Excerpt: ...nt, and further leave to amend is not justified. Defendant shall prepare, circulate and submit a proposed Judgment. Defendant's Request for Judicial Notice is GRANTED\. "[T]he elements of an achon for fraud and deceit based on a concealment are: (1) the defendant must have concealed or suppressed a material fact, (2) the defendant must have been under a duty to disclose the fact to the plaintiff, (3) the defendant must have intentionally conceale...

Excerpt: ...O DECEMBER 5, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE DECENBER 5, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON NOVEMBER 28, 2023. Plaintiff's Moton to Compel Further Responses to Form Interrogatories, Set Two, is DENIED for the reasons set forth below. Plaintiff served Defendant Rosie Elena Rivera with his first set of form interrogatories, which included which Form Int...

Excerpt: ... Counsel exchanged emails on March 27, 2023 regarding the filing of the Cross-complaint and the need for Mr. Perdue to obtain joint representation waivers from Cross-Defendants. Sorba Decl„ "3-4. Counsel for Crosscomplainant followed up via email on April 3, 2023. Ibid. , 95. Cross-Defendant Fofoanga Club filed an Answer to the Cross Complaint through Mr. Perdue on April 17, 2023. Ibid. , 96. Cross-complainant's counsel sent an email on May 31,...

Excerpt: ...l in opposition to this Motion, but failed to file any application or moton to have these documents filed under seal. "A party requesting that a record be filed under seal must file a motion or an application for an order sealing the record." (CRC Rule 2.551(b)(1).) "The moton or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing." (Ibid.) Accordingly, the documents are hereby ORDE...

Excerpt: ...uests for judicial notice are GRANTED, but not for the truth of the matters contained therein. The Court notes that Defendant filed a request for judicial notice that is over 800 pages long, but Defendant failed to "bookmark" the exhibits thereto. This is in violation of CRC Rule 3.1110(f)(4) and ü)cal Rule 3.3. Accordingly, the Court was left to scroll through 800 individual pages, which is abusive. Defendant is hereby warned that failure to co...

Excerpt: ... strike paragraphs 19 and 25 from the First Amended Complaint on the grounds that these paragraphs contain false matter under CCP S 436. However, the grounds for a motion to strike must appear on the face of the pleading under attack, or from matter which the court may judicially notice. (CCP S 437.) The falsity of Plaintiff's allegations does not appear on the face of the FAC, and Defendants have not requested that the Court take judicial notice...

Excerpt: ...The Agreement was signed by Defendants Li and Xie. Defendant Xie failed to make the payment due on or before April 21, 2023 and failed to make the $25,CM payment due on or before May 21, 2023. (Flegel Decl., '1 4.) The parties' Agreement provides that, "The Superior Court of California for the State of California shall have jurisdiction to enforce this Agreement." (Flegel Decl., Ex. A, 5.) The Agreement also states that "If Xie fails to timely de...

Excerpt: ...Code SS 3439 et seq. For the reasons set forth below, Defendant's moton for summary judgment is DENIED. The facts relevant to the pending motion are as follows: according to Plaintiffs' First Amended Complaint ("FAC"), Defendant DBM Cloud Systems Inc. ("DBM") is a software development company that allegedly entered into 28 separate loan agreements with the Plaintiffs between December 20, 2016 and October 12, 2019, by which the Plaintiffs collecti...

Excerpt: ...vice of notice of entry of judgment, as required by California Rules of Court rule 3.1700(a)(1). The form Complaint asserts two causes of action for breach of contract and four common counts. (Dec. 14, 2022 Complaint, pp. 3—6.) Each of these six counts are merely pleadings of alternative legal theories to recover a single debt. The only discrepancy in the requested remedies is that attorney fees are requested only under the first cause of actio...

Excerpt: ...murrer should be sustained because Plaintiff failed to properly serve Defendant with the Second Amended Complaint. Defendant cites no authority for sustaining a demurrer on this ground though. Instead, this may be a valid ground for a motion to strike. (See Code of Civ. Proc. S 436(b).) Nevertheless, Plaintiff is cautioned to properly serve Defendant with any amended pleading in the future and to file a proof of service with the Court. Plaintiff'...

Excerpt: ... as follows: The court OVERRULES the demurrer on uncertainty grounds. Defendants raise this ground in their demurrer, but fail to discuss it in their brief. "The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced." (Cal. Rules of Court, rule 3.1113(b); Fenton v. Groveland Community Services ...

Excerpt: ...ice of entry of order. Irene Lopez Perez ("Perez") moves here for leave to intervene in this matter regarding disputed title to a mobile home (the "Property") and file her proposed complaint in intervention. (See Oct. 4, 2023 Motion, pp. 9—27.) A. Legal Standard on Intervention A nonparty may petition a court for leave to intervene by filing a noticed motion that includes a copy of the pleading in intervention and sets forth the grounds on whic...

Excerpt: ...osition to an unlawful detainer summary judgment motion may be made in writing until the court day before the hearing, or orally at the time of hearing pursuant to California Rules of Court, rule 3.1351(b), (c). The parties shall APPEAR. According to the complaint, defendants agreed to rent the premises at 408 C Street, #2, South San Francisco, CA 94080 and they failed to pay rent but continue to hold over even after service of the three- day not...

