Excerpt: ...duled for January 27, 2020. As noted in the moving papers, a motion for summary adjudication generally must be heard at least 30 days before trial. (See CCP sec. 473c(a)(3).) However, the Court for good cause can order otherwise. (See id.) Here, the Court finds several reasons constituting good cause for allowing the hearing on the motion for summary adjudication to be heard less than 30 days before trial. Defendants have provided evidence that t...

Excerpt: ...l, causing injury. Plaintiff subsequently brought this action against Defendant, who he alleges owns and operates the Altamont Landfill. Plaintiff's Complaint alleges three causes of action against Defendant - negligence, premises liability, and negligence per se - each of which sound in negligence and carry the elements of duty, breach, causation, and damages. Defendant now moves for summary judgment, arguing all of the Complaint's causes of act...

Excerpt: ... closing arguments made at trial readily support the jury's findings against defendant on the issues of whether substantial evidence supports the jury's verdict, and whether the specific amounts of damages awarded by the jury were excessive. In addition, the Court rejects defendant's assertions that new trial is warranted due to purported errors of law, orders of the court, or claimed abuses of discretion and irregularities in the proceedings, wh...

Excerpt: ...fendants Alameda Health Systems ("AHS") and Narayan Travelstead Professional Law Corporation's (collectively, "Defendants") Motion to Designate Plaintiff as a Vexatious Litigant. The Court held Defendants had not met the first and second prong of the vexatious litigant statute because the federal and state cases against AHS were still pending and/or on appeal so there had not been any final determinations, and Plaintiffs' subsequent actions did n...

Excerpt: ...tlor's proportionate liability, the amount paid in settlement, . . . a recognition that a settlor should pay less in settlement than he would if he were found liable after a trial, . . . as well as the existence of collusion, fraud, or tortious conduct aimed to injure the interests of nonsettling defendants." (Tech-Bilt, Inc. v. Woodward-Clyde and Assocs. (1985) 38 Cal. 3d 488, 499.) The Court finds the settlement for $10,000.00, which Telgian wi...

Excerpt: ...2010) 48 Cal.4th 788, 797.) Defendant's Request for Judicial Notice demonstrates that Plaintiffs have filed three prior actions alleging some impropriety with nonjudicial foreclosure proceedings against the real property that is the subject of this action, and that those actions have all been decided adversely to Plaintiffs. (See Defendants' Request for Judicial Notice Exhibits 2, 4, 6, 10, and 20.) The Court observes, however, that Defendants di...

Excerpt: ...y of the factual allegations in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal. App. 5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id....

Excerpt: ...by ATS, acting as the collection agency for FCOA, that they owed fees in the amount of $1,378.39. On September 24, 2014, FCOA recorded a Notice of Delinquent Assessment ("the lien notice") in that amount on Plaintiffs' real property. On November 6, 2014, Plaintiffs sent a letter to FCOA and ATS disputing that they owed FCOA the amount indicated on the lien notice. In 2017, FCOA filed a small claims lawsuit against Plaintiffs to collect the debt i...

Excerpt: ...ously existed as ARDA LLC fka Anson's Group LLC, or that it had previously done business under other names. The lease is not attached to the complaint. However, the notice, attached to the complaint as Exhibit 2, quotes paragraph 38 of the lease. The court finds that the plain language of paragraph 38, as stated in the notice, fails to identify a breach of any obligation under the lease, because it merely identifies grounds under which plaintiff ...

Excerpt: ...que Martinez ("Martinez") in a personal injury case he filed in Contra Costa County ("the Contra Costa case") in 2011; Defendants Eric Williams and MacMorris & Carbone were retained by CSAA Insurance Group as attorneys for Ennis Mayberry, the defendant in the Contra Costa case. Later that year, Morgan became attorney of record for Martinez, and Plaintiffs filed a notice of lien in that case. Sometime thereafter, counsel in the Contra Costa case r...

Excerpt: ...ection 835, and common carrier liability under Civil Code section 2100, against both BART and Does 1-25, who are alleged to be BART employees. BART demurs to both claims on behalf of DOES 1-25, arguing there are no facts alleged that establish liability by any individual employees. Neither Government Code section 835 nor Civil Code section 2100 appears to provide for liability by an individual public employee. Furthermore, Plaintiff fails to addr...

Excerpt: ...eement in its current form. In lieu of denying the motion, the hearing on this motion is CONTINUED to January 27, 2020, at 3:00 P.M. in Department 19, Administration Building (Third Floor), 1221 Oak Street, Oakland, to provide the parties an opportunity to revise the Settlement Agreement and provide supplemental material RIGHT TO ORAL OBJECTIONS SHOULD NOT BE WAIVED BY FAILURE TO OBJECT IN WRITING The class notice currently states that "even if y...

Excerpt: ...w Defendant Julia Chung shall respond to the SAC, after it has been served, as provided by the Code of Civil Procedure. "Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading. . . ." (CCP § 576.) Great liberality is afforded a plaintiff to file an amended complaint. (See Cal. Gasoline Retailers v. Regal Petroleum Corp. (1958) 50 C...

