Excerpt: ... Class Action and PAGA Settlement provided the parties address the court's ollowing concerns. The Response Deadline shall be 60- days rom initial mailing or re-mailing and opt out, dispute over workweek calculations, or objections shall be postmarked by this deadline. The proposed Settlement Administrator, Phoenix Settlement Administrators, shall Þle a declaration o its qualiÞcations to administer the settlement. The parties shall select a ...

Excerpt: ...(Lazar v. Superior Court (1996) 12 Cal.4th 631, 638.) Plainti
¯ must plead facts showing how, when, where, to whom, and by what means the alleged representations were made. (Id. at 645.) The Complaint lacks these allegations. As against the First and Second Causes of Action, Defendant argues that paragraph 11 does not constitute actionable fraud. (Mov. P&A at 5:2-5.) The argument is misguided because the fraud claims are not based on Paragraph 1...

Excerpt: ...in part and SUSTAINED in part WITH LEAVE TO AMEND as set forth below. Plainti
¯s Dennis Johnson and Rose Johnson may Þle and serve a Third Amended Complaint no later than January 12, 2024. Aron Construction, Inc. and Navneet Aron (collectively “Aron Defendants”) here demur to the eighth through tenth causes of action in the Second Amended Complaint (the “SAC”). Defendant ADL 7, LLC (“ADL 7”) has joined in the demurrer. Because the a...

Excerpt: ...f the arbitration proceeding. (Code Civ. Proc. Sect. 1281.4.) Defendant Meta's former employee, Plainti
¯ Alina Hunanyan, opposes Meta's request for arbitration, arguing that the parties' Arbitration Agreement is unconscionable, mainly because it severely curtails (or prevents) her ability, in arbitration, to conduct pre-hearing, thirdparty discovery. For the reasons explained below, and without discounting Plainti
¯'s expressed concerns about ...

Excerpt: ...A s a threshold matter, a demurrer can be used only to challenge defects that appear on the face of the pleading under attack, or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) (2) Defendants Demurrer to the Complaint is OVERRULED based on failure to allege facts su
¯icient to support an unlawful detainer action. A demurrer may be brought on the ground that “[t]he pleading does n...

Excerpt: ...lso whether or not sanctions should be imposed at all. The Court thanks counsel for their thorough brieÞng and supplemental brieÞng of these matters. In its initial tentative issued before a hearing on December 4, 2023, this Court concluded that Defendant Martijn Groeneweg (“Groeneweg” or “Defendant”)'s Motion to Compel should be denied on grounds of procedural deÞciency, for a failure to meet and confer prior to Þling the motion. The...

Excerpt: ...— first sentence alleging malice; • 947 — last sentence related to attorney fees; and • Prayer for punitive damages, p. 12, 93 CCP S 436 empowers the court to, upon moton or sua sponte, strike out any irrelevant, false, or improper matter inserted in any pleading, as well as all or any part of the pleading not drawn or filed in conformity with the law, rules of court, or an order of the court. On a motion to strike, the Court construes th...

Excerpt: ... Espie's Motion to Compel Cross-defendant The Chugh Firm, PC's (hereafter "Chugh") Further Responses and Document Production in Connecton with Request for Production of Documents, Set Three, and for Monetary Sanctions is GRANTED in part and DENIED in part. Cross-defendant Chugh shall serve code-compliant further responses as set forth herein no later than February 9, 2024. Upon receipt of responses to requests for production, the propounding part...

Excerpt: ...at least two choices to the Court's Clerk for the Court to choose from. In order to comply with CCP the demurring party shall file and serve with the demurrer a declaration stating either of the follovnng: (A) The means by which the demurring party met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer. (B) That the party who file...

Excerpt: ...n Mateo, WG Hillsdale SH LP, Atria Management Company LLC, Atria Senior Living, Inc., Jennifer Duenas and Kris Waluszko ("Defendants"). Defendants filed a Notice of Appeal of the order and Notice of Stay pending Appeal. The stay was "automatic," resulting from filing the Notice of Appeal. (Code of Civ. Proc. S 916.) On January 1, 2024, amended Section 1294, subdivision (a) of the Code of Civil Procedure became effective. The amendment adds the fo...

