Excerpt: ... that Defendant RGIS LLC was precluded from prosecuting legal actions in federal courts and in other states) was beyond the jurisdiction of this Court to grant; and (3) Plaintiff WIS International Inc. did not show that it lost money or property as a result of Defendant's actions so as to provide standing to assert a claim under Business & Professions Code § 17200 et seq. At the first hearing of this motion on February 27, Plaintiffs' counsel in...

Excerpt: ... is now moot. Defense counsel appeared at the October 3, 2019 hearing on the motion to compel, and expressly stated that he was not contesting the tentative ruling on that discovery motion. According to his declaration, defense counsel was aware of the hearing on no later than September 30, 2019, but he had failed to timely check the Court's tentative ruling (which was issued on October 2, 2019); this conduct does not constitute excusable neglect...

Excerpt: ... Instead, Plaintiff alleges that the Gabapentin merely masked the pain and did not treat his injuries. Only after reducing his Gabapentin intake in November 2017, and subsequently being assessed by a neurologist on March 30, 2018 did Plaintiff realize the extent and cause of his injuries. Plaintiff then filed this action on September 5, 2018. Although Plaintiff has labeled his claim against Piedmont Gardens as one for "fraud", his claim is based ...

Excerpt: ...led to pay Plaintiff 3% of the net proceeds of the purchase, as required by section 3 of the Agreement. Preliminarily, the Court rejects Defendant's argument that Plaintiff's claim in this case is governed by Delaware law. The Agreement itself provides (at section 5(h)) that it is governed by the laws of the State of California. California law reflects a strong public policy of favoring enforcement of freely negotiated choice of law clauses. (See...

Excerpt: ...because members of the LLC do not have any interest in the LLC's property; (3) for a declaration that Hyppa never provided any legal services to Beoris; and (4) for a declaration that Beoris never assumed the liabilities of Anthony Caravalho or the NTFVA LLC concerning Hyppa's retainer agreement. (Some, but not all, of the terms contained in the Prayer are defined in the body of the First Amended Complaint.) Hyppa's motion is GRANTED as to Beoris...

Excerpt: ... subject real property as being located at 435 Creighton Way in Oakland. The Court therefore assumes that the reference to the property located at 135 Lichen Court in Fremont in First Amended Complaint paragraph 1 is a typographical error. Ocwen's demurrer to the First Cause of Action for Violation of Civil Code § 2924.11 is SUSTAINED, WITHOUT LEAVE TO AMEND. Plaintiffs allege that the Ocwen violated § 2924.11 by conducting a trustee's sale on ...

Excerpt: ...o pay Plaintiffs for services performed; and (3) identify the dates on which Plaintiffs performed services for Defendant for which they were not paid. In the absence of such information, the Court cannot determine whether this cause of action is timebarred, and more specifically whether the contracts were allegedly breached prior to Plaintiffs' submission of their June 11, 2019 invoice. In addition, only by reviewing those contracts can the Court...

Excerpt: ...nte $12,500, and Kante would have the right to an additional $14,209.41 through an assignment and lien on Ali's share of any proceeds recovered by Ali "from any and all claims against Mid-Century Insurance, State Farm Insurance, Kevin Dawson or any other entity or person concerning [Ali's] claims concerning or relating to" Ali's house located at 7757 Hanson Drive, Oakland. Kante subsequently filed two motions to enforce the settlement agreement i...

Excerpt: ... Defendants argue that the default judgment against them is void because, at the time Plaintiffs filed their application for default judgment on March 14, 2019, Defendants former counsel Mark Gallagher had already been suspended from the practice of law on January 18, 2019. This argument is misplaced, because by the time Mr. Gallagher had been suspended from the practice of law, the defaults of WWJ and AWB had already been entered (on December 14...

Excerpt: ...e and scope. The Court finds these objections to be valid. Though the scope of discovery is broad, ICT has not sufficiently demonstrated how this Interrogatory seeks information that may lead to the discovery of admissible evidence. The reasons for compelling a further response, set forth in the separate statement, do not include facts showing the potential relevance of each and every one of Plaintiff's customers over a fifteen year period of tim...

Excerpt: ...ants", plural, did. Plaintiffs' failure to allege what each of the moving Defendants did or differentiate between them makes her claims against each of them uncertain. Second, as to Plaintiff's First Cause of Action for Elder Abuse, Plaintiff must clearly allege facts demonstrating that the moving Defendants had the responsibility for for meeting the basic needs of decedent, and that they denied or withheld goods or services necessary to meet the...

Excerpt: ...nnot be completed while the unit is occupied, if the landlord has obtained all necessary permits prior to giving the tenants notice to vacate and thereafter makes the repairs without unnecessary delay. Plaintiffs fail to allege facts implicating § 8.22.260(a)(10). They did not vacate their apartment as a result of a notice to vacate after Defendants had obtained permits to make repairs. Rather, they vacated their apartment as a result of a fire....

Excerpt: ... September 6, 2016, and that during that transportation he was not certain whether the pain he was experiencing was caused by Falck's manner of transportation or by his injuries from his prior car accident. But this is not a "new" fact, because Plaintiff has been aware of his automobile accident since August 24, 2016. Plaintiff could have - but did not - clarify his understanding of the injuries he suffered, and when learned of them, in his origi...

