Excerpt: ...s on August 13, 2019. Plaintiff timely filed his Motion to Strike and/or Tax Costs on August 28, 2019. Plaintiff's first contention is that the Court should not require him to reimburse Defendant's costs incurred in serving Subpoenas Duces Tecum for Plaintiff's records. Plaintiff claims that Defendants violated his right to privacy when they served their subpoenas. Plaintiff also claims that Defendants failed to comply with the statutory requirem...

Excerpt: ...uld find in its favor as to each element of its claims. See Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. Defendant does not have an obligation to present any contrary evidence until the initial burden is met. Id. at 850-851. Plaintiff's motion is based entirely on Defendant's account records and his initial application for an account. The declaration of Donna Toomes, Team Leader of Discover Products, Inc., however, is not suffici...

Excerpt: ... car turning right onto Powell Street while exiting eastbound I-80. The accident occurred on March 22, 2016. The Court notes that the driver of the vehicle that struck Plaintiff is not a party to this case. Plaintiff retained attorney Stephen H. Cornet to handle her personal injury case. On May 24, 2016, Mr. Cornet delivered a letter to Assistant City Attorney Andrea Visveshwara by electronic mail making a public records act request. Mr. Cornet w...

Excerpt: ...izes Caron to recover $435.00 for the initial filing fee. 2. Bush's objection to the $1,000.00 in filing fees for Caron's Joinder in the Motion for Summary Judgment of Cardinale and for her own Motion for Summary Judgment is GRANTED IN PART. Bush correctly notes that the Joinder was procedurally deficient and would not have been granted even if the Court had granted Cardinale's Motion for Summary Judgment. See Frazee v. Seely (2002) 95 Cal.App.4t...

Excerpt: ...deposited at least 600 escrow checks into her personal bank account. Old Republic is suing Citibank in this action for negligence. Citibank recently filed a Demurrer to Plaintiff's First Amended Complaint. The Court declines to stay the action or stay just discovery at this time. Although no formal charges have been filed by the District Attorney's office or the U.S. Attorney against Nguyen, the agreed factual record certainly supports an inferen...

Excerpt: ...st Bush, from August 5, 2019 to August 26, 2019. Defendant Cardinale's Cross-Complaint was not a part of the trial because the Court struck it and she did not file an Amended Cross-Complaint. On August 26, 2019, the jury returned a special verdict finding that Plaintiff failed to meet her burden of proof as to any claim in her pleadings and that Cross-Complainant Caron failed to meet her burden of proof on her Cross-Complaint. Judgment Creditor's...

Excerpt: ...ted claims for fraud, intentional interference with prospective economic advantage, breach of contract and breach of the implied covenant of good faith and fair dealing. The Court has reviewed the unredacted version of the Complaint and the newly redacted Complaint lodged by Plaintiff. The Court notes that Plaintiff has impliedly withdrawn many of the proposed redactions in the original Complaint. Plaintiff's publicly filed Complaint is almost co...

Excerpt: ...ary Judgment is granted because it has made the required prima facie showing that no triable issues of material fact remain regarding Plaintiff's claim that the City had actual or constructive notice that the tree or tree branches that fell on her vehicle were in a dangerous condition. See Govt. Code § 835; and Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. The City has counted approximately 200,000 trees in its parks and along it...

Excerpt: ...hen Defendant Nick Zadrozny, the Chief Executive Officer and other Director on the Board, purported to have Plaintiff removed as a Director and to terminate Plaintiff as a corporate officer in May 2015. Plaintiff's Fourth Cause of Action for Declaratory Relief is simply a restatement of his allegations and contentions in the Second and Third Causes of Action. Defendant One More Cloud contends in its motion that the Court should enter summary judg...

Excerpt: ...plaint that Defendant breached the terms of the lease by failing to restore the premises to its original condition. Plaintiff filed its Complaint on August 7, 2017. Defendant Seagate filed a First Amended Cross-Complaint asserting damages that allegedly resulted from Plaintiff's failure to approve the specifications of Defendant's installation of a new roof or roofs. The Court set the trial date on June 11, 2018. Defendant's request for a trial c...

Excerpt: ...and. Plaintiff filed his original Complaint on August 29, 2018. Plaintiff filed his First Amended Complaint on March 28, 2019. The Court had granted Defendant's Motion for Judgment on the Pleadings on March 27, 2019. Plaintiff asserts a negligence claim and a premises liability claim against Defendant. Plaintiff alleges in the First Amended Complaint that he sustained personal injury and emotional distress as a result of taking the Holy Sacrament...

