Excerpt: ... sidewalk causing Plaintiff to fall to the ground." Plaintiff alleges that the accident occurred on a section of sidewalk near 1237 Russell Street, in Berkeley. Plaintiff alleges that the City of Berkeley had actual or constructive notice of the dangerous condition of the sidewalk. On November 6, 2020, Defendant filed its first motion for summary judgment. Defendant's motion was based on Plaintiff's testimony during his deposition that he did not...

Excerpt: ...y located at 4851 Walnut Street, in Oakland (residence) and 1246 79th Avenue, in Oakland (rental property). The Court is very familiar with Plaintiff's allegations and contentions. There have been many motions filed in this case since Plaintiff filed her initial Complaint on November 5, 2020. The subject Verified Second Amended Complaint includes six causes of action. Plaintiff asserts the these causes of action against Defendants: (1) First Caus...

Excerpt: ... Conversion of Corporation Property; (3) Unfair Business Practices (Bus. & Prof. Code § 17200 et seq.); (4) Forcible Detainer; (5) Ejectment; (6) Breach of Fiduciary Duty; and (7) Negligence as Managing Member of Limited Liability Company. On December 9, 2020, the Court granted Defendant's motion for judgment on the pleadings in part and dismissed the Fourth and Fifth Causes of Action. The case is currently set for a jury trial starting on Novem...

Excerpt: ... divided their community assets and liabilities in the pending dissolution case. The Court hereby continues the hearing to October 7, 2021 for the submission of a proposed order by counsel. Counsel must submit a revised Complaint In Intervention with the proposed order. Counsel need not file the supplemental papers. She may simply lodge copies in Department 518 as long as she provides copies to opposing counsel. The Court cannot permit counsel to...

Excerpt: ...d and Defendants were represented by Joshua Brysk and Laurie Yoon. Plaintiffs' current counsel formally substituted into the case on July 26, 2021. Defendants' new counsel made their initial appearance on August 5, 2021. The ten (10) notices of pendency of action were recorded in late July 2021. Defendant Phangureh's motion to expunge lis pendens is granted because Plaintiffs have not asserted a real property claim against him in their Complaint....

Excerpt: ...able about the law, he has an affirmative obligation to conduct legal research if he intends to represent himself. In this case, Plaintiff argues that Defendants committed perjury during the course of pretrial discovery. Plaintiff contends that the Court should award him $150,000 because he was able to document 15 instances of perjury. If Defendants have committed a crime, then perhaps Plaintiff should give notice of their actions to the police o...

Excerpt: ...at she is not responsible for Plaintiff's injuries because the stove and oven belonged to the tenant and not her. Plaintiff disputes this contention. Plaintiff argues that the burst of flames that injured her was caused, at least in part, on the PG&E gas line that Defendant had a duty to inspect and maintain. The Complaint was filed on September 3, 2019. Plaintiff now seeks authorization to add the claims of her minor children, Josiah Miller and ...

Excerpt: ...on an opportunity to file its own motion to compel arbitration or to give notice that it does not intend to move to compel arbitration. The August 16, 2021 deadline set by the Court in the order passed without CVHCARE Corporation making the required election. CVHCARE Corporation, however, did appear through its attorneys to seek an order allowing Plaintiffs to file a First Amended Complaint by stipulation. As previously indicated, the Court does ...

Excerpt: ...causing the vehicle to stall." Plaintiff alleges in paragraphs 11 and 12 that BMW authorized repair facilities could not fix the drivetrain malfunction after several attempts. Plaintiff's original Complaint, filed on January 28, 2020, included claims for breach of express and implied warranties under the Song-Beverly Act. Defendant filed its Answer on May 22, 2020. After Defendant filed a motion for judgment on the pleadings, Plaintiff voluntaril...

Excerpt: ... Street, in Oakland, at approximately 12:00 a.m., on January 20, 2019. Plaintiff Coleman, who entered the intersection with the traffic light green, was struck by a white Ford F-150 owned by and registered to Defendants. The driver of the pickup truck got out of the cab and fled on foot before emergency personnel arrived on scene. Defendants concede for purposes of this motion that the driver of the pickup truck was their former employee, Dominiq...

Excerpt: ...79th Avenue, in Oakland (rental property). The Court is very familiar with Plaintiff's allegations and contentions. There have been many motions filed in this case since Plaintiff filed her initial Complaint on November 5, 2020. The subject Verified Second Amended Complaint includes six causes of action. Plaintiff asserts these causes of action against Defendant Nelson: (1) First Cause of Action for Financial Elder Abuse; and (2) Fifth Cause of A...

Excerpt: ...fosys in March 2017 as an Associate Engagement Manager at an initial salary of $140,000 per year. Plaintiff was also entitled to receive an annual bonus equal to thirty percent (30%) of her salary. Although Plaintiff's offer letter instructed her to report to the Infosys office in Newark, in Alameda County, she alleges in the Complaint that she worked in the Infosys office on the Apple campus in Palo Alto. Plaintiff alleges in the Complaint that ...

