Excerpt: ...Causes of Action, or Allegation Therein is GRANTED pursuant to Calif ornia Code of Civil Procedure Section 425.16, as follows: Plaintiff's Request for Judicial Notice is GRANTED pursuant to California Evidence Code Section 452(d). Defendant's objections Nos. 9 and 10 to paragraph 10 of the Declaration of Charles Norman are SUSTAINED. Defendant's remaining evidentiary objections are OVERRULED. Defendant's points and authorities, exclusive of the c...

Excerpt: ...hat, to the exten t authorized by any particular discovery method, the court may impose monetary, issue, evidence or terminating sanctions. Code of Civil Procedure §§2030.290(c) and 2031.300(c), which govern interrogatories and requests for production of documents, state that if a party fails to obey an order compelling a response, the court may make those orders that are just including the imposition of an issue sanction, an evidence sanction ...

Excerpt: ... to pay $91,575.00 that is indisputably due thereunder. Plaintiff further alleges that Defendant agreed to pay by a date certain, but again breached its promise to pay and instead falsely accused Plaintiff of defaming it, and threatened to file a baseless defamation lawsuit against Plaintiff to obtain leverage in negotiating a discount of the balance due. Defendant brought a special motion to strike under the anti -SLAPP statute, directed at the ...

Excerpt: ... from Defendants Sergio Sanchez and Warren Baker (together, the “Sellers”), the former owners. Defendant Glengarry Construction Inc. (“Glengarry”) is a licensed general contractor solely owned by Defendant W arren Baker. Glengarry performed the Sellers' remodel work at the property. Defendant AW Santa Clara Valley, Inc. (“Keller”) formerly known as Keller Williams Santa Clara Valley Inc. is a real estate broker which served as a dual ...

Excerpt: ...on 4 and 8). Plaintiff is GRANTED LEAVE TO AMEND the thir d cause of action for breach of contract. 1. Background This action arises from the alleged fraudulent conduct, financial mismanagement, and breaches of fiduciary duty by Defendant's business, Healthy Environmental Products, Inc. (hereinafter “HEPI”) and its Principal, Director and CFO, Defendant Muenchow, with respect to Plaintiffs and the loans Plaintiffs made to HEPI. Plaintiff Engl...

Excerpt: ...l Technician i n the Accounting and Payroll Department in 2000. (Certified Administrative Record [CAR], at p. 127.) Her duties were to “prepare classified and certificated payrolls as assigned including regular, variable, and supplemental payrolls; review and audit employee attendance recap reports, and calculate leave time use deductions” for certificated personnel (e.g., teachers or counselors), while another payroll technician was assigned...

Excerpt: ...ught a motion fo r a good faith settlement determination between itself, Boneso Brothers Construction, Inc. (Boneso); Quality Erectors and Construction Co., Inc. (Quality); Dolan Concrete (Dolan); Sheet Metal Systems, Inc. (Sheet Metal); and plaintiff Peninsula Health Care District (plaintiff). (Not. of Mot & Mot., filed June 10, 2025, at pp. 1:25 -2:3.) S.J. Amoroso also requests an order barring and dismissing any claims against itself, Boneso,...

Excerpt: ...es of action f or Song -Beverly Act violations and fraudulent concealment. Plaintiff alleges that defendant has refused to replace or repurchase the Vehicle despite numerous failed attempts to repair its defects. Defendant demurs to the FAC on the grounds that the fifth cause of action for fraudulent inducement — concealment is time -barred, insufficiently specific, and does not allege a relationship with defendant that gives rise to a duty by ...

Excerpt: ...ient to consti tute a cause of action and is uncertain. (See Code Civ. Proc., § 430.10, subds. (e), (f).) Fulvio contends that there are insufficient allegations of service of valid notice to quit under the Tenant Protection Act of 2019 (TPA) and that the allegations are at the least unclear as to what notice, served when, based on what cause, is intended to form the basis of the Complaint. Service of a valid notice to quit is an essential prere...

Excerpt: ... Center, Courtroom 4C, Redwood City, CA 94063. Therefore, by 4:00 p.m. on July 14, 2025, plaintiff's counsel shall call, and if possible email, defendant to notify defendant of the proper courthouse. Zoom appearances are allowed. Plaintiff's counsel is to APPEAR at the hearing to confirm that notice was provided. If plaintiff provides the proper location of the hearing to the defendant, then the court's tentative ruling is to GRANT the motion. A ...

Excerpt: ...es caused by defe ndants. On August 18, 2023, plaintiff who was then represented by counsel filed her complaint alleging causes of action for premises liability and negligence. On April 28, 2025, plaintiff states that she tried to file this motion to amend, but it was rejected because she was represented by counsel. (Mariti Decl. ISO Motion to Amend First Complaint, ¶ 2.) On April 29, 2025, defendant City of Redwood City filed its motion for sum...

Excerpt: ...hitney Weissel as Doe 1 and on June 18, 2025 a corrected Doe amendment to name Whitney Weisel as Does 1, but did not, as is required seek leave to court to make this amendment. (Cal. Prac. Guide Civ. Pro. Before Trial, § 6:611 et seq. (TRG June 2025 update). Therefore, on its own motion, the court STRIKES the amendment and corrected amendment without prejudice to plaintiff seeking leave of court to amend. Plaintiff and cross -defendant Mary Hurl...

