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Demurrer Law
 
Arkady Berger v. Gary Varum

Plaintiff Arkady Berger sought to collect an underlying judgment against
defendant Gary Varum and his company, defendant Telesis Engineers, Inc. (jointly the
Varum defendants). Berger alleged the Varum defendants fraudulently transferred assets
to other defendants in an effort to avoid paying the judgment. While Berger’s
enforcement action against the Varum defendants and defendant... More...
   $0 (06-04-2019 - CA)

Southern California Gas Company v. The Superior Court of Los Angeles, First American Wholesale Lending Corporation, Real Party in Interest

This case concerns a massive, months-long leak from a
natural gas storage facility located just outside Los Angeles.
According to the allegations before us, the accident severely
harmed the economy of a nearby suburb. We must decide if local
businesses — none of which allege they suffered personal injury
or property damage — may recover in negligence for income lost
because... More...
   $0 (06-02-2019 - CA)

Tobias Kahan v. City of Richmond

Tobias Kahan purchased property in Richmond, California at a foreclosure sale.
Shortly before the sale, the City of Richmond (City) had recorded a “special assessment”
lien against the property for unpaid garbage collection fees, pursuant to a municipal
ordinance. When Kahan later sold the property, he had to pay the delinquent garbage
fees as well as administrative charges and esc... More...
   $0 (05-26-2019 - CA)

Ralph Colombo v. Kinkle, Rodiger & Spriggs

A vexatious litigant’s request to sue his attorneys for legal malpractice was
denied by the superior court, as was his motion for reconsideration of that request. This
court denied extraordinary relief. Undaunted, the vexatious litigant asked a different
presiding judge to give him leave to file the identical legal malpractice complaint. This
time, his request was granted and the c... More...
   $0 (05-20-2019 - CA)

Aurora Le Mere v. Los Angeles Unified School District

Appellant Aurora Le Mere was a teacher employed by the
Los Angeles Unified School District (LAUSD) for 13 years. In
2015, she sued LAUSD and six of its employees, alleging a
pattern of harassment, discrimination and retaliation against her
because she engaged in protected activities. She appeals from a
judgment of dismissal entered after the trial court sustained
LAUSD’s de... More...
   $0 (05-16-2019 - CA)

Mercury Insurance Company, Ricardo Lara, Consumer Watchdog, Intervenor and Appellant

Appeal from a judgment of the Superior Court of Orange County, Gail
Andrea Andler, Judge. Motion to strike portion of intervener’s reply brief and motion for
judicial notice. Motion to strike denied; motion for judicial notice granted. Judgment
reversed and remanded with directions.
Xavier Becerra, Attorney General, Diane S. Shaw, Assistant Attorney
General, Lisa W. Chao, Nhan ... More...
   $0 (05-12-2019 - CA)

Carolyn Cohen v. Kabbalah Centre International, Inc.

Appellant Carolyn Cohen and her company Here We Grow,
Inc., donated about a half million dollars to a San Diego spiritual
group called Kabbalah Centre International, Inc. (“Centre”).
Later Cohen wanted her money back. The trial court ruled she
had no such right. We reverse one of the trial court’s rulings that
concerns $25,000 and affirm all the rest.
I
We summarize the... More...
   $0 (05-08-2019 - CA)

William B. Look, Jr. v. Bela Penovatz

Appellant William Look, Jr. appeals an order of the trial court denying his request
for reimbursement under Family Code section 39501 for funds he expended while
Respondent Bela Penovatz’s then-minor son lived in Look’s household. During the
relevant period, Penovatz (the child’s father) paid child support, pursuant to a court order,
to the child’s mother, who cohabitated with Look... More...
   $0 (04-29-2019 - CA)

Margaret Summers v. Martine Colette


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While serving as a director of a nonprofit public benefit
corporation called Wildlife Waystation, Margaret Summers filedMore...
   $0 (04-16-2019 - CA)

David Dudek, as Trustee, etc. v. Anne Kebisek Dudek, Individually and as Trustee, etc.




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Petitioner David Dudek (David)1 appeals from a judgment entered after the trial
court sustained t... More...
   $0 (04-15-2019 - CA)

David Dudek v. Anne Kebisek Dudek

Petitioner David Dudek (David)1 appeals from a judgment entered after the trial
court sustained the demurrer of respondents Anne Kebisek Dudek,2 Tiffany Guzman,
Jeanette M. Kebisek, Mary J. Kebisek, Guillermo Andrade, Maria Sanchez, Ora H. Day,
Tonya Courtney, and Michael Quinn (the respondents) to David's petition (the Petition),
filed pursuant to the Probate Code, to recover mone... More...
   $0 (04-12-2019 - CA)

Vaiula Savea v. YRC Inc.

