Excerpt: ... car turning right onto Powell Street while exiting eastbound I-80. The accident occurred on March 22, 2016. The Court notes that the driver of the vehicle that struck Plaintiff is not a party to this case. Plaintiff retained attorney Stephen H. Cornet to handle her personal injury case. On May 24, 2016, Mr. Cornet delivered a letter to Assistant City Attorney Andrea Visveshwara by electronic mail making a public records act request. Mr. Cornet w...

Excerpt: ...deposited at least 600 escrow checks into her personal bank account. Old Republic is suing Citibank in this action for negligence. Citibank recently filed a Demurrer to Plaintiff's First Amended Complaint. The Court declines to stay the action or stay just discovery at this time. Although no formal charges have been filed by the District Attorney's office or the U.S. Attorney against Nguyen, the agreed factual record certainly supports an inferen...

Excerpt: ...nd signed by the Court did not waive their right to file a motion to amend the judgment. Homeowners seek to set aside the judgment entered on September 17, 2019 and enter a new judgment that is modified in the following respects. First, Homeowners seek to reduce the amount of the judgment awarded to U Unlimited from $245,998.26 to $149,115.70, to account for the judgment of $96,882.56 that Homeowners were awarded against U Unlimited. Second, Home...

Excerpt: ... of contract. Therefore, Spanier is entitled to his attorneys' fees for defeating that claim. (See, e.g., Santisas v. Goodin (1998) 17 Cal.4th 599, 611.) The Court determines that U Unlimited is the prevailing party on the contract for the reasons discussed in the Court's order on the motion by Homeowners to set aside judgment and enter new judgment, also heard this date. The parties' contract (at section VII) provided for attorneys' fees to the ...

Excerpt: ...st Bush, from August 5, 2019 to August 26, 2019. Defendant Cardinale's Cross-Complaint was not a part of the trial because the Court struck it and she did not file an Amended Cross-Complaint. On August 26, 2019, the jury returned a special verdict finding that Plaintiff failed to meet her burden of proof as to any claim in her pleadings and that Cross-Complainant Caron failed to meet her burden of proof on her Cross-Complaint. Judgment Creditor's...

Excerpt: ...izes Caron to recover $435.00 for the initial filing fee. 2. Bush's objection to the $1,000.00 in filing fees for Caron's Joinder in the Motion for Summary Judgment of Cardinale and for her own Motion for Summary Judgment is GRANTED IN PART. Bush correctly notes that the Joinder was procedurally deficient and would not have been granted even if the Court had granted Cardinale's Motion for Summary Judgment. See Frazee v. Seely (2002) 95 Cal.App.4t...

Excerpt: ...ggests that the video and screen shots at issue could be used for the purpose of derailing a train running along the non-public train right-of-way depicted in the video. Union Pacific has sufficiently demonstrated that, as to the unredacted documents lodged with the court conditionally under seal on September 26, 2019, and identified more specifically below: (1) there exists an overriding interest that overcomes the right of public access to the ...

Excerpt: ...agreement, after the Hayward property is sold, the net proceeds shall be placed in an escrow account, and the Lathrop property will then be appraised. The parties agreed to use that appraisal to calculate the difference between the net proceeds of the Hayward property sale and the appraised value of the Lathrop property. Thus, Plaintiff seeks an order directing the Receiver to have a new appraisal done, and to use the new appraisal to calculate t...

Excerpt: ...ded that the action has no merit or that there is no defense to the action or proceeding." (CCP § 437c(a)(1).) "A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit ...

Excerpt: ...4, 2019. The scope of the questions is limited to the deponent's recollection of events relevant to the claims against Alta and Marconi in this case. Mr. Cantley shall provide written responses under oath no later than December 10, 2019. Defendants may then submit 20 follow-up questions each by December 16, 2019, and Mr. Cantley shall provide written responses under oath by December 20, 2019. Plaintiffs seek an order excusing Robert Cantley from ...

Excerpt: ...ed Complaint without leave of court. Although a plaintiff may amend the pleadings once in response to a demurrer without obtaining leave of court, subsequent amendments require leave of court. (Code Civ. Proc., sec. 472; Hedwall v. PCMV, LLC (2018) 22 Cal.App.5th 564, 578- 579.) For that reason, the Second Amended Complaint is deemed stricken. Although the demurrer to the First Amended Complaint is not mooted by the Second Amended Complaint, the ...

Excerpt: ... that his agreement is unenforceable. For the reasons stated below, Plaintiff's motion is DENIED. This action shall be stayed pending a final determination at arbitration. LEGAL STANDARDS The Federal Arbitration Act ("FAA") (9 U.S.C. §§ 1 et seq.) embodies a "liberal federal policy favoring arbitration agreements, notwithstanding any state substantive or procedural policies to the contrary." (Moses H. Cone Memorial Hosp. v. Mercury Constr. Corp...

