Excerpt: ...Intentional Infliction of Emotional Distress; the Fourteenth Cause of Action for Negligent Infliction of Emotional Distress; the Fifteenth Cause of Action for Declaratory Relief; and the Sixteenth Cause of Action for Fraudulent Conveyance. The basis for Piterman's motion is Section 11/5/1 of the Operating Agreement for KD Pebble LLC ("the Agreement"), which provides that any action to resolve any claim arising out of or related to the Agreement s...

Excerpt: ... only, as unopposed. (See opposition brief at page 8:1-6.) The demurrers to the First Cause of Action for Breach of Settlement Agreement, the Second Cause of Action for Violation of Business & Professions Code § 17500, the Third Cause of Action for Violation of Business & Professions Code § 17200, the Fifth Cause of Action for Fraud, the Eighth Cause of Action for Declaratory Relief are all OVERRULED. As to each of these claims, DCG argues that...

Excerpt: ...at customer left the meat department at 12:12 p.m., and Plaintiff slipped in the sugar 22 seconds later. (See Safeway's Separate Statement Facts ("SSF") Nos. 3-6 and the evidence cited in support.) Where, as here, a plaintiff relies on a property owner's failure to correct a dangerous condition to prove the owner's negligence, the plaintiff has the burden of showing the owner had notice of the defect in sufficient time to correct it. (See, e.g., ...

Excerpt: ...pervision), the Fourth Cause of Action for Violation of Code of Civil Procedure § 1159 (Forcible Entry), the Fifth Cause of Action for Trespass, and the Sixth Cause of Action for Nuisance are all SUSTAINED, WITHOUT LEAVE TO AMEND. Each of these causes of action is premised on the theory that Plaintiff Jamal Mansuri ("Plaintiff") had a leasehold interest in the business he operated at the El Cerrito Plaza BART station. But as Plaintiff's counsel ...

Excerpt: ...RULED. The Court agrees with the VC Stockholders that Plaintiffs have not alleged facts demonstrating that the VC Stockholders owed any fiduciary duty to the shareholders of Art.com, Inc. ("ART"). But Plaintiffs have alleged facts that, if true, may support a claim that the VC Stockholders aided and abetted in a breach of fiduciary duties by ART's board of directors. Under Delaware law, minority shareholders (as are each of the VC Stockholders) g...

Excerpt: ... ("Leonard"). (See Second Amended Complaint, paragraph 12.) However, Plaintiff alleges that he did not intend to transfer title to the subject property to Larry, Mark, and Leonard at the time he executed the grant deed. (Id.) Instead, Plaintiff believed that in order to validly transfer title, the grant deed would first have to be recorded, and Plaintiff instructed Larry not to record the grant deed. (Id. at paragraphs 12-14.) Plaintiff later exe...

Excerpt: ...sser performed his work on the project from an elevated platform 10 feet above the floor, which could only be accessed by a scissor lift or a ladder that was tied with a strap to a metal column adjacent to the platform. On the day of his injury, Paul Esser was attempting to descend from the platform on the ladder when the strap broke and the ladder slid, causing him to fall and break his ankle. (See, generally, Flying Moose, LLC's Separate Statem...

Excerpt: ...red while driving at the intersection of Laurel Creek Drive and Foothill Drive in Pleasanton when she was hit by a car driven by Defendant Elijah Henry ("Henry"). (See the City's Separate Statement Facts ("SSF") Nos. 15-20 and the evidence cited in support.) A few minutes before the accident, Henry had been inside his car at the Laurel Creek Staging Area when he saw a police patrol car, driven by City of Pleasanton Police Office Matthew Harvey ("...

Excerpt: ... Plaintiff alleges that Fischer was his realtor in that transaction. On February 27, 2017, Plaintiff signed an Exclusive Buyer Representation Agreement ("the Agreement") that provides, at Section 9(B), that it "shall be governed by and interpreted in accordance with the laws and in the courts of the state of Tennessee." Although a forum selection clause does not, ipso facto, defeat jurisdiction, it is one factor to consider in determining whether...

Excerpt: ...ter. Plaintiff has objected to the video and screenshots based on lack of foundation and proper authentication. That objection appears to be meritorious. Safeway's counsel Kerri Johnson fails to establish any personal knowledge that the video and screenshots attached to her declaration accurately reflect the accident scene at the time indicated. The fact that the video and screenshots were produced in discovery is not sufficient to support their ...

Excerpt: ...me Property Purchase Agreements and Joint Escrow Instructions ("the Agreements") with Defendants, both dated December 11, 2017, for the purchase of real property located at 1241 International Boulevard and 1301 International Boulevard in Oakland. The parties soon became embroiled in a dispute concerning whether Plaintiffs had made their initial contract deposits in a timely fashion. Defendants attempted to cancel the escrows for both properties, ...

