Excerpt: ...cted to drop the fraud cause of action in his First Amended Complaint. The First Amended Complaint includes two causes of action: (1) conversion; and (2) violation of Penal Code § 496 (receiving or buying stolen property). Defendants have filed a demurrer to the First Amended Complaint and urged the Court to deny Plaintiff leave to amend. Based on its review of the First Amended Complaint and the parties' written submissions, the Court sustains ...

Excerpt: ...erve his Memorandum of Costs seeking reimbursement of $58,964.95. Defendant filed her Motion to Strike and/or Tax Costs on July 16, 2020. Defendant's motion is granted because the Court does not agree with Plaintiff's contention that he is the "prevailing party." See CCP § 1032(a)(4). The Court is quite familiar with the facts and the procedural history of this case originally filed on March 11, 2015. This is a case where the Court does not simp...

Excerpt: ... Judgment of Global Medical Response, Inc. is premature because the company has never made an appearance in this case despite being served with the summons in November 2018. Plaintiffs, however, have never sought to take the default of Global Medical Response, Inc. Counsel for Plaintiffs and Defendants were advised of the failure of Global Medical Response, Inc. to make an appearance in its order of January 9, 2020. The Motion for Summary Judgmen...

Excerpt: ... 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. Plaintiff Meurer filed his Complaint on May 10, 2018. Defendants filed their Cross-Complaint against Meurer on July 27, 2018. The Court set the...

Excerpt: ...aintiff to file a Third Amended Complaint. The request was granted. The trial date at the time was October 7, 2019. In August 2019, Defendants filed a Motion to Continue Trial. The motion was based on Defendants' intent to file a Motion for Summary Judgment prior to trial. The motion was granted, and the trial date was continued to October 26, 2020. Plaintiff then filed his Fourth Amended Complaint on November 4, 2019, after the Court granted Def...

Excerpt: ...ction with prior discovery motions on six occasions. Defendants have advised the Court that Plaintiff has not yet paid any portion of the $6,190.00 that she has been ordered to pay. The Court notes that counsel for Plaintiff attached a personal check in the sum of $5,200.00 made payable to Gordon Rees, et al. with the courtesy copy of her opposition to the motion. The Court does not understand why Ms. Parker did not transmit the check to Defendan...

Excerpt: ...ant. The Court merely notes in the text of this ruling that Martensen owns property adjacent to property owned by Cross- Complainant Yu in the Oakland hills. Cross-Complainant Singh is Yu's business partner and the construction project manager at 80 Roble Road. The Yu property is located downhill from the Martensen property. Martensen commenced his action on December 3, 2019 to indicate his rights under a view easement granted by the former owner...

Excerpt: ...ons under numerous Labor Code provisions in its relationship with non-exempt employees. Plaintiff defines the term "aggrieved employees" as current or former hourly-paid or non-exempt employees who worked for Mattson during the period from November 12, 2018 to February 3, 2020. Plaintiff attached a copy of her November 12, 2019 notice of intent to file PAGA claim delivered to the Labor & Workplace Development Agency ("LWDA") to the Complaint. Def...

Excerpt: ...ction with prior discovery motions on six occasions. Defendants have advised the Court that Plaintiff has not yet paid any portion of the $6,190.00 that she has been ordered to pay. The Court notes that counsel for Plaintiff attached a personal check in the sum of $5,200.00 made payable to Gordon Rees, et al. with the courtesy copy of her opposition to the motion. The Court does not understand why Ms. Parker did not transmit the check to Defendan...

Excerpt: ...h its obligations under numerous Labor Code provisions in its relationship with non-exempt employees. Plaintiff defines the term "aggrieved employees" as current or former hourly-paid or non-exempt employees who worked for Mattson during the period from November 12, 2018 to February 3, 2020. Plaintiff attached a copy of her November 12, 2019 notice of intent to file PAGA claim delivered to the Labor & Workplace Development Agency ("LWDA") to the ...

Excerpt: ... December 2014. Plaintiffs allege that neither NNA nor its agents at the dealership disclosed to them that the Continuous Variable Transmission ("CVT") in the vehicle had substantial defects known only to NNA and the dealers. Plaintiffs contend that they would have found such information to be material. They most likely would not have purchased the vehicle if the required disclosure had been made at the time of purchase. Defendant challenges only...

Excerpt: ...S provided medical care to Patient, that AHS billed BCBS for the medical services, and that BCBS has failed to pay for the services. (Cpt para 7-12.) The Complaint alleges that the reasonable value of the medically necessary services, including emergency services, totaled at least $75,312.74, which reflects the usual and customary full bill charges. (Cpt 13.) The Complaint alleges that BCBS paid a portion of the bill but refused to pay $69,425.53...

Excerpt: ...th the laws of this state, a court rule, or an order of the court." (CCP § 436.) An "irrelevant matter," or "immaterial allegation," means: (1) an allegation that is not essential to the statement of a claim or defense; (2) an allegation that is neither pertinent to nor supported by an otherwise sufficient claim or defense; or (3) a demand for judgment requesting relief not supported by the allegations of the complaint or cross-complaint. (CCP �...

