Excerpt: ...Bank and Chase Home Financial LLC. She discloses that she currently owns and/or has a potential beneficial interest as of September 30, 2020 of more than $1,500 but less than $10,000 in Citigroup Inc. Com New. Moving party Dosi Tennant's Motion to Set Aside Default Judgment and for an Order for Return of Money to Phillip Tennant, filed 12‐18‐19, is DENIED WITHOUT PREJUDICE for failure to serve Plaintiffs with the moving papers. See 12‐18‐...

Excerpt: ...TAINED with leave to amend. The relationship between a mother and son is sufficient to establish a confidential relationship for a constructive fraud cause of action. Estate of Gelonese (1974) 36 Cal.App.3d 854, 863. Plaintiff Janice H. Marini is defendant Matt D. Marini's mother, thus establishing the confidential relationship. Compl. ¶ 2. The agreement does not need to be in writing, even though it concerns real estate, because it was fully pe...

Excerpt: ... Fees is GRANTED pursuant to Civil Code § 2924.12(h) in the amount of $14,450. The July 20, 2020 Order signed by the Hon. Leland Davis III found that Plaintiffs are entitled to an award of attorneys' fees pursuant to Civil Code § 2924.12(h). Thus the entitlement to fees is established by that order. Attorney fees are ordinarily determined by the court pursuant to the “lodestar” method. Under the lodestar, a “reasonable” hourly rate is t...

Excerpt: ...rt SUSTAINS with leave to amend the demurrer as to all causes of action. The Luthra Defendants have failed to file a notice of motion in violation of California Rules of Court Rule 3.110; Code of Civil Procedure § 1010. They only filed a demurrer, memorandum of points and authority and declaration. However, since Plaintiffs substantively responded and the Court can determine from the demurrer the basis for the demurrer, the Court will consider t...

Excerpt: ...r a residential loan and alleges that they, despite her increasingly adamant and urgent instructions to make her the only borrower on the loan application, Defendants failed to do so and prepared escrow documents that they knew or should have known would not be acceptable to the escrow holder and title insurer, that these acts were negligent, and these acts caused her damage. Plaintiff is not attempting to expand Defendants' duties as were the pl...

Excerpt: ...The gravamen for the motion is that the Plaintiff filed to appear at a mediation with a private mediator in violation of California Rule of Court Rule 3.894(a)(1), (3) and for that reason, the mediation was unsuccessful. The authority to award sanctions rests with the discretion of this Court. Wallis v. PHL Associations, Inc. (2008) 168 Cal.App.4th 882, 893. Courts have awarded sanctions against an attorney who failed to attend a hearing or trial...

Excerpt: ...Defendant procured Plaintiff's signature on the Release through fraud/misrepresentation, and (b) Plaintiff only signed it due to her unilateral mistake. Civ. Code § 1689. Based on the evidence presented with this motion, the Court cannot rescind the Release on either of these bases. The Court also questions the statutory and/or legal authority for this motion as none is provided in the notice of motion or the memorandum of points and authorities...

Excerpt: ...rposes only pursuant to Code Civ. Proc. § 1048(a). Case No. 19‐CIV‐07192 (the “Bell” case) and Case No. 19‐CIV‐07194 (the “Galicha” case) are hereby consolidated; the lead case will be 19‐CIV‐07192. Consolidation is a procedure for uniting separate lawsuits for trial, where they involve common questions of law or fact and are pending in the same court. See Code Civ. Proc. § 1048. The purpose is to enhance trial court efficie...

Excerpt: ...o this claim is that the Cross‐Complaint cites to an inapplicable section of the Labor Code. This argument is based on the allegation in Paragraph 19 of the Cross‐Complaint that Cross‐Complainant Roxanne Bell (“Bell”) resigned from her employment with DFS. However, the Cross‐Complaint cites to both Labor Code section 201 and section 202 in support of the First Cause of Action. CrossComplaint (“CC”), ¶¶20, 27. Section 202 governs...

Excerpt: ... in its entirety, including Ruan's Cross‐Complaint, pending resolution of the related criminal case against Ruan. See 8‐13‐20 Decl. of Bin Zhang Ryan, Ex. A (Complaint in People v. Ruan Chunxiang, 20NF007061A). The Constitution does not ordinarily require a stay of civil proceedings pending the outcome of criminal proceedings. Keating v. Office of Thrift Supervision, 45 F.3d 322, 324–25 (9th Cir. 1995). Nevertheless, a court may decide in...

Excerpt: ...n October 2, was one day late, and therefore the opposition should not be considered by the Court. Notably, however, Plaintiff submitted his reply brief on October 7, and he has not attempted to demonstrate any prejudice resulting from the late service. Consequently, the Court finds no grounds to disregard the opposition. The Court has fully considered Defendants' opposition and Plaintiff's reply. Turning to the merits of the motion, Plaintiff co...

Excerpt: ...led to a judgment as a matter of law. In this case, the complaint asserts causes of action based on an account stated, money lent and an open book account. However, the motion only addresses the open book account and account stated causes of action. It does not address the cause of action based on money lent. Instead, for reasons that are not clear, the memorandum of points and authorities and the separate statement address liability for the debt...

