Excerpt: ... neglect. Defendants seek to vacate the default and default judgment based on inadvertence, surprise, mistake and excusable neglect. (CCP § 473(b).) They argue that since their motion for reconsideration was filed on 5.28.24 and scheduled for hearing on 6.21.24, default should not have been entered against them on 6.3.24. The court may, upon any terms as may be just, relieve a party from a judgment, dismissal, order or other proceeding taken ag...

Excerpt: ...t expressly retained “jurisdiction over the subject matter of the Action, and all matters relating to the Settlement, as well as personal jurisdiction over the Settling Parties and each of the Class Members.” (Complaint Exh. G at p.4; Order and Final Judgment, In re Mindbody , Inc. Stockholder Litigation, Consolidated C.A. No. 2019 -0442KSJM, in the Court of Chancery of the State of Delaware, June 8, 2022 [emphasis added].) The parties also a...

Excerpt: ... compel produ ction of documents, and for sanctions (Motion), is GRANTED -IN -PART and DENIEDIN -PART. Plaintiff's moving papers demonstrate, including the supporting declaration of Plaintiff's counsel Tiffany Norman, that on May 30, 2024, Plaintiff served each of defend ants Tammy Hillis, Kimmy Hillis, and Jerry Hillis with requests for admission (RFAs), form interrogatories (unlawful detainer), regular form interrogatories, special interrogator...

Excerpt: ...mely serve a res ponse to a demand for inspection/request for production waives any objection to the demand, including one based on privilege or on the protection for work product under Chapter 4. (CCP § 2031.300.) The Court may relieve that party from this waiver on the C ourt's determination that both of the following conditions are satisfied: (1) the party has subsequently served a response that is in substantial compliance with Sections 203...

Excerpt: ...C). The underlying action arises from the lease agreement between the parties as it relates to real property 930 Linden Avenue, South San Francisco (hereinafter the property). The first amended complaint sets forth five causes of action: breach of contract; breach of implied covenant of good faith and fair dealing; fraud; negligent misrepresentation; and request for declaratory relief. McLennan demurs on the basis that first amended complaint ...

Excerpt: ...2, 2023, t his Court (Hon. Marie S. Weiner, retired) sustained without leave to amend defendant's demurrer, individually and as Trustee, to plaintiff's First Amended Complaint (FAC) as to the first through eleventh causes of action. (See CMO No. 21, filed Nov. 22, 2 023, p. 2.) Defendant has moved to strike the allegations in the SAC that were in the FAC, but which were the subject of the Court's CMO No. 21, sustaining the demurrer to the FAC. ...

Excerpt: ...epealed by S tats. 2022, c. 444 (A.B. 2959), § 1, eff. Jan. 1, 2023, and then repealed by Stats. 2023, c. 655 (A.B. 452), § 1, eff. Jan. 1, 2024.) A.B. 218 amended section 340.1 to permit a three -year window for revival of childhood sexual abuse actions. The County c laims that A.B. 218 is unconstitutional, and contends that this very issue is under review by the First District Court of Appeal and Sixth District Court of Appeal such that a sta...

Excerpt: ... is severed from the remaining causes of action. Proceedings before the trial court are STAYED pending arbitration of the warranty of merchantability claim. Furthermore, pursuant to the terms of the arbitration provision, the Court ORDERS that arbitration pr oceed before the AAA, as chosen by defendants, the party invoking arbitration. Defendants' objections to the Declaration of Stephen Parnell are SUSTAINED. Defendants' objections to Mr. Parnel...

Excerpt: ...of the hearing ].) Cross-defendants Edgar Labastida, Gloria Labastida, Lourdes Escandor, and Adonis Escandor's (cross -defendants) Demurrer (demurrer) to cross -complainants Angeles B. Escandor and Anita C. Escandor's (cross - complainants) First Amended Cross -Complaint ( FACC) is SUSTAINED with leave to amend. A. Meet and Confer Requirement Substantially Fulfilled Cross -defendants have substantially fulfilled their obligation to meet and con...

Excerpt: ...O JULY 23, 20 24 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE JULY 23, 2024 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON JULY 16, 2024. Defendant Holly Smallie's Demurrer to Plaintiff's Complaint is SUSTAINE D with leave to amend pursuant to Code of Civil Procedure section 430.10, subdivision (e), (f), as follows: Uncertainty A pleading which is uncertain is subject to demurrer. (Code...

Excerpt: ...s GRANTED. D efendants Alice Navarra and James Navarra (collectively, the “Navarras”) demur to the fifth cause of action as asserted by Plaintiffs Yan He, Bin Pan, and Yan He as the personal representative of the Estate of Brian Pan (the “Estate”) in their Second Amend ed Complaint (the “SAC”) on the grounds that it fails to state facts sufficient to constitute a cause of action. (Code of Civ. Proc., § 430.10, subd. (e).) As a preli...

Excerpt: ...the if this t entative ruling is contested, the hearing will take place at the current address for Department 4 at 400 County Center, Courtroom 4C, Redwood City, CA 94063, as indicated in Plaintiff's Notice of Motion, and not at the previous North Humboldt St. address p rovided in Plaintiff's June 17, 2024 telephonic notice. Department 4 has been in Redwood City since July 1, 2024. Zoom appearances are allowed. Paragraph 9 of the parties' Stipula...