Plaintiff Vaiula Savea (Savea), employee of defendant YRC Inc. (YRC), filed a
complaint against YRC alleging YRC failed to provide the correct employer name and
address on its wage statements as required by Labor Code section 226,
subdivision (a)(8).1
The trial court sustained YRC’s demurrer to the complaint without
leave to amend, and Savea appeals. He contends the court erre... More...
   $0 (04-10-2019 - CA)

William B. Look, Jr. v. Bela Penovatz




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Appellant William Look, Jr. appeals an order of the trial court denying his request
for reimbursement under Family Code section 39501 for funds he expended while
... More...
   $0 (04-09-2019 - CA)

Kenneth K. York v. City of Los Angeles

Kenneth and Annette York (plaintiffs) own a 40-acre parcel
of land in the Hollywood Hills. In 2011, they sought approval
from the City of Los Angeles (City) to build a large house, guest
house, and recreational area on the property. To do so, they also
sought approval of nearly 80,000 cubic yards of grading—more
than 24 times the amount of grading permitted by right. The
Ci... More...
   $0 (04-06-2019 - CA)

Angela Rel v. Pacific Bell Mobile Services




The trial court dismissed this proposed class action lawsuit because plaintiffs
failed to comply with Code of Civil Procedure section 583.310,1 which requires an action
to “be brought to trial within five years after the action is commenced against the
defendant.” The main... More...
   $0 (04-02-2019 - CA)

Pang Yen Chen v. Sharmad Berenjian

After obtaining money judgments against Shazad Berenjian, Pang Yen
Chen sued him and his brother Sharmad Berenjian1
for fraudulent transfer under the
Uniform Voidable Transactions Act (UVTA), Civil Code section 3439 et seq., formerly
known as the Uniform Fraudulent Transfer Act (see Stats. 2015, ch. 44, § 3). Chen
alleged Shazad and Sharmad had attempted to thwart Chen’s attemp... More...
   $0 (03-29-2019 - CA)

Daniel Long v. Forty Niners Football Company, LLC

This is one of many personal-injury lawsuits filed by plaintiff Daniel Long after he
was assaulted following a professional football game. After almost two years of
litigation in San Francisco Superior Court against the San Francisco Forty Niners, Ltd.,
Long learned that the California limited partnership had converted into a Delaware
limited liability company, the Forty Niners Foo... More...
   $0 (03-27-2019 - CA)

George Zakk v. Vin Disel

This case involves a dispute over whether plaintiff and appellant
George Zakk is entitled to be paid and receive an executive producer
credit for a film that is a sequel to a film he had worked on and
developed. Zakk sued defendants Vin Diesel, One Race Films, Inc., and
Revolution Studios1 for breach of an oral contract, breach of an impliedin-fact
contract, intentional interfe... More...
   $0 (03-26-2019 - CA)

James Steinle v. City and County of San Francisco




The facts of this case are undeniably tragic. Kathryn Steinle (“Steinle”), a 32-year-old woman, was shot and killed by Juan Francisco Lopez-Sanchez, an undocumented alien with a criminal record, after he was released from custody by the San Francisco Sheriff’s Department. In this appeal, ... More...
   $0 (03-25-2019 - CA)

Ione Valley Land, Air, and Water Defense Alliance, LLC v. County of Amador, Newman Minerals, LLC, Real Parties in Interest

In 2012, the County of Amador (County) certified a final environmental impact
report (EIR) and approved the Newman Ridge Project (Project), an aggregate quarry and
related facilities near Ione owned by real parties in interest Newman Minerals and others
(Applicants). Ione Valley Land, Air, and Water Defense Alliance, LLC (LAWDA) filed
2
a petition for writ of mandate under the... More...
   $0 (03-24-2019 - CA)

James Alvin Jarvis v. Todd Henry Jarvis

Appellant Jarvis Properties is a limited partnership that owns a two-acre parcel of
land. Its two general partners—appellant Todd Henry Jarvis and respondent James Alvin
Jarvis (brothers)—each own a 50 percent interest in the partnership, which is less than the
majority consent required to act on behalf of the partnership (Corp. Code, § 15904.06,
subd. (a)). The general partners ca... More...
   $0 (03-20-2019 - CA)

Richmond Compassionate Care Collective v. 7 Stars Holistic Foundation

In 2011, pursuant to Richmond Marijuana Ordinance No. 28-10 NS (ordinance),
the City of Richmond issued a medical marijuana collective permit to Richmond
Compassionate Care Collective (RCCC). It was the first collective to obtain such a
permit.
Three other permits were later issued over the ensuing years, to: (1) Richmond
Patients Group (RPG), acting through principals William ... More...
   $0 (03-17-2019 - CA)

1305 Ingraham, LLC. v. City of Los Angeles

This appeal concerns the development of a mixed-use
commercial and affordable housing project at the intersection of
7th Street and Witmer Street in Los Angeles. Appellant 1305
Ingraham, LLC filed an administrative appeal challenging
respondent City of Los Angeles’s project permit compliance
review. The City scheduled but never held a hearing on the
appeal. A few days after... More...
   $0 (03-13-2019 - CA)

Citrus El Dorado, LLC v. Chicago Title Company

A commercial developer lost a parcel of real property in a trustee’s sale following
a nonjudicial foreclosure. It sued the title company that conducted the sale as a trustee.
In this opinion, we conclude that a trustee in such a sale is subject to tort liability only for
the violation of duties established by the deed of trust and governing statutes, unless the
trustee has effectiv... More...
   $0 (03-06-2019 - CA)

Eric Preven v. City of Los Angeles

This appeal concerns the statutory interpretation of one of the public
comment requirements of California’s open meeting law, the Ralph M. Brown
Act, Government Code section 54950 et seq.1
Appellant Eric Preven exercised
his opportunity to address a meeting of the Los Angeles City Council’s
Planning and Land Use Management Committee (PLUM). He was then
denied the opportun... More...
   $0 (03-05-2019 - CA)

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