Excerpt: ...itted a unitary memoran dum of points and authorities in opposition to the petition to confirm and in support of their petition to vacate. As an initial matter, the court notes that this petition appears to have been filed in this court based on the erroneous belief that Menlo Pa rk— where the arbitration occurred —is in Santa Clara County. (Petition, ¶ 15.) Menlo Park is in San Mateo County. Nevertheless, Respondents have not objected to ...

Excerpt: ...Stier's RV Center LLC dba Camping World RV Sales, and various Does. On November 27, 2023, Plaintiffs dismissed Heartland Recreational Vehicles LLC and filed a Doe amendment naming Forest River, Inc. (“Forest River”) as a defendant in place of “Doe 1.” Plaintiffs also filed the operative first amended complaint (“FAC”) on the same date. The FAC states eight causes of action: (1) Violation of the Song- Beverly Consumer Warranty Act (...

Excerpt: ...r damages of $513,976 .93 contained in AMS's cross-complaint. CHA has also requested monetary sanctions against AMS with respect to each motion. 1. The Documents Motion On the date that AMS's opposition to this motion was due, AMS apparently provided supplemental responses to the document requests and also produced “500+ pages” of documents. AMS now argues that this motion has been resolved and that no monetary sanctions should be awarded. In...

Excerpt: ...obert Killingsworth (collect ively, “Defendants”).2 Plaintiffs allege that Travelers had a duty to defend or indemnify them in six underlying actions, and that Defendants engaged in a conspiracy with several nonparties to prevent Plaintiffs from obtaining the contractual benefits und er its tenant's general commercial liability insurance policy. Travelers and Tancredy have now filed a motion for summary judgment addressing all of the remain...

Excerpt: ...f the permissive claims against the other cross -defendants. The court finds that defendants have not adequately explained how the crosscomplaint's allegations against Ahedo are compulsory in nature. As the court understands it, Ahedo's allegations against defendants are b ased on a claim of failure to pay proper wages under the Labor Code: Ahedo contends that Omega misclassified him and therefore failed to pay him overtime, to pay him for meal...

Excerpt: ...equest for a protective order to govern the conduct of De Luna's counsel, David Chun, at future depositions, as well as a request for $5,858.15 in sanctions against De Luna and Chun, based on their conduct at De Luna's December 18, 2023 deposition. On March 6, 2024, De Luna filed a motion for protective order to govern the conduct of GCS's counsel, Adam Khan, at future depositions. This motion included a request to compel further deposition test...

Excerpt: ... This matter was orig inally set for trial on April 2, 2024, but that date was continued to July 1, 2024 at the request of the parties. The court “barely” found good cause to continue that trial date but ultimately did so, given the ongoing, last -minute discovery disputes betw een the parties. (See March 7, 2024 Order at p. 6.) Those discovery disputes are now the subject of the present motions before the court. Doe 6 moves to compel answers...

Excerpt: ...nly over custody of the ir child, E.V., but also over E.V.'s gender identity. E.V. is currently four years old.1 According to the first amended complaint (“FAC”), E.V. attended SJDN's daycare for at least a year, during which time Defendants allegedly sided with Jorgensen and ag ainst Vieyra in affirming a male gender identity upon E.V., contrary to Vieyra's express wishes and instructions. (FAC, ¶ 8.) On October 4, 2022, Vieyra sent an ema...

Excerpt: ...an unauthorized surreply (l abeled a “reply”) dated May 2, 2024 —Huang requests that the award be vacated, even though he has not filed a separate petition or notice of motion to vacate the award.3 Accordingly, the only petition properly before the court is one to confirm the award. But because the parties have combined all of their arguments in favor of confirming or vacating the award into five different briefs for this hearing —and...

Excerpt: ...motion to compel further responses to interrogatories, and (3) a motion to compel further responses to requests for admissions. In addition, the City moves for monetary sanctions against defendants and their former attorney, Ana Vásquez, who withdrew from representation on Novemb er 21, 2023. Because Hitesh and Golden State are companies who are no longer represented by Vásquez or any other counsel, they are unable to appear, and they have not ...

Excerpt: ...al interrogatories; and (3) a motion to deem the truth of matters and the genuineness of documents specified in requests for admissions. In addition, Jabil has requested monetary sanctions in the amount of $30,825. Human Bees opposes the motions and requests $10,000 in sanc tions against Jabil. For the reasons that follow, the court GRANTS in part and DENIES in part the motion regarding documents; the court DENIES the motions regarding the inter...

Excerpt: ...rage duration for a SongBeverly case, though it is not unprecedented. The history of this case includes multiple discovery motions, multiple continuances of the trial date, and a summary adjudication motion filed by FCA as to one of the causes of action. The terms of the pa rties' settlement includes an award of attorney's fees, costs, and expenses to Plaintiffs as the prevailing party, but the parties are far apart in their views regarding the ...

Excerpt: ... Petition (“SAC”), p. 3 .)1 Father was a patient of Regional Medical Center (“RMC”) in San Jose from March 13, 2019 to March 21, 2019. (Id. at p. 4.) RMC diagnosed Father with “basic influenza”; he was subsequently transferred to Defendants' rehabilitation facility; and then D efendants failed to investigate his past medical history and “overmedicated” him, which compromised his health. (Id. at pp. 4 -5.) Defendants further negle...

