Excerpt: ...hin two years of the sale of the all the subject properties and the time when profits were required to be divided. To the extent that the first parcel was sold more than four years prior to the filing of this lawsuit, it is unclear whether any distribution of profits was triggered, as the Consulting Agreement sets forth a "waterfall" of payments to be made before any profit distribution, and the Court was not provided with sufficient evidence and...

Excerpt: ...der both Buchalter and Jaffer to pay me my share of the said properties as set out in the Operating Agreements." Deft.'s MPA, at p. 5. Defendant's motion, however, is both substantively and procedurally defective. The moton is procedurally defective because it fails to comply with the California Rules of Court relating to the formatting and content of the motion. First, Defendant's moton is single-spaced, in violation of Rule 2.108. Second, Defen...

Excerpt: ...-complaint, which applies to the First Amended Verified Cross-complaint pursuant to stipulation of the parties, is DENIED. Cross-Defendant's Objections to Evidence are OVERRULED. Cross-Defendant's Evidentiary Objections Cross-Defendant's objections to exhibits submitted by Cross-complainant are substantially premised on the litigation privilege, Cal. Civ. Code, S 47, subd. (b). This privilege "applies to any communication (1) made in judicial or ...

Excerpt: ...2021). The Court GRANTS Defendant's Request for Judicial Notice of Defendant's Exh. A (Complaint), but not for the truth of its contents (Cal. Evid. Code, S 452, subd. (d)(l)); and Exh. C (Judgment). The Court GRANTS Defendant's Request for Judicial Notice of the existence of Exh. B (De Melo Declaration), but DENIES Defendant's Request for Judicial Notice of the contents of Exh. B, with the exception of paragraphs 1-2 thereof, on the ground that ...

Excerpt: ...USTAINED WITHOUT LEAVE TO AMEND as to the first, second, and seventh causes of action; and OVERRULED as to the third and sixth causes of action for the reasons set forth below. Plaintiffs Kamipeli Finau and Ateliana Finau shall file a second amended complaint no later than ten (10) days after written notice of this order. Defendants New Rez, LLC and The Bank of New York Mellon's Request for Judicial Notice is GRANTED as to the existence of the do...

Excerpt: ...ot plead facts establishing that C&W and/or Pope were negligent or breached any fiduciary duty owed to Plaintiff Cheese Bear, LLC ("Cheese Bear") or April Lee, DDS, MS, Inc. ("Lee," and collectively, Plaintiffs). Plaintiffs' lengthy Complaint includes numerous allegations of concealment and/or misrepresentation by the sellers of the property (that is, the Vorsatz Defendants), but it alleges almost no facts pertaining to these demurring Defendants...

Excerpt: ...cer. (Complaint at 42; Javer Dec. at '1 4.) In Defendants' conditional non- opposition to Plaintiffs' motion, Defendants do not dispute that Plaintiffs are entitled to a trial preference pursuant to Code Civ. Proc. S 36(a). Accordingly, the Court finds that, pursuant to CCP S 36(a), Plaintiff has demonstrated a substantial interest in this action and that her health is such that a preference is necessary to prevent prejudicing her interest in the...

Excerpt: ... filed on December 20, 2018. A First Amended Complaint was filed on August 17, 2020. Defendant was substituted as Doe Defendant no. 1, and was served with the summons and complaint on September 14, 2022. (Mitrione Decl. 1-2.) A "summons and complaint shall be served upon a defendant within three years after the achon is commenced against the defendant." (Code of Civ. Proc. ("C.C.P.") S 583.210(a).) An action is "commenced" at the time the complai...

Excerpt: ...est for Judicial Notice is GRANTED pursuant to Cal. Evidence Code secton 452(d). In an action is for injury to person or personal property or for death from wrongful act or negligence, the superior court in either the county where the injury occurs or the injury causing death occurs or the county where the defendants, or some of them reside at the commencement of the action, is a proper court for the trial of the action. Cal. Code of Civil Proced...

Excerpt: ... three payment options in accordance with Code of Civil Procedure section 1161(2). The Court agrees with Defendant. Pursuant to CCP S 1161(2), a three-day notice must provide the following information relating to how payment may be made: (1) "the amount that is due, the name, telephone number, and address of the person to whom the rent payment shall be made, and, if payment may be made personally, the usual days and hours that person will be avai...

Excerpt: ... does not state that non-renewal of lease will render termination of the tenancy. The notice should have given the opportunity to cure. This did not happen because the notce was to quit without the opportunity to perform." The argument lacks merit. The Notce expressly states that rent was not paid by February 1, 2023, and it sets forth explicit instructions on how and where to pay the delinquent rent. The Notice is sufficient. Defendant's argumen...

Excerpt: ...chester's Personnel Records is GRANTED IN PART for the reasons set forth below. San Mateo Police Department shall produce the documents in Noah Winchester's personnel records as identified below for in camera review in Department 21 on a date to be set on June 9th. Plaintiffs are ordered to produce the information in the possession of their counsel derived from Noah Winchester's personnel records for in camera review in Department 21 on a date to...

Excerpt: ...nd 576. The Court, in its discre
Ÿon, has proceeded to the merits of the Mo
Ÿon despite the moving par
Ÿes' ini
Ÿal failure to comply with Cal. Rules of Court, rule 3.1324(a) and (b). The Zakaria Decl. in support of the Reply provides the required informa
Ÿon. Bank of America (“BOA”) argues that because it is not being added as a Doe Defendant, the rela
Ÿon back doctrine does not operate to circumvent the statutes of limita
Ÿons that a...

