Excerpt: ... in stop-and-go traffic on northbound I-880 less than a mile south of the Marina Blvd. exit. Plaintiff's BMW was pushed into the car ahead of them, resulting in that car being pushed into a fourth car. Plaintiff Samuel Caasi was driving. Raquel is Samuel's wife. She was in the passenger seat. They have sued BMW because the airbags on their vehicle failed to deploy. These were Takata airbags. Samuel's head allegedly struck the steering wheel. Raqu...

Excerpt: ...eckenridge Property Fund 2016 LLC with leave to amend on August 14, 2019, Plaintiffs filed and served their Second Amended Complaint on September 3, 2019. Plaintiffs' Proof of Service indicates that the pleading was served on Defendant's attorney on September 3, 2019. Defendant therefore had until October 8, 2019 to file and serve the Demurrer. See CCP §§ 430.40(a) and 1013. Defendant did not file its Demurrer until October 15, 2019. Defendant ...

Excerpt: ...tely December 2012. Plaintiff and her husband executed a two-year lease with Waypoint Homes, Inc. on December 22, 2012. Plaintiff Vanessa Bulnes operated an in-home child care business on the property. In October 2013, in preparation for the installation of planter boxes in the children's play area on the property, third party City Slicker Farms analyzed the soil in the area and determined that it contained excessive levels of lead. Plaintiff req...

Excerpt: ...eckenridge Property Fund 2016 LLC with leave to amend on August 14, 2019, Plaintiffs filed and served their Second Amended Complaint on September 3, 2019. Plaintiffs' Proof of Service indicates that the pleading was served on Defendant's attorney on September 3, 2019. Defendant therefore had until October 8, 2019 to file and serve the Demurrer. See CCP §§ 430.40(a) and 1013. Defendant did not file its Demurrer until October 15, 2019. Defendant ...

Excerpt: ...he Department of Fair Employment and Housing ("DFEH") have thus far not been successful due to the parties' lack of diligence. The Court issued the order overruling Defendant's Demurrer and ordering Defendant to file its Motion for Summary Judgment on March 8, 2019. The Court agrees with Defendant's assertion that Plaintiff is largely responsible for the delays. The Court continues the hearing because it is not satisfied with the evidentiary reco...

Excerpt: ...ts 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 this case, Defendant's attorneys sent several items of correspondence to Plaintiff's attorney to explain why the requested records are relevant to this case and to offer to limit the scope of some of the requests. Aside from asking for addit...

Excerpt: ...that the agreement applies to this case. Judgment Creditor prevailed completely after the parties tried their case to the Court. The Final Statement of Decision and Judgment were entered by the Clerk on April 11, 2019. The Court, however, believes that the hourly rate of $450.00 is excessive given the relative lack of complexity of the case and the fact that Plaintiff Havens is not an attorney and has no legal training. The Court instead applies ...

Excerpt: ...nt's U.S.-based subsidiary, TechnoGym USA Corporation. TechnoGym USA, according to its Service Director, Marcus Cool, is a Washington corporation that has its principal place of business in Fairfield, New Jersey. Claudia Brighittini, Legal Counsel for TechnoGym S.p.A., states in her declaration that the Italian company does not have a registered agent for service of process in California. Defendant contends that Plaintiff's attempt to serve the c...

Excerpt: ... statement that he did not realize that his client was a "disabled" person until shortly before the motion was filed is insufficient because it does not disclose the discovery of any fact. The Court notes that Plaintiff filed her initial Complaint on November 23, 2016. This case has been pending nearly three years. The Court recently assigned the parties their fourth trial date. The second reason for the denial is that Defendant has made a substa...

Excerpt: ...l Rule 3.30(c) does not expressly require counsel to deliver it to chambers. The Court also observes that Defendant should not have filed separate demurrers based on the different provisions of CCP § 430.10. Defendant should only file a single demurrer to a single complaint, cross-complaint or answer. If counsel require additional papers for their memorandum of points and authorities, they may present a request by filing an ex parte application ...

Excerpt: ...non-compete agreements with its former employees who either have interest in joining or who have joined Veeva Systems, a competitor based in Pleasanton, California. According to the Corrected Second Amended Complaint, Medidata is a Delaware corporation based in New York. Plaintiff does not allege that the subject non-disclosure agreements and non- compete agreements are prohibited by New York statutory or case law. The Court observes that Plainti...

Excerpt: ..., Plaintiff attached a copy of the lease agreement between the predecessor, Emile Carles, of Alhambra, California and Zen Springs, Inc. to the First Amended Complaint. Plaintiff asserts that Defendants engaged in conduct equivalent to elder abuse by negotiating thoroughly one-sided terms that no reasonable landlord would give. Plaintiff also asserts in the Fifth Cause of Action that Defendants subsequently persuaded Ms. Carles to enlarge the base...

Excerpt: ...of Good Faith and Fair Dealing; and (7) Violation of Bus. & Prof. Code § 17200 et seq. Plaintiff alleges that Defendant breached its tort and contractual duties to him by making misrepresentations about the loan modification process and the legal effect of recording the Quitclaim Deed to the 886 Comanche Court property located in the City of Livermore. Plaintiff contends that he has sustained significant financial injury as a result of Defendant...

Excerpt: ... February 9, 2017. Both sides agree that there was moisture on the floor of the lobby because it was raining that day. Plaintiff slipped on a small section of the floor in the middle of the lobby made of glass. Defendant provided the Court with copies of photographs of the lobby floor. Plaintiff and Defendant agree that someone placed a portable yellow "Wet Floor" sign adjacent to the section of the floor where Plaintiff slipped. Someone placed f...

Excerpt: ...rove into the rear of their vehicle and then attempted to flee the scene. Defendant does not dispute Plaintiff's description of the accident in the Complaint, but she argues that she is not liable to Plaintiffs as a matter of law because she lost consciousness due to her diabetes. See Waters v. Pacific Coast Dairy, Inc. (1942) 55 Cal.App.2d 789, 792. Defendant's motion is denied because she has not presented any competent evidence to establish th...

Excerpt: ...Shea and Cummings to the First Cause of Action, entitled "Breach of Fiduciary Duties - Improper Self-Dealing," pursuant to CCP § 430.10(e), is SUSTAINED WITH LEAVE TO AMEND. Defendants have established that Delaware and not California law applies to Plaintiff's breach of fiduciary duty claim against the PDI directors. See Corp. Code § 2116. The directors owed a fiduciary duty to the common shareholders and not the owners of preferred shares of ...

Excerpt: ...rocedural history of this case. Defendants filed several Demurrers and Motions to Strike Plaintiffs' Complaint and First Amended Complaint. The Court recently issued its order directing the Clerk of the Court to file the Second Amended Complaint nunc pro tunc as of March 23, 2019. The Court denies the Motion for Summary Judgment because Plaintiffs and Defendant failed to comply with the requirements to have the decedent Amir Zarsange's medical re...

Excerpt: ...and that these breaches of duty allowed her former husband Todd Stempien to withdraw large sums of money from the couple's joint account. In 2011, after Plaintiff inherited approximately $430,000.00 from her late father's estate, she and her former husband were advised to put the money inherited into an investment account held by "Stempien Family 2009 Trust." Plaintiff claims that Tim Millar never advised her that she had the option of having the...

Excerpt: ...uiet Title, Fourth Cause of Action for Cancellation of Instrument, and Ninth Cause of Action for Violation of Bus. & Prof. Code § 17200 et seq., is SUSTAINED WITH LEAVE TO AMEND. Although it does not conclude that Defendant is a bona fide purchaser for value ("BFP") as a matter of law, the Court does agree with Defendant's assertion that Plaintiffs failed to plead sufficient facts as to Breckenridge Property Fund 2016 LLC to state a valid claim....

Excerpt: ...ontinued because counsel for Defendant have advised the Court that they recently served supplemental responses to the subject requests for production and began to produce responsive documents to Plaintiff's attorneys. Defendant had maintained for several months that it had no obligation to provide substantive responses or to conduct a search for documents because the UC San Francisco Police Department executed a broad search warrant at its office...

Excerpt: ... the evidentiary problems, the Court nevertheless concludes that Plaintiff is entitled to summary judgment on its Complaint to Quiet Title as to the real property located at 11784 Castle Court, in Dublin. Hollyvale Rental Holdings, LLC, as the party that acquired the property at the Trustee's Sale, does not have any personal knowledge of the transactions and events that resulted in the property being sold. Plaintiff nevertheless insists on procee...

Excerpt: ...ference on January 29, 2019. Attorney Roseann Torres did not appear at the Case Management Conference and did not file a CMC Statement requesting an early trial date. Plaintiff's counsel then waited until May 16, 2019 to file this motion. Plaintiff's request for a trial date within 120 days of August 8, 2019 is denied. See CCP § 36(f). The Court is familiar with Plaintiff's advanced age and the circumstances resulting in her injury on August 10,...

Excerpt: ...10 and 583.420, and Rules of Court 3.1340 and 3.1342, and Plaintiff's opposition papers filed on December 27, 2018 and January 28, 2019. The Court also takes into account the arguments made during the hearing on February 28, 2019. The motion is denied for two principal reasons. First, the Court did not grant Defendants' Motion to Dismiss on February 28, 2019 solely because Plaintiff did not appear at the hearing. If Defendants had not made a suff...

Excerpt: ...ey named Gopal Krishnan. Mr. Krishnan represents numerous defendants sued by Plaintiff. Mr. Krishnan told Defendant that he was handling the matter, and that he would attempt to negotiate a settlement. Mr. Krishnan apparently did not do what he promised to do. Finally, on December 14, 2018, Plaintiff successfully requested that the Clerk enter Defendant's default. The Court is not permitted to grant Defendant's motion filed on June 17, 2019, even...

Excerpt: ...Summary Adjudication of Issues heard on April 4, 2019. The Court granted the motion in part and gave Plaintiff leave to file a Second Amended Complaint, "because the sole negligence claim asserted is clearly ambiguous, indefinite and uncertain." The Court vacated the April 29, 2019 trial. The Second Amended Complaint was filed on April 25, 2019. Whereas the First Amended Complaint is 8 pages long, the Second Amended Complaint has 14 pages of sing...