664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first." The court's record reflects that the courtroom clerk served the Decision and Order on the parties by mail on 8/9/19. Defendants filed their memorandum of costs on 8/26/19. The fifteenth day after the 8/9/19 service date was 8/24/19, a Saturday. The memorandum of costs ...

Excerpt: ...ny 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) an allegation that is not essential to the statement of a claim or defense; (2) an allegation that is neither pertinent to nor supported by an otherwise sufficient claim or defense; or (3) a demand for judgment requesting relief not supported by ...

Excerpt: ...cause of action exists against the party upon whom service is to be made or he or she is a necessary or proper party to the action[;] [or] (2) The party to be served has or claims an interest in real or personal property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding the party from any interest in the property." (CCP § 415.50(a).) "The court shall order ...

Excerpt: ...ended her complaint to substitute Defendant Doe 1 with Renoir. OHA states that it used Renoir's temporary staffing services to hire a temporary worker to make repairs to the staircase where Plaintiff slipped and fell. Renoir then made this motion seeking to be dismissed from Plaintiff's complaint and summons on the basis of sovereign immunity and Plaintiff's failure to exhaust her remedies before a tribal court. After the initial hearing on this ...

Excerpt: ...e, involving, but not necessarily limited to, "a manual search of the Outlook accounts of Will Jones and Carl Curry;" the "electronic information from Karen Hafstad and Karen Moubara," which was anticipated to be received by October 28, 2019; and the "results of those searches," which were anticipated to be completed by November 4, 2019. To the extent the documents and information referenced by or resulting from the above have not already been co...

Excerpt: ...etitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) the right to compel arbitration has been waived by the petitioner; or (b) grounds exist for the revocation of the agreement." (CCP § 1281.2; see also CCP § 1281.7; cf. 9 USC §§ 1 et. seq.) Plaintiff filed her Complaint on July 22, 2019, alleging various causes of action in connection ...

Excerpt: ...premises of Plaintiff at the Property; and (3) possessing, selling, using, or destroying any of the business assets or property of Plaintiff located within the Property, until further order by the Court. "A trial court may grant a preliminary injunction upon a showing that (1) the party seeking the injunction is likely to prevail on the merits at trial, and (2) the 'interim harm' to that party if an injunction is denied is greater than 'the [inte...

Excerpt: ...l.App.4th 1058, 1068.) Here, Plaintiff's motion must be DENIED. Initially, Plaintiff's motion suffers from fatal procedural defects. Plaintiff did not file or serve her motion at least 16 court days before the hearing, as required, and, in fact, only filed it on October 21, 2019, 13 court days before the hearing. (See CCP § 1005(b).) Plaintiff has not, to date, filed a proof of service. Nonetheless, Defendant Sutter Bay Hospitals dba Eden Medica...

Excerpt: ...e policy favoring leave to amend is strong. (See Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 760-761.) Here, the main purposes of Plaintiffs' proposed amendment is to assert an affirmative defense based on waiver and estoppel. (See Dec. K. Jones, para. 7.) Trial in this matter is set for October 13, 2020, almost one year away. While Plaintiffs accuse Defendant of delay, the amount of time between the initial Answer and the filing of this mo...