Excerpt: ... 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; cf. 9 USC §§ 1 et. seq.) Here, Plaintiffs file...

Excerpt: ...ness practices, and PAGA claims against defendants Burma Superstar Oakland, Inc.; Bagan Inc.; East-West Holdings; Mya Myanmar, Inc.; Beehive Cafe LLC; Burma Super Star, Inc.; Desmond Tan; Desmond Htunlin; and Jocelyn Lee. There are 347 class members, according the Settlement Administrator's declaration. The case preliminarily settled for $1.3 million. The Stipulation and Settlement Agreement ("Settlement Agreement") states that there will be atto...

Excerpt: ...nce documents protected Plaintiff's beneficial interest in the Guild and its affiliated entities equal to those of other Guild partners. That allegation adequately supports these claims. Whether each of those defendants actually made such representations is an evidentiary issue to be decided at a later stage of this case. The demurrer to the Fourth Cause of Action for Concealment is OVERRULED. Plaintiff alleges that defendants Miranda, Eagle, and...

Excerpt: ... properly pled. See FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 384. It is the Court's experience that virtually no defendant or cross-defendant complies with the requirements set forth in Nakashima. Defendant is hereby ordered to file an Amended Answer to the Complaint and set forth facts that it believes support each affirmative defense. The Court is required to accept the facts as true if Plaintiff were to file a second demur...

Excerpt: ...pressed concern that Plaintiff will appear at her deposition without producing documents. (See, Def.'s Reply, p. 6.) However, Plaintiff herself appears to indicate otherwise, as in her written opposition she states she will "appear for her deposition on March 17, 2020 with documents." (See Pltf.'s Opp., p. 1:21-22; see also Dec. D. Feder, ¶ 13 [stating same].) In any case, the Court does not rule on this issue at this time, because the Court vie...

Excerpt: ...nd Defendant's demurrer to Plaintiff's Second Amended Complaint with respect to the Fourth Cause of Action for conversion as Plaintiff had facts other than breach of contract, and overruled Defendant's demurrer to the First Cause of Action for breach of contract. (Dec. 12, 2019 Order at pp. 2-3.) The Court also granted in part Defendant's Motion to Strike claims for punitive damages, but granted leave to amend if Plaintiff is able to state a conv...

Excerpt: ...tablished probable cause to believe that said vehicle is located at the private place identified in the application at 33791 Remington Drive, Union City, CA 94507. (3) Plaintiff has established that Defendant has no equity interest in the vehicle. IT IS HEREBY ORDERED that the unopposed application by Plaintiff for a writ of possession is GRANTED to permit Plaintiff to demand possession of the Subject Property. Plaintiff has established with suff...

Excerpt: ... owners of the real property, (see Exh. A to FAC), but they are not parties to the present demurrer. "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.) "[I]f a plaintiff pleads a claim that fails to state a cause o...

Excerpt: ...on for unlawful business practices, gross negligence, general negligence, intentional and negligent infliction of emotional distress, and violation of the Consumers Legal Remedies Act ("CLRA"). Plaintiff alleges that she was shopping the children's section of a Target store, where she purchased the Exploding Kittens card game made by EK Defendants for her seven- year-old son. The problem is that Plaintiff accidentally purchased the adult version ...

Excerpt: ...nd Defendant's demurrer to Plaintiff's Second Amended Complaint with respect to the Fourth Cause of Action for conversion as Plaintiff had facts other than breach of contract, and overruled Defendant's demurrer to the First Cause of Action for breach of contract. (Dec. 12, 2019 Order at pp. 2-3.) The Court also granted in part Defendant's Motion to Strike claims for punitive damages, but granted leave to amend if Plaintiff is able to state a conv...

Excerpt: ...s alleged in the pleading are deemed to be true, however improbable they may be." (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Courts "give the complaint a reasonable interpretation, reading it as a whole and its parts in their context." (Goncharov v. Uber Techs., Inc. (2018) 19 Cal.App.5th 1157, 1165.) NEGLIGENCE (FIRST CAUSE OF ACTION) Chase's Demurrer to the First Cause of Action is SUSTAINED. Plaintiff conce...

Excerpt: ...a settlement agreement."].) California follows a two-stage procedure for court approval: first, the Court reviews the form of the terms of the settlement and form of settlement notice to the class and provides or denies preliminary approval; later, the Court considers objections by class members and grants or denies final approval. (Cal. Rules of Court, rule 3.769.) The Court granted preliminary approval of this settlement, conditionally certifie...

