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: ...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: ...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: ...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: ...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...