Excerpt: ...ould be published in the City's voter information pamphlet, which the City distributes to eligible voters in connection with the Election. Plaintiff alleges that on October 27, 2018, he discovered that the qualifications statement that he submitted had not been printed verbatim in the City's voter information pamphlet. Plaintiff's SAC alleges three causes of action for (1) damages and injunctive relief for Defendants' alleged failure to discharge...

Excerpt: ...el Newman (collectively, "Plaintiffs") brought this action against Defendant concerning its obligations under the written warranty it issued for a vehicle purchased by Plaintiffs in November 2012. Plaintiff alleges that Defendant breached the express warranty and implied warranty of merchantability by knowingly delivering a vehicle with serious defects and nonconformities, which later developed other serious defects and nonconformities, including...

Excerpt: ...lso been assigned by its insured claims against Defendants for reimbursement for damages caused by Defendants to a motor home rented by the insured to Defendants. LEGAL STANDARDS "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 assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those...

Excerpt: ...endants based upon Defendants' representation of Plaintiffs for applications for patents with the United States Patent and Trademark Office ("USPTO"), which resulted in the issuance of U.S. Patent No. 7,516,227 (the "'227 Patent") on April 7, 2009. Plaintiffs allege that Defendants also represented Plaintiffs in the subsequent amendments, corrections, and administrative challenges regarding the '227 Patent as late as February 18, 2016. Plaintiffs...

Excerpt: ...on 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." (CCP § 36(d).) In addition, "[n]otwithstanding any other provision of law, the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by granting this preferenc...

Excerpt: ...d) 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 cour...

Excerpt: ...that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.) "As a general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true, however improbable they may be," unless the "complaint contains allegations of fact inconsistent with attached documents, or allegations contrary to facts which are judicially noticed." (Del E. Webb Corp. v. Stru...

Excerpt: ...ded and matters of which judicial notice has been taken." (Id.) "As a general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true, however improbable they may be," unless the "complaint contains allegations of fact inconsistent with attached documents, or allegations contrary to facts which are judicially noticed." (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal. App. 3d 593, 604.) "...

Excerpt: ...s") opposition is untimely because it was filed and served on November 21, 2019, instead of November 18, 2019. The Court notes that Plaintiff's Motion failed to provide adequate notice as it was served by mail on November 8, 2019 for a hearing set on December 3, 2019, when notice should have been served by mail no later than November 1, 2019. As both parties failed to comply with the Code of Civil Procedure but were able to substantively respond ...

Excerpt: ...ormation concerning facility name, department, section, or location within a facility is unknown. This renders his response to Nos. 6- 9 equally confusing. In addition, Plaintiff's identification of coworkers in Nos. 8 and 9 fails to provide the requested information about the location and period of employment applicable to those coworkers. No. 13-16, 18: GRANTED. Additional specificity is required. Plaintiff's responses are not organized in a wa...

Excerpt: ... Defined Benefit Plan, and allegedly was involved in the fraudulent dealings alleged in the First Amended Complaint. Plaintiff, proceeding in pro per, states that her former counsel had represented that Solarius was an essential party but failed to include it in this action. Defendants argue that Plaintiff's motion is time-barred under Code of Civil Procedure section 583.210 which requires that "[t]he summons and complaint shall be served upon a ...

Excerpt: ...s." (Id.) "The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied: (A) [a] provision of law confers an unconditional right to intervene[;] [and/or] (B) [t]he person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impa...

Excerpt: ...s complaints of the flooding of the whole block of Ocean Avenue, which he purports is due to the upward slanting of Vallejo Street. (FAC ¶ 1.) Plaintiff claims that as a result, the foundation of his home has been undermined and his property has been deemed unfit for habitation. (Id. ¶ 4.) Plaintiff asserts that Defendant has intentionally or negligently failed to relieve the flooding in the area by failing to install a dedicated storm drain. (...

Excerpt: ...Act of 2004 ("PAGA") (Lab. Code § 2698 et seq.). Plaintiff's attorney represented that a copy of this motion was transmitted to the LWDA on October 4, 2019. (Declaration of Justin F. Marquez ["Marquez Dec."] ¶ 8, Ex. B.) The LWDA has not appeared in this action to offer comments on, or objections to, the proposed settlement. In her First Amended Complaint, Plaintiff also purports to state individual claims for violations of various Labor Code s...

Excerpt: ...en." (Cal. Rules of Court, Rule 2.550(c).) "The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) [t]here 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...

