Excerpt: ..., and DENIES the request as to Exhibit 2. The court notes that the notice to the demurrer is not signed, plaintiff does not object and the court finds the error nonconsequential. Counsel though is reminded to make sure that all pleadings are signed. 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 action under any legal theory...

Excerpt: ... As a preliminary matter, the First Amended Complaint (the "FAC") included a fourth cause of action for civil conspiracy in violation of the Court's order granting leave to amend. The cause of action was not included in the prior Complaint, and Gibbs was given leave to amend only to assert a personal claim for damages identified in the Complaint's first three causes of acton. (Aug. 22, 2023 Order.) While the fourth cause of action is therefore su...

Excerpt: ...bitration Provision) (RJN, Ex. A); (2) Costco Member Offer Program 4Q 2020 Incentive, Customer - Dealer Agreement and Pricing Sheet (Ex. B); and (3) 2020 Traverse FWD LS Vehicle Window Label ("Monroney Sticker") (Ex. C). (Evid. Code S 452, subd. (h).) None of the requested documents are referred to in the Complaint. (Contra RJN, p. 1:12-16 (citing to Complaint "1 14, 16, 48, 51, 53, 59, 61—62, 65, 71, 91, 109, 113).) The Court finds distinguish...

Excerpt: ...0 for an order compelling Plaintiff Swenberg to provide responsive documents to the Document Request Nos. 21, 22, 80, 88, 89, 100-103, 105, and 113-118 which were attached to Dmarcian's Second Amended Notice of Continued Deposition to Plaintiff. In particular, Dmarcian seeks the production of the following documents: First category: mitigation documents Relating to Agari: consulting agreement, invoices, records of payments, and any 1099 form from...

Excerpt: ... DISCOVERY PROCESS BY PLAINTIFFS OLE TRAVEL INC. AND OLE VENTURES INC. TENTATIVE RULING: The Motion of Plaintiffs Ole! Travel Inc. and Ole Ventures Inc. ("Plaintiffs") for Monetary Sanctions, Issue Sanctions, Evidentiary Sanctions, Terminating Sanctions and/or Contempt Sanctons against Defendant Timothy Alexander is DENIED WITHOUT PREJUDICE. Plaintiffs filed this Motion on March 5, 2023, which was originally set for hearing on September 11, 2023....

Excerpt: ..., and OVERRULED in part as to the general demurrer to the SAC as being barred by collateral estoppel, as follows. Defendant's Request for Judicial Notice is GRANTED pursuant to Cal. Evidence Code Section 452(d). Collateral Estoppel as to Entire SAC OVERRULED. Collateral estoppel applies when an issue determined in a prior adjudication is identical to that presented in a subsequent action, the prior adjudication resulted in a determination on the ...

Excerpt: ...il action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court finds both that the party has a substantial interest in the action as a whole, and that the health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. Section 35(a) "is mandatory and absolute in its applicaton in civil cases whenever the litigants are 70 years old." ...

Excerpt: ... Deborah Q. Ruddock by Defendants and Cross-complainants Thomas J. Gearing and Daniel K. Gearing (collectively, the "Gearings") on August 31, 2023. For the reasons set forth below, the motion to quash is granted. A. Deposition Not Warranted Code of Civil Procedure section 1987.1 permits a party to move for an order quashing a subpoena and authorizes the Court to enter appropriate protective orders. (Code of Civ. Proc., S 1987.1 subds. (a)—(b).)...

Excerpt: ... defenses. A party may demur to an answer on grounds of failure to state facts sufficient to constitute a defense. (CCP S 430.20.) The determination of whether an answer states a defense is governed by the same principles which are applicable in determining if a complaint states a cause of action. (South Shore Land Co. v. Petersen (1964) 226 Cal.App.2d 725, 732.) The allegations of the pleading demurred to must be regarded as true, but a demurrer...

Excerpt: ...On November 13, 2023, plaintiff applied ex parte for a temporary restraining order and order to show cause why a preliminary injunction should not issue. This Court granted plaintiff's ex parte application, and issued a temporary restraining order enjoining the termination of PG&E services to the premises and ordering that any previously terminated PG&E services be restored. The matter is now before the Court on an order to show cause why a preli...

Excerpt: ...Summary Judgment (MS]), filed August 24, 2023, which seeks summary judgment of all claims asserted against each of them in Plaintiff Liezel De Guzman's August 31, 2022 Second Amended Complaint (SAC), is GRANTED as to each of defendants RTR, MERS, and Boedeker. (Code Civ. Proc., S 437c.) Accordingly, the moving defendants' alternative Motion for Summary Adjudication (MSA) is DENIED AS MOOT. (Code Civ. Proc., S 437c.) Defendants' request for adjudi...

Excerpt: ...ositions, and matters of which judicial notice shall or may be taken." Under Aguilar v. Atlantic Richfield (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; thus, the court ...

Excerpt: ...is unlawful detainer Complaint is defective. The Complaint alleges that Defendants' tenancy is exempt from the Tenant Protection Act of 2019 ("Act") based on Civil Code section 1946.2(e)(8). Defendants argue that section 1946.2(e)(8) only applies to residential real property "that is alienable separate from the title to any other dwe ling unit." Since the notice includes "Unit #1" in the property address, Defendants contend that this reference to...

