Excerpt: ...er than five (5) days after service of written notice of this order. Defendants demur to the Complaint under Code of Civil Procedure section 430.10, subdivision (e). They argue that the three -day notice to pay rent or quit (referred to as the “Notice”) served to them should have specified that payment of the overdue rent could be made by mail, rather than solely by personal delivery. “A valid three -day pay rent or quit notice is a prere...

Excerpt: ...plaint (“SAC”) is SUSTAINED WITHOUT LEAVE TO AMEND. (Code Civ. Proc. Sect. 430.10(e).) Hearing location. Defendants' 12 -28 -23 Notice of Demurrer incorrectly states that the hearing on this Demurrer will take place in the San Mateo courthouse. The hearing will take pla ce in Department 23, which is located to 400 County Center, Redwood City, Ca. Defendants' 12 -28 -23 Request for Judicial Notice (RJN) is GRANTED. (Evid. Code Sect. 452(d).) T...

Excerpt: ... Song and Kooyeon Son g (collectively, “the Songs”). On January 18, 2023, the Songs crosscomplained against Streamlined and added Cross -defendant Paul Hugh Johnson, “the principal and officer” of Streamlined, in his personal capacity. (Jan. 31, 2024 Declaration of Paul Johnson (“Johnson Decl.”), ¶ 2; see id., at ¶¶ 4– 5 [referring to Streamlined as “my corporation”].) The Songs attempted to serve process on Johnson via Strea...

Excerpt: ...in April 2019, ab out five years ago. In February 2020, Defendant served Plaintiff with Form Interrogatories, Special Interrogatories, and Requests for Production of Documents, which broadly asked Plaintiff to explain the claims that Plaintiff was asserting against Defendan t, and the basis therefore. Plaintiff did not … and has never … serve(d) responses to the discovery requests. In May 2020 and again in Jan. 2021, Defendant's counsel sent...

Excerpt: ... of Action for Medical Malpr actice is SUSTAINED with leave to amend based on failure to allege facts sufficient to support this cause of action. The elements of a cause of action for medical malpractice are: “(1) the duty of the professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the negligent conduct and t...

Excerpt: ...r. (CCP § 430.41.) Cross -D efendant also failed to file a declaration regarding its meet and confer obligations. (CCP § 430.41(a)(3).) Since insufficient meet and confer efforts are not grounds to overrule or sustain a demurrer (CCP § 430.41(a)(4)), and Cross - Defendant's special dem urrer is without merit, the Court will reach those merits and OVERRULE the demurrer on those ground separate and apart from the failure to meet and confer. Col...

Excerpt: ...re not recovera ble as of right or otherwise barred by statute. Id. at § 1033.5(c)(4). An award of costs is subject to the court's determination that those costs: (1) are reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its purpose; and (2) that the costs are reasonable in amount. Id. at § 1033.5(c)(2) –(3). To claim costs, the prevailing party must serve and file a memorandum of costs wit...

Excerpt: ...hether the se rvice provided to Defendant Caixing Xie is sufficient. Prior filings with this court show that Xie is likely incarcerated in China. Notice of Dismissal of Involuntary Bankruptcy Petition, filed Mar. 29, 2024, Ex. A, at 1 –2. However, Plaintiffs have only pr ovided notice to Xie's United States -based counsel. The due process clause of the Fourteenth Amendment of the United States Constitution requires that if a person is entitle...

Excerpt: ...ests for Admi ssions, Set One, to be deemed admitted. Defendants also request monetary sanctions. The motion to compel and for sanctions is GRANTED in its entirety, as set forth in further detail below. Interrogatories Defendants seek to compel responses, not compel f urther responses, as they contend that no response to their interrogatories was ever received. (Declaration of William H. Coke (“Coke Decl.”) in support of Motion.) Therefore, t...

Excerpt: ...an action or proce eding if it is contended that the action has no merit or that there is no defense to the action or proceeding.” (Code of Civ. Proc., § 437c, subd. (a)(1).) Summary judgment will only be granted “if all the papers submitted show that there is no triable iss ue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (Id., at subd. (c).) A defendant moving for summary judgment has an...

Excerpt: ... admissions (“RFAs”) were denied without objection or explanation from Plaintiffs Robert Michael and Ellen Williams (“the Williamses”). Having successfully defended himself from all twelve causes of action in the Williamses' suit, he claims that he is entitled to cost of proof sanctions. If a party is requested to admit the truth of any matter and fails to do so, and the propounding party subsequently proves the truth of that matter, the ...

Excerpt: ...action pending between the same parties due to the wrongful foreclosure of the property. Defendant claims that a wrongful foreclosure action (“foreclosure action”) was filed on August 22, 2023. (See Steven Yu v. FCI Lender Services, Inc. (Super. Ct. San Mateo County No. 23C IV03933).) Defendant has not requested judicial notice of the operative pleading in the foreclosure action to support this argument though. A demurrer may be used to chal...

Excerpt: ...20(g); Code Civ. Proc. § 472b.) Defendant City of San Mateo's Request for Judicial Notice is GRANTED as to all items for the purposes of this demurrer. The Complaint asserts a single cause of action against defendant City of San Mateo (City) for dangerous conditio n of public property. It alleges that plaintiff William Trapp was riding his bicycle along the Bay Trail in San Mateo when he “encountered orange barrier fencing that had entered his...