Excerpt: ...sufficient to constitute a defense to the complaint." (CCP § 438(c)(1)(A).) "A motion by a plaintiff for judgment on the pleadings is in the nature of a general demurrer to the answer, and the motion must be denied if the answer raises a material issue or sets up affirmative matter constituting a defense." (Barasch v. Epstein (1957) 147 Cal. App. 2d 439, 442.) "Where the answer, fairly construed, suggests that the defendant may have a good defen...

Excerpt: ...LAINT Plaintiff Kathleen Reeves ("Plaintiff") brought this action based on allegations that Defendant Monica Leasure ("Leasure"), a receptionist at Plaintiff's law office, diverted Plaintiff's accounts receivable to herself using credit card and bank accounts in Plaintiff's name. Plaintiff contends that Defendant Carl Upthegrove ("Upthegrove"), whom Plaintiff contracted to check in on her office while she was being treated for medical issues, hel...

Excerpt: ...5, 2019, when it should have been served by October 25, 2019), and filed an untimely reply brief on October 19, 2019. (People v. $17,522.08 United States Currency (2006) 142 Cal. App. 4th 1076, 1084 ["Both civil litigants and criminal defendants who represent themselves in the trial court are held to the same standards as are parties who are represented by counsel."]; Gamet v. Blanchard (2001) 91 Cal. App. 4th 1276, 1284 ["[P]ro per litigants are...

Excerpt: ...fendants Alameda Health Systems ("AHS") and Narayan Travelstead Professional Law Corporation's (collectively, "Defendants") Motion to Designate Plaintiff as a Vexatious Litigant. The Court held Defendants had not met the first and second prong of the vexatious litigant statute because the federal and state cases against AHS were still pending and/or on appeal so there had not been any final determinations, and Plaintiffs' subsequent actions did n...

Excerpt: ...y 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 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: ...ny part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." (CCP § 436.) An "irrelevant matter," or "immaterial allegation," means: (1) an allegation that is not essential to the statement of a claim or defense; (2) an allegation that is neither pertinent to nor supported by an otherwise sufficient claim or defense; or (3) a demand for judgment requesting relief not supported by ...

Excerpt: ...cause of action exists against the party upon whom service is to be made or he or she is a necessary or proper party to the action[;] [or] (2) The party to be served has or claims an interest in real or personal property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding the party from any interest in the property." (CCP § 415.50(a).) "The court shall order ...

Excerpt: ...ended her complaint to substitute Defendant Doe 1 with Renoir. OHA states that it used Renoir's temporary staffing services to hire a temporary worker to make repairs to the staircase where Plaintiff slipped and fell. Renoir then made this motion seeking to be dismissed from Plaintiff's complaint and summons on the basis of sovereign immunity and Plaintiff's failure to exhaust her remedies before a tribal court. After the initial hearing on this ...

Excerpt: ... Plaintiff alleges that during recess, she was assaulted by a group of boys. Plaintiff alleges that there were no paid employees on the playground, and the one volunteer on the playground only intervened after the assault occurred. Plaintiff alleges that District has failed to discipline Boy 1 or keep him away from Plaintiff, and has allowed Boy 1's parents to question Plaintiff during school hours on school property, without her parents present....

Excerpt: ...ke Portions of the Fourth Amended Cross Complaint is GRANTED IN PART AND DENIED IN PART. As a threshold matter, the Court took into consideration Elstead's untimely oppositions to the Demurrer and Motion to Strike as Cross-Defendants were able to substantively respond to Elstead's arguments in reply. Elstead is admonished to comply with the procedural rules and deadlines with respect to filings and service in all future filings. PROCEDURAL HISTOR...

Excerpt: ... San Diego v. Superior Court (2018) 30 Cal. App. 5th 457, 469.) Although the right to counsel of one's choice is an important one, it "must yield to ethical considerations that affect the fundamental principles of our judicial process." (Id.) "At the same time, courts have recognized that a disqualification order is not without cost." (Id.) "[I]t must be kept in mind that disqualification usually imposes a substantial hardship on the disqualified...

Excerpt: ...finance for the two of the properties under her name alone, and Wendy Tang would manage the properties. A grant deed dated December 12, 2018 stated that Plaintiff was entitled to a 25% ownership and rental income of the subject properties, and Defendants would be entitled to the remaining 75% ownership and rental income. For the third property, Plaintiff and Wendy Tang orally agreed to a different arrangement wherein Plaintiff would be entitled t...