Excerpt: ... Tarmann v. State Farm Mut. Auto. Ins. Co. (1991) 2 Cal.App.4th 153, 157. Plaintiff also did not clearly indicate whether it claims Defendants are liable for intentional misrepresentation, negligent misrepresentation, or concealment of material fact. If Plaintiff intends to base its claim on the false testimony of Defendants Eric and Jerry Tran during the depositions that were taken after the settlement agreement was executed in 2018, it must all...

Excerpt: ...r and to steal her properties. Defendants naturally deny all of Plaintiff's claims. Defendants assert that Plaintiff's properties were sold at foreclosure because she defaulted on her loan payments. Defendant has met his burden of establishing that the bank records that Plaintiff sought to obtain through her service of the deposition subpoena to Provident Credit Union are protected by his constitutional right of privacy. See Fortunato v. Superior...

Excerpt: ... Mohammed Ahmad. The operative Complaint is the Second Amended Complaint filed on March 8, 2018. The Court made rulings on two demurrers filed by Defendant to the First Amended Complaint and Second Amended Complaint. Plaintiff's daughter, 19-year-old Rusamie "Ashly" Phong Phoumy ("Ashly") was killed with a knife by Defendant's half-brother, Abdol Ali Omar, on the morning of November 30, 2014, at Defendant's business, Oakland Market. Plaintiffs as...

Excerpt: ...e. An earlier trial date had been vacated due to the partial closure of the Alameda County Superior Court due to the Covid-19 state of emergency. Plaintiff alleges in the underlying case that individuals that she trusted to help her run her law office defrauded her over the course of years and destroyed her practice. Plaintiff alleges in this action that attorney Jacobson failed to represent her competently in the underlying case and also billed ...

Excerpt: ...ablish that Plaintiff's discovery motions were granted due to their mistake, inadvertence, surprise, or excusable neglect. Plaintiff's attorney caused the subject requests for admission to be served on Defendants on September 25, 2020. The discovery was served directly on Defendants because their attorneys successfully moved to be relieved as their counsel days before. Defendants did not serve any responses by the due date of October 30, 2020, no...

Excerpt: ...otion to quash service of a document subpoena. The Court agrees with Plaintiff's contention that his educational records are subject to a right of privacy. The Court, however, does not agree that Defendant may not obtain the records under any circumstances in this personal injury case involving a claim of traumatic brain injury. Defendant may obtain access to Plaintiff's records if it is able to demonstrate that they are directly relevant to the ...

Excerpt: ...malfunction caused a nauseous odor to enter the passenger compartment. Plaintiff alleges that the defect could have caused serious personal injury. Plaintiff alleges that the smell caused him to become ill. Finally, Plaintiff alleges that the dealer and manufacturer failed to offer him a replacement vehicle or other forms of restitution despite being unable to make adequate repairs to correct the problem. The Court reviews the parties' admissible...

Excerpt: ...'s memorandum does not appear to be directed to the response to form interrogatory no. 50.2. Plaintiff's counsel contends that the papers would have been clearer if defense counsel had not refused the request for a 30- day extension of time to file. This is most likely true. Plaintiff's argument is largely focused on her contention that Defendant failed to provide correct responses to written discovery and the contention that Defendant may have d...

Excerpt: ...4, 2020. Counsel indicated that they were moving the hearing date based on an agreement among all counsel. The hearing date has since been continued several times because 24 Hour Fitness USA, Inc. filed a petition for bankruptcy protection. The parties have advised the Court that the bankruptcy stay has been lifted. The Court continued the hearing from May 20, 2021 in order to obtain courtesy copies of Defendant's original papers. The Court began...

Excerpt: ... Amended Complaint, Plaintiff alleges that he resides at the property. On December 5, 2006, Plaintiff obtained a mortgage loan from Mortgageclose.com, Inc. in the sum of $139,000.00. The lender recorded a Deed of Trust in the Official Records of Alameda County on December 6, 2016. On August 19, 2019, an Assignment of the Deed of Trust was recorded that assigned the Deed of Trust from Mortgageclose.com, Inc. to U.S. Bank. On January 16, 2020, a Su...

Excerpt: ...ponsible for the substantial increase in the amount of the IRS lien on the property. Although the IRS tax lien was recorded in the Alameda County Recorder's Office, Plaintiff claims it was not aware of its existence until approximately 18 months after the trustee's sale. Plaintiff asserts that Defendant had a statutory duty to inform the IRS of the sale so that the agency could present its claim for payoff. Defendant essentially asserts that the ...

Excerpt: ...ms pled and the facts alleged by Plaintiff Wilson in the operative Fourth Amended Complaint filed on May 13, 2020. Defendant filed several demurrers, motions to strike, and a motion for judgment on the pleadings in response to Plaintiff's Second Amended Complaint and Third Amended Complaint. On August 10, 2020, Defendant served the subject contention interrogatories on Plaintiff Wilson. Based on its review of the Fourth Amended Complaint, I belie...

Excerpt: ... partnership, Clovis Body & Paint, owned by Plaintiff Lim and her son. There was a fire on May 11, 2016. Defendant is the property insurer. Defendant agreed to cover most of the loss and paid Plaintiff and the other owners the sum of $450,641.00. Defendant, however, declined to pay for damage to an industrial paint spray booth. Defendant contends that the industrial spray booth was owned by the tenant and was therefore not part of the insured pre...

