Excerpt: ...onkie. Kirton McConkie serves as Defendant Gross & Rooney's registered agent, and has represented Defendant Jefferson Gross in a variety of matters since 2017. Gross Decl., ¶¶ 4, 5. According to Defendants, “On or before November 24, 2021, Sanai associated with Kirton as co‐counsel in the instant matter.” MPA, p.2. Kirton McConkie firm is not counsel of record for Plaintiffs in this lawsuit and have never appeared in this action. Defendan...

Excerpt: ...to Special Interrogatories is GRANTED in its entirety for the reasons set forth below. The Court exercises its discretion to consider Cross‐Complainant's late‐ filed Opposition. See Kapitanshki v. Vons (1983) 146 Cal. App. 3d 29, 32. Special Interrogatory No. 14 Cross‐Defendants' Special Interrogatory No. 14, from Set Two, asks that CrossComplainant provide the name, address, and telephone number of certain witnesses. Cross‐Complainant re...

Excerpt: ...or Settlement or Judgment (the “Stipulation”) signed November 9, 2020 by Joe Iskander, President of Defendant Synectic Packacking, Inc. Paragraph 6 of the Stipulation specifies that the Court shall retain jurisdiction of the stipulation pursuant to Code of Civil Procedure § 664.6. Paragraph 1 provides that Defendant acknowledges a debt owing to Plaintiff by Defendant is “is $329,841.80 principal, interest on said amount at the rate of ten ...

Excerpt: ...the “prevailing party” on the Petition to Release Mechanic's Lien. Petitioner contends that “Petitioner is the prevailing party as it obtained the relief sought in its Petition as evidence by the subsequent release of the Subject Mechanics Lien.” MPA, p.3. Petitioner notes that “Respondent's initial refusal to release the Subject Mechanics Lien caused the filing of the Petition and Respondent should not be able to avoid the consequences...

Excerpt: ...rate that Code of Civil Procedure section 128.7(b) has been violated. Plaintiff contends that sanctions are warranted because Defendant's Motion to Dismiss was meritless and filed for the purpose of harassing and burdening Plaintiff. However, Defendant moved to dismiss the Complaint after the time for Plaintiff to file a First Amended Complaint expired. The Court recognizes that Plaintiff attempted to file a First Amended Complaint on October 19,...

Excerpt: ...graphs 44, 45, and 63 and the prayer for relief of the FAC is GRANTED WITH LEAVE TO AMEND. Plaintiff seeks punitive damages in connection with her strict liability and intentional infliction of emotional distress claims. To support a claim for punitive damages, the plaintiff “must allege the ultimate facts of the defendant's oppression, fraud or malice.” (Cyrus v. Haveson (1976) 65 Cal.App.3d 306, 316‐317.) “Malice” is defined as “con...

Excerpt: ...erested subcontractors. Wheeler's unopposed Request for Judicial Notice is GRANTED (Evid. Code, § 452, subd. (d)), BUT NOT FOR THE TRUTH OF ANY FACTUAL MATTERS ASSERTED THEREIN (Arce v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal.App.4th 471, 483‐484). Wheeler and Plaintiff Thompson Builders Corp. (Thompson) entered into a written contract for a commercial and residential project (the Project) in San Carlos (the Wheeler/Thompson Contrac...

Excerpt: ...treat the demurrer as admitting all material facts properly pleaded.” (Guerrero v. Pacific Gas & Electric Co. (2014) 230 Cal.App.4th 567, 571.) The Court may “also consider matters that may be judicially noticed . . . .” (Brown v. Deutsche Bank Natl. Trust Co. (2016) 247 Cal.App.4th 275, 279.) The Court does “not, however, assume the truth of contentions, deductions or conclusions of law.” (Ibid.) As to Defendant and Cross‐Complainant...

Excerpt: ...nied in part and granted in part as to Document Categories 3 and 4. Defendant's written response states that that it will comply with the request and produce “non‐privileged” document. The response implies that privileged documents will not be produced. Defendant must supplement its responses to Categories 3 and 5 by identifying all responsive documents that are withheld under privilege, i.e., produce a privilege log. (Code of Civ. Proc. §...

Excerpt: ...aintiff Sunstone DID NOT SUE STILLCREEK in the Complaint. The individual defendants and Stillcreek filed a Cross‐Complaint against Sunstone alleging claims of breach of contract and negligence for defective work. Sunstone filed an arbitration claim against Stillcreek seeking payment; and Stillcreek and the individual defendants filed a cross‐claim for arbitration, with allegations identical to those in their Cross‐Complaint. The Arbitrator ...

Excerpt: ...red. Defendants were served with a 60‐day termination notice via posting and mailing on October 8, 2021. See Compl., Exh. 3; Civ. Code §§ 1946, 1946.1; C.C.P. § 1162 (a)(3). The 60‐day notice period is determined by excluding the day of the posting and mailing and including the last day of the 60‐day period. C.C.P. § 12; see also Losornio v. Motta, 67 Cal. App. 4th 110, 113 (1998), as modified (Oct. 8, 1998), as modified (Nov. 2, 1998)....

Excerpt: ...occurred on February 7, 2019, but this action was not filed until more than two years later on June 28, 2021. Defendant acknowledges that the Judicial Council adopted California Rules of Court, Emergency Rule 9 though. Rule 9 tolled statutes of limitations for civil causes of action from April 6, 2020 until October 1, 2020, but Defendant argues that Rule 9 only applies to statutes of limitations that expired during this time frame. The Court find...