Excerpt: ...arguments raised in opposition to the demurrer to the fifth and sixth causes of action. First Cause of Action for Violation of Civil Code 2923.5 and Second Cause of Action for Violation of Civil Code section 2924.17. The demurrer to the first and second causes of action for Violation of Civil Code section 2923.5 and 2924.17 are SUSTAINED WITH LEAVE TO AMEND. While Plaintiff has alleged sufficient facts to show that Defendant did not contact plain...

Excerpt: ... 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, 318.)...

Excerpt: .... Reddy is trustee of a business that owns and manages apartment buildings in Berkeley, including two located at 2070 and 2076 University Avenue. On July 3, 2019, Jiboku posted a review of an apartment at 2076 University Avenue on Yelp in which he criticized how the apartment buildings at both 2070 and 2076 University Avenue were managed. As part of his posting, Jiboku also stated, "The main thought I will always be haunted by, is that, the real ...

Excerpt: ...liens by Plaintiffs Amamgbo & Associates, Emeziem & Others, and Daniel Donner (collectively "Plaintiffs") in an underlying personal injury lawsuit in Contra Costa County Superior Court, which motion was granted. Following the court's order granting the motion in the underlying personal injury case, Defendants disbursed the settlement funds in compliance with that order, without paying any money to Plaintiffs pursuant to their liens. Subsequently,...

Excerpt: ...ion for negligent misrepresentation. (Alliance Mortg. Co. v. Rothwell (1995) 10 Cal.4th 1226; Reid v. Moskowitz (1989) 208 Cal.App.3d 29, 32.) The court therefore STRIKES Paragraph 224 from the Second Amended Complaint. For the reasons discussed in the concurrent demurrer, the court finds that Plaintiff has alleged sufficient facts to support a claim for Intentional Misrepresentation and the cause of action is not barred by the applicable statute...

Excerpt: ... 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: ...t ASI Computer Technologies, Inc. and the company's Chief Executive Officer. Marcel Liang is identified as one of the founders of ASI Computer Technologies, Inc. Plaintiff claims that he sued them for fraud because they both controlled the activities of ASI Computer Technologies, Inc. Plaintiff dismissed Defendants just before the commencement of trial in November 2018. Plaintiff's Motion to Tax Defendants' expert fees is GRANTED. Defendants' req...

Excerpt: ...) on the grounds that Plaintiffs failed to timely file an amended complaint, failed to seek leave of court to do so after the permitted time expired, and failed to provide the Court with a valid reason for the delay. (See Ntc. of Mtn., p. 2; Def.'s Memo., pp. 3-4.) Defendants have submitted evidence that Plaintiffs failed to timely file their SAC after Defendants' demurrer to the First Amended Complaint ("FAC") was sustained, and that Plaintiffs'...

Excerpt: ... cases raise essentially the same issues and assert the same claims. The earliest such case, Rittmann, et al. v. Amazon.com, Inc., was filed in the U.S. District Court for the Western District of Washington as a putative class action. Based on the current definition of the putative class, Plaintiff Reynolds would be a member if such a class were certified at a later time. As of this date, the parties in Rittmann have completed their briefing on A...

Excerpt: ... equitable grounds even if statutory relief is unavailable." (Rappleyea v. Campbell (1994) 8 Cal. 4th 975, 981.) "One ground for equitable relief is extrinsic mistake-a term broadly applied when circumstances extrinsic to the litigation have unfairly cost a party a hearing on the merits." (Id.; see also Weitz v. Yankosky (1966) 63 Cal. 2d 849, 854-855.) In order to receive equitable relief for extrinsic mistake, the moving defendant must meet thr...

Excerpt: ...ce IQ LLC, "PIQ") to Quash Service of Summons and Complaint for Lack of Personal Jurisdiction is GRANTED. On a challenge to personal jurisdiction by a motion to quash, the plaintiff has the burden of proving, by a preponderance of the evidence, a factual basis justifying the exercise of jurisdiction. (See ViaView Inc. v. Retzlaff (2016) 1 Cal.App.5th 198, 209-210.) Plaintiff Performance Max Inc. ("PMI") fails to do so here. Personal jurisdiction ...

Excerpt: ...ial Interrogatory No. 19; Special Interrogatories, Set Three, Special Interrogatory No. 20; Special Interrogatories, Set Three, Special Interrogatory No. 21; and Special Interrogatories, Set Three, Special Interrogatory No. 22. The further responses must be served within 30 days from the date of service of notice of entry of this Order, as modified for method of service under Code of Civil Procedure section 1013. Defendant's primary argument in o...

Excerpt: ...hom 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 the summons to be published in a named newspape...