Excerpt: ... partnership, Clovis Body & Paint, owned by Plaintiff Lim and her son. There was a fire on May 11, 2016. Defendant is the property insurer. Defendant agreed to cover most of the loss and paid Plaintiff and the other owners the sum of $450,641.00. Defendant, however, declined to pay for damage to an industrial paint spray booth. Defendant contends that the industrial spray booth was owned by the tenant and was therefore not part of the insured pre...

Excerpt: ...essive speed given the conditions. Plaintiff further alleges that Defendant admitted that he was inattentive and that he could not explain why he failed to stop his vehicle. The Court does not agree with Defendant's assertion that Plaintiff is required to meet a heightened pleading standard when seeking punitive damages. There simply is no clear authority for this common assertion made by defense counsel. In Brousseau v. Jarrett (1977) 73 Cal.App...

Excerpt: ...Plaintiff filed notice substituting Kaiser Foundation Hospitals in the place of DOE 1. Plaintiff's Complaint, which includes ten (10) separate causes of action, clearly violates the requirement that that counsel set forth ultimate facts supporting the ten (10) claims in ordinary and concise language. See Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 550-552 (plaintiff should plead ultimate facts and not evidentiary facts); and C.A. v. William...

Excerpt: ...ed and managed by Defendant Best Bay Apartments, Inc. is located at 2701 65th Avenue, in Oakland. Plaintiff Taylor testified that her unit, Unit #102, is on the first level above the parking garage. The Court appreciates that counsel for Defendant attached a copy of the Complaint to the courtesy copy of its motion for summary judgment. Plaintiff's First Cause of Action is for Premises Liability. Plaintiff's Second Cause of Action is for General N...

Excerpt: ...making an appearance. On January 16, 2019, Defendant filed its first Motion for Summary Judgment or, in the Alternative, Summary Adjudication of Issues. Plaintiff's First Amended Complaint included a single Cause of Action for Negligence. On April 5, 2019, the Court granted in part Defendant's Motion for Summary Judgment or, in the Alternative, Summary Adjudication of Issues. In the order, the Court ruled that Defendant did not "make a prima faci...

Excerpt: ...bmit declarations sufficient to show that she made a reasonable and good faith attempt to resolve each issue raised in her motions. See CCP §§ 2016.040, 2030.300(b)(1) and 2031.310(b)(2). Plaintiff may not simply state that she sent a letter to defense counsel and then had a telephone conference. Plaintiff must provide facts in her declaration sufficient to show that she made an attempt to resolve each disputed issue informally. The declaration...

Excerpt: ...laint against Plaintiff. The parties stipulated to the filing of a First Amended Cross- Complaint in July 2020, and the Court thereafter granted Defendant leave to file the First Amended Cross-Complaint. In November 2019, the Court set the matter for trial on June 21, 2021. On May 13, 2021, the Court vacated the trial date. Defendant's motion for summary judgment is denied because it has not met its burden of producing sufficient admissible evide...

Excerpt: ... Renovation Realty Northern California, substantially complied with its licensing requirements. See Bus. & Prof. Code § 7031(e). Subparagraph (e) sets forth the three exclusive factors bearing upon the substantial compliance analysis. See Pacific Caisson & Shoring, Inc. v. Bernard Bros. Inc. (2011) 198 Cal.App.4th 681, 694 (party claiming substantial compliance must show that he or she has satisfied all three factors); and Pacific Caisson & Shor...

Excerpt: ...e permitted to amend their pleadings prior to trial in order to avoid the forfeiture of claims or defenses. See Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428. The Court is generally not permitted to consider whether the proposed amendment is legally sufficient when deciding whether to permit amendment. See Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1048. In this case, the Court would have been inclined to...

Excerpt: ...list the property and to handle the negotiations with prospective purchasers and their agents. Plaintiffs were represented in this case by Wendy Neft-Sanda and Kane and Associates, Inc. The evidentiary record before the Court is relatively clear and straightforward for this type of case. The parties do not dispute Plaintiffs' contention that the seller, William Thomas Meyers, was aware at all times that a third bedroom had been constructed withou...

Excerpt: ...ice to the opposing party is shown. See Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428; and Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 486-488. Defendant has not demonstrated that it is likely to sustain any undue prejudice if the proposed Second Amended Complaint is allowed. Defendant instead attempted to argue that Plaintiff's claims are not supported by evidence disclosed in discovery that it provided Plaintiff'...

Excerpt: ... Defendant's business originates from individuals and businesses in Louisiana, customers throughout the United States can make orders on the company's website and have the orders shipped to them. Defendant has made sales to customers in California over the years. Approximately six percent (6%) of Defendant's nationwide Internet sales are made to California customers. In 2017, Defendant made $174.00 in sales through its Internet website. In 2018, ...

Excerpt: ...laintiff's argument that the response served by Defendant on November 24, 2020 does not comply with the requirements set forth in CCP § 2030.220(a). Although not completely deficient, the Court agrees that Defendant should have provided more facts than the few given in its response. However, the Court does not grant the motion as to interrogatory no. 10 in full because the use of the term "RELATED TO YOUR contention" is vague, ambiguous and inde...