Excerpt: ...d that Williams could recover costs of suit. On 2/24/20, Williams filed a memo of costs. LEGAL STANDARD The Court's first determination is that of entitlement - whether to allow the cost. That is a question of law if a cost is expressly allowed or prohibited. (CCP 1033.5(a) and (b).) Awarding a cost is otherwise a matter of discretion. (CCP 1033.5)( c)(4).) "An item not specifically allowable ... nor prohibited ... may nevertheless be recoverable...

Excerpt: ...ttlement fund or approx. $29,375. Employees 25% of net settlement fund or approx. $9792. LAW ON PAGA SETTLEMENTS Plaintiff asserts the PAGA claim on behalf of the State of California's Labor Workforce Development Agency. "An employee plaintiff suing ... under the [PAGA] does so as the proxy or agent of the state's labor law enforcement agencies." (Iskanian v. CLS Transp. Los Angeles, LLC (2014) 59 Cal.4th 348, 381.) (See also ZB, N.A. v. Superior...

Excerpt: ... a Second Amended Complaint to address the deficiencies. The Second Amended Complaint was filed on September 23, 2019. The Second Amended Complaint includes a single cause of action for general negligence. Plaintiff alleges that he is quadriplegic. On March 10, 2018, while receiving treatment at Olive View - UCLA Medical Center, Registered Nurse Aneesh and Nursing Assistant Rennadele alleged caused Plaintiff injury and pain when they were reposit...

Excerpt: ...oss-Defendant breached two separate oral agreements. The First Cause of Action is based on Cross-Defendant's alleged breach of the 2017 agreement described as the "Purchase Agreement" in the Third Amended Cross-Complaint. The terms of the Purchase Agreement are set forth in paragraph 9 of the Third Amended Cross-Complaint. In paragraph 10, Cross- Complainant alleges that he incurred certain material expenses through the removal of tenants and the...

Excerpt: ...Defendant received a total of $11,961.00 that she was not entitled to have. The Court is authorized to enter summary judgment in favor of Plaintiff if it determines that no triable issues of material fact exist and that a reasonable jury would be required to find in its favor based on the factual record. See Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851. Plaintiff's motion is denied because it has not met its burden of producti...

Excerpt: ...oss-Defendant breached two separate oral agreements. The First Cause of Action is based on Cross-Defendant's alleged breach of the 2017 agreement described as the "Purchase Agreement" in the Third Amended Cross-Complaint. The terms of the Purchase Agreement are set forth in paragraph 9 of the Third Amended Cross-Complaint. In paragraph 10, Cross- Complainant alleges that he incurred certain material expenses through the removal of tenants and the...

Excerpt: ... works in San Diego County, she decided to file her PAGA action in Alameda County. Plaintiff alleges in her Complaint that Defendants have violated various Labor Code provisions because they have erroneously designated Plaintiff and other underwriters in California as exempt and not hourly employees. Defendants' motion to stay was originally noticed for hearing in Department 21, but it was reset in Department 517 when Judge Winifred Y. Smith deni...

Excerpt: ...1 seeks documents related to Wings of Eagle Fund I, LLC. Defendant's unverified supplemental response does not comply with the clear requirements set forth in CCP § 2031.210 et seq. Defendant must serve a further supplemental response no later than June 19, 2020. Plaintiff's contention that Defendant waived his right to assert all objections to this request is not accepted. Defendant timely asserted an objection in his original response served i...

Excerpt: ...lied. Defendants' motion is denied because it is moot. The Court has determined that Plaintiffs' second Motion for Summary Adjudication was improperly filed without prior court approval. See CCP § 437c(f)(2) (party may not file a second motion for summary adjudication based on the same issues presented in a prior motion without court approval); and Le Francois v. Goel (2005) 35 Cal.4th 1094, 1108. Plaintiffs did not attempt to make a showing tha...

Excerpt: ...of transfer was April 12, 2019. The Court has not yet set a trial date. The next Case Management Conference is on July 20, 2020. Cross-Defendant asserts in the Demurrer that the First Amended Cross-Complaint is barred as to him by the statute of limitations. Cross-Defendant contends that the First Cause of Action for Defamation is subject to a one-year statute of limitations pursuant to CCP § 340(c). Cross-Defendant contends that the Second Caus...

Excerpt: ...lied. Defendants' motion is denied because it is moot. The Court has determined that Plaintiffs' second Motion for Summary Adjudication was improperly filed without prior court approval. See CCP § 437c(f)(2) (party may not file a second motion for summary adjudication based on the same issues presented in a prior motion without court approval); and Le Francois v. Goel (2005) 35 Cal.4th 1094, 1108. Plaintiffs did not attempt to make a showing tha...

