Excerpt: ...established the Dawan-Dillard Almond Orchard Partnership (the "Partnership"). (Id.) Plaintiff and Decedent farmed the land and monetized some of the resources available from the land as joint owners and operators. (Id.) When Mr. Dillard ("Decedent") passed away in October 2001, Plaintiff became sole living owner of the land and partnership. (Id.) Ms. Lonnie Dillard, Decedent's daughter, was appointed as the administrator of Estate. (Id., para. 12...

Excerpt: ...he Court itself dismissed this action, with prejudice, on March 8, 2019. This issue therefore appears to be moot. Second, Defendant contends that Plaintiff has failed to release the lien on her property. The evidence submitted by Plaintiff demonstrates that the lien was released on December 2, 2019. Third, Defendant contends that Plaintiff has failed to properly account for and apply Defendant's settlement payments. The Court could not find any e...

Excerpt: ...r Premises Liability. Second, Plaintiffs must allege facts, if possible, taking their claims outside the immunity provided by Government Code section 845. As presently pled, Plaintiffs' claim is based entirely on BART's failure to provide police protection in response to a report Plaintiffs made on BART's "watch App" about a "violent, disruptive homeless person" on the BART train on which Plaintiffs were riding. Absent any additional facts pled, ...

Excerpt: ...to Rogala's Cross-Complaint. Specifically, the Court sustained the Demurrer to the First, Second and Fourth Causes of Action as barred by the one- year statute of limitations. (Business and Professions Code sec. 340.6.) The Court granted Rogala leave to amend these claims. The Court overruled the Demurrer to Rogala's Third and Fifth Causes of Action (breach of fiduciary duty claims), and the Sixth Cause of Action (fraud). Finally, the Court susta...

Excerpt: ...ant owes the sum of $1,800,000 pursuant to the terms of the Amended Asset Purchase Agreement, dated July 12, 2019. Plaintiff contends that Defendant owes the additional sum pursuant to a post-closing adjustment of the purchase price. Defendant paid Plaintiff the sum of $35,000,000 at the time of the sale. Defendant gave Plaintiff a promissory note in the sum of $10,000,000 as part of the purchase price. The application is denied because Plaintiff...

Excerpt: ...e Court that the arbitration provision found in paragraph 18 is identical to the provisions in the Employment Agreements executed by all of the shareholders of AEBP, including its President, Dr. Sasu. Plaintiff Green was invited to join as a shareholder in 2016. In 2018, the nine other shareholders of AEBP agreed to end the shareholder agreement with Plaintiff due to performance issues. Plaintiff has not met her burden of showing that the arbitra...

Excerpt: ...y sanction[.]" (CCP § 2033.280(b).) "The court shall make this order, unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220." (CCP § 2033.280(c).) "It is mandatory that the court impose a monetary sanction . . . on the party or attorney, or both, whose failure to s...

Excerpt: ... 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 to any cause of action, that there is no merit to a claim for damages . . . , or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs." (CCP § 437c(f...

Excerpt: ...he interests of the LWDA in civil enforcement are defended and that the settlement is fair, adequate, and reasonable under all the circumstances. (See O'Connor v. Uber Technologies, Inc. (N.D. Cal. 2016) 201 F.Supp.3d 1110, 1133; see also Gov't Code § 12652(e)(2)(B) [requiring False Claims Act qui tam settlements be "fair, adequate, and reasonable under all the circumstances"].) The Court therefore takes guidance from the context of class action...

Excerpt: ...0 [included with fees], a service award of $10,000 for the class representative, a net PAGA payment of $12,000, and settlement administration costs of $8,000. After these expenses of $89,333, the class would get $58,667. The average payout per class members would be $193. This is $25 per allegedly inaccurate wage statement The proposed class notice form and procedure are adequate. The proposed class is appropriate for class certification. The mot...

Excerpt: ...tnership bank if any; (3) initiating any contact with any vendor or potential vendor of the partnership; and (4) interfering with the business of the SAAK Partnership in any manner. The Court takes notice of its August 28, 2020 order granting in part Defendant's ex parte application for a temporary restraining order and its July 2, 2020 order granting in part Defendant Spanier's prior motion for preliminary injunction. Defendants' motion is proce...

Excerpt: ...y party wishes to contest the tentative ruling, NO LATER than 4:00 PM ONE (1) COURT DAYS prior to the current 9/23/2020 hearing date (exclude Saturday, Sunday and national holidays) contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any requested hearing will most likely be conducted using the Blue Jeans Network, password # 5102676935. If a hearing is requested...

Excerpt: ...Complaints on identical grounds. It argues that both Plaintiffs lack standing, either personal or associational, to assert claims under the Unfair Competition Law ("UCL") (Bus. & Prof. Code §§ 17200, et seq.). It argues that the Court should abstain from adjudicating this case under the doctrine of primary jurisdiction. It also argues that the relief requested by Plaintiffs is improper under the UCL. For the reasons discussed below, the demurre...