Excerpt: ...on or defenses).) The Court reminds Defense Counsel to comply with all Rules of Court in the future. “Rules of Court have the force of law and are as binding as procedural statutes . . . .” (R.R. v. Superior Court (2009) 180 Cal.App.4th 185, 205.) I. PLEADING DEFECTS AS TO ALL CAUSES OF ACTION GENERALLY Demurrer is SUSTAINED WITH LEAVE TO AMEND. Defendant City's demurrer on the ground that the Complaint fails to allege a statutory basis for l...

Excerpt: ...ws: On a motion for preliminary injunction the court evaluates two interrelated factors: (1) the likelihood that the plaintiff will prevail on the merits of the claim at trial, and (2) the interim harm the plaintiff would be likely to suffer if the injunction is denied as compared to the harm that the defendant would be likely to suffer if the injunction is granted. (Amgen Inc. v. Health Care Services (2020) 47 Cal.App.5th 716, 731.) The weighing...

Excerpt: ...Defendants contend that Plaintiff's first cause of action for harassment fails because Plaintiff cannot establish that she was subjected to severe or pervasive conduct that altered the conditions of her employment, or that the alleged actions of which she complains were based upon her sex, gender, sexual orientation, gender identity, and/or gender expression. According to Defendants, “much of the conduct about which Plaintiff complains cannot b...

Excerpt: ... telephone, for the purpose of determining whether an agreement could be reached to resolve the objections to be raised in the demurrer. In this case, Defendants' counsel's declaration shows that she attempted to meet and confer only by letter. It does not appear that counsel attempted to meet and confer by telephone or in person, as required by C.C.P. § 430.41(a)(3). Additionally The Opposition was served by overnight delivery, which means Defe...

Excerpt: ...Defendant's alleged non‐payment of rent from Nov. 2020 through Sept. 30, 2021. Per Code Civ. Proc. Sects. 1179.02 and 1179.03, unpaid rent for this time period is considered “COVID‐19 rental debt,” which triggers certain requirements in the written Notice. Because UD cases seek lease forfeiture and are summary proceedings, courts strictly construe the statutory procedures that regulate UDs. Civ. Code Sect. 1442; Kwok v. Bergren (1982) 130...

Excerpt: ...laint of Plaintiff Chris Langer (“Plaintiff”) is OVERRULED. Plaintiff alleges two claims for violation of the Unruh Civil Rights Act and Unfair Competition Law based on Defendants' failure to comply with the Americans with Disabilities Act (“ADA”). Defendants assert that the Complaint fails to state facts to support a claim because Bridgepoint Inn's website complies with 28 Code of Federal Regulations section 36.302(e)(1)(ii) (“Reservat...

Excerpt: ...ies, Inc.'s (Genesys) Motion to Strike is GRANTED IN PART WITHOUT LEAVE TO AMEND AND DENIED IN PART. 1. Punitive Damages Genesys contends TEN6's claim for punitive damages should be stricken because the Cross‐Complaint failed to state a claim for fraudulent misrepresentation. But as explained in the Court's ruling on the demurrer, TEN6 has stated a claim for fraudulent inducement to enter into a contract. This is a sufficient basis for TEN6's c...

Excerpt: ...urfaces and walkways” of a shopping center owned by Millbrae Square (Resurfacing Project). (Pl. SSUMF #2; Imbimbo Decl., ¶ 1.) The system allegedly failed (Pl. SSUMF #4; Imbimbo Decl., ¶ 1), and Millbrae Square sued nine defendants, including RPMI(Pl. SSUMF #1). In its complaint, Millbrae Square asserted one cause of action for breach of warranty against RPMI. (Pl. SSUMF #8.) RPMI is a Delaware corporation with a principal place of business i...

Excerpt: ...l basis for the Disqualification Motion, the Court finds that Defendants did not act in bad faith within the meaning of Code of Civil Procedure sections 128.5 and 128.7 by filing the motion. Defendants' request for sanctions is DENIED. In denying the request, the Court notes that the issue is close because the Court advised Plaintiff at the hearing on the Disqualification Motion that it saw no basis for an award of sanctions based on its review o...

Excerpt: ...mited's (TEN6) CrossComplaint (Demurrer) is OVERRULED IN PART and SUSTAINED IN PART WITH LEAVE TO AMEND. 1. Standard On a demurrer, the Court must “give the pleading a reasonable interpretation and treat the demurrer as admitting all material facts properly pleaded.” (Guerrero v. Pacific Gas & Electric Co. (2014) 230 Cal.App.4th 567, 571.) The Court does “not, however, assume the truth of contentions, deductions or conclusions of law.” (I...

Excerpt: ...e knowledge or notice of the facts as to which Plaintiffs assert delayed discovery. Tolu's demurrer to the Second Amended Complaint on the basis of statute of limitations is SUSTAINED WITH LEAVE TO AMEND. Plaintiffs shall file and serve their Third Amended Complaint on or before December 26, 2022. There is a relaxed duty of inquiry applicable to fiduciary relationships, though “the general rules relating to pleading and proof of facts excusing ...

Excerpt: ..., filed 10‐18‐21, is DENIED. C.C.P. 483.010 et seq. The Attachment Law requires strict construction; unless specifically provided for by the Attachment Law, no attachment procedure may be ordered by the court. Pacific Decision Sciences Corp. v. Superior Court (2004) 121 Cal.App.4th 1100, 1106. As the moving party, Plaintiffs have the burden of proving a proper basis for Attachment. C.C.P. 484.090. Plaintiffs assert claims for money had and re...