Excerpt: ...ndant”) to the Complaint of Plaintiff Jax Martin, a minor by and through his Guardian ad Litem, Kamila Malinowski (“Plaintiff”), is ruled on as follows: (1) Defendant's Request for Judicial Notice of Exhibits 1, 2 and 3 is GRANTED pursuant to Evidence Code section 452(d). Defendant's Request for Judicial Notice of Exhibits 4 and 5 is GRANTED. Defendant's Request for Judicial Notice of Exhibit 6 is DENIED because there is no court‐filed st...

Excerpt: ...e names “Harutyun Arthur Pembejian” and “Arthur Pembejian.” The underlying Guarantee Agreement itself shows the Judgment debtor spells his surname as both “Pemdedjuan” and “Pembejian.” The attached real property records indicate the Judgment debtor holds title to his residence (710 East Harvard Rd., Burbank, Ca.) under the name “Harutyun Arthur Pembejian.” Thus, all three names appear to be the same person. Further, Plaintiff ...

Excerpt: ...rpleader Defendant Jawad Kamal (“Kamal”), on the ground that Mortazavi has not established that the documents are protected from disclosure and in camera review based on privilege and the common interest doctrine. Mortazavi contends that under section 915, the Court lacks authority to conduct an in camera review of absolutely privileged communications. However, a court may conduct an in camera hearing notwithstanding section 915 if necessary ...

Excerpt: ...n approximately 1989 and were colleagues for several years until Mr. Liberty left the firm. They were co‐counsel in Asahi v. Actelion, San Mateo Superior Court Case No. CIV478533. See Asahi Kasei Pharma Corp. v. Actelion Ltd. (2013) 222 Cal.App.4th 945. There were other cases where Mr. Liberty and Cotchett, Pitre & McCarthy were co‐counsel, but Judge Fineman does not recall working with Mr. Liberty on any of those cases. At the time, she assu...

Excerpt: ...nt's Breach of Fiduciary Duty is DROPPED. Although these claims fail to specify against which defendants they are brought, Plaintiffs state that they are not alleged against Defendant. (2) Demurrer to the Second Cause of Action for Nuisance is SUSTAINED WITHOUT LEAVE TO AMEND based on failure to state facts sufficient to support this claim. Plaintiffs concede that this claim was inadvertently pled against Defendant, and only intended to be pled a...

Excerpt: ...h below. Gramercy demurs to the Petition on the grounds that the Petition is untimely, as it was not filed within ninety (90) days of the Labor Commissioner's final determination denying Petitioner Jordan Siliato's 2011 retaliation and wrongful termination claim against Gramercy, as required under CCP § 1094.6. Petitioner does not dispute that he did not file his Petition within 90 days; indeed, Petitioner concedes he filed his Petition more tha...

Excerpt: ...As to other UMF, see UMF 21, 23, 26, 27, 28, Plaintiffs disputes based upon objections, but does not formally make an objection and provides reference to evidence. Therefore, the Court does not formally rule on the objections. Defendants' Motion for Summary Judgment is DENIED. This is a medical malpractice action where Plaintiff contends that defendant Tsuchiyose breached the standard of care in treatment of Plaintiff after a colonoscopy procedur...

Excerpt: ...FACC”) as follows: FALSE LIGHT On the Claim for False Light, the demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. Symphony, as a limited liability company, does not have standing to bring a false light cause of action. Coulter v. Bank of Am. (1994) 28 Cal.App.4th 923, 930; Ion Equip. Corp. v. Nelson (1980) 110 Cal.App.3d 868, 878 (“[T]he tort [of false light] is of a personal character ‘concern(ing) one's feelings and one's own peace of mind.'...

Excerpt: ...ocedure § 430.60; California Rule of Court Rule 3.1320(a). Despite the procedural defect, the Court considers the substance of the demurrer. A demurrer only challenges defects that appear on the face of the pleading, or in matters outside the pleading that are subject to judicial notice. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. No other extrinsic evidence can be considered. Ion Equip. Corp. v. Nelson (1980) 110 Cal.App.3d 868, 881 (error for c...

Excerpt: ...s an Unlimited Civil Case. The Court's docket has the case as a limited civil case and on the caption page of their reply brief, filed September 28, 2020, Defendants state in red on the caption that this case is a Limited Civil Case. For limited civil cases: “Motions to strike are allowed only on the ground that the damages or relief sought are not supported by the allegations of the complaint.” Code of Civil Procedure § 92. The Court does n...

Excerpt: ... set forth below. Defendant has demonstrated that the parties entered into a valid agreement to arbitrate. Plaintiff does not dispute that a valid arbitration agreement exists that covers the parties' dispute. Plaintiff contends, however, that Defendant has waived the right to arbitrate as a result of Defendant's failure to respond to Plaintiff's arbitration demands. Defendant contends the issue of waiver is appropriately determined by the arbitr...

Excerpt: ...ployment Records is DENIED‐IN‐PART and GRANTED‐IN‐PART. The Court notes that Defendants failed to file a Separate Statement in compliance with California Rules of Court Rule 3.1345. Nonetheless, the parties have provided sufficient information for the Court to rule on the matter. Plaintiff first contends that the six subpoenas do not comply with the affidavit requirement of C.C.P. section 1985. An affidavit is not required to be included ...

Excerpt: ...ublic utilities vault that was located on a sidewalk owned and controlled by Defendant CITY of South San Francisco. (Complaint ¶ 9.) For the vault cover to constitute a dangerous condition of public property under Government Code section 830, it must be “owned or controlled” by Defendant CITY. Aaitui v. Grande Properties (1994) 29 Cal.App.4th 1369, 1373–77. The undisputed facts demonstrate that the City neither owned nor controlled the vau...

