Excerpt: ... car turning right onto Powell Street while exiting eastbound I-80. The accident occurred on March 22, 2016. The Court notes that the driver of the vehicle that struck Plaintiff is not a party to this case. Plaintiff retained attorney Stephen H. Cornet to handle her personal injury case. On May 24, 2016, Mr. Cornet delivered a letter to Assistant City Attorney Andrea Visveshwara by electronic mail making a public records act request. Mr. Cornet w...

Excerpt: ...izes Caron to recover $435.00 for the initial filing fee. 2. Bush's objection to the $1,000.00 in filing fees for Caron's Joinder in the Motion for Summary Judgment of Cardinale and for her own Motion for Summary Judgment is GRANTED IN PART. Bush correctly notes that the Joinder was procedurally deficient and would not have been granted even if the Court had granted Cardinale's Motion for Summary Judgment. See Frazee v. Seely (2002) 95 Cal.App.4t...

Excerpt: ...nd signed by the Court did not waive their right to file a motion to amend the judgment. Homeowners seek to set aside the judgment entered on September 17, 2019 and enter a new judgment that is modified in the following respects. First, Homeowners seek to reduce the amount of the judgment awarded to U Unlimited from $245,998.26 to $149,115.70, to account for the judgment of $96,882.56 that Homeowners were awarded against U Unlimited. Second, Home...

Excerpt: ... of contract. Therefore, Spanier is entitled to his attorneys' fees for defeating that claim. (See, e.g., Santisas v. Goodin (1998) 17 Cal.4th 599, 611.) The Court determines that U Unlimited is the prevailing party on the contract for the reasons discussed in the Court's order on the motion by Homeowners to set aside judgment and enter new judgment, also heard this date. The parties' contract (at section VII) provided for attorneys' fees to the ...

Excerpt: ...st Bush, from August 5, 2019 to August 26, 2019. Defendant Cardinale's Cross-Complaint was not a part of the trial because the Court struck it and she did not file an Amended Cross-Complaint. On August 26, 2019, the jury returned a special verdict finding that Plaintiff failed to meet her burden of proof as to any claim in her pleadings and that Cross-Complainant Caron failed to meet her burden of proof on her Cross-Complaint. Judgment Creditor's...

Excerpt: ...deposited at least 600 escrow checks into her personal bank account. Old Republic is suing Citibank in this action for negligence. Citibank recently filed a Demurrer to Plaintiff's First Amended Complaint. The Court declines to stay the action or stay just discovery at this time. Although no formal charges have been filed by the District Attorney's office or the U.S. Attorney against Nguyen, the agreed factual record certainly supports an inferen...

Excerpt: ...ed Complaint without leave of court. Although a plaintiff may amend the pleadings once in response to a demurrer without obtaining leave of court, subsequent amendments require leave of court. (Code Civ. Proc., sec. 472; Hedwall v. PCMV, LLC (2018) 22 Cal.App.5th 564, 578- 579.) For that reason, the Second Amended Complaint is deemed stricken. Although the demurrer to the First Amended Complaint is not mooted by the Second Amended Complaint, the ...

Excerpt: ...ggests that the video and screen shots at issue could be used for the purpose of derailing a train running along the non-public train right-of-way depicted in the video. Union Pacific has sufficiently demonstrated that, as to the unredacted documents lodged with the court conditionally under seal on September 26, 2019, and identified more specifically below: (1) there exists an overriding interest that overcomes the right of public access to the ...

Excerpt: ...agreement, after the Hayward property is sold, the net proceeds shall be placed in an escrow account, and the Lathrop property will then be appraised. The parties agreed to use that appraisal to calculate the difference between the net proceeds of the Hayward property sale and the appraised value of the Lathrop property. Thus, Plaintiff seeks an order directing the Receiver to have a new appraisal done, and to use the new appraisal to calculate t...

Excerpt: ...ded 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 affirmative defense to the cause of action, that there is no merit ...

Excerpt: ...4, 2019. The scope of the questions is limited to the deponent's recollection of events relevant to the claims against Alta and Marconi in this case. Mr. Cantley shall provide written responses under oath no later than December 10, 2019. Defendants may then submit 20 follow-up questions each by December 16, 2019, and Mr. Cantley shall provide written responses under oath by December 20, 2019. Plaintiffs seek an order excusing Robert Cantley from ...

Excerpt: ... that his agreement is unenforceable. For the reasons stated below, Plaintiff's motion is DENIED. This action shall be stayed pending a final determination at arbitration. LEGAL STANDARDS The Federal Arbitration Act ("FAA") (9 U.S.C. §§ 1 et seq.) embodies a "liberal federal policy favoring arbitration agreements, notwithstanding any state substantive or procedural policies to the contrary." (Moses H. Cone Memorial Hosp. v. Mercury Constr. Corp...

