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: ...ural history and facts of this case. The Complaint was filed on April 17, 2017. This case was assigned to Department 517 for all purposes on April 18, 2017. The Court presided over the 23-day jury trial that began in late August 2018 and concluded with a verdict in favor of the People on November 5, 2018. As counsel for the prevailing party, the Attorney General's Office is statutorily entitled to recover its reasonably incurred attorney's fees a...

Excerpt: ...mplainants to perform improvements at the property located at 3525 Joaquin Miller Road, in Oakland. Cross-Defendant allegedly performed all or nearly all of the work before Cross-Complainants terminated him in December 2017 for failure to comply with the terms of the contract. Cross-Defendant submitted invoices to Cross-Complainants that total $276,808.87. Cross-Complainants paid Plaintiff $173,355.75. In their Fourth Cause of Action, Cross-Compl...

Excerpt: ...th Cause of Action for Negligent Misrepresentation, pursuant to CCP § 430.10(e), is SUSTAINED WITH LEAVE TO AMEND. Plaintiff did not comply with its obligation to plead specific facts supporting each element of its fraud claims against Defendants. See Lazar v. Superior Court (1996) 12 Cal.4th 631, 645 (complaint must contain facts showing how, when, where, to whom, and by what means the representations were made); and Tarmann v. State Farm Mut. ...

Excerpt: ... persons similarly situated who have been employed by Defendant as non-exempt electricians in the State of California within the applicable class period [of July 16, 2015 through trial]." Plaintiff's claims of Defendant's policy and practice of failing to abide by applicable Labor laws during the class period are described generally in paragraph 3 of the First Amended Complaint. Defendant contends that this action should be abated because Plainti...

Excerpt: ...nd its non-profit subsidiary, The Institute for Medical Quality ("IMQ") as an Associate Administrator from February 22, 2017 to February 26, 2018. Plaintiff alleges that Defendant Julio Samper sexually harassed her throughout her employment with words and gestures. Plaintiff alleges that Defendants failed to take appropriate corrective action when she reported Defendant Samper's conduct. After taking a medical leave of absence due to her anxiety ...

Excerpt: ...hat Plaintiff's motion is an improperly filed Motion for Reconsideration. See CCP § 1008(a). Defendants' argument has some merit, though the Court holds that Plaintiff can seek sanctions a second or third time if the underlying factual record changes over time. In this case, however, Plaintiff has made his request based on essentially the same record. There is very little in the Declaration of Andrew Reisman, CEO of Elijah Ltd., that was not exp...

Excerpt: ...t ASI Computer Technologies, Inc. and the company's Chief Executive Officer. Marcel Liang is identified as one of the founders of ASI Computer Technologies, Inc. Plaintiff claims that he sued them for fraud because they both controlled the activities of ASI Computer Technologies, Inc. Plaintiff dismissed Defendants just before the commencement of trial in November 2018. Plaintiff's Motion to Tax Defendants' expert fees is GRANTED. Defendants' req...

Excerpt: ... cases raise essentially the same issues and assert the same claims. The earliest such case, Rittmann, et al. v. Amazon.com, Inc., was filed in the U.S. District Court for the Western District of Washington as a putative class action. Based on the current definition of the putative class, Plaintiff Reynolds would be a member if such a class were certified at a later time. As of this date, the parties in Rittmann have completed their briefing on A...

Excerpt: ...iff filed her initial Complaint nearly three years ago. Plaintiff's motion is granted as to Plaintiff's request to supplement her paragraphs 13.1 and 15.1. The Court understands that Plaintiff claims that the District, and in particular Maggie Riddle, gave preference to white administrators within the District and violated the district policy regarding transfers and demotions of administrators. Plaintiff's proposed supplemental language merely su...

Excerpt: ...nt with leave to amend. Cross-Complainant filed its First Amended Cross-Complaint on September 3, 2019. Cross-Complainant substantially supplemented its factual allegations in support of its claim of delayed discovery. Cross-Complainant also added allegations that Clark Smith, the Managing Member of CrossLink Networks, LLC, made representations that led Cross-Complainant to believe that it did not need to file a lawsuit to recover the amount owed...

Excerpt: ...ded Complaint. Plaintiff Fuller began working for the County of Alameda in its Temporary Assignment Pool ("TAP") in 2006. She worked as a Food Service Worker in the kitchens of Juvenile facilities of the County Probation Department. Plaintiff and other workers in the TAP would fill in for employees who were on vacation or on a leave of absence. Plaintiff and other workers in the TAP also filled vacant positions while managers engaged in the recru...

Excerpt: ...and the deposition notice in August 2019. The Court compared the five (5) subjects set forth in the subpoena and notice and compared them with the three (3) subjects in Plaintiff's subpoena served on May 13, 2019. The Court cannot agree with the City's assertion that the five (5) subjects are duplicative or that designating one or more of its employees to appear for deposition will be unduly burdensome in view of the issues in this high-value cas...

