Excerpt: ...ntage of the CCP 474 Dæ amendment procedure where the plaintiff is ignorant of the defendant's actual identity or the facts that give rise to liability against that defendant. (McOwen v. Grossman 153 Cal.App.4th 937, 942-943.) Plaintiff filed this action on October 16, 2020 but learned of the facts creating liability against defendant afterwards. (Leeds Decl., 3-4; Mish Decl., Ex. B, Werner Decl., 3.) Plaintiff could have discovered the informat...

Excerpt: ...RULING PART 2 OF on the Discovery calendar for Friday, July 21, 2023, Line 3, (specially set to be heard at 1:30 pm. by Jude Pro Tem Scott aorrowman) PLAINTIFFS PEBBLEBROOK HOTEL, LP, PEBBLE8ROOK HOTEL TRUST, SERENITY NOW, LP, A DELAWARE LIMITED PARTNERSHIP, LET IT FLHO, LR A DELAWARE LIMITED PARTNERSHIP, GEARY DARLING, LP. A DELAWARE IMITED PARTNERSHIP, SF TREAT, LP, A DELWARE LIMITED PARTNERSHIP'S MOTION TO COMPEL FURTHER RESPONSES TO FORM INTE...

Excerpt: ...er Re Depositions Of Mydatt Employees Jeffrey Knipmeyer And Fred Anderson And Request For Monetary Sanctions Pro Tem Judge Robert Kane, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all par...

Excerpt: ...person arising from any act of that person in furtherance of the person Is right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim." (CINIe of Civ. Proc. S 425.16(b)(1).) The Court consid...

Excerpt: ...is interest in real property through undue influence, seek restitution and a constructve trust on the profits Defendants allegedly made as a result, add a cause of action for breach of fiduciary duty, and remove the intentional infliction of distress claim in the original Complaint. Defendants object to amendment because they argue that the issues here are res judicata, that the causes of action are barred by the statute of limitations and do not...

Excerpt: ...e CCP S 1094.5 and Vehicle Code Section S 13559 to Set Aside Suspension of Driving Privilege — DUI with Refusal of Chemical Test (Petition), March 2, 2023, Exh. A (CHP Form DS 367); Exh. E (CHP Form 202, Investigative Pettoner later pled guilty to driving in violation of California Vehicle Code, S 23152, subd. (b), which provides, in pertinent part, that "[i]t is unlawful for a #rson who has 0.08 #rcent or more, by weight, of alcohol in his or ...

Excerpt: ...gh its "mistake, inadvertence, surprise, or excusable neglect" on "any terms as may be just." Cal. Code Civ. Proc., S 473, subd. (b). The moving party must show that the act or omission resulting in the default is one that a reasonably prudent person might have committed under similar circumstances. Renteria v. Juvenile Justice, Dept. of Corrections & Rehabilitation (20436) 135 Cal.App.4th 903, 910. In addition, the party must show that the moton...

Excerpt: ...filed on April 6, 2023, is GRANTED-IN-PART and DENIED-IN-PART. Background. The Court's June 6, 2023 Order, which continued the hearing on this Motion to July 18, 2023, described the background of this case and this Motion at length, which the Court will not repeat here. The June 6, 2023 Order requested that Plaintiffs identify, out of the 48 RFPs initially raised by this Motion, the 20 RFPs that are most important to Plaintiffs' case. Following t...

Excerpt: ...of a residential property to Plaintiffs Jose Gonzalez and Faviola Gonzalez. Plaintiffs allege that the property contained construction defects. The first through fourth causes of action (breach of contract, breach of express warranw, breach of implied warranty, and breach of implied covenant of good faith) all depend on the allegation that Defendants Scott Duong and Leanne Duong were owners and sellers of the Subject Property. These claims fail t...

Excerpt: ... As to the First, Second, and Third Causes of Action (libel, libel per se, and "false light"), the Motion is GRANTED-IN-PART AND DENIED-INPART. Each of these first three causes of action appears to be based on multiple Yelp postings (postings that Defendant Liu made on Plaintiff Watters' Yelp page). Some of these postings can potentially form the basis for liability; others cannot. The Court declines to strike any of the first three causes of act...

Excerpt: ...g a court record under CRC Rule 2.550(d). The Court finds: (1) there exists an overriding interest that overcomes the right of public access to the record; (2) the overriding interest supports sealing the record; (3) a substantial probability exists that the overriding 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. ...

Excerpt: ...LC ("Urban") and Evan Haskell demur to the Second Amended Complaint's First and Second Causes of Action generally, on the basis that it does not state facts sufficient to constitute a cause of achon against Haskell, and specially, on the bases of misjoinder and uncertainty. (See Code of Civ. Pru., S 430.10, subds. They also demur generally to the Second Cause of Action, on the basis that it is superfluous. They also demur specially to the entire ...

Excerpt: ... failed to serve the Notice prior to its filing, as required by Cal. Code Civ. Proc., S 405.22. Defendants assert that Plaintiff "filed a notice of the lis pendens action with the court without giving any notce to Defendants." MPA, at p. 4. Accordingly, Defendants assert that the Notice is wid and invalid pursuant to Cal. Code Civ. Proc., S 405.23. In response, Plaintiff contends that the Notice concerns a mobile home, which is not real property,...

