Excerpt: ... party, is entitled to recover attorney's fees and costs incurred in defending its rights under the Note and Deed of Trust at issue in this case and pursuant to Civil Code section 1717. Plaintiffs brought this action on December 4, 2018 against U.S. Bank and other defendants, asserting claims for breach of contract, breach of implied covenant of good faith and fair dealing, negligence, unfair business practice, and accounting based upon the handl...

Excerpt: ...First United Credit Union ("First United") (collectively, "Defendants"). In this action, Broadmoor alleges that the Individual Defendants planned an ouster of Pastor Marcia Flagg ("Flagg") and a takeover of the Board of Directors of Broadmoor by calling an improperly noticed meeting to insert a new unelected Board of Directors. (Second Am. Compl. ¶ 15.) Broadmoor alleges that Porter caused a Statement of Information to be filed with the Californ...

Excerpt: ...ment amount, so Plaintiffs made a motion to enforce the settlement agreement, which the Court granted. On October 28, 2019, the Court entered judgment against Defendants Robert L. Telles, Jr., and Telles, Walker & Kochenderfer, LLP for $165,359.99 (the "Judgment"). Plaintiff states that the current amount of the Judgment is approximately $175,000 plus attorney's fees and costs to enforce the Judgment. Plaintiff states that the Judgment remains un...

Excerpt: ... an appeal bond or undertaking. Therefore, the present action is not stayed by the appeal, and the Court may grant the unopposed relief Creditor requests. (CCP §§ 917.1, 917.4.) Creditor obtained a judgement on its complaint to, among other things, enforce a mechanic's lien for home remodeling work performed on the real property commonly known as 1118 Manor Boulevard, San Leandro, Alameda County, California (the "Property"). Creditor subsequent...

Excerpt: ...d inadequacy in Ford's Warnings caused his injury; (2) Mr. Stroth's Cause of Action for Negligent Design fails as a matter of law because Plaintiffs cannot establish that a reasonable manufacturer would have used a different design; (3) Mr. Stroth's Cause of Action for Strict Liability - Design Defect fails as a matter of law because Plaintiffs cannot establish that there was anything wrong with the product apart from the claimed lack of warnings...

Excerpt: ...with respect to plaintiff Donald Stroth ("Mr. Stroth"). Mr. Stroth, who has been diagnosed with mesothelioma, alleges that he was a flooring contractor who worked with and removed previously laid DAP asbestos- containing adhesives and other products between 1970 to 1978. LEGAL STANDARDS "A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, ...

Excerpt: ...efendant on each of (i) Arciero & Sons, Inc.; (ii) Arden Group, Inc.; (iii) Odom Corporation; (iv) Clearwater Pipeline, Inc.; (v) Pipeline Materials, Inc. c/o Wells Pipeline Materials, Inc.; (vi) Regal Construction Company; (vii) Doty Borthers [sic] Equipment, Inc.; (viii) Pipeline Engineers, Inc.; and (ix) Stoddard Company Bell Gardens, Inc., the Motion to Quash is GRANTED IN PART and DENIED IN PART. Defendant's business records subpoenas to the...

Excerpt: ...or other parties to evaluate the merits of that claim." (See CCP § 2031.240(c)(1).) At a minimum, Plaintiff must specify whether the redacted portions of his medical records concern treatment for or evaluation of mental conditions or symptoms versus physical conditions or symptoms. Therefore, the Court ORDERS Plaintiff to serve an amended Privilege Log no later than Wednesday, March 4, 2020 that contains "sufficient factual information" to enabl...

Excerpt: ...rights under the Note and Deed of Trust at issue in this case and pursuant to Civil Code section 1717. Plaintiffs brought this action on December 4, 2018 against U.S. Bank and other defendants, asserting claims for breach of contract, breach of implied covenant of good faith and fair dealing, negligence, unfair business practice, and accounting based upon the handling of a loan for their property located in Fremont, California. As against U.S. Ba...

Excerpt: ...) In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference. (e) Notwithstanding any other provision of law, the court...

Excerpt: ... elements of these causes of action as a matter of law. Plaintiffs' Opposition to the MSA does not address Defendant's contentions, except to state in response to each of Defendant's Undisputed Material Facts Nos. 1-44, "Plaintiffs hereby waive their [third/fourth] cause of action for [negligent misrepresentation/fraud by nondisclosure.]" Therefore, the MSA with respect to Plaintiff's Third and Fourth Causes of Action is GRANTED. With respect to ...

Excerpt: ...t in the action as a whole[;] [and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that ...

