Excerpt: ...nd Annie Zhao because, although they were parties to the original Complaint filed on April 17, 2017, they were not named as Plaintiffs in the First Amended Complaint (FAC) filed on October 30, 2017. According to Defendants, "this Court could not award an individual recovery to SUN and ZHAO without the FAC being amended to include SUN and ZHAO as individual plaintiffs, and that amendment being served on the Chu Defendants, which did not occur in t...

Excerpt: ...laint no later than five (5) days after service of written notice of this order. Plaintiff TGA F299 Franklin LLC's Request for Judicial Notice is GRANTED. Defendants Urban Flat, LLC's and Evan Haskell's Request for Judicial Notice is DENIED. Defendants Urban Flat, LLC ("urban") and Evan Haskell demur to the First Amended Complaint's two contract claims generally, on the basis that neither states facts suffcient to constitute a cause of action, an...

Excerpt: ... TO AMEND. The complaint contains many evidentiary allegations that Plaintiff was harassed on the basis of his Indian heritage. The Complaint, however, does not allege discrimination based on his Indian heritage. There are no allegations that Plaintiff was treated differently from any employees who were not of Indian heritage. The Complaint alleges that sexual harassment is actionable as discrimination if it is so severe or pervasive as to alter ...

Excerpt: ...ions is DENIED. Defendants move this Court to strike Plaintiff's allegations as to alter ego liability because, inter alia, they argue that Plaintiff has failed to adequately plead facts supporting a unity of interest between the Defendants such that the corporate veil should be pierced. At the pleading stage, the Court looks to whether Plaintiff has adequately pled sufficient facts to support the two requirements of the alter ego theory: unity o...

Excerpt: ...tice of this order. Plaintiff TGA F299 Franklin LLC's Request for Judicial Notice is GRANTED. Defendants Matte Sun Group's and Evan Haskell's Request for Judicial Notce is DENIED. Defendants Matte Sun Group (MSG) and Evan Haskell demur to the First Amended Complaint's two contract claims generally, on the basis that neither states facts suffcient to constitute a cause of action, and specially, on the bases that Haskell is not a proper party and t...

Excerpt: ...iberally to permit amendment of pleadings. Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939. Particularly "[w]here no prejudice is shown to the adverse party, the liberal rule of allowance prevails." Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 564. The Court agrees, in part, with Accessible Home Lift Companvs ("Accessible") allegations of delay and lack of diligence in seeking leave to amend. HSS's proposed FACC seeks to add Mesa underwriters S...

Excerpt: ...ries, depositions, and matters of which judicial notice shall or may be taken." Under Aguilar v. Atlantic Richfield Co. (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. Here, there is no opposition, so ...

Excerpt: ... entered into a General Mutual Release (the "settlement agreement") signed by the settling parties on May 25, 2023, May 29, 2023, and June 5, 2023, under which Plaintiffs unequivocally Cross-Defendant's offer of $10,000.00 to resolve their claim in exchange for a full release of all claims against Cross-Defendant. The non-exhaustive factors for making a determination of good faith settlement are provided by TechBilt, Inc. v. Woodward-Clyde & Asso...

Excerpt: ...ourt takes judicial notce of their filing dates and contents, but not as to the truth of statements/allegatons in the documents. Plaintiff's 7-27-23 Request for Judicial Notice is GRANTED. (Evid. Code Sect. 452(d)). Defendant's 8-3-23 Objections to Evidence are all OVERRULED. The Court rules on objections to evidence, not objections to alleged "facts" in Plaintiff's Separate Statement. Further, for the most part, Defendant's arguments go to the w...

Excerpt: ...illon ("Plaintiffs") is SUSTAINED WITHOUT LEAVE TO AMEND. (1) The Demurrer to the First Cause of Action for Wrongful Foreclosure is SUSTAINED WITHOUT LEAVE TO AMEND based on failure to state facts sufficient to support this claim. The SAC alleges that the Notce of Default ("NOD") improperly demanded $13,643.36. (SAC 27.) Plaintiffs acknowledge that they missed monthly $650.00 payments beginning October 2018, and were in arrears for 17 months at t...

