Excerpt: ...them to incur damages. Defendants failed to appear in the case. On 2/23/11, after a default prove-up, the court entered judgment for plaintiffs in the amount of $66,023.30. On 10/25/17, an abstract of judgment was issued. In 2017 and 2019, writs of execution were requested, and issued. Defendants seek to set aside the abstract of judgment and subsequent writs under CCP §473(d), on the ground that the 2011 judgment was void. CCP §473(d) provides...

Excerpt: ...them to incur damages. Defendants failed to appear in the case. On 2/23/11, after a default prove-up, the court entered judgment for plaintiffs in the amount of $66,023.30. On 10/25/17, an abstract of judgment was issued. In 2017 and 2019, writs of execution were requested, and issued. Defendants seek to set aside the abstract of judgment and subsequent writs under CCP §473(d), on the ground that the 2011 judgment was void. CCP §473(d) provides...

Excerpt: ...otion on Ruiz and Lagorreta in the manner of a summons and complaint sufficiently in advance of the continued hearing date to comply with CCP section 1005(b). State Farm shall file a proof of service at least 5 court days before the continued hearing date. BACKGROUND/RECOMMENDATION 9/27/19 Petition of State Farm for Superior Court case # for the purpose of issuing subpoenas for the production of documents. Petitioner is investigating a claim of i...

Excerpt: ...se of operating Moxy Beer Garden, a taproom and restaurant, at the premises, and that it was an intended beneficiary of the lease. Moxy alleges Perez breached the lease by failing to extend the lease at the request of Michael Voisenat, and instead requiring Moxy to execute a new lease, which never occurred. Moxy alleges that Michael Voisenat properly exercised the option to extend by notifying Perez by email of his intent, and seeks to enforce th...

Excerpt: ...ection 835, and common carrier liability under Civil Code section 2100, against both BART and Does 1-25, who are alleged to be BART employees. BART demurs to both claims on behalf of DOES 1-25, arguing there are no facts alleged that establish liability by any individual employees. Neither Government Code section 835 nor Civil Code section 2100 appears to provide for liability by an individual public employee. Furthermore, Plaintiff fails to addr...

Excerpt: ... or City of Oakland heavy weight rules in respect to its drayage operations at the Port of Oakland. Dreisbach also seeks an order requiring PCC to submit compliance reports every 30 days. "In deciding whether to issue a preliminary injunction, a court must weigh two interrelated factors: (1) the likelihood that the moving party will ultimately prevail on the merits and (2) the relative interim harm to the parties from issuance or nonissuance of t...

Excerpt: ...imely filed. On 10/24/19, after this motion was filed, Defendant filed notice of an undertaking. Defendant urges the court to deny this motion on the ground that it was not served in accordance with the requirements of CCP §1005(b). Defendant's opposition addresses the motion's merits, and does not demonstrate any prejudice arising directly from the service issue. Accordingly, the court considers the motion on its merits. Cal.Labor Code §98.2(b...

Excerpt: ...or Fair Franchising v. Southland Corp. (2000) 85 Cal. App. 4th 1135.) In reviewing class settlements, the Court acts both as a neutral decision maker and as a guardian of the absent class members. (In re Warfarin Sodium Antitrust Litig. (3rd Cir. 2004) 391 F.3d 516, 534 ["the district court acts as a fiduciary who must serve as a guardian of the rights of absent class members"].) Class actions cannot be dismissed without Court approval. CRC 3.770...

Excerpt: ...857776, pursuant to Evid.C.§452(d)(1), is GRANTED. Plaintiff's Request for Judicial Notice of Defendant FLRish Retail Managements' Fourth Amended Response to Form Interrogatories - Employment, in Sandy Torres v. FLRish Retail Management and Security Services, LLC et al., RG17857776, pursuant to Evid.C.§452(d)(1), is DENIED. LEGAL STANDARD ON SUMMARY ADJUDICATION A party may move for summary adjudication as to one or more causes of action within...

Excerpt: ...f the litigation rather than merely convenient or beneficial to its preparation. Allowable costs "shall be reasonable in amount." Costs that are not mentioned in section 1033.5 "may be allowed or denied in the court's discretion." (CCP §1033.5(c)(1) - (3).) As set forth below, the motion is granted as to $5,969.50 in costs, as set forth below. The motion is GRANTED as to $390 in CourtCall costs under items 1(d), (e), (h), and (j). Court Call cos...

