Excerpt: ...iciently alleges facts to support a declaratory relief claim in that an actual controversy exists CrossDefendant and Cross‐Complainant Carl Steinke over how to distribute the proceeds from the sale of the property that are currently being held in escrow. (See C.C.P. § 1060; see also Cross‐Complaint ¶ 9.) Cross‐Defendant further has not established that this declaratory relief claim fails because the rescission claim would fully resolve th...

Excerpt: ...ichael Szelenyi and Jeffrey Wallace's 6‐21‐22 Demurrer to Cross‐ Complainants Andrew Oldham, Jennifer Siem, and Revis, Inc.'s 5‐25‐22 Second Amended Cross‐Complaint (SACC), is SUSTAINED WITH LEAVE TO AMEND as to all asserted claims. Standing/Assertion of Derivative Suit Cross‐Defendants Szelenyi and Jeffrey Wallace argue Cross‐Complainants Oldham and Siem lack “standing” to assert the SACC as a derivative lawsuit, and they dem...

Excerpt: ... complaint does not state facts sufficient to constitute a cause of action or is uncertain, inter alia. (Id., at § 430.10, subds. (e)–(f).) Defects in the notice to quit are properly challenged on demurrer. (See Borsuk v. Appellate Div. of Superior Court (2015) 242 Cal.App.4th 607, 617, fn. 7.) Here, Defendants have demurred to the Complaint on the grounds that the notice of termination of the tenancy (the “Notice”) attached to the Complai...

Excerpt: ...ed Razzaqui v. Williams, Case No. CGC‐22‐597701, to this Court (San Mateo County Superior Court) for coordination with this case. Defendants from both cases oppose the Motion, and indicate that they will file a motion to bifurcate if the two cases are joined for trial. Code of Civil Procedure section 403 authorizes a judge in one court to order a case pending in another court transferred to the judge's court if it (a) involves a “common que...

Excerpt: ...ade in good faith. In support, Myson submitted the declaration of its counsel, Gary L. Franklin. Franklin's declaration sets forth the basic facts concerning the litigation (Franklin Decl., ¶¶ 3‐9), and attaches the settlement agreement (id., ex. 1). Franklin also avers that Myson agreed to pay Plaintiff $120,000 to “buy peace,” that Myson vigorously disputes that it is in any way liable to Plaintiff, and that Myson is not insured for thi...

Excerpt: ...is as follows: Petitioner Broadway West Owner's Association's (“Association”) “Petition to Reduce Voting Requirements and Approve Amendments to the Restated Declaration (Civ. Code Sect. 4275),” filed Aug. 2, 2022, is GRANTED, conditioned on correction of the typographical error in the “First Amendment,” noted below. Factual background. Petitioner is a Homeowner's Association (HOA) for an 18‐unit Condominium complex in Burlingame, Ca...

Excerpt: ...h November 18, 2022. This case has been assigned to the Hon. Nancy L. Fineman for all purposes and she must be the one to try the case. Accordingly, the Court VACATES the October 19, 2022 Trial and October 11, 2022 Pretrial Conference. The Court sets a Trial Setting and Case Management Conference for December 6, 2022 at 9:30 a.m. The parties are to file a Joint Case Management Conference Statement by November 29, 2022 with a trial plan, which inc...

Excerpt: ...th the Court's previous orders, failure to oppose discovery motions, and refusal to appear at scheduled hearings and conference evidences his abandonment of his case and demonstrates that no lesser sanction would be effective. FACTUAL BACKGROUND Plaintiff initiated this case on April 14, 2021, and served Defendant with the summons on April 28, 2021. (April 14, 2021 Complaint; May 3, 2021 Proof of Service of Summons.) Defendant promptly served wri...

Excerpt: ...action. The alternative motion for summary adjudication of issues is GRANTED as to Issues 4, 6, 11, 12, 14, 16, and DENIED as to Issues 1, 2, 3, 5, 7, 8, 9, 10a, 10b, 13, 15, 17, and 18. Defendants' Objections 1. Supplemental Declaration of Randy Dizitser Objection 1 is OVERRULED. The Supplemental Declaration of Randy Dizitser is untimely filed, but the Court exercises its discretion to consider late‐filed papers. (CRC Rule 3.1300(d); Levingsto...

Excerpt: ... GRANTED as to Ex. A (Evid. Code Sect. 452(d), and GRANTED as to Ex. B‐C. Evid. Code Sect. 452(c). THE 4‐29‐21 SUBSTITUTE SERVICE AT DEFENDANT'S TIBURON HOME. Defendant seeks relief from the October 2021 default and default Judgment on grounds the process server's April 29, 2021 substitute service of the Summons and Complaint on a woman living in Defendant's Tiburon, Ca. home was purportedly ineffective. Defendant contends he did not receiv...

Excerpt: ... an in‐dependent contractor agreement signed in 2015 (the “2015 Agreement”). Plaintiff seeks leave to file an amended pleading instead alleging that Defendant breached it duties under insurance coverage it offered to its agents under a prior agreement dating to 2012 (the “2012 Agreement”), in addition to asserting an alternative legal theory of recovery. Defendant contends that the Complaint's allegation that the 2015 Agreement governed...

Excerpt: ... Demurrer to Plaintiffs' First Amended Complaint is SUSTAINED WITH LEAVE TO AMEND pursuant to Cal. Code of Civ. Proc. §430.10(e). Defendants argue, inter alia, that the same defects that led the Court to grant judgment on the pleadings as to the Original Complaint are fatal to the FAC. Namely, there is no judgment entered against the Wong Estate, meaning the claim for indemnification has not ripened. Defendants further argue that the allegations...