Excerpt: ...Civ. Proc. Sect. 430.10(e).) Plaintiffs have not opposed the Demurrer on the merits, essentially conceding that it should be sustained. Plaintiffs' 1-11-23 Opposition to the Demurrer does not dispute the merits. Instead, the Opposition explains that during the parties' meet and confer process, Plaintiffs drafted a proposed Third Amended Complaint ("TAC") that Plaintiffs believe remedies/resolves the claimed deficiencies in the SAC's First and Fou...

Excerpt: ...3.) The sole remaining issues in the action are plaintiffs' claims for declaratory and injunctive relief. In the motion currently pending before the Court, defendant seeks to join her home insurance provider, CSAA Insurance Exchange ("CSAA"), as a party to the action under Code of Civil Procedure, section 379. Defendant contends that joinder is necessary because "[w]ithout adding CSAA as a party in this action, I cannot have an independent attorn...

Excerpt: ...t that location. Parties may appear by Zoom (see Department 28's website). Plaintiff's Motion for Summary Judgment is GRANTED pursuant to Code of Civil Procedure, section 437c. Defendant's objections to plaintiff's evidence are OVERRULED. The objections do not comply with the requirements of California Rules of Court, Rule 3.1354. The Court has nonetheless reviewed the objections in the body of Opposition, and they are overruled on the merits. Co...

Excerpt: ...nding The demurrer to the first through third causes of action for lack of standing is sustained. The first cause of action (negligent misrepresentation) alleges that Cross- defendant made false representations in order to avoid the protections afforded a mortgage loan borrower under Civil Code section 2923.5. (FACC 64.) The second cause of action (negligence) alleges that Crossdefendant violated the Truth in Lending Act, the Real Estate Settleme...

Excerpt: ...r to demonstrate that the arguments that defendants County of San Mateo, Child Protectve Services of San Mateo, and Children and Family Services of County of San Mateo's (collectively County) make apply to them. Defendant County's arguments regarding the Bane Act, however, apply equally to the Navarras. However, the court's own research shows that the Navarras are not in the same position as the County. (Health & Saf. Code, S 1527.6, subd. (d)(l)...

Excerpt: ...on for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired. The rules governing demurrers apply. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) The grounds for a motion for judgment on the pleadings must appear on the face of the challenged pleading and/or be based on facts the court may judicially notice. (Code Civ. Proc. sect. 438(d); Tung v. Chicago Title ...

Excerpt: .... Defendants urban Flat, LLC's and Evan Haskell's Request for Judicial Notice is DENIED as irrelevant. (AL Holding Co. v. O'Brien & Hicks, Inc. (1999) 75 Cal.App.4th 1310, 1313 fn. 2 ["a court must decline to take judicial notice of material that is not relevant"].) A. Legal Standard on Demurrer On a demurrer, the Court must "assume the truth of the facts alleged in the com-plaint and the reasonable inferences that may be drawn from those facts."...

Excerpt: ...art, without leave to amend pursuant to Cal. Code of Civil Procedure Section 430. IO(e) as to the Second COA for Breach of Written Contract and Third COA for Breach of the Covenant of Good Faith and Fair Dealing, and OVERRULED, in part, as to the Tenth COA for Fraudulent Concealment, as follows. Second COA for Breach of Contract SUSTAINED WITHOUT LEAVE TO AMEND. Plaintiffs' allegations of breach of contract against the demurring Defendants hinge ...

Excerpt: ...orceable, a promise need only be "definite enough that a court can determine the scope of the and the limits of performance must be sufficiently defined to provide a rational basis for the assessment of damages." (Broome v. Regents of Univ. of California (2022) 80 Cal.App.5th 375, 389.) Plaintiff argues that alleged promise, on which the claim is based, is based on paragraphs 55 and 57 of the Second Amended Complaint. (Opp. P&A at 4:8-15.) Those ...

