Excerpt: ... is based in Hong Kong, but it has an office in Menlo Park, California. Defendant Mobile Gaming Technologies, Inc. is a Delaware corporation with its principal place of business in Oakland, California. Fred Hsu is a member of the Board of Directors of Mobile Gaming. Michael Reaves is a founder of Mobile Gaming; he is the company's former Chief Executive Officer and a member of the Board of Directors. George Weinberg, a board members, took over De...

Excerpt: ...after reassigned to Department 518 after the parties filed a Notice of Related Case. An earlier Complaint filed by Rex Moore Group, Inc. against Northstar General, Inc. and Green Earth Greens Company was assigned to Department 518. On November 17, 2016, the Court granted the unopposed Motion of Northstar General, Inc. to consolidate the two actions for all purposes. The case is currently set for trial on December 2, 2019. In the operative First A...

Excerpt: ...he demurrer sufficiently demonstrates that Plaintiff's amended complaint, filed on August 19, 2019, does not state facts sufficient to constitute a cause of action and is uncertain, including for the following reasons: First, a complaint must contain "a statement of the facts constituting the cause of action, in ordinary and concise language." (CCP § 425.10(a)(1).) This is not satisfied by merely checking boxes on a Judicial Council form complai...

Excerpt: ...to file a late claim to the City of Oakland on 5/17/19. (Petition, Exh.B.) The City denied the application on 6/4/19. (Petition, Exh.C.) On 8/13/19, Petitioner timely filed this Petition for relief from the claim presentation requirement under Gov.C.§946.6(b), claiming excusable neglect. If an application for leave to present a claim is denied, a petition may be made to the court for an order relieving the petitioner from Section 945.4. (Gov't C...

Excerpt: ...681b(b)(2)(A).) The TAC also alleges that Moore began working for UPS on November 22, 2017. On her third day, November 24, 2017, Moore resigned in protest of inappropriate comments by her supervisor during training. She was not paid her final wages until mid-January 2018. The TAC alleges that the delay of more than a month in payment of Moore's final wages entitle her to civil penalties under California's "waiting time" laws, Labor Code sections ...

Excerpt: ...over his costs of proving the matters that are the subject of those Requests for Admissions unless, inter alia, Plaintiffs establish that (1) the admissions sought were of no substantial importance; (2) Plaintiffs had reasonable ground to belief they would prevail on the matter; or (3) there was other good cause for Plaintiffs' failure to admit those Requests for Admission. (See Code of Civil Procedure section 2033.420(b).) The Court determines t...

Excerpt: ...al enforcers, Paradigm Holdings, LLC and Steven F. Hotze, M.D.; or (2) within 90 days of service of notice of entry of this order, as modified for method of service under Code of Civil Procedure section 1013. The FAC must also be appropriately served. This Order takes into account the statutory notice requirements necessary for Proposition 65 cases. "Any judge, at any time before or after commencement of trial, in the furtherance of justice, and ...

Excerpt: ...ll parties and their counsel must regard the date set for trial as certain."]; CRC, Rule 3.1322(c) ["[C]ontinuances of trials are disfavored[.]"].) Among other things, Defendants/Cross-Complainants have not demonstrated to the Court's satisfaction that they have been unable, or will be unable, despite diligent efforts, to complete essential discovery prior to the cutoff date or to prepare for trial. (See CRC, Rule 3.1322(c)(6), (7).) Defendants/C...

Excerpt: ...MM's subpoena, they suspected that J-MM had limited its request to specific job or jobs that it knew did not involve asbestos-containing pipe products. Plaintiffs served their own subpoena on WVWD shortly thereafter seeking all documents regarding WVWD's relationship with J-MM and documents regarding asbestos pipe. WVWD has indicated that its response will include roughly 200,000 documents. The Court starts by noting that trial dates are firm and...

