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...