Excerpt: ...d inadequacy in Ford's Warnings caused his injury; (2) Mr. Stroth's Cause of Action for Negligent Design fails as a matter of law because Plaintiffs cannot establish that a reasonable manufacturer would have used a different design; (3) Mr. Stroth's Cause of Action for Strict Liability - Design Defect fails as a matter of law because Plaintiffs cannot establish that there was anything wrong with the product apart from the claimed lack of warnings...

Excerpt: ...auses of action (Bane Act), Plaintiff argues that the court made an error in law because it did not consider the issue of respondeat superior as to SSAT. However, Plaintiff did not establish who the individuals were who allegedly placed the May 7th hangman's noose, or any of the nooses. In reviewing the specific language of the Bane Act, the law references acts by a "person or persons" and appears to relate to the individual who makes the threat,...

Excerpt: ...with respect to plaintiff Donald Stroth ("Mr. Stroth"). Mr. Stroth, who has been diagnosed with mesothelioma, alleges that he was a flooring contractor who worked with and removed previously laid DAP asbestos- containing adhesives and other products between 1970 to 1978. LEGAL STANDARDS "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, ...

Excerpt: ...nt Bank of the West's V.P. Gail Wilson "told" Plaintiff that if she continued to make her mortgage payments, Defendant would allow Plaintiff two years to bring her business to profitability. This purported forbearance agreement was an oral agreement, but "confirmed in writing by email as well". Defendant allegedly breached this agreement by instituting nonjudicial foreclosure proceedings on October 30, 2019. Plaintiff's cause of action for "inten...

Excerpt: ...ts of a fraud cause of action. A cause of action for fraud must be alleged with particularity. Simply using a Judicial Council form does not make a cause of action demurrer-proof. Here, Plaintiff alleges a "written contract," payment by Plaintiff to Defendants, and that Defendants "did nothing to help Plaintiff reduce her tax liability." (FAC, p. 5.) These allegations may be sufficient to constitute a cause of action for breach of contract, but t...

Excerpt: ...rder. Permobil, to the extent it has not already answered, is ORDERED to answer the remaining allegations of the TAC no later than 20 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. The TAC's Tenth, Eleventh, and Twelfth Causes of Action involve allegations of fraud directed at Permobil. Permobil does not demur to the other causes of action brought again...

Excerpt: ...the Cross-Complaint) only, the cause of action is no longer operative within the Cross-Complaint as to Plaintiffs. Defendants need not file an amended cross- complaint at this time. Any Cross-Defendants who have already answered the Cross-Complaint are not required to file an amended answer to the Cross-Complaint at this time. To the extent they have not already done so, Plaintiffs shall answer the remaining allegations brought against them in th...

Excerpt: ...2020. Unless the parties have or do agree to a stipulation regarding confidentiality, as suggested by Intervenor, sensitive information should be redacted and a redaction log provided by Intervenor to Defendant. B. IDENTIFICATION OF WITNESSES (FORM INTERROGATORY 12.1) To the extent it has not already done so, Intervenor is ORDERED to supplement its response as stated in the parties' Joint Status Report filed on February 6, 2020. C. INCIDENT REPOR...

Excerpt: ...aw Phangureh conspired to steal their several rental properties identified on page 5 of the Complaint. The Court will not attempt to summarize all the facts recited by the two sides, except to note that each side offers a completely different account of what occurred and the motivations behind the parties' actions. The Court recently held a Case Management Conference and set the matter for trial. Although it agrees with Defendants' contention tha...

Excerpt: ...r amended complaint at this time. Any Defendant who has already answered is not required to file an amended answer in response to this Order. AC Transit, to the extent it has not already answered, is ORDERED to answer the remaining allegations of the TAC no later than 20 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. A government entity is not liable fo...

Excerpt: ...y Area Rapid Transit District ("BART") from (1) prohibiting Petitioner from returning to her workplace at eBART in Antioch, California; (2) materially altering Petitioner's work assignments or reporting structure as they existed on October 20, 2019; or (3) taking disciplinary action against Petitioner for returning to work at eBART in Antioch and performing the work assignments and reporting structure as they existed on October 20, 2019. In decid...

Excerpt: ...After filing his Complaint, Plaintiff Satya Velu applied for a temporary restraining order against Defendant. A temporary restraining order was issued on January 28, 2020 and this motion was also ordered. Defendant has not timely opposed the motion in writing. PRELIMINARY INJUNCTION In deciding whether to issue a preliminary injunction, the Court weighs two interrelated factors: (1) the likelihood that the moving party will ultimately prevail on ...

Excerpt: ...ement. Plaintiff eventually vacated the property and now allege in their Complaint that Defendants wrongfully refuse to return Plaintiff's security deposit. Plaintiff now seeks prejudgment attachment of "[a]ny property of [Defendant Vima Harrison 1, LLC]." (See Ntc. of App. filed 1/16/2020, p. 2, item 9(a).) Initially, Plaintiffs' Application is defective. Plaintiffs are corporate plaintiffs; however, the Application is signed by Plaintiffs' liti...

