Excerpt: ...any, California, while setting up a product display for her employer, Mondelez International Inc. Plaintiff did not file her Complaint until April 8, 2021. Plaintiff contends in the Complaint that the two-year statute of limitations did not begin to run on August 30, 2018, because she was not aware of Defendant's negligence until months later. In California, the statute of limitations commences when a plaintiff has sufficient information to suspe...

Excerpt: ...uct; and (3) if the contract was written, attach the contract as an exhibit to the First Amended Cross-Complaint or allege, verbatim, the term(s) of the contract that BWR breached. Although paragraph 6 of the Cross-Complaint refers to a "lease", it does not appear that Kapila is alleging that BWR actually leased the subject property from Kapila. In addition, Kapila fails to expressly allege that they entered a contract with BWR requiring that any...

Excerpt: ...fferent arbitration provision, but they do not present any evidence of that. Nor do Plaintiffs describe what was "different" about the purported arbitration provision in the "Lease Agreement" or identify any contradictions between the two arbitration provisions. In any event, it is unclear why Plaintiffs' alleged agreement to arbitrate their claims against Tesla in two separate agreements would be a defense to enforcement of either or both of the...

Excerpt: ... of her proposed claim of punitive damages against Defendant Goldman. Plaintiff argues that she has a legal basis for the claim based on Defendant Goldman's testimony that he was aware of problems with the brakes of his vehicle prior to the accident. Plaintiff argues that the California Supreme Court held decades ago that a party injured in a motor vehicle accident can assert a claim for punitive damages based on the defendant's willful disregard...

Excerpt: ... of her proposed claim of punitive damages against Defendant Goldman. Plaintiff argues that she has a legal basis for the claim based on Defendant Goldman's testimony that he was aware of problems with the brakes of his vehicle prior to the accident. Plaintiff argues that the California Supreme Court held decades ago that a party injured in a motor vehicle accident can assert a claim for punitive damages based on the defendant's willful disregard...

Excerpt: ... and SSA Terminals (Oakland) LLC) were served on March 19. As a preliminary matter, the Court has no record that "SSA Terminals LLC" has ever been named as a Defendant in this case or ever appeared in this case. In addition, there is no evidence before the Court that Galin Luk, counsel for the various SSA entities, ever agreed that the subpoenas served on the SSA entities would be treated as if they were ordinary requests for documents under Code...

Excerpt: ... Defendants were obligated to commence work to remove the gatepost and the portion of their gate on Plaintiffs' side of the boundary line "upon execution of this Stipulation." Walter Nix, Defendants' contractor, states in his declaration that he and Defendants did not enter into a contract for the work until the end of February 2021. The gatepost and concrete footing have still not been removed. However, Defendants' failure to comply is partially...

Excerpt: ...l care he received from Dr. Donald Lai and ValleyCare Medical Center between November 3-10, 2019. The case was assigned to Dept. 20, Hon. Paul Herbert presiding. On 1/22/21, Judge Herbert sustained the Demurrer filed by defendant ValleyCare without leave to amend as to all causes of action except false imprisonment and negligent infliction of emotional distress. On February 10, 2021, plaintiff voluntarily dismissed the two remaining causes of act...

Excerpt: ... Plaintiff has instead added a new First Cause of Action entitled, "Violation of Due Process and Unlawful Enforcement." Defendants County of Alameda and Alameda County Sheriff's Office have filed a demurrer to the First Cause of Action because Plaintiff did not allege facts sufficient to show that she exhausted her available administrative and judicial remedies prior to filing the Complaint on February 19, 2020. See Campbell v. Regents of the Uni...

Excerpt: ... . . between you and us or our employees, agents, successor or assigns, which arises out of or relates to your credit application, purchase or condition of this vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) . . . " FCA, alleged to be the manufacturer or distributor of Plaintiff's vehicle (see Complaint, paragraph 9), is not a signatory to the ...

Excerpt: ...tructive termination due to intolerable working conditions.) (See Defendant's Separate Statement Facts ("SSF") Nos. 7-22 and 59-63; Plaintiff's response; Plaintiff's Additional Facts ("AF") Nos. 36-48; and the evidence cited in support.) Defendant does not attempt to proffer a legitimate, nondiscriminatory reason for its alleged treatment of Plaintiff, other than to argue that all three of the corrective actions it issued to Plaintiff were justif...

Excerpt: ...at consultation, Defendant prepared three documents that Nellie executed. First, Nellie resigned as Trustee of The Nellie Wong Bertucci 2013 Revocable Trust ("the Trust") and had Plaintiff appointed as Successor Trustee; in addition, the Trust was changed from a revocable trust to an irrevocable trust. Second, Nellie transferred the Trust's interest in real property located at 315 Montcalm Street, San Francisco to Plaintiff. Third, Nellie revoked...

Excerpt: ...liminary injunction. The Court granted Plaintiff's Ex Parte Application and issued a Temporary Restraining Order against Defendants Youland, Inc., Lin Jia (aka Richard Jia) and Peer Street, Inc. on June 28, 2021. The Court granted the application in order to protect Plaintiff from having the property sold at a trustee's sale on July 1, 2021. The Court cannot grant the requested injunction because Plaintiff subsequently dismissed Peer Street, Inc....

