Excerpt: ...ion as to one of the two units in the duplex, and (2) that Defendants cannot maintain residence at both units of the duplex, but instead must choose one or the other. On July 2, 2020, the Court granted Defendants' motion for summary judgment. In its order, the Court determined that (1) Plaintiff had not identified any provision of the lease as to which there was any controversy over the provision's construction or validity, and (2) that Plaintiff...

Excerpt: ... being robbed and shot while making a delivery. However, Plaintiff was robbed and shot while making a delivery for Defendant Royal & Mitchell Logistics LLC dba Royal Greens ("RG"), not 3K. Plaintiff fails to allege why 3K is liable for RG's purported failure to verify RG's own customers. The demurrer to the Second Cause of Action for Negligent Infliction of Emotional Distress is SUSTAINED, WITHOUT LEAVE TO AMEND, as duplicative of the First Cause...

Excerpt: ...Three - Dangerous Condition of Public Property" in Plaintiff's Second Cause of Action for Premises Liability, the City's motion is DENIED. In ruling on a motion for summary judgment, the Court strictly scrutinizes the moving party's evidence and resolves any evidentiary doubts or ambiguities in the opposing party's favor. (See, e.g., Johnson v. American Standard Inc. (2008) 43 Cal.4th 56, 64 and Binder v. Aetna Life Ins. Co. (1999) 75 Cal.App.4th...

Excerpt: ... action adequately allege facts supporting 414LS's claims. 414LS sues Fields for breach of a Guaranty of Lease ("the Guaranty") in which Fields guaranteed the obligations of lessee Herban Industries LLC ("Herban"). The Guaranty executed by Fields guaranteed "each and every one of the terms, conditions, and covenants" to be performed by Herban under its lease with 414LS. The Guaranty further provided that terms of Herban's lease could be modified ...

Excerpt: ...red his driveway or towed his vehicle; rather, he appears to be alleging that some other individual(s) (not WE) did that. If Plaintiff believes that the person(s) who entered his driveway and towed his vehicle (e.g., Doe 1) were AHR employees acting within the course and scope of their employment, Plaintiff shall clearly allege that. As the Second Amended Complaint is currently pled, it is unclear whether Plaintiff is alleging that the actions of...

Excerpt: ...graph 10) by allowing a male individual, to whom MBB referred as her "son", to annoy Ona's other tenants by behaving in an intimidating and threatening manner. (See Second Amended Cross-Complaint, paragraph 9.) As a result of this alleged behavior, Ona claims to have incurred two types of damages which Ona seeks to recover from MBB. First, Ona seeks to recover the costs of repairing and renovating the apartments of other tenants who vacated the p...

Excerpt: ... award of attorneys' fees in this case. The Court rejects Plaintiff's argument in his opposition brief that Plaintiff could recover attorneys' fees against Defendant under the doctrine of the tort of another. The tort of another doctrine permits a plaintiff to recover attorneys' fees incurred where the tort of "another" requires the plaintiff to bring or defend an action against a "third person" to protect his interests. Here, Defendant is both t...

Excerpt: ...nt or admitted liability to Plaintiff. Second, Plaintiff must allege, if possible, that he justifiably relied on Defendant's alleged misrepresentation to his detriment. Plaintiff does not allege that Defendant made any misrepresentation to him; he alleges that she made a misrepresentation about the cause of the accident to her own insurance company. Plaintiff does not allege that he relied on Defendant's purported misrepresentation to her own ins...

Excerpt: ... is directed. The Court observes that the Complaint does not allege that Defendant Hakim Hassanpour engaged in any conduct giving rise to Plaintiffs' claims. The demurrer to the First Cause of Action for Conversion is SUSTAINED, WITH LEAVE TO AMEND to clearly identify the funds converted (including the amount), who converted them, and from whom the funds were converted. As the Complaint is currently pled, it appears that the funds at issue remain...

Excerpt: ... took off the safety sleeve and resumed work, at which point he was injured by a metal strip that scratched his wrist. Defendant's demurrer to Plaintiff's First Cause of Action for "Intentional Bodily Injury" is SUSTAINED, WITHOUT LEAVE TO AMEND. The First Cause of Action does not allege that Defendant engaged in any intentional conduct that caused Plaintiff to suffer a bodily injury. Rather, the First Cause of Action alleges that Plaintiff was i...

Excerpt: ...mposes a heightened duty of care on a common carrier, but only while passengers are in transit "and until they have safety departed the carrier's vehicle." (See McGettigan v. Bay Area Rapid Transit District (1997) 57 Cal.App.4th 1011, 1017.) Here, Plaintiffs allege that Plaintiff Alanah Alesanah was stabbed in the arm by a "disruptive" homeless man after disembarking from a BART train at the Coliseum station. BART is not liable under Civil Code �...

Excerpt: ...iff alleges that the pending nonjudicial foreclosure is improper because he repaid the secured loan "years ago", as was confirmed by a BNY executive in early 2016. (See Complaint, paragraph 31.) This case is the seventh action Plaintiff has filed since 2009 concerning title to the subject real property. The Court determines that Plaintiff's claims in this seventh action are barred by res judicata, based on the resolution of Alameda County Superio...

