Excerpt: ...rit 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 to an affirmative defense as ...

Excerpt: ... 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.) The court may consider all mat...

Excerpt: ...ded Complaint. Plaintiff Fuller began working for the County of Alameda in its Temporary Assignment Pool ("TAP") in 2006. She worked as a Food Service Worker in the kitchens of Juvenile facilities of the County Probation Department. Plaintiff and other workers in the TAP would fill in for employees who were on vacation or on a leave of absence. Plaintiff and other workers in the TAP also filled vacant positions while managers engaged in the recru...

Excerpt: ...actor's license. WSC alleges that it is entitled, pursuant to Business and Professions Code section 7031(b), to recover all the compensation it paid to MPI, in the sum of $1,969,885.92, under the subcontract. In the Second Amended Complaint in this action, Plaintiff Terrence Johnson dba Masterpiece Painting alleges that he performed work on the Warm Springs Project under the subcontract with WSC, for which it he has been paid. There was an earlie...

Excerpt: ...t." (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.) "As a general rule in testing a pleading...

Excerpt: ...ies and acts of violence on its property but did not provide notices warning that robberies, theft, and violent acts frequently occur in BART stations and cars. Plaintiff further alleges that BART security cameras were inoperable, and the fact that cameras are frequently inoperable is widely known to would-be criminals. Plaintiff also alleges that BART did not have an employee present in the attendant booth at the time of the attack, and it is wi...

Excerpt: ...ased. (Code Civ. Proc., § 430.10, subd. (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...

Excerpt: ...nt with leave to amend. Cross-Complainant filed its First Amended Cross-Complaint on September 3, 2019. Cross-Complainant substantially supplemented its factual allegations in support of its claim of delayed discovery. Cross-Complainant also added allegations that Clark Smith, the Managing Member of CrossLink Networks, LLC, made representations that led Cross-Complainant to believe that it did not need to file a lawsuit to recover the amount owed...

Excerpt: ...iff filed her initial Complaint nearly three years ago. Plaintiff's motion is granted as to Plaintiff's request to supplement her paragraphs 13.1 and 15.1. The Court understands that Plaintiff claims that the District, and in particular Maggie Riddle, gave preference to white administrators within the District and violated the district policy regarding transfers and demotions of administrators. Plaintiff's proposed supplemental language merely su...

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: ...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: ...of law. (Code Civ. Proc. § 437c, subd. (c).) A defendant moving for summary judgment must show either that one or more elements of plaintiff's cause of action cannot be established or that there is a complete defense to that cause of action. (Code Civ. Proc. § 437c, subd. (p)(2).) Once defendant makes this showing, the burden shifts to plaintiff to show the existence of a triable issue of fact regarding the cause of action or defense. (Id.) "Th...

Excerpt: ...t judgment is reasonable based on the criteria set forth in Health & Safety Code section 25249.7(b)(2). The moving papers refer to arm's length negotiations in determining the amount of the civil penalty and references information such as sales records to support argument that the assessed penalties are reasonable. The parties have submitted additional sales information in the form of a declaration from Todd Marcukaitis. While the declaration des...

Excerpt: ... objects that CCIE's motion papers do not include a separate statement under Rule 3.1345(a)(5). CCIE responds that no separate statement is required when "no response has been provided to the request for discovery." (R. Ct. 3.1345(b).) The Court finds that no separate statement was required under Rule 3.1345 and that, even if one were, Plaintiff was not prejudiced by the absence of a separate statement. II. SERVICE OF MOTION ON FAY SERVICING Noti...

Excerpt: ...horized by contract. (Code of Civ. Proc. § 1033.5(a)(10)(1).) Willig offers evidence that its lease with Espresso Roma included an attorney fees clause allowing the party prevailing on a dispute under the lease to recover reasonable attorney fees. (Compl. Ex. A, p.15, § 31 ["If any Party . . . brings an action or proceeding involving the Premises whether founded in tort, contract or equity, or to declare rights hereunder, the Prevailing Party ....