Excerpt: ...ation - Abuse of Administrative Process". In addition, Karnstein moves to strike six other portions of the Cross-Complaint, as indicated in Items Nos. 1-6 in Karnstein's Notice of Motion. In ruling on a Special Motion to Strike, the Court engages in a two-step process. (See Equilon Enterprises v. Consumer Cause Inc. (2002) 29 Cal.4th 53, 67.) First, the Court decides whether the moving party has made a threshold showing that the challenged cause ...

Excerpt: ...ed, code-compliant responses to Requests for Admissions, Set One, Nos. 2, 3, and 6. By that same day, Defendants shall serve verified further responses, without objections, to Form Interrogatories General, Set Two, No. 17.1.; Special Interrogatories, Set One, Nos. 13-19 and 22-27; and Requests for Production of Documents, Set Two, Nos. 59-65, 70, 72-74, 78-81, 85, and 88. By that same date, Defendants shall produce the documents responsive to tho...

Excerpt: ...gnature on the arbitration agreement pursuant to Civil Code § 1633.9. (See Espejo v. Southern California Permanente Medical Group (2016) 246 Cal.App.4th 1047, 1062.) Significantly, Plaintiff has submitted no evidence denying that he electronically signed the employment offer letter containing the arbitration agreement and that he agreed to those terms. Once a defendant has alleged the existence of an arbitration agreement, the burden shifts to t...

Excerpt: ...cie case of discrimination. The burden then shifts to defendant to demonstrate a legitimate, nondiscriminatory reason for its employment decision. If the defendant does so, the plaintiff must show, by a preponderance of the evidence, that the legitimate reasons offered by the defendant are a pretext for discrimination. (See, e.g., Arteaga v. Brink's Inc. (2008) 163 Cal.App.4th 327, 342- 343.) The plaintiff cannot meet that burden simply by showin...

Excerpt: ... of $448,000.00 from Bank of America on January 17, 2007. On September 19, 2012, Bank of America assigned its interest in the Deed of Trust to E*Trade Bank. On December 8, 2014, E*Trade Bank assigned its interest in the Deed of Trust to Bayview Loan Servicing, LLC. Bayview Loan Servicing, LLC later changed its corporate name to Community Loan Servicing, LLC. Plaintiff alleges that he defaulted on his mortgage payments prior to September 30, 2016....

Excerpt: ...ndant's motion to July 30, 2021 to give defense counsel time to seek relief from Judge Davila in the Northern District of California for plaintiff's apparent violation of his orders in the Brown and Waters cases by prosecuting this action. The court anticipated that counsel (both plaintiffs' and defendant's) would provide this court with updates on their efforts to seek relief from Judge Davila; but none have been presented. The Court has reviewe...

Excerpt: ... 29 Cal.4th 262, 273.) Therefore, the ruling on this motion depends entirely on Plaintiff's showing that one or more of the Defendants is subject to jurisdiction in California. Jurisdiction may be either general, or specific and limited. (See, e.g. Vons Companies Inc. v. Seabest Foods Inc. (1996) 14 Cal.4th 434, 445.) A nonresident defendant is subject to general jurisdiction if its contacts with the forum state are "substantial . . . continuous ...

Excerpt: ... to determine whether Lambert was a managing agent of Defendant during COVID, that is also irrelevant to Plaintiff's claims because she was fired eight months prior to the spread of COVID in the U.S. As to Question No. 2, the motion is GRANTED. Lambert is the Service Line Leader of the Emergency Room at Kaiser Antioch. The size and dollar amount of the emergency department's annual budget is relevant to whether Lambert can be considered a managin...

Excerpt: ...rated his vehicle, causing it to collide with Plaintiff near the intersection of Industrial Parkway SW and Addison Way, at approximately 8:15 a.m., on September 13, 2019. Plaintiff alleges that he was riding his 2002 Suzuki motorcycle when the accident occurred. Plaintiff alleges that he sustained serious bodily injuries and sustained financial loss as a result of the accident. The allegations and claims in the Complaint determine the scope of re...

Excerpt: ...Complaint when the case was still pending in the Tuolumne County Superior Court because Plaintiff states in the first paragraph that counsel for Dr. Gwalani and Dr. Abeles gave her some guidance about the appropriate manner of pleading causes of action. Based on its review of the First Amended Complaint and Defendant's memorandum of points and authorities, the Court agrees with Defendant's assertion that Plaintiff has not alleged sufficient facts...

Excerpt: ...th EBMUD. (See First Amended Complaint, paragraph 62.) The alleged actions by EBMUD that give rise to the Second Cause of Action for Breach of the Implied Covenant of Good Faith and Fair Dealing are not the same actions that give rise to the First Cause of Action for Breach of Contract. (Compare First Amended Complaint paragraphs 57 and 62.) In addition, a claim for breach of the implied covenant of good faith and fair dealing need not be based o...

Excerpt: ...ges that on October 18, 2016, she was followed to her home in Fremont by a former employee of Defendant, Barry Heisner, and attacked and robbed as she attempted to enter her home. Plaintiff had been playing cards at Bay 101 for several hours before leaving the casino at around 1:00 a.m. Defendant Heisner, who had been terminated as a card dealer in March 2016 for unrelated job performance reasons, was prohibited from entering the premises after D...