Excerpt: ...try of this Order, as modified for method of service by Code of Civil Procedure section 1013. This action involves, in Plaintiff's words, "a serious trip-and-fall injury caused by an unmarked 3 inch high protruding section of sidewalk at the intersection of 12th and Jackson Streets immediately adjacent to a large 5 story structure in . . . [downtown] Oakland. . . . caused by invasive roots from an adjacent tree." (Pltf.'s Opp., p. 4.) Plaintiff a...

Excerpt: ...tled "Fraud (Negligent/Intentional Misrepresentations)," pursuant to CCP § 430.10(e) and (f), is SUSTAINED WITH LEAVE TO AMEND. The Court completely agrees with Defendants' assertion that Plaintiff has not come close to complying with his obligation to plead specific facts bearing upon each element of his fraud claim. See Lazar v. Superior Court (1996) 12 Cal.4th 631, 645 (allegations must identify the speaker, the dates of the statements, scien...

Excerpt: ...at Plaintiff has submitted a copy of the Settlement Agreement to the LWDA, as required. Nevertheless, if Plaintiff can provide evidence at or before the hearing in this matter tending to show timely service of the Settlement Agreement on the LWDA, the Court would be inclined to grant the Motion on the following terms. The Complaint alleges failure to provide overtime wages, minimum wages, meal and rest periods, unpaid wages, failure to provide ac...

Excerpt: ...ual capacity, has no interest in that contract and thus is not an appropriate defendant on this claim. The motion is DENIED as to the Second Cause of Action for Alter Ego Liability. The County adequately alleges the factual basis for its contention that Wool is the alter ego of CMC. (See Complaint, paragraphs 46-48.) Whether those allegations are true, and whether they are supported by any evidence, is an issue to be determined at a later stage o...

Excerpt: ...er, Defendant has now provided the subject discovery responses and paid the subject monetary sanctions. (See Def.'s Opp., pp. 3:15-4:1 [citing to evidence].) Thus, the underlying basis for this motion is moot. Second, Plaintiff filed this motion during a period of time where Defendant was switching representation, something Plaintiff was aware of. (See Dec. B. Tengberg, ¶ 12.) Once the transition was completed, by all accounts, Defendant's new c...

Excerpt: ...resent trustee" of the 9/3/2005 Deed of Trust executed by defendant Marilu Ibarra ("Ibarra") as Trustor (the "2005 Deed of Trust"); (2) the legal effect, if any, of the Rescission of Full Reconveyance executed by Nationstar and recorded on 5/31/2016 (the "2016 Rescission"); (3) Plaintiff's knowledge, or lack thereof, of the cloud on title created by the 2015 Full Reconveyance when Plaintiff was allegedly assigned its beneficiary interest; (4) Def...

Excerpt: ...aintiff are parties to a written agreement requiring arbitration of the claims asserted against Nakidi in this lawsuit and that Plaintiffhas not made a sufficient showing that Nakidi waived the right to arbitrate the agreement or that "there is a possibility of conflicting rulings on a common issue of law or fact" if the Court orders arbitration of the claims against Nakidi, but not the claimsagainst Defendant Teamsoft Technologies, LLC ("Teamsof...

Excerpt: ...Turner Action will provide greater clarity on the issues raised by Defendant's Motion herein. However, the Court advises the parties that it is not inclined to grant Defendant's Motion to Stay on the facts presently before it. Plaintiff contends that his operative complaint in this action alleges different underlying Labor Code violations than the Turner Action complaint. However, neither party has provided the underlying PAGA notices in the two ...

Excerpt: ...ime. Any Defendant who has already answered is not required to file an amended answer in response to this Order. Oakland, to the extent it has not already answered, is ORDERED to answer the remaining allegations of the SAC no later than 20 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. A government entity is not liable for punitive damages. (See Gov't C...

Excerpt: ...Services LLC (2015) 242 Cal.App.4th 674, 685 (court is tasked with determining the parties' mutual intent); and Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.App.4th 836, 842 (trial court may weigh conflicting evidence to determine whether arbitration agreement exists). Defendants must show that Plaintiff agreed to submit his claims to arbitration under the preponderance of the evidence standard. Id. (trial court correctly denied motion to c...

Excerpt: ...di's right to arbitrate, but is affirmatively seeking its own relief in obtaining an order compelling arbitration of its claims. One party may join another party's motion when the joining party seeks the same relief and has no independent burden in regards to providing support for the motion. (See Barak v. The Quisenberry Law Firm (2006) 135 Cal.App.4th 654, 660- 662.) Here, however, Teamsoft and Nakidi's factual relationship to the arbitration a...

Excerpt: ....) "If a petition . . . is duly served and filed, the court shall confirm the award as made, whether rendered in this state or another state, unless . . . it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding." (CCP § 1286.) "If an award is confirmed, judgment shall be entered in conformity therewith." (CCP § 1287.4.) "The judgment so entered has the same force and effect as, and is subject to all the...