Excerpt: ...cifically argue that that negligence per se is not a recognized cause of action in California. However, in Sierra‐Bay Fed. Land Bank Assn. v. Superior Court (1991) 227 Cal.App.3d 318, 336, the court held that a plaintiff must prove the following four elements in order to establish negligence per se: (1) defendant violated a statute, ordinance or regulation of a public entity, (2) the violation proximately caused his injury, (3) the injury resul...

Excerpt: ...ndant ED 1005 BM, LLC purchased this property, which property is next door to the property at issue in this case located at 621 California Dr., Burlingame. Part of 621 California may be in a picture included in the complaint in the Hatch v. Kantz action. During the course of the litigation, Judge Fineman, at one point, talked to some people who worked at the garage adjacent to Ms. Hatch's home. In addition, during the case, she had communications...

Excerpt: ...r Relief seeking punitive damages are HEREBY STRICKEN. “In California there is no separate cause of action for punitive damages.” (McLaughlin v. National Union Fire Ins. Co. (1994) 23 Cal.App.4th 1132, 1164.) Plaintiff therefore cannot allege exemplary damages as a separate cause of action, but rather must seek such damages in connection with an underlying cause of action. Thus, Plaintiff is given leave to amend to allege, if possible, such d...

Excerpt: ...bjection to Preliminary Injunction Bond, PARTIES ARE TO APPEAR WITH PLAINTIFFS TO BE PREPARED TO ADDRESS: (1) It does not appear that a publicly redacted copy of Plaintiffs' ex parte application was filed at the time that the unredacted copy of Plaintiffs' ex parte application was lodged conditionally under seal. (See Cal. Rules of Court (“CRC”) Rule 2.551(b)(5).) If no publicly redacted copy was filed, Plaintiffs should address how the court...

Excerpt: ... was not served on Plaintiff, and because Defendants' supporting declarations did not include exhibits which were purported to be attached to both. Plaintiff, however, has indicated that he was able to obtain the opposition papers from the Court's website, and Plaintiff has submitted a reply brief. Accordingly, Plaintiff has not demonstrated prejudice from the alleged lack of service of Defendants' opposition. As a result, the Court has considere...

Excerpt: ...e Defendants and Cross‐Complainants' motion to compel cross‐defendant Maha Naber to appear for deposition is GRANTED. Cross‐ def Naber shall appear for deposition with 15 days of service of notice of the court's order. The deposition shall be conducted remotely through Zoom or a comparable platform. CCP §2025.450 provides that if, after service of a deposition notice, a party fails to appear without having served a valid objection under CC...

Excerpt: ...ic service address for counsel being served. The Court cannot determine from the moving papers and the Proof of Service, filed 6‐30‐20, whether Plaintiff confirmed that the email address at which it served the motion on Defendant's counsel was the appropriate email address. If Plaintiff can demonstrate that it confirmed the email address when it served the motion, then the Court rules on Plaintiff's Motion for Summary Judgment or alternativel...

Excerpt: ...a cause of action as to either the first or second cause of action alleged. Plaintiff has dismissed the third cause of action. A demurrer is treated as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law. San Diego Hospital Assn. v. Superior Court (1994) 30 Cal.App.4th 8, 12. A defendant may object to a complaint through documents upon which a court may properly take judicial notice. Code ...

Excerpt: ...urrently pending), Case No. 19CIV04335, entitled BAPC, LLC v. Todd Vance (case dismissed on 9‐5‐19), and Case No. FAM0120769, entitled Todd Vance and Donna Vance (dissolution action). As set forth in the pleadings in the above‐referenced cases, Bradshaw previously represented Vance as his attorney in Vance's dissolution action, Case No. FAM0120769. Bradshaw later sued Vance to collect allegedly unpaid legal fees in Case No. 19CIV04210. Brad...

Excerpt: ...��Beverly Act) is SUSTAINED without leave to amend. Generally, the Song‐Beverly Consumer Warranty Act applies to buyers of consumer goods, which are defined as “any new product or part thereof that is used, bought, or leased for use primarily for personal, family, or household purposes, except for clothing and consumables. (Civ. Code § 1971, subd. (a). The only “used” goods within the definition are assistive devices sold at retail. (Id....

Excerpt: ...its May 8, 2020 COVID 19 Emergency Order Regarding Tentative Rulings, Briefing, and Hearings on Pending Matters in the Civil Law and Motion Department. That order contemplates a briefing schedule different than the statutory deadlines. Defendants, however, filed their reply brief pursuant to the statutory deadlines and the Court did not realize that Defendants had filed a reply when it issued its first tentative. The Hon. Nancy L. Fineman apologi...

Excerpt: ...e pleadings lies where the Complaint, or the cause of action at issue, “does not state facts sufficient to constitute a cause of action against that defendant.” Code Civ. Proc. § 438(c). As with a demurrer, a motion for judgment on the pleadings must be denied if the allegations state any valid cause of action; it is not necessary that the cause of action be the one intended by plaintiff. Quelimane Co., Inc. v. Stewart Title Guar. Co. (1998)...