Excerpt: ...either of the attorney declarations purportedly authenticating those deposition transcripts was made under penalty of perjury. Therefore, neither attorney declaration complied with the requirements of Code of Civil Procedure section 2015.5, and the deposition excerpts were inadmissible. The Court does not find that the failure by Plaintiffs' counsel to prepare declarations that complied with the legal requirements of Code of Civil Procedure secti...

Excerpt: ...d up the assault, "unless prohibited by another law". Code of Civil Procedure § 340.1(b)(1) became effective January 1, 2020. Plaintiffs' claims accrued in 2013. The Court determines that Plaintiffs' request for treble damages, as against the District, is barred by Government Code § 818, as well as the presumption against retroactive application of new or revised statutes. Government Code § 818 provides that a public entity is not liable for p...

Excerpt: ...based are the six depositions indicated on page 4 of Plaintiff's opening brief, all taken between August 11 and September 22, 2020. Four of those depositions were taken prior to Plaintiff's filing of his motion for leave to amend (on September 16, 2020), and all were completed prior to the hearing of the prior motion on October 8, 2020. Plaintiff fails to provide a satisfactory explanation for why the purported new evidence could not have been pr...

Excerpt: ... of this lawsuit, the City implemented Director of Finance Ruling No. 34, which provided Plaintiff with the relief requested in its complaint. Prior to trial, the parties reached a settlement and filed a Joint Stipulation to Dismiss on April 15, 2020. The Stipulation provided that the Director of Finance Ruling No. 34 rendered this case moot, and Plaintiff would dismiss all causes of action. The Stipulation was silent as to whether Plaintiff inte...

Excerpt: ...cy to Violate and Violation of Business & Professions Code § 17200" is SUSTAINED, WITH LEAVE TO AMEND. First, Plaintiffs must clearly allege facts demonstrating what role EBR al. had in the purported conspiracy. As the Third Cause of Action is currently pled, the only allegedly unlawful actions were committed by Dr. Peter Kiersetead and Dr. Michael Huyhn. (See Second Amended Complaint, paragraphs 52-53 and 56.) Plaintiffs fail to allege how any ...

Excerpt: ...he "multiple tenants" who allegedly vacated the premises in response to threats and intimidation by MBB's "son". (See , e.g., Lewis Jorge Construction Management Inc. v. Pomona Unified School Dist. (2004) 34 Cal.4th 960, 975.) The demurrer to the Second Cause of Action for "Violation of Statutory Duty Under Civil Code section 1941.2" is SUSTAINED, WITHOUT LEAVE TO AMEND. Civil Code section 1941.2 provides that if a tenant fails to keep her leased...

Excerpt: ...tiff must allege facts demonstrating defendant's intentional acts that interfered with the plaintiff's contractual relationship, and that the defendant's acts were independently wrongful by some measure beyond the interference itself. (See Nelson v. Tucker Ellis LLP (2020) 48 Cal.App.5th 827, 839-842.) An act is independently wrongful if it is proscribed by some constitutional, regulatory, common law, or other determinable legal standard. (Id. at...

Excerpt: ...ched as Exhibit B to Elkins' Request for Judicial Notice. MyoScience has alleged two causes of action against Elkins, for (1) Disgorgement and (2) Declaratory Relief. MyoScience alleges that Elkins, who was a director of MyoScience between 2008 and 2013 (see Cross-Complaint, paragraph 8) breached a fiduciary duty owed to MyoScience by entering an Incentive Compensation Agreement ("the Agreement") with MyoScience's then CEO Clint Carnell on Januar...

Excerpt: ...es of action against the City for premises liability and general negligence. In this motion, the City argues it is not liable for Plaintiff's claim for dangerous condition of public property but does not address Plaintiff's claim for general negligence. The City first argues that Plaintiff's claim against the City is barred because it was not fairly reflected in her claim presented to the City on May 28, 2019. In her claim, Plaintiff indicated th...

Excerpt: ...e Third Amended Complaint filed October 14, 2020, alleges a single cause of action against the District and Lam, the Second Cause of Action for "Negligence of District Employees" pursuant to Government Code § 815.2 and § 820. The Court observes that Lam has not presented any arguments as to why he should not be personally liable for Howey's actions. Rather, the District and Lam make identical arguments as to why neither should be liable for How...

Excerpt: ...etaliating against an employee for, inter alia, disclosing information to a law enforcement agency or to a person with authority over the employee or authority to investigate the violation or noncompliance "if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation". Here, it is highly questionable whe...

Excerpt: ...hat a motion seeking sanctions under that statute be served at least 21 days before it is filed. Here, the proof of service for this motion indicates that it was served on October 6, 2020, and the motion was filed one day later, on October 7. In any event, the Court rejects Plaintiffs' argument that the District misstated the legal standards governing this case. School districts have a duty to protect students from foreseeable dangers, including ...

Excerpt: ...pping Association, et al. The First Amended Petition asserts two causes of action, for (1) Lack of Authority to Certify, and (2) Unconstitutional Special Statute. Petitioners' First Cause of Action for Lack of Authority to Certify alleges that the Governor was required to certify the Howard Terminal Project under AB 734 and the AB 900 Guidelines, and that to be valid the Governor's certification had to be made by December 31, 2019. AB 900 provide...