Excerpt: ......

Excerpt: ......

Excerpt: ...ot malicious or wanton in her use and maintenance of her property at 392 Greenbriar Road, Half Moon Bay, California; 2. Under the theory of trespass, Defendant John Lorts was not malicious or wanton in his use and maintenance of his property at 392 Greenbriar Road, Half Moon Bay, California; 3. Under the theory of nuisance, Defendant Colleen Lorts was not malicious or wanton in her use and maintenance of her property at 392 Greenbriar Road, Half ...

Excerpt: ...o judgment as a matter of law. A privileged statement is not defamatory, as a statement must be non‐privileged in order to be proven defamatory. Lemke v. Sutter Roseville Medical Center (2017) 8 Cal.App.5th 1292, 1298. As Defendants have argued, “Application of the privilege involves a two‐step analysis. The defendant has the initial burden of showing the allegedly defamatory statement was made on a privileged occasion, whereupon the burden...

Excerpt: ...ode §15657.01). (See Application ¶6b.) Plaintiff does not allege a cause of action for financial elder abuse, and the Application is not supported by any evidence of elder abuse. The first and second causes of action are for open book account and account stated, but the Application offers no evidence supporting either of these common counts, other than a copy of one invoice. The invoice contains suggestions that Plaintiff performed and the rate...

Excerpt: ...assment and Intentional Infliction of Emotional Distress Pursuant to CCP § 527.6 §§§ (a)(1), (B) (1)(2)(3, & (L) and with its Judgment discharge ability Preempted Pursuant to USC 11 § 523(a)(4)” is SUSTAINED WITH LEAVE TO AMEND based on uncertainty and failure to allege facts sufficient to support a cause of action. A demurrer for uncertainty may be sustained where the complaint is so bad that defendant cannot reasonably determine what iss...

Excerpt: ...XHIBITS ATTACHED TO THE DECLARATIONS OF BENJAMIN SCHWAN (“SCHWAN DECL.”) AND JONATHAN C. SANDERS (“SANDERS MSJ DECL.”) IN SUPPORT OF THE MSJ. TENTATIVE RULING: ACCREDITED DEBT RELIEF's motion to seal portions of its moving papers in support of Motion for Summary Judgment is granted as to the Memorandum of Points and Authorities, Separate Statement of Undisputed Facts, Exhibits A through H and J through O of the Declaration of Schwan, and ...

Excerpt: ...art. Plaintiff's request for attorney's fees is also GRANTED, in part. Defendant does not oppose Plaintiff's request to enter judgment pursuant to CCP § 664.6. Consequently, judgment shall be entered setting forth the terms of the parties' settlement agreement. Plaintiff also requests that the Court enforce the parties' agreement under § 664.6. In this case, the parties' agreement awards the Gill Vista, 24770 Soto Road, and 998 Governors Bay Dr...

Excerpt: ...PORATION'S REQUEST FOR PRODUCTION OF DOCUMENTS (SET ONE) WITHIN 7 DAYS OF THE ORDER. TENTATIVE RULING: Defendants' motion to compel further responses is DENIED as to Request No. 23. For this request, Defendants seek Plaintiffs' source code for the games at issue. Plaintiffs' source code constitutes a trade secret. (See CACI No. 4402.) Plaintiffs' evidence shows that the source code is secret and that Plaintiffs have made reasonable efforts to kee...

Excerpt: ...�PART and OVERRULED‐INPART, as set forth below. As an initial matter, the Court notes that the FAC and Defendants' Demurrer papers lack clarity in some respects, possible creating unnecessary work. The FAC names multiple Plaintiffs and Defendants. Each asserted cause of action identifies the Defendants against whom the claim is asserted, but does not identify the Plaintiffs asserting the claim, which suggests that all named Plaintiffs are asser...

Excerpt: ...ional infliction of emotional distress are: “(1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff's suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant's outrageous conduct....” (Christensen v. Superior Court (1991) 54 Cal.3d 868, 903.) Plaintiff ...

Excerpt: ...Authorities in Support of Plaintiffs' Opposition to the Motion for Preliminary Injunction (“MPA”) is DENIED. The proposed sealing is overbroad. Lines 18‐19 on page 11 of the MPA quote a section of PUBG's Motion for a Preliminary Injunction, and Plaintiffs seek to seal this portion of the MPA based on PUBG's Motion to Seal the related portion of its Motion for a Preliminary Injunction. The Court denied PUBG's Motion to Seal portions of its M...

Excerpt: ...he Motion of Defendants Equinox Holdings, Inc. and James Lopresti (collectively “Defendants”) for Summary Judgment or alternatively, Summary Adjudication, to the Complaint of Plaintiff Robert Pierre Alexander (“Plaintiff”), is DENIED WITHOUT PREJUDICE. Failure to comply with the separate statement may in the court's discretion constitute a sufficient ground for denying a motion for summary judgment or summary adjudication. (C.C.P. § 437c...