Excerpt: ...wood Drive in Pacifica, Ca. The owner of the school property, Defendants Ignatian Corp. and St. Ignatius College Preparatory (“School”) is in the process of demolishing an old structure on the property, which has involved some asbestos abatement. Plaintiff claims Defendants failed to obtain all of the required permits/approvals before beginning the demolition and asbestos abatement work, including CEQA/environmental approvals. Plaintiff also ...

Excerpt: ... no Default Judgment has yet been entered against him. Defendant Thomas P. Davies' Motion to Set Aside Default entered March 24, 2020 is DENIED for the following same reasons: (1) Defendant is not entitled to relief under Code of Civil Procedure Section 473(b) as more than six months have passed since entry of the default; (2) Defendant is not entitled to relief under Section 473(b) due to his failure to comply with the statutory requirement that...

Excerpt: ...nd dryer are personal property that remained in the premises after the deadline to vacate. (Decl. of Tsang, Ex. 4.) Further, Defendants were required to remove all trash except “any trash from the outdoor spaces which has been left by Plaintiff . . . .” (Stipulation para. 2.) Plaintiffs' opposing evidence shows extensive amounts of trash and refuse left in the yard of the rented property (Decl. of Tsang, Ex. 4) and in Plaintiffs' adjacent vac...

Excerpt: ... the Complaint alleges compliance with applicable claims statutes, the government claim attached to the Complaint shows that Plaintiff did not file it within six months of the accrual of her cause of action, as required by Gov't Code § 911.2. Facts appearing in exhibits attached to the complaint are given precedence over inconsistent allegations in the complaint. (Moran v. Prime Healthcare Mgmt., Inc (2016) 3 CA5th 1131, 1145‐1146.) Plaintiff ...

Excerpt: ...ight to “withdraw” a jury waiver. This case involves a dispute for breach of contract and fraud based upon an alleged agreement to purchase and “flip” a residential property and then divide the profits. The Complaint was filed January 3, 2019; and a First Amended Complaint was filed on March 13, 2019. The case was set for Case Management Conference on May 3, 2019. No jury fees were posted by either side. On April 19, 2019, Defendant Han f...

Excerpt: ...s and complaint. The Court agrees. On a motion to quash that alleges improper service, the plaintiff bears the burden of proving effective service. (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413.) The return of a registered process server establishes “a presumption , affecting the burden of producing evidence, of the facts stated in the return.” (Evid. Code, § 647.) Where this statutory presumption applies, the defendant must produce...

Excerpt: ...urt (rule 3.1113(d)) provides that, except for motions for summary judgment, no opening or responding memorandum may exceed 15 pages. Because Plaintiff Brian Munneke's opposition filed on November 5—which is 25 pages long‐‐violates this rule, the Court STRIKES it. Plaintiff, however, submitted an amended opposition on December 9 that complies with rule 3.113(d). Because Defendants have not been prejudiced by this amended opposition— which...

Excerpt: ..., as no Default Judgment has yet been entered against him. Defendant Thomas P. Davies' Motion to Set Aside Default entered March 24, 2020 is DENIED for the following same reasons: (1) Defendant is not entitled to relief under Code of Civil Procedure Section 473(b) as more than six months have passed since entry of the default; (2) Defendant is not entitled to relief under Section 473(b) due to his failure to comply with the statutory requirement ...

Excerpt: ...�10; Issue No. 3, Fact Nos. 1, 2, 3, & 5. Plaintiff's request for a hearing continuance pursuant to Code Civ. Proc. Sect. 437c(h) is DENIED AS MOOT. Notice of Motion As an initial matter, the Court notes that Defendant's motion seeks summary judgment, but does not properly seek summary adjudication. See 9‐ 24‐21 Notice of Motion, which seeks “summary judgment,” but which makes no reference whatsoever to “summary adjudication.” Code Ci...

Excerpt: ...st not use the information produced in this case in any other proceeding. The issue for the Court to resolve is whether the stipulated protective order, signed by the Court on October 19, 2021, allows Plaintiffs to use the information produced by Lei in this case to file cases in other jurisdictions to freeze her assets. A court may in its discretion enter a protective order to prohibit the disclosure of confidential information. See Raymond Hand...

Excerpt: ...s initial, 1‐3‐19 Complaint has not been previously amended. On 7‐12‐21, the Court denied, without prejudice, Plaintiff's previously‐filed motion for leave to amend the Complaint, on grounds that Plaintiff had not complied with CRC 3.1324. The Court's 7‐12‐21 Order stated in part: Subsection (a) of Rule CRC 3.1324 states that a motion to amend must … state what allegations are proposed to be added and where, by page, paragraph and...

Excerpt: ...ritten settlement agreement (AGREEMENT) providing LIU/AN pay IMUSIC a total of $53,767.33 in 20 monthly payments of $2,688.37 starting in January 2015.” Cross‐Complaint, p.8. The Cross‐Complaint further alleges that Cross‐Defendants Xiao Chen Liu and Peide An breached the settlement agreement by failing to make any payments following the first two installment payments. Id. As a result, the Cross‐Complaint indicates that the settlement a...

Excerpt: ...and seeks damages from Defendant. It asserts no allegations pertaining to Defendant Nash. The attached Police Report does not cure this defect because the Police Report merely contains statements by a third party. Because the Complaint contains/sets forth no allegations pertaining to Defendant (or anyone for that matter), the Demurrer is sustained with leave to amend. Plaintiff shall file and serve her First Amended Complaint on or before January...

