Excerpt: ...dicial Notice (Agritech's Bankruptcy Petition). (Cal. Ev. Code §452.) Cross-Defendant's Request for Judicial Notice is GRANTED as to the existence of the documents, but not as to any hearsay statements therein as to Exhibits 1, 2, and 3 of the Dombrosky Declaration. Exhibits 1, 2, and 3 of the Dombroksy Declaration seek judicial of various contracts and agreements at issue in this case—Term Sheet for Series A Preferred Stock Financing; Vertica...

Excerpt: ...g portions of Plaintiff's proposed FAC pursuant to CRC § 2.550 and 2.551. Unless confidentiality is required by law, court records are presumed to be open to the public. (CRC 2.550(c).) Therefore, pleadings, motions, discovery documents, and other papers may not be filed under seal merely by stipulation of the parties. A prior court order must be obtained. (CRC 2.551(a); see H.B. Fuller Co. v. Doe (2007) 151 CA4th 879, 888.) At a minimum, a part...

Excerpt: ...Farm”) moves for summary judgment, or alternatively, summary adjudication of issues pursuant to CCP § 437c. A defendant moving for summary judgment/adjudication has met its burden of showing a cause of action has no merit if the defendant can show one or more elements of the plaintiff's cause of action cannot be established. (CCP 437c(p)(2).) Defendant State Farm moves for summary adjudication of the following issues: ISSUE 1 Defendant contend...

Excerpt: ...of Vegas Retail, Inc; MMNV2 Holdings I, LLC, MMNV2 Holdings V, LLC; MMOF Fermont Retail, Inc.; MedMen NY, Inc.; MME Flordial, LLC; Adam Bierman; Andrew Modlin, and Does 1 through 25. The complaint alleges eight causes of action for: (1) Breach of Contract – Demotion; (2) Breach of the Implied Covenant of Good Faith And Fair Dealing; (3) Breach of Contract – Termination Without Cause; (4) Breach of Contract – Refusal to Pay Legal Fees and Ex...

Excerpt: ...equires both an ascertainable class and a well- defined community of interest among class members.” (Gattuso v. Harte-Hanks Shoppers, Inc. (2007) 42 Cal.4th 554, 575.) “The ‘community of interest' requirement embodies three factors: (1) predominant questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class.'” (Id.) Plaintiff GUTIERR...

Excerpt: ...er Enterprises, Inc., Plaintiff's predecessor-in-interest, and Defendants entered into a 5-year commercial lease. Defendant breached the lease, and abandoned the property on 2/22/18. Plaintiff mitigated damages by leasing the space to a new tenant on 9/24/18. Damages total $215,088.96. MSJ MSJ A Plaintiff has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action...

Excerpt: ... will be CONTINUED, and the Clerk will notify the parties of the continued hearing date. #4 TENTATIVE ORDER I. Defendant Empire Transportation, Inc.'s demurrer to first amended complaint is SUSTAINED without leave to amend as to the 4 th cause of action, and SUSTAINED as to the 3 rd cause of action. The court will hear from Plaintiff regarding any grounds warranting leave to amend the 3rd cause of action. II. Defendant Empire Transportation, Inc....

Excerpt: ...f the court's tentative ruling. The court may adopt, modify or reject the tentative ruling after considering the parties' oral arguments. The tentative ruling will have no legal effect unless adopted by the court. No notice of intent to appear is required. If you wish to submit on the tentative decision, you may send a telefax to Judge Borrell's secretary, Claudine Nesbitt, at 805‐477‐ 5894, stating that you submit on the tentative. A copy of...

Excerpt: ... alleged contemnor…. Hence a contempt proceeding is one where oral testimony is permitted by statute…. [¶] [T]he trial court [is] empowered to hear the matters before it upon declarations and to exclude oral testimony.” (Reifler v. Superior Court (1974) 39 Cal.App.3d 479, 484-485.) On December 11, 2019, this Court issued an Order to Show Cause Re Contempt ordering Defendants to appear and show cause as to why: Defendants should not be held...

Excerpt: ...erminating Sanctions CCP §2023.010 includes: “(d) Failing to respond or to submit to an authorized method of discovery” and “(g) Disobeying a court order to provide discovery.” CCP §2023.030 provides, in part: “To the extent authorized by this chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, may impose the [sanctions] against anyone engaging in condu...

Excerpt: ... Code Claim only seeks $15,000.00 in damages. In Opposition, Plaintiff argues that BUSD's is untimely and that BUSD has not shown that the matter will “necessarily” result in a verdict below $25,000.00. “If a party files a motion for reclassification after the time for that party to amend the party's initial pleading or respond to a complaint, cross-complaint, or other initial pleading, the court shall grant the motion and enter an order fo...

Excerpt: ...arties to give NOTICE. Defendants Southern California Specialty Care, LLC, Kindred Healthcare Operating, LLC, Kindred Hospitals West, LLC, Kindred Nursing Centers Limited Partnership, and Kowalski move to compel arbitration pursuant to the Federal Arbitration Act and CCP 1281.2. A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as ...

Excerpt: ...est for judicial notice is GRANTED as to the existence of the document, but not as to any hearsay statements contained therein. (Cal. Ev. Code §452.) This action for wrongful foreclosure was filed by Plaintiffs ERIC GONSALEZ and ARIANA CRUZ on July 8, 2019. The relevant facts, as alleged, are as follows: “Defendants have been conducting foreclosure activities under the guise of loss mitigation review. This process brings high commission/fee fo...