Excerpt: ...in of Bell's/Galisha's Cross-claims as Moot," filed 2-27-23, are DENIED. DFS' Requests for Judicial Notice, filed 2-27-23, are GRANTED. Evid. Code Sect. 452(d). Background. In these consolidated cases (19ClV07192 and 19ClV0794), plaintiff/Cross-Defendant DFS has sued two former employees, Roxanne Bell and Diosdado Galisha, for trade secret misappropriation and breach of contract. DFS' breach of contract claims against both Bell and Galisha allege...

Excerpt: ...). Cross-complainant's Request for Judicial Notice is DENIED. To the extent Cross-complainant seeks to rely on the substance of the Contractors State License Board License Exam Study Guide, the material constitutes hearsay for which no exception has been identified. The document is not relevant to the proceeding without relying on its contents. Cross-Defendant's objections to this request are therefore sustained. Cross-complainant has a C-23 Orna...

Excerpt: ... probable validity of the claim, (3) the attachment is not sought for any purpose other than to secure recovery on the claim, and (4) the amount to be secured is greater than zero. CCP S 484.090. Except as otherwise provided by statute, a claim is one upon which an attachment may be issued: (1) in an achon on a claim or claims for money, (2) based upon a contract, express or implied, and (3) where the total amount of the claim or claims is a fixe...

Excerpt: ...Anthony J. Martinez ("Mr. Martinez") is to bring a copy of all Operating Agreements to the hearing. 2. Who are the "current lien holders" to whom Mr. Martinez stated in his May 17, 2023 email to Plaintiff's counsel that he would deed cwer the property? See Domingue Decl., Exh. B. 3. What are the terms of any loans from the lien holders or the basis of any liens? 4. What is the current valuation of the property, and what is the current amount owed...

Excerpt: ...tiff and Cross-defendant Puja Gupta ("Gupta") no later than thirty (30) days after service of written notce of this order. De Martini's Request for Judicial Notice is GRANTED as to exhibits A—I as to the existence of the documents as court records but not as to "the truth of matters stated therein." Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal.App.4th 1366, 1375. As a preliminary matter, the Notice of Motion lists the incorrect ad...

Excerpt: ...tions, filed April 6, 2023, is CONTINUED-IN-PART (to July 18, 2023), and DENIED-IN-PART. A. Non-compliant briefs 80th parties' Memoranda of Points and Authorities exceed the 15-page limit. Cal. R. Ct., Rule 3.1113(d). See Plaintiff's April 6, 2023 Memorandum (23 pages) and FCA US, LLC's May 10, 2023 Opposition brief (18 pages). Plaintiffs' non-compliant Memorandum is accompanied by a 100+ page Separate Statement, and a 485-page supporting declara...

Excerpt: ...DERS evidence sanctions and monetary sanctions, as set forth below. A. Terminating Sanctions Plaintiff failed to respond to form interrogatories, special interrogatories, and a request for production of documents. Following an informal discovery conference, the Court ordered Plaintiff to respond to all three sets of discovery. Plaintiff eventually provided responses to the form and special interrogatories, but not the document requests. The Court...

Excerpt: ...indicating that Geico committed acts that "were the legal (proximate) cause of injuries and damages to plaintiff." Complaint, 'l MV-I. The Court agrees. Because there are no facts to indicate that Plaintiff's injuries were caused by Geico, Plaintiff cannot state a cause of achon for negligence against Geico resulting from the alleged motor vehicle accident. Geico further asserts that a direct action against an insurer is not allowable until after...

Excerpt: ...hnson and Rose Johnson shall file a second amended complaint no later than ten (10) days after service of written notice of this order. Defendants Compass California II, Inc. ("Compass") and Joe Velasco demur to the tenth cause of action for fraudulent concealment set forth in Plaintiffs Dennis Johnson's and Rose Johnson's First Amended Complaint (the "FAC")— pursuant to Code of Civil Procedure section 430.10, subdivision on the grounds that it...

Excerpt: ...or "Creditor's Claim Deemed Rejected." (SAC 33-43.) The SAC states that Plaintiff previously filed a creditor's claim in the related pending probate action, Estate of Omid Tabatabai, San Mateo Superior Court Case No. 22PRO[n832 ("probate action"). (SAC '134.) The SAC alleges that Defendants failed to take action on the creditor's claim, and therefore Plaintiff exercises its option to deem the creditor's claim as rejected. (SAC 38-42.) Since a cre...

Excerpt: ...urchased the vehicle. Richards's purchase was financed, creating a lien immediately upon the sale. Defendants towed the vehicle pursuant to Vehicle Code section 22651, resulting in an immediate lien "for caring for and keeping the vehicle safe." (Veh. Code S 22851, subd. (a)(l).) Plaintiff's lien is superior to Defendants' lien, having been created and having attached first. The owner of a vehicle towed pursuant to Section 22651 has a right to re...

Excerpt: ...Nicole Santacroce reached a settlement agreement with the moving defendants following negotiations with arbitrator and mediator David Hamerslough wherein Defendants are to pay Plaintiffs in exchange for a dismissal with prejudice as to Lurline Assets Group, LLC and Oscar Lito Jaojoco and a release of all claims, including a waiver of Civil Code Secton 1542, with each party agreeing to pay its own attorneys' fees and costs. A determination that th...