Excerpt: ...aim for false or fraudulent misrepresentation under Bus. & Prof. Code § 7160, he is entitled to attorney's fees as the “prevailing party.” The Court, however, has previously rejected this argument, asserted in Mr. Paycheck's opposition to Defendants' motion for attorney's fees. (9/30/21 Opposition, p.4) As noted in the Court's October 26, 2021 tentative ruling, which was incorporated in the Court's November 16 Order: Only one of Paycheck's f...

Excerpt: ...ing papers also contend that there are no facts in the FAC to support an award for punitive damages. In Mr. Duong's reply, he contends that Plaintiff does not have standing to assert a claim under the FDCPA because Plaintiff is not a “consumer” within the meaning of the Act. Mr. Duong also contends that he “cannot be liable for any of LEC's alleged misconduct because LEC is a California corporation and as such it bears its own liabilities, ...

Excerpt: ...unts based on: (1) an open book, (2) an account stated, and (3) goods sold and delivered. However, Plaintiff's MPA in support of the motion attempts to demonstrate that Plaintiff has established claims for (1) an open book, and (2) an account stated. (MPA, p.5‐7) Accordingly, because Plaintiff has addressed only two of its claims, Plaintiff has not demonstrated it is entitled to summary judgment. Nonetheless, the Court finds that Plaintiff has ...

Excerpt: ... the California Rules of Court, would have expired in March 2021 absent further tolling. Plaintiff Capital One Bank has not, however, established that this time period was further tolled. The only ground for tolling cited by Plaintiff is Code of Civil Procedure section 583.340, subdivision (c). But the critical factor in applying this exception is “whether the plaintiff exercised reasonable diligence in prosecuting his or her case” (Bruns v. ...

Excerpt: ...ion of an Informal Discovery Conference. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties. December 2, 2021 Law and Motion Calendar PAGE 4 Judge: HONORABLE DANNY CHOU Y. CHOU, Department 22 ______...

Excerpt: ...483.010 et seq. The Attachment Law requires strict construction; unless specifically provided for by the Attachment Law, no attachment procedure may be ordered by the court. Pacific Decision Sciences Corp. v. Superior Court (2004) 121 Cal.App.4th 1100, 1106. As the moving party, Plaintiffs have the burden of proving a proper basis for Attachment. C.C.P. 484.090. Plaintiffs assert claims for money had and received, conversion, and imposition of a ...

Excerpt: ...in the property. California law requires the rights of all parties in the subject property be determined before the partition of said property. Summers v. Superior Court, 24 Cal. App. 5th 138, 142‐143 (2018); Bacon v. Wahrhaftig, 97 Cal. App. 599, 603 (1950) (“No partition can be had until the interests of all the parties have been ascertained and settled by a trial.”); see also C.C.P. § 872.620 (“To the extent necessary to grant the rel...

Excerpt: ...nal infliction of emotional distress. In order to state a cause of action for defamation, Plaintiff must allege publication of a false, unprivileged and defamatory statement about him. The statement must be communicated to at least one person other than plaintiff who understands its defamatory meaning and that it refers to plaintiff. Shively v. Bozanich (2003) 31 C4th 1230, 1242. Plaintiff's FAC asserts that “Defendants have made false and defa...

Excerpt: ...ING COMPANY; INEGRAL GROUP, INC., a California corporation; SC BUILDERS, INC., a California corporation; PERFORMANCE MECHANICAL, INC., a California corporation; RODDA ELECTRICAL, INC., a California corporation; BAY POINT CONTROL, INC. dba MARINA MECHNICAL, a California corporation; MYSON, INC./RETTIG USA, a Vermont corporation; and DOES 1‐50, inclusive, Defendants. AND ALL RELATED CROSS‐ACTIONS ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ...

Excerpt: ... ) ) ) ) ) ) ) ) ) Case No.: CIV458258 Assigned For All Purposes to Hon. Danny Y. Chou ORDER DENYING ELIZABETH KARNAZES'S FURTHER REQUEST FOR AMERICANS WITH DISABILITY ACT CONTINUANCE OF HEARING AND GRANTING IN PART AND DENYING IN PART JUDGMENTCREDITOR/CROSS‐DEFENDANT JOHN J. HARTFORD'S MOTION FOR ATTORNEY FEES AND COSTS; Judgment‐Creditor/Cross‐Defendant John J. Hartford's Motion for Attorneys' Fees and Costs Incurred from April 1, 2017 to...

Excerpt: ...ANDRADA'S FOUR FAMILY MEMBERS IN SBC CASE #18‐1724, MOTION FOR DEFENDANT SBC TO REOPEN ANDRADA'S COMPLAINTS AGAINST DEFENDANT PATRICK METERING FOR INVESTIGATION AND MURDERS OF ANDRADA'S FOUR FAMILY MEMBERS IN SBC CASE #14‐22198, AND MOTION TO STRIKE ON THE DEMURRER FILED BY DEFENDANT VIVIAN QUE‐AZCONA TENTATIVE RULING: 1. Demurrer The unopposed demurrer of Defendant Vivian Que‐Azcona is SUSTAINED WITH LEAVE TO AMEND. On August 5, 2020, th...

