Excerpt: ...n required by Code of Civil Procedure, section 430.41. Defendants' counsel is reminded to strictly comply with all meet and confer requirements going forward. In the Court's discretion, despite the defective meet and confer, the Court will proceed to rule on the demurrer's merits. Defendants' Demurrer to the Eleventh Cause of Acton (violation of FEHA) is OVERRULED. Defendants argue that this claim fails to state a cause of action because (a) Plai...

Excerpt: ... above, a three-day notice must include "the amount which is due." A notice that seeks rent in excess of the amount due is invalid and will not support an unlawful detainer action. (Levitz Furniture Co. v. Wingtip Communications, Inc. (2001) 86 Cal.App.4th 1035, 1038 [parenthetical and citations omittedl.) The notice to pay rent or quit upon which Barahona's claim is founded demands a $200.00 late fee in addition to past-due rent of $1,360.00. (J...

Excerpt: ...rict's decision in Raymond Handling Concepts Corp. v. Superior Court (1995) 39 Cal.App.4th 584, 590—591. In that case, the trial court drafted an order that "allowed disclosure only to counsel in similar cases and only if counsel executed a stipulation agreeing to be bound by the protective order. The order further required counsel to notify defense counsel when disclosure was made." The appellate court noted that "This gives defense counsel an...

Excerpt: ...on the defendant's intentionality. Snowney v. Harrah's Ent. , Inc. (2005) 35 Cal.4th 1054, 1062. This prong is only satisfied when the defendant purposefully and voluntarily directs its activities toward the forum so that it should expect, by virtue of the benefit it receives, to be subject to the court's jurisdiction based on its contacts with the forum. ld. Thus, purposeful availment occurs where a nonresident defendant purposefully directs its...

Excerpt: ...not filed any papers subsequently, and the moton remains unopposed. Defendants' motion to compel discovery set for hearing on August 23, 2023 is VACATED AS MOOT. The Court finds as follows: Plaintiff's complaint is for recovery on a $260,000 Check written to Plaintiff by Defendants. (See Civ. Code sect. 1719, subd. (a)(l) (statutory basis for liability against "any person who passes a check on insufficient funds").) Defenses to a claim for a dish...

Excerpt: ...ied upon, and that she was deceived. Her claims are based on HealthSmart's use of the descriptions "healthy" and "all-natural," yet as is apparently conceded by Plaintiff, HealthSmart has not used these adjectives to describe the products purchased by Plaintiff. HealthSmart notes the accused Sweet Nothings products are just one of several product lines. HealthSmart points to its website to demonstrate that, in fact, HealthSmart has not used the w...

Excerpt: ...RTY MUST NOTIFY DEPARTMENT FOUR AND ALL OTHER PARTIES BY 4:00 P.M. ON MONDAY, AUGUST 7, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 15, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 15, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON AUGUST 8, 2023. Defendant snowflake, Inc.'s Motion to compel Compliance with Stipulated Protocol for Forensic Analysis a...

Excerpt: ...ULL BELOW AND IF A PARTY HAS CONTESTED THE TENTATIVE, IT IS SO INDICATED. IF THE TENTATIVE IS CONTESTED, THE CONTESTING PARTY MUST NOTIFY DEPARTMENT FOUR AND ALL OTHER PARTIES BY 4:00 P.M. ON MONDAY, AUGUST 7, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 15, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 15, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING O...

Excerpt: ...n on substantive grounds, which appears the most effcient way to resolve this motion rather than denying the motion without prejudice on the procedural ground. A defective pleading may be challenged by demurrer, motion to strike, or motion for judgment on the pleadings. (Coyne v. Krempels, (1950) 36 Cal.2d 257. A motion for judgment on the pleadings, which is authorized by Code of Civil Procedure section 438(b)(1), performs the function of a gene...

Excerpt: ...correct address for Department 4 of the Central Courthouse, 800 N Humboldt St, Courtroom G, San Mateo, CA 94401. Therefore, by 4:00 p.m. on August 14, 2023, Plaintiff is to contact defendant to notify him of the correct address of the hearing. Defendant will have until 11:30 on August 15, 2023 to contest the tentative and plaintiff shall also inform defendant of this deadline. Plaintiff shall then APPEAR at the hearing to confirm that this notice...

Excerpt: ...tice of this order. Plaintiff TGA F299 Franklin LLC's Request for Judicial Notice is GRANTED. Defendants Matte Sun Group's and Evan Haskell's Request for Judicial Notce is DENIED. Defendants Matte Sun Group (MSG) and Evan Haskell demur to the First Amended Complaint's two contract claims generally, on the basis that neither states facts suffcient to constitute a cause of action, and specially, on the bases that Haskell is not a proper party and t...

Excerpt: ... TO AMEND. The complaint contains many evidentiary allegations that Plaintiff was harassed on the basis of his Indian heritage. The Complaint, however, does not allege discrimination based on his Indian heritage. There are no allegations that Plaintiff was treated differently from any employees who were not of Indian heritage. The Complaint alleges that sexual harassment is actionable as discrimination if it is so severe or pervasive as to alter ...

