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: ... 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: ...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: .... "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: ... 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: ... 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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ... 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: ...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: ...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 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: ...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: ...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: ... 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")...