Excerpt: ...of transfer was April 12, 2019. The Court has not yet set a trial date. The next Case Management Conference is on July 20, 2020. Cross-Defendant asserts in the Demurrer that the First Amended Cross-Complaint is barred as to him by the statute of limitations. Cross-Defendant contends that the First Cause of Action for Defamation is subject to a one-year statute of limitations pursuant to CCP § 340(c). Cross-Defendant contends that the Second Caus...

Excerpt: ...ionist named Stephanie at Amazon.com, Inc.'s offices in Seattle on January 2, 2020. The Proof of Service did not include a declaration that copies of the Summons and Complaint were mailed to Defendant Rubenstein. The declaration of mailing was filed on March 4, 2020. The Court first takes notice of Plaintiff's argument that Defendant's motion is not timely. Although the argument has some merit, the Court believes that Defendant reasonably withhel...

Excerpt: ...wear muzzles when they are outside. Plaintiffs claim that they have had to endure years of loud barking and howling at all hours of the day. The hearing is continued because the civil departments are currently closed. If Defendants oppose the motion, they must file and serve a written opposition no later than June 17, 2020. If they do not, they will not be permitted to present argument at the hearing. See Sexton v. Superior Court (1997) 58 Cal.Ap...

Excerpt: ...iate under CCP § 437c(f)(1) ("A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty."). See Regan Roofing Co. v. Superior Court (1994) 24 Cal.App.4th 425, 436 ("The ruling on summary adjudication is thus essentially an interpretation of contract provisions and has certain advisory qualities, as it does not dispose of an entire cause...

Excerpt: ...pay Plaintiff the sum of $200,924.81. Defendant then proceeded to file her Memorandum of Costs on January 14, 2020. Defendant seeks an award of $44,886.87. The majority of the fees ($25,724.50) are for the cost of having a court reporter at trial. Plaintiff timely filed his motion to strike on January 24, 2020. Plaintiff's motion is granted because the Court does not agree with Defendant's contention that she is the "prevailing party." See CCP §...

Excerpt: ... Performance as a remedy for its Breach of Contract Causes of Action, and to supplement the allegations to include facts learned since the First Amended Complaint was filed on March 27, 2018. The Second Amended Complaint was then filed and served on January 23, 2020. Defendant's Motion to Strike is simply a condensed version of his separately filed Demurrer to the Second Amended Complaint. The Court is required to accept Plaintiff's well-pled all...

Excerpt: ...rt denied Defendants' first Motion to Set Aside Entry of Default without prejudice because counsel for Defendants failed to sign his papers, including his declaration, as required by CCP §§ 128.7 and 446. Defendants then refiled their motion on February 5, 2020. In advance of the hearing on March 10, 2020, the Court published its Tentative Ruling continuing the matter to March 26, 2020, because counsel attached only his Demurrer and Motion to S...

Excerpt: ...remedy for its Breach of Contract Causes of Action, and to supplement the allegations to include facts learned since the First Amended Complaint was filed on March 27, 2018. The Second Amended Complaint was then filed and served on January 23, 2020. The Court is required to accept Plaintiff's well-pled allegations as true when ruling on Defendant's Demurrer to the Second Amended Complaint even if they appear to be implausible. See Aubry v. Tri-Ci...

Excerpt: ...remedy for its Breach of Contract Causes of Action, and to supplement the allegations to include facts learned since the First Amended Complaint was filed on March 27, 2018. The Second Amended Complaint was then filed and served on January 23, 2020. The Court is required to accept Plaintiff's well-pled allegations as true when ruling on Defendant's Demurrer to the Second Amended Complaint even if they appear to be implausible. See Aubry v. Tri-Ci...

Excerpt: ... works in San Diego County, she decided to file her PAGA action in Alameda County. Plaintiff alleges in her Complaint that Defendants have violated various Labor Code provisions because they have erroneously designated Plaintiff and other underwriters in California as exempt and not hourly employees. Defendants' motion to stay was originally noticed for hearing in Department 21, but it was reset in Department 517 when Judge Winifred Y. Smith deni...

Excerpt: ...ade at least 30 days before initial trial date). The initial trial date in this case was October 28, 2019. On January 21, 2020, the Court ordered the parties to comply with their obligation to meet and confer regarding the issues raised by Cross-Defendant in its motion. See CCP § 439(a). The Court is dismayed that the attorneys did nothing more than argue the merits of their respective positions. There was a substantial amount of discussion abou...

Excerpt: ... for 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 W...

Excerpt: .... See Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-967. The Court, however, is not required to accept Plaintiff's contentions, deductions or conclusions of law and fact. Id. This case involves Plaintiff's allegation that representatives of Defendants defrauded her elderly mother, Florence Fisher, who is now deceased, by forging her signature on a contract to purchase solar power and for the installation of solar panels on her home in C...