Excerpt: ...mplaint no later than December 3, 2019. Defendant's Motion to Strike is DENIED. 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 properly pleaded factual alle...

Excerpt: ...application shall be executed under oath and shall include: (1) A showing of the basis of the plaintiff's claim and that the plaintiff is entitled to possession of the property claimed. If the basis of the plaintiff's claim is a written instrument, a copy of the instrument shall be attached. (2) A showing that the property is wrongfully detained by the defendant, of the manner in which the defendant came into possession of the property, and, acco...

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: ...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: ... 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: ...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: ... 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: .... "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: ... 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: ...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: ...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: ...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: ...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: ... 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: ...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: ... 10, 2017. Plaintiff Ramona Choyce, on behalf of herself and as guardian ad litem for Minor Plaintiffs Quincy'Ana Mason, Quincy Mason, Jr., and Jaheim Choyce (collectively, "Choyce Plaintiffs"), brought a separate action against Defendant Khaled Saeed on February 23, 2018, arising from claims based upon the same January 26, 2017 fire. The two actions, along with one other action, were consolidated on March 14, 2019. The Court granted Choyce Plain...

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: ...del it worked on for Daniel. Plaintiff served its Special Interrogatories, Set One ("Interrogatories"), and Request for Production of Documents, Set One ("RFP"), on Daniel on November 14, 2018. Daniel served her responses to both discovery sets on December 19, 2018. In response to Plaintiff's request, Daniel provided supplemental responses to the Interrogatories on February 1, 2019. Plaintiff claims that this supplemental response was deficient, ...

Excerpt: ...omplaint 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 general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true, however improbable they may be,...

Excerpt: ...ross-complaint against Plaintiff Konstantin Savvon ("Plaintiff") and others, alleging breach of contract, fraud, negligent and intentional interference with prospective economic advantage, breach of fiduciary duty, corporate waste, unfair competition, civil conspiracy, unjust enrichment, and constructive trust. Defendants allege that Plaintiff stole monies belonging to Defendants by issuing unauthorized checks, and conspiring with other parties a...

Excerpt: ...ents, including cerebral palsy, and behavioral disorders, requiring continual supportive services at school, occupational therapy and physical therapy. Minor has reached a settlement with Dr. Robert Heidersbach and Dr. Vivienne Newman in the amount of $1,250,000.00. $101,206.12 in medical expenses were paid by Medi-Cal, and through attorney negotiations, that lien was reduced to $54,909.51. The proceeds shall be used to pay for these outstanding ...

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: ...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: ...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: ...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...

Excerpt: ...by Defendant NTFVA, LLC. Claimant Richard Hyppa ("Claimant") represented Defendants in this action for fourteen months. Caravalho made promises on behalf of himself and NTFVA, LLC to pay Claimant for the representation, and signed a fee agreement on behalf of himself and on behalf of NTFVA, LLC. In the meantime, on August 2, 2016, Roberta Beoris ("Beoris") amended her Third Amended Complaint in her own suit against Defendants in Beoris v. Caraval...

Excerpt: ...e to the subpoenas no later than July 23, 2019. IT IS FURTHER ORDERED THAT Wells Fargo Bank produce a person-most-knowledgeable to testify to the topics in Plaintiffs' subpoena to Wells Fargo Bank on a mutually agreeable date no later than July 31, 2019. Plaintiffs brought this action based upon an unsuccessful short sale attempt of a duplex in Berkeley, California between October 2013 and February 2015, which was owned by Mark and Nina Harris (c...

Excerpt: ...STANDARD OF LAW "The court may, upon a motion . . . or at any time in its discretion, and upon terms it deems proper: (a) [s]trike out any irrelevant, false, or improper matter inserted in any pleading[;] . . . [and/or] (b) [s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." (CCP § 436.) An "irrelevant matter," or "immaterial allegation," means: (1) a...

Excerpt: ...indings: (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).) "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 rais...

Excerpt: ... social media. The fee for mayoral candidates is $1,000, which includes the cost for assessing publication of a candidate's qualification statement in the voter information pamphlet. Plaintiff paid a $50 deposit to the Oakland City Clerk, e-mailed his Qualification Statement on August 7, 2018, and on August 10, 2018, paid the remaining $950 fee and gave the City Clerk a printed copy of the Qualification Statement. The City Clerk informed Plaintif...

