Excerpt: ...ion for summary adjudication of issues. As a preliminary matter, the exhibits filed in support of this motion fail to comply with California Rules of Court rule 3.1110(f)(4). All future exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit. Failure to properly bookmark exhibits may result in rejection of the filin...

Excerpt: ...ocedure Section 430.10(e). Counsel for Defendants shall prepare, circulate and submit a proposed Judgment of Dismissal. Each of the complaints in the consolidated achon is based on a 60-day notice and intent for the landlord and his family to move in under the City of East Palo Alto 2010 Rent Stabilization and Just Cause for Eviction Ordinance (the "Just Cause Ordinance"), with each notce stating: ...Landlord is in compliance with Sections 14.04....

Excerpt: ...der it entered, it may do so on its own motion and enter a different order. Here, Plaintiff requests that the Court reconsider its August 6, 2021 Order compelling arbitration and staying this action pending resolution of that arbitration. As Defendant points out, Plaintiff's Motion is not a Motion of the Court, so Section 1008(c) does not grant authority for Plaintiff to bring this Motion. Opp. 2:11-18. Plaintiff acknowledges in their Reply brief...

Excerpt: ...obayo's ("Plaintiff") First Amended Complaint ("FAC") is SUSTAINED as to each asserted cause of acton. Code Civ. Proc. Sect. 430.10(e). Page limit violation. In addition to other violations of the California Rules of Court (CRC), Plaintiff's 53-page Opposition brief exceeds the page limit by about 38 pages. See CRC 3.1113(d) (Opposition briefs limited to 15 pages). The Court has disregarded the portion of Plaintiff's Opposition brief that exceeds...

Excerpt: ...rded to Plaintiff MDIG, the Motion to Tax is DENIED. With respect interest accrued on the judgment, the Court will decide this issue at the Sept. 14, 2023 hearing. Background. In Nov. 2016, the parties entered into a Settlement Agreement, which provided that Defendants/Judgment Debtors South Bay Real Estate Commerce Group, LLC and George Cresson would pay $450,000 to plaintiff/Judgment Creditor Mount Diablo Investment Group (MDIG), per a payment ...

Excerpt: ...poenas of four affiliated persons—Jo Chamberlain, Michael Kimsey, Chris Carneghi, and Kenneth Habeeb—issued by Defendants and Crosscomplainants Thomas J. Gearing and Daniel K. Gearing (collectively "the Gearings") for oral testimony and scheduled for June 12 and 13, 2023. In the alternative, Coastside Land Trust requests a protective order limiting the scope of these depositions. A. Coastside Land Trust Has Standing Both the Notice and Amende...

Excerpt: ...l. CCP S 564.6(a). The individual Plaintiffs and individual Defendants (with Bryan Holmes signing as managing member of FFC Alameda DLP, LLC) all signed a written settlement agreement laying out payments owed by Defendants to the Plaintiffs according to a payment schedule. Ex. A to Decl. of Adam L. Pedersen ("Pedersen Decl."). There is no dispute as to the amount or terms contained in the settlement agreement. Defendants have failed to make payme...

Excerpt: ...n arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that the right to compel arbitration has been waived by the petitioner, or grounds exist for rescissio...

Excerpt: ...to Demurrer" filed May 26, 2023 (11 pages), (2) "Objection to Demurrer Amendment" filed June 5, 2023 (3 pages), and (3) "Defendants Demurrer Action and Plaintiff's Points and Authorities" filed June 5, 2023 (10 pages). "Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages." (Cal. Rules of Court ("CRC") Rule 3.1113(d).) All three documents together therefore violate the page limits pe...

Excerpt: ... without leave. A. 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 achon under any legal theory, as a matter of law. (New Livable Cal. v. Association of Bay Area Gov'ts (2020) 59 cal.App.5th 709, 714-715; Genis v. schainbaum (2021) 66 cal.App.5th 1007, 1014.) The demurrer may be made to the entre complaint or to any of the ca...

Excerpt: ...2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 1, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 1, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON JULY 25, 2023. Defendants James Kochman's and Terrie Kochman's Demurrer to Plaintiff Tellus App, Inc.'s Complaint is OVERRULED. Defendants shall serve an answer within five calendar days of notice of entry of o...

Excerpt: ...3. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 1, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 1, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON JULY 25, 2023. Plaintiff's Notice of Motion incorrectly states that the hearing will be held at the Court's Redwood City address, rather than the correct address for Department 4 of the Central Courthouse, 800 N H...

Excerpt: ...TMENT FOUR AND ALL OTHER PARTIES BY 4:00 P.M. ON MONDAY, JULY 24, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 1, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 1, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON JULY 25, 2023. PLAINTIFF HAS CONTESTED THE TENTATIVE The Motion of Defendant Sutter Bay Hospitals ("Sutter") to Compel Arbitration and to Stay t...

