Excerpt: ...irst Amended Complaint, even though some of them are deleted altogether due to the Court's prior demurrer ruling.) Defendants District, Yurkovich, and Perry demur to what are labeled as the sixth and seventh causes of action. The demurrer is sustained. Leave to amend is allowed, one final time, as to the seventh cause of action. Leave to amend is denied as to the sixth cause of action. Any amended complaint (which, to avoid hopeless confusion, wi...

Excerpt: ...the motion is granted as to Wells Fargo, LTD. Defendant Wells Fargo Bank, N.A.'s Motion for Summary Judgment is granted for the following reasons. Background Facts Plaintiff Colin Fraser is a 52‐year‐old Caucasian male. Plaintiff began working for Wells Fargo in September of 2003. In April 2007, Plaintiff became licensed as a Personal Banker and transferred to the Blackhawk branch effective September 30, 2007. He remained a “Personal Banker...

Excerpt: ..., 2017. On that date, at a further meet and confer, defendant concedes it agreed to permit a motion to compel as to a “representative interrogatory.” CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 17 HEARING DATE: 01/18/18 The Court will be dark on Thursday, January 18, 2018. If an appearance or argument is required, it will be conducted at 8:30 a.m. on Friday, January 19, 2018. Notice of intent to contest the Court's tentative ...

Excerpt: ...claratory relief, and to amend the existing causes of action against Engeo to add allegations concerning a May 9, 2003 contract. The motion is granted insofar as defendants seek leave to make other technical changes that have not been opposed by the affected parties. Specifically, the motion is granted as to the following item numbers listed in the notice of motion: Nos. 2, 3, and 4; No. 5 (except as to EBRPD); No. 7; Nos. 9 and 10; Nos. 11, 12, ...

Excerpt: ...60 and 701.680. Moreover, the judgment was fully satisfied 2 months prior to the initiation of this litigation. CCP Section 685.080 only allows for an award of fees if the motion seeking fees is brought before the judgment is fully satisfied. ...

Excerpt: ...ele (collectively “Plaintiffs”) have sued the Bay Area Air Quality Management District (the “District”) and several individuals: Wayne Kino, Brian Binger, Bill Guy, Satnam Hundel, Rex Sanders, Jeffrey McKay and Jack Broadbent (collectively the “Individual Defendants”). Plaintiffs' First Amended Complaint (FAC) includes a single cause of action against all defendants for violations of Labor Code §1102.5 (all statutory references are t...

Excerpt: ...elief pursuant to Code of Civil Procedure Sections 1085 and 1060, and Third Cause of Action, for Writ of Mandate Pursuant to Government Code section 54960.1. The court previously sustained a demurrer to the cause of action for nullification under section 54960.1 because petitioners failed to allege they had been prejudiced by any violation of the Brown Act. Second Cause of Action, for writ of mandate under CCP § 1085 CONTRA COSTA SUPERIOR COURT ...

Excerpt: ...Plaintiff Lillian Morris (“Plaintiff” or “Morris”). The Complaint pleads causes of action for (1) violation of Civil Code § 2923.7; (2) violation of Civil Code § 2923.6; (3) violation of Civil Code § 2924(b); (4) negligence; (5) intentional misrepresentation; (6) negligent CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 01/18/18 ‐ 22 ‐ misrepresentation; (7) promissory estoppel; (8) to set aside truste...

Excerpt: ...roper decision in this public matter. The parties should be prepared to state why the settlement should not be a public document since they are asking the Court to dismiss an action that was brought (i) on behalf of a class – whereby plaintiffs' counsel accepted certain fiduciary duties to the class and (ii) on behalf of the State as an entity concerned about all aggrieved employees. In addition, the First Amended Complaint states a PAGA violat...

Excerpt: ...e No. N17‐1856, the City likewise filed its opposition three days late. The City's conduct has caused prejudice in at least two ways. First, it has prevented Petitioner from having the statutorily‐ prescribed amount of time to file a reply brief. Second, it has prevented the Court from having the statutorily‐mandated amount of time to consider this matter on the merits. It is unacceptable; particularly so in a case where the City asks the C...

Excerpt: ...in the First Amended Complaint and First Amended Cross‐Complaint, Cross‐Complainants cannot get indemnity, contribution or apportionment of fault. Rock Bottom correctly points out the CrossComplainants' theory of recovery is based on Rock Bottom acting negligently. Relevant Factual Allegations The Court accepts all the factual matters alleged as true for purposes of deciding the Motion. However, the Court accepts as true only the factual matt...

Excerpt: ...f the following: (1) the claim is one upon which an attachment may be issued; (2) the probable validity of the claim is established; (3) the attachment is not sought for a purpose other than the recovery on the claim upon which the application is based; (4) the amount to be secured by the attachment is greater than zero, and (5) the defendant has failed to prove that all of the property sought to be attached is exempt. The requirements for when a...