Excerpt: ...d procedural history of this case. The Court takes notice of its order of January 31, 2020 denying Defendants' first Motion to Set Aside Default without prejudice. Plaintiff Robertson and counsel for Defendants presented their argument to the Court on that date. Plaintiff's objection to the motion based on defense counsel's failure to serve the re-filed papers by January 31, 2020 is overruled. Plaintiff did not sustain any undue prejudice because...

Excerpt: ...t 517 in July 2019. At the conclusion of the trial, the jury rendered a verdict in favor of Defendant BMW of North America, LLC. The Court entered Judgment in favor of Defendant on December 13, 2019. Plaintiff's first contention in support of the motion is that Defendant should not be permitted to recover its costs because the CCP § 998 offer that its attorneys served just prior to the commencement of trial was legally deficient. The Court decli...

Excerpt: ...P § 1033.5, because their request is made under the Song-Beverly Act. See Civil Code § 1794(d). However, the Court does not agree that Plaintiffs are entitled to recover from Defendant certain expenses such as expert fees without making a showing that such costs are ordinarily charged to them. See Jensen v. BMW of North America, Inc. (1995) 35 Cal.App.4th 112, 137; and Arntz Contracting Co. v. St. Paul Fire & Marine Ins. Co. (1996) 47 Cal.App.4...

Excerpt: ... was set to go to trial on December 16, 2019, but the Court agreed to vacate the date because AllPro Real Estate Management, Inc. made a late request for leave to file a permissive Cross-Complaint. The Court reviews the parties' evidence to determine whether a valid agreement to arbitrate exists by applying general California contract law. Ramos v. Westlake Services LLC (2015) 242 Cal.App.4th 674, 685 (court is tasked with determining the parties...

Excerpt: ...tion and its reasonableness. Nightingale v. Hyundai Motor America (1994) 31 Cal.App.4th 99, 104. The Court continued the hearing on Plaintiffs' motion to allow counsel to submit additional evidence to support their motion. The Court noted that declarations from the lead attorneys from the three firms, Steve Mikhov, Cynthia E. Tobisman, and Bryan C. Altman, could not authenticate the time entries made by the numerous other attorneys and paralegals...

Excerpt: ... of the case. On November 5, 2019, the Court granted Defendants' Motion for Judgment on the Pleadings as to the First through Fourth Causes of Action and ordered Plaintiff to supplement his allegations supporting those claims. Based on its review of the evidence submitted by the parties, the Court concludes that Defendants have met the modest burden of proof needed for the requested relief. See CCP § 1030(b) (defendant must show that there is a ...

Excerpt: ...674, 685 (court is tasked with determining the parties' mutual intent); and Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.App.4th 836, 842 (trial court may weigh conflicting evidence to determine whether arbitration agreement exists). If the Court finds that Defendants presented insufficient evidence to support their assertion that Plaintiff agreed to submit this claim to arbitration, then the inquiry concludes and the motion to compel arbit...

Excerpt: ... claims that Defendants breached the terms of their distributorship agreements when they sought to exercise their right to terminate the agreements. On April 30, 2019, the Court set the matter for trial on March 23, 2020. On December 6, 2019, Defendants filed their Motion for Summary Judgment. Plaintiff and Defendants entered into two Distribution Agreements. The first Distribution Agreement is dated January 1, 2005. The second Distribution Agree...

Excerpt: ... of the case. On November 5, 2019, the Court granted Defendants' Motion for Judgment on the Pleadings as to the First through Fourth Causes of Action and ordered Plaintiff to supplement his allegations supporting those claims. Based on its review of the evidence submitted by the parties, the Court concludes that Defendants have met the modest burden of proof needed for the requested relief. See CCP § 1030(b) (defendant must show that there is a ...

Excerpt: ... Defendant did not file an Answer to the Complaint until June 3, 2019. On September 24, 2019, the Court denied Defendant's Motion for Summary Judgment or, in the Alternative, Summary Adjudication of Issues. The motion is denied because Plaintiff has not properly put the sufficiency of Defendant's responses before the Court. Defendant correctly notes that Plaintiff did not timely file a Motion to Compel after it responded to Plaintiff's discovery ...

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: ... 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: ... Cal.4th 962, 966-967. The Court is permitted to consider only the facts pled in the Complaint and facts subject to judicial notice. See CCP § 430.30(a). Defendant should instead file a Motion to Compel Arbitration. The Court would then be permitted to consider the parties' evidentiary submissions and determine whether Plaintiff's objections to the process of appointing an arbitrator have merit. However, Defendant's Demurrer to the Fourth Cause ...

Excerpt: ...8507 Overacker Avenue, in Fremont, from David Aguilar in December 2017. Defendant purchased his property, located at 38508 Thane Street, from Raul and Mayra Ruiz in July 2016. Plaintiffs and Defendant do not dispute the fact that Plaintiffs' property encroaches upon Defendant's property in two distinct areas. There is an encroachment of about 65 square feet that permits Plaintiffs to enter their backyard from the driveway through a gate. Unknown ...