Excerpt: ...CHA KUANG, GUO MIN LI, ANTHAN WEICHAUN HE, HUA BIN HE, AND LIZI HU TENTATIVE RULING: The motion to enforce Settlement Agreement, filed by Defendants MAStar Professional Corp., Acumentum Penny Lane, Woodland EPA, Jenny Huang, Mingcha Kuang, Guo Min LI, Anthan Weichuan He, Lizi Hue, Hua Bin He, Yung‐Jen Hsu, and Charles Koo (“Defendants”) and Crosscomplainants Acumentum Penny Lane, Mingcha Kuang, Guo Min Li, Anthan Weichaun He, Hua Bin He, an...

Excerpt: ...TED for the reasons set forth below. Judgment shall be entered in the form set forth in the Arbitrator's Award, issued December 27, 2019. Service and Filing of Petition As an initial matter, Respondent claims that the Petition should be dismissed because Petitioners did not attach a copy of the parties' arbitration agreement to the Petition, and because Petitioners did not serve First Hawaiian Bank with a notice of the Petition. Both claims are u...

Excerpt: ...old and delivered, money lent, and money paid. (See Complaint ¶ CC‐1(b).) Since those claims are unaddressed, summary judgment is not possible. The motion for summary adjudication of issues is GRANTED as to the 1st cause of action for breach of contract and the 2nd cause of action as to common counts open book account and account stated. A. Procedural Rulings Defendant's Objections 1 through 6 as to Common Counts and 1 through 12 as to Breach ...

Excerpt: ...ot malicious or wanton in her use and maintenance of her property at 392 Greenbriar Road, Half Moon Bay, California; 2. Under the theory of trespass, Defendant John Lorts was not malicious or wanton in his use and maintenance of his property at 392 Greenbriar Road, Half Moon Bay, California; 3. Under the theory of nuisance, Defendant Colleen Lorts was not malicious or wanton in her use and maintenance of her property at 392 Greenbriar Road, Half ...

Excerpt: ...o judgment as a matter of law. A privileged statement is not defamatory, as a statement must be non‐privileged in order to be proven defamatory. Lemke v. Sutter Roseville Medical Center (2017) 8 Cal.App.5th 1292, 1298. As Defendants have argued, “Application of the privilege involves a two‐step analysis. The defendant has the initial burden of showing the allegedly defamatory statement was made on a privileged occasion, whereupon the burden...

Excerpt: ...ode §15657.01). (See Application ¶6b.) Plaintiff does not allege a cause of action for financial elder abuse, and the Application is not supported by any evidence of elder abuse. The first and second causes of action are for open book account and account stated, but the Application offers no evidence supporting either of these common counts, other than a copy of one invoice. The invoice contains suggestions that Plaintiff performed and the rate...

Excerpt: ...assment and Intentional Infliction of Emotional Distress Pursuant to CCP § 527.6 §§§ (a)(1), (B) (1)(2)(3, & (L) and with its Judgment discharge ability Preempted Pursuant to USC 11 § 523(a)(4)” is SUSTAINED WITH LEAVE TO AMEND based on uncertainty and failure to allege facts sufficient to support a cause of action. A demurrer for uncertainty may be sustained where the complaint is so bad that defendant cannot reasonably determine what iss...

Excerpt: ...XHIBITS ATTACHED TO THE DECLARATIONS OF BENJAMIN SCHWAN (“SCHWAN DECL.”) AND JONATHAN C. SANDERS (“SANDERS MSJ DECL.”) IN SUPPORT OF THE MSJ. TENTATIVE RULING: ACCREDITED DEBT RELIEF's motion to seal portions of its moving papers in support of Motion for Summary Judgment is granted as to the Memorandum of Points and Authorities, Separate Statement of Undisputed Facts, Exhibits A through H and J through O of the Declaration of Schwan, and ...

Excerpt: ...art. Plaintiff's request for attorney's fees is also GRANTED, in part. Defendant does not oppose Plaintiff's request to enter judgment pursuant to CCP § 664.6. Consequently, judgment shall be entered setting forth the terms of the parties' settlement agreement. Plaintiff also requests that the Court enforce the parties' agreement under § 664.6. In this case, the parties' agreement awards the Gill Vista, 24770 Soto Road, and 998 Governors Bay Dr...

Excerpt: ...PORATION'S REQUEST FOR PRODUCTION OF DOCUMENTS (SET ONE) WITHIN 7 DAYS OF THE ORDER. TENTATIVE RULING: Defendants' motion to compel further responses is DENIED as to Request No. 23. For this request, Defendants seek Plaintiffs' source code for the games at issue. Plaintiffs' source code constitutes a trade secret. (See CACI No. 4402.) Plaintiffs' evidence shows that the source code is secret and that Plaintiffs have made reasonable efforts to kee...

Excerpt: ...�PART and OVERRULED‐INPART, as set forth below. As an initial matter, the Court notes that the FAC and Defendants' Demurrer papers lack clarity in some respects, possible creating unnecessary work. The FAC names multiple Plaintiffs and Defendants. Each asserted cause of action identifies the Defendants against whom the claim is asserted, but does not identify the Plaintiffs asserting the claim, which suggests that all named Plaintiffs are asser...

Excerpt: ...ional infliction of emotional distress are: “(1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff's suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant's outrageous conduct....” (Christensen v. Superior Court (1991) 54 Cal.3d 868, 903.) Plaintiff ...

