Excerpt: ...No. HF12626309 on September 23, 2013. However, the Court also concluded that the Estate's breach "does not support Plaintiff's claimed entitlement to the 'true assessed value of her community property interest in the real property and business.'" (Aug. 10, 2019 Statement of Decision at p. 7.) "Thus, the damages owed by the Estate for the breach of contract found here are simply contract damages allowed by law." (Id.) "At any time after notice of ...

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: ...)(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 affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . ...

Excerpt: ...d Ali (collectively, "Defendants") based upon the failed short sale of real property located in Berkeley, California (the "Property"), wherein Plaintiffs entered into an agreement to purchase the Property and allege that Defendants mishandled the lender approval process for the short sale. Plaintiffs allege claims for breach of fiduciary duty, professional negligence and negligent misrepresentation. Plaintiffs and Defendants entered into a settle...

Excerpt: ...n 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 general rule in testing a pleading against a d...

Excerpt: ... (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 general rule in testing a pleading ag...

Excerpt: ...plications 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 claim that they have since identified defects in the claims in th...

Excerpt: ...putes some of the facts in the Complaint but asserts no affirmative defenses. After Defendant failed to respond to Plaintiff's Requests for Admissions, the Court entered an order deeming the admissions admitted on March 14, 2019. 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 plaintiff," and "the complaint states facts sufficient to constitute a cause o...

Excerpt: ...the page limit in their Motion for Judgment on the Pleadings, and now by violating California Rule of Court, Rule 2.104 with respect to the font size by using size 9.5 to 10.5 font instead of size 12 point font. Though they blame their printers, they are required to ensure compliance with the Rules of Court. If there are any further papers in this action and Erchinger Defendants continue to violate the Rules of Court, the Court shall consider san...

Excerpt: ...filing an opposition to Defendant's Demurrer, without leave of Court or stipulation between the parties. Thus, the November 4, 2019 First Amended Complaint is hereby STRICKEN. 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 disclo...

Excerpt: ...ontinuance only on an affirmative showing of good cause requiring the continuance." (Cal. Rules of Court, Rule 3.1332(c).) Circumstances that may indicate good cause include the unavailability of a party, witness, or trial counsel because of death, illness, or other excusable circumstances, substitution of trial counsel, addition of a new party under certain circumstances, a party's excused inability to obtain essential testimony, documents, or o...

Excerpt: .... 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 general rule in testing a pleading against a demu...

Excerpt: .... 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 general rule in testing a pleading against a demu...

Excerpt: ...ation Building, 1221 Oak Street, Oakland in light of power outage preventing all parties from obtaining timely tentative ruling. The court's tentative ruling is as follows: Cross-Defendant American Security Insurance Company's ("ASIC") Demurrer to the Fourth Amended Cross-Complaint of Defendant John Clifton Elstead ("Elstead") is SUSTAINED WITH LEAVE TO AMEND IN PART AND OVERRULED IN PART. Elstead shall file an amended cross-complaint within 30 d...

Excerpt: ...istributes and imports Chrysler, Dodge and Jeep vehicles in California. Plaintiff alleged that the vehicle had a 3-year/36,000-mile basic warranty, and a 5- year/100,000-mile powertrain warranty. Plaintiff alleges that also purchased a Mopar Vehicle Protection Warranty from FCS that provided for a rental vehicle if warranted repairs "take overnight." Plaintiff alleges that the vehicle also came with an implied warranty of merchantability. Plainti...

Excerpt: ... the required discovery responses and documents by November 22, 2019, or the responses are incomplete or otherwise defective, the court will impose evidentiary sanctions, the scope of which will be determined at a compliance hearing on December 13, 2019 at 9:00 a.m. in Department 18. At which time the court also consider the plaintiff's request for monetary sanctions. The trial and pretrial dates will be continued to March 30 2020 and March 10, 2...

Excerpt: ...via Bank, N.A. as Trustee (Bayview) ("Wachovia") and Cross-Defendant JPMorgan Chase Bank, N.A.'s ("Chase") (collectively, "Cross-Defendants") Demurrer to the Fourth Amended Cross- Complaint of Defendant John Clifton Elstead ("Elstead") is SUSTAINED WITH LEAVE TO AMEND IN PART AND OVERRULED IN PART. Elstead shall file an amended cross- complaint within 30 days of this Order. Cross-Defendants' Motion to Strike Portions of the Fourth Amended Cross C...

Excerpt: ... or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the 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 w...

Excerpt: ...ny previous 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 properly pleaded factual allegations, facts that reasonably can be inferred from those...

Excerpt: ...n fact, shortly after this motion was filed, the Court rejected Plaintiff's request to have a default judgment entered against Defendant Lapham. (See Court Order of 10/4/2019.) However, Defendant Lapham is and remains in default. Should Defendant Lapham wish to set aside the default entered against him, he will need to cite to appropriate authority (generally, but not always, Code of Civil Procedure section 473(b)), present arguments clearly appl...

Excerpt: ...s has provided no declarations accompanying his motion at all. While Defendant has labeled certain sections of his moving papers as "declarations," none of these are under oath, and, in fact, no statement made anywhere in the moving papers is under oath. (Defendant's moving papers do make several references to "Declaration of Bryan Michaels at [Paragraph] 3," but the Court was not able locate any filed declaration under oath, much less a declarat...

Excerpt: ...ear and reasonable in compliance with Health & Safety Code section 25249.6; (C) the reimbursement of $9,395.99 for fees and costs to be paid to Plaintiff for its in-house legal fees pursuant to the CJ is reasonable under California law; and (D) the civil penalty of $47,268.00 to be paid pursuant to the CJ is reasonable based on the criteria set forth in Health & Safety Code section 25249.7(b)(2); (E) the reimbursement to Plaintiff of $4,134.95 fo...

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: ...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 affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there ...

Excerpt: ...r 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 affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . , or that one or more defen...

Excerpt: ...ns 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 general rule in te...

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...