Excerpt: ...the mandatory provision of Code of Civil Procedure section 473(b) based on her attorneys' affidavit of fault. That provision of section 473(b) applies only to defaults, default judgments, and dismissals (i.e., "the withdrawal of an application for judicial relief by the party seeking such relief, or the removal of the application by the court.") (See Las Vegas Land & Development Co. LLC v. Wilkie Way LLC (2013) 219 Cal.App.4th 1086, 1091.) Here, ...

Excerpt: ....5th 198, 209-210.) Plaintiff Performance Max Inc. ("PMI") fails to do so here. Personal jurisdiction may be either general or specific. (See ViaView, supra, 1 Cal.App.5th at 209.) A nonresident is subject to general jurisdiction in the forum if its contacts in the forum are substantial, continuous, and systemic. (Id.) The Amended Declaration of Tae Yoo submitted with PIQ's initial reply papers demonstrates that PIQ does not have substantial, con...

Excerpt: ...njamin Fang) is largely inadmissible. Mr. Fang demonstrates no personal knowledge of Plaintiff's transaction with Tesla and cannot competently testify that Plaintiff signed (electronically or otherwise) the arbitration agreement attached to Plaintiff's First Amended Complaint. Instead, Mr. Fang testifies about what Plaintiff "would have been asked to sign", and concludes that because what is purportedly Plaintiff's signature appears in some blank...

Excerpt: ...er, the "complete loan modification" attached as Exhibit G to the First Amended Complaint contains documents dated October 22, 2019, only two days prior to the trustee's sale. (See, e.g., page 7 of Exhibit G.) Civil Code § 2923.6 does not preclude a trustee's sale unless the complete application is submitted at least five business days prior to the scheduled trustee's sale. (See § 2923.6(c).) Plaintiff is given leave to amend to explain the dis...

Excerpt: ... located on University Avenue in Berkeley, and that those business were disrupted by construction work that Brown did on a building adjacent to Plaintiff's business, causing economic losses. Plaintiff's First Amended Complaint, the operative pleading in this case, alleges three causes of action against Brown, for Negligent Interference with Prospective Economic Relations, Nuisance, and Exemplary Damages. The Court will accept, for the purposes of...

Excerpt: ... the state court located in Oakland County, Michigan or the U.S. District Court for the Eastern District, Southern Division of Michigan. RGIS seeks to either dismiss this action or stay it pending resolution of this dispute in a court specified in the Agreement's forum selection clause. A forum selection clause is presumed valid and will be enforced unless the plaintiff shows that enforcement of the clause would be unreasonable under the circumst...

Excerpt: ...r negligence per se. (See, e.g., Perlin v. Fountain View Management Inc. (2008) 163 Cal.App.4th 657, 662, 664-666.) The construes Plaintiff's failure to address this issue in his opposition brief as conceding the validity of Defendants' argument as to paragraph 53. Paragraphs 63 and Prayer paragraph 8 seek an injunction requiring Defendants to provide additional training and staffing at their facility. But injunctive relief should not be issued i...

Excerpt: ....5th 198, 209-210.) Plaintiff Performance Max Inc. ("PMI") fails to do so here. Personal jurisdiction may be either general or specific. (See ViaView, supra, 1 Cal.App.5th at 209.) A nonresident is subject to general jurisdiction in the forum if its contacts in the forum are substantial, continuous, and systemic. (Id.) The Amended Declaration of Tae Yoo submitted with PIQ's reply papers demonstrates that PIQ does not have substantial, continuous,...

Excerpt: ...ound (the use of which allegedly exposed Plaintiffs' decedent to asbestos supplied by UCC) had 11 other suppliers of asbestos besides USG, and that UCC removed asbestos from its joint compound by 1975. As for Plaintiffs' purportedly devoid discovery responses, the Court determines that Plaintiffs' responses to UCC's Special Interrogatories are not so factually devoid as to demonstrate that Plaintiffs do not have or cannot reasonably obtain eviden...

Excerpt: ...ing summary adjudication as to Plaintiffs' claim for punitive damages - Triple A's Motion is DENIED. In its Issue Three, Triple A asserts that there is no evidence of malice, fraud, oppression, or despicable conduct by Triple A. The Court determines that Triple A has not met its initial burden under Code of Civil Procedure § 437c(p)(2) of demonstrating that one or more elements of Plaintiffs' claim for punitive damages against Triple A cannot be...

Excerpt: ...edical Board of California website indicating that six doctors who were witnesses to Plaintiff's medical treatment at Sutter have offices located in Santa Rosa in Sonoma County. However, Sutter submits no evidence demonstrating where those doctors live. Absent such evidence, the Court cannot presume that it would be inconvenient for those doctors to testify at trial in this case in Alameda County. Sutter's argument that it cannot contact those do...

Excerpt: ...arate Statement of Facts ("SSF") Nos. 7-8.) Plaintiff's claim against Grubb is premised on Grubb's alleged failure to ensure that appropriate carbon monoxide detectors were properly installed on the subject property. (See SSF No. 16.) As a result of that alleged failure, Plaintiff's decedent, who was a tenant of Kwong, died of carbon monoxide poisoning. (See SSF Nos. 1-4 and 9-14.) The Court determines that as a matter of law under the facts of t...