Excerpt: ...e Court concludes that there are sufficient grounds to support Plaintiff's request for leave to file a Second Amended Complaint, but it will not approve the filing of the Second Amended Complaint attached to the motion because it is far too lengthy. The operative First Amended Complaint is itself too lengthy at 31 pages. The proposed Second Amended Complaint is at least 46 pages long. Counsel shall allege only ultimate facts and not evidentiary f...

Excerpt: ...n to enforce settlement agreement filed by Civic Justice, LLC and DeNova Homes, Inc. The Court has reviewed its earlier order dated June 26, 2020. The Court notes that it determined that the May 23, 2019 agreement is valid and enforceable. Despite this determination, Defendant and Cross- Complainant Hardwick persists in his argument that the agreement was illusory or procured by misrepresentations made by the opposing parties and/or their attorne...

Excerpt: ..."at fault" for the accident on December 26, 2019. The Court finds that Defendant's second further response to request no. 4 is sufficient. The request is inherently ambiguous and indefinite in that it does not ask Defendant whether she contends that she was solely at fault or shares some comparative fault. When considering the purpose of requests for admission to put certain matters to rest prior to trial, the Court cannot imagine how the decisio...

Excerpt: ...s GRANTED. Counsel should not have instructed his client not to answer the questions posed by Plaintiffs' counsel. Rifkind v. Superior Court (1994) 22 Cal.App.4th 1255, 1259, does not preclude Plaintiffs' attorney from asking the questions. However, the Court notes that it is not a common tactic to question a party repeatedly about her ability to tell the truth during a deposition. There are appropriate sanctions for failing to give truthful depo...

Excerpt: ...), is DENIED. The issues raised by Defendant's motions are moot. Plaintiff's counsel has submitted a declaration stating that the requested discovery responses were served on Defendant's attorneys on March 12, 2021. Defendant's request that the Court impose a monetary sanction on Plaintiff in the sum of $4,403.50, pursuant to CCP § 2023.030(a), is GRANTED IN PART. Based on its review of the parties' papers, Defendant has demonstrated that an awa...

Excerpt: ...7. Plaintiff alleges in this case that she sustained injuries to her lower back and left hip. Plaintiff had medical treatment and physical therapy for her injuries for over a year. Plaintiff retained the law firm of Galine, Frye, Fitting & Frangos to represent her in this action against Defendant Hossain. The case settled quickly for Defendant's insurer's $50,000 policy limit. The Notice of Conditional Settlement was filed even before Defendant H...

Excerpt: ...aintiff Sukumar definitely has "standing" to prosecute this action against Defendant Zand. The Court has merely stated repeatedly that it must take Plaintiff's allegations as true at the pleading stage even if there is doubt about their veracity. See Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-967. Defendant's suggestion that the Court review the entirety of an earlier filed small claims action to dismiss Plaintiff's case indicates th...

Excerpt: ...of the Fourth Amended Complaint because it is necessary for the Court to review Plaintiff's allegations in making a ruling on Defendant's motion. The Court also reviewed the meet-and-confer transcript attached to the Declaration of attorney Brandon J. Mickle as Exhibit B. The Court here notes for the record that the transcript is 50-pages long. Plaintiff Wilson, a current employee of the Department of Transportation, has held positions as a maint...

Excerpt: ...ntains an Internet website. Customers can make orders on the Internet website and have the orders delivered to them. Defendant has made sales to customers in California over the years. Defendant states that it has decided not to accept any more business from customers located in California since the filing of this Unruh Civil Rights Act lawsuit. Defendant's motion to quash service of the summons for lack of personal jurisdiction is DENIED WITHOUT...

Excerpt: ...escission; (4) Violation of Civil Code § 1689.7(f) (Home Solicitation Sales Act); (5) Intentional and Negligent Misrepresentation; (6) Fraudulent Concealment; and (7) Elder Abuse. Defendant has filed a special motion to strike against Plaintiff as to each of the seven (7) causes of action asserted against it. Defendant claims that Plaintiff's causes of action are all based on its act of recording a PACE lien against her property located at 1680 ...

Excerpt: ...ase was filed on July 11, 2014. On December 14, 2016, the case was reassigned to his department after Plaintiff and Cross-Defendants filed a peremptory challenge against Judge Michael Markman. The current trial date is May 3, 2021. On January 22, 2021, Plaintiff served on counsel for Defendants and Cross- Complainants two notices to appear at trial with documents. One of the notices was directed to Defendant Reclamation, LLC. Plaintiff included 5...

Excerpt: ...prayer at the pleading stage. Defendant's contention that Plaintiff must meet a heightened pleading requirement when seeking punitive damages is overstated. The relevant case authority does not support Defendant's position. In Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 162-163, the plaintiff sued her physician because he performed a tubal ligation on her after the delivery of her baby, even though she allegedly made clear that he was to...

Excerpt: ...ncidents of hostile, boorish and sexist behavior while employed by Defendant, and that the supervisors and members of the human resources department failed to take the problems seriously. Plaintiff alleges that when her co-workers and supervisors learned that she was reporting their behavior, she was subjected to increased harassment from them. Plaintiff filed her Complaint on July 2, 2020. Plaintiff served Defendant with the summons by notice an...

