Excerpt: ...igible for relief under CCP section 473 because her declaration does not include any facts that constitute mistake, inadvertence, surprise, or excusable neglect. "The terms mistake, inadvertence, surprise, and excusable neglect warranting relief under section 473(b) are defined as follows: Mistake is not a ground for relief under section 473, subdivision (b), when the court finds that the mistake is simply the result of professional incompetence,...

Excerpt: .... In this case, however, the Court declines to deny the motion on this ground because Plaintiffs served their subpoena on July 3, 2019, and counsel then tried to have this matter put before the Court in August 2019. The trial date was moved due to the Court's unavailability. Furthermore, the Court does not believe that the cutoff date for conducting fact discovery and having discovery motions heard applies to the instant motion because Section 19...

Excerpt: ...ential wire installer in Sacramento County. The Court finds no issue with PacBell's responses to Request for Production No. 1, Special Interrogatory No. 34, and Form Interrogatory Nos. 4.1-4.2. The Court finds that PacBell's responses to Request for Production Number 2 and Special Interrogatory Nos. 3-4 are inadequate. PacBell states only that it has not found a "centralized list of employees" and has "no way to search for such information." PacB...

Excerpt: ...e their allegations, trial is in fact necessary to resolve their dispute." (Miller v. Fortune Commercial Corporation (2017) 15 Cal.App.5th 214, 220, citing Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843.) Summary judgment is proper only when "there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." (Code of Civil Procedure ["CCP"] § 437c(c).) When a defendant moves ...

Excerpt: ... served with the Summons at their home in Castro Valley. On April 17, 2019, Plaintiff filed her Requests for Entry of Default by Clerk. The Clerk then entered the defaults on April 18, 2019. On June 10, 2019, without the assistance of an attorney, Defendants appeared at the Case Management Conference in person. The Court set the August 6, 2019 prove-up hearing at that time. On August 6, 2019, Defendants appeared at the prove-up hearing. On Septem...

Excerpt: ...ice of the request and has not objected to it, the Court is reluctant to grant the request because the language of the Proposed Order is very broad and could apply to testimony that does not tend to incriminate Defendant. The Court does acknowledge that the failure of the District Attorney's Office to object should be considered in reaching a decision on the motion. See Daly v. Superior Court (1977) 19 Cal.3d 132, 147-148. The Court also prefers ...

Excerpt: ..., eighth, ninth, tenth, "tenthth" (sic), eleventh, and twelfth causes of action. McAfee does not demur to the FAC's first, sixth, or seventh causes of action. Plaintiff has not filed papers in opposition to the demurrer. For the reasons discussed below, the demurrer is SUSTAINED WITH LEAVE TO AMEND. LEGAL STANDARDS The standard for construing a complaint on demurrer is long-settled: "We treat the demurrer as admitting all material facts properly ...

Excerpt: ...essary legal action & false accusation" but otherwise OVERRULED. LEGAL STANDARDS The standard for construing a complaint on demurrer is long-settled: "We 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 ...

Excerpt: ...court at the hearing"]; Juge v. County of Sacramento (1993) 12 Cal.App.4th 59, 69, 70 [similar].) TENTATIVE DECISION The Demurrer of Alameda County Board of Education and Albany Unified School District to the First Amended Complaint is OVERRULED. The court grants petitioner leave to amend to file a Second Amended Petition that is a complete standalone document and is not conjoined with a memorandum of points and authorities. Petitioner may also a...

Excerpt: ... served with the Summons at their home in Castro Valley. On April 17, 2019, Plaintiff filed her Requests for Entry of Default by Clerk. The Clerk then entered the defaults on April 18, 2019. On June 10, 2019, without the assistance of an attorney, Defendants appeared at the Case Management Conference in person. The Court set the August 6, 2019 prove-up hearing at that time. On August 6, 2019, Defendants appeared at the prove-up hearing. On Septem...

Excerpt: ...n." (Cal. Lab. Code § 218.5.) "However, if the prevailing party in the court action is not an employee, attorney's fees and costs shall be awarded pursuant to this section only if the court finds that the employee brought the court action in bad faith." (Id.) Labor Code section 226 states: "An employee suffering injury as a result of a knowing and intentional failure by an employer to [provide accurate itemized wage statements] . . . is entitled...

Excerpt: ...the ground that there is a another action pending is SUSTAINED. In the First Cause of Action, Plaintiff seeks to quiet title to a month-to-month tenancy at 7203A Holly Street, Oakland, and the Second Cause of Action seeks a declaration that Plaintiff owns has month-to-month tenancy. Plaintiff does not seek to establish an ownership in interest in the real property, but merely the right to reside there as a tenant. Defendant Dellesia Onifade's com...

