Excerpt: ...d on Janaury 10, 2023, by arbitrator Hon. David A. Garcia is hereby corrected and confirmed, and judgment shall be entered for Iglesia Bautista Hispana Senda de Vida and against First Puritan Church of South San Francisco as follows: First Puritan Church of South San Francisco shall take nothing by its claims. Iglesia Bautista Hispana Senda de Vida shall be allowed the continued use of the premises consistent with its historical use, including th...

Excerpt: ...d City, Courtroom 2]. Any party contesting this tentative ruling is also to give notice to opposing counsel of the correct location of the hearing. CASE SUMMARY On July 8, 2021, Plaintiff Bernardo Zavala-Rosales ("Plaintiff") purchased a 2018 Honda Pilot ("vehicle"). Plaintiff alleges that the vehicle came with express and implied warranties from Defendant, the manufacturer. Plaintiff claims that the vehicle was delivered with serious defects and...

Excerpt: ...thing in the Notice of Demurrer indicates the grounds for demurrer. For purposes of this hearing only, the Court overlooks the procedural defect and rules on the demurrer. Defendant's counsel is directed to comply with California Rules of Court and uycal Rules of Court regarding electronically filed documents. Specifically, exhibits must be (CRC Rule 3.1110(f)(4) ["electronic exhibits must include electronic bookmarks with links to the first page...

Excerpt: ...ode Civ. Proc. Sect. 436; Civ. Code Sect. 3294. Plaintiffs 5-5-23 Request for Judicial Notice is GRANTED. Evid. Code Sect. 452(d). The meet & confer. Code Civ. Proc. Sect. 435.5 states that the party filing a motion to strike shall meet and confer in person or by telephone with the party who filed the pleading ..." It is not enough to merely send correspondence inviting opposing counsel to participate a phone call. The statute contemplates that t...

Excerpt: ...nuary 24, 2023 Declaration of Paul W. Reid' are OVERRULED as to all items. In response to a subpoena, a party or witness may move for an order directing compliance with the subpoena upon certain terms and conditions declared by the court, such as a protective order. (Code of Civ. Proc., S 1987.1, subd. (a), (b).) A court may issue a protective order, "for good cause shown," that protects any person from "unwarranted annoyance, embarrassment, or o...

Excerpt: ...ice of hearing contains an incorrect department and address for the hearing. This case was reassigned for all purposes on March 8, 2023. If contested, the hearing will be held at 2:00 p.m. in Department 3, which is located at 400 County Center, Redwood City, CA 94063, Courtroom 2B. Any party contesting the tentative ruling must give notce to all other parties of the correct department and location of the hearing. (2) Plaintiff's opposition was fi...

Excerpt: ...lany and Majdy Alkablany shall, jointly and severally, pay Defendants Colla & Ray, LLP's, Samuel Charles Ray's, and Luke Robert Garvey's reasonable attorney fees in the total amount of Defendants Colla & Ray, LLP's, Samuel Charles Ray's, and Luke Robert Garvey's Objections to Evidence are SUSTAINED as all items. Defendants Colla & Ray, LLP, Samuel Charles Ray, and Luke Robert Garvey (collectively "Colla & Ray") specially move here to strike the a...

Excerpt: ...hin two years of the sale of the all the subject properties and the time when profits were required to be divided. To the extent that the first parcel was sold more than four years prior to the filing of this lawsuit, it is unclear whether any distribution of profits was triggered, as the Consulting Agreement sets forth a "waterfall" of payments to be made before any profit distribution, and the Court was not provided with sufficient evidence and...

Excerpt: ...USTAINED WITHOUT LEAVE TO AMEND as to the first, second, and seventh causes of action; and OVERRULED as to the third and sixth causes of action for the reasons set forth below. Plaintiffs Kamipeli Finau and Ateliana Finau shall file a second amended complaint no later than ten (10) days after written notice of this order. Defendants New Rez, LLC and The Bank of New York Mellon's Request for Judicial Notice is GRANTED as to the existence of the do...

Excerpt: ...ot plead facts establishing that C&W and/or Pope were negligent or breached any fiduciary duty owed to Plaintiff Cheese Bear, LLC ("Cheese Bear") or April Lee, DDS, MS, Inc. ("Lee," and collectively, Plaintiffs). Plaintiffs' lengthy Complaint includes numerous allegations of concealment and/or misrepresentation by the sellers of the property (that is, the Vorsatz Defendants), but it alleges almost no facts pertaining to these demurring Defendants...

Excerpt: ...2021). The Court GRANTS Defendant's Request for Judicial Notice of Defendant's Exh. A (Complaint), but not for the truth of its contents (Cal. Evid. Code, S 452, subd. (d)(l)); and Exh. C (Judgment). The Court GRANTS Defendant's Request for Judicial Notice of the existence of Exh. B (De Melo Declaration), but DENIES Defendant's Request for Judicial Notice of the contents of Exh. B, with the exception of paragraphs 1-2 thereof, on the ground that ...

Excerpt: ...-complaint, which applies to the First Amended Verified Cross-complaint pursuant to stipulation of the parties, is DENIED. Cross-Defendant's Objections to Evidence are OVERRULED. Cross-Defendant's Evidentiary Objections Cross-Defendant's objections to exhibits submitted by Cross-complainant are substantially premised on the litigation privilege, Cal. Civ. Code, S 47, subd. (b). This privilege "applies to any communication (1) made in judicial or ...