Excerpt: ...857776, pursuant to Evid.C.§452(d)(1), is GRANTED. Plaintiff's Request for Judicial Notice of Defendant FLRish Retail Managements' Fourth Amended Response to Form Interrogatories - Employment, in Sandy Torres v. FLRish Retail Management and Security Services, LLC et al., RG17857776, pursuant to Evid.C.§452(d)(1), is DENIED. LEGAL STANDARD ON SUMMARY ADJUDICATION A party may move for summary adjudication as to one or more causes of action within...

Excerpt: ... is not seeking early or unilateral disclosure of experts. The expert disclosure statutes do not forbid a party from deposing an expert before disclosures are served and the Court will not bar such depositions if they are likely to lead to discoverable information. Even if the witnesses were not designated experts, CertainTeed would be permitted to depose them as the only two fact witnesses who know what happened to certain asbestos-containing ce...

Excerpt: ... report in the "Coker case" (Requests Nos. 60 and 71); and (2) documents reflecting any money contributed to Brown University by JJ or JJC since 2017, and any communications between JJ or JJC and Brown University regarding Dr. David Egilman (Requests Nos. 85-86 and 96-97). As to the Blount report, the documents submitted with Plaintiff's moving papers (particularly Exhibits 9 and 11 to the declaration of Ian Rivamonte) indicate that the Blount re...

Excerpt: ...December 14, 2017, the Court sustained Defendants' Demurrers to the Complaint with leave to amend. Plaintiff thereafter filed its First Amended Complaint on January 4, 2018. Defendants filed Demurrers to the First Amended Complaint. On July 2, 2018, the Court sustained Defendants' Demurrers to the First Amended Complaint with leave to amend. The Court subsequently dismissed Plaintiff's First Amended Complaint against Defendant IQVIA (formerly kno...

Excerpt: ...Judgment in favor of Defendant on August 8, 2019. Defendant filed and served its memorandum of costs on August 13, 2019. Plaintiff filed his timely Motion to Strike and/or Tax Costs on August 28, 2019. The hearing is continued because Plaintiff's main contention in support of his motion is that Defendant incurred unnecessary expenses in having subpoenas served for various medical and/or employment records. Plaintiff also contends that Defendant d...

Excerpt: ...f the litigation rather than merely convenient or beneficial to its preparation. Allowable costs "shall be reasonable in amount." Costs that are not mentioned in section 1033.5 "may be allowed or denied in the court's discretion." (CCP §1033.5(c)(1) - (3).) As set forth below, the motion is granted as to $5,969.50 in costs, as set forth below. The motion is GRANTED as to $390 in CourtCall costs under items 1(d), (e), (h), and (j). Court Call cos...

Excerpt: ...rty thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) the right to compel arbitration has been waived by the petitioner; or (b) grounds exist for the revocation of the agreement." (CCP § 1281.2; see also CCP § 1281.7; 9 USC §§ 1 et. seq.) Here, Plaintiff filed ...

Excerpt: ... or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order." (CCP § 1008(a).) "The party making the application shall state by affidavit w...

Excerpt: ...ny previous complaint. STANDARD OF LAW "A demurrer tests the legal sufficiency 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...

Excerpt: ...ty from Tolia in 1998, and then decided not to record the Grant Deed with the County Recorder or notify the mortgage lender, Wells Fargo Bank. Cross-Complainant Rost twice amended his Cross-Complaint under threat of a Demurrer by counsel for Cross-Defendant. The Second Amended Cross- Complaint was filed on April 10, 2019. Cross-Complainant alleges in paragraph 2 of the Second Amended Cross-Complaint that he and Cross-Defendant created a de factor...

Excerpt: ...ff alleges in her First Amended Complaint ("FAC") that she served as the Chief of Staff of Dr. John Stobo, Executive Vice President of UC Health, from 2015 until March 2018. Prior to that period, Plaintiff was the Budget Coordinator and Director of Finance for UC Health. UC Health is part of the Office of the President. Plaintiff claims that she was constructively discharged in when she elected early retirement, shortly after taking a medical lea...

