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: ...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...

Excerpt: ...tions, filed April 6, 2023, is CONTINUED-IN-PART (to July 18, 2023), and DENIED-IN-PART. A. Non-compliant briefs 80th parties' Memoranda of Points and Authorities exceed the 15-page limit. Cal. R. Ct., Rule 3.1113(d). See Plaintiff's April 6, 2023 Memorandum (23 pages) and FCA US, LLC's May 10, 2023 Opposition brief (18 pages). Plaintiffs' non-compliant Memorandum is accompanied by a 100+ page Separate Statement, and a 485-page supporting declara...

Excerpt: ...DERS evidence sanctions and monetary sanctions, as set forth below. A. Terminating Sanctions Plaintiff failed to respond to form interrogatories, special interrogatories, and a request for production of documents. Following an informal discovery conference, the Court ordered Plaintiff to respond to all three sets of discovery. Plaintiff eventually provided responses to the form and special interrogatories, but not the document requests. The Court...

Excerpt: ...indicating that Geico committed acts that "were the legal (proximate) cause of injuries and damages to plaintiff." Complaint, 'l MV-I. The Court agrees. Because there are no facts to indicate that Plaintiff's injuries were caused by Geico, Plaintiff cannot state a cause of achon for negligence against Geico resulting from the alleged motor vehicle accident. Geico further asserts that a direct action against an insurer is not allowable until after...

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: ...hnson and Rose Johnson shall file a second amended complaint no later than ten (10) days after service of written notice of this order. Defendants Compass California II, Inc. ("Compass") and Joe Velasco demur to the tenth cause of action for fraudulent concealment set forth in Plaintiffs Dennis Johnson's and Rose Johnson's First Amended Complaint (the "FAC")— pursuant to Code of Civil Procedure section 430.10, subdivision on the grounds that it...

Excerpt: ...or "Creditor's Claim Deemed Rejected." (SAC 33-43.) The SAC states that Plaintiff previously filed a creditor's claim in the related pending probate action, Estate of Omid Tabatabai, San Mateo Superior Court Case No. 22PRO[n832 ("probate action"). (SAC '134.) The SAC alleges that Defendants failed to take action on the creditor's claim, and therefore Plaintiff exercises its option to deem the creditor's claim as rejected. (SAC 38-42.) Since a cre...

Excerpt: ...urchased the vehicle. Richards's purchase was financed, creating a lien immediately upon the sale. Defendants towed the vehicle pursuant to Vehicle Code section 22651, resulting in an immediate lien "for caring for and keeping the vehicle safe." (Veh. Code S 22851, subd. (a)(l).) Plaintiff's lien is superior to Defendants' lien, having been created and having attached first. The owner of a vehicle towed pursuant to Section 22651 has a right to re...

Excerpt: ...Nicole Santacroce reached a settlement agreement with the moving defendants following negotiations with arbitrator and mediator David Hamerslough wherein Defendants are to pay Plaintiffs in exchange for a dismissal with prejudice as to Lurline Assets Group, LLC and Oscar Lito Jaojoco and a release of all claims, including a waiver of Civil Code Secton 1542, with each party agreeing to pay its own attorneys' fees and costs. A determination that th...

Excerpt: ...e of Action, titled unlawful Eviction, is based on Plaintiff's car being towed, which Plaintiff alleges constituted placing Plaintiff in a "state created danger" under the Due Process Clause of the 14th Amendment to the United States Constituton. (42 U.S.C. S 1983.) The First Cause of Action fails to state a legally cognizable claim for two reasons: 1. A local government entity, such as Defendant County Sheriff's Office, "may not be sued under Se...

Excerpt: ...nce's Shellfish Company, Inc. shall file its answer to the Complaint no later than ten (10) days after service of written notice of entry of this order. Defendant Vince's Shellfish Company, Inc. ("VS Co.") demurs to Plaintiffs Anna Marie Loftus', Rosanna Wieland's, and Jeanette Mary Wild's (hereafter collectively "Plaintiffs") Complaint—pursuant to Code of Civil Procedure, section 430.10, subdivision (e)—on the grounds that it fails to allege...

Excerpt: ... is GRANTED in its entirety. (Evid. Code Sect. 452). As to documents filed in court, the Court takes judicial notce of their contents and filing dates, but does not take judicial notice of the truth of statements or allegations in the documents. Page limits. The City's Memorandum of Points & Authorities exceeds the CRC-imposed page limit. Counsel for the City will be expected to comply with all page limits going forward. In its discretion, the Co...

Excerpt: ... days after service of written notice of this order. Silvia Revolorio, Elmer Lopez, and Cristofer Lopez (hereafter collectively "Defendants") demur to the Complaint, pursuant to Code of Civil Procedure section 430.10, subdivision (e), contending that the notice to pay rent or quit served to Defendants (the "Notice") was required to indicate that payment of the overdue rent could be made by mail rather than simply by personal delivery. (See Apr. 1...

