Excerpt: ...) In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference. (e) Notwithstanding any other provision of law, the court...

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: ...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: ...ants", plural, did. Plaintiffs' failure to allege what each of the moving Defendants did or differentiate between them makes her claims against each of them uncertain. Second, as to Plaintiff's First Cause of Action for Elder Abuse, Plaintiff must clearly allege facts demonstrating that the moving Defendants had the responsibility for for meeting the basic needs of decedent, and that they denied or withheld goods or services necessary to meet the...

Excerpt: ...e and scope. The Court finds these objections to be valid. Though the scope of discovery is broad, ICT has not sufficiently demonstrated how this Interrogatory seeks information that may lead to the discovery of admissible evidence. The reasons for compelling a further response, set forth in the separate statement, do not include facts showing the potential relevance of each and every one of Plaintiff's customers over a fifteen year period of tim...

Excerpt: ..., 2020, only seven (7) court days before the hearing. See CCP § 1005(b). The late opposition papers were sent to Defendant's attorney by overnight delivery on Saturday, February 1, 2020. The Court notes that Plaintiffs' counsel filed his papers in opposition to Defendant's first Motion to Quash only three (3) court days before the hearing. The late opposition was noted in the December 19, 2019 order. The fact that the Court considered the opposi...

Excerpt: ...en the action was first filed in 2012. The Court was then forced to vacate the December 9, 2019 trial date after it granted the motion in part with leave to amend. Defendants now claim that it would be unfair to require them to start trial without an opportunity to depose Plaintiff regarding the new facts. The Court disagrees. First, the Court rejects Defendants' contention that Plaintiff is required to include all evidentiary facts in his pleadi...

Excerpt: ...hanna and Bounprakob to Comply with Deposition Notice. The Court also imposed monetary sanctions against Defendants in the aggregate sum of $3,000.00. The Court takes judicial notice of the three discovery orders. Plaintiff has filed this Motion for Terminating Sanctions based upon Defendants' asserted willful failure to obey any of the orders. Plaintiff contends that Defendants paid only $1,000.00 of the $3,000.00 awarded. Defendants' failure to...

Excerpt: ...mplaint and Plaintiff's evidence, the Court declines to issue the requested injunction because he has not shown that a reasonable probability exists that he will prevail on the merits of his claims. See Costa Mesa City Employees' Ass'n v. City of Costa Mesa (2012) 209 Cal.App.4th 298, 309 (court lacks discretion to grant an injunction if no reasonable probability of success is shown); and San Francisco Newspaper Printing Co., Inc. v. Superior Cou...

Excerpt: ...t in the action as a whole[;] [and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that ...

Excerpt: ...cts 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 against a demurrer the facts 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 ...

Excerpt: ...onliffe (1994) 7 Cal.4th 634, 638.) The trial court also may consider matters of which it may take judicial notice. (Code Civ. Proc., § 430.30, subd. (a); City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) A demurrer can be used to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (Blank, supra, 39 Cal.3d at p...

Excerpt: ... that Shaun Ferderer, an "Alameda County Firefighter," was injured on May 7, 2018, when the ambulance he was in entered an intersection in Hayward against a red light and collided with a vehicle driven by Defendant Luis Carlos Salazar, Jr. and rolled over. Lauren Ferderer has filed a loss of consortium claim. Plaintiffs claim that their injury was proximately caused by the negligence of Salazar and the driver of the ambulance, Kendyl Marie Post. ...

Excerpt: ...ther trustee's sale, pending resolution of this case or further order of the court. In this action, Plaintiff alleges that he owns real property at 936 Bayview Avenue, Oakland, California. Plaintiff alleges that in 2001, he borrowed money secured by a deed of trust on the property. Plaintiff alleges that Defendant U.S. Bank is the assignee of the deed of trust, and U.S. Bank has hired Fay Servicing to service the loan. Plaintiff alleges that he d...

Excerpt: ...reditors oppose this motion but concede that they will not inquire into any communications between Adams and either J&H or National Fire. Adams moves to join the motion. Because her motion seeks the same relief based on the same facts and law, her request for joinder is GRANTED. Depositions of opposing counsel are presumptively improper and require a showing of "extremely good cause." (Carehouse Convalescent Hosp. v. Superior Court (2007) 143 Cal...