Excerpt: ...hpoint Security Services, Inc. (Northpoint) to provide security services there. A perpetrator thereafter entered the Superfoot store brandishing a weapon, and grabbed Jason while demanding the cashier CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 01/12/18 ‐ 3 ‐ hand over the cash in the register. Huajin Li ran towards his son upon seeing that he was held hostage. The perpetrator shot Huajin Li, killing him. Pla...

Excerpt: ...ion; (4) fraudulent misrepresentation; (5) negligence; (6) violations of Bus. & Prof. Code § 17200 et seq.; and (7) quiet title (Code Civ. Proc. § 760.020). Only the quiet title claim is pleaded against Breckenridge. Breckenridge demurs pursuant to Code Civ. Proc. § 430.010(e) on the ground that it is a bona fide purchaser for value of the subject property at a nonjudicial foreclosure sale, and as a consequence the sale is invulnerable to Plai...

Excerpt: ...s for the exercise of jurisdiction. [Citation.]” (Shisler v. Sanfer Sports Cars, Inc. (2006) 146 Cal.App.4th 1254, 1259; see also Ziller Electronics Lab Gmbh v. Superior Court (1988) 206 Cal.App.3d 1222, 1232‐33.) A court may exercise two types of personal jurisdiction over a defendant: general jurisdiction and specific jurisdiction. Each is considered below. General Jurisdiction “General jurisdiction exists when a defendant is domiciled in...

Excerpt: ...auses of action for (1) general negligence; (2) trespass; (3) conversion; (4) loss of use; (5) fraud; and (6) civil conspiracy. Defendants demur pursuant to Code of Civ. Proc. § 430.10(e) on the grounds that Mr. Harmen lacks standing and has failed to state facts sufficient to state his causes of action. For the following reasons, the Demurrer is sustained, without leave to amend. Request for Judicial Notice Defendants request judicial notice of...

Excerpt: ...ence of an actual attorney‐client relationship (such as in an initial engagement interview in which the attorney declines the representation), Steele quite rightly informed plaintiff right from the start that Steele would not be acting as plaintiff's attorney. Any unreasonable belief to the contrary on plaintiff's part would not establish a basis for privilege. The motion, however, appears to be either moot or premature or both. Steele advises ...

Excerpt: ...y robust legal response to this serious threat to the sale. The Court has reviewed the statements attached to Mr. Rocca's Declaration. It appears that the bulk of the work on the case was done by Mr. Rocca and Mr. Erkel. (Those two generated 71% of the time recorded by the “core” attorneys. See, Summary Chart #1 attached to Mr. Rocca's Declaration.) Other attorneys assisted where necessary. For the most part, the complexity of the case warran...

Excerpt: ...d award the reasonable attorney fees to which the Fratuses are entitled under section 800, subdivision (a). The Court of Appeal did not instruct this Court to consider the applicability of any other statute. The Court of Appeal tasked this Court with two specific undertakings: (1) Determine the reasonable attorney fees under section 800, subdivision (a); and (2) Award the reasonable attorney fees under section 800, subdivision (a). The “section...

Excerpt: ...ilton Bruzzone was written or oral; she had not remedied her failure to satisfy the Statute of Frauds; and she has not remedied her failure to avoid the statute of limitations. Once the breach of contract claim has been dismissed, there is no legal theory to entitling Cross‐Complainant to a decree quieting title and declaratory relief; no basis for the trespass claim and injunctive relief; and no basis for reformation and novation where no enfo...

Excerpt: ...ow through damages.” The demurrer is sustained without leave to amend as to this plaintiff on the reformation cause of action. 1st Cause of Action—Reformation Plaintiff Patel has standing to bring this reformation action as signatory to the contract. A party seeking reformation must generally allege and show: (1) The true intention of the parties for the instrument [see Civ. Code § 3399; American Home Ins. Co. v. Travelers Indemnity Co. (1...

Excerpt: ...ople or entities employed plaintiff Singh. On page 5 of the opposition, Singh says that the Thekkeks owned all the entity defendants, and says their ownership “begs the question, who other than them had the right to control plaintiff's work or terminate his [employment] [sic]?” (Opp. 5:4‐6.) If that is true, then perhaps only the Thekkeks and Paksn, Inc. need to be named as defendants in this action. The demurrer does not question whether P...

Excerpt: ...n on February 25, 2015, naming two defendants, Raymond Smith CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 09 HEARING DATE: 01/10/18 ‐ 2 ‐ and Raymond Smith, Inc. On October 2, 2016, Raymond Smith alone filed a Cross‐Complaint. At the time, and until December 5, 2016, both defendants were represented by attorney Timothy Hyden. On February 24, 2017, defendants filed a Substitution of Attorney, naming Thomas McCormick as their ...

Excerpt: ...n on February 25, 2015, naming two defendants, Raymond Smith CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 09 HEARING DATE: 01/10/18 ‐ 2 ‐ and Raymond Smith, Inc. On October 2, 2016, Raymond Smith alone filed a Cross‐Complaint. At the time, and until December 5, 2016, both defendants were represented by attorney Timothy Hyden. On February 24, 2017, defendants filed a Substitution of Attorney, naming Thomas McCormick as their ...