Excerpt: ...ion provided to Plaintiff by Defendant. Plaintiff alleges that an order of restitution in the amount of $3,052,148.40 was entered against her in the underlying criminal proceeding. Plaintiff alleges that the order of restitution resulted from professional negligence, fraud, breach of fiduciary duty, and breach of contract committed by Defendant during his representation of her. In support of his demurrer, Defendant provides court records from the...

Excerpt: ...egligent Hiring, Training, and Supervision, and (5) Conspiracy. Then, following the prayer for relief and several pages of proofs of service, there is a Judicial Council form Complaint "Second" Cause of Action for "Intentional Tort," and a Judicial Council form Complaint "First" Cause of Action for "General Negligence." For purposes of clarity, the Court will refer to the cause of action for "Intentional Tort" as Plaintiff's Sixth Cause of Action...

Excerpt: ...n Everywhere SF Bay Area, and Wayne Hsiung, filed opposition to the Ex Parte Application for Temporary Restraining Order. On October 4, 2019, the court granted a Temporary Restraining Order ("TRO") enjoining Defendants Direct Action Everywhere , Direct Action Everywhere SF Bay Area, and Wayne Hsiung, their officers, directors, employee, agents, and all those acting in concert with them from entering any Whole Foods Market store in California and/...

Excerpt: ...r Defendants Amber Olson, Dori Olson in this action given that neither party resides at the address listed and counsel for Plaintiff had knowledge of this fact, but served the complaint and summons anyway. (See C.C.P. § 415.20(b); C.C.P. § 418.10(a)(1).) Further, the court is concerned by the allegations in the motion that counsel falsely stated under oath regarding his knowledge of the legal residences of Defendants, as well as Defendant Amber...

Excerpt: ...e statement of decision resolved several petitions and stayed the petition under section 850. On 7/10/17, the court entered judgment. The Grogans filed an appeal. On 4/19/19, the Court of Appeal affirmed the judgment. On 6/27/19, the remittitur was filed in this case. On 8/2/19, in RP13-698276, the minutes of the court state, "Attorney Sullivan [representing Robert Grogan] confirms that the Grogan's beneficial interest in the Marshman Trust has b...

Excerpt: ...iffs that monthly benefits not claimed by age 60 will be forfeited, reducing the lifetime value of the pensions. (Cpt para 6, 68(d); 2AC, para 4, 5, 6, 72; Oppo at 1:4-8; 2:11-13.) 3:17-24, 4-5.) The Regents asserts that plaintiffs use terms such as "vested pension right", "right to immediate payment", and "forfeiture" contrary to California law. The court will not issue orders on word choice. The court understands that the claim for breach of fi...

Excerpt: ...cedure section 512.060(a)(1). Plaintiff asserts that Defendant Azure Sky Dufaux defaulted on the agreement to pay attorney's fees, and this is not disputed. Plaintiff has attached the guaranty executed by AGLLC, in which it agreed to guarantee the obligations of Defendant Azure Sky Dufaux under the attorney representation agreement. Plaintiff has attached documents establishing AGLLC's ownership of the vehicles and Plaintiff's UCC-1 liens on each...

Excerpt: ... Amended Complaint and Second Amended Complaint filed in the related case, Alameda County Superior Court Case No. RG17875657, the court finds that the allegations and causes of action alleged in the present complaint and the three complaints filed in Case No. RG17875657 involve the same incident, the same facts and the same claim for damages. A final judgment on the merits has been entered in Alameda County Superior Court Case No. RG17875657 was ...

Excerpt: ..., the 2AC alleges that Plaintiff went to an XPO warehouse, that William from Peloton instructed plaintiff on how to assemble Peloton bikes, that Plaintiffs assembled Peloton bikes in the warehouse, that Plaintiff delivered Peloton bikes, and that Peloton advertises that "all Peloton bikes are brought to you with our own ... delivery and assembly service." (2AC, para 44-48.) Regarding other defendants, the 2AC asserts that Plaintiff was paid by Fr...

Excerpt: ... salary from November 20, 2017 to December 31, 2017. Plaintiff alleges that Defendant stopped paying her salary without explanation on December 31, 2017, and did not pay her from January 1, 2018, until she was terminated on May 16, 2018. Count I appears to be a claim for breach of contract, but Plaintiff has not clearly alleged the source and terms of any agreement by Defendant to pay a salary to employees during periods of indefinite paid admini...

Excerpt: ...o office. Defendant was required by the Judgment to deliver letters to all of his "clients" by certified mail to inform them that they could request a refund of the fees they paid him. Defendant was required to make restitution within 90 days of receiving a request for a refund. The Court declines to grant the People's motion because the Judgment itself requires Defendant to comply. Defendant has elected not to comply. The Court concludes that it...

Excerpt: ...ere Plaintiff Braden-Robinson was prevented or delayed from entering certain real property to recover her belongings. Six of the seven causes of action are brought against Defendant Hamby. Defendant Hamby has demurred to two of those six causes of action against him. SECOND CAUSE OF ACTION - BATTERY Defendant Hamby argues the FAC's Second Cause of Action for Battery must fail because Defendant Hamby's alleged employee or agent, Defendant Paul Lan...

