Excerpt: ... - 437.) Defendants' No tice of Motion incorrectly states that the hearing on this Motion will take place in Department 21. This matter will be heard in Department 24, located of 400 County Center, Redwood City, Ca. Defendants' Request for Judicial Notice (RJN) is GRANTED as foll ows: As to the document(s) filed in prior court proceedings, and as to the documents recorded with a County Recorder's office, the RJN is GRANTED. (Evid. C. § 452(...

Excerpt: ...ortation Holdings, L LC's and Akira Takei's Unopposed Motion to Dismiss for Lack of Prosecution, joined by Cross -Defendants Philip White and Brandon Lawrence, dba Sportscars Italiano, is GRANTED. Code of Civil Procedure § 583.360 provides than an action shall be brought to tr ial within five years after it was commenced. The five- year period begins to run on the date the action is filed against the defendant. Davalos v. County of Los Angele...

Excerpt: ...alleged in th e operative complaint to see whether they state a cause of action under any legal theory, as a matter of law. (New Livable California v. Association of Bay Area Governments (2020) 59 Cal.App.5th 709, 714 –715.) The demurrer may be made to the entire complai nt or to any of the cause of action therein. (CCP § 430.50(a).) To properly state a cause of action, a complaint must allege every element of that cause of action. (Shaeffer v...

Excerpt: ...ossession of the Property without permission of Plaintiff. Defendant's Demurrer is SUSTAINED with leave to amend. A. Legal standard on demurrer The purpose of a demurrer is to test the legal sufficiency of the facts alleged in the operative complaint to see whether they state a cause of action under any legal theory, as a matter of law. New Livable California v. Association of Bay Area Governments (2020) 59 Cal.App.5th 709, 714 –715. The demurr...

Excerpt: ...tled law that e ach party to a lawsuit must pay its own fees absent an applicable statute or an attorney fees provision in a valid contract. (Code Civ. Proc., § 1021; Amtower v. Photon Dynamics, Inc. (2008) 158 Cal.App.4th 1582, [as modified Feb. 15, 2008]; see also Royst er Construction Co. v. Urban West Communities (1995) 40 Cal.App.4th 1158, 1170 [“A contract which provides for the payment of ‘costs' alone does not usually include attorn...

Excerpt: ...April 25, 202 4. Sanctions as imposed below shall be paid no later than May 2, 2024. Plaintiff Jane Doe moves here to compel further responses and compel production with respect to three requests for production of documents nos. 10 and 13 –14 propounded to Defendant Gold en Gate Bell, LLC (“GGB”). Each seeks documents relating to the respective personnel files and background checks of three employees of GGB, who purportedly sexually harass...

Excerpt: ... a staffing agency wh ich placed her for a work assignment with its client, Alcon. Defendants now jointly move to compel arbitration of Plaintiff's claims. For the reasons set forth below, the motion is DENIED. As a preliminary matter, the Court SUSTAINS the evidentiary objecti ons raised by Plaintiff as to Mr. Gohil's declaration, and OVERRULES the evidentiary objections raised by Defendants as to Plaintiff's declaration. California law, like fe...

Excerpt: ...iving under the influence of alcohol. He was admonished that his driving privilege would be administratively suspended for one year or administratively revoked for two or three years by the DMV if he refused or failed to take a chemical test. Subsequently, Llanes ref used to take a chemical test of his breath or blood. Llanes timely exercised his right to request an administrative hearing regarding the suspension, and the DMV held a hearing via ...

Excerpt: ...Compel Further Responses to Requests for Production of Documents, Set Two, nos. 88, 89, 90 and 97 (“RFP”), from Defendant Vinod Bhardwaj (“Defendant”), is DENIED. This Motion appears to be untimely. The IDC Minute Order states that the parties agreed that any motion as t o these RFP would be timely if filed by February 29, 2024. (See December 19, 2023 Minute Order.) This Motion was not filed until March 1, 2024 though. Further, even if ...

Excerpt: ...order gra nting terminating sanctions against co -defendant Ramson Mumba, Lugo's spouse or former spouse based upon a hearing held on October 31, 2023. On April 25, 2022, Lugo in pro per filed her answer to the first amended complaint. She did not include her telepho ne number or an email address. The court does not remember her ever appearing at any hearing or conference. Mumba has represented to the court that Lugo does not have an email addr...

Excerpt: ...er than five (5) days after service of written notice of this order. Defendants demur to the Complaint under Code of Civil Procedure section 430.10, subdivision (e). They argue that the three -day notice to pay rent or quit (referred to as the “Notice”) served to them should have specified that payment of the overdue rent could be made by mail, rather than solely by personal delivery. “A valid three -day pay rent or quit notice is a prere...

Excerpt: ...plaint (“SAC”) is SUSTAINED WITHOUT LEAVE TO AMEND. (Code Civ. Proc. Sect. 430.10(e).) Hearing location. Defendants' 12 -28 -23 Notice of Demurrer incorrectly states that the hearing on this Demurrer will take place in the San Mateo courthouse. The hearing will take pla ce in Department 23, which is located to 400 County Center, Redwood City, Ca. Defendants' 12 -28 -23 Request for Judicial Notice (RJN) is GRANTED. (Evid. Code Sect. 452(d).) T...