Excerpt: ...nd signed by the Court did not waive their right to file a motion to amend the judgment. Homeowners seek to set aside the judgment entered on September 17, 2019 and enter a new judgment that is modified in the following respects. First, Homeowners seek to reduce the amount of the judgment awarded to U Unlimited from $245,998.26 to $149,115.70, to account for the judgment of $96,882.56 that Homeowners were awarded against U Unlimited. Second, Home...

Excerpt: ... of contract. Therefore, Spanier is entitled to his attorneys' fees for defeating that claim. (See, e.g., Santisas v. Goodin (1998) 17 Cal.4th 599, 611.) The Court determines that U Unlimited is the prevailing party on the contract for the reasons discussed in the Court's order on the motion by Homeowners to set aside judgment and enter new judgment, also heard this date. The parties' contract (at section VII) provided for attorneys' fees to the ...

Excerpt: ...liens by Plaintiffs Amamgbo & Associates, Emeziem & Others, and Daniel Donner (collectively "Plaintiffs") in an underlying personal injury lawsuit in Contra Costa County Superior Court, which motion was granted. Following the court's order granting the motion in the underlying personal injury case, Defendants disbursed the settlement funds in compliance with that order, without paying any money to Plaintiffs pursuant to their liens. Subsequently,...

Excerpt: .... Reddy is trustee of a business that owns and manages apartment buildings in Berkeley, including two located at 2070 and 2076 University Avenue. On July 3, 2019, Jiboku posted a review of an apartment at 2076 University Avenue on Yelp in which he criticized how the apartment buildings at both 2070 and 2076 University Avenue were managed. As part of his posting, Jiboku also stated, "The main thought I will always be haunted by, is that, the real ...

Excerpt: ...que Martinez ("Martinez") in a personal injury case he filed in Contra Costa County ("the Contra Costa case") in 2011; Defendants Eric Williams and MacMorris & Carbone were retained by CSAA Insurance Group as attorneys for Ennis Mayberry, the defendant in the Contra Costa case. Later that year, Morgan became attorney of record for Martinez, and Plaintiffs filed a notice of lien in that case. Sometime thereafter, counsel in the Contra Costa case r...

Excerpt: ...by ATS, acting as the collection agency for FCOA, that they owed fees in the amount of $1,378.39. On September 24, 2014, FCOA recorded a Notice of Delinquent Assessment ("the lien notice") in that amount on Plaintiffs' real property. On November 6, 2014, Plaintiffs sent a letter to FCOA and ATS disputing that they owed FCOA the amount indicated on the lien notice. In 2017, FCOA filed a small claims lawsuit against Plaintiffs to collect the debt i...

Excerpt: ...egligent Hiring, Training, and Supervision, and (5) Conspiracy. Then, following the prayer for relief and several pages of proofs of service, there is a Judicial Council form Complaint "Second" Cause of Action for "Intentional Tort," and a Judicial Council form Complaint "First" Cause of Action for "General Negligence." For purposes of clarity, the Court will refer to the cause of action for "Intentional Tort" as Plaintiff's Sixth Cause of Action...

Excerpt: ...rds do not reflect that attorney Huma Ellahie has ever represented Defendant Ariba Investments LLC, which was defaulted on March 25, 2017 without having made an appearance in this case. Huma Ellahie's law firm, Ellahie & Farooqui LLP, was at one point the attorney for Defendant Shariq Mirza, but he has represented himself since September 21, 2017, when a substitution of attorney was filed and served on Plaintiff's counsel. Second, the Stipulation...

Excerpt: ... course and scope of their employment, would give rise to a claim against those employees for the tragic incident on July 22, 2018 if those employees were private persons. (See Government Code § 820.) A private person is normally not liable for failing to take affirmative steps to prevent an injury to another person. (See, e.g., Zelig v. City of Los Angeles (2002) 27 Cal.4th 1112, 1128-1129.) In addition, Plaintiffs have not alleged a reasonably...

Excerpt: ...ht to trial within five years after the action is commenced against the defendant. ( CCP 583.310) TThe purpose of the rule requiring that plaintiffs act diligently to bring actions to trial within five years is to promote the trial of cases before evidence is lost or destroyed, or the memory of witnesses becomes dimmed, and to protect defendants from being subjected to the annoyance of an unmeritorious action remaining undecided for an indefinite...