Excerpt: ...is may concern: "This letter is in response to a summons from Bank of America that I received on February 11, 2019 in which Bank of America is demanding my self (Marianop Cazares) to have to pay the amount of $5,710.53 plus interest. "Currently I have been working with Freedom Debt Relief for over 15 months to have this amount paid outside the court. I am in the best position to have this resolved in a manner that would benefit both parties. The ...

Excerpt: ...asement over those 23.02 acres identified in the map attached as Exhibit 3." (Consent J. ¶ 2.) Tong Defendants were also required to retain fee ownership of the parcel, provide an endowment to fund "perpetual management, maintenance, and monitoring (such as perimeter fencing, site security, vegetation management, etc.)." (Ibid.) The Consent Judgment provides that the conservation easement must "meet all legal requirements, including, inter alia,...

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: ...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: ... 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: ...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: ..., 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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ..., 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: ...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: ... 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: ...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: ...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: .... 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: ...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: ...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: ...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: ...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: ...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: ... 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 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: ...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: ...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: ...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: ...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...

Excerpt: ...nuary 1, 2019. Plaintiff alleges Defendant failed to do so. Plaintiff further alleges he was damaged by Defendant's failure to remove the wood and mulch by January 1, 2019 because Plaintiff has been sued by the property owner for failure to remove all items from the leased property (including the wood and mulch) upon termination of the lease, resulting in Plaintiff having to incur the costs of defending that action. (See Second Amended Complaint,...

Excerpt: ...fs' entire case with prejudice. On April 24, 2019, Defendant filed its Memorandum of Costs, seeking $9,808.64 in recoverable costs. Defendant now moves the Court for entry of judgment and an order awarding costs of suit as part of that judgment, in the amount of $9,808.64. The right to recover costs of suit is determined by statute. (See CCP §§ 1032 et. seq.) The prevailing party in an action is entitled to recover costs of suit as a matter of ...

Excerpt: ...st Defendant for Intentional Misrepresentation is based on her claim that the premises were not fit for human occupancy. The Court advised Plaintiff in its order of May 14, 2019 that the Eighth Cause of Action was not sufficiency pled because she did not identify any statements uttered by Defendant Ratti at any time. Plaintiff was given an opportunity to supplement her allegations. The Court agrees with Defendant's contention that Plaintiff faile...

Excerpt: ...actual 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.) "As a ge...

Excerpt: ... is a quasi-contract claim entitled, "Goods and Services Rendered." Plaintiff Landman, doing business as The Intergan Technology Group, makes clear that his claims in the 2017 Complaint are based on essentially the same facts alleged in his earlier lawsuit against AkkuSer Oy and Jarmo Pudas (Case No. RG12645044). Plaintiff alleges that AkkuSer Oy received substantial financial benefit from work that he performed on its behalf from December 2008 t...

Excerpt: ...ve for summary judgment in an action or proceeding if it is contended 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 a...

Excerpt: ...gment on the ground that the area where Plaintiff tripped constituted a trivial defect as a matter of law. The Court determines that Defendants have not carried their initial burden under Code of Civil Procedure section 437c(p)(2) of demonstrating that the defect that allegedly caused Plaintiff?s accident was trivial as a matter of law. It is well established that a walkway height differential of .75 inches or less, in the absence of any circumst...

Excerpt: ...iff's request is DENIED AS MOOT. The parties appear to be in agreement that further responses to these interrogatories were served shortly prior to or on the same day as Dr. Ereso's opposition to this motion. (See Pltf.'s Reply, p. 1; Def.'s Sep. St.) If Plaintiff remains unsatisfied with Defendant's responses and further responses to these interrogatories, Defendant must first make attempts to reinitiate the meet and confer and Informal Discover...

Excerpt: ...Defendant")-after a first look by Plaintiff-with any withheld or redacted documents identified in a production log provided to Defendant detailing the reasons for any redactions or for withholding any document. Plaintiff seeks to quash or modify the July 1, 2019 amended deposition subpoena for production of business records issued by Defendant to her primary care doctor, Ron Huang, M.D. (Declaration of Maureen E. McFadden ["McFadden Dec."] Ex. A....