Excerpt: ...e enforcement of a right to inspection of corporation books and records is done by Petition, not by Complaint. (2) Section 1501(c) has to do with disclosure of financial statements and/or creation of quarterly financing statements — which is not the relief that Vaid has pleaded. (3) Demand for inspection of books and records is under Sectons 1601 and 1602, not 1500 or 1501. (4) In an action to enforce under Section 1503, the Court may appoint a...

Excerpt: ..., 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON AUGUST 8, 2023. Defendant Joseph's Motion for Terminating Sanctions and Further Monetary Sanctions is DENIED. "The trial court may order a terminating sanction for discovery abuse after considering the totality of the circumstances: [the] conduct of the party to determine if the actions were willful; the detriment to the propounding party; and the number of formal and informa...

Excerpt: ...NOTIFY DEPARTMENT FOUR AND ALL OTHER PARTIES ay 4:00 P.M. ON MONDAY, AUGUST 7, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 15, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 15, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON AUGUST 8, 2023. The court VACATES the case Management Conference set for September 12, 2023 at 2:00 p.m. and resets it for Septem...

Excerpt: ...CONTINUED TO AUGUST 15, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT TH AUGUST 15, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON AUGUST 8, 2023. Defendant Snowflake, Inc.'s Mohon to Compel Compliance with Stipulated Protocol for Forensic Analysis and Request for Monetary Sanctons is GRANTED for the reasons set forth below. In November 2022, the parties entered into a Stipulated P...

Excerpt: ... no merit against El Camino Motors. The Court exercises its discretion to not rule on Plaintiffs' Objections to UMFs 7, 8, 9, 18, 20, 36, and 39 (incorrectly cited as UMFs 6, 7, 8, 17, 19, 35, 38). None of the challenged material facts is material to the Court's disposition of the motion. (Code of Civ. Proc. S 437c, subd. Further, objections must be to evidence. Except for Objection No. 1, Plaintiff improperly objects to the undisputed Material F...

Excerpt: ...ocedure Section 430.10(e). Counsel for Defendants shall prepare, circulate and submit a proposed Judgment of Dismissal. Each of the complaints in the consolidated achon is based on a 60-day notice and intent for the landlord and his family to move in under the City of East Palo Alto 2010 Rent Stabilization and Just Cause for Eviction Ordinance (the "Just Cause Ordinance"), with each notce stating: ...Landlord is in compliance with Sections 14.04....

Excerpt: ...ion for summary adjudication of issues. As a preliminary matter, the exhibits filed in support of this motion fail to comply with California Rules of Court rule 3.1110(f)(4). All future exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit. Failure to properly bookmark exhibits may result in rejection of the filin...

Excerpt: ...der it entered, it may do so on its own motion and enter a different order. Here, Plaintiff requests that the Court reconsider its August 6, 2021 Order compelling arbitration and staying this action pending resolution of that arbitration. As Defendant points out, Plaintiff's Motion is not a Motion of the Court, so Section 1008(c) does not grant authority for Plaintiff to bring this Motion. Opp. 2:11-18. Plaintiff acknowledges in their Reply brief...

Excerpt: ...obayo's ("Plaintiff") First Amended Complaint ("FAC") is SUSTAINED as to each asserted cause of acton. Code Civ. Proc. Sect. 430.10(e). Page limit violation. In addition to other violations of the California Rules of Court (CRC), Plaintiff's 53-page Opposition brief exceeds the page limit by about 38 pages. See CRC 3.1113(d) (Opposition briefs limited to 15 pages). The Court has disregarded the portion of Plaintiff's Opposition brief that exceeds...

Excerpt: ...rded to Plaintiff MDIG, the Motion to Tax is DENIED. With respect interest accrued on the judgment, the Court will decide this issue at the Sept. 14, 2023 hearing. Background. In Nov. 2016, the parties entered into a Settlement Agreement, which provided that Defendants/Judgment Debtors South Bay Real Estate Commerce Group, LLC and George Cresson would pay $450,000 to plaintiff/Judgment Creditor Mount Diablo Investment Group (MDIG), per a payment ...