Excerpt: ...ion for negligent misrepresentation. (Alliance Mortg. Co. v. Rothwell (1995) 10 Cal.4th 1226; Reid v. Moskowitz (1989) 208 Cal.App.3d 29, 32.) The court therefore STRIKES Paragraph 224 from the Second Amended Complaint. For the reasons discussed in the concurrent demurrer, the court finds that Plaintiff has alleged sufficient facts to support a claim for Intentional Misrepresentation and the cause of action is not barred by the applicable statute...

Excerpt: .... Reddy is trustee of a business that owns and manages apartment buildings in Berkeley, including two located at 2070 and 2076 University Avenue. On July 3, 2019, Jiboku posted a review of an apartment at 2076 University Avenue on Yelp in which he criticized how the apartment buildings at both 2070 and 2076 University Avenue were managed. As part of his posting, Jiboku also stated, "The main thought I will always be haunted by, is that, the real ...

Excerpt: ...liens by Plaintiffs Amamgbo & Associates, Emeziem & Others, and Daniel Donner (collectively "Plaintiffs") in an underlying personal injury lawsuit in Contra Costa County Superior Court, which motion was granted. Following the court's order granting the motion in the underlying personal injury case, Defendants disbursed the settlement funds in compliance with that order, without paying any money to Plaintiffs pursuant to their liens. Subsequently,...

Excerpt: ...arguments raised in opposition to the demurrer to the fifth and sixth causes of action. First Cause of Action for Violation of Civil Code 2923.5 and Second Cause of Action for Violation of Civil Code section 2924.17. The demurrer to the first and second causes of action for Violation of Civil Code section 2923.5 and 2924.17 are SUSTAINED WITH LEAVE TO AMEND. While Plaintiff has alleged sufficient facts to show that Defendant did not contact plain...

Excerpt: ... 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; Blank v. Kirwan (1985) 39 Cal.3d 311, 318.)...

Excerpt: ... cases raise essentially the same issues and assert the same claims. The earliest such case, Rittmann, et al. v. Amazon.com, Inc., was filed in the U.S. District Court for the Western District of Washington as a putative class action. Based on the current definition of the putative class, Plaintiff Reynolds would be a member if such a class were certified at a later time. As of this date, the parties in Rittmann have completed their briefing on A...

Excerpt: ...t ASI Computer Technologies, Inc. and the company's Chief Executive Officer. Marcel Liang is identified as one of the founders of ASI Computer Technologies, Inc. Plaintiff claims that he sued them for fraud because they both controlled the activities of ASI Computer Technologies, Inc. Plaintiff dismissed Defendants just before the commencement of trial in November 2018. Plaintiff's Motion to Tax Defendants' expert fees is GRANTED. Defendants' req...

Excerpt: ... relief under Code of Civil Procedure section 473(b). (Mitchell v. Dept. of Transportation (1985) 163 Cal.App.3d 1016, 1021.) When a petition for relief is based on attorney fault and the petitioner is not challenging a default, default judgment or dismissal, the petitioner must establish that the attorney's neglect was excusable. (Tackett v. City of Huntington Beach (1994) 22 Cal.App.4th 60, 65.) The Petition is not accompanied by a declaration ...

Excerpt: ... equitable grounds even if statutory relief is unavailable." (Rappleyea v. Campbell (1994) 8 Cal. 4th 975, 981.) "One ground for equitable relief is extrinsic mistake-a term broadly applied when circumstances extrinsic to the litigation have unfairly cost a party a hearing on the merits." (Id.; see also Weitz v. Yankosky (1966) 63 Cal. 2d 849, 854-855.) In order to receive equitable relief for extrinsic mistake, the moving defendant must meet thr...

Excerpt: ...ce IQ LLC, "PIQ") to Quash Service of Summons and Complaint for Lack of Personal Jurisdiction is GRANTED. On a challenge to personal jurisdiction by a motion to quash, the plaintiff has the burden of proving, by a preponderance of the evidence, a factual basis justifying the exercise of jurisdiction. (See ViaView Inc. v. Retzlaff (2016) 1 Cal.App.5th 198, 209-210.) Plaintiff Performance Max Inc. ("PMI") fails to do so here. Personal jurisdiction ...

Excerpt: ...ial Interrogatory No. 19; Special Interrogatories, Set Three, Special Interrogatory No. 20; Special Interrogatories, Set Three, Special Interrogatory No. 21; and Special Interrogatories, Set Three, Special Interrogatory No. 22. The further responses must be served within 30 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. Defendant's primary argument in o...

