Excerpt: ...is apartment, which he did that same day. (See Third Amended Complaint, paragraphs 10-11.) Plaintiff's Third Cause of Action alleges a violation of Oakland Municipal Code § 8.22.360(A). That section provides that a landlord may not recover possession of a rental unit in Oakland unless the landlord is able to establish one of a number of specified conditions. One such condition, and the one that is relevant here, is if the landlord seeks to make ...

Excerpt: ...ncluding claims for discrimination and harassment. The causes of action that Plaintiff asserts in this action (for discrimination and harassment based on race and for intentional and negligent infliction of emotional distress) all relate to his employment and are subject to the agreement. To the extent that Plaintiff opposes this motion pursuant to Code of Civil Procedure § 1281.2(c) because he has also asserted claims against Defendants CEVA Lo...

Excerpt: ... inter alia, his employment, client assignments, and/or termination, including claims for discrimination and harassment. The causes of action Plaintiff asserts in this action (for discrimination and harassment based on race and for intentional and negligent infliction of emotional distress) all relate to his employment and are subject to the agreement. CEVA and Tesla are not signatories to Plaintiff's arbitration agreement with Randstad. However,...

Excerpt: ...s not relevant to this case.) As the first step of that process, the employee must attempt to resolve any dispute on an informal basis through Fidelity's "management channels". If that effort fails, any disputes must be submitted for non-binding mediation conducted and administered by the American Arbitration Association ("AAA") under its Employment Mediation Rules. If the dispute is not resolved by mediation, either party may submit the demand f...

Excerpt: ...int, paragraphs 8-9.) Plaintiff alleges that the Preliminary Title Report failed to disclose that there was a lien on the subject property, and as a result Plaintiff's attempt to subsequently resell the subject property to an unidentified buyer fell through. (See First Amended Complaint, paragraph 11.) Although Plaintiff was eventually able to resell the subject property to a different buyer, the sale price was less that Plaintiff would have obta...

Excerpt: ...er abuse (by either neglect or abandonment), or that any of these individuals engaged in any conduct that caused decedent Eugenie VanMiller's death. The demurrer by SLHC to the First Cause of Action for Elder Abuse is SUSTAINED, WITHOUT LEAVE TO AMEND. An elder abuse claim is a statutory cause of action and it must be pled with particularity. (See Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396, 410.) Plaintiff has attem...

Excerpt: ... 22, 2015. (See Second Amended Complaint, paragraphs 24-25 and 44.) RG alleges that it was to be paid a 2% transaction fee for those services. (See Second Amended Complaint, paragraph 27.) RG has been unable to locate the investment advisor agreement that it allegedly entered with Defendant, and it has attached as Exhibit A to its Second Amended Complaint "the form of agreement" that it purportedly entered with Defendant. (See Second Amended Comp...

Excerpt: ...ong Kun Choe ("Choe") for damages suffered as a result of a fire starting on the roof of the church building in which Plaintiffs lived. In one of the four consolidated cases, RG19-036589, Choe sued Tae Son Lee ("Lee"), the CEO and President of BRS and WRC, for equitable indemnity, defamation, fraud, and intentional infliction of emotional distress. In his First Cause of Action for Equitable Indemnity, Choe alleges that he had no role in performin...

Excerpt: ...rrently occupy the premises. (See, generally, Defendants' Separate Statement Facts Nos. 1-8 and the evidence cited in support. Although Plaintiff purports to dispute some of those facts, she cites no evidence supporting any actual dispute.) Plaintiff contends that she wants to move her father into one of the two units in the duplex, and continue renting the other unit. Her Complaint alleges a single cause of action, for declaratory relief. In her...

Excerpt: ...n that Plaintiff had filed on July 21, 2016. The statute of limitations on a plaintiff's claims begins to run when the plaintiff learns, or should have learned, facts essential to her claim. (See Fox v. Ethicon Endo-Surgery Inc. (2005) 35 Cal.4th 797, 807.) Whether the plaintiff has exercised reasonable diligence in discovering her claims against the defendant is a question for the trier of fact. (See Leaf v. City of San Mateo (1980) 104 Cal.App....

Excerpt: ...m of $128,217.77 that Plaintiff contends rightfully belongs to himself, and not to Commonwealth, and (2) for declaration of the rights and duties of the parties regarding that sum. If successful, therefore, this action would result in the payment to Plaintiff of that sum from the unidentified escrow firm that was holding that sum at the time this action was filed. Defendant argues that this action is barred by failure to comply with the claims pr...

Excerpt: ...pplication on October 22, 2019. (See Second Amended Complaint, paragraphs 24-25.) The documents attached as Exhibit G to the Second Amended Complaint could be interpreted as supporting Plaintiff's allegations, because they include a fax over sheet dated October 16, 2019, and another fax cover sheet dated October 22, 2019 that indicates "I am resending". What documents Plaintiff submitted to Bayview, when she sent them, and whether the documents t...

Excerpt: ... for relief. Hyppa has now filed yet another motion again seeking judgment on the pleadings as to the fourth prayer for relief, i.e., seeking a declaration that Beoris never assumed the liabilities of Anthony Caravalho or the NTFVA LLC concerning Hyppa's retainer agreement. First, the Court determines that this motion for judgment on the pleadings is an improper motion for reconsideration of the Court's prior March 12, 2020 order, unsupported by ...