Excerpt: ... that Plaintiffs' real property in San Carlos was damaged due to flooding, allegedly caused and exacerbated by the actions of the collective Defendants including Grove. As to Grove, Plaintiffs allege that he engaged in "construction activty in the vicinity of Canyon Vista Avenue in late 2022 and continuing through the month of January 2023. Plaintiffs are informed and believe, and thereon allege that Grove blocked numerous storm drains operated b...

Excerpt: ...dd the conspiracy theory to any remaining independent tort causes of action to which it applies, but not to amend and reallege as a separate, stand-alone cause of action. As an initial matter, the Court simply notes that this cause of action is not asserted against Artichoke Joe's. It is asserted only against individual defendants Annie and Cody Sammut. Artichoke Joe's argues that because Artichoke Joe's is paying for Annie and Cody Sammut's defe...

Excerpt: ...thout leave to amend. While, as Plaintiff points out, California decisions are mixed on whether unjust enrichment can constitute an independent claim or is merely an equitable remedy, the majority of cases hold that "unjust enrichment" does not properly state a cause of action. (Sepanossian v. National Ready Mix Company, Inc. (2023) 97 Cal.App.5th 192; Durell v. Sharp Healthcare (2010) 183 Cal.App.4th 1350, 1370.) As Plaintiff notes, some decisio...

Excerpt: ...On January 1, 2024, amended Section 1294, subdivision (a) of the Code of Civil Procedure became effective. The amendment adds the following: "Notwithstanding Section 916, the perfecting of such an appeal shall not automatically stay any proceedings in the trial court during the pendency of the appeal." On the basis of the amended statute Plaintiffs move to lift the automatic stay. The basis of Defendant's Opposition is that "No part of [the Code ...

Excerpt: ...e Section 452(c). A demurrer to a cause of action for breach of the implied covenant of good faith and fair dealing may be sustained when "the allegations do not go beyond the statement of a mere contract breach and, relying on the same alleged acts, simply seek the same damages or other relief already claimed in a companion contract cause of action." Levy v. Only Cremations for Pets, Inc. (2020) 57 Cal.App.5th 203, 215. In ruling on the Demurrer...

Excerpt: ..., Redwood City, California 94063. Plaintiffs Empire Movers USA, Inc. and its chief executve officer Ruslan Vdovin (collectively "Empire") allege that sometime in early 2022, Empire sought a commercial space from which to conduct fts business and park fts trucks. (June 19, 2023 Complaint, "1 1-2, 10, 12.) Empire entered into a lease (the "Lease") for a space with an attached yard (the "Property") with the assistance of its brokers and agents, defe...

Excerpt: ...greement, and none of the exceptions under Code of Civil Procedure, section 1281.2 exists. Plaintiff opposes the motion on the ground that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA, codified at 9 U.S.C. 402(a)), which amends the Federal Arbitration Act, permits victims of sexual assault or harassment to pursue claims in court even if they are bound by a predispute arbitration agreement. The EFAA does not appl...

Excerpt: ...nse), impracticability (Seventh Affirmative Defense), and frustration of purpose (Sixth Affirmative Defense). The motion is DENIED as to Civil Code, section 1511 (Fourth Affirmative Defense) and force majeure (Fifth Affirmative Defense). Additionally, the Court SUSTAINS defendant's first evidentiary objection, and GRANTS each party's request for judicial notice. The instant dispute arises from a lease for commercial tenancy entered into by the pa...

Excerpt: ...nd she has not opposed the motion. On September 7, 2021, plaintiff, who was then represented by counsel, filed her complaint. On June 27, 2022, her counsel filed a motion to be relieved of counsel based upon the fact he was unable to communicate with her and she had been non- responsive. Plaintiff failed to oppose the motion, which motion the court granted on August 16, 2022. On September 16, 2022, plaintiff's former counsel provided notice of en...