Excerpt: ...) on the grounds that Plaintiffs failed to timely file an amended complaint, failed to seek leave of court to do so after the permitted time expired, and failed to provide the Court with a valid reason for the delay. (See Ntc. of Mtn., p. 2; Def.'s Memo., pp. 3-4.) Defendants have submitted evidence that Plaintiffs failed to timely file their SAC after Defendants' demurrer to the First Amended Complaint ("FAC") was sustained, and that Plaintiffs'...

Excerpt: ...hom service is to be made or he or she is a necessary or proper party to the action[;] [or] (2) The party to be served has or claims an interest in real or personal property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding the party from any interest in the property." (CCP § 415.50(a).) "The court shall order the summons to be published in a named newspape...

Excerpt: ... rough approximation of plaintiff's total recovery and the settlor's proportionate liability, the amount paid in settlement, . . . a recognition that a settlor should pay less in settlement than he would if he were found liable after a trial, . . . the financial conditions . . . of settling defendants, as well as the existence of collusion, fraud, or tortious conduct aimed to injure the interests of nonsettling defendants." (Tech-Bilt, Inc. v. Wo...

Excerpt: ...ke Portions of the Fourth Amended Cross Complaint is GRANTED IN PART AND DENIED IN PART. As a threshold matter, the Court took into consideration Elstead's untimely oppositions to the Demurrer and Motion to Strike as Cross-Defendants were able to substantively respond to Elstead's arguments in reply. Elstead is admonished to comply with the procedural rules and deadlines with respect to filings and service in all future filings. PROCEDURAL HISTOR...

Excerpt: .... (1995) 37 Cal.App.4th 1217, 1227 ["Liberality in permitting amendment is the rule, if a fair opportunity to correct any defect has not been [previously] given."].) "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...

Excerpt: ... Plaintiff alleges that during recess, she was assaulted by a group of boys. Plaintiff alleges that there were no paid employees on the playground, and the one volunteer on the playground only intervened after the assault occurred. Plaintiff alleges that District has failed to discipline Boy 1 or keep him away from Plaintiff, and has allowed Boy 1's parents to question Plaintiff during school hours on school property, without her parents present....

Excerpt: .... . . ." Defendant has not filed any opposition to the motion or made any argument contesting Plaintiff's right to recover principal in the amount of $2,898.00. (See CCP sec. 438.) Should Defendant submit a late-filed opposition, the Court exercises its discretion to disregard any such late-filed document. (Cal. R. Ct., Rule 3.1300(d).) Plaintiff's motion is GRANTED WITHOUT LEAVE TO AMEND. Although the motion also seeks costs pursuant to the Memo...

Excerpt: ...(collectively "J&J"). Plaintiff alleges that Defendant is a "Talc Defendant." Plaintiff alleges that Defendant Rio Tinto Minerals, Inc., a Utah corporation, is the successor-in-interest, parent, alter ego, and equitable trustee of Rio Tinto Minerals, Inc., a Delaware corporation. Plaintiff alleges that all the named Defendants manufactured, sold, distributed, or otherwise placed into the stream of commerce talc powder products containing asbestos...

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: ...rds do not reflect that attorney Huma Ellahie has ever represented Defendant Ariba Investments LLC, which was defaulted on March 25, 2017 without having made an appearance in this case. Huma Ellahie's law firm, Ellahie & Farooqui LLP, was at one point the attorney for Defendant Shariq Mirza, but he has represented himself since September 21, 2017, when a substitution of attorney was filed and served on Plaintiff's counsel. Second, the Stipulation...

Excerpt: ...han within two weeks of the date of this Order, unless the parties stipulate otherwise. Plaintiff's mental state remains in controversy. Plaintiff has not sought leave to amend her complaint to change her allegations to that effect. Plaintiff has not stipulated to limit her evidence at trial. While Plaintiff has proposed a stipulation, the language of Plaintiff's proposal is inadequate to obviate a mental examination, because it does not limit Pl...

Excerpt: ... 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.) Plaintiff filed his Complaint on June 28, 2019, alleging various causes of action in con...

Excerpt: ...hen Defendant Nick Zadrozny, the Chief Executive Officer and other Director on the Board, purported to have Plaintiff removed as a Director and to terminate Plaintiff as a corporate officer in May 2015. Plaintiff's Fourth Cause of Action for Declaratory Relief is simply a restatement of his allegations and contentions in the Second and Third Causes of Action. Defendant One More Cloud contends in its motion that the Court should enter summary judg...