Excerpt: ...Authorities in Support of Plaintiffs' Opposition to the Motion for Preliminary Injunction (“MPA”) is DENIED. The proposed sealing is overbroad. Lines 18‐19 on page 11 of the MPA quote a section of PUBG's Motion for a Preliminary Injunction, and Plaintiffs seek to seal this portion of the MPA based on PUBG's Motion to Seal the related portion of its Motion for a Preliminary Injunction. The Court denied PUBG's Motion to Seal portions of its M...

Excerpt: ...he Motion of Defendants Equinox Holdings, Inc. and James Lopresti (collectively “Defendants”) for Summary Judgment or alternatively, Summary Adjudication, to the Complaint of Plaintiff Robert Pierre Alexander (“Plaintiff”), is DENIED WITHOUT PREJUDICE. Failure to comply with the separate statement may in the court's discretion constitute a sufficient ground for denying a motion for summary judgment or summary adjudication. (C.C.P. § 437c...

Excerpt: ...ED BY THE JUDGE FINEMAN, ON JANUARY 28, 2020; AND THE JUDGMENT THAT WAS ENTERED AGAINST ROBIN AND SEAN LOVE, DATED FEBRUARY 7, 13 2020 TENTATIVE RULING: Defendants Robin Love's and Sean Love's (“Defendants”) Motion to Set Aside Dismissal, Orders, and Judgment is GRANTED‐IN‐PART. As an initial matter, the motion to set aside the December 11, 2019 dismissal and the January 8, 2020 order granting the motion for evidentiary sanctions is to be...

Excerpt: ...pposition to be filed “not less than 14 days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise.” Notably, Defendant submitted a reply on August 28 and has not objected to Plaintiff's opposition on the grounds that it was not timely filed or that it has been prejudiced by the delay. As a result, the Court, in its discretion, has considered Plaintiff's opposition. Premises Liability In order to...

Excerpt: ...rder requires that Plaintiff meet and confer with Defendants and attempt to resolve the present dispute informally, and if unsuccessful, to then participate in a mediation with Defendants prior to filing a motion in Court to enforce the Agreement. Thus, the parties contractually agreed, and the Court ordered, that the § 9 ADR procedure constitutes a prerequisite to either party seeking Court intervention to enforce the Agreement. See 7‐6‐20 ...

Excerpt: ...VIL PROCEDURE. TENTATIVE RULING: This motion is continued to October 28, 2020 at 1:30 in Department 4 so that the parties can respond to the following questions. Opening briefs of no more than ten (10) pages shall be filed and served by October 14, 2020 and responsive briefs shall be filed and served by October 21, 2020. Courtesy copies of the briefs shall be delivered to Department 4. 1. Has there ever been a SLAPP motion granted when a party ha...

Excerpt: ...E SEVENTH CAUSE OF ACTION IN ITS ENTIRETY, THE EIGHTH CAUSE OF ACTION IN ITS ENTIRETY, THE NINTH CAUSE OF ACTION IN ITS ENTIRETY, THE TENTH CAUSE OF ACTION IN ITS ENTIRETY, AND/0R THE ELEVENTH CAUSE OF ACTION IN ITS ENTIRETY. TENTATIVE RULING: Defendants' Motion to Strike from the Complaint the causes of action predicated on Defendants' alleged conspiracy is DENIED. Civil Code section 1714.10 requires a prior court order before filing an action a...

Excerpt: ...SUSTAINED. These causes of action are predicated on Defendants' alleged fraudulent or negligent misrepresentations and omissions. Each element of fraud and negligent misrepresentation must be specifically alleged. Cadlo v. Owens‐Illinois, Inc. (2004) 125 Cal. App. 4th 513, 519. General and conclusory allegations are not sufficient. Lazar v. Superior Court (1996) 12 Cal.4th 631, 645. A plaintiff must plead facts which show how, when, where, to w...

Excerpt: ...kenzie & Associates, Inc. dba Truex Metier (“Plaintiff”) is ruled on as follows: (1) Defendant's Memorandum of Points and Authorities fails to comply with California Rules of Court Rule 3.1113(b). Rule 3.1113(b) requires a memorandum to 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. Here, Defendant...

Excerpt: ...laintiff”) is ruled on as follows: (1) Demurrer to the First Cause of Action for Interference with Prospective Economic Advantage based on failure to allege facts sufficient to support this claim and uncertainty, is OVERRULED. Plaintiff alleges both negligent and/or intentional interference in this claim. (See FAC ¶ 33.) Plaintiff alleges facts sufficient to support a claim for intentional interference with prospective economic advantage. The ...

Excerpt: ...es both the demurrer and motion to strike in this tentative. For purposes of ruling on a demurrer, the complaint is read liberally as a whole rather in isolation with a view to substantial justice and all allegations are to be accepted as true. Code of Civil Procedure § 452; Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. The same is true for a motion to strike. Courtesy Ambulance Service v. Superior Court (1992) 8 ...

Excerpt: ...defendants in this case. Plaintiff ALLSTATE paid its insured $57,350. The insurer of defendant Nemmer Roofing, Watford Specialty Insurance, paid Plaintiff's insured $108,359. Defendant Nemmer Roofing has filed a cross‐complaint against settling defendant AN/BE and Watford has filed a separate action against AN/BE. Plaintiff ALLSTATE's Complaint seeks $57,350, which is the maximum judgment possible against AN/BE. Plaintiff and AN/BE have settlem...