Excerpt: ... is based in Hong Kong, but it has an office in Menlo Park, California. Defendant Mobile Gaming Technologies, Inc. is a Delaware corporation with its principal place of business in Oakland, California. Fred Hsu is a member of the Board of Directors of Mobile Gaming. Michael Reaves is a founder of Mobile Gaming; he is the company's former Chief Executive Officer and a member of the Board of Directors. George Weinberg, a board members, took over De...

Excerpt: ...after reassigned to Department 518 after the parties filed a Notice of Related Case. An earlier Complaint filed by Rex Moore Group, Inc. against Northstar General, Inc. and Green Earth Greens Company was assigned to Department 518. On November 17, 2016, the Court granted the unopposed Motion of Northstar General, Inc. to consolidate the two actions for all purposes. The case is currently set for trial on December 2, 2019. In the operative First A...

Excerpt: ...Judgment in favor of Defendant on August 8, 2019. Defendant filed and served its memorandum of costs on August 13, 2019. Plaintiff filed his timely Motion to Strike and/or Tax Costs on August 28, 2019. The hearing is continued because Plaintiff's main contention in support of his motion is that Defendant incurred unnecessary expenses in having subpoenas served for various medical and/or employment records. Plaintiff also contends that Defendant d...

Excerpt: ...December 14, 2017, the Court sustained Defendants' Demurrers to the Complaint with leave to amend. Plaintiff thereafter filed its First Amended Complaint on January 4, 2018. Defendants filed Demurrers to the First Amended Complaint. On July 2, 2018, the Court sustained Defendants' Demurrers to the First Amended Complaint with leave to amend. The Court subsequently dismissed Plaintiff's First Amended Complaint against Defendant IQVIA (formerly kno...

Excerpt: ... served with the Summons at their home in Castro Valley. On April 17, 2019, Plaintiff filed her Requests for Entry of Default by Clerk. The Clerk then entered the defaults on April 18, 2019. On June 10, 2019, without the assistance of an attorney, Defendants appeared at the Case Management Conference in person. The Court set the August 6, 2019 prove-up hearing at that time. On August 6, 2019, Defendants appeared at the prove-up hearing. On Septem...

Excerpt: .... In this case, however, the Court declines to deny the motion on this ground because Plaintiffs served their subpoena on July 3, 2019, and counsel then tried to have this matter put before the Court in August 2019. The trial date was moved due to the Court's unavailability. Furthermore, the Court does not believe that the cutoff date for conducting fact discovery and having discovery motions heard applies to the instant motion because Section 19...

Excerpt: ... served with the Summons at their home in Castro Valley. On April 17, 2019, Plaintiff filed her Requests for Entry of Default by Clerk. The Clerk then entered the defaults on April 18, 2019. On June 10, 2019, without the assistance of an attorney, Defendants appeared at the Case Management Conference in person. The Court set the August 6, 2019 prove-up hearing at that time. On August 6, 2019, Defendants appeared at the prove-up hearing. On Septem...

Excerpt: ...ice of the request and has not objected to it, the Court is reluctant to grant the request because the language of the Proposed Order is very broad and could apply to testimony that does not tend to incriminate Defendant. The Court does acknowledge that the failure of the District Attorney's Office to object should be considered in reaching a decision on the motion. See Daly v. Superior Court (1977) 19 Cal.3d 132, 147-148. The Court also prefers ...

Excerpt: ...to file its Motion for Summary Judgment so that it can be heard at least thirty (30) days before the trial. There was no compelling reason to wait. Plaintiff then responded by making a late request to file a First Amended Complaint. The Court does not find that good cause has been shown pursuant to Rule of Court 3.1332. Defendant 24 Hour Fitness USA, Inc.'s assertion that it has a "statutory right" to file a Motion for Summary Judgment against th...

Excerpt: ...iff's counsel have graciously given Defendant's attorney extensions of time so that she can locate him. Defendant's attorneys even retained a private investigator. Defendant's attorneys say that there is a high probability that Defendant no longer lives in Oakland or even the United States. Defendant's unexplained absence from the jurisdiction is not a justification for his failure to comply with discovery obligations. The Court anticipates that ...

Excerpt: ...ion practice since the action was commenced on January 22, 2018. The jury trial date is February 3, 2020. Plaintiffs have sued Defendant for the loss of certain items of clothing and damage to other clothing items entrusted to Defendant for cleaning. Defendant advises the Court that Plaintiffs provided counsel with an inventory of their losses which total $26,738.47. Plaintiffs have no other claims against Defendant in this action. Based on its r...

Excerpt: ...eir attorney, Mark Ellis, decided that he no longer wanted to represent Defendants. Counsel made a last-minute request to continue the trial that the Court believes should have been denied. There is currently no trial date. Defendants' motion is denied for substantive and procedural reasons. The Court initially observes that Defendants did not file a declaration to indicate that they made a reasonable and good faith attempt to resolve the dispute...