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: ... place that is within 75 miles of the courthouse. Having reviewed the parties' papers, the Court cannot conclude that Mr. Schmidt would endure exceptional hardship if he were required to travel to California for a few days due to his business and family obligations. The Court believes that Mr. Schmidt can handle many of his business duties remotely with portable electronic devices. Mr. Schmidt impliedly acknowledged that he would be required to l...

Excerpt: ...a breach of the warranty of habitability and wrongful eviction case. The subject property is located at 6616 Telegraph Avenue, in Oakland. The case was reassigned to Department 517 on August 16, 2017. The Court and the parties are familiar with the facts in this case and its procedural history. The Court will therefore not reiterate them here. In October 2018, Defendants entered into a settlement with Plaintiffs for the dismissal of the First Ame...

Excerpt: ...econd Cause of Action for Unseaworthiness. The Court is satisfied that it has both the subject matter and the personal jurisdiction to adjudicate this action pursuant to the "saving to suitors" clause of the Federal Judiciary Act of 1789 (28 U.S.C. § 1333(1)). On June 4, 2016, at 4:30 p.m., the American Challenger was travelling from Wake Island to Honolulu when Plaintiff sustained his first injury while on duty. Plaintiff Sanchez is or was an A...

Excerpt: ...moving party, Plaintiff 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 the jury would be required to find any underlying material fact more likely than not. See Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 851. This is consistent with the plaintiff's ultimate burden of persuasion at trial that each element of its causes o...

Excerpt: ...ntirely clear, it has an obligation to provide a response that is as complete as possible subject to the objection. See CCP §§ 2030.220(b) and 2030.240(a). Furthermore, if Defendant contends that it does not have certain information regarding the design of the Walkway Wall, it must set forth its contention in the response and have a corporate representative verify the response. See CCP § 2030.220(c) (counsel must also make a reasonable inquiry...

Excerpt: ... Collision employees as well as their timecards, wage statements, invoices, pay slips, and reimbursement receipts. On June 13, 2019, the Court denied Plaintiffs Isas and Zarate's Motion to Compel Defendant to disclose the employees' contact information when it issued its ruling on the Motion to Compel Further Responses to Special Interrogatories. On April 18, 2019, the Court granted in part Defendant's Motion for Protective Order after Plaintiffs...

Excerpt: ...ance transporting Leobardo Lopez to the hospital struck another vehicle at or near the intersection of Telegraph Avenue and 45th Street, in Berkeley, on August 28, 2017. Ubaldo Lopez, who was riding in the back of the ambulance with his father, also sustained injuries even though he was wearing a seat belt. The evidence before the Court indicates that Plaintiffs retained attorney Brian L. Larsen's firm in September 2017. The Court refers to the D...

Excerpt: ...rmination or for employment discrimination. Instead, Plaintiff alleges in the Complaint filed on August 10, 2016 that Defendant did not give him adequate meal and rest breaks. Plaintiff also alleges in the Complaint that the company did not comply with its obligation under Labor Code § 203 to pay employees all wages owed and compensation for all unused vacation and leave time within 72 hours of termination. On September 26, 2016, Defendant remov...

Excerpt: ... a First Amended Complaint if it made a sufficient showing that it could plead a claim for fraudulent conveyance against Jing Zhao, the former wife of Qiang Wu, the principal of International Art Center of San Francisco, LLC. See Goodman v. Kennedy (1976) 18 Cal.3d 335, 349 (cross- complainant has the burden of showing the ability to plead a valid claim by amendment). Cross-Complainant did not make the required showing, and so leave to amend was ...

Excerpt: ...ations in the Complaint. Plaintiff worked for Defendants California Medical Association ("CMA") and 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...

Excerpt: ... allow Plaintiff to inspect the corporation's accounting books, records, and corporate minutes. See Corp. Code § 1600 et seq. Plaintiff alleges in the Complaint that it and non-party Mason Lu entered into a Joint Venture Agreement on August 20, 2014 to form MedAbome, Inc. Plaintiff also attached a copy of the Chinese language agreement and a certified English translation to the Complaint. Plaintiff contends that Mason Lu did not comply with the ...

Excerpt: ... several times that such a motion is improper. Plaintiff claims that his attorneys reasonably billed the sum of $94,243.75 to litigate this action from filing on October 21, 2016 through August 2018, when the case settled at the commencement of trial. Plaintiff argues that the Court should apply a 0.5 multiplier on the lodestar amount in recognition of the unequivocal success of her case and to give plaintiffs' attorneys incentive to accept conti...

Excerpt: ...eclines to dismiss Plaintiff's First Cause of Action for failure to plead facts sufficient to show timely compliance with Civil Code § 8412(a) (lien must be recorded within 90 days after completion of the work of improvement). The Court should not dismiss a claim at the pleading stage unless the defendant is able to show "clearly and affirmatively" that the claim is untimely based on the allegations in the complaint. See Committee for Green Foot...