Excerpt: ...n June 5, 2020 with an identical copy of the exhibits, Plaintiff in response to the separate statement states that it is impossible for Plaintiff to confirm the relevance or accuracy of certain statements because the exhibit was not attached. See e.g. Response to UMF Nos. 3, 4, 5. Plaintiff may not have realized that the same exhibits were attached to a previously served motion. Usually, the Court will continue the motion to allow a full response...

Excerpt: ...rst through Fifth Causes of Action is SUSTAINED WITH LEAVE TO AMEND. On the face of the Complaint, these claims appear barred by the three‐year statute of limitations under Code of Civil Procedure section 338(d). The statute commences to run only after one has knowledge of facts sufficient to make a reasonably prudent person suspicious of fraud, thus putting him on inquiry. (Hobart v. Hobart Estate Co. (1945) 26 Cal.2d 412, 437.) “A plaintiff...

Excerpt: ...refore, the Court issues this tentative. The unopposed motion for summary judgment filed by Defendant CHICAGO TITLE INSURANCE COMPANY is granted. The undisputed material facts and supporting evidence establishes a prima facie showing that Defendant CHICAGO TITLE did not breach any duty that it owed to Plaintiff. Plaintiff has not demonstrated that a triable issue of material fact exists. Escrow instructions govern the rights and liabilities of th...

Excerpt: ...staurants, Inc. (1989) 215 Cal.App.3d 353, 356). Plaintiff has waived her right to seal the records in this case. A party waives their right to obtain an order to seal documents where the documents are already part of the public record. (See Savaglio v. Wal‐Mart Stores, Inc. (2007) 149 CA4th 588, 600; Weil & Brown, Cal. Prac. Guide Civ. Pro. Before Trial § 9:417.5 (TRG 2020).) The records in this case were all filed prior to the motion to seal...

Excerpt: ...isposition of this motion. After the parties submitted supplemental briefing, the Court continued this matter so that it could rule on Plaintiff's pending motion for consolidation. The Court granted Plaintiff's unopposed motion to consolidate Case Nos. CIV525758 and 19CIV00123 on July 27, 2020. The Court, having considered the parties' original and supplemental briefs, as well as the pleadings on file in this matter, rules on Plaintiff's motion a...

Excerpt: ... Court notes that Defendants filed this motion in April 2020, and directed it to the Second Amended Complaint (SAC). Thereafter, on 7‐6‐20, Plaintiff filed a Third Amended Complaint (TAC), which made no change(s) to the parties or to the asserted causes of action, but made minor changes to the Prayer for relief. Plaintiff then filed an Opposition to this Motion for Summary Judgment. The moving and opposing papers refer only to the SAC. All pa...

Excerpt: ...0 Request for Dismissal, and the dismissal entered the same date. For the reasons stated below, as to the Seventh Cause of Action for “harassment,” the motion is DENIED. As an initial matter, the Court notes that Defendants filed this motion in April 2020, and directed it to the Second Amended Complaint (SAC). Thereafter, on 7‐6‐20, Plaintiff filed a Third Amended Complaint (TAC), which made no change(s) to the parties or to the asserted ...

Excerpt: ...ed the moving, opposition, and reply papers and now issues the following ruling. Cross‐ Defendant's Special Motion to Strike (“SLAPP”) the Cross‐Complaint is DENIED. CrossDefendant has not established the first prong of the SLAPP analysis that the acts underlying any of the six causes of action in the Cross‐Complaint arise out of protected activity described by Code of Civil Procedure § 425.16(e). Further, even if Cross‐Defendant had...

Excerpt: ...same last name. The Court means no disrespect to them. Defendants assert that as the hirer of a contractor that they are not liable for personal injuries sustained by Plaintiff, the contractor's employee, based on Privette v. Sup. Ct. (1993) 5 Cal.4th 689. However, “when a hirer of an independent contractor, by negligently furnishing unsafe equipment to the contractor, affirmatively contributes to the injury of an employee of the contractor, th...

Excerpt: ...heduled date, and no prejudice has been established. Plaintiff's motion for attorneys' fees is GRANTED pursuant to Civil Code § 1717 and Code of Civil Procedure § 1032. Plaintiff followed the proper procedure in filing a memorandum of costs with the attorneys' fees and contemporaneously filing this motion. Plaintiff's complaint was one for a non‐judicial foreclosure. Plaintiff agrees that there is no right based on the complaint to obtain the...

Excerpt: ...ent from the location identified in Plaintiff's Government Claim is OVERRULED. Plaintiff's Government Claim identified the location as an intersection of Sand Hill Road and Sand Hill Circle.” The FAC states that the incident occurred at specific GPS coordinates. (FAC para. GN‐1, MV‐1.) The numerical coordinates differ from the words “Sand Hill Road and Sand Hill Circle,” but nothing in the Complaint implies that the coordinates describe...

Excerpt: ...omplaint alleges eight causes of action; she has dismissed the fourth and fifth causes of action. Stanford brings only a motion for summary judgment. Stanford argues that Plaintiff cannot establish an essential element of all her claims, which is a proper basis for summary judgment. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 853; see Code Civ. Proc., § 437c, subd. (p)(2). Defendant has the initial burden and once the defendant meet...

Excerpt: ...7c(a)(2), a motion for summary adjudication must be “served on all other parties to the action at least 75 days before the time appointed for hearing. . . . If the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 75‐day period of notice shall be increased by two court days.” Plaintiff served this motion via email on June 1. The hearing, which was set for A...