Excerpt: ...SICA APARTMENTS. Allegedly, during the course of their tenancy, Plaintiffs notified Defendants of numerous health and safety issues at the CORSICA APARTMENTS at various times throughout the course of their tenancies. “[O]n the evening of February 22, 2918, a highly destructive fire (the ‘fire') raged through the CORSICA APARTMENTS, PLAINTIFFS are informed and believe that the fire began in or around the third floor and spread through the CORS...

Excerpt: ...earing on the motion for summary adjudication on the first cause of action to provide Plaintiff with an opportunity to cure defects as to the foundation for certain evidence. The hearing is CONTINUED to Thursday, September 19, 2019 at 1:30 p.m. in Dept. SE-C. Plaintiff is to provide any additional evidence before 10:00 a.m. on Friday, September 6, 2019. Defendant AHEER may provide further response to the evidence before 10:00 a.m. on Friday, Sept...

Excerpt: ...dants' US WAREHOUSE, INC.; MIZARI WEST ENTERPRISES, INC.; and MIZARI ENTERPRISES, INC.'s Demurrer to Plaintiff's Second Amended Complaint is SUSTAINED without leave to amend. CCP §430.10(e). Moving Party to give Notice. This action for breach of contract was filed by Plaintiff NORTH BAY DISTRIBUTION, INC. on July 16, 2018. The relevant facts, as alleged, are as follows: “On or about May 20, 1999, Team Freight Systems, Inc…. entered a commerc...

Excerpt: ...April 15, 2019, asserts the following causes of action: (1) Violation of Cal. Civ. Code §2923.7; (2) Breach of Contract; (3) Breach of Implied Covenant of Good Faith and Fair Dealing; (4) Negligence; and (5) Unfair Business Practice. Defendant demurs to all causes of action based on CCP § 430.10(e). Defendant's request for judicial notice is GRANTED with respect to the existence of the documents, but not as to any hearsay statements contained t...

Excerpt: ...of attachment in the sum of $144,480.32. At the hearing, the court shall consider the showing made by the parties appearin g and shall issue a right to attach order, which shall state the amount to be secur ed by the attachment determined by the court in accordance with Section 483.01 5 or 483.020, if it finds all of the following: 1. The claim upon which the attachment is based is one upon which an attachment may be issued 2. The plaintiff has e...

Excerpt: ...issue sanction, evidence sanction, terminating sanction, and contempt sanction. (CCP § 2023.030.) The sanctions the court may impose are such as are suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks, but the court may not impose sanctions which are designed not to accomplish the objects of discovery but to impose punishment. (Laguna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal.App.3...

Excerpt: ...taken of Defendant's exhibits. (Ev. Code 452.) Procedural History On May 29, 2015, Khulood Cotta (“Khulood” or Decedent) filed an action for breach of contract against Plaintiff Shamaan (Case No. BC583501). (FAC, ¶21.) On August 3, 2016 Judgment was entered in favor of Khulood and against Plaintiff for three properties: 1) the Humboldt Property; 2) the Florence Property; and 3) the Wilcox Property. Plaintiff alleges that Khulood had an oral ...

Excerpt: ... is MOOT. IV. Defendant KYU SANG KIM's motion to strike portions of Plaintiff's Complaint is MOOT. Moving Party(s) to give notice. Defendants' Requests for Judicial Notice are GRANTED as to the existence of the documents, but not as to any hearsay statements contained therein. (Cal. Ev. Code §452.) This action for contractual fraud was filed by Plaintiff MICHELLE KIM on January 17, 2019. The relevant facts, as alleged, are as follows: “Plainti...

Excerpt: ...it is $44,752.34, and an undertaking of $10,000.00 is ordered as provided for by statute. CCP §489.220. Moving Party to give notice. Demurrer This action for breach of contract was filed by Plaintiff INTERPOOL, INC. on April 10, 2019. Plaintiff's Form Complaint asserts the following causes of action: (1) Breach of Contract; (2) Common Counts – Account Stated; (3) Common Counts – Services Rendered; and (4) Unjust Enrichment. Plaintiff alleges...

Excerpt: ...taken of Defendant's exhibits. (Ev. Code 452.) Procedural History On May 29, 2015, Khulood Cotta (“Khulood” or Decedent) filed an action for breach of contract against Plaintiff Shamaan (Case No. BC583501). (FAC, ¶21.) On August 3, 2016 Judgment was entered in favor of Khulood and against Plaintiff for three properties: 1) the Humboldt Property; 2) the Florence Property; and 3) the Wilcox Property. Plaintiff alleges that Khulood had an oral ...

Excerpt: ...il to state facts sufficient to constitute a cause of action and are uncertain. The Second Amended Complaint (“SAC”) alleges that the real estate Defendants defrauded Plaintiff into signing a loan that disproportionately benefited Defendants. Based on these facts, the SAC asserts causes of action for: 1. Quiet Title 2. Professional Negligence 3. Breach of Fiduciary Duty 4. Intentional Misrepresentation 5. Negligent Misrepresentation 6. Conspi...

Excerpt: ...Plaintiff has since withdrawn the 12 th and 20 th causes of action. Therefore, the court will only address the remaining causes of action.] The Second Amended Complaint (“SAC”) alleges that Plaintiff's daughter (Sandra Santoyo) and her son-in-law (Robert Santoyo) tricked Plaintiff into transferring title to her property to them through fraud, forgery and undue influence. Plaintiff alleges that the Serrato Defendants purchased the property fro...