Excerpt: ...eir initial Complaint against Defendants in the Superior Court of the County of San Francisco on May 2, 2017. On April 12, 2019, the parties stipulated to the transfer of the case to the Alameda County Superior Court. The subject First Amended Complaint was filed on May 19, 2020. The Court has set a jury trial on August 23, 2021. Plaintiffs have filed this action to assert their claims for damages resulting from their failed investment in the 261...

Excerpt: ...t (2018) 28 Cal.App.5th 1146, 1156-1158, the court of appeal held that the Legislature did not intend to permit defendants and cross-defendants to file anti-SLAPP motions in limited civil cases when it enacted Section 425.16 in 1992. Defendant then immediately filed another anti-SLAPP motion even though the case is still classified as a limited civil case. Plaintiff cannot convert a limited civil case to an unlimited case simply by adding a praye...

Excerpt: ... law claims for negligence and premises liability. Defendant Alameda Health System thereafter answered the Complaint on December 23, 2019. This is a personal injury action. According to the Complaint, Plaintiffs were stabbed by Defendant Derrian Germon when they went to Highland Hospital to visit Naomi Schneider, the mother of Mira and Lia, on March 24, 2019. In October 2020, Plaintiffs served Defendant Germon with the summons at Santa Rita Jail....

Excerpt: ...ding deficiencies identified in the September 22, 2020 order. Cross-Complainant has pled a sufficient claim for Intentional Misrepresentation in its First Cause of Action. The demurrer to the First Cause of Action is therefore OVERRULED. Cross-Complainant alleges that its Chairman and CEO, Milton C. Ault III, met Cross-Defendant and Cross-Defendant's girlfriend when they were dining at one of Mr. Ault's restaurants, Guilia, in downtown Los Angele...

Excerpt: ...e declarations or the deposition transcripts attached by Plaintiff's counsel to the Complaint. The Court is required to accept Plaintiff's well-pled allegations as true for purposes of the demurrer. See Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-967. Counsel need not draft the Complaint as if he were opposing a motion for summary judgment. Based on its review of the Complaint, the Court agrees with Defendant's contention that Plainti...

Excerpt: ...th 1203, 1207-1209, cited by Judgment Creditor, dealt with a claim for recovery of mediation costs and not messenger costs. Although the Court has the discretionary authority to allow Judgment Creditor to recover the messenger costs, it declines to do so in this instance. Judgment Debtor's objection to the filing fee for the application of James M. Roche to appear as counsel pro hac vice for Plaintiff is overruled. Judgment Debtor fails to make a...

Excerpt: ... assertion made by defense counsel. In Brousseau v. Jarrett (1977) 73 Cal.App.3d 864, 872, the court of appeal specifically declined to determine whether the plaintiff alleged sufficient facts to support a prayer for punitive damages because it agreed with the holding of the trial judge that the so-called "Second Count" was not an adequately pled cause of action. The court reviewed the case after the trial judge sustained the defendant's demurrer...

Excerpt: ...orporate opportunity; and (6) corporate derivative action. In paragraph 4 of the Complaint, Plaintiff alleges that Defendant Pudas was a member of the board of directors of Clean Battery Recycling, Inc., a California corporation, and the company's Chief Executive Officer. Defendant Pudas was also alleged to be the chairman of the board and Chief Executive Officer of Defendant Akkuser Oy. Clean Battery Recycling, Inc. was incorporated on or about ...

Excerpt: ...they allege facts supporting each element of the claim with specificity. See CACI No. 1900; 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. Plaintiffs are required to provide some details regarding statements made to them by Defendant Wright regarding his agreement to disburse to them the $200,000.00 loan and the $50,000.00 in interest from the gate receipts as a lin...

Excerpt: ...llation of Written Instrument. The Third Cause of Action is for Financial Elder Abuse. The Fourth Cause of Action is for Fraud by Concealment. The Fifth Cause of Action is to Quiet Title. The Sixth Cause of Action is for Fraud by Intentional Misrepresentation. The Court agrees with Cross-Defendant's contention that under the "primary right" theory of code pleading, the primary right that Cross-Defendant allegedly infringed is the right to be free...