Excerpt: ... San Diego v. Superior Court (2018) 30 Cal. App. 5th 457, 469.) Although the right to counsel of one's choice is an important one, it "must yield to ethical considerations that affect the fundamental principles of our judicial process." (Id.) "At the same time, courts have recognized that a disqualification order is not without cost." (Id.) "[I]t must be kept in mind that disqualification usually imposes a substantial hardship on the disqualified...

Excerpt: ...(See CCP sec. 430.10(e), (f).) "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.) "As a general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true. . . ." (Del E. ...

Excerpt: ...application shall be executed under oath and shall include: (1) A showing of the basis of the plaintiff's claim and that the plaintiff is entitled to possession of the property claimed. If the basis of the plaintiff's claim is a written instrument, a copy of the instrument shall be attached. (2) A showing that the property is wrongfully detained by the defendant, of the manner in which the defendant came into possession of the property, and, acco...

Excerpt: ...tiffs failed to provide adequate notice for this Motion, which should have been served by October 9, 2019 by overnight mail. Instead, the Motion was not served until October 11, 2019. Plaintiffs are admonished to comply with the applicable rules for service in the future. Nevertheless, as Defendants were able to substantively respond, the Court shall rule on the Motion. Plaintiffs seek an order requiring Defendants Red Oak Realty, Inc. ("Red Oak"...

Excerpt: ...ing OE3 as the ACMEA Union; (c) representing OE3 as the current representative of AMCA members regarding the terms and conditions of employment; (d) representing ACMEA and ACMEA members regarding corporate affairs, elections, and terms and conditions of employment, other than the notice of transfer of files and preservation of deadlines during the transfer; (e) obstructing ACMEA's demand to turn over files regarding representation of ACMEA member...

Excerpt: ...ment 517 on October 24, 2018. The Court declines to summarize the procedural history of the case as it has been described sufficiently in its prior orders. Plaintiff's operative Third Amended Complaint was filed on April 10, 2019. Defendants have moved for judgment on the pleadings as to the following causes of action: (1) First Cause of Action for Slander Per Se; (2) Second Cause of Action for Libel under California Law; (3) Third Cause of Actio...

Excerpt: ...finance for the two of the properties under her name alone, and Wendy Tang would manage the properties. A grant deed dated December 12, 2018 stated that Plaintiff was entitled to a 25% ownership and rental income of the subject properties, and Defendants would be entitled to the remaining 75% ownership and rental income. For the third property, Plaintiff and Wendy Tang orally agreed to a different arrangement wherein Plaintiff would be entitled t...

Excerpt: ...mplaint no later than December 3, 2019. Defendant's Motion to Strike is DENIED. 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 alle...

Excerpt: ...rrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike." (CCP § 472(a).) "A party may amend the pleading after the date for filing an opposition to the demurrer or motion to strike, upon stipulation by the parties." (Id.) Plaintiff filed ...

Excerpt: ...ement with Defendant. Plaintiff asserts claims for (1) failure to pay overtime wages; (2) failure to provide meal periods; (3) failure to provide rest breaks; (4) failure to pay minimum wages; (5) failure to timely pay wages; (6) failure to provide accurate and itemized wage statements; (7) collection of due and unpaid wages; (8) and violation of Business & Professions Code Section 17200. Defendant's Motion to Compel Arbitration, Strike Class Cla...

Excerpt: ...y approved the settlement agreement on July 10, 2019, and ordered the parties to give notice of the settlement to the absent class members. The Court CONFIRMS its Order of July 10, 2019, certifying a class for settlement purposes. The Court APPROVES the Settlement Agreement. The Court has considered (1) the relative strength of the Plaintiffs' case; (2) the high risk, expense, complexity, and likely duration of further litigation of this dispute;...

Excerpt: ... below, the motion is DENIED. LEGAL STANDARDS The purpose of summary judgment and adjudication 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.App.5th 214, 220, citing Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843.) Summary judgment is prope...

Excerpt: ...ies an opportunity to address concerns with the form of notice and contents of the proposed settlement agreement. The parties have submitted an Amended Settlement Agreement and revised class notice, and the Court now considers the sufficiency of those documents as revised. When no class has been certified, as is the case here, the Court must determine whether the case meets requirements for certification. (See Anchem Prods., Inc. v. Windsor (1997...

Excerpt: ...v. Proc. § 1005(b).) Plaintiffs served their motion papers on opposing counsel on October 29, 2019, and filed them with the Court on October 30, 2019. The noticed hearing on this motion is November 4, 2019. The motion was, in short, filed on the third Court day before the hearing. Furthermore, the settlement agreement purports to settle claims raised under the Labor Code Private Attorneys General Act of 2004 ("PAGA") (Lab. Code §§ 2698 et seq....