Excerpt: ... fiscal year) and is then renewed the following year. Plaintiff traveled to different schools within the District to perform her work. Plaintiff is also sometimes assigned to work with students at so-called "Nonpublic Schools" or NPS. The parties do not explain why SLPs are sometimes assigned to serve students at NPS, but Plaintiff does say that the particular school in question, Via, had a contract with the District. In the fall of 2017, a new S...

Excerpt: ... the police department's response to PRA requests must be processed in accordance with the Public Records Act, Govt. Code § 6250 et seq. In Filarsky v. Superior Court (2002) 28 Cal.4th 419, 426-427, the California Supreme Court reversed the trial court's minute order finding that the requested records were not subject to disclosure. The declaratory relief action was commenced by the City of Manhattan Beach after the petitioner threatened legal a...

Excerpt: ... Court's orders granting Defendants' challenges to its jurisdiction. The Court has reviewed the contents of the file to become more familiar with the lengthy history of the case. The case was assigned to Department 517 for all purposes after Plaintiff Claassen filed a peremptory challenge against Judge Frank Roesch pursuant to CCP § 170.6. The Court is aware that Plaintiff's counsel previously served the subject requests for production of docume...

Excerpt: ...and 2031.300(a), is GRANTED. T. Marshall Associates, Ltd. shall have until September 20, 2019 to serve its verified responses to the interrogatories and requests for production of documents. All objections to the interrogatories and requests for production have been waived because Plaintiff failed to assert them timely. See CCP §§ 2030.290(a) and 2031.300(a). T. Marshall Associates, Ltd. shall also produce all documents responsive to the reques...

Excerpt: ... on their contention that Defendant's vicious dog, "King," attached Lee Brannon in 2016 when he visited Defendant's property located at 785 Hampton Road, in Hayward, to conduct a check on parolee Luis Hidalgo. Defendant has requested the Department, Lee Brannon's employer, to produce documents covered by Penal Code §§ 832.5 and 832.7. Plaintiff did not oppose the request. The Department, however, contends in its opposition that Defendant's atto...

Excerpt: ...ase entitled, Princess Pope v. Essex Property Trust, et al. (Case No. RG13689355). The underlying case is also assigned for all purposes to Department 517. The Court takes notice of the proceedings in that case. Defendants American Bankers Insurance Company of Florida and Assurant, Inc. are parties to the underlying case. Defendants Tittmann, Valdespino and Hunkins represented the entities in the underlying case. Plaintiff's claims against Defend...

Excerpt: ... The parties have provided the Court with a transcript of the discussions held during the meeting. The Court has reviewed the transcript as well as the supplemental papers filed by ASI Computer on July 30, 2019 and the supplemental opposition papers filed by Kang on August 5, 2019. The parties have advised the Court that the number of disputed issues was reduced as a result of counsel's further discussions. ASI Computer's first objection is to th...

Excerpt: ...110 Cal.App.4th 1145, 1152 (facts subject to judicial notice may disclose existence of defense). Based on its review of the Complaint and the facts subject to judicial notice, the Court concludes that Plaintiff Monterrosa did not exhaust his available administrative remedies as to the claims set forth in the Second, Third and Fourth Causes of Action. See Miller v. City of Los Angeles (2008) 169 Cal.App.4th 1373, 1379. The School District advised ...

Excerpt: ...ized that in certain cases attorneys who are willing to take on cases in which they may not be compensated for their skill and effort should receive a fee enhancement to give them reason to accept such cases. In this case, attorney LeRoy and paralegal Lichtenberger have asked the Court to apply a 0.5 multiplier to the fees billed to the file. Counsel and Ms. Lichtenberger, however, have not provided the Court with any evidence to support their cl...

Excerpt: ...link Networks, LLC. Crosslink Networks, LLC provides internet connectivity and related services to commercial customers. On April 25, 2019, the Court granted Crosslink Networks, LLC's Ex Parte Application for a Temporary Restraining Order and OSC Re: Preliminary Injunction. Crosslink Networks, LLC alleged that LIT San Leandro, LLC had given notice of its intent to disconnect Crosslink Networks (and its customers) from its fiber optic cable networ...

Excerpt: ... original Complaint with leave to amend. The Court has also reviewed the parties briefs submitted in connection with that Demurrer. The Court agrees with Defendant's main assertion that Plaintiff's First Amended Complaint is not clearly pled. Plaintiff's numerous allegations based on its "information and belief," does not absolve it or its attorneys from possible liability under CCP § 128.7(b). Plaintiff has certified that all of the allegations...

Excerpt: ...Real Estate Services represented the seller. Plaintiff was represented by her own real estate agent in the transaction. Plaintiff alleges that Defendants failed to disclose the known history of landslide problems on the property. Plaintiff alleges that she would have considered such information to be material. Plaintiff sustained resulting financial loss. Defendants' Demurrer to Plaintiff's First Cause of Action for Breach of Contract is SUSTAINE...