Excerpt: ...poenas of four affiliated persons—Jo Chamberlain, Michael Kimsey, Chris Carneghi, and Kenneth Habeeb—issued by Defendants and Crosscomplainants Thomas J. Gearing and Daniel K. Gearing (collectively "the Gearings") for oral testimony and scheduled for June 12 and 13, 2023. In the alternative, Coastside Land Trust requests a protective order limiting the scope of these depositions. A. Coastside Land Trust Has Standing Both the Notice and Amende...

Excerpt: ...l. CCP S 564.6(a). The individual Plaintiffs and individual Defendants (with Bryan Holmes signing as managing member of FFC Alameda DLP, LLC) all signed a written settlement agreement laying out payments owed by Defendants to the Plaintiffs according to a payment schedule. Ex. A to Decl. of Adam L. Pedersen ("Pedersen Decl."). There is no dispute as to the amount or terms contained in the settlement agreement. Defendants have failed to make payme...

Excerpt: ...n arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that the right to compel arbitration has been waived by the petitioner, or grounds exist for rescissio...

Excerpt: ...to Demurrer" filed May 26, 2023 (11 pages), (2) "Objection to Demurrer Amendment" filed June 5, 2023 (3 pages), and (3) "Defendants Demurrer Action and Plaintiff's Points and Authorities" filed June 5, 2023 (10 pages). "Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages." (Cal. Rules of Court ("CRC") Rule 3.1113(d).) All three documents together therefore violate the page limits pe...

Excerpt: ...2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 1, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 1, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON JULY 25, 2023. Defendants James Kochman's and Terrie Kochman's Demurrer to Plaintiff Tellus App, Inc.'s Complaint is OVERRULED. Defendants shall serve an answer within five calendar days of notice of entry of o...

Excerpt: ... without leave. 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 achon under any legal theory, as a matter of law. (New Livable Cal. v. Association of Bay Area Gov'ts (2020) 59 cal.App.5th 709, 714-715; Genis v. schainbaum (2021) 66 cal.App.5th 1007, 1014.) The demurrer may be made to the entre complaint or to any of the ca...

Excerpt: ...IED. Plaintiff's request for sanctions is also DENIED. Defendant seeks Plaintiff's medical/psychological records, which are personal records as defined in Code of Civil Procedure section 1985.3(a)(1). Giang Decl„ 98. A Notice to Consumer dated May 27, 2022 was included with the subpoena in compliance with the requirements of Section 1985.3(b), (e) regarding consumer records. ld.; Exh. A. This procedural requirement has therefore been satisfied....

Excerpt: ...3. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 1, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 1, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON JULY 25, 2023. Plaintiff's Notice of Motion incorrectly states that the hearing will be held at the Court's Redwood City address, rather than the correct address for Department 4 of the Central Courthouse, 800 N H...

Excerpt: ... active docket on the ground that Defendant Fernanadina Y Quiambao ("Defendant") defaulted in making payments pursuant to the Stipulated Settlement Agreement between the parties. (See D'Anna Decl., and Exh. 1.) Plaintiff seeks to set aside the Notice of Settlement under Code of Civil Procedure secton 473(b). Plaintiff contends that the Notice of Settlement was filed due to the mistake, surprise, inadvertence and/or neglect of Plaintiff's counsel ...

Excerpt: ...TMENT FOUR AND ALL OTHER PARTIES BY 4:00 P.M. ON MONDAY, JULY 24, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 1, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 1, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON JULY 25, 2023. PLAINTIFF HAS CONTESTED THE TENTATIVE The Motion of Defendant Sutter Bay Hospitals ("Sutter") to Compel Arbitration and to Stay t...

Excerpt: ...IED. Plaintiff's request for sanctions is also DENIED. Defendant seeks Plaintiff's medical/psychological records, which are personal records as defined in Code of Civil Procedure section 1985.3(a)(1). Giang Decl„ 98. A Notice to Consumer dated May 27, 2022 was included with the subpoena in compliance with the requirements of Section 1985.3(b), (e) regarding consumer records. ld.; Exh. A. This procedural requirement has therefore been satisfied....

