Excerpt: ...nants Christopher Campanile's and David Espie's Request for Judicial Notice is GRANTED as to all items. Amiseq moves here to dismiss Cross - complainants' operative cross -complaint for a failure to serve process within three years. A summons and complaint must be served within thr ee years after the action is commenced, and the proof thereof must be filed within sixty days thereafter. (CCP §583.210.) When service has not been made within this ...

Excerpt: ...the Court notes that although both Plaintiffs bring the present Motion to Compel (see 1 -12- 24 Notice of Motion [Plaintiffs Leonidas and Nestor Quezada will move this Court … for an Order compelling Defendant Jing Yuan to provide further response …]), Plaintiff Nestor Quezada did not serve the subject Special Interrogatories, and therefore has no standing to bring this Motion. This is noteworthy given Plaintiffs' repeated argument, both duri...

Excerpt: ...olo now moves for s ummary judgment (the “Motion”) pursuant to CCP § 437c as to the only cause of action in the Complaint on grounds that Lawrence is an independent contractor rather than Wonolo's employee, and thus Wonolo cannot be held vicariously liable for her torts. Plaintiff does not oppose the Motion. Only co - defendant Good Eggs opposes the Motion. For the reasons set forth below, the motion is GRANTED. Defendant's request for judic...

Excerpt: .... Code Sect. 329 4.) Defendant's 2-16-24 Request for Judicial Notice is GRANTED. (Evid. Code Sect. 452(d).) Defendant Liao's Motion to Strike the Complaint's request for punitive damages against defendant Liao is GRANTED with leave to amend. (Code Civ. Proc. Sect. 435, 436; Civ. Code Sect. 3294.) To survive a motion to strike, a complaint that seeks punitive damages must allege facts, not conclusions, that could support a finding that the defend...

Excerpt: ...4 hearing of t his Motion will take place in the Redwood City courthouse. Department 28 (Judge Healy) is, in fact, located at Courtroom I, 800 North Humboldt St., San Mateo, California 94401. Background. The following “facts” are taken from the parties' recently filing s, and are intended only to describe the general background of this case and the present Motion. Plaintiff Xin Li and defendant Oded Haner each hold a 50% interest in FC4X Rea...

Excerpt: ...al Notice is GRAN TED. (Evid. Code Sect. 452(d).) Plaintiff's request to “strike” the entirety of CalTrans' Memorandum of Costs is DENIED. Plaintiff seeks to strike, in its entirety, Defendant CalTrans' Memorandum of Costs, filed Jan. 23, 2024, or alternatively, to tax the costs claimed therein. CalTrans' Memorandum of Costs seeks total costs of $15,089.20, consisting of $11,639.20 in deposition costs (subpoenas seeking Plaintiff's medical r...

Excerpt: ...otion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious de fense, it is not only error but an abuse of discretion.” (Morgan v. Superior Court (1959) 172 Cal.App.2d 527, 530.) Plaintiff's motion is timely and in compliance with the ...

Excerpt: ...Judicial Noti ce is GRANTED as to all items. Initially, the court notes that the moving parties have not provided the address for the hearing. Department 4 is located at the Central Courthouse, Courtroom G, 800 North Humboldt St., San Mateo, CA 94401. (See Cal. Rules of Court, rule 3.1110 [the notice “must specify” the location of the hearing].) The moving parties must contact Plaintiffs Nathaniel Basola Sobayo and Elizabeth Basola Shoaga by ...

Excerpt: ...cted free speech under the common interest doctrine set forth in Civil Code § 47(c)(1). The County seeks to strike paragraphs 38 through 43 and 61 through 68 of Plaintiff Steven Heindel's First Amended Complaint. The alleged defamatory statements are contained in paragrap hs 38 through 40 of the First Amended Complaint, which state: 38. Several senior ranking members of the Sheriff's Office have spread rumors that Sergeant Heindel was “walked ...

Excerpt: ...s Complaint asserts six causes of action against her employer, Defendant Visa Technology & Operations LLC (“Visa”), for gender, race, and national origin discrimination and retaliation in violation of California's Fair Employment and Housing Act (“FEHA”). (Govt. Code Sect. 1 2940 et. seq.) The Complaint alleges that at all relevant times, Plaintiff resided and worked in Virginia. (Cmplt., para. 4.) It alleges that “[Visa's] office overs...

Excerpt: .... (“SPS”) and U.S. Bank, N.A. (“US Bank”) (collectively, the “Lender Defendants”) regarding a mortgage loan relating to real property located in Daly City, CA. The Lender Defendants demur to each cause of action in the Complaint. Defendants' Request for Judicial Notice (“RJN”) is GRANTED pursuant to Cal. Evid. Code § 452(c), but only as to their existence and not as to the truth of the factual matters contained therein. For the r...

Excerpt: ...tional distress (“IIED”). Vinogradova demurs here to the second cause of action for IIED on the grounds of uncertainty and a failure to state facts sufficient to state a cause of action. (CCP §430.10(e) –(f).) A. Legal Standard on Demurrer The purpose of a demurrer is to t est the legal sufficiency of the facts alleged in the operative complaint to see whether they state a cause of action under any legal theory, as a matter of law. (New Li...

Excerpt: ...r Responses to Special Interrogatories, Set One, is GRANTED IN PART. Plaintiff seeks to compel further responses from Defendant Ampex Engineering and Construction, Inc. (“Defendant”) to Special Interrogatories nos. 1 through 12, contending that Defendant's supplemental responses are insufficient. Specifically, Plaintiff argues that none of Defendant's objections have merit and the substantive portion of Defendant's supplemental responses are...