Excerpt: ... controlled the manner and means of his work such that Defendants can be liable as his employer or joint employer. Third Amended Complaint paragraphs 14 and 52 are overly conclusory and insufficient. The Demurrer to the Sixth Cause of Action for Intentional Infliction of Emotional Distress is OVERRULED. Plaintiff alleges that Defendants arranged for his termination under false pretenses in retaliation for his complaints about their fraudulent Med...

Excerpt: ...e Second Amended Complaint appears to be inconsistent; compare paragraphs 10 and 21.) Plaintiffs allege that they vacated their apartment either because of damage from the fire or because they were told to do so by Defendant Tony Rishell. (Again, the Second Amended Complaint is inconsistent; compare paragraphs 10, 21, and 54, which alleges that the fire rendered Plaintiffs' apartment uninhabitable.) Plaintiffs' Third Cause of Action attempts to a...

Excerpt: ... title on a parcel of real property that Plaintiff purchased from an unidentified third party. Plaintiff alleges that Defendant failed to disclose that there was a lien on the subject property, and as a result Plaintiff's attempt to subsequently resell the subject property to an unidentified buyer fell through. Although Plaintiff was eventually able to resell the subject property to a different buyer, the sale price was less that Plaintiff would ...

Excerpt: ...es Barbeque when Plaintiff filed this case, based on their filings with the California Secretary of State which Plaintiff could have discovered had she conducted an inquiry, and (2) they will suffer "specific prejudice" if the Doe Amendment is not quashed, based on the former trial date of May 11, 2020 which has now been vacated. As to Jernegans' first argument, a Doe Amendment is proper if the plaintiff is actually ignorant of the Doe defendant'...

Excerpt: ...tion as to this same claim unless AHS can establish newly discovered facts or circumstances or a change in law supporting its argument. (See Code of Civil Procedure § 437c(f)(2).) AHS fails to do so. AHS's only proffered evidence that Plaintiff is not paid less than his similarly situated coworkers of a different race is the declarations of AHS employees Lisa Marie May and Carlos Martinez. (See AHS's Separate Statement of Facts ("SSF") Nos. 4-7....

Excerpt: ...AHS's HR "Business Partner" Joan Davis admonished JA that he needed to act professionally, and no further such incidents occurred. (See JA's Separate Statement of Facts ("SSF") Nos. 1-9 and the evidence cited in support.) In order to prevail on a claim for sexual harassment, Plaintiff must demonstrate that he was subjected to unwelcome sexual advances, conduct, or comments that were made or committed "because of sex" and sufficiently severe and p...

Excerpt: ...426.50.) The burden is on the party opposing the motion to demonstrate that the party seeking leave to file the compulsory cross-complaint has acted in bad faith; late filing of the motion is an insufficient basis on which to deny the motion. (See Silver Orgs. Ltd. v. Frank (1990) 217 Cal.App.3d 94, 98-101.) Here, Liberty has demonstrated some "other cause" for failure to file its proposed cross-complaint against Plaintiff Boscacci Inc. dba Amp E...

Excerpt: ...ms, of his injuries. Therefore, Plaintiff's claim against Piedmont Gardens is subject to Code of Civil Procedure § 425.13. (See Davis v. Superior Court (1994) 27 Cal.App.4th 623, 629.) Plaintiff's failure to comply with § 425.13 bars his claim for punitive damages. The Court observes that it already struck Plaintiff's claim for punitive damages from his Second Amended Complaint, without leave to amend, on November 18, 2019. Paragraph 14(a)(2) o...

Excerpt: ...ion 685.070(b). Second, none of the costs claimed in the cost memorandum are the types of recoverable costs specified in Code of Civil Procedure section 685.070(a). The Court observes that the $199.50 amount of costs sought in the cost memorandum was dwarfed by the amount of fees both counsel presumably incurred arguing over the validity of the $199.50 cost request. Parties must notify opposing counsel and email the Court at [email protected]...

Excerpt: ...rneys' fees only where the action confers a significant benefit on the general public or a large class of persons. Here, Plaintiff is suing to recover monetary damages for injuries she suffered when her foot slipped between the BART platform and a train. If successful, this action would benefit Plaintiff only; it would not confer any benefit on the general public or a large class of persons. Plaintiff's request for sanctions for opposing this mot...

Excerpt: ...s of Action are based on a garage that Defendants allegedly maintain over a portion of the parties' shared easement, which Plaintiffs allege impedes their use of the easement. Those facts, if true, support Plaintiffs' Second, Third, Fourth, and Seventh Causes of Action. There are no facts pled in the First Amended Complaint, and no facts appearing in the documents for which Defendants request judicial notice, establishing that Defendant Kumiko Uy...

Excerpt: ... opposing counsel and email the Court at [email protected] no later than 48 hours prior to the hearing date informing the Court if they will contest the Court's tentative ruling and providing their email addresses. The subject line of the email must list the case name and number and the department number where the matter is set. Hearings on matters that are properly contested will take place via a medium the court will identify. Th...