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...