Excerpt: ...n Haskell shall file their answer(s) pursuant to the Code of Civil Procedure and California Rules of Court. The court notes that on October 10, 2023, in ruling on the prior demurrer, the court stated that the action was still classified as an unlawful detainer action and, if plaintiff wanted to reclassify the action because it had possession of the property, it must take action to have the case reclassified. Plaintiff has not moved to reclassify ...

Excerpt: ...rrer, 4:7-18.) In order to prevail on a cause of action for breach of contract, a plaintiff must prove (1) the contract, (2) the plaintiffs performance of the contract or excuse for nonperformance, (3) the defendant's breach, and (4) the resulting damage to the plaintiff( Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186.) Existence of Contract Plaintiff and defendant jointly purchased the property located at 1326 Kentfield Ave, Redwood City, ...

Excerpt: ...judication. One motion is scheduled for January 16, 2024 and one motion is scheduled for January 30, 2024. The court advances the January 30, 2024 moton to January 16, 2024. Defendant has previously brought motions to seal, which the court has granted without objection. Similarly, in these two motions to seal, defendant seeks to seal private information about former and current employees and confidential business information. For the same reason ...

Excerpt: ...dicial notice shall or may be taken." Under Aguilar v. Atlantic Richfield (2001) 25 Cal.4th 826, the party moving for summary judgment has the burden of production to make a prima facie showing that there is no triable issue of any material fact. The burden then shifts to the nonmoving party to make a prima facie showing that there is a triable issue of material fact. Here, there is no opposition, so the moton should be granted if Plaintiff has m...

Excerpt: ...aims. (Code of Civ. Proc. S 581, subd. (b)(l); CRC Rule 3.1390.) B. Changes to Paragraph 15 and Addition of New Paragraph 71. As to new allegations regarding representations on Defendant's website, the proposed changes are the wordings of website representations in Paragraph 15 and the addition of new Paragraph 71. In Paragraph 15, Plaintiff proposes deleting the alleged representation "Your gift card information is secure" and replacing it with ...

Excerpt: ...shall be limited to the addition of only those allegations necessary to cure defects in the third cause of action as discussed below. A. Legal Standard on Demurrer The purpose of a demurrer is to test 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 Livable Cal. v. Association of Bay Area Gov'ts (2020) 59 cal.App.5th 709, 714-715; Gen...

Excerpt: ...ry judgment. However, the proof of service accompanying the motion for summary judgment states that on "September 18, 2023, I served a copy of the foregoing document(s)" by U.S. Mail. The proof of service describes those documents as: Notice and Motion for Judgment on the Pleadings; Memorandum of Points & Authorities in Support Thereof; [Proposed] Order; [Proposed] Judgment. Moreover, the proof of service states that these documents were served o...

Excerpt: ... causes of action for: (1) Breach of Contract; (2) Prospective Interference with Prospective Economic Advantage; (3) Illegal Constructive Eviction; (4) Breach of the Covenant of Good Faith and Fair Dealing; and (5) Conversion. All five causes of action alleged in the Complaint are based on the same factual allegations that plaintiff and defendant Westlake Skyline Plaza, LLC entered into a First Amendment to Lease Agreement and Release of Guaranty...

Excerpt: ...e the Clerk's Judgments and Set a New Trial (motions to vacate). Plaintiffs and third-party California Department of Industrial Relations, Division of Labor Standards Enforcement, Labor Commissioner object. Initially, the court notes that Manalo has provided the improper address for the hearing. Department 4 is not located in Redwood City as the notice states, but instead at the Central Courthouse, Department G, 800 North Humboldt St„ San Mateo...

Excerpt: ...een the parties. (Code of Civ. Proc., S 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 contentions, deductions or conclusions of fact or aw). (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 952, 966-967.) The court grants defendant's request for judicial notice. ((Lockhartv. MVM, Inc. (2009) 175 Cal.App.4th 1452, 1460 [ju...