Excerpt: ... before the reply was filed. Replies in writs of attachment are only due two court days before the hearing, Code of Civil Procedure 484.060(c), by which time the tentatives are already prepared and, in this case, the Court failed to check the court file prior to the hearing to see if a reply had been filed. In ruling on a writ of attachment, the Court uses its discretion and weighs the evidence, based upon a preponderance of the evidence standard...

Excerpt: ...ies of purportedly official records, to which Plaintiff objects. Without a proper certification, the Court cannot take judicial notice of the documents. As Justice Mark Simons explains: § 2:69. Official records and other official writings—Certification of official and recorded writings Evidence Code § 1530 provides that “(a) A purported copy of a writing in the custody of a public entity, or of an entry in such writing, is prima facie evide...

Excerpt: ... of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. Code Civ. Proc., § 664.6 In this case, the parties had an arbitration agreement, but when disputes arose agreed to...

Excerpt: ...f action. “The anti‐SLAPP motion need not address what the complaint alleges is an entire cause of action, and may seek to strike only those portions which describe protected activity.” Baral v. Schnitt (2016) 1 Cal.5th 376, 395‐396. A defendant may bring a special motion to strike any cause of action “arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution...

Excerpt: ...3‐30‐20, which alleges Unfair Business Practices under Business & Professions Code § 17200 (“UCL”), is SUSTAINED WITH LEAVE TO AMEND. This Cause of Action seeks disgorgement of roughly $314,000 the Hogans allegedly paid to JPM for work they contend was performed by unlicensed subcontractors. This Court previously sustained with leave JPM's demurrer to the UCL cause of action. The Hogans filed a SACC with additional allegations. Once agai...

Excerpt: ...bout, inter alia, small amounts of money; the attorney time to object to and support some of the requests probably exceeds the amounts requested. Since both parties imply that discussions may be able to resolve the issues, the Court believes that in this time of the pandemic with the Court budget being slashed, it is a better use of judicial resources for the parties to resolve what they can and then return to the Court, if necessary, with pared ...

Excerpt: ... an opportunity to formally respond and for Defendant to file a reply, the Court continued the hearing. After review of the moving papers, opposition and reply, the Court GRANTS the motion. In this action, Plaintiff brings suit against his former spouse for forcible entry and forcible detainer. Defendant contends that Plaintiff may not bring an unlawful detainer claim against Defendant because the Complaint admits that Plaintiff and Defendant are...

Excerpt: ...on of an anti‐SLAPP motion involves two steps. First, the defendant must establish that the challenged claim arises from activity protected by [Code of Civil Procedure] section 425.16. If the defendant makes the required showing, the burden shifts to the plaintiff to demonstrate the merit of the claim by establishing a probability of success. We have described this second step as a “summary‐ judgment‐like procedure.” The court does not ...

Excerpt: ...s. California Rule of Court 3.1113(d),(g). Timeliness of the Motion As an initial matter, Plaintiffs contend the Court should decline to rule on this motion because it was not scheduled at least 30 days from the scheduled trial date as required pursuant to CCP § 437c(a). Plaintiffs acknowledge that the trial date has been continued. However, they contend Defendant must file a new motion in order to provide the required 75‐day notice of a motio...

Excerpt: ...RG 2020). Plaintiff has not demonstrated that it is more likely than not that the he will obtain a judgment against Defendant on the claim. Plaintiff's memorandum does not analyze any of the elements necessary for Plaintiff to prevail. Plaintiff submits two declarations in support of the application (one specific to the application and the other one in support of judgment), but both only refer to the executed settlement agreement and that no paym...

Excerpt: ...ion for trial in California. See Stangvik v. Shiley (1991) 54 Cal. 3d 744, 750‐51. The Court declines to dismiss the action until the parties demonstrate that the action may proceed in the alternative forum. Defendants contend California is an inconvenient forum for this case because: “(1) the alleged accident occurred in Arizona; (2) plaintiffs are residents of Arizona, (3) there are additional parties over which California may not have pers...

Excerpt: ... filed in 2014. In August 2018, Plaintiff and Defendant George Eshoo (“Defendant”) entered into a written settlement agreement pursuant to which Defendant agreed to transfer 5% of his membership interest in 32 & Bruce Partners, LLC (“the LLC”) to Plaintiff. (See Plaintiff's Decl., Exh. A, Settlement Agreement.) In July 2019, Plaintiff brought a motion to enforce the settlement agreement, which the court granted in part. (See Plaintiff's R...

Excerpt: ...usiness Alliance Insurance Company. See PSM Holding Corp. v. National Farm Financial Corporation (9th Cir. 2018) 884 F.3d 812. The Application of Plaintiff Independent Electric Supply, Inc. (“Plaintiff”) for Right to Attach Order and Writ of Attachment to the property of Defendants Platinum Sales Group dba Sunstor Solar Electric (“Sunstor”) and Joshua Orozco (“Orozco”) (also collectively “Defendants”), is GRANTED IN PART. The Cour...

Excerpt: ...hall meet and confer on this issue, and may, in their discretion, contact the Court to re‐schedule the hearing date after additional discovery is taken. A lis pendens may be ordered expunged where the complaint does not assert a “real property claim” (Code Civ. Proc. § 405.31); or where plaintiff (“claimant”) cannot establish the real property claim's “probable validity” by a “preponderance of the evidence.” Code Civ. Proc. § ...