Excerpt: ...f filed its Complaint for Breach of Contract, Quantum Meruit, Common Counts, and Quantum Valebant on July 27, 2020. Plaintiff alleges that Defendants breached the parties' contract for the construction of a Linear Accelerator Concrete Vault for Defendants' Oncology Center. Plaintiff prays for an award of damages against Defendants under contract and quasi-contract theories in the sum of $549,688.61. Plaintiff states that it incurred reasonable ex...

Excerpt: ...nd Cross-Defendant, the Court is not inclined to issue the preliminary injunction at this time because Cross-Complainants have not shown that they need to have the electric gate removed right now. See Korean Philadelphia Presbyterian Church v. California Presbytery (2000) 77 Cal.App.4th 1069, 1084 (plaintiff has the burden of proving that the irreparable harm is imminent). Cross-Complainants will ultimately need to be able to use the driveway so ...

Excerpt: ... is Plaintiff's Second Amended Complaint filed on August 27, 2019. Plaintiff was hired by Simpson Strong-Tie Company as a Fabrication Layout Technician in December 2017. Defendant's headquarters are located at 5956 W. Las Positas Blvd., in Pleasanton. Plaintiff's immediate supervisor was Production Department Supervisor Chris Altomare. Plaintiff's "lead" was Francisco Rendon. According to the parties. Plaintiff had a desk or workstation and a com...

Excerpt: ...or Court Case No. RG16841079) (McGuinness, J.). The underlying case apparently involved a dispute arising out of work that Wilt and non-party Daniel Berko performed for Solomon in other litigation. The Cross- Complaint filed by Solomon asserted that Wilt was liable to her because he contributed to her failure to file a certain action prior to the running of the statute of limitations and because he caused another action to be filed in her name wi...

Excerpt: ...ged many evidentiary facts regarding Defendant Esdec, Inc.'s acquisition of IronRidge, Inc. and its post-acquisition bad faith conduct, he did not allege with specificity facts necessary to support an inference that Defendants did not intend to keep their promises when they were uttered. See CACI No. 1902; Lazar v. Superior Court (1996) 12 Cal.4th 631, 645; and Beckwith v. Dahl (2012) 205 Cal.App.4th 1039, 1059-1060. The fact that Defendants did ...

Excerpt: ...ormally is inexcusable in view of the volume of discovery involved. The parties are advised that the moving party must describe the serious efforts to arrive at an informal resolution in its meet-and-confer declaration. See CCP § 2016.040. In this case, counsel for Defendant merely sent a letter to Plaintiff Robertson with a request that Plaintiff indicate whether a telephone conference would be necessary. The parties are advised that a telephon...

Excerpt: ...further response to his request for production no. 23 is DENIED. Plaintiff's request no. 23 asks Defendant to produce documents describing the company's policies and procedures for recruiting travel nurses from August 26, 2017 to the present. Defendant properly objected to Plaintiff's request no. 23, because the Court put on hold any new discovery until the Court makes its ruling on Defendant's motion for summary judgment filed on December 17, 20...

Excerpt: ...s do not allege that Germon was a patient or hospital employee. Instead, Plaintiffs simply allege on information and belief that Germon had been "in the hospital at some point prior to the attack." Plaintiffs claim that Defendant is liable for their injuries, including their severe emotional distress, because it did not take the measures necessary for the safety of individuals who are required to go to the hospital for medical care or to visit th...

Excerpt: ... file a request for dismissal of John Davis no later than January 15, 2021. The demurrer of Defendant Ana Z. Davis (aka Ana Zejack Davis) to the Second Amended Complaint for Conversion, pursuant to CCP § 430.10(e), is OVERRULED. The elements of Plaintiff's Conversion claim are set forth in CACI No. 2100. In order to prevail, Plaintiff must prove by a preponderance of the evidence that: (1) he owns or has the right to possession of the property; ...

