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: ...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: .... 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: ...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: ...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: ... 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: ....) 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: ...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: ...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...