Excerpt: ... to sign a severance agreement that included a waiver of claims. (Cpt, para 12-13, Exh A.) This is a demurrer, so the court assumes the allegations of the complaint to be true. The court considers the settlement agreement that is attached to the complaint. (Hoffman v. Smithwoods RV Park, LLC (2009) 179 Cal.App.4th 390, 400 ["We also consider the complaint's exhibits"].) The complaint asserts claims 1, 2, 4, 5, and 6 relating to the termination of...

Excerpt: ...the original complaint with leave to amend, identifying various ways that the complaint was not adequate. The First Amended Complaint filed 8/25/20 is an amendment or supplement to the Original Complaint rather than a comprehensive document. In addition, the First Amended Complaint as filed and scanned with the court on 8/25/20 has only two (2) pages. The document does not cover all causes of action, is not signed, and references exhibits but doe...

Excerpt: ...inst H&H, (3) NorCal was to pay Lutz $30,000 in installments, and (4) if NorCal defaulted, then Lutz could seek judgment against NorCal. The 1AC asserts causes of action against Hancock and Handeland ("H&H") for (2) declaratory relief, (4) fraudulent inducement to contract, (5) rescission of contact, and (6) unjust enrichment. The 1AC alleges at para 4(A) that Lutz Construction Services assigned its rights under the agreement to plaintiff Quigley...

Excerpt: ...davits and authenticated documents; an unverified complaint may not be considered as supplying the necessary facts. (Nobel Floral, Inc. v. Pasero (2003) 106 Cal.App.4th 654, 657- 658.) Once facts showing minimum contacts with the forum state are established, it becomes the defendant's burden to demonstrate that the exercise of jurisdiction would be unreasonable. (Snowney v. Harrah's Entertainment, Inc. (2005) 35 Cal.4th 1054, 1062.) When there ar...

Excerpt: ...inst H&H, (3) NorCal was to pay Lutz $30,000 in installments, and (4) if NorCal defaulted, then Lutz could seek judgment against NorCal. The 1AC asserts causes of action against Hancock and Handeland ("H&H") for (2) declaratory relief, (4) fraudulent inducement to contract, (5) rescission of contact, and (6) unjust enrichment. The 1AC alleges at para 4(A) that Lutz Construction Services assigned its rights under the agreement to plaintiff Quigley...

Excerpt: ...negligence on behalf of various Defendants, he was injured. Cross-Complainant Perez asserts that there was a hidden ultra-hazardous condition at the property and that as a result of the incident he was also injured. Perez alleges that various cross-defendants failed to take appropriate precautions to protect Perez from dangerous conditions of the premises, including the risks of electrocution and explosion at the Main Distribution Panel. THE MOTI...

Excerpt: ... ("If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement".) The Settlement Agreement contained a confidentiality clause, prohibiting the Parties from disclosing many of the details of the Agreement, including the amount of the settlement. (Rolando Decl., Exh. 1, Art. 5.0.) In 2020, Plaintiff sought a restraining order against Defendant, wh...

Excerpt: ...ernative Holdings gave notice on June 5, 2019, of a trustee's sale. Plaintiffs sought to prevent the foreclosure and obtained a Temporary Restraining Order ("TRO"). Thereafter, Plaintiffs filed a complaint seeking to recover the attorney's fees incurred in seeking the TRO; an "overpayment" by Plaintiffs to satisfy the loan at issue; and punitive damages. The SAC contains four causes of action: (1) breach of contract; (2) violation of statute (Civ...

Excerpt: ... of taping her catheter. (Compl., p. 5:12-14.) Thereafter, Plaintiff alleges she told several hospital employees about the alleged assault, but none of them took any action, including but not limited to giving Plaintiff a rape exam. (Compl., p. 11:13-22.) These other hospital employees who are named as Defendants are: Rohini Erik Noronha, M.D. who is identified as the "hospitalist physician" (Compl.p.8:10-13); Defendant Ruby Lantican who is ident...

Excerpt: ...e 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 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 ...

Excerpt: ... of taping her catheter. (Compl., p. 5:12-14.) Thereafter, Plaintiff alleges she told several hospital employees about the alleged assault, but none of them took any action, including but not limited to giving Plaintiff a rape exam. (Compl., p. 11:13-22.) These other hospital employees who are named as Defendants are: Rohini Erik Noronha, M.D. who is identified as the "hospitalist physician" (Compl.p.8:10-13); Defendant Ruby Lantican who is ident...

Excerpt: ... Defendant moves to strike the references to Government Code section 815.6 and to Article I, section 28 subd(c) (the California Safe Schools Act) in the FAC. First, Plaintiff concedes that the Safe Schools Act does not create a private right of action. Accordingly, the reference to Article I, section 28(c) is hereby STRICKEN from the FAC. Next, as to the reference to Government Code section 815.6 at page 4:24-25 in the FAC, the Court finds that t...

Excerpt: ...s to strike Plaintiff Keashalia Pierce's prayer for punitive damages. Plaintiff was a tenant residing in an apartment owned by Defendants. In her Complaint, Plaintiff asserts Defendants engaged in a "pattern of harassment and intimidation" towards Plaintiff after she complained about multiple habitability issues in her apartment. (Compl., para. 9.) On a motion to strike pursuant to C.C.P. sec. 436, the Court "may," but is not required to, "[s]tri...