Excerpt: ... duty of care in his management of their property located at 1870 Tulane Street, in Union City. See Wolf v. Superior Court (2003) 107 Cal.App.4th 25, 29. Plaintiffs owned the property from 1990 until they sold it in January 2020. Defendant allegedly managed the property for Plaintiffs, who reside in Hong Kong, during the period from 1990 until Plaintiff Tracy Shuk-Han Fung assumed the management role in August 2019. The fact that Plaintiffs and D...

Excerpt: ...ns. Plaintiff worked for Defendant at its Newark location from September 21, 2018 to July 1, 2019. The Court understands that Defendant served the subpoena in order to obtain documents supporting its claim that it was required to make the payroll deductions described in the Second Cause of Action because Plaintiff was legally obligated to provide health insurance for minor Jacqueline Sanchez. The motion is denied without prejudice because Plainti...

Excerpt: ...agreement or Marvin agreement. Mr. Sanders is Plaintiff's father. Defendant advises the Court that he has not served any deposition subpoenas in this case before the one before the Court. Defendant advises the Court that Plaintiff has aggressively pursued discovery in different jurisdictions and in different forms since this case was filed on October 15, 2019. Plaintiff moves to quash the subpoena because she claims that her father lacks knowledg...

Excerpt: ...diate supervisor was Production Department Supervisor Chris Altomare. Plaintiff's "lead" was Francisco Rendon. According to the parties. Plaintiff had a desk or workstation and a computer in a large office space where other production team employees also had their desks and computers. Simpson Strong-Tie Company employee Armando Santiago is Plaintiff's friend. Mr. Santiago apparently still works for Defendant. Mr. Santiago, who shared Plaintiff's ...

Excerpt: ... of consortium claim. After trial, both Plaintiffs and Defendant filed and served memoranda of costs claiming to be the prevailing parties. For the following reasons, the Court holds that Defendant Ramirez is the prevailing party as to the claims of Plaintiff Younes because Younes did not obtain a result more favorable than his CCP § 998 offer of $60,000 to Defendant or Defendant's CCP § 998 offer of $20,000 to him. See Stallman v. Bell (1991) ...

Excerpt: ...an award of their statutory costs is DENIED. Plaintiffs' motion is procedurally deficient and redundant. Plaintiffs are entitled to claim their costs by filing a verified memorandum of costs pursuant to Rule of Court 3.1700(a). Plaintiffs filed their initial memorandum of costs on September 17, 2020 and their amended memorandum of costs on November 17, 2020. Plaintiffs' entitlement to their costs is then presented to the Court for decision when D...

Excerpt: ... to file and prosecute her Cross-Complaint against him in Wilt v. Solomon (Alameda County Superior Court Case No. RG16841079) (McGuinness, J.). The underlying case apparently involved a dispute arising out of work that Wilt and non-party Daniel Berko performed for Solomon in other litigation. The Cross- Complaint filed by Solomon asserted that Wilt was liable to her because he contributed to her failure to file a certain action prior to the runni...

Excerpt: ...sult of the administering of an injection in her left buttock by nurse Jennifer Ear on June 7, 2018. Plaintiff alleges that she presented to the Castro Valley Family Medicine Department on that day because she had been experiencing headaches and dizziness. On that day, Plaintiff was accompanied by her friend, Kiniya Davis. Dr. Mehta examined Plaintiff and diagnosed her with a migraine. Dr. Mehta prescribed two injections. The first injection was ...

Excerpt: ... Received. The County contends that Defendant received a substantial overpayment of her CalWORKs benefits from 2015 to 2017 because she misrepresented the level of income she and others in her household received in reports submitted to the County under penalty of perjury. The County also contends that Defendant received an "overissuance" of her CalFresh benefits for the same reason. The County made the determination in late 2017. Defendant exerci...

Excerpt: ... though the two pleadings are based on the same general factual allegations. Plaintiffs propose to withdraw the declaratory relief claims and to replace them with several contract and tort claims. Plaintiffs also propose joining Newpark Mall's leasing agent and property manager, Brookfield Properties Retail, Inc., as a defendant in the First Amended Complaint. The Court will not recite all of the facts or summarize the procedural history of this ...