Excerpt: ... Equity Growth Asset Management (“EGAM”) did not attempt to meet and confer with him before filing this motion. Under penalty of perjury, he denies EGAM's counsel's declaration that she called Suafai on four separate days, that no one picked up, that the number does not permit leaving a message, and that she sent an email a week before filing the motion. (See Jan. 16, 2024 Declaration of Joanna Kozubal, ¶¶ 3 –7.) Without weighing the cr...

Excerpt: ...edwood City, CA, which is part of the Lynda Lake Gardens (“LLG”) development. In short, this action concerns Plaintiffs' access to the central lake in their housing development (“Lot A”) and its surrounding pathway easements. Among other matters, Plaintiffs primarily contend that the actions of the Homeowners' Association (“HOA”) and in particular, Defendant Gary Ernst as owner of the plot in between Plaintiffs' and the lake, prevent ...

Excerpt: ... Song and Kooyeon Son g (collectively, “the Songs”). On January 18, 2023, the Songs crosscomplained against Streamlined and added Cross -defendant Paul Hugh Johnson, “the principal and officer” of Streamlined, in his personal capacity. (Jan. 31, 2024 Declaration of Paul Johnson (“Johnson Decl.”), ¶ 2; see id., at ¶¶ 4– 5 [referring to Streamlined as “my corporation”].) The Songs attempted to serve process on Johnson via Strea...

Excerpt: ...in April 2019, ab out five years ago. In February 2020, Defendant served Plaintiff with Form Interrogatories, Special Interrogatories, and Requests for Production of Documents, which broadly asked Plaintiff to explain the claims that Plaintiff was asserting against Defendan t, and the basis therefore. Plaintiff did not … and has never … serve(d) responses to the discovery requests. In May 2020 and again in Jan. 2021, Defendant's counsel sent...

Excerpt: ... of Action for Medical Malpr actice is SUSTAINED with leave to amend based on failure to allege facts sufficient to support this cause of action. The elements of a cause of action for medical malpractice are: “(1) the duty of the professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the negligent conduct and t...

Excerpt: ...r. (CCP § 430.41.) Cross -D efendant also failed to file a declaration regarding its meet and confer obligations. (CCP § 430.41(a)(3).) Since insufficient meet and confer efforts are not grounds to overrule or sustain a demurrer (CCP § 430.41(a)(4)), and Cross - Defendant's special dem urrer is without merit, the Court will reach those merits and OVERRULE the demurrer on those ground separate and apart from the failure to meet and confer. Col...

Excerpt: ...re not recovera ble as of right or otherwise barred by statute. Id. at § 1033.5(c)(4). An award of costs is subject to the court's determination that those costs: (1) are reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its purpose; and (2) that the costs are reasonable in amount. Id. at § 1033.5(c)(2) –(3). To claim costs, the prevailing party must serve and file a memorandum of costs wit...

Excerpt: ...hether the se rvice provided to Defendant Caixing Xie is sufficient. Prior filings with this court show that Xie is likely incarcerated in China. Notice of Dismissal of Involuntary Bankruptcy Petition, filed Mar. 29, 2024, Ex. A, at 1 –2. However, Plaintiffs have only pr ovided notice to Xie's United States -based counsel. The due process clause of the Fourteenth Amendment of the United States Constitution requires that if a person is entitle...

Excerpt: ...ests for Admi ssions, Set One, to be deemed admitted. Defendants also request monetary sanctions. The motion to compel and for sanctions is GRANTED in its entirety, as set forth in further detail below. Interrogatories Defendants seek to compel responses, not compel f urther responses, as they contend that no response to their interrogatories was ever received. (Declaration of William H. Coke (“Coke Decl.”) in support of Motion.) Therefore, t...

Excerpt: ...an action or proce eding if it is contended that the action has no merit or that there is no defense to the action or proceeding.” (Code of Civ. Proc., § 437c, subd. (a)(1).) Summary judgment will only be granted “if all the papers submitted show that there is no triable iss ue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (Id., at subd. (c).) A defendant moving for summary judgment has an...

Excerpt: ... admissions (“RFAs”) were denied without objection or explanation from Plaintiffs Robert Michael and Ellen Williams (“the Williamses”). Having successfully defended himself from all twelve causes of action in the Williamses' suit, he claims that he is entitled to cost of proof sanctions. If a party is requested to admit the truth of any matter and fails to do so, and the propounding party subsequently proves the truth of that matter, the ...

Excerpt: ...action pending between the same parties due to the wrongful foreclosure of the property. Defendant claims that a wrongful foreclosure action (“foreclosure action”) was filed on August 22, 2023. (See Steven Yu v. FCI Lender Services, Inc. (Super. Ct. San Mateo County No. 23C IV03933).) Defendant has not requested judicial notice of the operative pleading in the foreclosure action to support this argument though. A demurrer may be used to chal...

Excerpt: ...shall be verifie d and allege all of the following: (a) The date of recordation of the claim of lien. A certified copy of the claim of lien shall be attached to the petition. (b) The county in which the claim of lien is recorded. (c) The book and page or series number of t he place in the official records where the claim of lien is recorded. (d) The legal description of the property subject to the claim of lien. (e) Whether an extension of cred...