Excerpt: ...nt with leave to amend. Cross-Complainant filed its First Amended Cross-Complaint on September 3, 2019. Cross-Complainant substantially supplemented its factual allegations in support of its claim of delayed discovery. Cross-Complainant also added allegations that Clark Smith, the Managing Member of CrossLink Networks, LLC, made representations that led Cross-Complainant to believe that it did not need to file a lawsuit to recover the amount owed...

Excerpt: ...or all purposes. The separate action is currently being prosecuted by Ms. Fisher's successor in interest. Plaintiff Morken alleges that the sales representatives of Vivint Solar, Inc. and Vivint Solar Developer, LLC prey upon individuals who do not know their legal rights. In this case, after Plaintiff's elderly mother expressed interest in having solar panels installed on her roof, Tyler Williams, Defendants' Regional Vice President of Sales Wes...

Excerpt: ...tained a traumatic brain injury as a result of the collision and currently has symptoms of a post-traumatic stress disorder. Counsel for Plaintiff and Defendant do not disagree about the necessity of a neuropsychological examination. Counsel simply disagree about the conditions that each side wants to impose on the examination. The Court met with counsel for an informal discovery conference on September 18, 2019. The Court begins by overruling th...

Excerpt: ...nt due on January 15, 2019. Defendant significantly does not dispute Plaintiff's assertion that it has made only six monthly payments and a $2,000 partial payment. The motion is granted in part because the Court does not agree with Plaintiff's apparent contention that it should enter a Judgment for only the payments that Defendant has missed to date. The Court will instead enter a Judgment in the sum of $125,000.00 with the payments made to date ...

Excerpt: ...sel for Plaintiff gave notice of the settlement to the Court on that same date. Defendant Wente Bros. agreed that it would pay Plaintiff and his attorneys the sum of $1,090,000 no later than twenty-one (21) days after September 6, 2019. Plaintiff Munoz agreed to dismiss his action against Defendant with prejudice within ten (10) days of his and his attorneys' receipt of the four separate checks. In paragraph 11 of the Term Sheet, the parties agre...

Excerpt: ...ment 517 on October 24, 2018. The Court declines to summarize the procedural history of the case as it has been described sufficiently in its prior orders. Plaintiff's operative Third Amended Complaint was filed on April 10, 2019. Defendants have moved for judgment on the pleadings as to the following causes of action: (1) First Cause of Action for Slander Per Se; (2) Second Cause of Action for Libel under California Law; (3) Third Cause of Actio...

Excerpt: ...ff alleges in her First Amended Complaint ("FAC") that she served as the Chief of Staff of Dr. John Stobo, Executive Vice President of UC Health, from 2015 until March 2018. Prior to that period, Plaintiff was the Budget Coordinator and Director of Finance for UC Health. UC Health is part of the Office of the President. Plaintiff claims that she was constructively discharged in when she elected early retirement, shortly after taking a medical lea...

Excerpt: ...ty from Tolia in 1998, and then decided not to record the Grant Deed with the County Recorder or notify the mortgage lender, Wells Fargo Bank. Cross-Complainant Rost twice amended his Cross-Complaint under threat of a Demurrer by counsel for Cross-Defendant. The Second Amended Cross- Complaint was filed on April 10, 2019. Cross-Complainant alleges in paragraph 2 of the Second Amended Cross-Complaint that he and Cross-Defendant created a de factor...

Excerpt: ...f's vehicle is referred to in the First Amended Complaint as "the Subject Vehicle." Plaintiff also makes allegations regarding so-called "Class Vehicles" in the First Amended Complaint. The Court could not find a special definition for that term in the First Amended Complaint. Plaintiff identified a total of 51 alleged defects with his vehicle in paragraph 8 of the First Amended Complaint. The majority of the defects concern defects with Kia's GD...

Excerpt: ... Complaint filed on August 28, 2019. Plaintiff purchased her property in the Oakland hills in 2015. Defendant Yu purchased the property known commonly as 80 Roble Road and 90 Roble Road in December 2015 or January 2016. The parties have not indicated that any structures existed on the Yu property at the time that he acquired it. Defendant Yu and his business partner Balbir Singh intend to construct single-family homes on the property for sale. Pl...

Excerpt: ...ing from the original date due to the absence of evidence presented by the parties. See City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1264-1265 (court must have some evidence to support its decision on a motion for determination of good faith settlement). The Court appreciates the supplemental memoranda filed by Defendants Gerlyn Neau and George Neau and the County of Alameda. The parties' supplemental papers attached the re...

Excerpt: ...Estate Solutions, LLC are engaged in the business of acquiring properties and then selling them after performing some improvements and remedial work. Defendants Laura Blair and Carlos Plazola are the principals of Defendants. Plaintiff alleges in the Second Amended Complaint that the entity Defendants are all previous owners of the subject property located at 3000 Sheffield Avenue, in Oakland. Plaintiff and Defendants closed on the transaction ($...