Excerpt: ...tiff) is OVERRULED IN PART and SUSTAINED IN PART WITH LEAVE TO AMEND. 1. Plaintiff's First Cause of Action for Breach of Contract Against CSMC The demurrer to the first cause of action for breach of contract against CSMC is OVERRULED. The SAC alleges facts sufficient to establish that CSMC breached the Collaboration Agreement through its nonperformance. “[F]acts alleging a breach, like all essential elements of a breach of contract cause of act...

Excerpt: ...ember 17, 2021. First, the Complaint is uncertain. Code Civ. Proc. Sect. 430.10(f). Although uncertainty demurrers are generally disfavored (Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616), here, the Complaint alleges so few comprehensible facts that its leaves Defendant guessing as to the factual basis for the asserted claims. Plaintiff appears to allege Defendant law firm represented Plaintiff in a 2001 Worker's Compensation Ap...

Excerpt: ...nd that the Complaint fails to state facts sufficient to constitute a cause of action. Defendants do not assert that the notice fails to advise them of the conduct alleged to have constituted a violation of Cal. Code Civ. Proc. § 1161(4). Rather, Defendants contend that the conduct alleged in the notice does not amount to a nuisance or violation of the law under Section 1161(4). Defendants' argument is unpersuasive for the reasons set forth belo...

Excerpt: ... because the challenged evidence is not deemed material to disposition of the motion. (Code of Civ. Proc. § 437c, subd. (q).) TCLC alleges claims of damages arising from being constructively evicted after Defendant De Ritz (“LANDLORD”) failed to make tenant improvements that were required by the Lease. LANDLORD's motion argues that (1) its obligation to perform never arose because TCLC failed to fulfill a condition precedent of providing pro...

Excerpt: ...s”) to defendant BBV, Nos. 24‐52, is GRANTED‐IN‐PART. The motion for protective order is GRANTED. In the Court's discretion, the sanctions requests are DENIED. The intrusiveness of Plaintiff's discovery requests clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence. Code Civ. Proc. Sect. 2017.020(a). Discovery rights are broad, but not limitless. The information/documents sought mus...

Excerpt: ...mplant Dentistry Institute LLC to Active Status is DENIED. BAII seeks reconsideration on the ground that the Court erred in granting relief on the basis of Government Code section 12261(a)(2), but a section 1008 motion is not the proper vehicle for correcting judicial errors. Glob. Protein Prod., Inc. v. Le (2019) 42 Cal.App.5th 352, 364. Nonetheless, the Court has broad and inherent powers to reconsider its rulings (see, e.g., Marriage of Bartho...

Excerpt: ...d in an order for restitution in a prior criminal proceeding. According to Defendant, “There is privity between Plaintiffs and the State of California.” MPA, p.10. Defendant, however, presents no authority supporting the claim that victims or participants in a criminal trial are in “privity” with the State for purposes of application of res judicata or collateral estoppel in a subsequent civil proceeding. In his reply, Defendant acknowled...

Excerpt: ... Second Amended Complaint is OVERRULED. Plaintiff's FAC alleged violations of RESPA as the Fifth COA, and Defendants' demurrer to that pleading was sustained with leave to amend as to that COA so that Plaintiff could allege the alternate theory of violations of Cal. Bus. & Prof. Code §17200 et seq (UCL), as Plaintiff has done here in the SAC. Particularity Defendants argue that Plaintiff's UCL claim is not pled with sufficient particularity beca...

Excerpt: ...rer to each cause of action in the FAC based on uncertainty is OVERRULED. The “uncertainties” must be specified (Fenton v. Groveland Comm. Services Dist. (1982) 135 CA3d 797, 809), but Defendants fail to address this demurrer in their papers. The demurrer to the First Cause of Action for Quiet Title based on failure to state a claim is SUSTAINED WITHOUT LEAVE TO AMEND. This cause of action is based on Plaintiff's claim that his lease may only...

Excerpt: ...The Attachment Law requires strict construction; unless specifically provided for by the Attachment Law, no attachment procedure may be ordered by the court. Pacific Decision Sciences Corp. v. Superior Court (2004) 121 Cal.App.4th 1100, 1106. As the moving party, Plaintiffs have the burden of proving a proper basis for Attachment. C.C.P. §484.090. Here, Plaintiffs have not demonstrated the probable validity of their claims against Defendant Jeff...

Excerpt: ...er of them Is Indigent. The court may waive the bond requirement when the appellant “is indigent and is unable to obtain sufficient sureties . . . .” (Code of Civ. Proc. § 995.240.) Nadine Bagnarol presents no evidence of her financial state. The Court cannot find that she is indigent for purposes of Section 995.240. Carolina Bagnarol claims that her only assets are her interest in the LLC, her interest in the Canyon and Vera properties, and...

Excerpt: ...e Court's July 27 ruling provides as follows: Once again, Petitioners have provided no clear argument or pertinent authority indicating that the judgment was issued based on an incorrect or erroneous legal conclusion. They want the Court to consider new alleged facts, which is not a proper basis for a motion to vacate. A motion to vacate the judgment may only be brought when the trial judge draws an incorrect legal conclusion or renders an errone...

Excerpt: ...Civil Procedure § 425.17(b) arguments and explain how the facts of those cases are similar to the allegations of Plaintiff's complaint. Regarding Prong 1 of the Code of Civil Procedure § 425.16 analysis, the Court refers the parties to Bonni v. St. Joseph Health System (2021) 11 Cal.5th 995 and Park v. Board of Trustees of California State University (2017) 2 Cal.5th 1057, which were not cited in their briefs. Plaintiff shall refer to where in ...