Excerpt: ...of LBE was making her uncomfortable at work by looking at her breasts and making comments about her. Plaintiff contends that LBE retaliated against her for making a complaint, informing an investigator hired by LBE of her fear of retaliation and reporting to the investigator that, because of her complaints, other employees were calling her "that fucking bitch" and saying the company should "[t]hrow her out." Plaintiff claims that LBE created a pr...

Excerpt: ...nsortium. Plaintiffs seek an order quashing the business records subpoena that Defendants served on Bank of America, N.A. on March 12, 2019, which seeks any and all bank account records of Decedent from 5/12/2012 to the present. (Declaration of Daniel L. Osier ["Osier Dec."], Ex. A.) Plaintiffs argue that the subpoena is overbroad as to time and scope, and violates constitutionally protected privacy rights with respect to personal financial infor...

Excerpt: ...0.300(d).) Sanctions in the amount of $640.00 is payable by Johns to Plaintiffs. This action arises from a May 12, 2017 car accident between decedent Srouey Khin ("Decedent") and a Temsa charter bus owned and operated by Defendants. The bus driver, Johns, pled guilty to vehicular manslaughter. Plaintiffs are decedent's wife and four children, and commenced this action for wrongful death and loss of consortium. On June 1, 2018, Plaintiffs served J...

Excerpt: ... amount of $1,000 for rental assistance for Plaintiff. (Declaration of Gia Austin-Carroll ("Austin Dec."), Ex. 1 at p. 6.) Plaintiff asserts that it is undisputed that the $1,000 was paid by the American Red Cross, and that Ms. Smith acknowledged receipt of the $1,000, and she later confirmed that the full $1,500 security deposit was paid. Plaintiff asserts that her tenancy terminated in October 4, 2016. Defendant Dellesia Onifade's ("Defendant")...

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: ...tore's ("Plaintiff") February 13, 2019 FAC states that he is the leaseholder of a unit at a commercial property in Oakland (the "Property"), and brings this action against Bay Dev, owner of the Property, and Parker, the managing member and principal owner of Bay Dev. In January 2010, Plaintiff entered into a rental agreement with the original owner of the Property for five years, with an option to renew for an additional five years on like terms ...

Excerpt: ... allegations are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and (3) state what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located. (CRC, Rule 3.1324(a).) In addition, the moving party on a motion to amend must include a separate declaration that specifies: (1) the effe...

Excerpt: ...fendant failed to provide discovery responses in violation of the Court's March 23, 2018 and June 21, 2018 Orders. DISCOVERY ORDERS On December 11, 2017, Plaintiff served three sets of form interrogatories and three sets of demands for production on: (1) Dellesia Onifade, individually; (2) Dellesia Onifade, as administrator of the estate of Jerlyn Smith; and (3) Dellesia Onifade, as trustee of the Jerlyn Smith Trust. When Defendant failed to resp...

Excerpt: ...Smith; and (3) Dellesia Onifade, as trustee of the Jerlyn Smith Trust. Plaintiff previously stipulated to an extension for Defendant's response to January 31, 2018 and then February 19, 2018. When Defendant still failed to respond, the parties participated in an informal discovery conference on March 6, 2018, and the Court ordered Defendant to respond on or before March 31, 2018. Defendant provided some discovery responses on March 30, 2018. With...

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: ...§ 664.6.) The parties in this case reached a settlement on February 19, 2018, which required that Defendants pay Plaintiff $30,000.00, consisting of an initial installments to Plaintiff and Plaintiff's counsel, Parviz Darabi, totaling $7,500 on or before May 5, 2018, and then $2,500 total installments a month for the following nine (9) months beginning June 5, 2018. Untimely payments incurred a $150 late fee. If Defendants failed to make any of ...

Excerpt: ...the County of San Joaquin ("SJHA"). Plaintiff also seeks a protective order, and for expenses and sanctions in the sum of $4,110. STANDARD OF LAW "[T]he court, upon motion reasonably made by [a party] . . . may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders." (CCP § 1987.1(a).) "In addition, the court may make any o...

Excerpt: ...such action or proceeding, stay the action or proceeding until an arbitration is had in accordance with the order to arbitrate[.]") Plaintiffs Greg Harper and Barbara Horsting's (collectively, "Plaintiffs") verified Complaint against Defendant for breach of contract was filed on February 6, 2019. Plaintiffs allege that Defendant failed to maintain its sewage drain system in violation of a 1994 lease to rent a studio at the cooperative. As a resul...

