Excerpt: ...- Compel Duplicate Deeds. Plaintiff's claim to “compel duplicate deeds” is based on an allegation that two grant deeds relating to real property in Santa Clara County were stolen from a safe. (Complaint para. 65-69.) The Probate Court of this County fully adjudicated the issue of the deeds on the merits when it granted Defendant WALLACE's Rental Properties Petition. The Probate Court ruled that ROBERT had no valid property interest in the pro...

Excerpt: ... (30) days after written notice of entry of this order. Failure to timely file an amended pleading in compliance with this order may result in dismissal of this action. The Request for Judicial Notice of Private Defender Program Office (“PDPO”) is GRANTED. Defendant demurs to the Supplemental Complaint on the grounds that the claims are barred by res judicata, that the pleading is uncertain, and that insufficient facts are stated as to consti...

Excerpt: ...failed to (1) allege facts constituting a violation of the Homeowner's Bill of Rights (HBOR), (2) allege a timely tender of their indebtedness, or (3) establish that they were prejudiced by the alleged violations of the HBOR. Defendant contends, first, that Plaintiffs have failed to state facts constituting a violation of Civ. Code §§ 2923.7 or 2924.9. Civ. Code § 2923.7 provides that “[u]pon request from a borrower who requests a foreclosur...

Excerpt: ...of Peide An and Xiao Chen Liu is DENIED. 1. Section 1008(b) Is Inapplicable. IMUSIC asserts Code of Civ. Proc. section 1008(b) as the basis for this motion. (Notice of Motion at 2:7-8.) Section 1008, subdivision (b), however, pertains only to renewed motions. The present motion is not a renewed motion. The previous proceeding was Liu's and An's demurrer and the order sustaining demurrer. Since the present motion is not a renewal of any motion bro...

Excerpt: ...re exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. The clerk of the court is hereby ordered to seal the following doc...

Excerpt: ...efects from their prior motion, which the Court had denied on June 15, 2022. The present motion explains the new facts that rise the request to add Rona Maskan as a defendant and that the facts were discovered in April 2021. The present motion also includes the proposed pleading and an explanation of the new allegations. Plaintiffs promptly filed a 4th Amended Complaint on April 26, 2021. A. Plaintiffs Did not Act with Reasonable Diligence As to ...

Excerpt: ...eave to amend as to D & B. (Id. at 2:23-6:8.) As to Netwise, plaintiff pleads that its founder and CEO Dwight Gorall sexually assaulted and harassed her at a business event put on by plaintiff and her employer LiveRamp, Inc. (Cmplt. 3:6-4:9.) Civil Code 51.9 (sexual harassment): Plaintiff pleads that she helped host the LiveRamp "executive dinner for its clients and business partners" such as Gorall's Netwise at which Gorall groped and otherwise ...

Excerpt: ... pages 3 and 4, paragraphs 19, 21, 26‐29, 31, 34, 35, and items 4 and 7 of the Prayer for Relief in the SAC. Defendants maintain that these portions of the pleading are irrelevant and false. To the extent the Motion relies on the request for judicial notice, it is not well taken. If the documents were accepted as judicially noticeable, to the extent Defendants contest the factual allegations of the pleading it is an evidentiary matter that does...

Excerpt: ...ty Center, Redwood City. As to the merits, by this motion, Defendant moves for relief from its default on primarily equitable grounds. A court has inherent equitable authority to vacate a default at any time for extrinsic fraud or mistake, even when statutory relief is unavailable. (Luxury Asset Lending, LLC v. Philadelphia Television Network, Inc. (2020) 56 Cal.App.5th 894, 910.) A defendant seeking relief from its default must show generally al...

Excerpt: ...ining objections are OVERRULED. A party may move for summary adjudication of as to one or more claims of damages if the party contends that there is no merit to the claim. Cal. Code of Civ. Proc. §437c(f)(1). A defendant has met his or her burden on summary judgment of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action cannot be established. Cal. Code of Civ. Proc. §437c(p). Once...

Excerpt: ...roc. Sect. 438. Legal standard for MJOP. The grounds for an MJOP must appear on the face of the challenged pleading or be based on facts the court may judicially notice. Code Civ. Proc. Sect. 438(d); Tung v. Chicago Title Co. (2021) 63 Cal.App.5th 734, 758‐759. An MJOP assumes that all facts pleaded in the complaint are true, no matter how improbable. Serrano v. Priest (1971) 5 Cal.3d 584, 591; CrossTalk Productions, Inc. v. Jacobson (1998) 65 ...

Excerpt: ...asons set forth below. As a preliminary matter, the exhibits filed in support of this motion fail to comply with California Rules of Court rule 3.1110(f)(4). All future exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit. Failure to properly bookmark exhibits may result in rejection of the filing or continuance ...

Excerpt: ...Notice (filed in support of DMARC Advisor's 4‐19‐22 Demurrer to Plaintiff's Complaint). CRC 2.550 states that “a court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prej...