Excerpt: ...D., and The Hospital Committee for The Livermore-Pleasanton Areas also filed Demurrers to Plaintiff's Complaint. After Defendants' Demurrers were sustained with leave to amend on July 13, 2017, Plaintiff filed his First Amended Complaint on July 27, 2017. Plaintiff Sisodia presented at the emergency room at ValleyCare with severe abdominal pain at about 6:00 a.m., on November 20, 2015. ValleyCare is located at 5555 W. Las Positas Blvd., in Pleasa...

Excerpt: ...Directors, contends that Defendants have done certain things that violate various Dublin laws, Association rules and provisions of the Declaration of Covenants, Conditions, and Restrictions of the Association. Defendants contend that Plaintiff's allegations are false and the claims are without merit. Defendants believe that Plaintiff sued them because they have made claims of construction defects. The Court cannot grant Defendants' motion because...

Excerpt: ...n this Court. Plaintiff Weintraub purchased a 2011 Kia Optima from an unidentified dealership on June 20, 2011. The Court did not carefully review the 55-page Complaint filed by a different firm against Kia Motors America, Inc. in the U.S. District Court for the Central District of California entitled, Greg Wallis, et al. v. Kia Motors America, Inc., et al. Plaintiff attached the Wallis complaint to the First Amended Complaint. The Wallis complai...

Excerpt: ...ants that are the subject of Plaintiff's claims. The non-compete agreements that Medidata Solutions, Inc. employees signed provide that they shall be construed by the laws of the State of New York. The non-compete agreements that Sparta Systems, Inc. employees signed indicate that they shall be construed by the laws of the State of New Jersey. Since this case was filed on July 17, 2017, Plaintiff and Defendants have cited only California cases an...

Excerpt: ...ject matter of this lawsuit or reasonably calculated to lead to the discovery of admissible evidence. Plaintiff's request for an award of sanctions against Defendant 24 Hour Fitness USA, Inc. and its attorneys of record in the sum of $3,060.00 is GRANTED IN PART. Although Defendant unreasonably refused to cooperate with counsel in his efforts to take Ms. Peterson's deposition, the amount requested is excessive under the circumstances. The Court i...

Excerpt: ...ject of Plaintiff's claims. The non-compete agreements that Medidata Solutions, Inc. employees signed provide that they shall be construed by the laws of the State of New York. The non-compete agreements that Sparta Systems, Inc. employees signed indicate that they shall be construed by the laws of the State of New Jersey. Since this case was filed on July 17, 2017, Plaintiff and Defendants have cited only California cases and statutes in their m...

Excerpt: ...rs Alliance (2002) 102 Cal.App.4th 449, 458-459. In the Second Cause of Action, Plaintiff Noginov alleges that Defendant Schlachter wrote letters to the Zoning Adjustment Board of the City of Berkeley accusing him of violating Penal Code § 631. Plaintiff also alleges that the members of the board read the letters, and that he has sustained damage to his reputation and also severe emotional distress as a result. Defendant Schlachter describes a d...

Excerpt: ...Jiang had no actual or constructive knowledge of the cause of her shoulder pain until her physician made a diagnosis months later. Defendants' Motion for Summary Judgment is granted because they have made the required prima facie showing that no triable issues of material fact remain regarding Plaintiffs' delayed discovery of their claim. See Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. Defendants have shown that no reasonable ju...

Excerpt: ...0(a), is DENIED. The Court reviewed the parties' written submissions. Plaintiff correctly argues that the Motion to Compel must be denied because Defendants did not file it within 45 days of the date when the responses were served. See CCP § 2031.310(c). The Court does not have the authority to waive the 45-day requirement for Defendants. Plaintiff is also correct when she notes that counsel for Defendants did not comply with her meet-and-confer...

Excerpt: ...er Olesen by Dr. Strassberg. In addition, Plaintiff shall have the right to make an audio recording of the examination. See CCP § 2032.530(a). The Court declines to dictate the manner of examination by Dr. Fayer. Plaintiff has not shown any compelling reason why the administering of the MMPI test by Dr. Fayer would constitute an infringement of her constitutional or statutory rights. As Defendants note, if Plaintiff does not want to subject hers...

Excerpt: ... the instant motion. Defendant also did not pay the monetary sanction in the sum of $900.00 by the May 23, 2019 deadline. The Court hereby awards Plaintiff his reasonably incurred attorney's fees and costs in the sum of $1,200.00. See CCP § 2023.030(a). Plaintiff's request for an award of $2,320.00 is not reasonable in view of the straightforward nature of the motion. Defendant shall pay the additional sanction no later than July 17, 2019. The C...

