Excerpt: ...of Plaintiffs Opposition, filed untimely on May 1, 2023, have not been considered. While the Opposition indicates that the parties have agreed to a continuance of this hearing, no justification has been provided for the late-filed Opposition, and a continuance is not conducive to the Court's impacted calendar. Defendants' Demurrer is OVERRULED. Plaintiff's Complaint is based upon a Three-Day Notice to Quit, which states that Defendants permitted ...

Excerpt: ...apers prove each element of the causes of action, and the opposing papers fail to raise a triable issue of material fact as to any element of either cause of action or as to any affirmative defense. l. OBJECTIONS has asserted 37 pages of 52 objections to various matters, most of which are innocuous, having no bearing on the issues. On the subject of "inconsequential written evidentiary objections, without focusing on those that are critical," the...

Excerpt: ...ectronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit or letter and briefly describe the exhibit"); San Mateo County Superior Court Local Rule 3.3 (same).) "Rules of Court have the force of law and are as binding as procedural statutes as long as they are not inconsistent with statutory or constitutional law." (R.R. v. Superior Court (2009) 180 Cal.App.4th 185, 205.) Plaintiff's Opposin...

Excerpt: ...efendant has not attached the subject document for the Court's review. CRC 1306(c). However, the referenced document is not necessary for the Court to grant the Motion to Quash. Background. This is an insurance subrogation case. Defendant Norwood moves to quash service of the Summons and Complaint, arguing he was improperly served. According to Plaintiff's Proof of Service (POSI filed 1-10-23, on 12-27-22, pursuant to Code Civ. Proc. Sect. 415.20...

Excerpt: ...nt and claims asserted in Defendant Ying (Cathy) Xue and ICEC, Inc.'s ("Xue") 12-8- 20 Cross-complaint, is GRANTED. Code Civ. Proc. Sect. 437c. EAC's alternative Motion for Summary Adjudication is therefore DENIED AS MOOT. Request for Judicial Notice. plaintiff/Cross-Defendant EAC's 1- 26-20 Request for Judicial Notice is GRANTED as to the referenced documents that were either filed with or issued by the Court (Evid. Code Sect. 452(d)), and GRANT...

Excerpt: ... City's Beach Front Boulevard right-of-way adjacent to Plaintiff's property. According to Plaintiff, during the construction, Shimmick graded a dirt roadway along the side of the levee and built a fence near the roadway. Plaintiff claims that Shimmick is using the roadway to store constructon materials for the levee project, and that both the fence and the roadway are on Plaintiff's property. Plaintiff refers to this alleged encroachment as "Tres...

Excerpt: ...f written notce of this order. Plaintiff's Request for Judicial Notice is GRANTED. Defendants demur to the First Amended Complaint's two contract claims generally, on the basis that neither states facts sufficient to consttute a cause of action, and specially, on the bases that Haskell is not a proper party and that the counts are uncertain. (See Code of Civ. Proc., S 430.10, subds. (d)—(f).) hey also generally demur to the First Amended Compla...

Excerpt: ...). A. Legal Standard for Judgment on the Pleadings A defendant may move for judgment on the pleadings on the grounds that "the complaint does not state facts sufficient to constitute a cause of action against that defendant." Code Civ. Proc., S 438, subd. (c). "The grounds for motion provided for in this section shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice." ld., at ...

Excerpt: ...laintiffs' Judicial Council form FAC alleges that six causes of action are attached at item 10: (1) Motor Vehicle, (2) General Negligence, (3) Intentional Tort, (4) Fraud, (5) Breach of Contract, and (6) Extortion. However, there is only one attachment, which is entitled "NEW DISCOVERY AMENDMENT TO COMPLAINT FOR AUTO FRAUD, BREACH OF CONTRACT, DISCRIMINATION & INTENTIONAL & INFLICTED EMOTIONAL DISTRESS," which appears to intend to name four cause...

Excerpt: ...nd the Court of Appeals' award of costs of appeal, Plaintiff seeks its attorney's fees and costs incurred in the proceedings relating to Defendant's unsuccessful Motion to Enforce Settlement Agreement and Defendant's unsuccessful appeal of that ruling. Plaintiff seeks an award of $21,318.50 in attorney fees, representing a total of 97 hours expended in connection with Defendants' Motion and the subsequent appeal, and $2,588.17 in costs. Salassi D...

Excerpt: ...Make Increase Deposit to $2,000,000 is GRANTED pursuant to Cal. Code of Civ. Proc. 51255.030. The Court previously ruled that Defendant's original Motion for Order Increasing Amount of Deposit of Probable Compensation and Commanding Plaintiff to Increase Deposit to $2 million pursuant to Code of Civil Procedure Section 1255.030 was denied without prejudice for failure to present the factual details required by subsection (a) regarding valuation. ...

Excerpt: .... 1—6, 10, 12—13, 16, 18, 19, 21—23. Defendant's Evidentiary Objections are DENIED. As a preliminary matter, Defendant's separate statement in opposition does not comply with California Rules of Court. Rule 3.1350(f)(2) that requires that, when a material fact is disputed, the evidence supporting the position that the fact is controverted must be described and cited to. In addition, Defendant has not properly bookmarked his exhibits, in vio...