Excerpt: ...forcement are defended and that the settlement is fair, adequate, and reasonable under all the circumstances. (Accord O'Connor v. Uber Technologies, Inc. (N.D. Cal. 2016) 201 F.Supp.3d 1110, 1133; see also Gov. 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 settlements, which must also be f...

Excerpt: ...f this Order. STANDARD OF LAW "A party may amend its pleading once without leave of the court at any time before the answer, demurrer, 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.) "The court may, in furtherance of justi...

Excerpt: ... of the previously-scheduled examinations and will entertain a motion for issue-preclusive sanctions. Defendant seeks an order imposing sanctions against Plaintiff I.A., by and through her guardian ad litem, Claudia Sanchez, and their attorney of record, Roseann Torres, in the amount of $7,300.00 for the costs incurred by Defendant for Plaintiff's failure to appear for a mental examination pursuant to the Stipulation and Order re: Mental Examinat...

Excerpt: ...ary 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.) "There is a triable issue of material fact if, and only if, the evidence wou...

Excerpt: ...e medical restrictions. As defendants, the Complaint names Martin's coaches, Lisa Keys and Jessica Chatto, The Regents of the University of California ("UC"), and the USA Federation for Sport Cheering ("USA Cheer"). USA Cheer has moved to quash Martin's service of summons, arguing that this court lacks personal jurisdiction. USA Cheer also demurs to the Complaint and each of its causes of action on grounds that it is uncertain and fails to state ...

Excerpt: ... CCP § 473(b) provides in relevant part: "The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not...

Excerpt: ...on over all of the defendants in this action or that all of the defendants have stipulated to submit to the personal jurisdiction of a Florida court; and (2) that there are no statute of limitations issues if the present case is stayed and a case is filed in a Florida court, or that all of the defendants have stipulated to waive any and all applicable Florida statutes of limitation, if any. (American Cemwood Corp. v. American Home Ins. Co. (2001)...

Excerpt: ...First United Credit Union ("First United") (collectively, "Defendants"). In this action, Broadmoor alleges that the Individual Defendants planned an ouster of Pastor Marcia Flagg ("Flagg") and a takeover of the Board of Directors of Broadmoor by calling an improperly noticed meeting to insert a new unelected Board of Directors. (Second Am. Compl. ¶ 15.) Broadmoor alleges that Porter caused a Statement of Information to be filed with the Californ...

Excerpt: ...for Unlawful Interference with Employment by Threats & Intimidation- Bane Civil Rights Act (Civil Code 52.1.) was granted in error because SSAT faced liability under respondeat superior, 2) the jury was not allowed to consider that Mr. Patalano called the police out to harass Plaintiff, 3) the special verdict form was defective because Question 1 of the special verdict form did not address whether SSAT could be liable not only for harassment by i...

Excerpt: ...tive relief. Under Labor Code 1700.44 (a), if a claim arises under the Talent Agencies Act (TAQA), then "the parties involved shall refer the matters in dispute to the Labor Commissioner, who shall hear and determine the same, subject to an appeal ... to the superior court where the same shall be heard de novo." When a plaintiff files a complaint in superior court without first exhausting the administrative remedy, "the appropriate course is simp...

Excerpt: ...ules of Court, Rule 2.108(4). The notice of motion is confusing and defective, in violation of California Rules of Court, Rules 3.110 et. seq. The motion does not include a memorandum of points and authorities, in violation of California Rules of Court, Rule 3.1113(a). The motion contains no admissible evidence, in violation of California Rules of Court, Rule 3.1306(a). The motion includes no proof of service related to the motion, in violation o...

Excerpt: ...ment amount, so Plaintiffs made a motion to enforce the settlement agreement, which the Court granted. On October 28, 2019, the Court entered judgment against Defendants Robert L. Telles, Jr., and Telles, Walker & Kochenderfer, LLP for $165,359.99 (the "Judgment"). Plaintiff states that the current amount of the Judgment is approximately $175,000 plus attorney's fees and costs to enforce the Judgment. Plaintiff states that the Judgment remains un...

Excerpt: ... an appeal bond or undertaking. Therefore, the present action is not stayed by the appeal, and the Court may grant the unopposed relief Creditor requests. (CCP §§ 917.1, 917.4.) Creditor obtained a judgement on its complaint to, among other things, enforce a mechanic's lien for home remodeling work performed on the real property commonly known as 1118 Manor Boulevard, San Leandro, Alameda County, California (the "Property"). Creditor subsequent...