Excerpt: ...duled for January 27, 2020. As noted in the moving papers, a motion for summary adjudication generally must be heard at least 30 days before trial. (See CCP sec. 473c(a)(3).) However, the Court for good cause can order otherwise. (See id.) Here, the Court finds several reasons constituting good cause for allowing the hearing on the motion for summary adjudication to be heard less than 30 days before trial. Defendants have provided evidence that t...

Excerpt: ... closing arguments made at trial readily support the jury's findings against defendant on the issues of whether substantial evidence supports the jury's verdict, and whether the specific amounts of damages awarded by the jury were excessive. In addition, the Court rejects defendant's assertions that new trial is warranted due to purported errors of law, orders of the court, or claimed abuses of discretion and irregularities in the proceedings, wh...

Excerpt: ...fendants Alameda Health Systems ("AHS") and Narayan Travelstead Professional Law Corporation's (collectively, "Defendants") Motion to Designate Plaintiff as a Vexatious Litigant. The Court held Defendants had not met the first and second prong of the vexatious litigant statute because the federal and state cases against AHS were still pending and/or on appeal so there had not been any final determinations, and Plaintiffs' subsequent actions did n...

Excerpt: ...tlor'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, . . . as well as the existence of collusion, fraud, or tortious conduct aimed to injure the interests of nonsettling defendants." (Tech-Bilt, Inc. v. Woodward-Clyde and Assocs. (1985) 38 Cal. 3d 488, 499.) The Court finds the settlement for $10,000.00, which Telgian wi...

Excerpt: ...2010) 48 Cal.4th 788, 797.) Defendant's Request for Judicial Notice demonstrates that Plaintiffs have filed three prior actions alleging some impropriety with nonjudicial foreclosure proceedings against the real property that is the subject of this action, and that those actions have all been decided adversely to Plaintiffs. (See Defendants' Request for Judicial Notice Exhibits 2, 4, 6, 10, and 20.) The Court observes, however, that Defendants di...

Excerpt: ...y 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 expressly pleaded and matters of which judicial notice has been taken." (Id....

Excerpt: ...l, causing injury. Plaintiff subsequently brought this action against Defendant, who he alleges owns and operates the Altamont Landfill. Plaintiff's Complaint alleges three causes of action against Defendant - negligence, premises liability, and negligence per se - each of which sound in negligence and carry the elements of duty, breach, causation, and damages. Defendant now moves for summary judgment, arguing all of the Complaint's causes of act...

Excerpt: ...ection 835, and common carrier liability under Civil Code section 2100, against both BART and Does 1-25, who are alleged to be BART employees. BART demurs to both claims on behalf of DOES 1-25, arguing there are no facts alleged that establish liability by any individual employees. Neither Government Code section 835 nor Civil Code section 2100 appears to provide for liability by an individual public employee. Furthermore, Plaintiff fails to addr...

Excerpt: ...by ATS, acting as the collection agency for FCOA, that they owed fees in the amount of $1,378.39. On September 24, 2014, FCOA recorded a Notice of Delinquent Assessment ("the lien notice") in that amount on Plaintiffs' real property. On November 6, 2014, Plaintiffs sent a letter to FCOA and ATS disputing that they owed FCOA the amount indicated on the lien notice. In 2017, FCOA filed a small claims lawsuit against Plaintiffs to collect the debt i...

Excerpt: ...ously existed as ARDA LLC fka Anson's Group LLC, or that it had previously done business under other names. The lease is not attached to the complaint. However, the notice, attached to the complaint as Exhibit 2, quotes paragraph 38 of the lease. The court finds that the plain language of paragraph 38, as stated in the notice, fails to identify a breach of any obligation under the lease, because it merely identifies grounds under which plaintiff ...

Excerpt: ...que Martinez ("Martinez") in a personal injury case he filed in Contra Costa County ("the Contra Costa case") in 2011; Defendants Eric Williams and MacMorris & Carbone were retained by CSAA Insurance Group as attorneys for Ennis Mayberry, the defendant in the Contra Costa case. Later that year, Morgan became attorney of record for Martinez, and Plaintiffs filed a notice of lien in that case. Sometime thereafter, counsel in the Contra Costa case r...

Excerpt: ...eement in its current form. In lieu of denying the motion, the hearing on this motion is CONTINUED to January 27, 2020, at 3:00 P.M. in Department 19, Administration Building (Third Floor), 1221 Oak Street, Oakland, to provide the parties an opportunity to revise the Settlement Agreement and provide supplemental material RIGHT TO ORAL OBJECTIONS SHOULD NOT BE WAIVED BY FAILURE TO OBJECT IN WRITING The class notice currently states that "even if y...