Excerpt: ...as to all causes of action except Breach of Warranty of Habitability and Wrongful Eviction, is ruled upon as follows: The motion for judgment on the pleadings on the First Cause of Action for Breach of Covenant of Quiet Enjoyment is DENIED. In their First Amended Cross-Complaint, Tenants allege that Bay Co. interfered with their tenancy in various ways, and eventually forced them to vacate the premises. This is the basis for the First Cause of Ac...

Excerpt: ...n award of attorney fees and costs that are not related to the anti-SLAPP motion. (569 East County Boulevard LLC v. Backcountry Against the Dump, Inc. (2016) 6 Cal.App.5th 426, 433.) Defendant is also entitled to recover statutory costs as the prevailing party in this action. (Code Civ. Proc., sec. 1032(a)(4), (b).) There is no dispute that Defendant is entitled to recover statutory costs of $538.50 incurred in this action and statutory costs of ...

Excerpt: ...s "All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats." Hobby Lobby employed and employs the employee/witnesses and has their names and contact information. Plaintiffs sought the names and contact information of the employee/witnesses. Following a Belaire-West process, Hobby-Lobby provided the names and contact information to plaintiffs. (Cabral Dec., para 2.) Counsel for pl...

Excerpt: ...ff's response to SSF Nos. 13, 15, and 17-22.) Such tactics made reviewing this motion considerably more time consuming. Plaintiff Deborah Evenich alleges that when she was employed as a teacher at the Steffan Manor School in Vallejo, California, she was exposed to asbestos-containing materials following abatement project conducted in 1997 by defendant Professional Asbestos Removal Corporation and overseen by NAL. NAL propounded comprehensive cont...

Excerpt: ... Bay Co.'s claims for breach of contract and quantum meruit, and (4) for the return of $25,000 held in court escrow is ruled upon as follows: The request for the return of $25,000 held in court escrow is moot. On October 3, 2019, the court ordered that Tenants' funds held by the court pursuant to the court's previous order shall be released upon Tenants' request. The motion to vacate the dismissal entered on September 23, 2019, (and again on Octo...

Excerpt: ...Sunny Slope Water Co. v. Pasadena (1934) 1 Cal.2d 87, 99; Walton v. Bank of California (1963) 218 Cal.App.2d 527, 548.) "The fees for transcripts and copies ordered by the parties must be paid by the ordering party." (7 Witkin, Cal. Proc. 5th Judgm § 135 (2008), citing Gov. Code § 69953; Mt. Shasta Power Corp. v. McArthur (1931) 111 Cal.App. 640, 641.) 2. Respondent's request for $319 in duplication costs for copies of "exhibits" attached to se...

Excerpt: ...and the deposition notice in August 2019. The Court compared the five (5) subjects set forth in the subpoena and notice and compared them with the three (3) subjects in Plaintiff's subpoena served on May 13, 2019. The Court cannot agree with the City's assertion that the five (5) subjects are duplicative or that designating one or more of its employees to appear for deposition will be unduly burdensome in view of the issues in this high-value cas...

Excerpt: ...efore 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 Cal. 2d 844, 851; Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 760-761 [finding that the policy favoring leave to amend is strong].) Generall...

Excerpt: ...il 15, 2019. The date for Plaintiff's compliance with this Order is 10 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. Plaintiff is ORDERED to consult with her disclosed experts Robert Bresee, Thomas Irmiter, and Tamara Spokane, as is necessary, to obtain the information to respond to these interrogatories. If Plaintiff claims she cannot obtain the infor...

Excerpt: ...Street Fitness, Inc.; Fillmore Fitness, Inc.; Mid Market Fitness, Inc.; Superblock Fitness, Inc.; and Transbay Fitness, Inc., which operate Fitness SF locations in the city and County of San Francisco. In his First Amended Complaint, Howell alleges that Fitness SF pays its trainers a percentage basis commission based on its billing to clients and fails to pay its trainers for time spent working without clients, fails to provide off-duty meal and ...