Excerpt: ...ED BY THE JUDGE FINEMAN, ON JANUARY 28, 2020; AND THE JUDGMENT THAT WAS ENTERED AGAINST ROBIN AND SEAN LOVE, DATED FEBRUARY 7, 13 2020 TENTATIVE RULING: Defendants Robin Love's and Sean Love's (“Defendants”) Motion to Set Aside Dismissal, Orders, and Judgment is GRANTED‐IN‐PART. As an initial matter, the motion to set aside the December 11, 2019 dismissal and the January 8, 2020 order granting the motion for evidentiary sanctions is to be...

Excerpt: ...pposition to be filed “not less than 14 days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise.” Notably, Defendant submitted a reply on August 28 and has not objected to Plaintiff's opposition on the grounds that it was not timely filed or that it has been prejudiced by the delay. As a result, the Court, in its discretion, has considered Plaintiff's opposition. Premises Liability In order to...

Excerpt: ...rder requires that Plaintiff meet and confer with Defendants and attempt to resolve the present dispute informally, and if unsuccessful, to then participate in a mediation with Defendants prior to filing a motion in Court to enforce the Agreement. Thus, the parties contractually agreed, and the Court ordered, that the § 9 ADR procedure constitutes a prerequisite to either party seeking Court intervention to enforce the Agreement. See 7‐6‐20 ...

Excerpt: ...VIL PROCEDURE. TENTATIVE RULING: This motion is continued to October 28, 2020 at 1:30 in Department 4 so that the parties can respond to the following questions. Opening briefs of no more than ten (10) pages shall be filed and served by October 14, 2020 and responsive briefs shall be filed and served by October 21, 2020. Courtesy copies of the briefs shall be delivered to Department 4. 1. Has there ever been a SLAPP motion granted when a party ha...

Excerpt: ...E SEVENTH CAUSE OF ACTION IN ITS ENTIRETY, THE EIGHTH CAUSE OF ACTION IN ITS ENTIRETY, THE NINTH CAUSE OF ACTION IN ITS ENTIRETY, THE TENTH CAUSE OF ACTION IN ITS ENTIRETY, AND/0R THE ELEVENTH CAUSE OF ACTION IN ITS ENTIRETY. TENTATIVE RULING: Defendants' Motion to Strike from the Complaint the causes of action predicated on Defendants' alleged conspiracy is DENIED. Civil Code section 1714.10 requires a prior court order before filing an action a...

Excerpt: ...SUSTAINED. These causes of action are predicated on Defendants' alleged fraudulent or negligent misrepresentations and omissions. Each element of fraud and negligent misrepresentation must be specifically alleged. Cadlo v. Owens‐Illinois, Inc. (2004) 125 Cal. App. 4th 513, 519. General and conclusory allegations are not sufficient. Lazar v. Superior Court (1996) 12 Cal.4th 631, 645. A plaintiff must plead facts which show how, when, where, to w...

Excerpt: ...kenzie & Associates, Inc. dba Truex Metier (“Plaintiff”) is ruled on as follows: (1) Defendant's Memorandum of Points and Authorities fails to comply with California Rules of Court Rule 3.1113(b). Rule 3.1113(b) requires a memorandum to contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced. Here, Defendant...

Excerpt: ...laintiff”) is ruled on as follows: (1) Demurrer to the First Cause of Action for Interference with Prospective Economic Advantage based on failure to allege facts sufficient to support this claim and uncertainty, is OVERRULED. Plaintiff alleges both negligent and/or intentional interference in this claim. (See FAC ¶ 33.) Plaintiff alleges facts sufficient to support a claim for intentional interference with prospective economic advantage. The ...

Excerpt: ...es both the demurrer and motion to strike in this tentative. For purposes of ruling on a demurrer, the complaint is read liberally as a whole rather in isolation with a view to substantial justice and all allegations are to be accepted as true. Code of Civil Procedure § 452; Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. The same is true for a motion to strike. Courtesy Ambulance Service v. Superior Court (1992) 8 ...

Excerpt: ...defendants in this case. Plaintiff ALLSTATE paid its insured $57,350. The insurer of defendant Nemmer Roofing, Watford Specialty Insurance, paid Plaintiff's insured $108,359. Defendant Nemmer Roofing has filed a cross‐complaint against settling defendant AN/BE and Watford has filed a separate action against AN/BE. Plaintiff ALLSTATE's Complaint seeks $57,350, which is the maximum judgment possible against AN/BE. Plaintiff and AN/BE have settlem...

Excerpt: ...n June 5, 2020 with an identical copy of the exhibits, Plaintiff in response to the separate statement states that it is impossible for Plaintiff to confirm the relevance or accuracy of certain statements because the exhibit was not attached. See e.g. Response to UMF Nos. 3, 4, 5. Plaintiff may not have realized that the same exhibits were attached to a previously served motion. Usually, the Court will continue the motion to allow a full response...

Excerpt: ...rst through Fifth Causes of Action is SUSTAINED WITH LEAVE TO AMEND. On the face of the Complaint, these claims appear barred by the three‐year statute of limitations under Code of Civil Procedure section 338(d). The statute commences to run only after one has knowledge of facts sufficient to make a reasonably prudent person suspicious of fraud, thus putting him on inquiry. (Hobart v. Hobart Estate Co. (1945) 26 Cal.2d 412, 437.) “A plaintiff...