Excerpt: ...ntral Courthouse, Department 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].) Since defendant is in pro per, plaintiffs are to contact defendant by 4:00 p.m. on January 8, 2024 to provide him with the proper location for the hearing. Zoom appearances are allowed. The court also notes that plaintiff's motion does not comply with the requirements of Calif...

Excerpt: ...8:104, 18:106 (Oct. 2023 update).) On November 30, 2023, defendants timely filed a notice of intention to move for a new trial which lists six grounds for a new trial: "1. Irregularity in the proceedings of the court, jury or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial. 2. Accident or surprise, which ordinary prudence could not have guarded against. 3. Newly discover...

Excerpt: ...ARY 9, 2024 AT 2:00 P.M. RATHER THAN JANUARY 2, 2024. IF THE COURT DOES NOT RECEIVE NOTICE THAT THE TENTATIVE IS CONTESTED, THEN THE TENTATIVE WILL BE ADOPTED AT THE JANUARY S, 2024 HEARING. PLAINTIFF PROVIDED NOTICE THAT HE IS CONTESTING ON JANUARY 1, 2024. The instant action turns on Plaintiff's allegations surrounding a motor vehicle crash and the resultant injuries Plaintiff suffered. Defendant now moves to compel responses to the thirteen re...

Excerpt: ...y Fried shall provide further responses to Special Interrogatories, Set Three, nos. 35, 37, 38 (partial) and 42 and Requests for Production, Set Three, nos. 17, 19, and 22 no later than February 6, 2024. Plaintiff Daniel Jay Fried shall produce all documents responsive to Requests for Production, Set Three, nos. 17, 19, and 22 no later than February 6, 2024. As a preliminary matter, this motion was previously set to be heard on December 19, 2023....

Excerpt: ...of service of the Order Shortening Time ("OST") as ordered. However, Defendants filed a substantive opposition, and do not raise any issue regarding Plaintiff's failure to serve the OST. Therefore, it appears Defendants received adequate notice of this Motion and the OST. Plaintiff is reminded to comply with such service requirements in the future or else the Court may be inclined to deny the Motion for failure to establish proper service. "The c...

Excerpt: ...ES BY 4:00 P.M. ON FRIDAY, DECEMBER 29, 2023, BUT THE ORAL ARGUMENT WILL BE JANUARY S, 2024 AT 2:00 P.M. RATHER THAN JANUARY 2, 2024. IF THE COURT DOES NOT RECEIVE NOTICE THAT THE TENTATIVE IS CONTESTED, THEN THE TENTATIVE WILL BE ADOPTED AT THE JANUARY 9, 2024 HEARING. The Motion of Plaintiffs/cross- Defendants Thomas Robert arouchoud and Lynda Elaine Flores arouchoud, Trustees of the Thomas Robert Brouchoud and Lynda Elaine Flores Brouchoud Tru...

Excerpt: ...TIMOTHY ALEXANDER TENTATIVE RULING: The Motion of Defendant Timothy Alexander ("Defendant") to Compel Further Responses to Form Interrogatories, Set 1, Special Interrogatories, Set 1 and Request for Production, Set 1, from Plaintiff Ole Ventures Inc. ("OVI") and Request for Sanctions is ruled on as follows: (1) The Motion to Compel Further Responses to Form Interrogatories and Special Interrogatories is DENIED as untimely. A motion to compel furt...

Excerpt: ...g a "Shareholder Agreement" ("Agreement") entered into on April 1, 2016 by Plaintiff Ester Uziel ("Plaintiff") and her son, Defendant David uziel ("Defendant"). The Agreement, attached as Exhibit A to both Plaintiff's initial verified Complaint and her unverified First Amended Complaint ("FAC") contains an arbitration provision at paragraph 9.1, which reads: "If a dispute arises out of or relates to this Agreement or its breach, the parties agree...

Excerpt: ...on submitted in support of Defendants' Reply is OVERRULED. Existence of Agreement to Arbitrate On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, u...

