Excerpt: ...ere Plaintiff Braden-Robinson was prevented or delayed from entering certain real property to recover her belongings. Six of the seven causes of action are brought against Defendant Hamby. Defendant Hamby has demurred to two of those six causes of action against him. SECOND CAUSE OF ACTION - BATTERY Defendant Hamby argues the FAC's Second Cause of Action for Battery must fail because Defendant Hamby's alleged employee or agent, Defendant Paul Lan...

Excerpt: ...AC is SUSTAINED WITHOUT LEAVE TO AMEND. As all of the demurrers as to all causes of action are SUSTAINED WITHOUT LEAVE TO AMEND, the 4AC is DISMISSED. OVERVIEW This lawsuit stems from a food and beverage distribution agreement gone awry. The parties previously litigated the core issues at stake here in AJY International, Inc. v. Paldo Co., Ltd., Northern District of California Case No. 17-cv-00744-VC, and, before removal to federal court, Superio...

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: ...Defendant")-after a first look by Plaintiff-with any withheld or redacted documents identified in a production log provided to Defendant detailing the reasons for any redactions or for withholding any document. Plaintiff seeks to quash or modify the July 1, 2019 amended deposition subpoena for production of business records issued by Defendant to her primary care doctor, Ron Huang, M.D. (Declaration of Maureen E. McFadden ["McFadden Dec."] Ex. A....

Excerpt: ...ve for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding." (CCP § 437c(a)(1).) "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, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no a...

Excerpt: ...actual 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 state a cause of action or discloses a complete defense." (Id.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.) "As a ge...

Excerpt: ...f 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 state a cause of action or discloses a complete defense." (Id.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.) "...

Excerpt: ...PART. IT IS ORDERED THAT no later than October 22, 2019, Plaintiff shall file and serve an amended complaint. 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 state a cause of action or discloses a complete defense." (Id.) The Court assumes "the truth of the...