Excerpt: ...TIVE IS CONTESTED, THE CONTESTING PARTY MUST NOTIFY DEPARTMENT FOUR AND ALL OTHER PARTIES BY 4m P.M. ON MONDAY, NOVEMBER 6, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO NOVEMBER 14, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE NOVEMBER 14, 2023 AT P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON NOVEMBER 7, 2023. PLAINTIFF PROVIDED NOT CE THAT HE IS CONTESTING. The court denies p...

Excerpt: ... GRANTED as to Exhibits 5-6. (Evid. Code Sect. 452(c).) As to each of these documents, the Court takes judicial notce of their contents and the dates that they were filed and/or issued, but the Court does not take judicial notice of the truth of statements/allegatons in the documents. Plaintiff Li's 10-24-23 Reply brief was untimely filed, but the Court has considered it. Plaintiff's Reply brief was due 10-23-23. Plaintiff filed it on 10-24-23, o...

Excerpt: ...E failed to provide verified responses to Form Interrogatories that were served in July 2021. The Court granted Plaintiff Oakville Produce Partners' motion to compel verified responses and ordered Defendant Le to provide verified responses "within 14 days of service of this order" and to pay a monetary sanction of $1,185.00 "within 30 days service of this order." (Order, Dec. 8, 2022 (filed Dec. 9, 2022.) Plaintiff served Notice of Entry of Order...

Excerpt: ... COA for Breach of Contract Plaintiffs were given leave to amend the original Complaint as to the sustained demurrer to the Second Cause of Action for Fraud. See June 20, 2023 Order. The amendments to the First Cause of Action for Breach of Contract were not authorized by that order. Following an order sustaining a demurrer or a motion for judgment on the pleadings with leave to amend, the plaintiff may amend his or her complaint only as authoriz...

Excerpt: ...e an amended answer no later than November 20, 2023. Cross- complainants FXIO International, Inc.'s and Plan B Equipment Rentals, LLC's Request for Judicial Notice is DENIED as irrelevant. (Licudine v. Cedars-Sinai Medical Center (2016) 3 Cal.App.5th 881, 902 ["trial court retains its usual discretion not to take judicial notice of matters that are irrelevant"].) As a preliminary matter, the notice of demurrer provides the incorrect address for t...

Excerpt: ...oena issued to its appraiser, Christopher Carneghi, on the grounds that any expert witness discovery in this case is premature, and discovery of Mr. Carneghi's work as a consulting expert concerning his appraisals is protected by attorney work-product 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.) Accordi...

Excerpt: ...ynor"), an individual and managing member and offcer of BWC. The Cross-complaint alleges causes of action for breach of fiduciary duty, intentional misrepresentation, negligent misrepresentation, and declaratory relief. Raynor now demurs to the Cross- Complaint and moves to strike certain parts of the pleading. Cross-Defendant's Motion to Strike A motion to strike can be used as a scalpel to cut out any irrelevant, false, or improper matters in a...

Excerpt: ...rovide Lessor with a copy of a Use Permit issued by the City of South San Francisco for such use or alternatively to provide evidence, reasonably satisfactory to Lessor, that no such Use Permit is required." ("Failure to Obtain a Use Permit (3-Day Notice at 2.) The motion is denied as to all other grounds argued in the motion because triable issues of material fact exist as to those grounds. (3-Day Notice at 1- 2, 3 & 4.) A. The Motion Does not E...

Excerpt: ...ifth cause of Action by Ford is OVERRULED based on failure to allege facts sufficient to support this claim. The elements of a cause of action for fraud based on concealment are: "(1) the defendant must have concealed or suppressed a material fact, (2) the defendant must have been under a duty to disclose the fact to the plaintiff, (3) the defendant must have intentionally concealed or suppressed the fact with the intent to defraud the plaintiff,...

Excerpt: ...mber 1, 2023. Defendants demur that these causes of action fail to state facts sufficient to support a claim because Plaintiff Edgewater Holding Corporation has not alleged facts sufficient to support its performance or excuse for nonperformance under the contract. Specifically, Defendants assert that Plaintiff must allege that it first obtained a determination that the damages sued for are not covered by insurance before it may bring these claim...

Excerpt: ...AY, NOVEMBER 6, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO NOVEMBER 14, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE NOVEMBER 14, 2023 AT P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON NOVEMBER 7, 2023. The court rules on plaintiff Michael Joseph Barrett's moton to compel further responses to plaintiff's form interrogatories, set 3 from defendant Jorge Morales and to strike o...

Excerpt: ... Owner, LLC ("Plaintiff" or "The Marina"). Plaintiff and, collectively, the five Defendants brought cross-motions for summary judgment. Plaintiff partially settled with four of the five defendants, leaving Defendant Matthew Klein ("Defendant" or "Klein") the sole remaining Defendant in the action. The Court granted summary judgment for Plaintiff against Klein and entered the Judgment following its Order Granting Summary Judgment on June 29, 2023....