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...

Excerpt: ...ter than the close of business on Tuesday, January 7, 2010, Plaintiffs may serve by electronic transmission Special Interrogatories, Requests for Production of Documents, and a Notice of Deposition of Lockheed's Person Most Qualified ("PMQ") (CCP § 2025.230) with respect to information and documents tending to show whether the State of California has specific personal jurisdiction over Lockheed. Lockheed shall serve by electronic transmission re...

Excerpt: ...perty") on January 26, 2017. (Compl. ¶¶ 1-2, 13.) Plaintiff seeks an order compelling Defendant Khaled Saeed and his insurance carrier, State Farm Insurance Company ("State Farm"), to produce certain unredacted documents identified on their privilege log in a letter and CD dated January 16, 2019 for an in camera inspection to determine if any privilege(s) applies. The Court had initially granted this Motion on May 23, 2019, but that Order has b...

Excerpt: ...f the facts in the Complaint and asserts seven affirmative defenses. After Defendant failed to respond to Plaintiff's Requests for Admissions, the Court entered an order deeming the admissions admitted on January 22, 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 or cause...

Excerpt: ...as subject to a five-year/100,000 mile powertrain warranty, and a later a 10-year/150,000 extended warranty. Plaintiff asserts that despite the repair attempts a steering defect persisted in his vehicle. Plaintiff alleges that Defendant knew about the defect through multiple means but concealed the steering defect, minimized the scope, cause and dangers of the defect, and refused to investigate, address and remedy the defect in the vehicles. Plai...

Excerpt: ...levant, 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) 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 o...

Excerpt: ... 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," unless the "complaint contains allegations of fact inconsistent with at...

Excerpt: ...er 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 demurrer t...

Excerpt: ...ECOND AMENDED COMPLAINT Plaintiff first filed this action on October 13, 2015. Plaintiff then moved to amend its Complaint in October 2018. After that motion was granted, Plaintiff filed the First Amended Complaint ("FAC") on December 14, 2018. On April 28, 2019, the Court sustained with leave to amend Defendants' demurrer to the Eighth through Twelfth Causes of Action in the FAC. On May 23, 2019, Plaintiff filed a Second Amended Complaint ("SAC"...

Excerpt: ...nst any of the parties who filed the complaint] except one filed [at the same time as the answer]." (CCP § 428.50(c).) "Leave may be granted in the interest of justice at any time during the course of the action." (Id.) Parker seeks leave to file a Cross-Complaint on the grounds that the Cross- Complaint arises out of the same transaction or occurrence as the Complaint. This action arises from a slip-and-fall incident that occurred on or about A...

Excerpt: ...endant 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 his or her own costs." (Michell v. Olick (1996...

Excerpt: ...a] nonparty shall petition the court for leave to intervene by noticed motion or ex parte application." (CCP § 387(c).) "The petition shall include a copy of the proposed complaint in intervention or answer in intervention and set forth the grounds upon which intervention rests." (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] ...

Excerpt: ...nonpecuniary, has been conferred on the general public or a large class of persons, (b) the necessity and financial burden of private enforcement, or of enforcement by one public entity against another public entity, are such as to make the award appropriate, and (c) such fees should not in the interest of justice be paid out of the recovery, if any." (CCP § 1021.5.) "'[V]oluntary' corrective action, induced by litigation, may properly be consid...

Excerpt: ...rike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike." (CCP § 472.) "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading[.]" (CCP § 473(a)(1).) "[T]rial courts are to liberally permit such amendm...

Excerpt: ...ose . . . sanctions against anyone engaging in conduct that is a misuse of the discovery process[.]" (CCP § 2023.030.) "Misuses of the discovery process include, but are not limited to . . . [d]isobeying a court order to provide discovery." (CCP § 2023.010(g).) "[I]f a party fails to obey an order compelling further response, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a...

Excerpt: ...h Health & Safety Code section 25249.6; (C) the reimbursement of $31,000 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 $4,000 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 no later than thirty (30) days after the Effective Date, Defendant Sur La Table, Inc. ("D...

Excerpt: ... 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) 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) ...

Excerpt: ...2019. "The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order." (CCP § 473(d).) Plaintiff Isaac Livingston's ("Plaintiff") Motion to Compel Production of Documents for an In Camera Inspection was filed on April 26, ...

Excerpt: ...nse, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction[.]" (CCP § 2031.310(i).) "In lieu of, or in addition to, that sanction, the court may impose a monetary sanction[.]" (Id.) "The court may impose a terminating sanction by . . . [a]n order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process ...

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: ...cation 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 defendants either owe...

Excerpt: ...ries by unknown third parties due to their failure to control the crowd and ensure security of guests at the event, inadequate staffing, lack of competently trained staff, and sub-standard security. (FAC ¶¶ 20-23.) Plaintiffs seeks summary adjudication against sixteen affirmative defenses asserted by AEG: Second Affirmative Defense (Third Party Liability); Third Affirmative Defense (Statute of Limitations); Fourth Affirmative Defense (Fault of ...

Excerpt: ...claim, Plaintiffs seek discovery related to the vehicle, Defendant's warranty and related policies, and Defendant's analysis and investigation of defects similar to those alleged in regards to the vehicle Plaintiffs purchased. (See Memo. Sup. Mtn., pp. 1-2.) Plaintiffs' present motion asserts Defendant has failed to comply with this Court's orders related to IDCs, particularly an IDC Order of May 29, 2019. (See id. at pp. 3-4.) Defendant does not...

Excerpt: ...ed in this action as counsel for another general partner, Peter Andersen. Plaintiff did not establish "a substantial risk" of concurrent or successive representation of clients with conflicting interests. (Sharp v. Next Entertainment, Inc. (2008) 163 Cal.App.4th 410, 425-429; see also Coldren v. Hart, King & Coldren, Inc. (2015) 239 Cal.App.4th 237, 250.) Accordingly, Plaintiff did not show that this motion amounts to anything more than improper ...

Excerpt: ... has the burden to prove that all jurisdictional criteria are met. (See Yavapai-Apache Nation v. Lipay Nation of Santa Ysabel (2011) 201 Cal.App.4th 190, 206.) Here, Moving Defendant has submitted compelling evidence that it is a sole- member LLC established under the Limited Liability Corporation Act of the Blue Lake Rancheria Tribe of California, the sole member of which is the Blue Lake Rancheria Economic Development Corporation, which is a co...

Excerpt: ... that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists," except under certain situations outlined by statute. (CCP § 1281.2.) The Court will not order arbitration of the controversy if: (a) the right to compel arbitration has been waived by the petitioner; (b) grounds exist for the revo...