Excerpt: ...20. The hearing did not proceed on the original date of February 20, 2020, because Defendants made alternative arguments based on the application of German law, California law, and New Hampshire law. The Court ordered counsel for Plaintiff and Defendants to meet and confer regarding choice of law. The Court indicated that if the attorneys could not agree on choice of law, it would conduct an evidentiary hearing to determine which jurisdiction had...

Excerpt: ...t made a prima facie showing that Plaintiff had no noticeable damage as of March 29, 2019, after her last visit to Highland Hospital on February 11, 2019. The Court's finding was based on the testimony of Defendant's expert, Christopher Petrush, D.D.S. There is no apparent inconsistency. The Court's order leaves open the possibility that Plaintiff sustained damage to her teeth after March 29, 2019. The Court acknowledges that Plaintiff submitted ...

Excerpt: ...med a tubal ligation on her after the delivery of her baby, even though she allegedly made clear that he was to do so only if the baby was determined to be healthy. The allegations considered by the court of appeal in Grieves were suggestive of negligence at most. The court held that the trial court erred, however, because it should have given the plaintiff an opportunity to cure the defects cited in the demurrer by alleging that the doctor was l...

Excerpt: ...nsporting Leobardo Lopez to the hospital struck another vehicle at or near the intersection of Telegraph Avenue and 45th Street, in Oakland, 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 evidence before the Court also...

Excerpt: ...s as African American. Plaintiff alleges that African American employees generally are treated worse than employees of other races at Berkeley Unified School District. The operative First Amended Complaint was filed on April 5, 2018. Plaintiff's First Cause of Action against Defendants is for discrimination on the basis of race. Plaintiff's Second Cause of Action against Defendants is for retaliation. Plaintiff alleges that Defendants were not au...

Excerpt: ...ies of any communication that any attorney, including Plaintiff's counsel, sent to her regarding the claims set forth in the First Amended Complaint. The Court does not agree with Plaintiff's claim that the records are not relevant to the subject matter of this case. See CCP § 2017.010; and Gonzalez v. Superior Court (1995) 33 Cal.App.4th 1539, 1546. Furthermore, as Defendant is seeking only communications the preceded the retention of counsel b...

Excerpt: ...the driver of the truck pulled the rig away from the loading dock. Mr. Ochoa fell and sustained serious injuries. In Plaintiff's supplemental opposition to the demurrer, dated August 26, 2020, counsel acknowledges that TQL could not have been the employer of the driver. Defendant's demurrer to Plaintiff's subrogation claim based on the forum selection clause in the contract between TQL and Best Express Foods, Inc. is OVERRULED. Defendant's argume...

Excerpt: ...uphill from Plaintiff's property and runs under Melvin Road. The storm drain failures caused a large volume of water, mud and debris to flow down the hillside onto Plaintiff's property. Plaintiff claims that the failures were caused by the City's failure to maintain it properly. Plaintiff presented timely tort claims after each incident. After the first tort claim was presented, the City retained a third- party claim adjuster to work with Plainti...

Excerpt: ...991) 2 Cal.App.4th 153, 157. Plaintiff alleges that Defendant and his mother Tiffany Brown made misrepresentations of fact in order to induce her to execute documents purporting to relinquish guardianship of the couple's son, Jacoby. Plaintiff alleges that Defendant and his mother told her that the document was necessary so that Defendant's mother could take Jacoby to doctor's appointments in Texas while the couple was working to find housing in ...

Excerpt: ...e Court that the arbitration provision found in paragraph 18 is identical to the provisions in the Employment Agreements executed by all of the shareholders of AEBP, including its President, Dr. Sasu. Plaintiff Green was invited to join as a shareholder in 2016. In 2018, the nine other shareholders of AEBP agreed to end the shareholder agreement with Plaintiff due to performance issues. Plaintiff has not met her burden of showing that the arbitra...

Excerpt: ...liability insurer for $15,000. Plaintiff then filed the instant case against his own insurer, GEICO, on October 10, 2019, seeking a recovery under the underinsured motorist clause of his automobile policy. The Court has reviewed the arbitration agreement in Plaintiff's automobile policy. The clause states that if Plaintiff and GEICO are not able to agree on the contractual damages owed by GEICO, if any, then the parties have the right to demand t...