Excerpt: ...shall be verifie d and allege all of the following: (a) The date of recordation of the claim of lien. A certified copy of the claim of lien shall be attached to the petition. (b) The county in which the claim of lien is recorded. (c) The book and page or series number of t he place in the official records where the claim of lien is recorded. (d) The legal description of the property subject to the claim of lien. (e) Whether an extension of cred...

Excerpt: ...Proc., § 437c.) Accordingly, defendants' alternative Motion for Summary Adjudication is DENIED AS MOOT. (Code Civ. Proc., § 437c.) Hearing location. Defendants' January 11, 2024 Notice of Motion incorrectly states that the April 10, 2024 hearing will take place in the Redwood City courthouse. The hearing will take place in Department 28 in the San Mateo courthouse, which is located at 800 North Humboldt St., San Mateo, California 94401. Defenda...

Excerpt: ...nopposed motion for summary judgment against defendant Andreas Tzortiz (“Defendant”). This Court denied plaintiff's first motion for summary judgment due to procedural deficiencies with the proof of service. As to plaintiff's second motion for summary judgment, the Court fin ds that a rebuttable presumption of proper service has been established, and therefore proceeds to consider the merits of the motion for summary judgment. In ruling on...

Excerpt: ...fers to the Ca lifornia Rules of Court).) A motion for continuance is addressed to the sound discretion of the trial court. (Oliveros v. County of Los Angeles (2004) 120 Cal.App.4th 1389, 1395 (Oliveros).) Rule 3.1332(c) sets forth seven grounds for continuance upon a showing of good cause, mostly related to the unavailability of a party, essential lay or expert witness, or trial counsel due to death, illness, or other excusable circumstances. Th...

Excerpt: ...dently dete rmine whether a settlement is fair, reasonable and adequate. (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129 (Kullar) [“ ‘The court has a fiduciary responsibility as guardians of the rights of the absentee class members when deciding whether to approve a settlement agreement.' ”]; In re Microsoft I -V Cases (2006) 135 Cal.App.4th 706, 723.) After conducting its independent review, the court concludes that pl...

Excerpt: ...by 4:00 p.m. on April 8, 2024 that the tentative is contested, then the Court will adopt the tentative at the April 9, 2024 hearing and there will be no oral argument on the motion. Defendant Xuan Xu's Demurrer to Plaintiff Yifan Jiang's Verified First Amended Comp laint for Partition of Real Property is SUSTAINED in part with leave to amend and OVERRULED in part. Defendant Xuan Xu's Request for Judicial Notice is GRANTED as to all items. Plaint...

Excerpt: ... forth below. (1) Initial ly, the court notes that Plaintiff 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, Courtroom 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].) Plaintiff is cautioned to comply with this rule in the future. (2) Defendan...

Excerpt: ...s Third Cause of Action for Breach of Implied Warranties of Fitness and Merchantability under the SongBeverly Consumer Warranty Act (“Act”) based on failure to allege facts sufficient to support this claim. Defendant argues that Plaintiff has not alleged facts sufficient to support that he gave Defendant pre -suit notice to allow Defendant an opportunity to repair or replace the bicycle, as required under the Act. However, Defendant fails to ...

Excerpt: ...matter, Defendant The Charles Armstrong School (“the School”) fails to demonstrate it satisfied its meet -and -confer obligations. The Declaration of Kellie M. Murphy reveals that the parties' counsel only exchanged correspondence and did not “meet and confer in person, by t elephone, or by video conference” as required. (Code of Civ. Proc., § 430.41, subd. (a).) “A determination by the court that the meet and confer process was insuf...

Excerpt: ...graph 3 of the lease, Defendant PCHRG agreed to pay initial base rent of $15,500.00 monthly for the first two years of the lease, with annual increases thereafter. (See Compl. Ex. 1.) Under paragraph 3, the base rent increased to $17,505.00 on Jan. 1, 2023 and again to $ 18,030.00 on Jan. 1, 2024. Under paragraph 5 of the lease, PCHRG agreed to pay Plaintiff 100% of all real estate taxes assessed against the Premises as additional rent. Accordin...

Excerpt: ... liberal allow ance of amendments should prevail. Nestle v. Santa Monica (1971) 6 Cal.2d 920, 939. California courts have held that for an original complaint, whether or not the plaintiff has requested leave to amend, denial of leave to amend constitutes an abuse of disc retion unless the complaint is clearly incapable of amendment. Tarrar Enterprises, Inc. v. Associated Indemnity Corp. (2022) 83 Cal.App.5th 685, 688 (quoting King v. Mortimer (19...

Excerpt: ...g Plaintiff's time as a student at a high school run by the District, he was sexually assaulted by Perpetrator after being sent to be evaluated by Perpetrator, a psychiatrist, as part of a special education program. Plaintiff's claim against the District is brought under Govt. Code § 81 5.2, alleging negligent supervision and protection of a minor student. The District demurred to the FAC on the basis that Assembly Bill (“AB”) 218, which mod...