Excerpt: ...note for the balance. Plaintiff's action is not based on Defendant's failure to pay the acquisition price. Instead, Plaintiff claims that Defendant has taken positions in connection with the calculation and payment of the Closing Working Capital that it knows have no merit simply to delay payment of the $1,800,000 owed after the Post-Closing Adjustment was made. The Court notes at the outset that it is required to accept Plaintiff's well-pled all...

Excerpt: ...uraged from giving multiple extensions of time to file a motion to compel instead of dealing substantively with the dispute as early as possible. The Court will not grant Plaintiff's request for an award of discovery sanctions because her attorneys did not comply with their obligation to make a reasonable and good faith attempt to resolve each disputed issue prior to filing the motion on December 18, 2020. See CCP § 2016.040 (facts showing that ...

Excerpt: ...s' claims are based on their purchase of Defendants' property located at 6450 Oakwood Drive, in Oakland, on January 30, 2019. Plaintiffs were in the market for a house in the San Francisco Bay Area because Plaintiff Vessere had accepted a job offer in the area. Plaintiffs were living in Canada when they contacted local realtor Raymond Markarian. Mr. Markarian's agency is Marker Real Estate. Plaintiffs allege in the Complaint that Defendant Markar...

Excerpt: ... by Defendant to the First Amended Complaint and Second Amended Complaint. Plaintiff's daughter, 19-year-old Rusamie "Ashly" Phong Phoumy ("Ashly") was killed with a knife by Defendant's half-brother, Abdol Ali Omar, on the morning of November 30, 2014, at Defendant's business, Oakland Market. Defendant contends in his motion that the Court should grant summary judgment because he owed no duty to Ashly to protect her from an unforeseeable attack ...

Excerpt: ...hat the accident occurred well after sunset because Plaintiffs were on a post-dinner walk. Plaintiffs were walking within a crosswalk. Plaintiffs had activated the warning light to alert cars on Driscoll Road that someone was crossing the street within the crosswalk. Defendant Chang struck one or both Plaintiffs with her vehicle. Plaintiffs contend that Defendant was using her cell phone and not paying attention to her surroundings. Plaintiffs ha...

Excerpt: ...d's locked vehicle and stole camera equipment worth approximately $91,004.00. After Plaintiff paid its insured on the property loss claim, it became subrogated to its right to assert a claim against Defendant landlord. Plaintiff asserts two causes of action against Defendant in its Complaint. Plaintiff's First Cause of Action is for Negligence. The Second Cause of Action, entitled "Res Ipsa Loquitur," is not in fact a cause of action but is inste...

Excerpt: ...irst Amended Cross-Complaint was served by mail to counsel at an incorrect mailing address. See CCP §§ 425.16(f) and 1013. Counsel's correct mailing address is 11 Golden Shore, Suite 430, Long Beach, California 90802. Counsel has never used a different address since this action was filed in June 2020. Cross-Defendant has met his initial burden of establishing that Cross-Complainant's causes of action are based on his filing of his Complaint for...

Excerpt: ...aint and in her opposition that she identifies as Hispanic and Latino. Although Plaintiff was born in Mexico, she has lived in Lake County for many years and is fluent in Spanish and English. Defendant NUHW represents about 15,000 healthcare workers holding various positions in California. Defendant NUHW hired Plaintiff as an internal union organizer in September 2015. Plaintiff testified that her responsibility was to generate more enthusiasm fo...

Excerpt: ...This case involves a dispute between Defendant Huang and her former attorney, Linda Shao, of Shao Law Firm. Plaintiff represented Defendant in litigation involving a business dispute in this Court. That case was assigned case number RG16804034. Plaintiff caused Defendant to be personally served with the summons on July 10, 2020. Counsel for Defendant states that his client told him that she was served on July 15, 2020. Based on this information, ...

Excerpt: ...laintiff's compliance with its discovery obligations starting in July 2020. The parties should know that the Court did review their memoranda and the declarations of counsel. The Court agrees with Defendant's contention that it was more than accommodating to Plaintiff's counsel when repeated requests for additional time were made. The Court notes that Plaintiff waited until almost sixty (60) days had passed after Defendant served the motion to co...

Excerpt: ...he First Amended Complaint, Plaintiff alleges that he resides at the property. On December 5, 2006, Plaintiff obtained a mortgage loan from Mortgageclose.com, Inc. in the sum of $139,000.00. The lender recorded a Deed of Trust in the Official Records of Alameda County on December 6, 2016. On August 19, 2019, an Assignment of the Deed of Trust was recorded that assigned the Deed of Trust from Mortgageclose.com, Inc. to U.S. Bank. On January 16, 20...

Excerpt: ...he month-to-month lease on June 1, 2014. Defendant Jordan purchased the property in 2016. Plaintiffs allege in their Complaint that Defendant has not complied with the myriad laws requiring her to maintain the premises in a safe and habitable condition since 2016. Plaintiff describes the problems with their unit and the common areas in paragraphs 12 and 13 of the Complaint. Plaintiffs allege that Defendant Jordan has known about the conditions fo...