Excerpt: ... elements of these causes of action as a matter of law. Plaintiffs' Opposition to the MSA does not address Defendant's contentions, except to state in response to each of Defendant's Undisputed Material Facts Nos. 1-44, "Plaintiffs hereby waive their [third/fourth] cause of action for [negligent misrepresentation/fraud by nondisclosure.]" Therefore, the MSA with respect to Plaintiff's Third and Fourth Causes of Action is GRANTED. With respect to ...

Excerpt: ...m the FAC allegations related to punitive damages, emotional distress damages, and "medical, incidental, and service" damages. (See CCP §§ 435, 436.) The overwhelming majority of Defendants' arguments here contend that Plaintiff's various requests for damages are barred by the mediation privilege. As the Court has already addressed at length in its Order regarding Defendants' demurrer, the mediation privilege is an evidentiary privilege and it ...

Excerpt: ...m the FAC allegations related to punitive damages, emotional distress damages, and "medical, incidental, and service" damages. (See CCP §§ 435, 436.) The overwhelming majority of Defendants' arguments here contend that Plaintiff's various requests for damages are barred by the mediation privilege. As the Court has already addressed at length in its Order regarding Defendants' demurrer, the mediation privilege is an evidentiary privilege and it ...

Excerpt: ...ion began as an auto-accident personal injury case in Sacramento County Superior Court on November 13, 2018. On December 13, 2018, the plaintiff amended her complaint and named the Judicial Council as a defendant, asserting a right to declaratory relief regarding the validity of the nonrefundable jury demand fee set by CCP section 631, subdivision (b). Relief in this case also turns on the validity of that enactment. On May 16, 2019, the Dayoun p...

Excerpt: ...mages. (Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6.) Instead, there must be "sufficient facts alleged to support the allegation" that the defendant was guilty of "malice" within the meaning of the statute. (Id., at pp. 6-7; see also Brousseau v. Jarrett (1977) 73 Cal.App.3d 864, 872 ["the second count's conclusory characterization of defendant's conduct as intentional, willful and fraudulent is a patently insufficient statement of 'oppr...

Excerpt: ...e process of being transferred from the County of Mendocino to the County of Alameda at the time the subpoenas issued. Thus, Petitioners were not unreasonable in their actions. Importantly, the Superior Court is one state court organized into branches by county. (See San Joaquin Drainage Dist. v. Sup. Ct. (1925) 196 Cal. 414, 432.) Thus, Respondent's perception of Mendocino County's Court as being an entirely separate court is false. Also, the ma...

Excerpt: ...ortions of the First Amended Complaint on October 31, 2018. On December 10, 2018, the Court set the matter for a jury trial commencing on July 6, 2020. Plaintiff Bonner alleges that Defendant breached the terms of the insurance agreement when it denied his first-party loss claim. Plaintiff alleges that on April 2, 2016, an unknown individual forcibly took his 2015 Mercedes Benz CLS63 while he was parked on the street in Oakland. Plaintiff, who wo...

Excerpt: ...itution by buying the vehicle back from him or providing an acceptable replacement. As the moving party, Defendant Mercedes-Benz USA, LLC bears the initial burden of producing sufficient admissible evidence to make a prima facie showing that no triable issues as to any material facts exist and that it is entitled to judgment as a matter of law. See Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. "A prima facie showing is one that is...

Excerpt: ... September 6, 2016, and that during that transportation he was not certain whether the pain he was experiencing was caused by Falck's manner of transportation or by his injuries from his prior car accident. But this is not a "new" fact, because Plaintiff has been aware of his automobile accident since August 24, 2016. Plaintiff could have - but did not - clarify his understanding of the injuries he suffered, and when learned of them, in his origi...

Excerpt: ...mely service on Plaintiff at his address of record, and Plaintiff has not timely submitted any written opposition. The Court finds AC Transit's meet and confer efforts adequate. The demurrer demonstrates that Plaintiff's Complaint, filed on October 25, 2019, does not state facts sufficient to constitute a cause of action and is uncertain, including for the following reasons: First, a complaint must contain "a statement of the facts constituting t...