Excerpt: ...THOUT LEAVE TO AMEND and OVERRULED IN PART. Defendants Marianne Onate and Emmanuel Onate shall file their answer(s) no later than ten (10) days after entry of this order. Defendants Marianne Onate's and Emmanuel Onate's Request for Judicial Notice is GRANTED. Plaintiffs Proud Thai Massage LLC's and Alexander Mayer's Request for Judicial Notice is GRANTED. The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND, with respect to the First through Eighth C...

Excerpt: ...eclaration in Defendant's demurrer filed March 24, 2023. However, because a failure to meet and confer is not grounds to sustain or overrule a demurrer, the Court proceeds to the merits of the motion. In this subrogation action, Plaintiff alleges that Defendant negligently provided professional plumbing services to Plaintiff's insured. The Complaint contains two causes of action: negligence and breach of implied warranty. Defendant demurs on vari...

Excerpt: ...LLC, PHIL STOKER, DIANE STOKER, SCOTT O'NEIL, AND DALE HUISH TENTATIVE RULING: For the reasons stated below, Defendants' Motion to Strike Punitve Damages, filed Aug. 25, 2023, which seeks to strike the punitive damages allegations in Plaintiffs' June 30, 2023 Second Amended Complaint (SAC), is DENIED. Code Civ. Proc. Sect. 435, 435. To be clear, the SAC asserts claims against a long list of defendants, generally referred to by the parties as the ...

Excerpt: ...ts tentative ruling granting the motion in part. (Jul. 7, 2023 Minute Order.) The Court ordered a sentence stricken from the Complain, as the sentence constituted an attempt to base a claim for injunctive relief on Stiles' and Johnsons' service of an eviction notice—which is protected activity. (Aug. 22, 2023 Order, pp. 3—4.) The remainder of the cause of action, comprising valid claims for injunctive relief based on non-protected activity, w...

Excerpt: ...all or may be taken." Under Aguilar v. Atlantic Richfield (2001) 25 Cal.4th 826, the party moving for summary judgment has the burden of production to make a prima facie showing that there is no triable issue of any material fact. The burden then shifts to the nonmoving party to make a prima facie showing that there is a triable issue of material fact. Cal. Code of Civil Procedure Secton 1161a(b) provides in relevant part that a person who holds ...

Excerpt: ...s Mohon to Quash Service of Summons for Lack of Personal Jurisdiction is GRANTED. Plaintiff E.W.'s request for a continuance to conduct jurisdictional discovery is DENIED. Plaintiff E.W!s Requests for Judicial Notice is GRANTED. However, the Court notes that there are evidentiary issues with the documents. Since even if the Court accepts the truth of the matter in the documents, the Court denies the motion, the Court does not focus on the technic...

Excerpt: ... has not met its initial burden and proved by a preponderance of evidence that an arbitration agreement with class action waiver provision was entered into by the parties. (Knight, Cal. Prac. Guide: Alt. Disp. Res. (Rutter, Dec. 2022 Update) 5:320.) The Court finds Defendant has not demonstrated that Plaintiff agreed to arbitration because of inconsistencies in the documents and procedures for the onboarding process. Defendant uses "the online pl...

Excerpt: ...Grytsayenko ("Lyudmyla") and Yuriy Grytsayenko ("Yuriy") (also collectively "Plaintiffs") is DENIED for the reasons set forth below. The Complaint alleges claims for General Negligence and Premises Liability. (McCann Decl., Exh. A.) Plaintiffs claim that Lyudmyla was forced to walk toward metal cross-bracers that were a part of scaffolding with no padding or warning tape in place, and hit her head against the low-placed, unprotected metal cross-b...

Excerpt: ...eet, San Mateo, CA 94401. Zoom appearances are allowed. The Court overrules the demurrer filed by Defendant Maiden Stone, Inc. as to the first, sixth, and seventh causes of action. A. First Cause of Action (Breach of Express Warranty) Plaintiffs' express warranty claim is based on Exhibit 1, which is Maiden Stone's product detail sheet. On its face, Exhibit 1 is not a typical express warranty. Express warranties, however, can be created by "Any d...

Excerpt: ...on, and judgments—but cannot take judicial notice of the truth of hearsay statements in decisions or court files, including pleadings, affidavits, testimony, or statements of fact. (Williams v. Wraxall (1995) 33 Cal.App.4th 120, 130, n. 7. ) In this case, plaintiff sued defendant in federal court. The district court granted defendant's motion to dismiss (DCR Workforce, Inc. v. Coupa software Inc. (N.D. cal., Oct. 13, 2021, No. 21-CV06066-EMC) 2...

Excerpt: ...intiff did not unreasonably delay its request to amend the Complaint. Additionally, the Court takes note of the rule that requests to amend are to be liberally granted. Nestle v. City of Santa Monica (1972) 6 Cal.3d 920, 939. When amendment would not prejudice and has not misled the other side, even if the request is delayed, the liberal policy of allowing amendments prevails and it is an abuse of discretion to deny leave in such a case even if s...

Excerpt: ...filed on August 19, 2019, and this amended complaint was otherwise substantially unchanged from the initial complaint. A Second Amended Complaint was filed on January 13, 2020, alleging eight causes of action: The First COA for Breach of Contract against the seller, Betty L. Swedberg; Second COA for Fraud against Swedberg; Third COA against Swedberg for Negligent Misrepresentation, and Fourth Cause of Acton against Swedberg of violations of Civil...