Excerpt: ...ding to the First Amended Complaint, the original developer contracted with Lowney Architects, Inc. to provide the designs for the project. On or about September 24, 2014, the developer entered into a contract with Deacon Corp. to act as the general contractor for the construction of the property. Deacon Corp. then entered into several subcontracts, including a subcontract with High End Development, Inc. to serve as the waterproofing subcontracto...

Excerpt: ... Partners, Inc. Although not specifically referenced in the notice of demurrer, Defendant does indicate that the demurrer is directed to the entire First Amended Complaint. 2. Defendant's demurrer to Plaintiffs' Second Cause of Action for Intentional Misrepresentation, pursuant to CCP § 430.10(e), is SUSTAINED WITH LEAVE TO AMEND. The Court begins with the observation that it is required to accept Plaintiffs' factual allegations as true even if ...

Excerpt: ...his action after Plaintiff voluntarily dismissed the remaining claims in the First Amended Complaint on October 2, 2020. Although the lease agreement does not include an express attorney's fee provision, Defendants contend that the Court can infer the existence of an agreement in paragraph 8, which is entitled, "Hold Harmless." The provision reads as follows: Tenant shall indemnify and hold Landlord harmless from and against any and all claims ar...

Excerpt: ... v. Raytheon Co., Inc. (2019) 33 Cal.App.5th 617, 636 (plaintiff's claims and allegations limit the scope of issues relevant to motion); and Hutton v. Fidelity Nat'l Tile Co. (2013) 213 Cal.App.4th 486, 493 (same). Plaintiff Le was employee of the UC Berkeley Center for Latino Policy Research from 2013 until June 30, 2014, also earned her Ph.D. in Political Science at UC Berkeley in 2010. Dr. Le is currently the CEO and President of the Institute...

Excerpt: ...er, SFO Airporter, Inc. After serving basic initial discovery requests and obtaining responses from Plaintiff, Defendants' attorneys served at least eight (8) subpoenas duces tecum on medical providers, a chiropractic office, and Plaintiff's employer, Helix Electric, Inc. The subpoenas were served on September 11, 2020. Plaintiff's counsel made a written objection to the subpoenas before the records were collected and delivered to Macro-Pro, Inc....

Excerpt: ...Ms. Darrow, a named Plaintiff, and the other Plaintiffs did not submit a verification with the original Complaint. The Complaint included the following causes of action: (1) breach of limited liability company's operating agreement; (2) conversion of corporate assets; (3) forcible detainer; (4) unfair business practice [sic]; (5) breach of fiduciary duty; (6) and negligence in manager's operations of limited liability corporation. On November 6, ...

Excerpt: ...017, wherein Plaintiff sustained severe injuries to his right hand while working on the deck of a vessel when a heavy metal crane block dropped from a loading crane and struck Plaintiff. Bulk Shipping seeks an order compelling Plaintiff to respond to deposition questions regarding his psychiatric history, which Bulk Shipping claims that Plaintiff has put at issue in this action. (Declaration of Andrew I. Port ["Port Dec."], Ex. D at p. 33:16- 17 ...

Excerpt: ...hough the case was filed on July 1, 2019, this is the first time that the Court has had to review the details of the parties' dispute. The only other motion filed by the parties prior to the motion for summary adjudication is Plaintiffs' motion for leave to file a Second Amended Complaint, and that motion was dropped prior to the hearing based on the parties' stipulation. Plaintiffs have sued Defendants because they issued primary and excess insu...

Excerpt: ...se of Action for Fraudulent Concealment. Defendant filed its motion for summary judgment on May 5, 2020. Defendant requests the entry of judgment in its favor as to Plaintiff's First, Second and Third Causes of Action, as well as Plaintiffs' request for a civil penalty pursuant to Civil Code § 1794(c). On June 11, 2020, the case was reassigned from Department 521 to Department 518 for all purposes. Defendant's motion is denied because it has not...

Excerpt: ...t attach a copy of the Settlement Agreement referenced in paragraph 38 of the First Amended Complaint. Plaintiff should have attached the Settlement Agreement because its provisions are the basis of Plaintiff's claims against Builders Protection Group, LLC. The Court understands that the Homeowners Association ("HOA") of Sierra at Jack London Square ("the HOA"), Richard Avelar & Associates Reconstruction Services, Inc. ("Richard Avelar & Associat...

Excerpt: ...ng's Complaint and Plaintiff's Application for a Writ of Attachment against Defendant. Plaintiff King sold his business to Defendant in 2019 for the total sum of $35,000,000. Defendant paid $25,000,000 to King and gave him a promissory note for the balance. The terms and conditions of the transaction are set forth in the Amended and Restated Asset Purchase Agreement, dated on or about July 12, 2019. Plaintiff filed his Complaint against Defendant...

Excerpt: ...ignored all attempts to meet and confer prior to the filing of the demurrer on July 21, 2020. Counsel for Cross-Complainant was ordered to retain a court reporter to make a record of counsel's meet-and-confer discussions. There is no apparent justification for counsel's failure to comply with the earlier order. Cross-Defendant's demurrer to the entire Cross-Complaint based on its contention that Cross-Complainant is the same individual as Paul Si...