Excerpt: ...laint no later than five (5) days after service of written notice of this order. Plaintiff TGA F299 Franklin LLC's Request for Judicial Notice is GRANTED. Defendants Urban Flat, LLC's and Evan Haskell's Request for Judicial Notice is DENIED. Defendants Urban Flat, LLC ("urban") and Evan Haskell demur to the First Amended Complaint's two contract claims generally, on the basis that neither states facts suffcient to constitute a cause of action, an...

Excerpt: ...ries, depositions, and matters of which judicial notice shall or may be taken." Under Aguilar v. Atlantic Richfield Co. (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, so ...

Excerpt: ...iberally to permit amendment of pleadings. Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939. Particularly "[w]here no prejudice is shown to the adverse party, the liberal rule of allowance prevails." Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 564. The Court agrees, in part, with Accessible Home Lift Companvs ("Accessible") allegations of delay and lack of diligence in seeking leave to amend. HSS's proposed FACC seeks to add Mesa underwriters S...

Excerpt: ...ions is DENIED. Defendants move this Court to strike Plaintiff's allegations as to alter ego liability because, inter alia, they argue that Plaintiff has failed to adequately plead facts supporting a unity of interest between the Defendants such that the corporate veil should be pierced. At the pleading stage, the Court looks to whether Plaintiff has adequately pled sufficient facts to support the two requirements of the alter ego theory: unity o...

Excerpt: ...nd Annie Zhao because, although they were parties to the original Complaint filed on April 17, 2017, they were not named as Plaintiffs in the First Amended Complaint (FAC) filed on October 30, 2017. According to Defendants, "this Court could not award an individual recovery to SUN and ZHAO without the FAC being amended to include SUN and ZHAO as individual plaintiffs, and that amendment being served on the Chu Defendants, which did not occur in t...

Excerpt: ... entered into a General Mutual Release (the "settlement agreement") signed by the settling parties on May 25, 2023, May 29, 2023, and June 5, 2023, under which Plaintiffs unequivocally Cross-Defendant's offer of $10,000.00 to resolve their claim in exchange for a full release of all claims against Cross-Defendant. The non-exhaustive factors for making a determination of good faith settlement are provided by TechBilt, Inc. v. Woodward-Clyde & Asso...

Excerpt: ...ourt takes judicial notce of their filing dates and contents, but not as to the truth of statements/allegatons in the documents. Plaintiff's 7-27-23 Request for Judicial Notice is GRANTED. (Evid. Code Sect. 452(d)). Defendant's 8-3-23 Objections to Evidence are all OVERRULED. The Court rules on objections to evidence, not objections to alleged "facts" in Plaintiff's Separate Statement. Further, for the most part, Defendant's arguments go to the w...

Excerpt: ...illon ("Plaintiffs") is SUSTAINED WITHOUT LEAVE TO AMEND. (1) The Demurrer to the First Cause of Action for Wrongful Foreclosure is SUSTAINED WITHOUT LEAVE TO AMEND based on failure to state facts sufficient to support this claim. The SAC alleges that the Notce of Default ("NOD") improperly demanded $13,643.36. (SAC 27.) Plaintiffs acknowledge that they missed monthly $650.00 payments beginning October 2018, and were in arrears for 17 months at t...

Excerpt: ...e enforcement of a right to inspection of corporation books and records is done by Petition, not by Complaint. (2) Section 1501(c) has to do with disclosure of financial statements and/or creation of quarterly financing statements — which is not the relief that Vaid has pleaded. (3) Demand for inspection of books and records is under Sectons 1601 and 1602, not 1500 or 1501. (4) In an action to enforce under Section 1503, the Court may appoint a...

Excerpt: ...CONTINUED TO AUGUST 15, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT TH AUGUST 15, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON AUGUST 8, 2023. Defendant Snowflake, Inc.'s Mohon to Compel Compliance with Stipulated Protocol for Forensic Analysis and Request for Monetary Sanctons is GRANTED for the reasons set forth below. In November 2022, the parties entered into a Stipulated P...

Excerpt: ...NOTIFY DEPARTMENT FOUR AND ALL OTHER PARTIES ay 4:00 P.M. ON MONDAY, AUGUST 7, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 15, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 15, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON AUGUST 8, 2023. The court VACATES the case Management Conference set for September 12, 2023 at 2:00 p.m. and resets it for Septem...

Excerpt: ..., 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON AUGUST 8, 2023. Defendant Joseph's Motion for Terminating Sanctions and Further Monetary Sanctions is DENIED. "The trial court may order a terminating sanction for discovery abuse after considering the totality of the circumstances: [the] conduct of the party to determine if the actions were willful; the detriment to the propounding party; and the number of formal and informa...

Excerpt: ... no merit against El Camino Motors. The Court exercises its discretion to not rule on Plaintiffs' Objections to UMFs 7, 8, 9, 18, 20, 36, and 39 (incorrectly cited as UMFs 6, 7, 8, 17, 19, 35, 38). None of the challenged material facts is material to the Court's disposition of the motion. (Code of Civ. Proc. S 437c, subd. Further, objections must be to evidence. Except for Objection No. 1, Plaintiff improperly objects to the undisputed Material F...