Excerpt: ...TMENT FOUR AND ALL OTHER PARTIES BY 4:00 P.M. ON MONDAY, JULY 24, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 1, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 1, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON JULY 25, 2023. PLAINTIFF HAS CONTESTED THE TENTATIVE The Motion of Defendant Sutter Bay Hospitals ("Sutter") to Compel Arbitration and to Stay t...

Excerpt: ...3. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 1, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 1, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON JULY 25, 2023. Plaintiff's Notice of Motion incorrectly states that the hearing will be held at the Court's Redwood City address, rather than the correct address for Department 4 of the Central Courthouse, 800 N H...

Excerpt: ... without leave. 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 achon under any legal theory, as a matter of law. (New Livable Cal. v. Association of Bay Area Gov'ts (2020) 59 cal.App.5th 709, 714-715; Genis v. schainbaum (2021) 66 cal.App.5th 1007, 1014.) The demurrer may be made to the entre complaint or to any of the ca...

Excerpt: ...is SUSTAINED WITH LEAVE TO AMEND. To state a claim against a public entity, "every fact material to the existence of its statutory liability must be pleaded with particularity." (Lopez v. Southern Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780, 795.) Plaintiffs fail to plead material facts with particularity against CCSF, and instead include the same general allegations against all defendants regarding liability for dangerous condition of public p...

Excerpt: ...ge in a good faith interactive process; (6) retaliation for exercising rights under FEHA; (7) retaliation in violation of CFRA; (8) failure to prevent harassment, discrimination, and retaliation; (9) whistleblower retaliation; (10) wrongful termination in violation of public policy; (11) violation of Business and Professions Code S 17200 et seq. After filing their Answer, Defendants demurred to Plaintiff's third cause of action, harassment, on th...

Excerpt: .... Standing Plaintiff has not alleged an interest in the Property. Although he alleges that he attempted to adversely possess the Property, and that he attempted to buy it at public auction, he does not allege that either attempt vested him with an interest, nor do the alleged facts support such a conclusion. A complaint filed by a party who lacks standing is subject to demurrer because it fails to state a cause of action by the particular named p...

Excerpt: ...cises its discretion to not rule on Plaintiffs' Objections to the Declaration of Marites Reddy or Defendant's Objections to Exhibits D and H to the Declaration of Vanessa Efremsky (police report and toxicology report). None of the challenged evidence was material to the Court's disposition of the motion. (Code of Civ. Proc. S 437c, subd. (q).) A. Workers' Compensation Is the Sole Remedy for Plaintiffs' Claims. In general, workers' compensation be...

Excerpt: ...arbitration all claims raised in the Complaint. This action is STAYED pending resolution of the arbitration proceedings. Defendant Greystar Management Services, LP ("Greystar") moves here to compel Plaintiff Giovanni Bruschi's claims regarding his former employment with Greystar. The parties do not dispute that a valid arbitration agreement governed by the Federal Arbitration Act (the "FAA") covers at least some of the claims asserted in the Comp...

Excerpt: ...nts' request for judicial notice is GRANTED pursuant to Cal. Evidence Code Section 452(c). The Notice of Pendency of Action relating to 15 Salmark Court, Hillsborough, California, APN 038-181-250 ("Property"), recorded on January 20, 2022, in the office of the County Clerk-Recorder of San Mateo County, Document Number R0003203261 is hereby expunged. Cal. Code of Civil Procedure Section 405.20 allows a party to an action who asserts a real propert...

Excerpt: ...in this case is premature, and discovery of Mr. Carneghi's work as a consulting expert concerning his appraisals is protected by attorney privilege. Defendants respond that "Carneghi must be made available as a fact witness so that he may testify about the physical descriptions of all the lots that he perceived." (Opp., p.13.) According to Defendants, "If not permitted to depose him at this tme and only after he was formally disclosed, [Defendant...