Excerpt: ...t ordered Defendants to retain an attorney and to file an Answer to the Complaint. The Court noted that Defendants could file a motion for judgment on the pleadings after retaining an attorney. The motion is denied for two reasons. First, counsel did not comply with his statutory obligation to make a reasonable and good faith attempt to resolve the issues raised in his motion before its filing. See CCP § 439(a). Counsel proceeded to file the mot...

Excerpt: ...nt, filed on June 25, 2019, should be stricken because Plaintiffs are not genuinely ignorant of its identity or the fact that it sold the trailer hitch to them that allegedly malfunctioned. Defendant's motion is denied because it requires the Court to consider numerous facts outside the scope of Plaintiff's Complaint and outside the scope of facts that the Court must judicially notice. See CCP § 437(a). The Court is required to accept Plaintiffs...

Excerpt: ...usiness on April 15, 2020, the hearing was reset to July 16, 2020. When the matter came before the Court on July 16, 2020, the Court continued the hearing to September 2, 2020, and ordered the parties to comply with their meet-and-confer obligations. See CCP § 2016.040 (required contents of meet-and-confer declaration); See Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1439 (sending letters with an articulation of your position not suff...

Excerpt: ... of The Olson Children Irrevocable Trust dated June 17, 2017. The operative Verified First Amended Complaint was filed on April 18, 2019. The First Amended Complaint includes the following causes of action: (1) Foreclosure of Nonpossessory Lien over Personal Property; (2) Conversion; and (3) Fraudulent Conveyance (Civil Code § 3439 et seq.). Defendant Weekes served as the Trustee of the Children's Trust from 2017 until he purportedly resigned in...

Excerpt: ...e an Answer to the Complaint. The Court noted that Defendants could file a motion for judgment on the pleadings after retaining an attorney. The Trust retained attorney Gary Sherrer on August 20, 2020, but Defendant Colbert did not. Defendant Colbert filed this demurrer on August 27, 2020. The demurrer is overruled for several reasons. First, the demurrer is untimely. See CCP § 430.40(a). Second, the filing of the demurrer violates the terms of ...

Excerpt: ...he hearing was then continued at the request of the parties to October 8, 2020 on June 12, 2020. Defendant 24 Hour Fitness USA, Inc. filed a notice of bankruptcy stay in June 2020. Plaintiff therefore does not proceed against 24 Hour Fitness USA, Inc. at this time. The Court begins by admonishing Plaintiff's counsel that they must file separate motions for summary adjudication if they request rulings against separate parties represented by separa...

Excerpt: ...� 2016.040 and 2030.300(b)(1). Counsel are advised that their meet-and-confer efforts should go beyond merely sending letters stating their respective positions. See Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1439; and Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 428. In the future, the Court will require the parties to limit the number of meet-and-confer letters and to discuss the issues in person or by telephone prior to the...

Excerpt: ...ant owes the sum of $1,800,000 pursuant to the terms of the Amended Asset Purchase Agreement, dated July 12, 2019. Plaintiff contends that Defendant owes the additional sum pursuant to a post-closing adjustment of the purchase price. Defendant paid Plaintiff the sum of $35,000,000 at the time of the sale. Defendant gave Plaintiff a promissory note in the sum of $10,000,000 as part of the purchase price. The application is denied because Plaintiff...

Excerpt: ...tnership bank if any; (3) initiating any contact with any vendor or potential vendor of the partnership; and (4) interfering with the business of the SAAK Partnership in any manner. The Court takes notice of its August 28, 2020 order granting in part Defendant's ex parte application for a temporary restraining order and its July 2, 2020 order granting in part Defendant Spanier's prior motion for preliminary injunction. Defendants' motion is proce...

Excerpt: ...facts that go beyond those facts supporting his first cause of action for breach of contract. See CACI No. 325; and Digerati Holdings, LLC v. Young Money Entertainment, LLC (2011) 194 Cal.App.4th 873, 885 (gravamen of breach of implied covenant is different than gravamen for breach of contract). Defendant's demurrer to Plaintiff's third cause of action for conversion is SUSTAINED WITH LEAVE TO AMEND. Plaintiff's statement of a cause of action for...

Excerpt: ...located at 46665 Fremont Blvd., in Fremont, on or about July 9, 2019. Applied Spectra had apparently been a tenant at the location since 2012. From 2007 to 2012, Applied Spectra occupied commercial space located at 46661 Fremont Blvd. The application is denied because Plaintiffs have not met their burden of establishing that their damages are measurable by reference to the contract. See CCP § 483.010(a) (money claim must be fixed or readily asce...

Excerpt: ...heir papers to Department 518. Counsel were ordered to mail their courtesy copies to Department 518. Counsel for Defendant inexplicably failed to comply with this very simple order. The Court is familiar with the allegations and claims in this fraud and elder abuse case. Defendant's main contention in opposition to the motion is that the interrogatories and requests for production are overbroad and seek information that is not relevant to the sub...

Excerpt: ...located at 46665 Fremont Blvd., in Fremont, on or about July 9, 2019. Applied Spectra had apparently been a tenant at the location since 2012. From 2007 to 2012, Applied Spectra occupied commercial space located at 46661 Fremont Blvd. The application is denied because Plaintiffs have not met their burden of establishing that their damages are measurable by reference to the contract. See CCP § 483.010(a) (money claim must be fixed or readily asce...