Excerpt: ...laint is SUSTAINED in part and OVERRULED in part. Defendants Matte Sun Group, LLC's and Evan Haskell's Request for Judicial Notice is DENIED as irrelevant. (AL Holding Co. v. O'Brien & Hicks, Inc. (1999) 75 Cal.App.4th 1310, 1313 fn. 2 ["a court must decline to take judicial notice of material that is not relevant"].) As a preliminary matter, Plaintiff TGA F299 Franklin LLC's opposition was not timely filed or served. (See Code of Civ. Proc„ S ...

Excerpt: ...ons, LLC ("Cross-complainants"), is OVERRULED. Cross Complainants did not file an opposition to this Demurrer, but filed a Notice of Filing of Second Amended Cross-complaint on December 21, 2023 and an Objection to Amiseq's Reply on December 28, 2023. Despite its label, the Objection is essentially an unauthorized surreply filed without leave of court as it responds to the arguments raised by Amiseq's Reply. The Court therefore has discretion to ...

Excerpt: ...Annuity Association of America (2020) 53 Cal.App.5th 71, 80—81.) Plaintiff Satish Sandadi's Request for Judicial Notice is DENIED as irrelevant. (AL Holding Company v. O'Brien & Hicks, Inc. (1999) 75 Cal.App.4th 1310, 1313 fn. 2 ["a court must decline to take judicial notice of material that is not relevant" l.) Defendant's Objections to Evidence are SUSTAINED as to the six declarations submitted by Plaintiff in support of his opposition — ex...

Excerpt: ...psed registration. SMCSO's Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the First and Second causes of achon and the remaining causes of action against the SMCSO are STRICKEN for the reasons below. A demurrer tests the legal sufficiency of the pleadings, raising issues of law but not fact regarding the form or content of the opposing party's pleading. (Donabedian v. Mercury Insurance Company (2004) 116 Cal.App.4th 968, 994.) Because a demur...

Excerpt: ... Background. On March 6, 2023, the Court issued a Civil Harassment Restraining Order, prohibiting/enjoining Amber Baptiste from repeating 18 statements/allegations about Goguen that Baptiste had previously made in various social media postings. (3-6-23 Restraining Order.) Thereafter, Baptiste continued sending email communications repeating these prohibited statements/allegaäons, and thus, which violated the Restraining Order. On May 18, 2023, a...

Excerpt: ...inaton in January 2023. Defendant seeks to compel arbitration on the ground that Plaintiff's Employment Agreement with Defendant, which Plaintiff signed, contains a binding agreement to arbitrate all claims alleged in Plaintiff's Complaint. CCP S 1281.2 requires the Court to order contractual arbitration "[Oln petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party ...

Excerpt: ...from Ruling on Defendant's Petition This action was stayed when the Court granted defendant's motion to compel arbitration. (See Order, Aug. 7, 2023.) Once arbitration is ordered and the action stayed, the Court retains "merely vestigial jurisdiction over matters submitted to arbitration." Those matters include confirming, correcting, or vacating an arbitration award. (Titan/value Equites Grp., Inc. v. Superior Ct. (1994) 29 Cal.App.4th 482, 487;...

Excerpt: ...v. Proc., S 430.10, subd. (e).) A. Background This case arises from a series of disputes between plaintiff Tadayoshi Hirata and individual defendant William Watt ("Watt"), who is alleged to be an officer and manager at defendant AVM. AVM filed a demurrer to plaintiff's First Amended Complaint ("FAC"), which the Court sustained with leave to amend. (September 13, 2023 Minute Order.) As did the FAC, the SAC again asserts four causes of action again...

Excerpt: .... IF THE COURT DOES NOT RECEIVE NOTICE THAT THE TENTATIVE IS CONTESTED, THEN THE TENTATIVE WILL BE ADOPTED AT THE JANUARY 9, 2024 HEARING. The Motion of plaintiffs/Cross-Defendants Thomas Robert Brouchoud and Lynda Elaine Flores Brouchoud, Trustees of the Thomas Robert Brouchoud and Lynda Elaine Flores Brouchoud Trust Dated August 27, 2004 ("Plaintiffs") to Tax the Costs Memorandum by Defendants/crosscomplainants Aldo L. Milani, Paul M. Hunter, L...