Excerpt: ...s because it omits Defendant's apartment number. Defendant states in her declaration that she never received the notice of renewal of judgment in the mail and that she only learned about this case when Plaintiff started to garnish her wages. Fuentes Decl., ¶¶ 8‐9. Under these circumstances, Plaintiff's service of the notice of renewal is invalid. (See Moghaddam v. Bone, 142 Cal. App. 4th 283, 288 (2006).) Thus, the 30‐ day deadline to file ...

Excerpt: ... based on: (1) an open book, (2) an account stated, (3) money lent, and (4) money expended. However, Plaintiff's memorandum in support of the motion attempts to demonstrate that Plaintiff has established claims for (1) an open book, and (2) an account stated. (MPA, p.3‐5.) Accordingly, because Plaintiff has addressed only two of its four claims, Plaintiff has not demonstrated it is entitled to summary judgment. Nonetheless, the Court finds that...

Excerpt: ... a claim for unjust enrichment, while not a standalone cause of action, may be construed as a restitution claim. See Rutherford Holdings, LLC v. Plaza Del Rey (2014) 223 Cal.App.4th 221, 231; McBride v. Boughton (2004) 123 Cal.App.4th 379 (unjust enrichment was an attempt to plead a cause of action for restitution). However, Plaintiff's breach of contract claim pleads the existence of an enforceable agreement and its unjust enrichment claim cover...

Excerpt: ... the FAC that may rise to the level of oppression or malice is essentially a threat to coerce Plaintiff into settling its claims against Defendant by use of whistleblower claims. FAC, ¶ 59. Such conduct is protected by the litigation privilege. See Asia Inv. Co. v. Borowski, 133 Cal. App. 3d 832, 842 (Ct. App. 1982) (counsel's alleged threat to bring a CEQA action in order to induce plaintiff to settle was protected by the litigation privilege s...

Excerpt: .... 452(d). The doctrine of res judicata Under the doctrine of “res judicata,” or “claim preclusion,” a valid, final judgment on the merits is a bar to a subsequent action by parties or their privies on the same “cause of action.” Mycogen Corp. v. Monsanto Co. (2008) 28 Cal.4th 888, 896‐ 97; Amin v. Khazindar (2003) 112 Cal.App.4th 582, 589–590. Under this doctrine, all claims based on the same “cause of action” must be decided ...

Excerpt: ... notice under Code of Civil Procedure section 1005(b). Thus, this Motion is continued to provide adequate notice to Plaintiff First Resolution Investment Corporation (“Plaintiff”). Defendant is to provide notice of this new date to all parties and file the proof of service by November 22, 2021. If the proof of service is not filed showing timely service, the Court will not consider the motion. Additionally, the Court has reviewed Defendant's ...

Excerpt: ... Electric, Inc., Richard Wulff, and Ann Wulff. A. The Motion to Vacate Default Is Untimely. Before moving to vacate the default judgment, Defendants must first vacate the entry of default. A motion to vacate entry of default must be filed timely, but in no case more than six months after entry of default. Defaults were entered against Wulff Electric and Richard Wulff on September 29, 2020. Default against Ann Wulff was entered on October 13, 2020...

Excerpt: ...�21, 2‐ 8‐21, and 2‐9‐21, the opposition papers, filed 3‐9‐21, and the reply, filed 3‐16‐21. The Court did not need to consider the amended opposition papers of Plaintiff Mary Elizabeth LeMasters (“Plaintiff”), filed 10‐12‐21. The Court also did not consider Plaintiff's Exhibit Nos. 6‐ 20. Plaintiff attempted to file these documents under seal on October 12, 2021, pursuant to the parties' 6‐3‐20 Stipulation and Order...

Excerpt: ...he reason(s) stated below. The meet and confer requirement set forth in Code Civ. Proc. Sect. 430.41, which governs demurrers, is intended to ensure that the parties discuss, either in person or by phone, at least five days before a demurrer is filed, the issues to be raised in a demurrer, in the hopes that the parties can resolve their issues/objections informally and without the need for Court intervention. Here, the Zulch declaration supportin...

Excerpt: ...re of the time and date of this hearing, the Court overlooks the defect. Plaintiff's counsel is also directed to comply with California Rules of Court and Local Rules of Court regarding electronically filed documents. Specifically, exhibits must be bookmarked. (CRC Rule 3.1110(f) [“electronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or lette...

Excerpt: ...could have reinstated the loan through a personal loan, which would have been approved given Charles Taniguchi's credit score, but Plaintiffs' responses indicate that they lack knowledge as to whether they could have obtained a personal loan using Marie Taniguchi's credit score. The Court agrees that the interrogatory does not require Plaintiffs to disclose their specific credit scores, but they have a duty to make reasonable efforts to obtain th...

Excerpt: ...ormation Radio dba Sing Tao Chinese Radio (“Defendants”) for Summary Judgment or, in the alternative, Summary Adjudication, to the Third Amended Complaint (“TAC”) by Plaintiff Ning Yuan Chang (“Plaintiff”), is DENIED. Defendants move for summary judgment on the grounds that: (1) none of the alleged statements were defamatory since they did not imply that Plaintiff was a murderer; (2) the alleged statements by Defendants were privilege...