Excerpt: ... or City of Oakland heavy weight rules in respect to its drayage operations at the Port of Oakland. Dreisbach also seeks an order requiring PCC to submit compliance reports every 30 days. "In deciding whether to issue a preliminary injunction, a court must weigh 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 nonissuance of t...

Excerpt: ...ests that constitute an undue burden to OUSD. OUSD's argument is that, by slightly varying the content and terms of the requests at issue. OUSD's examples include special interrogatories asking for all persons who "assisted in the preparation of" a board resolution, all persons who assisted in the preparation of the factual findings therein, and the official duties of all persons named in those answers. (Special Interrogatories Nos. 3-5, 8-10, 13...

Excerpt: .... R. Landis, Exh. A.) Accordingly, Plaintiff's motion to compel is DENIED AS MOOT. The adequacy of these further responses is not presently or properly before the Court. The Court cannot appropriately address the amended responses here because the record before the Court in regards to those amended responses is necessarily incomplete, given that they were served after this motion was filed. The separate statements of the parties do not address th...

Excerpt: ...83.310 ["An action shall be brought to trial within five years after the action is commenced against the defendant."].) On July 6, 2015, the Court set a trial date of July 15, 2016. On June 21, 2016, this was continued by stipulation to January 13, 2017. On January 4, 2017, that date was continued to January 26, 2018. On January 10, 2018, the trial date was dropped by stipulation. On May 1, 2018, the Court set a new trial date of April 26, 2019. ...

Excerpt: ...ted claims for fraud, intentional interference with prospective economic advantage, breach of contract and breach of the implied covenant of good faith and fair dealing. The Court has reviewed the unredacted version of the Complaint and the newly redacted Complaint lodged by Plaintiff. The Court notes that Plaintiff has impliedly withdrawn many of the proposed redactions in the original Complaint. Plaintiff's publicly filed Complaint is almost co...

Excerpt: ...h. On 2/15/18, the court issued an order dropping the motion for summary judgment from the calendar without prejudice. The order also stated, "This action is STAYED pending appointment of a personal representative of Mr. Ginn's estate or his successors-in-interest." On 8/7/18, Plaintiffs filed a first amended complaint in which Mrs. Ginn individually and as representative of her husband's estate, asserted claims for wrongful death. Sadly, on 9/5/...

Excerpt: ...laintiffs allege that decedent received poor care, including lack of prescribed physical therapy, lack of assistance with personal hygiene, and unhygienic conditions such as soiled linen. Plaintiffs allege that decedent's health declined in April 2017, because of the lack of care, substandard care, and unhygienic conditions. Decedent was transferred to Highland Hospital in June 2017, where he was diagnosed with clostridium difficile. Plaintiffs a...

Excerpt: ...3, 1255.) In order to state a prima facie claim for punitive damages, a complaint must set forth the elements as stated in the general punitive damages statute, Civil Code section 3294. (College Hospital, Inc. v. Superior Court (1994) 8 Cal.4th 704, 721.) These statutory elements include allegations that the defendant has been guilty of oppression, fraud or malice. (Civ.Code, § 3294, subd. (a).) "Malice" is defined as conduct "intended by the de...

Excerpt: ...d to be heard in January of 2020. By providing an ample amount of time to amend, the Court is attempting to allow Plaintiffs the opportunity to prepare, file, and serve a single amended complaint that takes into account each of the orders on the various motions to strike, including this motion and the other pending motions. This action arises out of an alleged incident that occurred on a moving walkway installed at a supermarket by the Moving Def...

Excerpt: ...rosecuting Plaintiff as part of People of the State of California v. Harrison, Alameda County Superior Court case no. A132658 (the "Criminal Case"), which resulted in Plaintiff's conviction in 2011. Specially, in this civil action, Plaintiff alleges the Moving Defendants' prosecutorial conduct in the Criminal Case has violated Plaintiff's rights to a fair trial, due process, and a constitutional right to a speedy trial. The Moving Defendant now s...

Excerpt: ...No. HF12626309 on September 23, 2013. However, the Court also concluded that the Estate's breach "does not support Plaintiff's claimed entitlement to the 'true assessed value of her community property interest in the real property and business.'" (Aug. 10, 2019 Statement of Decision at p. 7.) "Thus, the damages owed by the Estate for the breach of contract found here are simply contract damages allowed by law." (Id.) "At any time after notice of ...

Excerpt: ...Defendant argues the Courts of the State of Alaska would be a better jurisdiction for Plaintiff's claims to be heard. "Forum non conveniens is an equitable doctrine invoking the discretionary power of a court to decline to exercise the jurisdiction it has over a transitory cause of action when it believes that the action may be more appropriately and justly tried elsewhere." (Investors Equity Life Holding Co. v. Schmidt (2011) 195 Cal.App.4th 151...