Excerpt: ...RTIES BY 4:00 2M. ON MONDAY, NOVEMBER 27, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO 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. DEFENDANT PROVIDED NOTICE THAT SHE IS CONTESTING. For the reasons stated below, defendant Kathryn Castricone's demurrer, filed 10-13-23, which is...

Excerpt: ...PTED AT THE DECEMBER 5, 2023 HEARING. Defendant Bren Farrell's Demurrer to the Second Amended Complaint ("SAC") is OVERRULED as to the first through sixth causes of action. (Code Civ. Proc. S 430.10, subd. (e), (f), (g).) Defendant's request for judicial notice of the Complaint, First Amended Complaint and Second Amended complaint is GRANTED, BUT NOT FOR THE TRUTH OF THE MATTERS ASSERTED THEREIN. Plaintiff's request to file a Notice of Errata to ...

Excerpt: ...TING PARTY MUST NOTIFY DEPARTMENT FOUR AND ALL OTHER PARTIES BY 4:00 P.M. ON MONDAY, NOVEMBER 27, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO 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 PROVIDED NOTICE THAT HE IS CONTESTING. Plaintiff's Mohon to Compel Further Resp...

Excerpt: ...intiff's motion for approval of a settlement of claims brought pursuant to the Private Attorney General's Act (PAGA). On October 24, 2023, plaintiff's counsel submitted a renewed motion for an order approving the settlement, including supplemental declaration addressing the court's concerns. In ruling on settlements involving PAGA claims, this court has a duty to independently determine whether a settlement is fair, reasonable and adequate. (Moni...

Excerpt: ...D. As a preliminary matter, the Notce of Application and Hearing incorrectly lists the address of the Court. Hearings for Department 4 are held at 800 North Humboldt Street in San Mateo, California 94401. On the merits, the unopposed application satisfies all procedural requirements, and its supporting declarations and documentary evidence are sufficient to find all the facts prerequisite to the issuance of a right to attach order and writ. First...

Excerpt: ...he court regardless of whether the arbitrator determines arbitrability. (Code of Civ-l Proc„ S 1281.2, subd. (a); Omar v. Ralphs Grocery Co. (2004) 118 Cal.App.4th 955, 961- 964.) To prove waiver, plaintiff must show (1) knowledge of an existing right to compel arbitration; and (2) intentional acts inconsistent with that existing right. (Hill v. Xerox Business Services, LLC (9th Cir. 2023) 59 F.4th 457, 468.) In taking into account the totality...

Excerpt: ... ADOPTED AT THE DECEMBER 5, 2023 HEARING. Defendant uber Technologies, Inc.'s ("Uber") Motion to Seal, filed 10-20-23, is GRANTED. (Cal. Rules of Court ["CRC"], Rules 2.550(d); 2.551). Uber's Motion seeks to seal the following two documents: • Unredacted Declaration of Matthew J. Michelsen in support of Motion to Enforce Settlement (lodged on 10-25-23); unredacted Memorandum of Points and Authorities in support of Motion to Enforce Settlement (...

Excerpt: ... served form interrogatories, a first set of special interrogatories, and a first set of document requests on Plaintiff. (Defendant's Request for Judicial Notice ("RJN") Ex. C-1.) After some back and forth with Plaintiff's counsel, Defendant requested an Informal Discovery Conference ("IDC") before Commissioner Mau, which was held on June 5, 2023. (ld.) Plaintiff agreed to serve substantive supplemental discovery responses by June 13, 2023. (ld.)...

Excerpt: ... Reply Request for Judicial Notice is DENIED because none of the requested matter is material to the Court's evaluation of Defendants' motion. l. ABO COMIX STANDING The motion is DENIED as to A. 8.0. for lack of standing. The cases cited by County do not support this motion. In the case of Creed-21 v. City of Wildomar (2017) 18 Cal.App.5th 690, the complaint alleged that the plaintiff organization was "formed and operating under the laws of Calif...

Excerpt: ...ice of Appeal "fails to state a cause of action" against the Fields, and/or improperly names them as parties (real parties in interest) in this appeal. (Code Civ. Proc. Sect. 430.10(d), (e).) The function of a demurrer is to test whether, as a matter of law, the facts alleged in the complaint state a cause of achon under any legal theory. Intengan v. BAC Home Loans Servicing, LP (2013) 214 Cal.App.4th 1047, 1052. Code Civ. Proc. Sect. 389(a) stat...

Excerpt: ...to amend, as to the Special Demurrer to the First Cause of Acton ("COA") for Civil Rights Violations pursuant to Cal. Code of Civil Procedure Section 430.10(e). OVERRULED with respect to the general Demurrer to the Complaint and the remaining special demurrers. General Demurrer OVERRULED. Defendants argue that each cause of action in the Complaint must be dismissed pursuant to Heck v. Humphrey, (1994) 512 U.S. 477 ("Heck") because the claims impl...

Excerpt: ...ed on October 16, 2020, after failing to heed the summons purportedly served on him. (Oct. 16, 2020 Request for Entry of Default; see Sep. 21, 2020 Proof of Service of Summons by Substituted Service.) More than two years later, Plaintiff Scottsdale Insurance Co. ("Scottsdale") requested a default judgment, and judgment was entered against McNulty in the amount of $433,448.73 on March 30, 2023. (Mar. 22, 2023 Request for court Judgment; Mar. 30, 2...