Excerpt: ....) The demurrer to "Count Three - Dangerous Condition of Public Property" (paragraph Prem.L-4) is OVERRULED. Plaintiff adequately alleges facts supporting a claim that the intersection where the accident occurred constituted a dangerous condition of public property, i.e., a physical characteristic of the intersection created a substantial risk of injury to those traveling through the intersection, even when exercising due care and acting in a rea...

Excerpt: ...over his costs of proving the matters that are the subject of those Requests for Admissions unless, inter alia, Plaintiffs establish that (1) the admissions sought were of no substantial importance; (2) Plaintiffs had reasonable ground to belief they would prevail on the matter; or (3) there was other good cause for Plaintiffs' failure to admit those Requests for Admission. (See Code of Civil Procedure section 2033.420(b).) The Court determines t...

Excerpt: ...egligent Hiring, Training, and Supervision, and (5) Conspiracy. Then, following the prayer for relief and several pages of proofs of service, there is a Judicial Council form Complaint "Second" Cause of Action for "Intentional Tort," and a Judicial Council form Complaint "First" Cause of Action for "General Negligence." For purposes of clarity, the Court will refer to the cause of action for "Intentional Tort" as Plaintiff's Sixth Cause of Action...

Excerpt: ...t file their Answer until April 30, 2019. The deadlines for responding to a validation or reverse validation action as provided in Code of Civil Procedure sections 861.1, 862 and 869 function as a statute of limitations, and if an interested party does not appear during the prescribed time, he or she loses the opportunity to challenge or support the government's action. (See City of San Diego v. San Diegans for Open Government (2016) 3 Cal.app.5t...

Excerpt: ...tial Information and Inventions Assignment Agreement. (See, e.g., Angelica Textile Services Inc. v. Park (2013) 220 Cal.App.4th 495, 507-508.) In addition, for purposes of this motion, Plaintiff need not establish that there is a probability it will ultimately prevail on the merits of its claims in this case. Rather, Plaintiff must establish that there is a likelihood that Defendant's computer media contain discoverable evidence relevant to Plain...

Excerpt: ...ted pursuant to Measure AA. Measure AA imposes a parcel tax for 30 years to fund educational programs. As a parcel tax, Measure AA potentially falls under California Constitution Article XIII A § 4, Article XIII C § 2(d), and Article XIII D § 3(2), each of which requires a two- thirds vote prior to imposing such a tax. Measure AA, however, was place on the ballot as a result of citizen's initiative, "The Children's Initiative of 2018." In the ...

Excerpt: ...nuary 1, 2019. Plaintiff alleges Defendant failed to do so. Plaintiff further alleges he was damaged by Defendant's failure to remove the wood and mulch by January 1, 2019 because Plaintiff has been sued by the property owner for failure to remove all items from the leased property (including the wood and mulch) upon termination of the lease, resulting in Plaintiff having to incur the costs of defending that action. (See Second Amended Complaint,...

Excerpt: ...s motion. (See Code of Civil Procedure section 439(a)(4).) Plaintiffs' motion is GRANTED, WITH LEAVE TO AMEND for Defendant to allege facts in support of its First, Second, Fourth, Fifth, Seventh, Eighth, and Tenth Affirmative Defenses. Defendant's statement at page 6:3-8 of its opposition brief that it has alleged various facts in support of these defenses is incorrect. Defendant has argued in its opposition brief that either Plaintiffs or other...

Excerpt: ...ng the resolution of this action, is ruled upon as follows: The motion for an order to conduct an inspection and appraisal of the property pursuant to Code of Civil Procedure section 742 is GRANTED. Plaintiff has shown good cause to enter the building to determine the current status of the property and to facilitate an application for a refinance loan in order to prevent foreclosure of the property, and also to inspect the grounds and common area...

Excerpt: ...perty") to herself and Tinsley as joint tenants. Glaude alleges that thereafter, Senora Glaude executed the Senora Glaude Trust, in which she transferred her interest in the property to herself as trustee of the Trust. Glaude alleges that Tinsley falsely claimed that Tinsley had 100% ownership of property in bankruptcy proceedings filed in 2010, and that the property was released from the bankruptcy stay in May 2013. Glaude alleges that after Sen...

Excerpt: ...onclusion based solely on the facts alleged in the Complaint and facts of which the Court is required to take judicial notice. Res judicata applies where the claim in the present action is identical to the claim litigated in the prior proceeding; there was a final judgment on the merits in the prior proceeding, and the party against whom the doctrine is being asserted is a party to the prior proceeding. (See, e.g., Consumer Advocacy Group Inc. v....

