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: ...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: ...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...

Excerpt: ...n on Plaintiff Lorie Jones' Complaint. For the reasons below, summary judgment is warranted. A. Legal Standard on Summary Judgment "A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding." (Code Civ. Proc., S 437c, subd. (a)(l).) A cause of action has no merit if one or more of its elements cannot be separately established or an affir...

Excerpt: ...e regular law and motion calendar, if the court determines that the parties need more time for argument, the court will set another hearing for further briefing. One party has called Department 4 about a power point presentation and, if time allows, the court has no objection to such a presentation. Defendants seek judgment on the pleadings. By stipulation, the parties agreed that this motion is the "proper procedural vehicle to resolve the issue...

Excerpt: ... many of its vehicles, including a vehicle sold to Plaintiff, thereby fraudulent concealing a material defect in the vehicles and putting Plaintiff and other consumers at increased risk. AHM demurs to the second cause of action in the Complaint, fraudulent concealment, on the following grounds: (1) failure to state a cause of action because Plaintiff has not adequately alleged that AHM owed Plaintiff a duty of disclosure; (2) uncertainty, unintel...

Excerpt: ...cause of action and are uncertain. (Notice at p. 2 citing Code Civ. Proc., S 430.10, subd. (e),(f).) The court agrees. The court first notes that the proofs of service ("POS") of defendant's demurrer, supporting documents and reply do not include plaintiff's zip code although plaintiff includes it in the complaint and the zip code is in the court file. The United States Post Office explains that zip code delays delivery. (https://faq.usps.com/s/a...

Excerpt: ...location of the hearing].) The parties should be aware that the Hon. Nancy L. Fineman, Department 4 is located at the Central Courthouse, Department G, 800 North Humboldt St., San Mateo, CA 94401. The court provided this information to the parties through the tentative ruling for the April 4, 2023 hearing and the hearing's minutes. Defense counsel is ordered to contact plaintiff by 4:00 p.m. on Monday, December 18, 2023 to provide the proper loca...

Excerpt: ...ourt repeats the tentatve issued on December 11, 2023: The court rules on plaintiff Delma Jefferson's motion for leave to file an amended complaint (Plaintiff moves to file a "Second" Amended Complaint, but the record shows that no First Amended Complaint is on file) as follows: Defendant Brayan Perez properly objects that plaintiff failed to provide proper notice yet also responded substantively on the merits. A defendant who does not receive pr...

Excerpt: ...y sanctions against plaintiff Daniel Jay Fried's counsel and the court GRANTS plaintiff Daniel Jay Fried's motion for leave to augment his expert designation on the following conditions: (1) Joseph R. Pohlot be made available no later than January 3, 2024 and plaintiff pay the cost for an expediated deposition transcript (responsible only for the cost associated with the expediated amount); (2) defendant may designate its own expert economist no ...

Excerpt: ...issues to be adjudicated and is supported by an 18-page Separate Statement of undisputed Material Facts. Plaintiffs' Opposing Separate Statement is more than three times as long and supported by 60 exhibits consuming more than 1,300 pages. Plaintiffs' Opposing Separate Statement does not further the purpose of the Separate Statement requirement, but rather hinders it. Plaintiffs' Opposing Separate Statement does not allow the Court to easily iden...

Excerpt: ... Cory L Cooper ("Cooper"), a real estate agent who was associated with Defendant Dwell Realtors ("Dwell") at the time of the transaction, failed to properly obtain Mr. Driker's signature on the cancellation addendum. Plaintiff then decided again to sell the property in 2021 and hired Cooper, who was by then associated with Defendant Compass California II, Inc. ("Compass"), to facilitate the sale, again to Mr. Driker. Shortly after Plaintiff hired...

Excerpt: ...ritten notice of the formal order. The First Amended Complaint (the "FAC") asserts two causes of action, for conversion and for intentional infliction of emotional distress ("IIED"). Vinogradova demurs here to the second cause of action for IIED on the grounds of uncertainty and that fails to state facts sufficient to state a cause of action. (Code of Civ. Proc., S 430.10, subd. (e)—(f).) Vinogradova offered no argument in support of her specia...