Excerpt: ... $9,744.60 on the counts for an open book account and account stated. The final judgment shall be entered in accordance with such upon termination of the action. A. Legal Standard on Summary Judgment or Adjudication Pursuant to Code of Civil Procedure secton 437c, a party may move for summary judgment if it contends that there is no defense to the action. (Code of Civ. Proc., S 437c, subd. (a)(l).) In addition, "[al party may move for summary adj...

Excerpt: ...iled within 10 days' notice of the order being challenged. (Code of Civ. Proc. S 1008, subd. (a). The order was entered December 29, 2021, but no Proof of Service is on file showing that the Order was served on any party. Therefore, the 10-day limit does not preclude a motion for reconsideration. Regardless, the motion is denied for failure to demonstrate the existence of new or different facts, c:ircumstances, or law that were not before the Cou...

Excerpt: ... 1, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 1, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON JULY 25, 2023. The Motion of Defendant Sutter Bay Hospitals ("Sutter") to Compel Arbitration and to Stay the Underlying Litigation is GRANTED. Sutter seeks to compel arbitration on the ground that there is an agreement to arbitrate the claims alleged in Plaintiff Michael L...

Excerpt: ...2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON JULY 25, 2023. Defendants James Kochman's and Terrie Kochman's Demurrer to Plaintiff Tellus App, Inc.'s Complaint is OVERRULED. Defendants shall serve an answer within five calendar days of notice of entry of order. (Code of Civ. Proc., S 1167.3; Cal. Rules of Court, rule 3.1320(g).) Defendants James Kochman and Terrie Kochman (collectively "the Kochmans") here specially demur to the C...

Excerpt: ...DOPTED AT THE AUGUST 1, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON JULY 25, 2023. For the reasons stated below, the Court-appointed Referee Hon. Joseph F. Biafore, Jr.'s (Ret.) "Supplemental Application for Payment of Fees and Discharge," filed May 19, 2023, is GRANTED-IN-PART and DENIED-IN-PART. code Civ. Proc. Sects. 873.810; 874.010 et. seq. Background. The Court's prior orders summarize the case background, which th...

Excerpt: ...ase Information Technology Corp.'s, and Hong Kong NetEase Interactive Entertainment Ltd.'s and Defendants and Cross-complainants Krafton, Inc.'s and PUBG Santa Monica, Inc.'s Joint Motion to Seal Trial Exhibits and Testimony is GRANTED. Plaintiffs and Cross-defendants NetEase, Inc., NetEase Information Technology Corp„ and Hong Kong NetEase Interactive Entertainment Ltd. (collectively "NetEase") and Defendants and Cross-complainants Krafton, In...

Excerpt: ...ntage of the CCP 474 Dæ amendment procedure where the plaintiff is ignorant of the defendant's actual identity or the facts that give rise to liability against that defendant. (McOwen v. Grossman 153 Cal.App.4th 937, 942-943.) Plaintiff filed this action on October 16, 2020 but learned of the facts creating liability against defendant afterwards. (Leeds Decl., 3-4; Mish Decl., Ex. B, Werner Decl., 3.) Plaintiff could have discovered the informat...

Excerpt: ...RULING PART 2 OF on the Discovery calendar for Friday, July 21, 2023, Line 3, (specially set to be heard at 1:30 pm. by Jude Pro Tem Scott aorrowman) PLAINTIFFS PEBBLEBROOK HOTEL, LP, PEBBLE8ROOK HOTEL TRUST, SERENITY NOW, LP, A DELAWARE LIMITED PARTNERSHIP, LET IT FLHO, LR A DELAWARE LIMITED PARTNERSHIP, GEARY DARLING, LP. A DELAWARE IMITED PARTNERSHIP, SF TREAT, LP, A DELWARE LIMITED PARTNERSHIP'S MOTION TO COMPEL FURTHER RESPONSES TO FORM INTE...

Excerpt: ...er Re Depositions Of Mydatt Employees Jeffrey Knipmeyer And Fred Anderson And Request For Monetary Sanctions Pro Tem Judge Robert Kane, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all par...