Excerpt: ...ason(s) stated below. First, Plaintiffs' 10‐22‐21 Reply brief, and the supporting Decl. of Michael Smith, include evidence that was not provided with DDLV's moving papers. Therefore, any party choosing to oppose the motion, including Continental, has not had a chance to respond to this new evidence. Further, and perhaps more importantly, counsel for DDLV and Continental have indicated to the Court that through their on‐going meet and confer...

Excerpt: ...nary matter, the Court notes that the Fund failed to separately and specifically set forth the grounds for the demurrer in violation of Code of Civil Procedure § 430.60; California Rule of Court Rule 3.1320(a). Despite this procedural defect, the Court considers the substance of the demurrer. The Fund challenges only CSNI's claim for quantum meruit. “To recover on a claim for the reasonable value of services under a quantum meruit theory, a pl...

Excerpt: ...D. This claim arises from Cross‐Defendant initiating this action on September 6, 2017. Thus, on the face of the FACC and the judicially‐noticeable facts, this claim is barred by the oneyear statute of limitations for FDCPA claims. See 15 U.S.C.A. § 1692k (“An action to enforce any liability created by this subchapter may be brought . . . within one year from the date on which the violation occurs.”). Cross‐Complainant Alfredo Andrade c...

Excerpt: ...n for conflict of interest based on a prior (successive) or current representation. Lynn v. George (2017) 15 Cal.App.5th 630, 638. A motion to disqualify requires the Court to consider a number of factors, including each party's right to counsel of choice, the challenged attorney's interest in representing a client, the financial burden on a client of changing counsel, any tactical abuse underlying a disqualification motion, and delay in seeking ...

Excerpt: ...ation of Civ. Code Sect. 8800. See 5‐10‐ 19 Complaint; Civ. Code Sect. 8800 (“In an action for collection of the amount wrongfully withheld, the prevailing party is entitled to costs and a reasonable attorney's fee.”). The Sarnas are the prevailing parties, having achieved their litigation objectives, given the Court's determination following the May 2021 trial that because Paycheck was not duly licensed at all times during the project, �...

Excerpt: ...ation of Instrument is SUSTAINED with leave to amend. The claim to cancel the Luthra Deed of Trust and the Trustee's Deed does not involve Stewart, which was not a party to the Deed of Trust or the Trustee's Deed. Cancellation of those instruments calls for no action on Stewart's part, and Stewart will be unaffected by the cancellation of those instruments. Plaintiff argues that consequential damages such as escrow and closing costs may be recove...

Excerpt: ...led with the Court. Although Defendant provides a copy of it with his reply, there is no indication that it was ever filed. Therefore, the Court has not considered it and proceeds to rule on the merits of this Demurrer. (2) In reviewing the FAC, the Court finds that the exhibits referenced in the FAC are missing. Defendant assumes that these missing exhibits are the same exhibits attached to the original Complaint for purposes of this Demurrer. H...

Excerpt: ...A US, LLC (“FCA”). In connection with this transaction, Plaintiff received various warranties from FCA. The vehicle allegedly had multiple defects. On several occasions between 2019 to 2020, Plaintiff took the vehicle to FCA's authorized repair facility, Defendant Putnam Chrysler Jeep Dodge (“Putnam”), but Putnam was unable to successfully repair it. On January 1, 2021, Plaintiff filed this lawsuit, asserting claims against FCA for violat...

Excerpt: ...cation. (See Cal. Code Civ. Proc., § 437c, subd. (h) [“If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just.”].) The Code ...

Excerpt: ... he had been seen for a strained knee. Defendant demurred on the ground that emergency personnel are immune from all but grossly negligent conduct or acts not in good faith. Defendant's demurrer relies exclusively on the immunity provisions of Health and Safety Code section 1799.106. (See Demurer at p. 2.) Section 1799.106 confers immunity when emergency services are provided “at the scene of an emergency or during an emergency air or ground am...

Excerpt: ... a complaint or cross‐complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds: … (e) The pleading does not state facts sufficient to constitute a cause of action. …” Cal. Code of Civ. Proc. § 430.30(e). With respect to the cause of action for breach of contract, the Court rules as follows. The FAC does not specify a particular contract term that...

Excerpt: ... is GRANTED IN PART, as follows: (1) Parenti's Petition for Preliminary Injunction is GRANTED IN PART. “An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for disclosing information, or because the employer believes that the employee disclosed or may disclose information, to a government or law enforcement agency, to a person with authority over the employee or another employee who has the autho...

Excerpt: ...ants Krafton Inc. and PUBG Santa Monica Inc.'s (collectively, “Krafton”) Motion to Compel Further Responses, filed 8‐10‐21, is DENIED, as set forth below. Because a substantial portion of the papers supporting and opposing the motion were filed under seal, the Court will send to the parties, by email, a more detailed explanation of the Court's Tentative Ruling. Krafton's motion seeks an order compelling Plaintiffs/Cross‐Defendants NetEa...

Excerpt: ...ndants contend the Court lacks subject matter jurisdiction in this case because “this action arises from claims relating to an administration of an estate in a foreign jurisdiction of a decedent who did not die in California nor leave property in California at the time of his death.” MPA, p.5. Defendants appear to be correct that all of Plaintiff's claims stem from Defendant Allison Lim's duties as executor of their father's estate, which was...

Excerpt: ...romissory Fraud is OVERRULED. (Cal. Code Civ. Proc., § 430.10(e).) Plaintiff has alleged sufficient facts to demonstrate justifiable reliance. (FAC ¶¶ 6‐7.) Second Cause of Action Defendant's general demurrer to the Second Cause of Action for Breach of the Implied Covenant of Quiet Enjoyment is OVERRULED. (Cal. Code Civ. Proc., § 430.10(e).) Plaintiff has alleged facts sufficient to plead this cause of action. (FAC ¶ 18.) The sole issue ra...