Excerpt: ...g his alleged professional negligence. See Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. Despite having an opportunity to do so, Plaintiff failed to present any competent expert evidence to rebut Defendant's prima facie showing. See Osborne v. Irwin Memorial Blood Bank (1992) 5 Cal.App.4th 234, 273. Counsel for Defendant shall promptly prepare the Proposed Order for the Court's consideration. See Rule of Court 3.1312. NOTICE: Effe...

Excerpt: ...ion to Continue Trial in August 2019. Defendant has no right to file a Motion for Summary Judgment if its attorneys have not been diligent. The Court notes that Defendant was represented by Gordon & Rees at the outset of the case. Defendant made its initial appearance two years ago, in June 2017. The Erskine Law Group substituted into the case on November 14, 2017. The retention of new counsel does not entitle Defendant to any additional consider...

Excerpt: ...fs state that they recently discharged their attorney, Frank E. Mayo. Plaintiffs contend that they are completely unprepared for trial. Plaintiffs imply that they have not done any discovery due to Mr. Mayo's misconduct. Plaintiffs did not provide the Court with any competent evidence to support the serious claim of client abandonment by Mr. Mayo. The Court also reminds Plaintiffs that they were represented by Albert Boasberg for the first 15 mon...

Excerpt: ...rs Alliance (2002) 102 Cal.App.4th 449, 458-459. In the Second Cause of Action, Plaintiff Noginov alleges that Defendant Schlachter wrote letters to the Zoning Adjustment Board of the City of Berkeley accusing him of violating Penal Code § 631. Plaintiff also alleges that the members of the board read the letters, and that he has sustained damage to his reputation and also severe emotional distress as a result. Defendant Schlachter describes a d...

Excerpt: ...t on January 9, 2019. Plaintiff was 64 years old when the Complaint was filed. He is African American. Plaintiff alleges that he worked at the Bear's Lair in Berkeley from August 28, 2017 until he was terminated on February 23, 2018. Compass Group USA, Inc., doing business as Chartwells Food Service, provides student dining service to the University of California pursuant to contract. Plaintiff worked as a bartender and waiter at the Bear's Lair....

Excerpt: ...itial Complaint against her former client, Noreen Cardinale, and her former co-counsel, Martha Louise Caron, on January 20, 2015. The case was scheduled for trial on November 28, 2016, but that trial date was vacated on October 31, 2016 because the settlement judge requested it and because Plaintiff Bush filed a late Motion for Judgment on the Pleadings as to the Cross-Complaint of Noreen Cardinale. Cross-Complainant had filed her First Amended C...

Excerpt: ...oward v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428. Defendant 24 Hour Fitness USA, Inc. has not shown that it will be unduly prejudiced by the late request for leave to amend. See Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 486-488. The trial date is September 9, 2019. Defendant has not shown that it will not have time to conduct the discovery necessary to respond to Plaintiff's prayer for an award of punitive damages. F...

Excerpt: ...iff's right to recruit current and former Medidata Solutions employees who signed non-compete agreements; (2) declaratory relief regarding plaintiff's obligation and right to defend and indemnify its employees who previously worked for Medidata Solutions; (3) declaratory relief regarding enforceability of the Medidata Solutions non-compete agreements; (4) declaratory relief regarding plaintiff's rights when Medidata Solutions threatens to enforce...

Excerpt: ... is specifically named in the Complaint only as to the First Cause of Action for Negligence I and the Second Cause of Action for Products Liability. Defendant has now moved for summary judgment. DEFENDANT'S BURDEN OF PRODUCTION Defendant did not meet its initial burden of production. (See Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 848-855; Code Civ. Proc., § 437c, subd. (p)(2).) Defendant targeted the threshold exposure subelement ...

Excerpt: ...ave filed a Notice of Related Case pursuant to Rule of Court 3.300(b). The Court was only made aware of Defendant Wong's earlier lawsuit against the Homeowners Association when it reviewed Plaintiff's papers in support of the Motion for Summary Judgment. The parties need not file the Notice of Related Case at this juncture as the Court has already dealt with several motions and set a trial date of September 23, 2019. The Motion for Summary Judgme...

Excerpt: ...failing to comply with the agreement. Plaintiffs are entitled to the reimbursement of their reasonable attorney's fees and costs pursuant to the terms of the Settlement Agreement. Counsel for Plaintiffs shall prepare and submit a Proposed Order and Proposed Judgment no later than June 12, 2019. NOTICE: Effective June 4, 2012, the Court will not provide a court reporter for civil law and motion hearings, any other hearing or trial in civil departm...

Excerpt: ...ve all of the disputed issues informally prior to filing the motion on February 8, 2019. See CCP §§ 2031.310(b)(2) and 2016.040 (facts disclosing that a reasonable and good faith attempt at an informal resolution was made must appear in the meet-and-confer declaration). 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.A...