Excerpt: ...w Defendant Julia Chung shall respond to the SAC, after it has been served, as provided by the Code of Civil Procedure. "Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading. . . ." (CCP § 576.) Great liberality is afforded a plaintiff to file an amended complaint. (See Cal. Gasoline Retailers v. Regal Petroleum Corp. (1958) 50 C...

Excerpt: ... or City of Oakland heavy weight rules in respect to its drayage operations at the Port of Oakland. Dreisbach also seeks an order requiring PCC to submit compliance reports every 30 days. "In deciding whether to issue a preliminary injunction, a court must weigh two interrelated factors: (1) the likelihood that the moving party will ultimately prevail on the merits and (2) the relative interim harm to the parties from issuance or nonissuance of t...

Excerpt: ...ests that constitute an undue burden to OUSD. OUSD's argument is that, by slightly varying the content and terms of the requests at issue. OUSD's examples include special interrogatories asking for all persons who "assisted in the preparation of" a board resolution, all persons who assisted in the preparation of the factual findings therein, and the official duties of all persons named in those answers. (Special Interrogatories Nos. 3-5, 8-10, 13...

Excerpt: .... R. Landis, Exh. A.) Accordingly, Plaintiff's motion to compel is DENIED AS MOOT. The adequacy of these further responses is not presently or properly before the Court. The Court cannot appropriately address the amended responses here because the record before the Court in regards to those amended responses is necessarily incomplete, given that they were served after this motion was filed. The separate statements of the parties do not address th...

Excerpt: ...83.310 ["An action shall be brought to trial within five years after the action is commenced against the defendant."].) On July 6, 2015, the Court set a trial date of July 15, 2016. On June 21, 2016, this was continued by stipulation to January 13, 2017. On January 4, 2017, that date was continued to January 26, 2018. On January 10, 2018, the trial date was dropped by stipulation. On May 1, 2018, the Court set a new trial date of April 26, 2019. ...

Excerpt: ...ted claims for fraud, intentional interference with prospective economic advantage, breach of contract and breach of the implied covenant of good faith and fair dealing. The Court has reviewed the unredacted version of the Complaint and the newly redacted Complaint lodged by Plaintiff. The Court notes that Plaintiff has impliedly withdrawn many of the proposed redactions in the original Complaint. Plaintiff's publicly filed Complaint is almost co...

Excerpt: ...s." (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: (A) [a] provision of law confers an unconditional right to intervene[;] [and/or] (B) [t]he person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impa...

Excerpt: ...ased. (Code Civ. Proc., § 430.10, subd. (e); 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...

Excerpt: ...actor's license. WSC alleges that it is entitled, pursuant to Business and Professions Code section 7031(b), to recover all the compensation it paid to MPI, in the sum of $1,969,885.92, under the subcontract. In the Second Amended Complaint in this action, Plaintiff Terrence Johnson dba Masterpiece Painting alleges that he performed work on the Warm Springs Project under the subcontract with WSC, for which it he has been paid. There was an earlie...

Excerpt: ...t." (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 general rule in testing a pleading...

Excerpt: ...ies and acts of violence on its property but did not provide notices warning that robberies, theft, and violent acts frequently occur in BART stations and cars. Plaintiff further alleges that BART security cameras were inoperable, and the fact that cameras are frequently inoperable is widely known to would-be criminals. Plaintiff also alleges that BART did not have an employee present in the attendant booth at the time of the attack, and it is wi...

Excerpt: ... 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.) The court may consider all mat...

Excerpt: ...nt with leave to amend. Cross-Complainant filed its First Amended Cross-Complaint on September 3, 2019. Cross-Complainant substantially supplemented its factual allegations in support of its claim of delayed discovery. Cross-Complainant also added allegations that Clark Smith, the Managing Member of CrossLink Networks, LLC, made representations that led Cross-Complainant to believe that it did not need to file a lawsuit to recover the amount owed...

Excerpt: ...t judgment is reasonable based on the criteria set forth in Health & Safety Code section 25249.7(b)(2). The moving papers refer to arm's length negotiations in determining the amount of the civil penalty and references information such as sales records to support argument that the assessed penalties are reasonable. The parties have submitted additional sales information in the form of a declaration from Todd Marcukaitis. While the declaration des...