Excerpt: ...otal settlement with Plaintiffs was not in good faith. 1. Background These consolidated personal injury cases arise from an August 5, 2017 incident on the campus of Defendant Menlo College (“Menlo”) in Atherton, California. Plaintiffs Julie Dale, Jodi Cohen, Jasmine Garcia, Chris Garcia, Zealyn Garcia, and Irelyn Garcia (“Plaintiffs”) were attending a company picnic at Menlo's campus, under an oak tree, when a large branch fractured and s...

Excerpt: ...ce. While attempting to park, he “had an encounter” with Defendant Victoria Haller, who yelled at Caraway in a manner designed to intimidate him. She “screamed at him that she was going to call the police regarding what should have been a non‐incident.” The police arrived and arrested Plaintiff, ostensibly for ‘hit and run' though he never hit the Defendant Haller and never ran from the scene. These charges were reduced before he was ...

Excerpt: ...f months after that purchase, Plaintiff's wife tried to make another purchase but was informed that the card balance was $0.00. Nordstrom investigated, discovered that the card had been used fraudulently, and issued a new gift card to Plaintiff's wife via email in the amount of the alleged loss, $483.21. Plaintiff filed a complaint against Nordstrom asserting causes of action for breach of contract, negligence, and statutory violations of the Con...

Excerpt: ...f ownership title of 50% in the subject property. As this seeks more than simple declaratory relief, and rather is an action to enforce the oral contract, trial preference is discretionary in the Court, pursuant to Section 1062.3(b). Further, Plaintiff admits that she presently has no ownership interest in the subject property – rather she is seeking to have an ownership interest transferred back to her. Plaintiff presents no declaration or oth...

Excerpt: ...hovel if that person comes near Defendant's birds. The Notice alleges Defendant's threat of violence is unlawful and constitutes a nuisance. A threat to inflict serious bodily injury on another person can, in some cases, constitute just cause for an eviction. See, e.g., Civ. Code 1946.2(b)(1)(F) (“… at‐fault just cause is …. any of the following: (F) Criminal activity by the tenant on the residential real property, …or any …criminal t...

Excerpt: ...oduction of Documents (RFPs) to Defendants Dr. Ihab Hanna and the two “Entity defendants” (Defendants “BAII” and “BAIC”), is GRANTED‐IN‐PART and DENIED‐IN‐ PART, as set forth below. Protective Order Defendants have raised HIPAA/privacy/trade secret concerns regarding documents that may contain (dental) patient information, and Defendants have requested that Plaintiff agree to sign a Protective Order addressing these concerns/o...

Excerpt: ...ds to be provided: Plaintiff William Lombardini's motion to compel further responses to Form Interrogatory 17.1 is GRANTED. A. Subpart (b) ‐ Facts Explaining the RFA Denials Defendant's Opposing declaration states, “I . . . generally described the nature of the assistance and/or guidance I provided to him in the interrogatory responses.” (Decl. of Makada ¶ 4.) This is not accurate. Defendant's response to that “Mr. Lombardini had difficu...

Excerpt: ...notice of motion filed August 20, 2021 lists three grounds for the motion: (1) Reconsideration of Statement of Decision; (2) Credit of Settling Surety Party; and (3) CrossDefendant prevailing party attorneys' fees. Notice at 2. His memorandum of points and authorities, however, only addresses the first issue, the Statement of Decision. Memorandum of Points & Authorities in Support of Motion re: Reconsideration of Statement of Decision filed Septe...

Excerpt: ...nsel for Monterey met and conferred with counsel for Petitioners by email and telephone to discuss the issues raised by the Demurrer prior to filing the Demurrer. Kontabecki Decl., ¶¶ 7‐20. Monterey's Request for Judicial Notice is GRANTED. The Court takes judicial notice of the existence of the documents, but not the truth of the matters within them. The Court notes that the official writings are not certified, but there is no objection by P...

Excerpt: ... motion for summary judgment and alternative motion for summary adjudication of issues is denied in its entirety. The Court sustains Defendant's Objection to the Police Report, showing that the collision occurred in the Number 2 lane, just 100 feet south of the University Avenue Exit, as unauthenticated and hearsay. The Court exercises its discretion to not rule on the remainder of Defendants' objections, since the challenged evidence is not mate...

Excerpt: ...�PART and DENIED‐IN‐PART, as set forth below. Plaintiff's request for an order holding Defendants in contempt and/or issuing an OSC is DENIED. Having reviewed the evidence, the Court finds it does not clearly demonstrate that Defendants willfully disobeyed the Court's 4‐9‐21 Order. Chapman v. Superior Court (1968) 261 Cal.App.2d 194, 200‐201. The 4‐9‐21 Order awarded attorney's fees and costs to Plaintiff following Plaintiff's accep...

Excerpt: ...C‐21‐589223, filed in San Francisco County Superior Court in 2021. Plaintiff's Motion for an Order Coordinating the Actions is DENIED. Background In the instant action, Plaintiff's lawsuit concerns cosmetic medical treatments provided to her by Defendants Joel Beck, M.D. and Alice Tung, N.P., in 2016, which involved the use of the Ulthera System (“Ultherapy”) manufactured by former defendant Merz North America (“Merz”). Plaintiff file...