Excerpt: ...t file their Answer until April 30, 2019. The deadlines for responding to a validation or reverse validation action as provided in Code of Civil Procedure sections 861.1, 862 and 869 function as a statute of limitations, and if an interested party does not appear during the prescribed time, he or she loses the opportunity to challenge or support the government's action. (See City of San Diego v. San Diegans for Open Government (2016) 3 Cal.app.5t...

Excerpt: ...ative Fault, the Fifth Cause of Action for Contribution, and the Sixth Cause of Action for Declaratory Relief, as unopposed. (See Cross-Complainants' opposition brief at page 1:16-18.) As to the First Cause of Action for Express Contractual Indemnity, the Motion for Summary Adjudication is GRANTED. Deacon and LaPlante seek equitable indemnity for the injuries claimed by Plaintiff Calvin Wallace ("Plaintiff") pursuant to a Standard Form Subcontrac...

Excerpt: ...Plaintiffs appear to allege that Franklin violated these statutory provisions by (1) recording a Notice of Default and Substitution of Trustee pursuant to a "fraudulent and forged Deed of Trust" based on a misrepresentation that it had a beneficial interest in the notes secured by the subject Deed of Trust (see Second Amended Complaint, paragraphs 50-53 and 62), and (2) failing to contact Plaintiffs prior to recording a Notice of Default, purport...

Excerpt: ... failed to take any appropriate action to remedy the danger posed by those trees. One of those trees then fell on the roof of the home of Plaintiff's insured, causing damage of at least $761,000. If those allegations are true (as the Court must accept when ruling on a demurrer), Plaintiff has adequately alleged claims for negligence, nuisance, trespass, and equitable subrogation. Any evidence supporting Plaintiff's claims (including, e.g., eviden...

Excerpt: ...no recommendations for future treatment (see Plaintiff's deposition at pages 91 and 93-94; (2) Plaintiff's failure to mention any ongoing problems with his ribs at his first independent medical examination by Dr. Mathias Masem on December 15, 2018 (see Dr. Masem's deposition at pages 17-18 and 20-21); and (3) Plaintiff's production of a report by Dr. Jacob Rosenberg dated March 18, 2019 indicating (on page 6) that Plaintiff's "most significant fu...

Excerpt: ...nuing the trial date.) Crossroads has not shown good cause to reopen discovery as to the financial condition of Plaintiff and Cross-Defendant Triangle Associates Inc. ("Triangle"), pursuant to Code of Civil Procedure section 2024.050(b). Specifically, Crossroads has not demonstrated why it could not have sought discovery of this information prior to the discovery cutoff. Crossroads has asserted claims against Triangle for fraud since it filed its...

Excerpt: ...failure to comply with § 1793.2(a)(3). (See First Amended Complaint, paragraphs 61-62.) Whether those allegations are true or not cannot be determined in ruling on this demurrer, but instead must be determined at a later stage of this case. The Demurer to the Fourth Cause of Action for Violation of Civil Code § 1791.2 and § 1794 is OVERRULED, for the same reason KMA's demurrer to this cause of action was previously overruled on March 8, 2019. ...

Excerpt: ...ilure to comply with its obligations under § 1793.2(a)(3) was willful. KMA's motion to strike Plaintiffs' prayer for punitive damages is DENIED. KMA argues that Plaintiffs cannot recover punitive damages on their claims for violation of the Song-Beverly Consumer Warranty Act because Civil Code § 1794 does not expressly state that punitive damages are available for those claims. However, KMA fails to cite any case law holding that punitive damag...

Excerpt: ... Plaintiff alleges that its landlord "was threatening to charge Plaintiff $400,000.00 to clean up the Property." (See Complaint, paragraph 12.) But Plaintiff does not allege that its landlord in fact charged Plaintiff $400,000, or any other amount, as a result of Defendant's alleged failure to fulfill its obligations under the parties' contract, or any other facts demonstrating how Plaintiff has been damaged by that breach. The Demurrer to the Se...

Excerpt: ...s directed to serve its verified supplemental responses no later than May 28, 2019. If, after reviewing those verified supplemental responses, Plaintiffs believe they are inadequate, counsel for Plaintiffs and Defendant are ordered to meet and confer, in person, to attempt to resolve any disputes about those responses. If counsel are unable to informally resolve any disputes about the supplemental responses, they are directed to file a Joint Stat...

Excerpt: ...vil Procedure section 2020.420.) In addition, to the extent that Mr. Richards is willing to assume responsibility for copying the responsive documents, any copying would have to take place at Mulch Master's business address, not at the office of Plaintiff's counsel. (See The Rutter Group's Civil Procedure Before Trial section 8:547.2.) Plaintiff has also failed to demonstrate good cause for production of the documents requested in the subpoena (w...