Excerpt: ...Complaints on identical grounds. It argues that both Plaintiffs lack standing, either personal or associational, to assert claims under the Unfair Competition Law ("UCL") (Bus. & Prof. Code §§ 17200, et seq.). It argues that the Court should abstain from adjudicating this case under the doctrine of primary jurisdiction. It also argues that the relief requested by Plaintiffs is improper under the UCL. For the reasons discussed below, the demurre...

Excerpt: ...ernative Holdings gave notice on June 5, 2019, of a trustee's sale. Plaintiffs sought to prevent the foreclosure and obtained a Temporary Restraining Order ("TRO"). Thereafter, Plaintiffs filed a complaint seeking to recover the attorney's fees incurred in seeking the TRO; an "overpayment" by Plaintiffs to satisfy the loan at issue; and punitive damages. The SAC contains four causes of action: (1) breach of contract; (2) violation of statute (Civ...

Excerpt: ...xth and Seventh Causes of Action each for Negligent Interference with Prospective Economic Relations are SUSTAINED WITHOUT LEAVE TO AMEND. "[A] corporate agent cannot be liable for interfering with its principal's contract." (Mintz v. Blue Cross of Calif. (2009) 172 Cal.App.4th 1594, 1606; see also Shoemaker v. Myers (1990) 52 Cal.3d 1, 24-25.) These causes of action appear to be improperly restated breach of fiduciary duty claims, which Defendan...

Excerpt: ... ("If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement".) The Settlement Agreement contained a confidentiality clause, prohibiting the Parties from disclosing many of the details of the Agreement, including the amount of the settlement. (Rolando Decl., Exh. 1, Art. 5.0.) In 2020, Plaintiff sought a restraining order against Defendant, wh...

Excerpt: ...of the opposition and reply briefs which were not timely scanned for consideration prior to the original hearing date. STANDARD OF LAW "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading[.]" (CCP § 473(a)(1).) "[T]rial courts are to liberally permit such amendments, at any stage of the proceeding[.]" (Hirsa v. Superior Court (1981) 118 Cal. App. 3d 486, 488-89.) A court's discretion i...

Excerpt: ...Hospital on February 11, 2019. Plaintiff contends that she was ultimately hospitalized as a result of the damage to her tooth caused by the hygienist, and that her ability to book modeling jobs has been adversely affected by the condition of her teeth. Plaintiff claims that she will sustain damages in the sum of $2.3 million when future loss of earning capacity is taken into account. In support of its motion, Defendant Alameda Health System has s...

Excerpt: ...laintiff's venue selection is not proper under any of the statutory grounds." (Id.) "In opposing the motion to change venue, '[t]he plaintiff may bolster his or her choice of venue with counter affidavits consistent with the complaint's theory of the type of action but amplifying the allegations relied upon for venue.'" (Id.) "The presumption is, in the absence of an affirmative showing in that particular, that the county in which the title of th...

Excerpt: ...liability insurer for $15,000. Plaintiff then filed the instant case against his own insurer, GEICO, on October 10, 2019, seeking a recovery under the underinsured motorist clause of his automobile policy. The Court has reviewed the arbitration agreement in Plaintiff's automobile policy. The clause states that if Plaintiff and GEICO are not able to agree on the contractual damages owed by GEICO, if any, then the parties have the right to demand t...

Excerpt: ...t, pursuant to CCP §§ 473.5, 473(d) and 418.10 (the "Motion"), the Court DENIES CCM's Motion to Set Aside Default and for Leave to Defend the Action pursuant to CCP §§ 473.5 and 473(d). Based on the record before it, the Court does not find credible defendant Desiree Cachette's ("Ms. Cachette") declaration that she, in her capacity as CCM's agent for service of process, did not have actual notice of the present lawsuit prior to "late November...

Excerpt: ...OE PSEUDONYM Filing a complaint under a pseudonym such as "John Doe" impairs the public's right of access to court records (CRC 2.550(c)). It also violates the statutory requirement that a complaint include "names of all the parties" (CCP § 422.40). Therefore, plaintiffs are not permitted to use a pseudonym absent "exceptional circumstances." (Doe v. Lincoln Unified School Dist (2010) 188 Cal.App.4th 758, 767.) Adopting the Ninth Circuit standar...

Excerpt: ...cated at 328 Lenox Avenue, Oakland. Beacon produced responsive documents, but they were redacted. Beacon indicated that the documents were redacted to remove private financial information and information not related to the subject real property. In his declaration filed August 6, 2020, at paragraphs 6a - 6tt, defense counsel James Patrick explains the basis for each redaction as to each document produced by Beacon, identified by bates number. Bas...

Excerpt: ...xth and Seventh Causes of Action each for Negligent Interference with Prospective Economic Relations are SUSTAINED WITHOUT LEAVE TO AMEND. "[A] corporate agent cannot be liable for interfering with its principal's contract." (Mintz v. Blue Cross of Calif. (2009) 172 Cal.App.4th 1594, 1606; see also Shoemaker v. Myers (1990) 52 Cal.3d 1, 24-25.) These causes of action appear to be improperly restated breach of fiduciary duty claims, which Defendan...