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: ... 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: ...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: ...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: ...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: ..., 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 ...