Excerpt: ...me at Ira Jenkins Recreation Center ("Recreation Center"), when Defendant Emarius M. McCowan ("McCowan") acted in an intentionally aggressive and hostile manner toward Plaintiffs and others in the game. As a result, employees of the City closed the Recreation Center and forced Plaintiffs to leave in the company of McCowan. The employees also locked the doors of the Recreation Center to prevent Plaintiffs from seeking shelter or safety inside. Onc...

Excerpt: ...Safety Code section 25249.6; (C) the reimbursement of $13,000 for fees and costs to be paid to Plaintiff's counsel pursuant to the CJ is reasonable under California law; and (D) the civil penalty of $2,000 to be paid pursuant to the CJ is reasonable based on the criteria set forth in Health & Safety Code section 25249.7(b)(2). The CJ requires that beginning on the Effective Date, Defendant Pacific World Corporation ("Defendant") shall not manufac...

Excerpt: ... misrepresentation. The Eighth Cause of Action at issue here alleges that Defendant Michael Feiner ("Feiner") obtained a zoning variance to develop and construct Temescal Lofts, which included a landscaping plan approved by the Emeryville Planning Director that shows a pond, rather than the Tipuana trees that are now on the property. Plaintiff asserts that this landscaping plan constitutes a covenant that runs with the land, and that Defendants h...

Excerpt: ...class action suit against Safeway, whistleblowing, and due to his age. The Court had previously sustained with leave to amend Defendants' demurrer to the First Amended Complaint to the same causes of action. STANDARD OF LAW "A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal. App. 5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to s...

Excerpt: ...ing, make an order, no later than the close of pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case, except for special defenses which may be tried first pursuant to Sections 597 and 597.5." (CCP § 598.) Further, "[t]he court, in furthe...

Excerpt: .... "Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing." (CCP § 1005(b).) "However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California[.]" (Id.) 16 court days before July 25, 2019...

Excerpt: ...the ground that there is a another action pending is SUSTAINED. In the First Cause of Action, Plaintiff seeks to quiet title to a month-to-month tenancy at 7203A Holly Street, Oakland, and the Second Cause of Action seeks a declaration that Plaintiff owns has month-to-month tenancy. Plaintiff does not seek to establish an ownership in interest in the real property, but merely the right to reside there as a tenant. Defendant Dellesia Onifade's com...

Excerpt: ... respect to SLS' judicial estoppel argument. Defendant Prestige Default Services' ("Prestige") request to join in this Demurrer is GRANTED. PROCEDURAL HISTORY The following chronology of events is based upon Plaintiff's Corrected Second Amended Complaint ("SAC") filed on March 26, 2019, and evidence upon which the Court takes judicial notice. Plaintiff owns a property in Hayward, California (the "Property"). Around 2006, Plaintiff obtained a seco...

Excerpt: ... a basis for the court to impose a duty to disclose. (See Bigler-Engler v. Breg, Inc. (2017) 7 Cal.App.5th 276, 310-311.) The complaint does not allege a partially or grossly misleading affirmative statement before or at the time of sale that would trigger a duty to disclose in an arms-length transaction. (Id. at 312-313.) Plaintiff vaguely alleges that Defendant expressed general warranties, and that Plaintiff "interacted with GM's sales represe...

Excerpt: ... defendants as to whom the litigation was finally determined or (ii) the cause of action, claim, controversy, or any of the issues of fact or law, determined or concluded by the final determination against the same defendant or defendants as to whom the litigation was finally determined." C.C.P. § 391(b)(3) also defines a vexatious litigant as a person who in "propria persona, repeatedly files unmeritorious motions, pleadings, or other papers, c...

Excerpt: ...edes, the viability of his claim for punitive damages is dependent upon his seventh cause of action for fraud by omission. (Pl.'s Opp. at 3:14-21.) Since the Court is concurrently sustaining Defendant's Demurrer with leave to amend, it follows that Plaintiff has not adequately pleaded his claim for punitive damages. Plaintiff cites federal cases which merely analogized Song-Beverly civil penalties to punitive damages in order to find a sufficient...

Excerpt: ...or responding memorandum may exceed 15 pages." Even if the Court were to consider the remaining pages, the Court's ruling would be the same. STANDARD OF LAW "A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless ...

Excerpt: ... is contested by Defendants. IT IS FURTHER ORDERED that Alpha shall provide signed, verified further responses to Plaintiff's Second Set of Interrogatories Interrogatory Nos. 1, 3-4, 6-7, and 9-11, and further responses and responsive documents to Plaintiff's Second Set of Request for Production Nos. 1-2, 5, 7-9 and 13-32, without objections, no later than August 6, 2019. STANDARD OF LAW "[A] civil litigant's right to discovery is broad." (Yelp I...

