Excerpt: ...; intentional infliction of emotional distress ("IIED"); assault; battery; sexual battery (Cal. Civ. Code § 1708.5); sexual harassment (Cal. Civ. Code § 51.9); and gender violence and sexual assault (Cal. Civ. Code § 52.4). The eighth cause of action for negligent hiring, supervision and retention is directed to Concerta only. UNDISPUTED AND DISPUTED FACTS Plaintiff Lynda Navarro was an applicant for employment at Concerta and, on August 18, 2...

Excerpt: ...of Justice, by January 24, 2020. At the debtor's examination held on October 29, 2019, Rajesh Puri ("Puri") appeared for Judgment Debtor Yaana. Puri did not produce documents sought by MacFarlane and refused to answer numerous questions. MacFarlane seeks an order scheduling a further debtor's examination, to compel Yaana to produce additional documents, as set out in the Separate Statement of Items in Dispute at the examination, and to compel Yaa...

Excerpt: ...n to Strike as to Plaintiff's third cause of action for abuse of process, but overruled Defendants' demurrer to the FAC's first, second and fifth causes of action (the "defamation related claims"), as well as the fourth cause of action for IIED. Defendants appealed. The court of appeal found that Plaintiff's claim for abuse of process was properly stricken, but his defamation related claims and IIED claim had at least minimal merit, and should no...

Excerpt: ...rceived disability, failure to accommodate, failure to engage in the interactive process, and failure to prevent discrimination. Cal. Govt. Code §12940. The claims went to a bench trial, which concluded on 8/21/2013. The DFEH prevailed on all causes of action except its claim for failure to engage in the interactive process and the court entered judgment in favor of the DFEH for $112,400. In its judgment, the court ruled the DFEH could seek its ...

Excerpt: ...ulings in the bankruptcy proceeding to defend against his claims in this action, but the judicially noticeable documents provided by Plaintiff do not support that conclusion. The bankruptcy estate waived the right to bring affirmative claims against HLF based on claims of malpractice, but the settlement is not reasonably construed as a waiver of AGLLC's rights to defend against claims by HLF to enforce its liens, which were excluded from the bank...

Excerpt: ...aking in the amount of $60,000 to Catalina's counsel, to compensate Catalina for loss of use of the property from the date of the hearing until January 2021. The amount of the undertaking is based on the court's best estimate, given the information provided by Catalina, of the loss Catalina will incur from loss of use, less expenses of ownership, until January 2021, which is the estimated date the court of appeal will rule on Plaintiff's appeal. ...

Excerpt: ...n any county "in which the unlawful practice is alleged to have been committed, ... or in the county in which the aggrieved person would have worked or would have had access to the public accommodation but for the alleged unlawful practice, but if the defendant is not found within any of these counties, an action may be brought within the county of the defendant's residence or principal office." Defendants contend that the alleged unlawful practi...

Excerpt: ...the complaint arose out of his employment with TeneoBio. As such, he cannot be liable for interfering with Plaintiff's employment contract with TeneoBio, because corporate agents and employees acting for and on behalf of a corporation cannot be liable for inducing breach of the corporation's contract. (Mintz v. Blue Cross of California (2009) 172 Cal.App.4th 1594, 1604.) Only noncontracting parties who interfere with the performance of a contract...

Excerpt: ...rmed of the risks he would have consented even if a reasonably person in plaintiff's position might not have consented." Plaintiff does not oppose the addition of the 11th Affirmative Defense. Defendants also seek to add a 12th Affirmative Defense that "The defendants expressed opinions regarding the treatment and procedures relying on their judgment and disclosed the important potential results and the risks of the procedures." Defendants conten...

Excerpt: ...ntify Plaintiff and Plaintiff does not allege facts showing that members of Ace who did not already know about the incident would have been able to identify her as the member "yellow carded" based on a complaint for battery. In addition, Plaintiff alleges that she made contact with "Individual 1" during the incident, and she acknowledges that she was angry when she did so. Plaintiff alleges that she was defending herself, but the facts alleged st...