Excerpt: ...otion for Order to Release Plaintiff and Crossdefendant Mavericks Builders' Mechanics Lien and Expunge Lis Pendens is GRANTED for the reasons set forth below. Defendants, Cross-complainants, and Cross-defendants Ryan Atkins and Meghan Concra are ordered to prepare a formal order or orders that include the required specifications of the lien and lis pendens and release Plaintiff and Cross-defendant Mavericks Builders' claim of a mechanics lien and...

Excerpt: ...tos admittedly used an alias, Jose Rodrigues, while employed by Defendant Cheesecake Factory. Plaintiff stated in his Complaint that he worked there from 2019 to 2021 as a cook. Plaintiff's signature on his declaration is for his true name, and does not match any documents submitted by Defendant. Plaintiff states that he speaks very little English, and his declaration is submitted as translated from Spanish. Plaintiff denies that it is his signat...

Excerpt: ... the Court sustained with leave to amend. Watt joined in AVM's demurrer, and separately filed the instant demurrer as to Hirata's first cause of action under Labor Code S 1102.5(b) as against Watt specifically. For the reasons stated below, Watt's demurrer to the first cause of action is SUSTAINED WITHOUT LEAVE TO AMEND. Labor code section 1102.5 is a whistleblower statute, the purpose of which is to "encourag[el workplace whistle-blowers to repo...

Excerpt: ... the case has not been brought to trial within three years. (Code of Civ. Proc. S 583.420, subd. On April 18, 2019, plaintiffs' counsel filed this action. unfortunately, plaintiffs' counsel died in or around July 2021, over two years ago, and no counsel has substituted into the case and plaintiffs have not appeared in pro per. Defendants have served this motion on plaintiffs' counsel (which is proper since there has been no substitution of attorn...

Excerpt: ...uirements of the local rule. Plaintiff, an employee of the San Mateo County Sheriff's Office ("SMCSO"), brings this action under Government Code section 12940 alleging hostile work environment, discrimination, retaliation, failure to prevent harassment, failure to engage in the interactive process, and failure to accommodate. As part of her Complaint, Plaintiff alleges that SMCSO has a pervasive atmosphere and pattern of sexual harassment and ass...

Excerpt: ...").) These have not been bookmarked in compliance with California Rules of Court rule 3.110(f)(4) or Local Rule 3.3. A court can sanction for local rules violations. (Shiheiber v. JPMorgan Chase Bank, N.A. (2022) 81 Cal.App.5th 588, 695.) Indigo is reminded to comply with all rules of court and local rules. Indigo moves here to reclassify this unlimited case to limited, contending that Plaintiffs Rajesh Yalamanchili and Olga Gritsevskaya (collect...

Excerpt: ...d Zhiying Qui (collectively defendants). The court finds that there are not grounds under Code of Civil Procedure secton 1008 because there are no new or different facts which warrant reconsideration. All the facts were known or could have been known at the time the two prior motions for preliminary injunction were filed. A filing of a cross-complaint is not a new fact justifying reconsideration. Nor is the fact that defendants deny liability a f...

Excerpt: ... 56, 76—77 ["trial court should evaluate a PAGA settlement to determine whether it is fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws."]; Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129 (" 'The court has a fiduciary as guardians of the rights of the absentee class members when deciding whether to approve a s...

Excerpt: ...2(d). Legal standard on demurrer. A demurrer may be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. Blank v. Kirwan (1985) 39 Cal. 3d 311, 318. A demurrer tests the legal suffciency of the pleading it is attacking, and only raises questions of law." Code Civ. Proc. Sec. 589. For the purpose of testing the sufficiency of a cause of action, the ...

Excerpt: ... to a commercial lease. The dispute centers on whether the parties' lease agreement included/incorporated by reference an "Addendum A," which purportedly granted/provided the tenants/defendant an option to renew the lease upon its expiration. The parties participated in a July 7, 2023 court trial, which inwlved witness testimony. upon its conclusion, the Court issued a Minute Order indicating its intenton to find in favor of Defendant (tenant) an...

Excerpt: ...-motions for summary judgment. Plaintiff partially settled with four of the five defendants, leaving Defendant Matthew Klein ("Defendant" or "Klein") the sole remaining Defendant in the action. The Court granted summary judgment for Plaintiff against Klein and entered the Judgment following its Order Granting Summary Judgment on June 29, 2023. Plaintiff served the Notice of Entry of Judgment Following Order Granting Summary Judgment on Defendant ...

Excerpt: ...ss and Professions Code section 7031(b). "Except as provided in subdivision (e), a person who utilizes the services of an unlicensed contractor may bring an action in any court of competent jurisdiction in this state to recover all compensation paid to the unlicensed contractor for performance of any act or contract." (Bus. & Prof. Code S 7031(b).) Plaintiffs seek summary adjudication on the ground that Defendant was an unlicensed contractor duri...

Excerpt: ...he Complaint. PhotoGauge contends that (1) the first cause of action fails to state facts sufficient to constitute a cause of action and (2) the Court has no jurisdiction over the subject of the second cause of action. (Code of Civ. Proc., S 430.10, subds. (a), A. First Cause of Action: Breach of Contract The first cause of acton is premised upon the employment contract entered into Heslin and PhotoGauge in March 2021. (Sep. 14, 2022 Complaint, '...