Excerpt: ...sy copy of the filed documents, including a nicely tabbed file for the Request for Judicial Notice, counsel for Defendants is directed to comply with California Rules of Court and Local Rules of Court regarding electronically filed documents. Specifically, exhibits must be bookmarked. California Rule of Court 3.1110(f)(4) ("electronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles ...

Excerpt: ...s that Defendant claims are the result of mistake, inadvertence, surprise or excusable neglect. First, Defendant claims that the amended memorandum filed on February 1, 2023 exceeded the 15-page limit under California Rules of Court Rule 3.1113(d) because Defendant's counsel did not understand the Court's January 23, 2023 Order since it contained a typographical error referring to "CRC 3.113" instead of "CRC 3.1113." Defendant's counsel further c...

Excerpt: ...nment Code S 946.6. That statute provides, in pertinent part, as follows: (c) The court shall relieve the petitioner from the requirements of Section 945.4 the court finds that the application to the board under Section 911.4 was made within a reasonable time not to exceed that specified in subdivision (b) of Section 911.4 and was denied or deemed denied pursuant to Section 911.6 and that one or more of the following is applicable: (1) The failur...

Excerpt: ...ation set forth in bold below. The Court finds the settlement to be within the range of reasonableness of a settlement that ultimately could be granted approval by this Court at the final fairness hearing. Plaintiff's counsel is experienced in class litigation, the case was vigorously contested by Defendant and its experienced counsel, the parties engaged in discovery and Plaintiffs' counsel hired a damage expert, the settlement was reached after...

Excerpt: ...ral Rules of Venue for Contract Actions As applied to this action, Code of Civil Procedure Section 395 provides two alternative bases for venue: Defendant's residence and the place where the contract was entered into or to be performed. (Cal. Code Civ. Proc., S 395, subd. (a).) Based on the facts of this case, venue based on the contract does not apply. 8. Section 395 Does Not Apply to this Case By the express language of Section 395, the locatio...

Excerpt: ...contends that the issues raised by his Motion have been resolved in part by the production of documents on November 8 and November 29, 2022, but that the issues of a privilege log and of sanctions have not been resolved. (See Reply, at p. 2:3-15.) Defendant's request for an order compelling production of any documents is now moot, as Defendant agrees that the documents were produced after the filing of the Motion. Defense counsel has sought a pri...

Excerpt: ...otection Act of 2019 (TPA). According to Defendant, "Although [the Thirty Day Notice to Terminate) purported to state 30 days' notice to tenants, it did not state the 'no fault — just cause' basis, which is critical for determining (at present and in hindsight) whether the TPA has been complied with." (MPA iso Demurrer, at p. 3.) In response, Plaintiff claims that the TPA does not apply because "The Complaint alleges that the lease at issue her...

Excerpt: ...ction Act of 2019 (TPA). According to Defendant, "Although [the Thirty Day Notice to Terminate) purported to state 30 days' notice to tenants, it did not state the 'no fault — just cause' basis, which is critical for determining (at present and in hindsight) whether the TPA has been complied with." (MPA iso Demurrer, at p. 3.) In response, Plaintiff claims that the TPA does not apply because "The Complaint alleges that the lease at issue here i...

Excerpt: ...) entered between Plaintiff and Boardwalk Nissan on grounds that Plaintiff should be equitably estopped from refusing to arbitrate his claims against Defendant. The arbitration provision —to which Defendant is not a signatory— states, in pertinent part, as follows: Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision and the arbitrability of the claim or di...

Excerpt: ...o arbitration all claims raised in the Complaint. This achon is STAYED pending resolution of the arbitration proceedings. Defendants seek to compel the submission of Plaintiff's claims to arbitration pursuant to an agreement (the "Arbitration Agreement") entitled "Brooksdale Dispute Resolution Policy" and allegedly signed by Plaintiff. (See Jan. 20, 2023 Declaration of Audrey Withers ("Withers Decl."), 5, exh. A ("Arb. Agmt.").) Plaintiff makes s...

Excerpt: ...d the gift card. The argument lacks merit. Plaintiff alleges that he read Nordstrom's representations about how secure the gift cards are. (9AC Para. 15.) Plaintiff alleges that in reliance on those statements, he asked Mr. Devorkin to buy him a Nordstrom gift card for his 50th birthday. (ld. Para. 18.) Mr. Devorkin did so. Under the liberal pleading standard for demurrers, these allegations are sufficient to allege that Devorkin was acting as Pl...

Excerpt: ... Sect. 1005, subd. Plaintiff is reminded to comply with filing and service deadlines in the future. Defendant Diwa Rachakonda's demurrer to the first cause of action (breach of contract) is SUSTATINED WITH LEAVE TO AMEND. Demurrer to the second cause of action (common count for work, labor, services) is OVERRULED. Plaintiff shall file and serve his First Amended Complaint on or before May 8, 2023. The first cause of action (breach of contract) fa...

Excerpt: ...ctions as follows: Discovery is broad and its purpose is to provide information so that there are no surprises at trial. See Children's Hosp. Central. Cal. v. Blue Cross of Cal. (2014) 225 Cal.App.4th 1260, 1276; Code of Civ. Proc. S 2017.010. One way that parties obtain this information is through contention interrogatories, which are authorized by Code of Civil Procedure section 2030.010(b). On August 16, 20231, twenty months ago, Plaintiffs fi...