Excerpt: ...kland. Specifically, Plaintiff alleges that an air vent cover attached to the wall suddenly off the wall and hit her in the head, causing injury. Plaintiff alleges that Defendants RCB, Teresa Ceja, Kimberly Ceja, Fryda's Design, and Saint Jarlath Catholic Church ("St. Jarlath") negligently owned, controlled, supervised, managed, designed, constructed, maintained and operated the premises so as to allow a dangerous condition to exist on the proper...

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: ...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: ...ugust 2, 2013. The subject property included a warehouse. This unlawful detainer action was commenced upon the expiration of a 3-day notice to quit, alleging that lessee Silverado Contractors, Inc. ("Defendant"), which operated a concrete and asphalt recycling facility at the premises, had breached material covenants of the lease by using the property for an illegal purpose (i.e., operating its business in violation of various Oakland municipal o...

Excerpt: ...r Code of Civil Procedure section 664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first." The court's record reflects that the courtroom clerk served the Decision and Order on the parties by mail on 8/9/19. Defendants filed their memorandum of costs on 8/26/19. The fifteenth day after the 8/9/19 service date was 8/24/19, a Saturday. The memorandum of costs ...

Excerpt: ...to file a late claim to the City of Oakland on 5/17/19. (Petition, Exh.B.) The City denied the application on 6/4/19. (Petition, Exh.C.) On 8/13/19, Petitioner timely filed this Petition for relief from the claim presentation requirement under Gov.C.§946.6(b), claiming excusable neglect. If an application for leave to present a claim is denied, a petition may be made to the court for an order relieving the petitioner from Section 945.4. (Gov't C...

Excerpt: ...interest to all five plaintiffs. Pursuant to Labor Code section 1194, Plaintiffs request a total of $70,890 in reasonable fees and $2,319.25 in costs. The court may properly award fees to employees pursuant to Labor Code section 1194 in a Labor Commissioner appeal brought by the employees pursuant to section 98.2. (Eicher v. Advanced Business Integrators, Inc. (2007) 151 Cal.App.4th 1363, 1379-1394.) Plaintiffs request fees for a total of 148.8 h...

Excerpt: ...'s Fremont facility wherein respondent "hit Tesla's security employee ... with his car" and then "fled the scene" in a "reckless manner" as he left the parking lot and (2) an incident on April 6, 2019 on public roads wherein respondent "stalked harassed and endangered" a Tesla Model 3 automobile engaged in autonomous driving testing. On April 19, 2019, Tesla filed the action. On April 19, 2019, the court entered a temporary restraining order and ...

Excerpt: ...the address identified in defendant's notice of Change of Address. No opposition has been filed. As a preliminary matter, Defendant's request for judicial notice of the Complaint filed in HG17859160 (Exh.1), the Special Motion to Strike filed in that case (Exh.2), the 8/16/17 Order granting the motion (Exh.3), and the 12/21/17 Judgment in defendant Carmax's favor and awarding $2,835 in attorney's fees and costs (Exh.4), is GRANTED. (Evid.C.§452....

Excerpt: ...e" that a different result would have been reached if he had been permitted to effectively cross-examine Roe."; (2) The use of different investigators to evaluate the credibility of Roe and Doe was structural error. When a criminal or civil case is tried to the court, then the judge cannot change in the middle of the trial. ... The finding of structural error compels a finding that the due process violation[] was prejudicial."; and (3) The use of...

Excerpt: ...nable time," in no case exceeding six months, after such judgment, order, or proceeding was taken. This motion was not timely filed under CCP §473(b), as it was not filed within six months after default was entered on 10/9/18. Alternatively, Mr. Stapper seeks relief under CCP §473.5, on the ground that he lacked actual knowledge of this action in time to defend. Under CCP §473.5, a party may seek relief from a default judgment where service of...