Excerpt: ...der both Buchalter and Jaffer to pay me my share of the said properties as set out in the Operating Agreements." Deft.'s MPA, at p. 5. Defendant's motion, however, is both substantively and procedurally defective. The moton is procedurally defective because it fails to comply with the California Rules of Court relating to the formatting and content of the motion. First, Defendant's moton is single-spaced, in violation of Rule 2.108. Second, Defen...

Excerpt: ...cer. (Complaint at 42; Javer Dec. at '1 4.) In Defendants' conditional non- opposition to Plaintiffs' motion, Defendants do not dispute that Plaintiffs are entitled to a trial preference pursuant to Code Civ. Proc. S 36(a). Accordingly, the Court finds that, pursuant to CCP S 36(a), Plaintiff has demonstrated a substantial interest in this action and that her health is such that a preference is necessary to prevent prejudicing her interest in the...

Excerpt: ... filed on December 20, 2018. A First Amended Complaint was filed on August 17, 2020. Defendant was substituted as Doe Defendant no. 1, and was served with the summons and complaint on September 14, 2022. (Mitrione Decl. 1-2.) A "summons and complaint shall be served upon a defendant within three years after the achon is commenced against the defendant." (Code of Civ. Proc. ("C.C.P.") S 583.210(a).) An action is "commenced" at the time the complai...

Excerpt: ...est for Judicial Notice is GRANTED pursuant to Cal. Evidence Code secton 452(d). In an action is for injury to person or personal property or for death from wrongful act or negligence, the superior court in either the county where the injury occurs or the injury causing death occurs or the county where the defendants, or some of them reside at the commencement of the action, is a proper court for the trial of the action. Cal. Code of Civil Proced...

Excerpt: ... three payment options in accordance with Code of Civil Procedure section 1161(2). The Court agrees with Defendant. Pursuant to CCP S 1161(2), a three-day notice must provide the following information relating to how payment may be made: (1) "the amount that is due, the name, telephone number, and address of the person to whom the rent payment shall be made, and, if payment may be made personally, the usual days and hours that person will be avai...

Excerpt: ... does not state that non-renewal of lease will render termination of the tenancy. The notice should have given the opportunity to cure. This did not happen because the notce was to quit without the opportunity to perform." The argument lacks merit. The Notce expressly states that rent was not paid by February 1, 2023, and it sets forth explicit instructions on how and where to pay the delinquent rent. The Notice is sufficient. Defendant's argumen...

Excerpt: ...in of Bell's/Galisha's Cross-claims as Moot," filed 2-27-23, are DENIED. DFS' Requests for Judicial Notice, filed 2-27-23, are GRANTED. Evid. Code Sect. 452(d). Background. In these consolidated cases (19ClV07192 and 19ClV0794), plaintiff/Cross-Defendant DFS has sued two former employees, Roxanne Bell and Diosdado Galisha, for trade secret misappropriation and breach of contract. DFS' breach of contract claims against both Bell and Galisha allege...

Excerpt: ...nd 576. The Court, in its discre
Ÿon, has proceeded to the merits of the Mo
Ÿon despite the moving par
Ÿes' ini
Ÿal failure to comply with Cal. Rules of Court, rule 3.1324(a) and (b). The Zakaria Decl. in support of the Reply provides the required informa
Ÿon. Bank of America (“BOA”) argues that because it is not being added as a Doe Defendant, the rela
Ÿon back doctrine does not operate to circumvent the statutes of limita
Ÿons that a...

Excerpt: ...chester's Personnel Records is GRANTED IN PART for the reasons set forth below. San Mateo Police Department shall produce the documents in Noah Winchester's personnel records as identified below for in camera review in Department 21 on a date to be set on June 9th. Plaintiffs are ordered to produce the information in the possession of their counsel derived from Noah Winchester's personnel records for in camera review in Department 21 on a date to...

Excerpt: ...). Cross-complainant's Request for Judicial Notice is DENIED. To the extent Cross-complainant seeks to rely on the substance of the Contractors State License Board License Exam Study Guide, the material constitutes hearsay for which no exception has been identified. The document is not relevant to the proceeding without relying on its contents. Cross-Defendant's objections to this request are therefore sustained. Cross-complainant has a C-23 Orna...

Excerpt: ... probable validity of the claim, (3) the attachment is not sought for any purpose other than to secure recovery on the claim, and (4) the amount to be secured is greater than zero. CCP S 484.090. Except as otherwise provided by statute, a claim is one upon which an attachment may be issued: (1) in an achon on a claim or claims for money, (2) based upon a contract, express or implied, and (3) where the total amount of the claim or claims is a fixe...

Excerpt: ...Anthony J. Martinez ("Mr. Martinez") is to bring a copy of all Operating Agreements to the hearing. 2. Who are the "current lien holders" to whom Mr. Martinez stated in his May 17, 2023 email to Plaintiff's counsel that he would deed cwer the property? See Domingue Decl., Exh. B. 3. What are the terms of any loans from the lien holders or the basis of any liens? 4. What is the current valuation of the property, and what is the current amount owed...

Excerpt: ...tiff and Cross-defendant Puja Gupta ("Gupta") no later than thirty (30) days after service of written notce of this order. De Martini's Request for Judicial Notice is GRANTED as to exhibits A—I as to the existence of the documents as court records but not as to "the truth of matters stated therein." Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal.App.4th 1366, 1375. As a preliminary matter, the Notice of Motion lists the incorrect ad...