Excerpt: ...h Health & Safety Code section 25249.6; (C) the reimbursement of $21,250 for fees and costs to be paid to Plaintiff pursuant to the CJ is reasonable under California law; and (D) the civil penalty of $2,500 to be paid pursuant to the CJ is reasonable based on the criteria set forth in Health & Safety Code section 25249.7(b)(2). Health & Safety Code section 25249.7(f)(4)(A) requires the Court to make a finding that "[t]he warning that is required ...

Excerpt: ...f this Order. PARTIES ARE TO APPEAR to discuss a new trial date. Pursuant to Code of Civil Procedure section 428.50(a), "[a] party shall file a cross- complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint." Otherwise, "[a] party shall obtain leave of court to file any cross- complaint [against any of the parties who filed the ...

Excerpt: ...es of the Erchinger Defendants' brief. STANDARD OF LAW FOR MOTION FOR JUDGMENT ON THE PLEADINGS A court may grant a motion for judgment on the pleadings "[i]f the moving party is a defendant," and either "[t]he court has no jurisdiction of the subject of the cause of action alleged in the complaint" or "[t]he complaint does not state facts sufficient to constitute a cause of action against that defendant." (CCP § 438(c)(1)(B).) "The grounds for ...

Excerpt: ...s' Motion to Expunge Lis Pendens for lack of jurisdiction before it considered Plaintiff's opposition as the opposition brief was delayed due to the Court's fax filing system. The Court affirmed the tentative ruling on March 5, 2019. Plaintiff now seeks fees and costs she incurred for opposing the Motion to Expunge Lis Pendens. Under the applicable statute, "[t]he court shall direct that the party prevailing on any motion [seeking expungement] be...

Excerpt: ...exists an overriding interest that overcomes the right of public access to the record; (2) [t]he overriding interest supports sealing the record; (3) [a] substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) [t]he proposed sealing is narrowly tailored; and (5) [n]o less restrictive means exist to achieve the overriding interest." (Cal. Rules of Court, Rule 2.550(d).) MOTION TO SEAL Defenda...

Excerpt: ... requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement." (Id.) This case arises out of an auto accident that occurred on August 21, 2014. The parties settled the dispute on February 4, 2019 and executed a stipulation regarding settlement ("Stipulation"). The Stipulation stated that Plaintiff would release Defendant from "all rights, claims, d...

Excerpt: ... 19, 2019. Plaintiff states that due to medical issues she was unable to file a timely opposition. Nevertheless, Essex was able to substantively respond to Plaintiff's arguments in reply, so the Court shall consider both parties' papers. This action arises from a flooding incident in a unit occupied by Plaintiff Maureen McFadden ("Plaintiff") at the Essex House Condominiums (the "Property") in Oakland, California in November 2017. Essex served it...

Excerpt: ...er natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense." (CCP § 2025.420(b).) A protective order may include instructions "[t]hat the deposition not be taken at all," "[t]hat the deposition be taken only on certain specified terms and conditions," "[t]hat certain matters not be inquired into," and/or "[t]hat the scope of the examination be limited to certain matters[.]" (Id.) In ad...

Excerpt: ... opposition. Nevertheless, Essex was able to substantively respond to Plaintiff's arguments in reply, so the Court shall consider both parties' papers. This action arises from a flooding incident in a unit occupied by Plaintiff Maureen McFadden ("Plaintiff") at the Essex House Condominiums (the "Property") in Oakland, California in November 2017. Essex seeks an order compelling further responses to certain interrogatories in its Form Interrogator...

Excerpt: ...lemental Request no later than July 23, 2019. IT IS FURTHER ORDERED THAT Defendant provide all responsive documents to Plaintiffs' Request for Production of Documents, Set 4 and Supplemental Request no later than July 23, 2019. Plaintiffs seek an order compelling Defendant Alameda Unified School District ("Defendant") to further respond with responsive documents and Code-compliant language to certain requests in Plaintiffs' Request for Production...

Excerpt: ...9, 2019. Plaintiff states that due to medical issues she was unable to file a timely opposition. Nevertheless, Essex was able to substantively respond to Plaintiff's arguments in reply, so the Court shall consider both parties' papers. This action arises from a flooding incident in a unit occupied by Plaintiff Maureen McFadden ("Plaintiff") at the Essex House Condominiums (the "Property") in Oakland, California in November 2017. Essex seeks an or...

Excerpt: ...sider Plaintiff's untimely opposition filed on June 24, 2019, which were due on June 19, 2019. Plaintiff states that due to medical issues she was unable to file a timely opposition. Nevertheless, Essex was able to substantively respond to Plaintiff's arguments in reply, so the Court shall consider both parties' papers. This action arises from a flooding incident in a unit occupied by Plaintiff Maureen McFadden ("Plaintiff") at the Essex House Co...