Excerpt: ...24, 2025, with out having read the tentative ruling and without providing notice that she was contesting the tentative ruling. As a pro per, she is held to the same standards as attorneys. (Kobayashi v. Superior Court (2009) 175 Cal.App.4th 536, 543.) According to the Department 4 clerk, defendant has also sent ex parte emails to the department, which since they were ex parte, the court has not read and the department clerk is not responding. The...

Excerpt: ..., 2025, the pa rties exchanged expert disclosures. Defendant disclosed that it had no retained experts. On March 3, 2025, the parties exchanged their statements of witnesses and evidence pursuant to Code of Civil Procedure section 96 (applicable to limited jurisdiction cases) and plaintiff did not list Lisa Jones. (Manfredonia Decl., ¶5.) On March 5, 2025, the court informed that parties that because it anticipated being in a jury trial on their...

Excerpt: ...ing Motion) br ought by Defendants County of San Mateo dba Burlingame Skilled Nursing D/P SNF, Schlomo Rechnitz, Rockport Administrative Services, LLC, and Boardwalk West Financial Services, LLC (collectively, the Burlingame Defendants) is DENIED. Legal Standards Governing Determination That a Settlement Was Made in Good Faith The Court determines whether a settlement was made in good faith pursuant to Code of Civil Procedure section 877.6. A det...

Excerpt: ... the court -filed doc uments (Evid. Code, § 452, subd. (d)), GRANTED as to the recorded documents and documents on file with the California Secretary of State (Id., § 452, subd. (c)), and GRANTED as to the California Rules of Court. (Id., § 452, subd. (e).) The Court takes judicial notice of the documents' filing and/or recording dates, and of their contents, but does not take judicial notice of the truth of statements or allegations in the do...

Excerpt: ...ower, Montalbano, Condon & Frank v. Superior Court (19 98) 17 Cal.4th 119, 128 -130; Drake v. Superior Court (1994) 21 Cal.App.4th 1826.) Initially, the court notes that the motion lists the incorrect address for the hearing. Department 4 has been located since July 1, 2024 in Courtroom 4C of the Hall of Justice, located at 400 County Center, Redwood City, California 94063. A notice of motion is required to specify the correct location of the hea...

Excerpt: ...s reminded to properly bookmark its exhibits in the future. Specifically, “electronic 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.” (Cal. Rules of Court, rule 3.1110(f)(4); see also Super. Ct. San Mateo County, Local Rules, rule 3.3 [failure to bookmark exhibits to electronically filed documents may ...

Excerpt: ...Center”) and AHMC Se ton Medical Center Coastside (“Seton Coastside”), two general acute care hospitals (“GACHs”) in San Mateo County. Defendants AHMC Healthcare Inc. and AHMC Seton Medical Center LLC (collectively, “AHMC”) purchased these two GACHs from Verity Health System of California Inc. and Verity Holdings LLC (collectively, “Verity Health”) pursuant to an Asset Purchase Agreement (“APA”) dated March 30, 2020. (Lehrma...

Excerpt: ...��) seeks an injun ction and damages for wrongful foreclosure and violations of the Homeowner Bill of Right (the “HBOR”). Defendant Equity Growth Asset Management (“EGAM”) moves for judgment on the pleadings, for the third time, on the grounds that the SAC does not state facts sufficient to constitute a cause of action. (Code of Civ. Proc., § 438, subd. (c)(1)(B)(ii).) While a motion for judgment on the pleadings cannot be made unless th...

Excerpt: ...aims. (Code Civ. Proc. Sect. 430.1 0(e), (f).) Meet and confer. The supporting declaration of Defendants' counsel, Amanda Schwartz, does not comply with Code Civ. Proc. Sect. 430.41's meet and confer requirement, which requires a declaration showing that the parties met and conferred in person or by telephone, or at a minimum, that a genuine attempt was made to actually speak to the party who filed the subject pleading. Merely sending emails does...

Excerpt: ...is Black, and t hat Defendant subjected her to race -based discrimination and harassment. Plaintiff further alleges that she was falsely accused of starting a petition to save a colleague's job, and of threatening an employee, which accusations undermined her credibility and professionalism. Plaintiff further alleges that she was excluded from use of shared office supplies, from triaging clients, and from lunch coverage which she had performed an...

Excerpt: ... to the First Cause of Action for Breach of Contract is OVERRULED based on failur e to allege facts sufficient to support this cause of action. The elements of a breach of contract claim are: (1) the contract, (2) plaintiff's performance of the contract or excuse for nonperformance, (3) the defendant's breach of the contract, and (4) the resulting damage to plaintiff. (Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186.) Defendant argues that t...

Excerpt: ...abled son Jake , who suffers from multiple debilitating conditions that require full -time supervised care. (Bjorkman Decl. ¶ 3.) Defendant is Jake's father and appointed legal conservator. (Bjorkman Decl. ¶ 10.) Several observations led Defendant to be concerned Jake was being mistreated and/or abused and he suspected Plaintiff's involvement. Thus, on the morning of December 18, 2021, Defendant asked Plaintiff to have a private conversation wi...

Excerpt: ...oss -defendant Mark Khoury moves here for leave to file a cross -complaint against Cro ss -complainant Maher Fakhouri. The latter does not dispute the former's contention that the proposed cross -complaint is compulsory rather than permissive. (See Code of Civ. Proc., § 426.10, subd. (c), § 426.30, subd. (a) [cross -complaint asserting “related cause of action” is compulsory]; Align Technol., Inc. v. Tran (2009) 179 CA4th 949, 960 [“relat...