Excerpt: ...d to plead specific facts supporting each element of his fraud claim against Defendant. See Lazar v. Superior Court (1996) 12 Cal.4th 631, 645; and Tarmann v. State Farm Mut. Auto. Ins. Co. (1991) 2 Cal.App.4th 153, 157. Plaintiff did not do that. Furthermore, although Plaintiff provides the Court with some details to support an inference that the sellers knew about the unpermitted garage conversion at the time of the sale in April 2017, there ar...

Excerpt: ...tutory requirements. Dr. Friedman submitted a declaration that describes each of the tests that he proposes to administer to Plaintiff. The Court agrees that the tests are standard and will not likely result in undue annoyance, pain or anguish to Plaintiff. If Plaintiff is unable to endure an entire day of testing, her attorney and Defendant's attorney shall meet and confer regarding a schedule that addresses Plaintiff's concerns. For example, Pl...

Excerpt: ...e of the legal effect of pleadings but does not accept the truth of any facts set forth therein). Plaintiff and Defendants Xingbiao Li, Yunlong Li and Shengli Li are the only members of 150 Hegenberger Capital, LLC, a California limited liability company. Plaintiff has a thirty percent (30%) interest in the company. Xingbiao Li also has a thirty percent (30%). Yunlong Li and Shengli Li, the sons of Xingbiao Li, each hold a twenty (20%) interest i...

Excerpt: ..., located in the Hayward Hall of Justice. Plaintiffs Michael Saunders and Darlene F. Saunders filed their Limited Jurisdiction Complaint on June 19, 2018. The parties have advised the Court that no depositions of any witnesses have been taken in the thirteen (13) months that this case has been pending. The parties advise the Court that Gerlyn and George Neau noticed the deposition of Plaintiffs in April 2019, but the deposition was canceled witho...

Excerpt: ...aintiff states that she returned the shoes to Marshalls despite being asked by Defendant's liability insurer to retain them and to take photographs of them. The Court will not summarize the diligent efforts of counsel to obtain the information formally and informally from TJX, Inc., the parent company of Marshalls. The Court previously concluded that Defendant presented ample evidence to establish that Plaintiff's actions were willful. The Court ...

Excerpt: ...n the accompanying Appendix." Plaintiff did not file an Appendix with her motion. The Court notes that Defendants contend that Plaintiff is seeking to add a new Defendant and to amend her liability claims because they recently advised her attorney that they are going to file a Motion for Summary Judgment. If true, the Court cannot deny Plaintiff's motion on that basis. The amendment or attempted amendment of pleadings to stave off summary judgmen...

Excerpt: ...intiff seeks a Right to Attach Order in the sum of $139,930.00 on two parcels of property that Defendant apparently owns in Contra Costa County and San Luis Obispo County. Plaintiff has not shown that the issuance of a Right to Attach Order is appropriate in this case because Plaintiff's claim does not arise out of Defendant's conduct of a trade, business, or profession. See CCP § 483.010(c); and Nakasone v. Randall (1982) 129 Cal.App.3d 757, 76...

Excerpt: ...ent 517. The Court continued the hearing on April 23, 2019, because Plaintiff did not provide sufficient competent evidence to support the request for an award of $1,145,240.50. The Court ordered Plaintiff to submit a supplemental memorandum and provide the required evidence no later than July 1, 2019. Plaintiff's supplemental evidence is deficient because the billing records have been redacted without an accompanying Motion to Seal Records. See ...

Excerpt: ...Honda Civic that struck the rear of Plaintiffs' Chevrolet Impala on May 4, 2016. On August 9, 2018, Plaintiffs filed a Motion for Leave to Amend. Plaintiffs requested leave to amend based on their erroneous identification of the driver of the vehicle. Plaintiffs requested that the Court permit them to name Stephanie Hwang as the driver. They also sought to add Shirley Hwang in the place of "DOE 3" based on her ownership interest in the 2006 Honda...

Excerpt: ..., located in the Hayward Hall of Justice. Plaintiffs Michael Saunders and Darlene F. Saunders filed their Limited Jurisdiction Complaint on June 19, 2018. The parties have advised the Court that no depositions of any witnesses have been taken in the thirteen (13) months that this case has been pending. The parties advise the Court that Gerlyn and George Neau noticed the deposition of Plaintiffs in April 2019, but the deposition was canceled witho...

Excerpt: ...and 2031.300(a), is GRANTED. T. Marshall Associates, Ltd. shall have until August 5, 2019 to serve its verified responses to the interrogatories and requests for production of documents. All objections to the interrogatories and requests for production have been waived because Plaintiff failed to assert them timely. See CCP §§ 2030.290(a) and 2031.300(a). T. Marshall Associates, Ltd. shall also produce all documents responsive to the requests f...