Excerpt: ...ndants"), the owners of Defendant FastTrack Airport Parking, Inc. ("FastTrack Inc."), are personally liable for Plaintiffs' injuries caused by FastTrack Inc., because the alter ego doctrine dictates that the limited liability protections that usually insulate owners of corporations from personally liability for corporate debts do not apply under the circumstances of the case. The Mann Defendants now move for summary judgment as to Plaintiffs' ope...

Excerpt: ...t DODG Corporation ("DODG"), the landlord of Defendant FastTrack Airport Parking, Inc. ("FastTrack Inc."), is liable for Plaintiffs' injuries caused by FastTrack Inc., because the single enterprise/alter ego doctrine dictates that the limited liability protections that usually insulate separate corporations from liability for the other corporation's debts do not apply under the circumstances of the case. DODG now moves for summary judgment as to ...

Excerpt: ...ear and reasonable in compliance with Health & Safety Code section 25249.6; (C) the reimbursement of $9,395.99 for fees and costs to be paid to Plaintiff for its in-house legal fees pursuant to the CJ is reasonable under California law; and (D) the civil penalty of $47,268.00 to be paid pursuant to the CJ is reasonable based on the criteria set forth in Health & Safety Code section 25249.7(b)(2); (E) the reimbursement to Plaintiff of $4,134.95 fo...

Excerpt: ...s has provided no declarations accompanying his motion at all. While Defendant has labeled certain sections of his moving papers as "declarations," none of these are under oath, and, in fact, no statement made anywhere in the moving papers is under oath. (Defendant's moving papers do make several references to "Declaration of Bryan Michaels at [Paragraph] 3," but the Court was not able locate any filed declaration under oath, much less a declarat...

Excerpt: ...AC is SUSTAINED WITHOUT LEAVE TO AMEND. As all of the demurrers as to all causes of action are SUSTAINED WITHOUT LEAVE TO AMEND, the 4AC is DISMISSED. OVERVIEW This lawsuit stems from a food and beverage distribution agreement gone awry. The parties previously litigated the core issues at stake here in AJY International, Inc. v. Paldo Co., Ltd., Northern District of California Case No. 17-cv-00744-VC, and, before removal to federal court, Superio...

Excerpt: ...stee declined to execute the verifications for the defunct corporations. Counsel also advises that he recently executed the verifications himself and delivered them to Plaintiff's attorneys. See Melendrez v. Superior Court (2013) 215 Cal.App.4th 1343, 1354. Plaintiff correctly points out that the Court is required to award reasonable attorney's fees as a discovery sanction even if the opposing party complies with its obligation late. See CCP § 2...

Excerpt: ...n fact, shortly after this motion was filed, the Court rejected Plaintiff's request to have a default judgment entered against Defendant Lapham. (See Court Order of 10/4/2019.) However, Defendant Lapham is and remains in default. Should Defendant Lapham wish to set aside the default entered against him, he will need to cite to appropriate authority (generally, but not always, Code of Civil Procedure section 473(b)), present arguments clearly appl...

Excerpt: ...he state in which the unlawful practice is alleged to have been committed, in the county in which the records relevant to the practice are maintained and administered, 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...

Excerpt: ...ion 1008(b). Defendant has not met the procedural requirements for bringing a motion under Code of Civil Procedure section 1008(b), which requires new facts, a satisfactory explanation by the moving party, and reasonable diligence. Defendant asserts that it is a "new fact" that an order of dismissal was entered by the Court in this matter on June 29, 2016. This is not a new fact, because it occurred over three years before Defendant's original mo...

Excerpt: ...was exposed to asbestos in brake products sold by O'Reilly. Plaintiffs oppose. For the reasons discussed below, O'Reilly's motion for summary judgment is DENIED. LEGAL STANDARDS The purpose of summary judgment procedures is to allow this Court to "cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute." (Miller v. Fortune Commercial Corporation (2017) 15 Cal...

Excerpt: ...perty") to herself and Tinsley as joint tenants. Glaude alleges that thereafter, Senora Glaude executed the Senora Glaude Trust, in which she transferred her interest in the property to herself as trustee of the Trust. Glaude alleges that Tinsley falsely claimed that Tinsley had 100% ownership of property in bankruptcy proceedings filed in 2010, and that the property was released from the bankruptcy stay in May 2013. Glaude alleges that after Sen...

Excerpt: ...ndants"), the owners of Defendant FastTrack Airport Parking, Inc. ("FastTrack Inc."), are personally liable for Plaintiffs' injuries caused by FastTrack Inc., because the alter ego doctrine dictates that the limited liability protections that usually insulate owners of corporations from personally liability for corporate debts do not apply under the circumstances of the case. The Mann Defendants now move for summary judgment as to Plaintiffs' ope...

Excerpt: ...lternative, JCI moves for summary adjudication of the Plaintiffs' claim against it for punitive damages on the grounds that Plaintiffs lack evidence that JCI knew of the risk of asbestos in the products by which William Cole was exposed. For the reasons stated below, the motion for summary judgment is DENIED, and the alternative motion for summary adjudication is DENIED. EVIDENTIARY MATTERS JCI's objection to the entirety of Declaration of Willia...