Excerpt: ... TENTATIVE WILL BE ADOPTED AT THE JANUARY 9, 2024 HEARING. The instant action turns on Plaintiff's allegations surrounding a motor vehicle crash and the resultant injuries Plaintiff suffered. Defendant now moves to compel responses to the thirteen requests for production that make up Defendant's Request for Production of Books, Documents, and Other Things, Set Two. (Ex. A to Notice of Motion Compelling Compliance under Code of Civil Procedure sec...

Excerpt: ...o constitute a cause or causes of action against the defendant and the answer does not state facts suffcient to constitute a defense to the complaint." (CCP The grounds must appear on the face of the answer or from any matter of which the Court may take judicial notice. (ld., at subd. (d).) The Court may take judicial notice of admissions or inconsistent statements that a defendant has made and that cannot be reasonably controverted and thus disr...

Excerpt: ...is DENIED. A cross-complainant has met his or her burden of show-ng that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. (CCP Once the cross- complainant has met that burden, the burden shifts to the cross-defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. (Ibid.) Th...

Excerpt: ... papers, with the determinative fact for the Court being that the Confidential Settlement Agreement and Release (Fairbrother Decl„ Exh. D) was never signed by Plaintiffs or their counsel. Nevertheless, Defendant now seeks to enforce that Agreement. Whether the Notice of Settlement (Fairbrother Decl., Exh. C) was filed inadvertently is irrelevant. Plaintiffs argue that the settlement agreement cannot be enforced pursuant to CCP 5664.6 because it...

Excerpt: ...IED IN PART. The burden of proof is on Defendants that a cause of action cannot be established by showing the undisputed facts presented by Defendants prcwe the contrary of Plaintiffs' allegations as a matter of law. Brantley v. Pisaro (1996) 42 Cal.App.4th 1591, 1597. Defendants, as moving parties, cannot "simply argue or allege that the opposing party has no evidence." Scheiding v. Dinwiddie Construction Company (1999) 69 Cal.App.4th 64, 80—8...

Excerpt: ...ons of the complaint determine whether a "real property claim" is involved. (Urez Corp. v. Sup.Ct. (1987) 190 Cal.App.3d 1141, 1149.) A "real property claim" is any cause of action which, if meritorious, would affect title to specific real property. (Code of Civ. Proc. S 405.4.) "Real property claim" includes a marriage dissolution proceeding in which ownership of real property is at issue. (Kane v. Huntley Fin" (1983) 146 Cal.App.3d 1092, 1095.)...

Excerpt: ...20-23 Requests for Judicial Notice are GRANTED. (Evid. Code Sect. 452(d).) As to these court-filed documents, the Court takes judicial notice of their contents and filing dates, but not the truth of statements/allegatons therein. Defendants' 12-20-23 Objection to the Treasa Gavin declaration is SUSTAINED on grounds that on a motion for judgment on the pleadings, the Court may only consider the subject pleading, and matters subject to judicial not...

Excerpt: ...t Portfolio Servicing, Inc.'s and U.S. Bank, N.A.'s Request for Judicial Notice is DENIED as irrelevant. (AL Holding Co. v. O'Brien & Hicks, Inc. (1999) 75 Cal.App.4th 1310, 1313 fn. 2 ["a court must decline to take judicial notice of material that is not relevant"].) Defendants Select Portfolio Servicing, Inc. and U.S. Bank, N.A. (collectively, "Lenders"), the latter in its capacity as trustee for WaMu Mortgage Pass Through Certificate For WMALT...