Excerpt: ...iff filed her initial Complaint nearly three years ago. Plaintiff's motion is granted as to Plaintiff's request to supplement her paragraphs 13.1 and 15.1. The Court understands that Plaintiff claims that the District, and in particular Maggie Riddle, gave preference to white administrators within the District and violated the district policy regarding transfers and demotions of administrators. Plaintiff's proposed supplemental language merely su...

Excerpt: ...rit 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 to an affirmative defense as ...

Excerpt: ...3, 1255.) In order to state a prima facie claim for punitive damages, a complaint must set 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 de...

Excerpt: ...of law. (Code Civ. Proc. § 437c, subd. (c).) A defendant 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).) Once defendant makes this showing, the burden shifts to plaintiff to show the existence of a triable issue of fact regarding the cause of action or defense. (Id.) "Th...

Excerpt: ...ded Complaint. Plaintiff Fuller began working for the County of Alameda in its Temporary Assignment Pool ("TAP") in 2006. She worked as a Food Service Worker in the kitchens of Juvenile facilities of the County Probation Department. Plaintiff and other workers in the TAP would fill in for employees who were on vacation or on a leave of absence. Plaintiff and other workers in the TAP also filled vacant positions while managers engaged in the recru...

Excerpt: ...Defendant argues the Courts of the State of Alaska would be a better jurisdiction for Plaintiff's claims to be heard. "Forum non conveniens is an equitable doctrine invoking the discretionary power of a court to decline to exercise the jurisdiction it has over a transitory cause of action when it believes that the action may be more appropriately and justly tried elsewhere." (Investors Equity Life Holding Co. v. Schmidt (2011) 195 Cal.App.4th 151...

Excerpt: ...No. HF12626309 on September 23, 2013. However, the Court also concluded that the Estate's breach "does not support Plaintiff's claimed entitlement to the 'true assessed value of her community property interest in the real property and business.'" (Aug. 10, 2019 Statement of Decision at p. 7.) "Thus, the damages owed by the Estate for the breach of contract found here are simply contract damages allowed by law." (Id.) "At any time after notice of ...

Excerpt: ...rosecuting Plaintiff as part of People of the State of California v. Harrison, Alameda County Superior Court case no. A132658 (the "Criminal Case"), which resulted in Plaintiff's conviction in 2011. Specially, in this civil action, Plaintiff alleges the Moving Defendants' prosecutorial conduct in the Criminal Case has violated Plaintiff's rights to a fair trial, due process, and a constitutional right to a speedy trial. The Moving Defendant now s...

Excerpt: ...d to be heard in January of 2020. By providing an ample amount of time to amend, the Court is attempting to allow Plaintiffs the opportunity to prepare, file, and serve a single amended complaint that takes into account each of the orders on the various motions to strike, including this motion and the other pending motions. This action arises out of an alleged incident that occurred on a moving walkway installed at a supermarket by the Moving Def...

Excerpt: ...3, 1255.) In order to state a prima facie claim for punitive damages, a complaint must set 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 de...

Excerpt: ...laintiffs allege that decedent received poor care, including lack of prescribed physical therapy, lack of assistance with personal hygiene, and unhygienic conditions such as soiled linen. Plaintiffs allege that decedent's health declined in April 2017, because of the lack of care, substandard care, and unhygienic conditions. Decedent was transferred to Highland Hospital in June 2017, where he was diagnosed with clostridium difficile. Plaintiffs a...

Excerpt: ...h. On 2/15/18, the court issued an order dropping the motion for summary judgment from the calendar without prejudice. The order also stated, "This action is STAYED pending appointment of a personal representative of Mr. Ginn's estate or his successors-in-interest." On 8/7/18, Plaintiffs filed a first amended complaint in which Mrs. Ginn individually and as representative of her husband's estate, asserted claims for wrongful death. Sadly, on 9/5/...

Excerpt: ...horized by contract. (Code of Civ. Proc. § 1033.5(a)(10)(1).) Willig offers evidence that its lease with Espresso Roma included an attorney fees clause allowing the party prevailing on a dispute under the lease to recover reasonable attorney fees. (Compl. Ex. A, p.15, § 31 ["If any Party . . . brings an action or proceeding involving the Premises whether founded in tort, contract or equity, or to declare rights hereunder, the Prevailing Party ....