Excerpt: ... of the Unruh Civil Rights Act (“Unruh Act”). Any violation of the Americans with Disabilities Act (“ADA”) is a per se violation of the Unruh Civil Rights Act. (See Complaint ¶ 35; see also Civil Code § 51(f).) Plaintiff alleges that the hotel's website fails to comply with the ADA under 28 C.F.R. section 36.302(e)(1)(ii) (“Reservations Rule”), and therefore violates the Unruh Act. Defendants assert that the Complaint fails to state...

Excerpt: ...s Motion to Quash (Motion) is DENIED. Discovery is RE‐OPENED for the limited purpose of allowing Plaintiff to take Rhone's deposition before October 10, 2022. The deposition may be conducted remotely. The parties are ORDERED to meet and confer on a date for Rhone's deposition. 1. Witness's Lack of Knowledge Defendants and Rhone contend the subpoena does not seek relevant information because Rhone has submitted a declaration stating that she has...

Excerpt: ... to summary judgment because “Plaintiff's failure to submit this dispute to arbitration is a complete bar to this civil action.” (MPA, at p.9) This contention lacks merit. The Loan Agreement entered into between Defendant Escandon Uniforms, Inc. (Escandon) and School Apparel, Inc. (SAI), Plaintiff's predecessor‐in‐interest, contains an arbitration provision stating that “[i]n the event of a dispute between the parties under this Agreeme...

Excerpt: ...responded. Thus there is nothing actually under oath by the Defendant. Rather, there is a court order deeming the matters admitted. Defendant has presented no case law holding that requests for admissions not filed as part of a motion for summary judgment and/or never actually admitted by the party under oath can be a matter of judicial notice for determination on the pleadings. Plaintiff cites to Evans v. California Trailer Court Inc. (1994) 28 ...

Excerpt: ...t, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488, 499‐ 500. Factual background. This case arises from a Feb. 22, 2019 auto accident near the Dumbarton Bridge in Menlo Park. As described by the parties, after Plaintiff Perry Kim Robinson's vehicle broke down, defendant CalTrans had Plaintiff's vehicle towed to a location on University Ave. in Menlo Park, near the intersection of University Ave. and Bayfront Expressway. Plaintiff all...

Excerpt: ...rises out of alleged abuse suffered by Plaintiff and other students and perpetrated by Dinorah Ethel Molina, a teacher at a middle school within the defendant school district. By this Motion, Plaintiff seeks to compel Defendant's further responses to the first set of each of her Form Interrogatories, Requests for Production, and Requests for Admission. The parties should have been able to resolve many of these issues without the need for Court in...

Excerpt: ...hird, and Ninth COA's in Plaintiff's FAC are OVERRULED. The Court in its discretion has considered Plaintiff's late‐filed Opposition. Nuffer's and Callinan's Demurrers Defendants Nuffer and Callinan argue that COA's 5‐7 in Plaintiff's FAC do not allege sufficient facts regarding the demurring Defendants' personal liability under the applicable Labor Code sections to support the causes of action at issue. In ruling on a demurrer, the Court acc...

Excerpt: ...icable statute of limitations. According to Defendant, A refinance occurred on May 16, 2001 (Ex. 2) which is the same date that the Grant Deed conveying the Daly City Property to Joe and Defendant was recorded. If Plaintiff's allegation is correct, when the refinance was completed on May 16, 2001, Defendant was obligated to transfer back the property starting on May 17, 2001 and his failure to do so would be a breach of the (alleged) oral agreeme...

Excerpt: ...e of entry of the Court's order. The First Amended Complaint (the “FAC”) sets forth two causes of action for invasion of privacy by portrayal in a false light. According to the allegations of the FAC, Plaintiff is a former employee of Defendant California Casualty Management Company (“CCMC”). (FAC., p. 4.) On March 31, 2022, CCMC and its officer, Defendant Robert Nicolay, eliminated Plaintiff's position and terminated Plaintiff's employme...

Excerpt: ...e Motion as timely because the electronic filing stamp on the moving papers indicated Plaintiff filed the Motion on March 17, 2022—two days after the March 15 deadline. After oral argument on August 11, 2022, the Court continued the hearing to September 22, 2022, and requested additional briefing on the timeliness issue. Having reviewed the parties' Supplemental Briefs, the Court finds that the Motion was timely‐filed. Plaintiff submitted the...

Excerpt: ...V‐04521 Assigned for All Purposes to Hon. Danny Y. Chou ORDER GRANTING MOTION FOR TERMINATING SANCTIONS AGAINST PLAINTIFF GANGFENG LAI Defendant Sterling Bank & Trust, FSB's (Sterling) unopposed Motion for Terminating Sanctions Against Plaintiff Gangfeng Lai (Motion) came for hearing before this Court on September 22, 2022 at 2:00 p.m. Having considered all papers filed in support of and in opposition to the Motion, oral arguments of the partie...

Excerpt: ...the truth of the facts alleged in the complaint and the reasonable inferences that may be drawn from those facts.” (Miklosy v. Regents of the University of Cal. (2008) 44 Cal.4th 876, 883.) The Court may “also consider matters that may be judicially noticed . . . .” (Brown v. Deutsche Bank Natl. Trust Co. (2016) 247 Cal.App.4th 275, 279.) The Court does “not, however, assume the truth of contentions, deductions or conclusions of law.” (...

Excerpt: ... reasonable inferences that may be drawn from those facts.” (Miklosy v. Regents of the University of Cal. (2008) 44 Cal.4th 876, 883.) The Court may “also consider matters that may be judicially noticed . . . .” (Brown v. Deutsche Bank Natl. Trust Co. (2016) 247 Cal.App.4th 275, 279.) The Court does “not, however, assume the truth of contentions, deductions or conclusions of law.” (Guerrero v. Pacific Gas & Electric Co. (2014) 230 Cal.A...