Excerpt: ...v. Proc., S 430.10, subd. (e).) A. Background This case arises from a series of disputes between plaintiff Tadayoshi Hirata and individual defendant William Watt ("Watt"), who is alleged to be an officer and manager at defendant AVM. AVM filed a demurrer to plaintiff's First Amended Complaint ("FAC"), which the Court sustained with leave to amend. (September 13, 2023 Minute Order.) As did the FAC, the SAC again asserts four causes of action again...

Excerpt: ... TENTATIVE WILL BE ADOPTED AT THE JANUARY 9, 2024 HEARING. The instant action turns on Plaintiff's allegations surrounding a motor vehicle crash and the resultant injuries Plaintiff suffered. Defendant now moves to compel responses to the thirteen requests for production that make up Defendant's Request for Production of Books, Documents, and Other Things, Set Two. (Ex. A to Notice of Motion Compelling Compliance under Code of Civil Procedure sec...

Excerpt: .... IF THE COURT DOES NOT RECEIVE NOTICE THAT THE TENTATIVE IS CONTESTED, THEN THE TENTATIVE WILL BE ADOPTED AT THE JANUARY 9, 2024 HEARING. The Motion of plaintiffs/Cross-Defendants Thomas Robert Brouchoud and Lynda Elaine Flores Brouchoud, Trustees of the Thomas Robert Brouchoud and Lynda Elaine Flores Brouchoud Trust Dated August 27, 2004 ("Plaintiffs") to Tax the Costs Memorandum by Defendants/crosscomplainants Aldo L. Milani, Paul M. Hunter, L...

Excerpt: ... papers, with the determinative fact for the Court being that the Confidential Settlement Agreement and Release (Fairbrother Decl„ Exh. D) was never signed by Plaintiffs or their counsel. Nevertheless, Defendant now seeks to enforce that Agreement. Whether the Notice of Settlement (Fairbrother Decl., Exh. C) was filed inadvertently is irrelevant. Plaintiffs argue that the settlement agreement cannot be enforced pursuant to CCP 5664.6 because it...

Excerpt: ...IED IN PART. The burden of proof is on Defendants that a cause of action cannot be established by showing the undisputed facts presented by Defendants prcwe the contrary of Plaintiffs' allegations as a matter of law. Brantley v. Pisaro (1996) 42 Cal.App.4th 1591, 1597. Defendants, as moving parties, cannot "simply argue or allege that the opposing party has no evidence." Scheiding v. Dinwiddie Construction Company (1999) 69 Cal.App.4th 64, 80—8...

Excerpt: ...is DENIED. A cross-complainant has met his or her burden of show-ng that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. (CCP Once the cross- complainant has met that burden, the burden shifts to the cross-defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. (Ibid.) Th...

Excerpt: ...o constitute a cause or causes of action against the defendant and the answer does not state facts suffcient to constitute a defense to the complaint." (CCP The grounds must appear on the face of the answer or from any matter of which the Court may take judicial notice. (ld., at subd. (d).) The Court may take judicial notice of admissions or inconsistent statements that a defendant has made and that cannot be reasonably controverted and thus disr...

Excerpt: ...ons of the complaint determine whether a "real property claim" is involved. (Urez Corp. v. Sup.Ct. (1987) 190 Cal.App.3d 1141, 1149.) A "real property claim" is any cause of action which, if meritorious, would affect title to specific real property. (Code of Civ. Proc. S 405.4.) "Real property claim" includes a marriage dissolution proceeding in which ownership of real property is at issue. (Kane v. Huntley Fin" (1983) 146 Cal.App.3d 1092, 1095.)...

Excerpt: ...20-23 Requests for Judicial Notice are GRANTED. (Evid. Code Sect. 452(d).) As to these court-filed documents, the Court takes judicial notice of their contents and filing dates, but not the truth of statements/allegatons therein. Defendants' 12-20-23 Objection to the Treasa Gavin declaration is SUSTAINED on grounds that on a motion for judgment on the pleadings, the Court may only consider the subject pleading, and matters subject to judicial not...

Excerpt: ...t Portfolio Servicing, Inc.'s and U.S. Bank, N.A.'s Request for Judicial Notice is DENIED as irrelevant. (AL Holding Co. v. O'Brien & Hicks, Inc. (1999) 75 Cal.App.4th 1310, 1313 fn. 2 ["a court must decline to take judicial notice of material that is not relevant"].) Defendants Select Portfolio Servicing, Inc. and U.S. Bank, N.A. (collectively, "Lenders"), the latter in its capacity as trustee for WaMu Mortgage Pass Through Certificate For WMALT...

Excerpt: ...ormance of the agreement, declaratory relief, or, in the alternative, for resc:ission of the agreement based on mutual mistake. Defendant 930 Linden Ave LLC ("Defendant" or "Linden") now demurs to the Complaint. A demurrer tests the legal sufficiency of the pleadings, raising issues of law but not fact regarding the form or content of the opposing party's pleading. (Donabedian v. Mercury Ins. Co. (2004) 116 CA4th 968, 994.) For the purposes of de...

Excerpt: ... at least $281.18 commencing on April 30, 2021, until the "compromise sum" of $10,122.50 was paid off in full. (Declaration of Gloria Zarco ("Zarco Decl."), Ex. 1 ("Stipulation") '13).) Plaintiff asserts that Defendant has failed to make payments on the compromise sum since March 30, 2023, and has not paid the compromise sum in full. Plaintiff now moves the Court to enter judgment pursuant to the terms of the settlement under CCP S 654.6. CCP S 5...