Excerpt: ... Sect. 452(d)); GRANTED as to Exhibits C, D, E, and F (Evid. Code Sect. 452(f) and (h)); and DENIED as to Exhibits G and H. Plaintiff's 11‐29‐22 Request for Judicial Notice is GRANTED. Evid. Code Sect. 452(d). DMARC Advisor B.V.'s 12‐5‐22 Request for Judicial Notice is GRANTED. Evid. Code Sect. 452(f) and (h). The Demurrer to the Fourth Cause of Action (fraud by concealment) is OVERRULED. Code Civ. Proc. Sect. 430.10(e). DMARC Advisor cor...

Excerpt: ...uest for Production of Documents, categories 1 through 4 and 6 through 16 is GRANTED as to all categories. Defendant's responses on March 1 and April 5, 2021, were blatantly insufficient. Defendant's May 20, 2022, response states that he conducted a diligent search and reasonable inquiry, but is “unable to comply” because the requested documents either never existed, had been destroyed/lost/stolen/misplaced, or has never been or no longer is ...

Excerpt: ...med consent—arising out of a shoulder surgery and bicipital tenodesis procedure performed by Bolanos on Plaintiff in 2019. (February 8, 2021 Complaint, p. 4.) By this Motion, Bolanos moves for summary judgment with respect to the action—and, in the alternative, summary adjudication with respect to these causes—on the grounds that Plaintiff cannot establish the elements of either claim and that the claims are time‐barred. A. Legal Standard...

Excerpt: ...rent.” MPA, p.4‐5. Defendant contends that “As such, the ThreeDay Notice to Quit upon which Plaintiffs' complaint is deemed waived, unenforceable, and cannot support a later judgment.” MPA, p.5. The Court agrees. Plaintiff's Complaint alleges that, on September 29, 2022, Plaintiff issued a Three‐ Day Notice to Quit for Breach of Covenant resulting from Defendant's failure to comply with prior notices to cure breaches of the parties' lea...

Excerpt: ...est Seller Ltd. (“Best Seller”) shall provide further responses to Request for Production Nos. 63–71 within thirty (30) days of entry of the Court's formal order. Best Seller and Mayer shall also meet and confer, and they shall file, by December 5, 2022, a stipulated request for entry of an appropriate protective order for the Court's signature as discussed below. By this Motion, Plaintiff Alexander Mayer seeks to compel the further respons...

Excerpt: ...ion must be based on “new or different facts.” (Code of Civ. Proc. § 1008, subd. (a).) The moving party must “show diligence with a satisfactory explanation for not having presented the new or different information earlier.” (Even Zohar Constr. & Remodeling, Inc. v. Bellaire Townhouses, LLC (2015) 61 Cal.4th 830, 839.) Plaintiff's motion presents facts that were not before the Court when the Court heard the underlying motion. (See Decl. ...

Excerpt: ... on the grounds that these causes of action are barred by the three‐year statute of limitations set forth in CCP § 338(b), pertaining to injuries to real property. According to Defendants, “The facts underlying the cause of action for nuisance and trespass are the construction of the concrete retaining wall and fence thereon. As alleged in this Memorandum of Points and Authorities, the facts underlying the Cause of Action for Trespass and, u...

Excerpt: ...emotional distress is SUSTAINED with leave to amend. The demurrer is OVERRULED with respect to the remaining causes of action. 1st, 2nd & 7th COA – Breach of Lease, Breach of Covenant of Good Faith & Fair Dealing, Violation of CLRA Defendants demur to Plaintiffs' first cause of action for breach of lease and second cause of action for breach of the covenant of good faith and fair dealing on the grounds that Plaintiffs are not parties to the Lea...

Excerpt: ..., Civ. Code Sect. 1714(a)”), the Demurrer is OVERRULED. Code Civ. Proc. Sect. 430.10(e), (f). Defendants' arguments lack merit. First, contrary to Defendants' contention, the 4AC sufficiently alleges an agency relationship between the demurring Defendants (the alleged owners) and Defendant Ma (the owners' alleged agent). The Demurrer argues that the 4AC does not allege any statements or actions by the owners/demurring Defendants, and only alleg...

Excerpt: ...ended Complaint (the “FAC”) on the basis that it fails to state sufficient facts to constitute a cause of action and that its claims are barred by section 230 of the Communications Decency Act (the “CDA”). Plaintiff John A. Fetto contends that the FAC sufficiently alleges facts supporting the breach of three separate promises and that the CDA does not bar his claims for these breaches. A. Legal Standard on Demurrer The purpose of a demurr...

Excerpt: ...ree, PARTIES ARE TO APPEAR. The parties are to be prepared to address whether Plaintiff is required to file a probate petition before proceeding with this action. Plaintiff alleges that she is the sole beneficiary and executor of decedent James Wilmoth's estate, but the parties indicate that no probate action has been filed. Plaintiff claims that Mr. Wilmoth's estate was a small estate that is statutorily exempt from probate, but then also acknow...

Excerpt: ...LC's Motion to Compel Race Technologies, LLC's Further Responses to Requests for Production and Request for Sanctions is GRANTED. Race Technologies, LLC shall provide further responses within thirty (30) days of written notice of the entry of this order. El Camino Motors, LLC (“El Camino”), by this Motion and its concurrently filed companion motion, seeks to compel further responses from Race Technologies, LLC (“Race Tech”) to specially p...