Excerpt: ...court at the hearing"]; Juge v. County of Sacramento (1993) 12 Cal.App.4th 59, 69, 70 [similar].) TENTATIVE DECISION The Demurrer of Alameda County Board of Education and Albany Unified School District to the First Amended Complaint is OVERRULED. The court grants petitioner leave to amend to file a Second Amended Petition that is a complete standalone document and is not conjoined with a memorandum of points and authorities. Petitioner may also a...

Excerpt: ...ly and concisely all material facts that the moving party contends are undisputed." Similarly, Cal. Rule of Court 3.1350(d)(2) limits the separate statement to "only material facts and not any facts that are not pertinent to the disposition of the motion." Plaintiff did not file a responsive separate statement, but instead objects to the defendants' separate statement on the ground that it is not limited to material facts, and undermines the obje...

Excerpt: ...Port Oakland, LLC, from whom PCC apparently intends to seek discovery, preclude it from participating in a trial on Plaintiff's sole claim of unfair business practices, or that the parties' discovery disputes have deprived it of a "reasonable opportunity" to conduct discovery germane to Plaintiff's UCL claim. In any event, the court finds that alternative means exist to adequately address the issue that gave rise to this motion for continuance. (...

Excerpt: ...ances cited by PCC supplant this court's jurisdiction over an unfair competition claim between two private entities, regardless of whether the alleged anti-competitive conduct occurred on city property. The cases relied upon by PCC are inapposite because they concern the City's exclusive right to enforce its own regulations as against private individuals or entities operating on City property. (See, e.g., City of Oakland v. Horgan (1940) 41 Cal.A...

Excerpt: ...ues, damages, declaratory relief, and injunctive relief, concerning Azari's conversion of Unit 1 into two separate units in alleged violation of the CC&Rs. In May 2015, the case was referred to private mediation. The parties subsequently entered into a Mediation Agreement that required Azari to pay $11,000 to the HOA to be held in trust, to pay monthly ongoing HOA dues, to produce certain documentation, and to require tenants to use Unit 1 as a s...

Excerpt: ...cond Amended Complaint ("SAC"). The prior ruling on this cause of action is maintained. The court assumes Plaintiff has re-pleaded this claim to preserve it in connection with a potential appeal. KMA again demurs to the fifth cause of action for fraudulent inducement by intentional misrepresentation, on the ground that Plaintiff fails to allege facts sufficient to demonstrate that KMA knew that the representations in its marketing materials were ...

Excerpt: ... right to discovery in civil harassment cases. Civil harassment proceedings are designed to be accessible by unrepresented people. In this case, Respondent repeatedly emphasizes the need for discovery, and contends that Petitioner engaged in discovery abuse. There is no provision under CCP section 527.6 allowing for discovery, and in any case, under the civil harassment scheme there is insufficient time in which to conduct discovery. (Thomas v. Q...

Excerpt: ...her ACCO was involved in the conduct alleged to constitute conversion of his vehicle. Plaintiff's sole basis for asserting a conversion claim against ACCO appears to be the conclusory assertion that defendant York Risk Services Group, Inc. ("York"), a third party claims administrator, was acting on ACCO's behalf as its agent, and that ACCO is therefore liable for alleged wrongdoing by employees of York, as York's principal. None of the legal auth...

Excerpt: ...e court finds that this action is barred by the doctrine of res judicata, as it is nearly identical to the complaint Plaintiff filed in Case No. HG17859160, Fuller v. Carmax, and arises from the same conduct alleged in support of that Complaint. In that case, the court granted defendant's Special Motion to Strike on 8/16/17, having found that the alleged conduct was petitioning activity protected under both CCP §425.16 and Civil Code §47(b), aw...

Excerpt: ...ice under CCP §1161(2), and no such notice is alleged in the FAC, and (2) the FAC is uncertain because it alleges $292,298.45 in past-due rent, while the attached five-day notice states the amount due as $191,193.82. NOTICE REQUIREMENT IN LEASE Paragraph 19.1.1 of the Lease states that an "Event of Default" occurs with "Any failure by Tenant to pay any Rent or any other charge required to be paid under this Lease, or any part thereof, when due u...

Excerpt: ...does not limit the applicability of section 1788.61 to debts purchased before 1/1/14, attaching copies of legislative reports regarding the intended effect of §1788.61. (Reply, Exh.A., B.) Under the plain language of Civil Code 1788.61(d), "This section shall apply to a default or default judgment entered on or after January 1, 2010, except in the case of identify theft or mistaken identity, in which case this section shall apply regardless of t...