Excerpt: ...Hospital on February 11, 2019. Plaintiff contends that she was ultimately hospitalized as a result of the damage to her tooth caused by the hygienist, and that her ability to book modeling jobs has been adversely affected by the condition of her teeth. Plaintiff claims that she will sustain damages in the sum of $2.3 million when future loss of earning capacity is taken into account. In support of its motion, Defendant Alameda Health System has s...

Excerpt: ...posing a "vague mental exam without any advance protections," is without basis. Dr. Filoteo has outlined in some detail the topics of his interview of Plaintiff and the tests he intends to administer during the examination that will not last longer than eight (8) hours. Plaintiff's request that he be accompanied by his attorney during the examination is denied. See CCP § 2032.530(b); and Golfland Entertainment Centers, Inc. v. Superior Court (20...

Excerpt: ...ins with the observation that this is a pleading challenge and that all properly pled facts must be accepted as true even if they appear to be implausible. See Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-967. The Court must take into consideration only facts that appear in the Complaint and those that must be judicially noticed. See CCP § 438(d). Plaintiff filed his Complaint on October 11, 2019. The Complaint includes eighteen (18) ...

Excerpt: ... this instance. Although the Court ordered the parties to comply with their meet-and-confer obligations in its order of July 30, 2020, counsel simply filed a three-page "stipulation" on August 20, 2020 indicating that they had complied for the pending motion of Defendants for judgment on the pleadings as to Plaintiff's Complaint and the demurrer and motion to strike filed by Cross-Defendant to the Cross-Complaint. The obligation of parties to mak...

Excerpt: ...ssistance of deaf and hard-of-hearing persons. DCARA provides social services, independent living skills, employment training, job placement, interpreting and text translation. There are approximately 10,000 deaf and hard-of- hearing individuals in the Bay Area who receive services from DCARA. Plaintiff has approximately 40 to 45 employees. The facts presented by Plaintiff and Defendants are largely consistent. In February 2019, DCARA Board Presi...

Excerpt: ... Supply, Inc. is a roofing company incorporated in 2007. Defendants Chang Ho Ahn and Young S. Ahn are the owners of Premier Roofing Supply. The individual defendants more recently formed Pacific Equipment and Supply, Inc. to engage in the business of distributing or reselling Plaintiff's ladder lifts in the United States pursuant to the parties' distribution agreement. The Court is familiar with Plaintiff's claims and allegations. On December 12,...

Excerpt: ...us so-called lemon law cases filed by attorneys throughout California. This case was not much different than the vast majority of them. The initial trial date in December 2017 was vacated when counsel gave the Court notice that their clients had settled the dispute in November 2018. The notice was apparently premature. Several compliance hearings were set and then continued while counsel for Plaintiff and Defendant attempted to reach a final agre...

Excerpt: ...of action in the Cross-Complaint on October 30, 2018. The Court does not agree with Cross-Defendant's argument that the City of Oakland's determination on Cross- Defendant's appeal of the violation renders the claim invalid as a matter of law. Cross-Complainant alleged that the contract was breached by Cross-Defendant's illegal conduct that violates both the laws of the City of Oakland and the State of California. The Court is required to constru...

Excerpt: ...ous so-called lemon law cases filed by attorneys throughout California. This case was not much different than the vast majority of them. The initial trial date in December 2017 was vacated when counsel gave the Court notice that their clients had settled the dispute in November 2018. The notice was apparently premature. Several compliance hearings were set and then continued while counsel for Plaintiff and Defendant attempted to reach a final agr...

Excerpt: ...r the parties stipulated in the federal lawsuit to dismiss the state law claims without prejudice. In the federal lawsuit, Defendants' attorney took Plaintiff's deposition in 2016. Plaintiff correctly notes that natural persons are subject to only one deposition during the pendency of the case. See CCP § 2025.610(a). In certain cases, however, the Court is authorized to allow the parties to take a second deposition of an individual based on a sh...