Excerpt: ...counts therein. A. Legal Standard on Summary Judgment and Adjudication "A party may move for summary judgment in an action or proceeding if it is contended that the achon has no merit or that there is no defense to the action or proceedng." Cal. Code Civ. Proc., S 437c, subd. (a)(l). A party may also simultaneously move for summary adjudication as to individual causes of action as an alternative to summary judgment. ld., at subd. (f). A cause of ...

Excerpt: ...e a First Amended Complaint with the stricken allegations removed no later than ten (10) days after service of written notice of this order. Defendants Dennis Stiles' and Daniel Johnson's Requests for Judicial Notice is DENIED. Stiles and Johnson here specially move to strike from the Complaint its fourth cause of action for injunctive relief, pursuant to Code of Civil Procedure section 425.15. A. Legal Standard on Ant-SLAPP Special Motion to Str...

Excerpt: ...the attached RISC lack merit Plaintiff's 6-23-23 Objections to portions of the 4- 12-23 Ameripour Declaration, in which Plaintiff objects to the Court considering the attached "Retail Installment Sales Contract" (RISC) , are OVERRULED. Plaintiff's related "Motion to Strike" is also DENIED. Plaintiff objects to the attached RISC on the following grounds: "lack of foundation, lack of authentication, lack of personal knowledge, inadmissible hearsay ...

Excerpt: ...ure Section 430.10(e), and OVERRULED in part, as follows: First COA— Assault SUSTAINED with leave to amend. The elements of a cause of action for assault are: (1) the defendant acted with intent to cause harmful or offensive contact, or threatened to touch the plaintiff in a harmful or offensive manner; (2) the plaintiff reasonably believed he was about to be touched in a harmful or offensive manner or it reasonably appeared to the plaintiff th...

Excerpt: ...y the statute of frauds; (2) the causes of action for transfer and title of property are barred by the statute of limitations; and (3) the activity on which Stiles' and Johnson's liability is based is protected by the ant-SLAPP statute. Though Stiles' and Johnson's memorandum of points and authorities also included a discussion of the standards governing proceedings for civil harassment restraining orders, the Notice of Demurrer and Demurrer make...

Excerpt: ...xists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substan
Ÿal probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restric
Ÿve means exist to achieve the overriding interest. Cal. Rules of Court, rule 2.550(d); NBC Subsidiary, Inc. v. Super. C...

Excerpt: ...udes a mediation clause, courts generally do not order/compel parties to attend, and pay for, private mediations, because mediations are inherently voluntary. See Jeld-Wen, Inc. v. Superior Court (2007) 146 Cal.App.4th 536, 540, explaining: Mediation is defined as a process in which a neutral person or persons facilitate communication between the disputants to assist them in reaching a mutually acceptable agreement During this process, a neutral ...

Excerpt: ...ion of plaintiffs' total recovery and the settlor's proportionate liability, (2) the amount paid in settlement, (3) the allocation of settlement proceeds amongst plaintiffs, (4) financial conditions and insurance policy limits of settling defendants, as well as (5) the existence of collusion, fraud, or tortious conduct aimed to injure the interests of non-settling defendants, and (6) a recognition that a settlor should pay less in settlement than...

Excerpt: ...OA — Fraudulent Inducement Defendants demur to Plaintiff's first cause of action for fraudulent inducement on the grounds that "there are no allegations identifying any 'material fact' that either Mr. Fleming or Mr. Nanduri concealed during the hiring process." (MPA, p.5.) The Court agrees with Defendants. Plaintiff alleges that she was "promised her job security, a reasonable share of Onc.Al, and a proper salary," and that Defendants represent...

Excerpt: ...Sanctions is ruled on as follows: (1) The Motion to Requests for Production ("RFP") Nos. 1, 2, 7, 22, 24, 29, 34, 36, 38-40, 68, 70, 71, 76, 77, 79, 81, 83, 92, and 97 is GRANTED. The dispute regarding these RFP pertains to a 9/1/15 Plan Set that Plaintiff contends Suffolk deleted from Procore Technologies, Inc. ("Procore") and failed to produce in response to these RFP. Suffolk asserted objections to these RFP, but then notwithstanding those obj...

Excerpt: ...very Order is GRANTED IN PART and DENIED IN PART for the reasons set forth below. Defendants Jason Ertola and Brittany Ertola are ordered to provide responses without objections to Plaintiff Mark Benson's March 27, 2023 Form Interrogatories no later than three (3) days after service of written notice of this order. Defendants Jason Ertola and Brittany Ertola are also ordered to pay, jointly and severally, Plaintiff Mark Benson's reasonable expens...

Excerpt: ...of action." Code Civ. Proc. Sect. 430.10(c); see Michael Liberty's 5-2-23 Second Amended Complaint (SAC) in the earlier-filed case, Case No. 21ClV04741, captioned Michael Liberty v. Bank of the West. Accordingly, Mr. Liberty's FACC in this case is HEREBY ABATED/STAYED, pending resolution of Liberty's claims against Hillhouse in Case No. 21CIV04741. Sect. 430.10(c) prov-des for demurrer, and for abatement of the laterfiled action, where "there is ...