Excerpt: ...he law that is not necessary to the outcome of this case. ACERA asks the Court to modify its order to reflect that Dr. Wagner considered the complete 2010 disability retirement application. The Court's Order quotes Dr. Wagner's statements regarding the materials he did and did not consider. (See Order at p.7 lns.12-19, quoting AR394, 398, 401-402, 349-358.) The Court finds that no modification to its Order is necessary. ACERA also offers new evid...

Excerpt: ...ng the resolution of this action, is ruled upon as follows: The motion for an order to conduct an inspection and appraisal of the property pursuant to Code of Civil Procedure section 742 is GRANTED. Plaintiff has shown good cause to enter the building to determine the current status of the property and to facilitate an application for a refinance loan in order to prevent foreclosure of the property, and also to inspect the grounds and common area...

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: ...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: ...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...

Excerpt: ...alth & Safety Code section 25249.6; (C) the reimbursement for fees and costs to be paid to Plaintiff's counsel pursuant to the CJ is reasonable under California law; (D) the civil penalty of $5,000.00 to be paid pursuant to the CJ is reasonable based on the criteria set forth in Health & Safety Code section 25249.7(b); and (E) and the allocation of any additional settlement payments to Plaintiff is in the public interest as set forth in Code of R...

Excerpt: ....) "[T]rial courts have broad discretion to determine the order of proof in the interests of judicial economy." (Grappo v. Coventry Financial Corp. (1991) 235 Cal.App.3d 496, 504.) "The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial . . . of any . . . issues . . . ." (CCP § 1048(b).) The "court may, when the convenience of witnesses, the ...

Excerpt: .... (Cpt, prayer for relief). On 2/26/19 Cullup filed the first amended cross-complaint against SF asserting that SF, as successor in interest to CashCall, violated the CLRA (Civil Code 17890 et seq) , that SF on its own behalf violated the Rosenthal Debt Collection Act (Civil Code 1788 et seq,) and that SF , as successor in interest to CashCall and on its own behalf violated the UCL (Bus & Prof 17200 et seq,).) (See also De La Torre v. CashCall, I...

Excerpt: ... or, if none, by the decedent's successor in interest." (C.C.P. § 377.31.) Max Carlson, decedent's guardian ad litem and son has filed a declaration attesting that Plaintiff Christa Carlson ("decedent"), who brought this action, died on June 13, 2019, and that Max Carlson is the successor in interest. The declaration complies with C.C.P. § 377.32 and includes a certified copy of the decedent's death certificate, which the court has examined. Ac...

Excerpt: ...ore was a driver. Reed was a general laundry worker. On 3/25/19 Plaintiff Gallagher dismissed his claims. The First Amended Complaint filed 9/26/17 asserts the following claims: (1) failure to pay for all time worked; (2) Failure to provide rest periods; (3) failure to provide complete and accurate wage statements; (4) failure to pay wages due at termination of employment; (5) failure to reimburse business expenses; and (6) violation of UCL. This...

Excerpt: ...on 387, "[a] nonparty shall petition the court for leave to intervene by noticed motion or ex parte application." (CCP § 387(c).) "The petition shall include a copy of the proposed complaint in intervention or answer in intervention and set forth the grounds upon which intervention rests." (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...

Excerpt: ...'s Fremont facility wherein respondent "hit Tesla's security employee ... with his car" and then "fled the scene" in a "reckless manner" as he left the parking lot and (2) an incident on April 6, 2019 on public roads wherein respondent "stalked harassed and endangered" a Tesla Model 3 automobile engaged in autonomous driving testing. On April 19, 2019, Tesla filed the action. On April 19, 2019, the court entered a temporary restraining order and ...

Excerpt: ...f 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: ... 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 material facts ple...

Excerpt: ...PART. IT IS ORDERED THAT no later than October 22, 2019, Plaintiff shall file and serve an amended complaint. STANDARD OF LAW "A demurrer tests the legal sufficiency 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...