Excerpt: ...oss- Defendant”). The original Cross-Com plaint was served on Cross - Defendants on August 14, 2023. On October 12, 2023, Cross -Defendant Stiles timely filed his special motion to strike (“anti -SLAPP motion”) pursuant to CCP §425.16, directed at the tenth cause of action for abuse of process allege d against him in the original Cross -Complaint. After the Court sustained in part and overruled in part Cross -Defendants' separate demurrer...

Excerpt: ... 5 Palms, LLC, an d Natural Software Systems, Inc. Money Purchase Pension Plan (the “Dakota Parties”) have here moved to expunge three lis pendens recorded by Plaintiffs/CrossDefendants/Cross -Complainants Nariman Teymourian, Gail Teymourian, and 2700 Middlefield Road, LLC (the “Teymourian Parties”) against 66 Barry Lane in Atherton (the “Barry Property”). Counsel for both parties is ORDERED TO APPEAR at the hearing on this motion. A...

Excerpt: ...kins' Form I nterrogatories (Sets One and Two), Special Interrogatories (Set One), and Demand for Production (Set One). Defendant served the requests on February 14, 2023 and October 17, 2023. (Declaration of David E. Hunter III in Support of the Motion, ¶¶ 3 -5, 7.) (“Hunter Decl.”) Counsel for Defendant wrote Plaintiff's counsel repeatedly to request verified answers, but to no avail. (Id. at ¶ 6.) After Plaintiff failed to appear at th...

Excerpt: ...tiffs in settlements with other defendants. Plaintiffs are the prevailing party and on January 23, 2024, filed a memorandum of costs, seeking a total of $68,368.87. (Code Civ. Proc., § 1032.) Defendants have filed a motion to tax costs. In their opposition, plaintiffs agreed that certain of their requested costs are not supported and reduced the total requested to $53,066.35. Defendants have argued that $838.48 for “Court -ordered transcript...

Excerpt: ...alifornia Rules of C ourt, rule 2.550. Accordingly, the motion to seal is DENIED WITHOUT PREJUDICE. Specifically, defendant has moved to seal the following documents: • Memorandum of Points and Authorities in Support of Defendant Timothy Logue's Motion for Summary Judgmen t; • Separate Statement of Undisputed Material Facts in Support of Defendant Timothy Logue's Motion for Summary Judgment; • Declaration of Timothy Logue; • Declaration ...

Excerpt: ...rt state d that plaintiff had waived a jury trial by failing to pay the fees, but set a jury trial based on defendants' payment. (Note, however, that the parties represented at paragraph 12 in their joint case management and trial setting conference statement, fil ed on April 7, 2023, that “[a]ll parties have demanded a jury trial on all issues.”) Plaintiff's counsel admits that he did not understand that jury trial fees are due at the time ...

Excerpt: ...as it relates to a motorhome vehicle plaintiffs purchased from defendant. As part of the purchase process, the parties agree there is contained in the agreement of purchase a forum selection and choice -of -law clause providing that exclusive jurisdiction for deciding le gal disputes relating to the warranty shall be within the state or federal courts of Ohio, and that Ohio law will apply. (Declaration of Rick March, Ex. B at page 2.) Defendant n...

Excerpt: ...e court DENIE S the motion for summary judgment. In order to prevail on a motion for summary judgment, the moving party must demonstrate that “there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (C ode Civ. Proc., § 437c, subd. (c).) In this motion, plaintiff has failed to provide any argument concerning the second cause of action for account stated or third cause of acti...

Excerpt: ...��led, defe ndant had not yet made an appearance; thus the motion did not need to be served on defendant. (Code Civ. Proc., § 1014.) Defendant filed an answer on March 1, 2024. Therefore, Liberty shall by 4:00 p.m. on March 18, 2024 provide notice to defendant of this motion and provide the tentative ruling. If defendant wishes to oppose the motion, she has until 10:00 a.m. on March 19, 2024 to notify the court and all parties of her intent to ...

Excerpt: ...hearing. Depa rtment 4 is not located in Redwood City as the notice states, but instead at the Central Courthouse, Courtroom G, 800 North Humboldt St., San Mateo, CA 94401. (See Cal. Rules of Court, Rule 3.1110 [the notice “must specify” the location of the hearing].) A. Legal Standard on Motion to Determine Good Faith Settlement Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co -obligors on a ...

Excerpt: ...s a whole, wi th a view to substantial justice between the parties. (Code Civ. Proc., § 452; Saxer v. Philip Morris Inc. (1975) 54 Cal.App.3d 7, 18.) The demurrer admits the truth of all material facts properly pleaded (i.e., all ultimate facts alleged, but not conten tions, deductions or conclusions of fact or law). (Aubry v. Tri -City Hosp. Dist. (1992) 2 Cal.4th 962, 966- 967.) Courts have repeatedly recognized that where a plaintiff “ "...

Excerpt: ...Superior Court (1991) 230 Cal.App.3d 173.) In order to obtain a writ of possession though, plaintiff must show that he has the right to immediate possession of tangible personal property, and that the property is being wrongfully detained by Defendant. (Code Civ. Proc., § 512.010, subd. (b)(1), (2).) In this case, there is conflicting evidence as to who is Figo's owner. Plaintiff claims that he is Figo's owner. (Plaintiff's Decl., and attached ...