Excerpt: ...rounds during the lunch period. Plaintiff alleges that the Dean of Students violated her privacy during the ensuing investigation by asking other students how long Plaintiff and B.M. had been dating, even though Plaintiff informed them she first met B.M. on the date of the assault. Thereafter, other students asked Plaintiff about the incident. In her cause of action for Intentional Infliction of Emotional Distress, Plaintiff alleges that District...

Excerpt: ...fendant 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).) The present lawsuit filed by Plaintiff filed a "Complaint for Refund of Overpayment of Personal Income Taxes" alleging that Plaintiff overpaid his 1993 income taxes. (Complaint at ¶¶ 3-5.) Here, Defendant has prese...

Excerpt: ...ted to pay the reasonable expenses incurred in making that proof, including reasonable attorney's fees." (CCP § 2033.420(a).) The court shall make this order unless it finds any of the following: (1) an objection to the request was sustained or a response to it was waived; (2) the admission sought was of no substantial importance; (3) the party failing to make the admission had reasonable ground to believe that that party would prevail on the ma...

Excerpt: ... discretion when ruling on requests for a preliminary injunction. See King v. Meese (1987) 43 Cal.3d 1217, 1226-1228; and Smith v. Adventist Health System/West (2010) 182 Cal.App.4th 729, 749. The Court should consider the evidence presented by plaintiff in support of his claim that he will likely prevail on the merits and balance the likely harm that the plaintiff will sustain if the injunction does not issue against the likely harm that the def...

Excerpt: ...ted service. Service of summons can be completed by substituted service, whether the party to be served is an individual or an entity. (See CCP sec. 415.20.) However, if the party to be served is an individual, the plaintiff must demonstrate reasonable diligence in attempting personal service first, before substituted service on that defendant can be effective. (See CCP sec. 415.20(b).) Here, Defendant has submitted evidence that it is not a corp...

Excerpt: ...er 2015 to October 2018, where he worked as a "Parts Specialist." In this action, Plaintiff and other non-party aggrieved employees seek to recover civil penalties pursuant to Labor Code section 2699(a, (f), and (g). O'Reilly contends that because this action seeks only statutory penalties, it is governed by Section 393(a), which provides that "the county in which the cause, or some part of the cause, arose, is the proper county for the trial of ...

Excerpt: ...t file their Answer until April 30, 2019. The deadlines for responding to a validation or reverse validation action as provided in Code of Civil Procedure sections 861.1, 862 and 869 function as a statute of limitations, and if an interested party does not appear during the prescribed time, he or she loses the opportunity to challenge or support the government's action. (See City of San Diego v. San Diegans for Open Government (2016) 3 Cal.app.5t...

Excerpt: ... 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 defendant to cause injury to plaintiff, or despicable conduct that is carried on by the defe...

Excerpt: ...ttorney letter exonerated Plaintiff Portofino is not particularly material to any of Plaintiffs' claims, but the court, in its discretion, sees no need to strike it. The motion to strike the allegations at p. 19, lines 14-16, that each defendant ratified the despicable conduct of the other defendant and each defendant was the managing agent of each other defendant is GRANTED WITH LEAVE TO AMEND. These allegations are conclusions intended to suppo...

Excerpt: ...tial Information and Inventions Assignment Agreement. (See, e.g., Angelica Textile Services Inc. v. Park (2013) 220 Cal.App.4th 495, 507-508.) In addition, for purposes of this motion, Plaintiff need not establish that there is a probability it will ultimately prevail on the merits of its claims in this case. Rather, Plaintiff must establish that there is a likelihood that Defendant's computer media contain discoverable evidence relevant to Plain...

Excerpt: ...ted pursuant to Measure AA. Measure AA imposes a parcel tax for 30 years to fund educational programs. As a parcel tax, Measure AA potentially falls under California Constitution Article XIII A § 4, Article XIII C § 2(d), and Article XIII D § 3(2), each of which requires a two- thirds vote prior to imposing such a tax. Measure AA, however, was place on the ballot as a result of citizen's initiative, "The Children's Initiative of 2018." In the ...

Excerpt: ...der PAGA; they may only bring the action on behalf of themselves and all other aggrieved employees to vindicate the LWDA's interest in enforcement of the Labor Code. (Labor Code § 2699(c) & (g)(1); Williams v. Superior Court (2015) 237 Cal.App.4th 642, 649.) Any monetary penalties assessed against the defendant are split between the LWDA and named plaintiffs, with 75% going to the LWDA. (Labor Code § 2699(i).) Even outside of the settlement con...

Excerpt: ...uty to provide the premises in a clean, healthful, and safe condition and Defendant Raymond owed a duty to manage the premises in a reasonable manner. Plaintiffs allege that Defendants breached the duty of care by allowing Defendant Lyna Huynh to operate her nail salon and Defendant Jorge Ramirez to operate his dry cleaning business in a manner that caused exposure to toxic chemicals. Plaintiffs alleges that Defendants knowingly failed to properl...