Excerpt: ...g to the stip ulation based on Defendant's default. The Court may enter judgment based on the parties' stipulation for settlement pursuant to Code of Civil Procedure section 664.6, so long as the stipulation is in a writing signed by the parties, and the parties agreed to all material settlement terms. (Code Civ. Proc. § 664.6; Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182.) The Court retains jurisdiction to enforce a settlement even after a ...

Excerpt: ...Y 15, 2024. HOWEVER , THE HEARING ON THE MOTION IS CONTINUED TO JULY 23, 2024 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE JULY 23, 2024 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON JULY 16, 2024. Before the court is defendant Eton Corporation's motion to vacate and set aside the default judgment of $30,796.84 entered against defendant in favor of plaintiff White Star Media, Inc. on N...

Excerpt: ...iff's argument that Defendants' Motion is untimely. Defendants failed to address this issue in their Reply. Nevertheless, upon reviewing the file during its analysis of these pleadings, the Court noted that on April 12, 2024, at the hearing on Defendants' Demurrer to the Fi rst Amended Complaint (FAC), the Court noted the SAC had been filed, which rendered moot Defendants' then current Demurrer, and specifically allowed Defendants until April ...

Excerpt: ...em by Cross - Comp lainants (CPQ Solutions, LLC, Campanile, and Espie) in the Amended Cross -Complaint (“AXC”). (Order, December 1, 2023.) The Court overruled the demurrers to the AXC's sixth (indemnity), sixteenth (breach of fiduciary duty), and seventeenth (professional neg ligence) as to Cross- Complainant CPQ only. On December 20, 2023, CrossComplainants filed their Second Amended Cross -Complaint (“SAXC”) alleging the same eight ca...

Excerpt: ...t sustained wi th leave to amend Defendant's demurrer to the First Amended Complaint (FAC) on March 8, 2024. (See 3.8.24 Minute Order.) The basis for the Court's ruling was that the FAC “fail[ed] to allege with particularity Carmeli's scienter.” (Ibid.) The SAC now s ufficiently pleads that element of the 8th COA. Similarly, as for the additional challenges in the current demurrer related to an absence of a property right, the SAC suffices fo...

Excerpt: ...ration agree ment may seek a court order compelling the parties to arbitrate a dispute covered by the agreement. Code Civ. Proc., § 1291.2. The court must grant the petition to compel arbitration unless it finds the right to compel arbitration has been waived by the mo ving party; grounds exist for the revocation of the agreement; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issue...

Excerpt: ...r are also DENIED. Plaintiff's request for an order compelling responses to Plaintiff's discovery requests, and to deem Requests for Admission (RFAs) admitted, is DENIED. First, Plaintiff prematurely served the subject discovery requests (Form Interrogatories, Special Inter rogatories, Requests for Production of Documents, and Requests for Admission), and therefore, Defendant need not respond to them. (See Code Civ. Proc. Sect. 2030.020(b) [“(b...

Excerpt: ...”) nos. 42 -45, 75 and 85 on the ground that Plaintiff expressly waived the attorney -client privilege. The attorney -client privilege is waived if any holder of the privilege, without coercion, has disclosed a significant part of the communication or has consented to disclosure m ade by anyone. (Evid. Code, § 912, subd. (a).) “Consent to disclosure is manifested by any statement or other conduct of the holder of the privilege indicating co...

Excerpt: ...ntiffs' Opposi tion to the Motion is GRANTED. This landlord -tenant case arises out of the lease of commercial real property located at 1129 Old County Road in San Carlos (the “Premises”) by Plaintiffs to Defendant/Cross - Complainant Dog Club Pool, LLC (“DCP”), whose mem bers, Defendants/Cross-Complainants Liav Leshem, Inbal Leshem, Michal Reznizki, and Ori Zaltzman (the “Individual Defendants”) guaranteed DCP's obligations under the...

Excerpt: ...ndant Intuit, Inc. (defendant or Intuit) requires users of its QuickBooks software applications (QuickBooks) to agree to Intuit's Terms of Service (Terms), which purportedly includes a clause prohibiting users from doing anything “that might harm the reputation or goo dwill of Intuit or any of the Intuit Marks.” (Complaint ¶¶ 6, 17.) Keller alleges that this clause violates Civil Code, section 1670.8, and constitutes an unlawful business pr...

Excerpt: ...udicial Notice i s GRANTED. Plaintiff's Request for Judicial Notice is GRANTED, except as to Exhibit 15 which is DENIED. Exhibit 15 is a tentative ruling, and there is no indication which court it was issued by such that this Court may find that it is a court record. The District demurs to all three causes of action in the FAC on the ground that Assembly Bill 218 (AB 218), which provided for revival of childhood sexual abuse claims, is unconstit...

Excerpt: ...RT. (Code Civ. Pro c., § 430.10, subd. (e).) SPS's June 10, 2024 Request for Judicial Notice (RJN) is GRANTED. (Evid. Code, § 452, subd. (c).) A. Legal standard A demurrer challenges defects that appear on the face of the pleading, or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer assumes all facts pleaded in the complaint are true, no matter how improbable. (Serrano v. ...

Excerpt: ...D, IT WILL BE ADOPTED AT THE JULY 23, 2024 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON JULY 16, 2024. Before the court is defendant Eton Corporation's motion to vacate and set aside the default judgment of $30,796.84 entered against defendant in fa vor of plaintiff White Star Media, Inc. on November 11, 2023. Defendant's motion to vacate is made pursuant to California Code of Civil Procedure, sections 473 and 473.5. Defendant...