Excerpt: ...on April 18, 2017. Both Petitioner and The Regents seek a Court declaration as to which is the prevailing party in this matter, and an award of attorney's fees. THE REGENTS ARE NOT ENTITLED TO ATTORNEY'S FEES BECAUSE THE PETITION WAS NOT FRIVOLOUS The PRA provides that the court shall award court costs and reasonable attorney fees to a petitioner should the petitioner prevail in litigation. (Bertoli v. City of Sebastopol (2015) 233 Cal.App.4th 35...

Excerpt: ...sory estoppel; and 4) Intentional Infliction of Emotional Distress. Plaintiff failed to comply with the Government Claims Act by alleging facts demonstrating or excusing compliance with the Act. (Govt. Code sec. 946.6.) Plaintiff does not allege she timely filed a government claim or an application for leave to file a later claim; or that she successfully petitioned for relief from the claim-filing requirements under the Government Code. "[F]ilin...

Excerpt: ...crow. The FACC alleges the following causes of action against Moving Defendants: 1) Implied and Equitable Indemnity; 2) Partial Implied and Equitable Indemnity; 3) Comparative Fault; and 4) Declaratory Relief. LEGAL STANDARD "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 st...

Excerpt: ...declaratory relief, the case proceeded to a jury trial on Plaintiff's claim of bad faith resulting in a jury verdict for Plaintiff and an award of damages for breach of contract and bad faith. The Court of Appeal reversed and remanded. (Victaulic Co. v. American Home Assurance Co. (2018) 20 Cal.App.5th 948.) The matter is currently set for trial on October 4, 2021. LEGAL STANDARD Pursuant to Civil Procedure section 436, a "court may, upon a motio...

Excerpt: ...l facts exists as to that defense. In doing so, the plaintiff cannot rely on the mere allegations or denial of his pleadings, "but, instead, shall set forth the specific facts showing that a triable issue of material fact exists...." (Bay Area Rapid Transit Dist. v. Superior Court (1996) 46 Cal.App.4th 476, 480-481.) This matter arises from Defendant's refusal to indemnify Plaintiff for the loss of his vehicle (the "Vehicle"), which was insured b...

Excerpt: ...im alleged in Plaintiffs' Complaint is that for PAGA violations. Defendant seeks to bifurcate this action into two phases. Defendant urges the Court to first adjudicate the issue of Plaintiffs' "individual" misclassification claims. Only if the Court determines Defendant misclassified Plaintiffs, would this matter enter a second phase in which the Parties engage in discovery related to other "aggrieved employees," and adjudicate liability and dam...

Excerpt: ...s Complaint alleges causes of action for: 1) vicarious liability for negligence under Government Code sec. 815.2; 2) dangerous condition of public property under Government Code section 835; 3) negligent hiring; 4) negligent supervision; 5) negligent retention; and 6) gross negligence. LEGAL STANDARD A defendant moving for summary judgment meets its burden of proof of showing that a cause of action has no merit if that party shows that ... there ...

Excerpt: ...aratory Relief regarding the meaning of "occurrence"; 4) Fourth Cause of Action for Declaratory Relief regarding payment of policy benefits; and 5) Fifth Cause of Action for Declaratory Relief regarding erosion and/or exhaustion of policy limits. BACKGROUND Plaintiff manufactured mechanical pipe joining products (e.g., couplings and valves). Defendants American Home Assurance Company, The Insurance Company of the State of Pennsylvania, National U...

Excerpt: ...he Motion demonstrates that Defendant served Plaintiff with a Subpoena on April 21, 2020, scheduling his oral deposition on May 1, 2020. (Droege Decl., ¶¶ 9-10 and Exh. F.) "Personal service of any deposition subpoena is effective to require all of the following of any deponent who is a resident of California at the time of service: (1) Personal attendance and testimony, if the subpoena so specifies. (2) Any specified production, inspection, te...

Excerpt: ...knowledge of a long history of violence at the San Leandro BART station; 2) the parking lot was inadequately lit; 3) the landscaping in the parking lot was improperly maintained; and 4) the security staff at the parking lot was inadequate. (FAC, p. 4.) LEGAL STANDARD "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 t...

Excerpt: ...efendant FFE Transportation Services ("FFE"). Two discovery motions are presently before the Court, both involving Plaintiff's request to inspect one of the tires from the tractor involved in the accident. On May 28, 2020, Plaintiff filed a motion to compel further response and production of tangible item, seeking an order requiring Defendant to produce for inspection one of the tires on the tow truck that allegedly caused the accident. On July 2...

Excerpt: ...) Following the accident, Plaintiff released his vehicle to Defendant with the expectation that the vehicle would be repaired. (FAC, para. 4.) At some point, it appears Defendant attempted to return the vehicle to Plaintiff. (FAC, para. 8 (alleging Farmers "threaten[ed] to drop off plaintiff's vehicle at his place of residence.") LEGAL STANDARD "A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v. Trader...