Excerpt: ...egligence and Premises Liability. The Premises Liability attachment checks boxes for negligence and failure to warn but does not check the box for dangerous condition of public property, which is the only basis for a premises liability claim against a public entity. Th e complaint admits in paragraph five that the City is a public entity. The narrative allegations on the General Negligence attachment state: On July 28, 2020 at around 7:15 pm, Pl...

Excerpt: ...and Melvin agreed to pay for these services and expenses on or before the 20th of each month. (See Complaint, First Cause of Action, ¶ BC -1, Exhibit A.) Melvin and his father, Clarke Cooper (“Clarke”) (collectively, “Defendants”), signed a promissory note in which they agre ed to pay principal and interest of 10 percent per annum in monthly installments of $5,000 on the 21st of each month, beginning on May 21, 2016. (Complaint, Third Ca...

Excerpt: ...st supplement its response with a straightforward answer to this contention interrogatory. GRANTED. Special Interrogatory No. 2: Because the answer to this interrogatory relies entirely on the evasive and insufficient answer to Interrogatory No. 1, GM must supplement its response to this interrogatory with a straightforward answer. GRANTED. Special Interrogatory No. 3: Because the answer to this interrogatory relies entirely on the evasive and in...

Excerpt: ...ond amended complaint (“SA C”) on October 3, 2023, after the court overruled in part and sustained in part a demurrer to the first amended complaint. There are also cross -actions. Encore filed a cross - complaint against Hacker on June 9, 2023, stating causes of action for breach of fiduciary duty, conversion, common counts, and imposition of a constructive trust. Hacker brought a demurrer to this cross -complaint, which the court sustain...

Excerpt: ...case on July 5, 2023; it filed the operative first amended complaint (“FAC”) on November 2, 2023. This case is preceded by three other cases between Lebar and Kim that were filed in 2022: two unlawful detainer actions that are now closed, as well as a civil action for damages by Kim against Lebar that is scheduled to go to trial on September 30, 2024. The parties both conducted dental businesses at 1240 Scott Boulevard, Santa Clara, Califo...

Excerpt: ...act contract (based on Lerma's use of a credit card); (3) common count— money lent; (4) common count —money paid on request; (5) common count —open book account; and (6) common count — account stated. Attached to the complaint as Exhibit A is a copy of the Visa credit card agreeme nt upon which the first cause of action is based. (See Complaint, ¶ BC -1.) While the credit card agreement is not signed by either party, paragraph 1 states,...

Excerpt: ...ng trial date of July 1, 2024, the court GRANTS the motion. As an initial matter, the court agrees with Plaintiff that this proposed amendment comes extraordinarily late in the case, long after the original trial dates of May 30, 2023 and August 14, 2023. At the same time, the co urt is unmoved by Plaintiff's contention that this motion is an effort to “sandbag” him. Having reviewed the file in this case, including Judge Kuhnle's November 3,...

Excerpt: ...papers and the com plaint, the court rules as follows: 1. Fraud Causes of Action Although it is not entirely clear, it appears that the core allegations of Castro's complaint are fraud allegations, as set forth in the fifth cause of action (“violation of Civil Code § 1572”), sixth cause of action (“fraud”), and eighth cause of action (“intentional misrepresentation”). Castro contends that he defaulted on a home loan that was procure...

Excerpt: ... complaint does not identify any “Doe” defendants in paragraph 1, where all defendants are supposed to be identified. In paragraph 6, however, Sun has checked the box stating that Doe defendants “1 -5” were the “agents or employees of other named defendants.” The co mplaint does not allege compliance with any claim presentation requirement, as none of the boxes in paragraph 9 of the form are checked. In paragraph 10, where causes of ...

Excerpt: ...024. The primary ba sis for the District's demurrer was the claim that Assembly Bill 218 (“AB 218”), which amended the limitations period for bringing a childhood sexual assault claim under Code of Civil Procedure section 340.1, was unconstitutional under Article XVI, § 6 of the California Constitution, also known as the “Gift Clause.” The court ultimately rejected this claim and overruled the demurrer. (See January 23, 2024 Order.)3 Two...

Excerpt: ...ENIED IN PART. Fi rst, Steinberg Hart seeks further responses to Requests for Production Nos. 24, 25, and 26 from its second set of document requests, under section 2031.310. Z&L's responses consisted solely of objections, without any statement of compliance. But Z&L argu es in its opposition that these requests are duplicative of Requests for Production Nos. 4, 5, and 6, which were presumably contained in Steinberg Hart's first set of document ...

Excerpt: ...her responses to requests for production of documents, and (5) to compel compliance with requests for production of documents. In addition, Plaintiffs seek $7,429.00 in monetary sanctions against Surgicare. Because Plaintiffs' motion fails to demonstrate good cause for further responses to the document requests, and because the moving papers barely address the substance of the answers to the interrogatories, the court DENIES the motion in large p...