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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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 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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ... 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: ...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: ...§ 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: ... 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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: .... 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: ...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...