Excerpt: ...es of action. Due to a continuance and judicial reassignment, this demurrer was not heard until April 2, 2019, and was taken under submission. On April 11, 2019, the Court issued an order sustaining without leave to amend the Demurrer as to the First through Fourth Causes of Action, and sustained with leave to amend the Demurrer as to the Fifth through Eighth Causes of Action. At issue here is the First Cause of Action for accounting. In the Apri...

Excerpt: ...vailing party" includes "the party with a net monetary recovery." (CCP § 1032(a).) "If any party recovers other than monetary relief and in situations other than as specified, the 'prevailing party' shall be as determined by the court, and under those circumstances, the court, in its discretion, may allow costs or not and, if allowed, may apportion costs between the parties . . ." (Id.) A plaintiff that prevails under the Song-Beverly Consumer W...

Excerpt: ...Cal. R. Ct., Rules 3.1110(a), 3.1112(a)-(b), 3.1113(b).) "The court may construe the absence of a memorandum as an admission that the motion . . . is not meritorious and cause for its denial[.]" (Cal. R. Ct., Rule 3.1113(a).) As a threshold issue, Defendant has failed to comply with the procedural requirements for the Motion and on that basis, the Court DENIES Defendant's Motion. STANDARD OF LAW Defendant's Motion is essentially a motion to remov...

Excerpt: ...RD OF LAW "[T]he court, upon motion reasonably made by [a party] . . . may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders." (CCP § 1987.1(a).) "In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the...

Excerpt: ...LLC, and Fairmont Hotel Management Company's ("Claremont Defendants") Demurrer to Plaintiff Jane Doe's ("Plaintiff") First Amended Complaint ("FAC") is SUSTAINED WITH LEAVE TO AMEND IN PART AND OVERRULED IN PART. Plaintiff shall file an amended complaint no later than July 2, 2019. Plaintiff brought this action against Defendants based on an incident in which she claims that Defendant Janvier Bubanje ("Bubanje") blindfolded her and touched her in...

Excerpt: ...d required by the CJ complies with Health & Safety Code sections 25249.6 and 25249.10(c); (B) the warning required by the CJ is clear and reasonable in compliance with Health & Safety Code section 25249.6; (C) the reimbursement of $11,000 for fees and costs to be paid to Plaintiff's outside counsel and $21,356.50 (including $10,000 to be paid to reimburse Moore Law Firm, P.C.) for fees and costs to be paid to Plaintiff for its in-house legal expe...

Excerpt: ...foreclosure because Plaintiff is allegedly not in default of its obligations secured by the underlying deed of trust. FACTUAL BACKGROUND Plaintiff purchased the Property on December 9, 1988, with the intent to subdivided it and develop nine single family homes (the "Project"). Plaintiff obtained a construction and development loan from Bay Bank in the amount of $1,837,500. In January 2004, Plaintiff refinanced the loan ("Bank Loan") with Valley C...

Excerpt: ...the County of San Joaquin ("SJHA"). Plaintiff also seeks a protective order, and for expenses and sanctions in the sum of $4,110. STANDARD OF LAW "[T]he court, upon motion reasonably made by [a party] . . . may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders." (CCP § 1987.1(a).) "In addition, the court may make any o...

Excerpt: ...-Complainant shall file and serve a reply brief no later than June 25, 2019. Cross-Complainant alleges that counsel for Cross-Defendant Melva Fonteno ("Cross- Defendant"), Gia Austin Carroll, obstructed two deposition subpoenas issued by the Court on December 18 and 26, 2017, by writing to the subpoenaed parties in letters dated January 9, 2018, instructing them not to obey the subpoenas. Cross- Complainant seeks an order to show cause why Cross-...

Excerpt: ...-Complainant shall file and serve a reply brief no later than June 25, 2019. Cross-Complainant alleges that counsel for Cross-Defendant Melva Fonteno ("Cross- Defendant"), Gia Austin Carroll, obstructed two deposition subpoenas issued by the Court on December 18 and 26, 2017, by writing to the subpoenaed parties in letters dated January 9, 2018, instructing them not to obey the subpoenas. Cross- Complainant seeks an order to show cause why Cross-...