Excerpt: ...ssion regarding a 2020 Kia that plaintiff allegedly wrongfully possesses. The court denied Budget's writ application on September 5, 2023. Budget now seeks another writ of possession over the same car in a nearly identical writ application filed October 10, 2023. This is a renewed motion under CCP 1008(b). Section 1008(b) requires a party bringing a renewed motion to submit an affidavit [or declaration] identifying new or different facts, circums...

Excerpt: ...ed in the complaint. To be sure, the Reply make a new argument that the trade secret allegations are insufficient, but that's a new argument not properly before the court. Cf., High Sierra Rural Alliance v. County of Plumas (2018) 29 Cal.App.5th 102, 112 n.2. (2) An intentional interference with contract is a wrong in and of ftself, and the complaint states that cause of action. Ixchel Pharma, LLC v. Biogen, Inc. (2020) 9 Cal.5th 1130, 1142. The ...

Excerpt: ...ourtroom 2F. Defendants' counsel's declaration fails to establish compliance with the meet and confer requirement under CCP 5430.41, which states in relevant part: (a) Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objecti...

Excerpt: ...ifications herein. Accordingly, the Court's prior tentative from December 1, 2023, is adopted and incorporated here by this reference. The parties' supplemental briefing following the hearing on December 1, 2023, has not persuaded the Court to change its prior tentative decision that relief is warranted under CCP 5473.5. Here, two years have not yet passed since the default judgment was entered. (See Mar. 30, 2023 Default Judgment.) Nor have 180 ...

Excerpt: ...in order to comply with this re-designaton of the case. That is a significant and unreasonable amount of clerical work that would be an undue burden on this Court's already overworked Clerk's Office. This is especially true in light of the fact that the Court is not correcting ANY clerical error, but rather a result of alleged inadequate legal advice by Defendant's former counsel. Accordingly, Defendant and/or her counsel must perform the tasks o...

Excerpt: ... the opposing party's evidence must be liberally construed." (Binder v. Aetna Lie Ins. Co. (1999) 75 Cal.App.4th 832, 838.) There are a triable issues of material fact regarding whether plaintiffs substantially performed their agreements. (Magic Carpet Ride LLC v. Rugger Investment Group, L.L.C. (2019) 41 Cal.App.5th 357, 364 ["What constitutes substantial performance is a question of fact. The evidence creating triable issues of material fact ar...

Excerpt: ...law. Brantley v. Pisaro (1996) 42 Cal.App.4th 1591, 1597. Defendants, as moving parties, cannot "simply argue or allege that the opposing party has no evidence." Scheiding v. Dinwiddie Constructon Company (1999) 59 Cal.App.4th 64, 80—81. Further, Defendants evidence is to be strictly construed in determining whether they have met their initial burden with doubts or ambiguities at this stage resolved in Plaintiffs' favor. Johnson v. American Sta...

Excerpt: ...fs and exhibits to the trial briefs). Any new motion must be heard in Department 611 before Judge Karnow (contact his clerk for a date and time). The moving party must: At the time of filing, lodge with Department 611, but not file, a "delta" document which is comprised of documents the subject of the sealing motion, redlined to show the specific words or portions sought to be deleted from the public file; Rely only on admissible evidence to show...

Excerpt: ...chard Poletti, individually and dba Poletti Realty, and John Poletti, is GRANTED in part and DENIED in part as discussed herein. Issue 1: Claims by Keith Giusto against Poletti Defendants The MSA is DENIED as to Issue 1. It is undisputed that Plaintiff Keith Giusto asserts no claims against any of the Poletti Defendants. Therefore, summary adjudication cannot be granted on claims that are not alleged and there are no claims to dismiss. Issue 2: T...

Excerpt: ...part, as follows: Timeliness of Motion Unless notice of a motion to compel further responses to interrogatories is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing, the propounding party waives any right to compel a further response to the interrogatories. Cal. Code of Civil Pro...

Excerpt: ... improper purpose to harass Defendant, (2) the fraud claim is not warranted by existing law, and/or (3) is devoid of evidentiary support. (See Code of Civ. Proc. S In order to obtain sanctions under section 128.7, the moving party must show that other party's conduct in asserting the claim was objectively unreasonable. (Kumar v. Ramsey (2021) 71 Cal.App.5th 1110, 1120.) A claim is objectively unreasonable if " 'any reasonable attorney would agree...

Excerpt: ... for Judicial Notice (RJN) is GRANTED in its entirety. (Evid. Code Sect. 452(d).) The Court hereby incorporates its Order denying Defendant Evernote's Special Motion to Strike the FAC'S asserted claims. Although a SLAPP motion, unlike a demurrer, permits the Court to consider evidence external to the pleading, here, Evernote's ant-SLAPP motion and this demurrer involve overlapping issues and analyses. Thus, the Court incorporates, herein, its Ord...

Excerpt: ...tiffs Third Amended Complaint is: (1) being presented primarily for an improper purpose to harass Defendant, (2) the fraud claim is not warranted by existing law, and/or (3) is devoid of evidentiary support. (See Code of Civ. Proc. S In order to obtain sanctions under section 128.7, the moving party must show that other party's conduct in asserting the claim was objectively unreasonable. (Kumar v. Ramsey (2021) 71 Cal.App.5th 1110, 1120.) A claim...