Excerpt: ...issues raised by the demurrer. See Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-967. In this case, the Court concludes that Plaintiff pled sufficient facts to support his Seventh Cause of Action for Defamation in paragraphs 11, 12, 13, 14, 59, 60 and 61 of the Complaint to state a cause of action. Defendant's contention that the statements attributed to Moore were mere expressions of opinion is without merit. Defendant's contention tha...

Excerpt: ...ly after the deal to acquire Bright Pattern, Inc. dissolved. Defendant believes it is likely that the requested records will contradict or at least call into question Plaintiff's allegations in the Complaint and support its allegations in the Cross-Complaint. Defendant's motion is denied because the Court agrees with Plaintiff's assertion that the cost and burden of searching for all records within the company related to Dimelo, S.A. is outweighe...

Excerpt: ...d for all purposes to the Honorable Delbert C. Gee. There has been a substantial number of motions filed by both sides in this case, including challenges to the pleadings. For the purposes of this motion, the parties ask the Court to review Judge Gee's order of August 14, 2015 granting the Motion of Defendants Sipi Metals Corp. and Marion Cameron ("the Chicago Defendants") to Dismiss for Lack of Personal Jurisdiction. Judge Gee determined that Pl...

Excerpt: ...2006) 138 Cal.App.4th 1371, 1377-1378; and Roy Supply, Inc. v. Wells Fargo Bank (1995) 39 Cal.App.4th 1051, 1057-1058. Defendant also correctly contends that Plaintiff has not alleged facts sufficient to establish that it owed Plaintiff a duty of care when it accepted for deposit unendorsed checks made payable to Plaintiff's principals. See Chazen v. Centennial Bank (1998) 61 Cal.App.4th 532, 543 (number of situations were a bank would owe a non-...

Excerpt: ...and that she advised employees of the university about her problems "at all times relevant herein." In particular, Plaintiff informed the university's Vice President, Dr. Craig Elliot. Plaintiff complains that Defendant violated her right to medical privacy by sharing the information with those without a need to know about her history of mental illness. Furthermore, Plaintiff alleges that she endured continuous abuse at the hands of one of her in...

Excerpt: ...United States subsidiary, which then sold the machine to 24 Hours Fitness, which then had the machine at a fitness center in Walnut Creek, California, where it injured plaintiff. Technogym S.p.A, does not own property or operate directly in California. (Casoni Dec.) The United States subsidiary buys exercise equipment in bulk, maintains inventory, and then sells it to customers. (Cool Dec.) OVERVIEW OF LAW The U.S. Supreme Court recognizes two ty...

Excerpt: ...because the court finds the settlement offer to be reasonable. A party is responsible for making her or his own decision to prosecute or defend a case. Substantively, defendant argues that plaintiff Kalah should accept an insurance policy limits offer of $15,000 because defendant filed for bankruptcy and the bankruptcy judge's order of 5/9/19 states "[Plaintiff Salah] may not enforce any judgment personally against the debtor [defendant Del Toro]...

Excerpt: .... Kramer is a general partner with access to the partnership accounts, but the partnership agreement requires a majority vote before a disbursement of over $1,000. (Kramer Dec., Exh A, Partnership Agt section 4.5(e)(ii) Three of the four partners returned the $47,500 distributions. Spanier seeks an injunction (1) requiring Kramer to return his $47,500 distribution and (2) enjoining Kramer from making any further withdrawals of funds. STANDARD "[T...

Excerpt: ...unts. BANK RECORDS OMC served subpoenas on Wells Fargo seeking bank records of Albietz and Managed Cloud Technologies, a company that he appears to own testified at deposition that he Company seeks bank records. The bank records are relevant to the $27,000 withdrawal. Albietz has a right of privacy in his financial information. The court balances direct relevance with the privacy interests. (Valley Bank of Nevada v. Superior Court (1975) 15 Cal.3...

Excerpt: ...ud claims against Volkswagen. The demurrer to the Fourth Cause of Action for "Fraudulent Inducement - Concealment" is OVERRULED. A claim for fraudulent concealment requires the plaintiff to plead and prove that the defendant was under a duty to disclose the fact to the plaintiff. (Blickman Turkus, LP v. MF Downtown Sunnyvale, LLC (2008) 162 Cal.App.4th 858, 868-869.) A duty to disclose can arise when the information at issue concerns safety. (Jon...

Excerpt: ...ivided 50% interest in the property. The parties negotiated a written settlement agreement. All parties and their lawyers signed the written agreement on or about 5/23/19. The court retains jurisdiction to enforce the agreement. (CCP 664.6.) The central part of the settlement is the division of the property. (Agt para 1, Exh A.) The property is 3.4 acres (Agt, para 8(a).) In June 2019 Civic Justice prepared to divide the property with a lot line ...

Excerpt: ...reason for the termination is a pretext. Plaintiff filed his action against Tesla on January 7, 2020. Plaintiff has also named Tesla employee Caleb Moore in the Seventh Cause of Action for Defamation. The Court reviews the parties' evidence to determine whether a valid agreement to arbitrate exists and whether there are reasons why the agreement is unenforceable. See Ramos v. Westlake Services LLC (2015) 242 Cal.App.4th 674, 685 (court must begin...