Excerpt: ...as set forth below: Defendants' request for judicial notice is GRANTED pursuant to Evid. Code § 452(d). Res Judicata The Court finds Plaintiffs' claims are barred by the doctrine of res judicata. The doctrine of res judicata, or claim preclusion, promotes judicial economy by mandating that all claims based on the same “cause of action” be decided in a single suit; if not brought initially, they may not be raised at a later date. Mycogen Corp...

Excerpt: ...terest that outweighs the right of public access to the records. The Notice of Motion to Strike and the moving Memorandum of Points and Authorities are redacted sufficiently narrowly to comply with CRC Rule 2.550(d) (sealing must be “narrowly tailored”) and Rule 2.550(e)(1) (order must seal only those documents or pages, or “portions” of those documents).) NETEASE's motion to file under seal is DENIED without prejudice to seal more limite...

Excerpt: ...e all of the County's claimed costs. The County's Opposition brief voluntarily retracted the request for FEDEX delivery costs, which reduced the County's claimed service of process costs from $1,977.60 down to $1,599.25, which in turn reduced the County's total requested costs down to $18,260. Having reviewed the arguments and evidence, for the reasons stated below, the Court finds the County shall recover total costs from Plaintiff in the amount...

Excerpt: ...an action to recover rent for months that were not addressed in that UD action, (see, e.g. Hong Sang Market, Inc. v. Peng, 20 Cal. App. 5th 474, 229 Cal. Rptr. 3d 99 (1st Dist. 2018)). However, the reasoning in those instances was based on the summary nature of UD actions, and not on a statutory exception to the doctrine of res judicata as advocated by Plaintiff. Plaintiff has not provided any case law supporting the proposition that Cal. Civil C...

Excerpt: ...elow) A. The Complaint Is Deficient for Failure to Include an Indispensible Party. Real Party in Interest Adam Zollinger is the person to whom the Permit was granted. (See RJN Ex. B.) Mr. Zollinger has undertaken the efforts necessary to secure the Permit, which is a property right. (See Beresford Neighborhood Assn. v. City of San Mateo (1989) 207 Cal. App. 3d 1180.) Mr. Zollinger has a substantial stake in the project by virtue of those efforts,...

Excerpt: ...iding interest will be prejudiced if the record is not sealed; (4) the proposed sealing is narrowly tailored; and (5) no less restrictive means exist to achieve the overriding interest. CRC 2.550(d); see McGuan v. Endovascular Technologies, Inc. (2010) 182 CA4th 974. These findings embody constitutional requirements for a request to seal court records, protecting the First Amendment right of public access to civil trials. See NBC Subsidiary (KNBC...

Excerpt: ...d to the Court's jurisdiction pursuant to § 664.6 (the “Settlement Agreement”). Defendants do not dispute the Court's authority to enter judgment pursuant to § 664.6. Instead, Defendants seek an order establishing a payment structure different than the one provided in the Settlement Agreement. However, the Court's authority is limited to entering judgment according to the terms of the Settlement Agreement. See Hernandez v. Board of Educatio...

Excerpt: ...sferred title of the property to Nhan Van Pham (“Pham”), as trustee of the Nhan Van Pham Trust dated October 23, 2017. An action to quiet title may be brought only by one holding an interest in the subject property. (See Chao Fu, Inc. v. Chen (2012) 206 Cal.App.4th 48, 59.) However, an equitable owner may seek to quiet title when the defendant acquired legal title by fraud. (Warren v. Merrill (2006) 143 Cal. App. 4th 96, 114.) The elements of...

Excerpt: ...discovery process,” may be appropriate even without a court order violation in cases involving egregious, intentional spoliation of evidence. See Williams v. Russ (2008) 167 Cal.App.4th 1215, 1223; R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 497. Based on the evidence submitted to the Court with this motion, the facts here do not suggest the level of intentional, egregious conduct required to justify terminating sanc...

Excerpt: ... Govt. Code Section 900 et seq., which established certain conditions precedent to the filing of a lawsuit against a public entity, or against a public entity employee acting within the scope of his or her employment. Briggs v. Lawrence (1991) 230 Cal.App.3d 605, 612‐13; State v. Superior Court (2004) 32 Cal.4th 1234, 1237. Under the CTCA, Plaintiff was required to file a written claim for money or damages with the County of San Mateo. Govt. Co...

Excerpt: ...ivil Code section 1942.4 and Fourth Cause of Action for Violation of Business and Professions Code section 17200. Thus, Defendants fail to meet their initial burden of showing that there is no triable issue of material fact as to all the causes of action alleged by Plaintiffs Blanca Ramos and Ubaldo Magana (“Plaintiffs”) in the Complaint. (See C.C.P. § 437c(c), (p)(2).) (2) Defendants' Motion for Summary Adjudication to the First Cause of Ac...

Excerpt: ...mbered case. The tentative is being posted here, as well as in 19‐CIV‐04266, for ease of tracking. Motion to Strike, filed by Defendants Working Dirt R2, LLC, Working Dirt, LLC, Claudia Truesdell, Abraham Farag, Amy Miller, Brenda Davis and Whitney Ballestrazze: A. Third and Fifth Causes of Action. The Motion to Strike the third and fifth causes of action (aiding and abetting breach of fiduciary duty) is GRANTED. Plaintiff added the new cause...