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: ... amount of $1,000 for rental assistance for Plaintiff. (Declaration of Gia Austin-Carroll ("Austin Dec."), Ex. 1 at p. 6.) Plaintiff asserts that it is undisputed that the $1,000 was paid by the American Red Cross, and that Ms. Smith acknowledged receipt of the $1,000, and she later confirmed that the full $1,500 security deposit was paid. Plaintiff asserts that her tenancy terminated in October 4, 2016. Defendant Dellesia Onifade's ("Defendant")...

Excerpt: ...fendant failed to provide discovery responses in violation of the Court's March 23, 2018 and June 21, 2018 Orders. DISCOVERY ORDERS On December 11, 2017, Plaintiff served three sets of form interrogatories and three sets of demands for production on: (1) Dellesia Onifade, individually; (2) Dellesia Onifade, as administrator of the estate of Jerlyn Smith; and (3) Dellesia Onifade, as trustee of the Jerlyn Smith Trust. When Defendant failed to resp...

Excerpt: ... ORDERED THAT sanctions in the amount of $2,800.00 is payable by Defendant to Plaintiff. (CCP §§ 2023.010(d), 2023.030 [authorizing monetary sanctions against a party for failing to respond to discovery].) REQUEST FOR PRODUCTION Plaintiff served a Request for Identification and Production of Documents on July 31, 2018 (the "Request"). After several extensions were granted by Plaintiff, Defendant served responses to the Request on October 5, 201...

Excerpt: ...Smith; and (3) Dellesia Onifade, as trustee of the Jerlyn Smith Trust. Plaintiff previously stipulated to an extension for Defendant's response to January 31, 2018 and then February 19, 2018. When Defendant still failed to respond, the parties participated in an informal discovery conference on March 6, 2018, and the Court ordered Defendant to respond on or before March 31, 2018. Defendant provided some discovery responses on March 30, 2018. With...

Excerpt: .... 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 general rule in testing a pleading against a demurrer the facts alleged in the pl...

Excerpt: ...aint on November 5, 2018, along with an Amendment to Complaint on November 21, 2018, and a Miscellaneous Addendum to First Amended Complaint on November 27, 2018. A Miscellaneous Second Addendum to First Amended Complaint was filed on December 31, 2018, in which Plaintiff attempted to add sixteen additional causes of action. As part of its ruling on Defendants' demurrer to the First Amended Complaint, the Court ordered the Miscellaneous Second Ad...

Excerpt: ...pliance with Health & Safety Code section 25249.6; (C) the reimbursement of $16,000 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 $1,500 to be paid pursuant to the CJ is reasonable based on the criteria set forth in Health & Safety Code section 25249.7(b)(2). The CJ requires that beginning on the date the Consent Judgment was signed by both parties, any Cov...

Excerpt: ...e action." (CCP sec. 428.50(c); see also CCP sec. 428.10 [setting forth the types of causes of action that can be asserted in a cross-complain].) Here, the interests of justice do not support allowing Defendant to file a cross- complaint at this time. Defendant seeks to add third parties to the action as cross- defendants. (See Exh. A to Tong Dec.) "A greater showing of 'interest of justice' is required to obtain leave to file a cross-complaint a...

Excerpt: ...rt, Case No. RG18933394, be consolidated with Golden State Lumber, Inc. v. Burns, et al., Alameda County Superior Court, Case No. RG18921206 for all purposes. IT IS FURTHER ORDERED THAT all future filings shall be in this action, Golden State Lumber, Inc. v. Burns, et al., Alameda County Superior Court, Case No. RG18921206. "When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial...

Excerpt: ... arises from a dispute between Plaintiff against his landlords, Defendants Khaled Saeed and Leitaled Saeed (collectively, "Defendants"), concerning a fire that occurred on the property where he resides, located in Oakland, California (the "Property") on January 26, 2017. (Compl. ¶¶ 1-2, 13.) Plaintiff seeks an order compelling Defendant Khaled Saeed and his insurance carrier, State Farm, to produce certain unredacted documents identified on the...

Excerpt: ...g is pending, shall, upon motion of a party to such action or proceeding, stay the action or proceeding until an arbitration is had in accordance with the order to arbitrate[.]") STANDARD OF LAW "On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitra...

Excerpt: ...r the Song-Beverly Consumer Warranty Act ("Song-Beverly Act"), "[a]ny buyer of consumer goods who is damaged by a failure to comply with any obligation under this chapter or under an implied or express warranty or service contract may bring an action for the recovery of damages and other legal and equitable relief." (Civ. Code sec. 1794(a).) "If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover...