Excerpt: ...2017. The second dispute is a legal malpractice case that Cantor filed for Malki against The Shepard Law Group ("SLG") on January 2, 2018 (i.e., the lead case in this consolidated action.) Court records reflect that Cantor continued to represent Malki in that action until he filed a substitution of attorney on October 12, 2018. Cantor's motion for summary judgment is based on a single legal argument, i.e., that any malpractice claim based on Cant...

Excerpt: ...131 and the declaration of Plaintiff's expert witness Dr. Fedora Jacobsen, paragraphs 14-16.) The motion is GRANTED as to Plaintiff's Second Cause of Action for Negligent Hiring, Employment, and Training, as unopposed. (See opposition brief at page 8.) The motion is DENIED as the Third Cause of Action for Negligent Supervision. Again, there is a triable issue of material fact as to whether the Hospital negligently supervised its staff and patient...

Excerpt: ... original hearing date of September 23. If RS failed to timely file and serve a responsive pleading, Plaintiff's remedy was to seek entry of RS's default; it is too late to do that now. Moreover, Plaintiff has not shown any prejudice from a purported one court day delay in service of the moving papers. The demurrers to the First Cause of Action for Action for Assault and the Fourth Cause of Action for Negligent Retention and Supervision are OVERR...

Excerpt: ...amone only. The demurrer to the Third Cause of Action for Dependent Adult Abuse is SUSTAINED, WITHOUT LEAVE TO AMEND. Plaintiffs allege Kaiser failed to promptly diagnose Nicholas Arcamone as suffering from a stroke and effectively treat him for that condition. Plaintiffs allege Mr. Arcamone arrived at Kaiser's San Leandro facility at 10:57 a.m.; he was admitted to the emergency room at 11:06 a.m.; he was first seen by a nurse at 11:29 a.m.; and ...

Excerpt: ...ation. (See, e.g., Williams v. Superior Court (2017) 3 Cal.5th 531, 549.) However, Defendant's objections based on the constitutional right to privacy are potentially meritorious. Defendant's employees who have made complaints of disability discrimination have a constitutional right to privacy in their personnel information. (See Life Technologies Corp. v. Superior Court (2011) 197 Cal.App.4th 640, 652.) Life Technologies was disapproved by Willi...

Excerpt: ... granted overweight vehicle permit applications for trucks with two tires per axle, rather than four. (See, e.g., First Amended Complaint, paragraph 16 and Prayer for Relief, paragraph 2.) City Ordinance 11568, § 2 at page 2, provides that the City Chief of Police or his/her designee has the authority to issue or withhold permits for overweight vehicles for good cause, which includes a determination by the Chief of Police or his/her designee tha...

Excerpt: ...Code of Civil Procedure section 430.41(a)(4).) The demurrer to the First Cause of Action for Fraud is SUSTAINED, WITH LEAVE TO AMEND. A fraud claim must be pled with particularity, including how, when, where, and by what means the misrepresentations were tendered. (See, e.g., Cansino v. Bank of America (2014) 224 Cal.App.4th 1462, 1469.) Here, Plaintiff alleges that in August 2016, Defendant M. Subhani made some rather vague representations that ...

Excerpt: ... In 2018, Plaintiffs applied for a loan modification with Ocwen and were approved for a Trial Payment Plan ("TPP"). Plaintiffs allege they made all payments required under the TPP. After the successful completion of the TPP, Ocwen sent Plaintiffs a permanent Loan Modification Agreement ("LMA") which Plaintiffs signed and returned to Ocwen, on two separate occasions. (See Complaint, paragraphs 20-23 and 26.) However, Ocwen thereafter claimed it th...

Excerpt: ...perty for religious purposes, and that therefore the property taxes imposed on that real property by the County of Alameda are unconstitutional and they are exempt from paying the assessed taxes. Plaintiffs have an adequate remedy for any claim that they were improperly assessed real property taxes in the form of a tax refund action pursuant to Revenue & Taxation Code § 5140 et seq. Howard Jarvis Taxpayers Assn. v. City of La Habra (2001) 25 Cal...

Excerpt: ...p.4th 221, 233.) A mere contractual right of payment, without more, will not suffice. (Id.) Plaintiffs' conversion claim is based on the security deposit that Plaintiffs paid to Defendant Oakland Cannery Operations ("OCO"), which Plaintiffs contend OCO was required to refund upon termination of the lease. (See First Amended Complaint, paragraphs 82 and 95.) Plaintiffs do not allege that they had actual possession of the security deposit at the ti...

Excerpt: ...ary, and that he would now know whether it was necessary until Reyes' assistant completed his part of the investigation. (See Complaint, paragraph 54.) There are no further allegations concerning Officer Reyes. Although the body of Plaintiff's Complaint does not identify any causes of action, Plaintiff apparently contends that Reyes' conduct violates some unidentified provision of Welfare & Institutions Code section 15600. The only subdivision of...

Excerpt: ...cused Plaintiff "mishandling" two incidents (a sexual battery report by a student, and a disciplinary meeting with a special education student), and as a result Defendants placed Plaintiff on paid administrative leave from his job as principal at Newark Memorial High School. (See First Amended Complaint, paragraphs 14 and 28.) Defendants subsequently sought Plaintiff's termination due to various other incidents identified in First Amended Complai...

Excerpt: ... connection with a public issue. (See Code of Civil Procedure § 425.16(b)(1).) Second, if such a showing is made, the Court determines whether Plaintiff has demonstrated a probability of prevailing on the claim. Plaintiff demonstrates this by showing the Complaint is legally sufficient and supported by a sufficient prima facie showing of facts to sustain a favorable judgment if the evidence submitted by Plaintiff is credited. (Vogel v. Felice (2...

Excerpt: ...intiff's handwritten account attached to that report is dated January 20, 2018, i.e., ten months before the accident occurred.) The resulting police report (which is dated February 19, 2019, by reviewer Michael Munoz) concludes that the police are "unable to determine fault; recommend both parties work with their insurance carrier." In his Complaint, Plaintiff alleges that the City's police officer "J. Breden" engaged in a negligent or intentiona...

Excerpt: ...aims and allegations from the First Amended Complaint. The remaining allegations in the First Amended Complaint fall into three categories of claims against Defendant. First, Plaintiff alleges that Defendant engaged in various misconduct in his capacity as an Alameda County district attorney between 2008 and 2010, including refusing to charge jail inmates who had attacked Plaintiff while incarcerated, purportedly allowing those attacks to occur, ...

Excerpt: ...ercation with a security agent at the bus station and that several City police officers were called to the station. After an investigation, the police declined to arrest Morales. Plaintiffs allege that by failing to arrest and/or disarm Morales, the City's police officers were a substantial factor in causing their decedent's death. Public entities are generally not liable for failing to protect individuals against crime. (See Zelig v. County of L...

Excerpt: ...re January 2020; to comply with the mandatory good cause determination requirement imposed by Ordinance 11568; and to prohibit issuance of any overweight permits that allow only two tires per axle. In determining whether to issue a preliminary injunction, the Court considers two interrelated factors; (1) the likelihood that the plaintiff will prevail on the merits of his case at trial, and (2) the interim harm that plaintiff is likely to sustain ...

Excerpt: ...Guild for which he is entitled to restitution (see Second Amended Complaint, paragraphs 80, 123, and 127), and he seeks an injunction preventing Defendants from continuing to (allegedly) misappropriate his intellectual property (see Second Amended Complaint, paragraphs 123 and 127.) Those allegations, if true, may support a claim for Unfair Business Practices. Such a claim can be based on a conduct that affects a single victim. (See The Rutter Gr...

Excerpt: ...y Exhibit B, referenced in Complaint paragraph 12, which is purportedly the Trailer Requirements currently posted on the City's website. The Court infers that Exhibit A to the Complaint may be the same document attached as Exhibit A to Plaintiff's Request for Judicial Notice, and that Exhibit B to the Complaint may be the same document attached as Exhibit 5 to the City's Request for Judicial Notice. Plaintiff alleges that the City has unlawfully ...

Excerpt: .... fka Art.com Inc. in which two additional directors were appointed and a Special Litigation Committee was formed. Plaintiffs have not followed the procedure contemplated by § 709, which requires the filing of an "action" by a shareholder who claims to have been denied the right to vote, and that upon the filing of such a "complaint", and before any further proceedings can be held, the court shall enter an order fixing the date for the hearing f...

Excerpt: ...therine Smith (collectively, "Defendants"), sued her former employer Shannon B. Jones Law Group Inc. ("SJLG") and Shannon Jones for various wage and hour related claims, as well as for constructive termination and other torts arising out of her employment. During the course of litigation of the prior case, Ms. Vella-Andrade turned over to her counsel LV approximately 27,000 pages of records she had collected during her employment at SJLG as poten...

Excerpt: ...dent directors of IW. At that same meeting, the Board approved the establishment of a Special Litigation Committee ("the SLC"), consisting of Niehaus and Wells, to investigate the claims made by Plaintiffs in this case. (See Exhibit A to the Supplemental Declaration of Aviva Gilbert.) The "general rule" under Delaware law (which both parties have agreed governs Plaintiffs' claims) is that "a stay must be granted when a special litigation committe...

Excerpt: ...to the extent that the First Cause of Action may be premised on Trinity's alleged failure to comply with Civil Code § 2923.6, § 2924.10, and § 2924.11 (see, e.g., Complaint at paragraphs 24-26), those statutory provisions apply only to first lien mortgages or deeds of trust. (See Civil Code § 2924.15.) The deed of trust that is the subject of this lawsuit secures a second loan, not a first lien. (See Complaint, paragraphs 5- 7; see also Trini...

Excerpt: ...therine Smith (collectively, "Defendants"), sued her former employer Shannon B. Jones Law Group Inc. ("SJLG") and Shannon Jones for various wage and hour related claims, as well as for constructive termination and other torts arising out of her employment. During the course of litigation of the prior case, Ms. Vella-Andrade turned over to her counsel LV approximately 27,000 pages of records she had collected during her employment at SJLG as poten...

Excerpt: ...amone's claim for loss of consortium, and (3) Plaintiff Bonnie Brown's claim for negligent infliction of emotional distress. Each of these claims should be pled in separate causes of action. Second, as to Bonnie Brown's claim for negligent infliction of emotional distress, Ms. Brown is given leave to amend to allege facts demonstrating how she was contemporaneously aware, at the time she observed her son's interactions with Kaiser's staff, that K...