Excerpt: ...IED. Plaintiff's request for sanctions is also DENIED. Defendant seeks Plaintiff's medical/psychological records, which are personal records as defined in Code of Civil Procedure section 1985.3(a)(1). Giang Decl„ 98. A Notice to Consumer dated May 27, 2022 was included with the subpoena in compliance with the requirements of Section 1985.3(b), (e) regarding consumer records. ld.; Exh. A. This procedural requirement has therefore been satisfied....

Excerpt: ... active docket on the ground that Defendant Fernanadina Y Quiambao ("Defendant") defaulted in making payments pursuant to the Stipulated Settlement Agreement between the parties. (See D'Anna Decl., and Exh. 1.) Plaintiff seeks to set aside the Notice of Settlement under Code of Civil Procedure secton 473(b). Plaintiff contends that the Notice of Settlement was filed due to the mistake, surprise, inadvertence and/or neglect of Plaintiff's counsel ...

Excerpt: ...IED. Plaintiff's request for sanctions is also DENIED. Defendant seeks Plaintiff's medical/psychological records, which are personal records as defined in Code of Civil Procedure section 1985.3(a)(1). Giang Decl„ 98. A Notice to Consumer dated May 27, 2022 was included with the subpoena in compliance with the requirements of Section 1985.3(b), (e) regarding consumer records. ld.; Exh. A. This procedural requirement has therefore been satisfied....

Excerpt: ...TMENT FOUR AND ALL OTHER PARTIES BY 4:00 P.M. ON MONDAY, JULY 24, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 1, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 1, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON JULY 25, 2023. PLAINTIFF HAS CONTESTED THE TENTATIVE The Motion of Defendant Sutter Bay Hospitals ("Sutter") to Compel Arbitration and to Stay t...

Excerpt: ...3. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 1, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 1, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON JULY 25, 2023. Plaintiff's Notice of Motion incorrectly states that the hearing will be held at the Court's Redwood City address, rather than the correct address for Department 4 of the Central Courthouse, 800 N H...

Excerpt: ... without leave. A. 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 achon under any legal theory, as a matter of law. (New Livable Cal. v. Association of Bay Area Gov'ts (2020) 59 cal.App.5th 709, 714-715; Genis v. schainbaum (2021) 66 cal.App.5th 1007, 1014.) The demurrer may be made to the entre complaint or to any of the ca...

Excerpt: ...nts' request for judicial notice is GRANTED pursuant to Cal. Evidence Code Section 452(c). The Notice of Pendency of Action relating to 15 Salmark Court, Hillsborough, California, APN 038-181-250 ("Property"), recorded on January 20, 2022, in the office of the County Clerk-Recorder of San Mateo County, Document Number R0003203261 is hereby expunged. Cal. Code of Civil Procedure Section 405.20 allows a party to an action who asserts a real propert...

Excerpt: ...arbitration all claims raised in the Complaint. This action is STAYED pending resolution of the arbitration proceedings. Defendant Greystar Management Services, LP ("Greystar") moves here to compel Plaintiff Giovanni Bruschi's claims regarding his former employment with Greystar. The parties do not dispute that a valid arbitration agreement governed by the Federal Arbitration Act (the "FAA") covers at least some of the claims asserted in the Comp...

Excerpt: ...cises its discretion to not rule on Plaintiffs' Objections to the Declaration of Marites Reddy or Defendant's Objections to Exhibits D and H to the Declaration of Vanessa Efremsky (police report and toxicology report). None of the challenged evidence was material to the Court's disposition of the motion. (Code of Civ. Proc. S 437c, subd. (q).) A. Workers' Compensation Is the Sole Remedy for Plaintiffs' Claims. In general, workers' compensation be...

Excerpt: ...is SUSTAINED WITH LEAVE TO AMEND. To state a claim against a public entity, "every fact material to the existence of its statutory liability must be pleaded with particularity." (Lopez v. Southern Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780, 795.) Plaintiffs fail to plead material facts with particularity against CCSF, and instead include the same general allegations against all defendants regarding liability for dangerous condition of public p...

Excerpt: .... Standing Plaintiff has not alleged an interest in the Property. Although he alleges that he attempted to adversely possess the Property, and that he attempted to buy it at public auction, he does not allege that either attempt vested him with an interest, nor do the alleged facts support such a conclusion. A complaint filed by a party who lacks standing is subject to demurrer because it fails to state a cause of action by the particular named p...

Excerpt: ...ge in a good faith interactive process; (6) retaliation for exercising rights under FEHA; (7) retaliation in violation of CFRA; (8) failure to prevent harassment, discrimination, and retaliation; (9) whistleblower retaliation; (10) wrongful termination in violation of public policy; (11) violation of Business and Professions Code S 17200 et seq. After filing their Answer, Defendants demurred to Plaintiff's third cause of action, harassment, on th...