Excerpt: ...thout leave to amend. While, as Plaintiff points out, California decisions are mixed on whether unjust enrichment can constitute an independent claim or is merely an equitable remedy, the majority of cases hold that "unjust enrichment" does not properly state a cause of action. (Sepanossian v. National Ready Mix Company, Inc. (2023) 97 Cal.App.5th 192; Durell v. Sharp Healthcare (2010) 183 Cal.App.4th 1350, 1370.) As Plaintiff notes, some decisio...

Excerpt: ...On January 1, 2024, amended Section 1294, subdivision (a) of the Code of Civil Procedure became effective. The amendment adds the following: "Notwithstanding Section 916, the perfecting of such an appeal shall not automatically stay any proceedings in the trial court during the pendency of the appeal." On the basis of the amended statute Plaintiffs move to lift the automatic stay. The basis of Defendant's Opposition is that "No part of [the Code ...

Excerpt: ...e Section 452(c). A demurrer to a cause of action for breach of the implied covenant of good faith and fair dealing may be sustained when "the allegations do not go beyond the statement of a mere contract breach and, relying on the same alleged acts, simply seek the same damages or other relief already claimed in a companion contract cause of action." Levy v. Only Cremations for Pets, Inc. (2020) 57 Cal.App.5th 203, 215. In ruling on the Demurrer...

Excerpt: ...greement, and none of the exceptions under Code of Civil Procedure, section 1281.2 exists. Plaintiff opposes the motion on the ground that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA, codified at 9 U.S.C. 402(a)), which amends the Federal Arbitration Act, permits victims of sexual assault or harassment to pursue claims in court even if they are bound by a predispute arbitration agreement. The EFAA does not appl...

Excerpt: ...nse), impracticability (Seventh Affirmative Defense), and frustration of purpose (Sixth Affirmative Defense). The motion is DENIED as to Civil Code, section 1511 (Fourth Affirmative Defense) and force majeure (Fifth Affirmative Defense). Additionally, the Court SUSTAINS defendant's first evidentiary objection, and GRANTS each party's request for judicial notice. The instant dispute arises from a lease for commercial tenancy entered into by the pa...

Excerpt: ..., Redwood City, California 94063. Plaintiffs Empire Movers USA, Inc. and its chief executve officer Ruslan Vdovin (collectively "Empire") allege that sometime in early 2022, Empire sought a commercial space from which to conduct fts business and park fts trucks. (June 19, 2023 Complaint, "1 1-2, 10, 12.) Empire entered into a lease (the "Lease") for a space with an attached yard (the "Property") with the assistance of its brokers and agents, defe...

Excerpt: ...judication. One motion is scheduled for January 16, 2024 and one motion is scheduled for January 30, 2024. The court advances the January 30, 2024 moton to January 16, 2024. Defendant has previously brought motions to seal, which the court has granted without objection. Similarly, in these two motions to seal, defendant seeks to seal private information about former and current employees and confidential business information. For the same reason ...

Excerpt: ...nd she has not opposed the motion. On September 7, 2021, plaintiff, who was then represented by counsel, filed her complaint. On June 27, 2022, her counsel filed a motion to be relieved of counsel based upon the fact he was unable to communicate with her and she had been non- responsive. Plaintiff failed to oppose the motion, which motion the court granted on August 16, 2022. On September 16, 2022, plaintiff's former counsel provided notice of en...

Excerpt: ...n Haskell shall file their answer(s) pursuant to the Code of Civil Procedure and California Rules of Court. The court notes that on October 10, 2023, in ruling on the prior demurrer, the court stated that the action was still classified as an unlawful detainer action and, if plaintiff wanted to reclassify the action because it had possession of the property, it must take action to have the case reclassified. Plaintiff has not moved to reclassify ...

Excerpt: ...rrer, 4:7-18.) In order to prevail on a cause of action for breach of contract, a plaintiff must prove (1) the contract, (2) the plaintiffs performance of the contract or excuse for nonperformance, (3) the defendant's breach, and (4) the resulting damage to the plaintiff( Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186.) Existence of Contract Plaintiff and defendant jointly purchased the property located at 1326 Kentfield Ave, Redwood City, ...

Excerpt: ...shall be limited to the addition of only those allegations necessary to cure defects in the third cause of action as discussed below. A. Legal Standard on Demurrer The purpose of a demurrer is to test the legal sufficiency of the facts alleged in the operative complaint to see whether they state a cause of action under any legal theory, as a matter of law. (New Livable Cal. v. Association of Bay Area Gov'ts (2020) 59 cal.App.5th 709, 714-715; Gen...

Excerpt: ...aims. (Code of Civ. Proc. S 581, subd. (b)(l); CRC Rule 3.1390.) B. Changes to Paragraph 15 and Addition of New Paragraph 71. As to new allegations regarding representations on Defendant's website, the proposed changes are the wordings of website representations in Paragraph 15 and the addition of new Paragraph 71. In Paragraph 15, Plaintiff proposes deleting the alleged representation "Your gift card information is secure" and replacing it with ...

Excerpt: ...dicial notice shall or may be taken." Under Aguilar v. Atlantic Richfield (2001) 25 Cal.4th 826, the party moving for summary judgment has the burden of production to make a prima facie showing that there is no triable issue of any material fact. The burden then shifts to the nonmoving party to make a prima facie showing that there is a triable issue of material fact. Here, there is no opposition, so the moton should be granted if Plaintiff has m...

