Excerpt: ...as to all causes of action except Breach of Warranty of Habitability and Wrongful Eviction, is ruled upon as follows: The motion for judgment on the pleadings on the First Cause of Action for Breach of Covenant of Quiet Enjoyment is DENIED. In their First Amended Cross-Complaint, Tenants allege that Bay Co. interfered with their tenancy in various ways, and eventually forced them to vacate the premises. This is the basis for the First Cause of Ac...

Excerpt: ...n award of attorney fees and costs that are not related to the anti-SLAPP motion. (569 East County Boulevard LLC v. Backcountry Against the Dump, Inc. (2016) 6 Cal.App.5th 426, 433.) Defendant is also entitled to recover statutory costs as the prevailing party in this action. (Code Civ. Proc., sec. 1032(a)(4), (b).) There is no dispute that Defendant is entitled to recover statutory costs of $538.50 incurred in this action and statutory costs of ...

Excerpt: ...errogatory No. 17.1, to produce responsive documents, and for an award of monetary sanctions, is ruled upon as follows: Plaintiff concedes that it has not provided supplemental responses to Requests for Admission, Set Two, Nos. 163B-188, and corresponding Form Interrogatory No. 17.1. These requests relate to EPDM. Plaintiff asserts that it anticipates that responses to the Requests for Admission and Form Interrogatory No. 17.1 will be provided by...

Excerpt: ...ed. Plaintiff HealthFlex Home Health Services ("Plaintiff") alleges that Defendant falsely advertises that it is accredited by the ACHC, when in fact its accreditation has been terminated for failure to meet Medicare requirements. Plaintiff alleges that Defendant has gained an unfair competitive advantage by failing to hire a Director of Patient Care Services, in order to lower its expenses, which has resulted in risk to patients from the lack of...

Excerpt: ...its pleadings once without leave of the court. Plaintiffs previously amended their pleadings once without leave of court, so leave to amend was required before the Second Amended Complaint was filed. (Hedwall v. PCMV, LLC (2018) 22 Cal.App.5th 564, 574.). However, the court has considered the new allegations in the proposed Second Amended Complaint in determining whether leave to amend should be granted. The demurrer to the First Cause of Action ...

Excerpt: ...n Everywhere SF Bay Area, and Wayne Hsiung, filed opposition to the Ex Parte Application for Temporary Restraining Order. On October 4, 2019, the court granted a Temporary Restraining Order ("TRO") enjoining Defendants Direct Action Everywhere , Direct Action Everywhere SF Bay Area, and Wayne Hsiung, their officers, directors, employee, agents, and all those acting in concert with them from entering any Whole Foods Market store in California and/...

Excerpt: ...cedure section 512.060(a)(1). Plaintiff asserts that Defendant Azure Sky Dufaux defaulted on the agreement to pay attorney's fees, and this is not disputed. Plaintiff has attached the guaranty executed by AGLLC, in which it agreed to guarantee the obligations of Defendant Azure Sky Dufaux under the attorney representation agreement. Plaintiff has attached documents establishing AGLLC's ownership of the vehicles and Plaintiff's UCC-1 liens on each...

Excerpt: ...ion provided to Plaintiff by Defendant. Plaintiff alleges that an order of restitution in the amount of $3,052,148.40 was entered against her in the underlying criminal proceeding. Plaintiff alleges that the order of restitution resulted from professional negligence, fraud, breach of fiduciary duty, and breach of contract committed by Defendant during his representation of her. In support of his demurrer, Defendant provides court records from the...

Excerpt: ... salary from November 20, 2017 to December 31, 2017. Plaintiff alleges that Defendant stopped paying her salary without explanation on December 31, 2017, and did not pay her from January 1, 2018, until she was terminated on May 16, 2018. Count I appears to be a claim for breach of contract, but Plaintiff has not clearly alleged the source and terms of any agreement by Defendant to pay a salary to employees during periods of indefinite paid admini...