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: ...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: ...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: ...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: ... 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: ...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: ...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...