Excerpt: ...ry judgment. However, the proof of service accompanying the motion for summary judgment states that on "September 18, 2023, I served a copy of the foregoing document(s)" by U.S. Mail. The proof of service describes those documents as: Notice and Motion for Judgment on the Pleadings; Memorandum of Points & Authorities in Support Thereof; [Proposed] Order; [Proposed] Judgment. Moreover, the proof of service states that these documents were served o...

Excerpt: ... causes of action for: (1) Breach of Contract; (2) Prospective Interference with Prospective Economic Advantage; (3) Illegal Constructive Eviction; (4) Breach of the Covenant of Good Faith and Fair Dealing; and (5) Conversion. All five causes of action alleged in the Complaint are based on the same factual allegations that plaintiff and defendant Westlake Skyline Plaza, LLC entered into a First Amendment to Lease Agreement and Release of Guaranty...

Excerpt: ...ES BY 4:00 P.M. ON FRIDAY, DECEMBER 29, 2023, BUT THE ORAL ARGUMENT WILL BE JANUARY S, 2024 AT 2:00 P.M. RATHER THAN JANUARY 2, 2024. IF THE COURT DOES NOT RECEIVE NOTICE THAT THE TENTATIVE IS CONTESTED, THEN THE TENTATIVE WILL BE ADOPTED AT THE JANUARY 9, 2024 HEARING. The Motion of Plaintiffs/cross- Defendants Thomas Robert arouchoud and Lynda Elaine Flores arouchoud, Trustees of the Thomas Robert Brouchoud and Lynda Elaine Flores Brouchoud Tru...

Excerpt: ...8:104, 18:106 (Oct. 2023 update).) On November 30, 2023, defendants timely filed a notice of intention to move for a new trial which lists six grounds for a new trial: "1. Irregularity in the proceedings of the court, jury or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial. 2. Accident or surprise, which ordinary prudence could not have guarded against. 3. Newly discover...

Excerpt: ...of service of the Order Shortening Time ("OST") as ordered. However, Defendants filed a substantive opposition, and do not raise any issue regarding Plaintiff's failure to serve the OST. Therefore, it appears Defendants received adequate notice of this Motion and the OST. Plaintiff is reminded to comply with such service requirements in the future or else the Court may be inclined to deny the Motion for failure to establish proper service. "The c...

Excerpt: ...y Fried shall provide further responses to Special Interrogatories, Set Three, nos. 35, 37, 38 (partial) and 42 and Requests for Production, Set Three, nos. 17, 19, and 22 no later than February 6, 2024. Plaintiff Daniel Jay Fried shall produce all documents responsive to Requests for Production, Set Three, nos. 17, 19, and 22 no later than February 6, 2024. As a preliminary matter, this motion was previously set to be heard on December 19, 2023....

Excerpt: ...ARY 9, 2024 AT 2:00 P.M. RATHER THAN JANUARY 2, 2024. IF THE COURT DOES NOT RECEIVE NOTICE THAT THE TENTATIVE IS CONTESTED, THEN THE TENTATIVE WILL BE ADOPTED AT THE JANUARY S, 2024 HEARING. PLAINTIFF PROVIDED NOTICE THAT HE IS CONTESTING ON JANUARY 1, 2024. The instant action turns on Plaintiff's allegations surrounding a motor vehicle crash and the resultant injuries Plaintiff suffered. Defendant now moves to compel responses to the thirteen re...

Excerpt: ...e the Clerk's Judgments and Set a New Trial (motions to vacate). Plaintiffs and third-party California Department of Industrial Relations, Division of Labor Standards Enforcement, Labor Commissioner object. Initially, the court notes that Manalo has provided the improper address for the hearing. Department 4 is not located in Redwood City as the notice states, but instead at the Central Courthouse, Department G, 800 North Humboldt St„ San Mateo...

Excerpt: ...ntral Courthouse, Department G, 800 North Humboldt St., San Mateo, CA 94401. (See Cal. Rules of Court, Rule 3.1110 [the Notice "must specify" the location of the hearing].) Since defendant is in pro per, plaintiffs are to contact defendant by 4:00 p.m. on January 8, 2024 to provide him with the proper location for the hearing. Zoom appearances are allowed. The court also notes that plaintiff's motion does not comply with the requirements of Calif...

Excerpt: ...een the parties. (Code of Civ. Proc., S 452; Saxer v. Philip Morris Inc. (1975) 54 Cal.App.3d 7, 18.) The demurrer admits the truth of all material facts properly pleaded (i.e., all ultimate facts alleged, but not contentions, deductions or conclusions of fact or aw). (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 952, 966-967.) The court grants defendant's request for judicial notice. ((Lockhartv. MVM, Inc. (2009) 175 Cal.App.4th 1452, 1460 [ju...

Excerpt: ...TIMOTHY ALEXANDER TENTATIVE RULING: The Motion of Defendant Timothy Alexander ("Defendant") to Compel Further Responses to Form Interrogatories, Set 1, Special Interrogatories, Set 1 and Request for Production, Set 1, from Plaintiff Ole Ventures Inc. ("OVI") and Request for Sanctions is ruled on as follows: (1) The Motion to Compel Further Responses to Form Interrogatories and Special Interrogatories is DENIED as untimely. A motion to compel furt...

Excerpt: ...g a "Shareholder Agreement" ("Agreement") entered into on April 1, 2016 by Plaintiff Ester Uziel ("Plaintiff") and her son, Defendant David uziel ("Defendant"). The Agreement, attached as Exhibit A to both Plaintiff's initial verified Complaint and her unverified First Amended Complaint ("FAC") contains an arbitration provision at paragraph 9.1, which reads: "If a dispute arises out of or relates to this Agreement or its breach, the parties agree...