Excerpt: ...r Defendant advised the Court in their opposition that they were preparing supplemental responses to Plaintiff's Requests for Production of Documents, Set Two, and a supplemental privilege log. Defendant represented that the supplemental responses and supplemental privilege log would be served on Plaintiff's attorney prior to the June 18, 2019 hearing. Defendant filed its opposition papers on June 5, 2019. The Court ordered the parties to have fu...

Excerpt: ...epare for the Motion for Summary Judgment or trial. Plaintiff and Defendants have sought to introduce all of the evidence presented through declarations or requests for judicial notice. The Court cannot and should not dictate counsel's strategic decisions. However, counsel's failure to take depositions certainly resulted in evidentiary problems that the Court cannot excuse in reviewing the motion papers. As the moving party, Plaintiff bears the i...

Excerpt: ... is SUSTAINED WITH LEAVE TO AMEND. Defendants have adequately shown that Plaintiff's allegations against them fail to support a valid claim because they were allegedly discharging their supervisory duties on behalf of the University. See, e.g., Reno v. Baird (1998) 18 Cal.4th 640, 662-663 (individual liability may attach if defendant's conduct falls outside of the scope of necessary job performance). Plaintiff's conclusory allegation that Defenda...

Excerpt: ...y 7, 2014. A copy of the First Amended Complaint that Defendant Gruen filed on behalf of Plaintiff Jordan and her two children, Kelsie Weeden and Jordan Weeden, in Jordan, et al. v. City of San Jose, et al. (Santa Clara County Superior Court Case No. 113CV-241005), is attached to the Declaration of Defendant as Exhibit A. Plaintiff alleged in the underlying action that her late husband, Brian R. Weeden, a San Jose firefighter, was a participant i...

Excerpt: ...served several sets of written discovery requests on Plaintiff's counsel on May 2, 2018. Defendant advises that Plaintiff's attorney did not comply with his obligation to serve timely responses that complied with the requirements of CCP §§ 2030.210 et seq. and 2031.210 et seq. Defendant, however, did not request judicial relief until it filed its Motion to Compel on October 31, 2018. Defendant advised that Plaintiff's attorney made repeated pro...

Excerpt: ...and reviewed. On its own motion, the Court takes judicial notice of its previous orders granting in part the Motions for Attorney's Fees filed by Knight Law Group in Caron v. FCA US LLC, et al. (Case No. RG15758298) and Barredo v. FCA US LLC, et al. (Case No. RG15784069). The determinations regarding Plaintiff's counsel's reasonable hourly rates made in those cases will be applied to Plaintiff's Motion for Attorney's Fees in this case. The Court ...

Excerpt: ...t The Craneway Pavillion, in Point Richmond, on August 5, 2017. The White Party Event was organized by Defendant 1stFriday.com (aka 1st Friday of the Bay Area). Plaintiff contends that Top Flight Security was hired to provide security for the event. Plaintiff makes clear that Top Flight Security does not agree with this contention. Plaintiff explains in some detail that Top Flight Security did nothing to ensure the safety of attendees at the Whit...

Excerpt: ...r protected activity in the case of Princess Pope v. Essex Property Trust, Inc., et al. (Case No. RG13689355). See CCP § 425.16(e)(1) (any written or oral statement or writing made before a legislative, executive, or judicial proceeding); Park v. Board of Trustees of California State University (2017) 2 Cal.5th 1057, 1062 ("A claim arises from protected activity if that activity underlies or forms the basis for the claim."); Navellier v. Sletten...

Excerpt: ...th the vehicle despite having sufficient opportunity to do so. Defendant was served with the Complaint on June 4, 2018. Defendant answered the Complaint on July 16, 2018. On February 4, 2019, the Court set the trial date after receiving input from counsel for Plaintiff and Defendant. Counsel were advised that the Court considered the trial date to be firm and that it would not likely change it. Defendant has not shown good cause for the trial con...

Excerpt: ...s the Third Amended Complaint because Plaintiffs did not comply with the Court's order of February 7, 2019. Plaintiffs again asserted the Third Cause of Action for Open Book Account. In the February 7, 2019 order, the Court noted, "Counsel is also advised that he may not include the Third Cause of Action for Open Book Account [without consent from Defendant or prior court approval]." The Court specifically advised in the July 31, 2018 order that ...

Excerpt: ...solidation will "tend to avoid unnecessary costs or delay." See CCP § 1048(a). Defendants have not made the required showing in support of their motion. Case No. RG18895596 involves a dispute among family members regarding ownership of residential real property. This case involves the parties' respective interests in a Mobil gas station. The Court notes that no party filed a Notice of Related Case. See Rule of Court 3.300(b). Defendants' content...

Excerpt: ...n January 31, 2019 on May 16, 2019. Counsel for Defendant states in the reply that the discovery response are sufficient. Counsel also confirms that responsive documents have been produced. Counsel maintains, however, that the Court should make an award of monetary sanctions despite Plaintiff's late compliance. Plaintiff's objection to the Motion to Compel on procedural grounds is overruled. Defendant correctly identified the issues presented in ...