Excerpt: ...the Court requests that the parties address the following issues. Plaintiff should be prepared to address what evidence in the record exists to support her burden to show that Plaintiff was a qualified person with a disability, i.e., that Plaintiff could perform the essential functions of her prior position or any other then open position with Defendant, with or without reasonable accommodations, as of June 4, 2012, the date of the adverse employ...

Excerpt: ...e same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order." (CCP § 1008(a).) "The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown." (Id.) In addition, "[t]he court may, upon any terms as may be just, relieve a party ...

Excerpt: ... has been diagnosed with malignant mesothelioma. He alleges that he was exposed to Defendant's asbestos-containing products while working as a custodian at various car dealerships. Demurrer to Third Cause of Action - False Representation per Restatement 2d of Torts § 402B California case law recognizes a cause of action for a seller's false representations pursuant to §402B of the Restatement 2nd of Torts. (Westlye v. Look Sports Inc. (1993) 17...

Excerpt: ...thereof pursuant to this section for a period which extends for more than 10 days beyond the last date on which a notice of appeal could be filed." (CCP § 918(b).) "This section applies whether or not an appeal will be taken from the judgment or order and whether or not a notice of appeal has been filed." (CCP § 918(c).) A stay under section 918, as sought here by General Cable, "does not extinguish or prevent the creation of a lien under Artic...

Excerpt: ... in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant." (Id.) "Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding." (CCP § 1032(b).) "[T]he trial court has no discretion to order each party to bear h...

Excerpt: ...96, 107. Decedent Kenneth Dale ("Decedent") died of mesothelioma allegedly caused in part by breathing in asbestos-containing dust produced by brake parts and clutch assemblies he purchased from Kragen, Defendant's predecessor in interest, in Healdsburg, CA, which parts Decedent used for home auto repair. Motion for Summary Judgment Defendant targets the threshold exposure sub-element of the essential element of causation by attempting to show th...

Excerpt: ...ew or further trial granted on all or part of the issues, on the application of the party aggrieved, for . . . [i]nsufficiency of the evidence to justify the verdict or other decision, or the verdict or other decision is against law." (CCP § 657.) "The trial judge sits as a thirteenth juror with the power to weigh the evidence and judge the credibility of the witnesses." (Seffert v. Los Angeles Transit Lines (1961) 56 Cal. 2d 498, 507.) "[W]hen ...

Excerpt: ...ettlement agreement. Plaintiffs do not submit a copy of the document or documents constituting the parties' alleged settlement agreement. Without a copy of the final settlement agreement, the Court is unable to determine whether the parties have entered into an enforceable settlement agreement and cannot enter a judgment in the appropriate amount. Plaintiffs' declaration of counsel states that on 11/20/2017, Plaintiffs and Defendant reached an or...

Excerpt: ...er 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) [t]he party has a substantial interest in the action as a whole[;] [and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) Notably, "[t]he standard under subdivision (a), ..., includes no requirement of a doc...

Excerpt: ...ry sought is relevant to defendant CertainTeed Corp.'s potential liability herein. (See Rawnsley v. Sup.Ct. (1986) 183 Cal.App.3d 86, 91.) Further, Plaintiffs should be prepared to address what remedies will be available to them if they are allowed to depose CertainTeed now regarding the recent asset transfers that will not be available to them if Plaintiffs are forced to wait until the completion of trial to conduct this discovery. The Court not...

Excerpt: ...h respect to punitive damages. Decedent Kenneth Dale ("Decedent") died of mesothelioma allegedly caused in part by breathing in asbestos-containing dust produced by removal of Durametallic's packing and gaskets on the USS Cavalier, a Navy ship on which Decedent served from February 1965 through November 1967. There is no evidence in the record for the MSA that Decedent was exposed to respirable asbestos from one of Defendant's or Durametallic's p...

Excerpt: ...96, 107. Decedent Kenneth Dale ("Decedent") died of mesothelioma allegedly caused in part by breathing in asbestos-containing dust produced by brake parts and clutch assemblies he purchased from Kragen, Defendant's predecessor in interest, in Healdsburg, CA, which parts Decedent used for home auto repair. Motion for Summary Judgment Defendant targets the threshold exposure sub-element of the essential element of causation by attempting to show th...

Excerpt: ...or "Fluor") regarding Plaintiffs' newly asserted punitive damages claims within twenty (20) days of electronic service. Further, the Court ORDERS each of Plaintiffs, upon timely service of a Notice of Further Deposition, to sit for further deposition regarding solely Plaintiff's newly asserted punitive damages claims, which depositions shall be completed no later than Friday, February 14, 2020. Plaintiffs allege asbestos personal injury causes of...