Excerpt: ... objects that CCIE's motion papers do not include a separate statement under Rule 3.1345(a)(5). CCIE responds that no separate statement is required when "no response has been provided to the request for discovery." (R. Ct. 3.1345(b).) The Court finds that no separate statement was required under Rule 3.1345 and that, even if one were, Plaintiff was not prejudiced by the absence of a separate statement. II. SERVICE OF MOTION ON FAY SERVICING Noti...

Excerpt: ... Bay Co.'s claims for breach of contract and quantum meruit, and (4) for the return of $25,000 held in court escrow is ruled upon as follows: The request for the return of $25,000 held in court escrow is moot. On October 3, 2019, the court ordered that Tenants' funds held by the court pursuant to the court's previous order shall be released upon Tenants' request. The motion to vacate the dismissal entered on September 23, 2019, (and again on Octo...

Excerpt: ...s "All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats." Hobby Lobby employed and employs the employee/witnesses and has their names and contact information. Plaintiffs sought the names and contact information of the employee/witnesses. Following a Belaire-West process, Hobby-Lobby provided the names and contact information to plaintiffs. (Cabral Dec., para 2.) Counsel for pl...

Excerpt: ...ff's response to SSF Nos. 13, 15, and 17-22.) Such tactics made reviewing this motion considerably more time consuming. Plaintiff Deborah Evenich alleges that when she was employed as a teacher at the Steffan Manor School in Vallejo, California, she was exposed to asbestos-containing materials following abatement project conducted in 1997 by defendant Professional Asbestos Removal Corporation and overseen by NAL. NAL propounded comprehensive cont...

Excerpt: ...as to all causes of action except Breach of Warranty of Habitability and Wrongful Eviction, is ruled upon as follows: The motion for judgment on the pleadings on the First Cause of Action for Breach of Covenant of Quiet Enjoyment is DENIED. In their First Amended Cross-Complaint, Tenants allege that Bay Co. interfered with their tenancy in various ways, and eventually forced them to vacate the premises. This is the basis for the First Cause of Ac...

Excerpt: ...n award of attorney fees and costs that are not related to the anti-SLAPP motion. (569 East County Boulevard LLC v. Backcountry Against the Dump, Inc. (2016) 6 Cal.App.5th 426, 433.) Defendant is also entitled to recover statutory costs as the prevailing party in this action. (Code Civ. Proc., sec. 1032(a)(4), (b).) There is no dispute that Defendant is entitled to recover statutory costs of $538.50 incurred in this action and statutory costs of ...

Excerpt: ...Sunny Slope Water Co. v. Pasadena (1934) 1 Cal.2d 87, 99; Walton v. Bank of California (1963) 218 Cal.App.2d 527, 548.) "The fees for transcripts and copies ordered by the parties must be paid by the ordering party." (7 Witkin, Cal. Proc. 5th Judgm § 135 (2008), citing Gov. Code § 69953; Mt. Shasta Power Corp. v. McArthur (1931) 111 Cal.App. 640, 641.) 2. Respondent's request for $319 in duplication costs for copies of "exhibits" attached to se...

Excerpt: ...and the deposition notice in August 2019. The Court compared the five (5) subjects set forth in the subpoena and notice and compared them with the three (3) subjects in Plaintiff's subpoena served on May 13, 2019. The Court cannot agree with the City's assertion that the five (5) subjects are duplicative or that designating one or more of its employees to appear for deposition will be unduly burdensome in view of the issues in this high-value cas...

Excerpt: ...efore or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading. . . ." (CCP § 576.) Great liberality is afforded a plaintiff to file an amended complaint. (See Cal. Gasoline Retailers v. Regal Petroleum Corp. (1958) 50 Cal. 2d 844, 851; Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 760-761 [finding that the policy favoring leave to amend is strong].) Generall...

Excerpt: ...il 15, 2019. The date for Plaintiff's compliance with this Order is 10 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. Plaintiff is ORDERED to consult with her disclosed experts Robert Bresee, Thomas Irmiter, and Tamara Spokane, as is necessary, to obtain the information to respond to these interrogatories. If Plaintiff claims she cannot obtain the infor...

Excerpt: ...Street Fitness, Inc.; Fillmore Fitness, Inc.; Mid Market Fitness, Inc.; Superblock Fitness, Inc.; and Transbay Fitness, Inc., which operate Fitness SF locations in the city and County of San Francisco. In his First Amended Complaint, Howell alleges that Fitness SF pays its trainers a percentage basis commission based on its billing to clients and fails to pay its trainers for time spent working without clients, fails to provide off-duty meal and ...