Excerpt: ...controversy, the Court shall order the petitioner and the respondent to arbitrate the controversy it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waved by the petitioner; or (b) Grounds exist for the revocation of the agreement; or (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, ...

Excerpt: ...s rule. The economic loss rule provides that a plaintiff may not recover purely economic damages for tort claims. See Jimenez v. Superior Court, (2002) 29 Cal.4th 473. The component exception to the economic loss rule states that the rule "does not necessarily bar recovery in tort for damage that a defective product (e.g., a window) causes to other portions of a larger product (e.g., a house) into which the former has been incorporated." ld. at 4...

Excerpt: ...mmary Adjudication is DENIED as to Plaintiff's remaining claims for the reasons set forth below. Statute of Limitations —Relation Back Doctrine Defendant contends, first, that Plaintiff's causes of action are time-barred by the applicable statutes of limitations. Defendant cites Scherer v. Mark (1976) 64 Cal. App 3d 834, 842 for the rule that "Where no effort has been made to allege a cause of action against a fictitiously named Doe defendant, ...

Excerpt: ...t 2022 through November 2022 relating to the Conservation of [Respondent) California Insurance Company (CIC) (Motion) came for hearing before this Court on June 1, 2023, at 2:00 p.m. All parties appeared through their counsel. Having considered all papers filed regarding the Mohon, oral arguments of the parties, any testimony and evidence presented at the hearing, and all other pleadings and papers on file herein, the Court GRANTS the Motion. DIS...

Excerpt: ...andatory dismissal statute Secton 583.310. Code of Civil Procedure Section 583.310 mandates that a civil action be dismissed for failure to prosecute if the case does not start trial within five years of filing: "An action shall be brought to trial within five years after the action is commenced against the defendant." This civil action was dismissed for failure to bring the matter to trial within five years. For the sake of argument, even there ...

Excerpt: ...i and Jackie A. Fagnani, and the defendant is Teiko Inuoe Lewis dba Peninsula Cleaners. First Amended Complaint ("FAC"), 1-3. The Second Settlement Agreement is signed between Fagnani Properties LP, John Fagnani, individually and as Trustee of the John and Jackie Fagnani Family Trust dated August 2, 1999, and Jackie Fagnani, individually and as Trustee of the John and Jackie Fagnani Family Trust dated August 2, 1999, on the one hand, and Teiko In...

Excerpt: ...s of service of written notice of entry of this order. Plaintiffs shall not file any Request for Entry of Default against Bragg or Silicon Valley Real Ventures before that date. California Code of Civil Procedure, section 1054, subd. (a) provides in pertinent part that When an act to be done, as provided in this code, relates to the pleadings in the action, ... , the time allowed therefor, unless otherwise expressly provided, may be extended, upo...

Excerpt: ... order granting Plaintiffs' Special Motion to Strike in part (the "Anti-SLAPP Motion"), pursuant to California Code of Civil Procedure, secton 425.16 subd. Plaintiffs are entitled to an award of reasonable attorneys' fees incurred in connection with that portion of the motion that was granted. Richmond Compassionate Care Collective, Inc. v 7 Stars Holistic Found., (2019) 33 Cal.App.5th 38, 45. The majority of Plaintiffs' fees were incurred in con...

Excerpt: ...f Plaintiff's Complaint as a result of Plaintiffs failure to comply with the Court's November 4, 2023 Order compelling Plaintiff to serve responses to Defendant's Form Interrogatories, Set One, and Demands for Production, Set One, as well as Plaintiff's failure to submit any Case Management Statements ahead of scheduled case management conferences. Defendant's counsel states that "To date, Plaintiff has failed to comply with the Court's Order and...

Excerpt: ...tract is OVERRULED. The Court previously overruled the Demurrer to this claim in the original Complaint. Nevertheless, ARE argues that it may bring a demurrer to this claim once again because IncellDx filed a FAC. (See Carlton v. Dr. Pepper Snapple Group, Inc. (2014) 228 Cal.App.4th 1210- 1211.) While Carlton supports that ARE may bring a demurrer to this claim though, the Court is not persuaded that the breach of contract claim in the FAC necess...

Excerpt: ... SUSTAINED-IN-PART and OVERRULED-IN-PART, as set forth below. Page limits. Going forward, the parties are advised to strictly comply with stated page limits for all briefing. The CRC-imposed page limitations exist to insure brevity; they are not an invitation for parties/their counsel to gain additional pages by transferring large swaths of text into the footnotes. Footnotes should be used sparingly. Meet and confer. The 3-22-23 meet and confer d...