Excerpt: ...iary duty," and "breach of contract") the Demurrer is OVERRULED. As to Cause of Action No. 2 ("elder abuse"), the Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. (Code Civ. Proc. sect. 430.10(e).) Defendants' 10-24-23 Request for Judicial Notice (RJN) is GRANTED as to Exhs. A & B (Evid. code sect. 452(c)), and GRANTED as to Exhs. C, D, E(l), (2), and (3), and F (Evid. code sect. 452(d).) The RJN is DENIED as to Exhs. E(4), (5) and (6) on grounds th...

Excerpt: ...aint at paragraphs 36—37, 39, and 4142. Plaintiffs Abdulrahman Alkablany and Majdy Alkablany shall, jointly and severally, pay Defendants Severum, LLC's and Dean Najdawi's reasonable attorney fees in the amount of $4,000 no later than thirty (30) days after service of written notice of this order. Defendants Severum, LLC's and Dean Najdawi's Objections to Evidence are SUSTAINED as to items nos. 1 and 4—5 and OVERRULED as to nos. 2—3 and 6. ...

Excerpt: ...to Compel Arbitration, in which defendant Giyasim Babayev has joined, is GRANTED pursuant to Code of Civil Procedure, secton 1281.2. Where a party petitions the court alleging the existence of a written arbitration agreement, contends that another part refuses to arbitrate a controversy covered by the agreement, and the court determines that an agreement to arbitrate the controversy exists, it shall order the parties to arbitration unless the cou...

Excerpt: ...ts filed their Demurrer to the initial Complaint, plaintiff Martin Lanfranco ("Plaintiff") filed a First Amended Complaint ("FAC"). he parties stipulated that the Demurrer would be treated as a Demurrer to the FAC instead, and the stipulation was approved by the Court. (Stipulation and Order filed November 30, 2023.) Thus, the Court treats this Demurrer as a Demurrer to the FAC. Defendants loan Depot and Perrez's Demurrer to the First Cause of Ac...

Excerpt: ...ss-Defendants Route Advisors, Miriam Liang, and Joe Liang. (Code Civ. Proc., S 418.10.) Route Advisors and the Liangs did not waive the right to challenge personal jurisdiction. Crosscomplainants ZRa',' Transportation, Inc. and Araceli Avellaneda argue that by filing a demurrer together with a motion to quash service of Summons, Route Advisors and the Liangs have made a general appearance, and thus have waived the right to challenge personal juri...

Excerpt: ...PEAR (Zoom appearance is acceptable), and if possible, their clients should be available for consultation. By ex parte application, the court put this motion on calendar on shortened time. Due to Judge Fineman's mistake, she put the date for opposition as the date of the hearing. The court appreciates counsel for defendants Yafei Liu, Chao Liu and Zhiying Qui (collectively opposing defendants) filing their opposition on December 5, 2023. If any o...

Excerpt: ...ded to the Court, preferably at the time that the notice of motion and other motion papers are filed. At the outset, the Court is hard-pressed to evaluate the merits of the motion without first being able to determine that service was proper, as service and notice are so fundamental to concepts of due process as to be deemed jurisdictional in nature. (Oats v. Oats (1983) 148 Cal.App.3d 416, 420.) Plaintiff's opposition brief rests solely on the i...

Excerpt: ...motion for leave to file an amended complaint (Plaintiff moves to file a "Second" Amended Complaint, but the record shows that no First Amended Complaint is on file) as follows: Defendant Brayan Perez properly objects that plaintiff failed to provide proper notice yet also responded substantively on the merits. A defendant who does not receive proper notice is in a difficult position. (Robinson v. Woods (2008) 168 Cal.App.4th 1258, 1267-1268 [dis...

Excerpt: ... Morgan Hill v. Brown (1999) 71 Cal.App.4th 1114, 1126.) First, the court determines whether plaintiff may bring the action and force the claimants to interplead. (ld. at pp. 1126-1127.) Second, if it is so determined, then the court discharges plaintiff and then determines the rights of the various claimants to the property deposited with the court. (ld. at p. 1127.) In this case, Plaintiff has not demonstrated that all Defendants have answered ...