Excerpt: ...ormance of the agreement, declaratory relief, or, in the alternative, for resc:ission of the agreement based on mutual mistake. Defendant 930 Linden Ave LLC ("Defendant" or "Linden") now demurs to the Complaint. A demurrer tests the legal sufficiency of the pleadings, raising issues of law but not fact regarding the form or content of the opposing party's pleading. (Donabedian v. Mercury Ins. Co. (2004) 116 CA4th 968, 994.) For the purposes of de...

Excerpt: ...in order to comply with this re-designaton of the case. That is a significant and unreasonable amount of clerical work that would be an undue burden on this Court's already overworked Clerk's Office. This is especially true in light of the fact that the Court is not correcting ANY clerical error, but rather a result of alleged inadequate legal advice by Defendant's former counsel. Accordingly, Defendant and/or her counsel must perform the tasks o...

Excerpt: ...ed in the complaint. To be sure, the Reply make a new argument that the trade secret allegations are insufficient, but that's a new argument not properly before the court. Cf., High Sierra Rural Alliance v. County of Plumas (2018) 29 Cal.App.5th 102, 112 n.2. (2) An intentional interference with contract is a wrong in and of ftself, and the complaint states that cause of action. Ixchel Pharma, LLC v. Biogen, Inc. (2020) 9 Cal.5th 1130, 1142. The ...

Excerpt: ...ourtroom 2F. Defendants' counsel's declaration fails to establish compliance with the meet and confer requirement under CCP 5430.41, which states in relevant part: (a) Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objecti...

Excerpt: ... at least $281.18 commencing on April 30, 2021, until the "compromise sum" of $10,122.50 was paid off in full. (Declaration of Gloria Zarco ("Zarco Decl."), Ex. 1 ("Stipulation") '13).) Plaintiff asserts that Defendant has failed to make payments on the compromise sum since March 30, 2023, and has not paid the compromise sum in full. Plaintiff now moves the Court to enter judgment pursuant to the terms of the settlement under CCP S 654.6. CCP S 5...

Excerpt: ...ssion regarding a 2020 Kia that plaintiff allegedly wrongfully possesses. The court denied Budget's writ application on September 5, 2023. Budget now seeks another writ of possession over the same car in a nearly identical writ application filed October 10, 2023. This is a renewed motion under CCP 1008(b). Section 1008(b) requires a party bringing a renewed motion to submit an affidavit [or declaration] identifying new or different facts, circums...

Excerpt: ... the opposing party's evidence must be liberally construed." (Binder v. Aetna Lie Ins. Co. (1999) 75 Cal.App.4th 832, 838.) There are a triable issues of material fact regarding whether plaintiffs substantially performed their agreements. (Magic Carpet Ride LLC v. Rugger Investment Group, L.L.C. (2019) 41 Cal.App.5th 357, 364 ["What constitutes substantial performance is a question of fact. The evidence creating triable issues of material fact ar...

Excerpt: ...fs and exhibits to the trial briefs). Any new motion must be heard in Department 611 before Judge Karnow (contact his clerk for a date and time). The moving party must: At the time of filing, lodge with Department 611, but not file, a "delta" document which is comprised of documents the subject of the sealing motion, redlined to show the specific words or portions sought to be deleted from the public file; Rely only on admissible evidence to show...

Excerpt: ...ifications herein. Accordingly, the Court's prior tentative from December 1, 2023, is adopted and incorporated here by this reference. The parties' supplemental briefing following the hearing on December 1, 2023, has not persuaded the Court to change its prior tentative decision that relief is warranted under CCP 5473.5. Here, two years have not yet passed since the default judgment was entered. (See Mar. 30, 2023 Default Judgment.) Nor have 180 ...

Excerpt: ...chard Poletti, individually and dba Poletti Realty, and John Poletti, is GRANTED in part and DENIED in part as discussed herein. Issue 1: Claims by Keith Giusto against Poletti Defendants The MSA is DENIED as to Issue 1. It is undisputed that Plaintiff Keith Giusto asserts no claims against any of the Poletti Defendants. Therefore, summary adjudication cannot be granted on claims that are not alleged and there are no claims to dismiss. Issue 2: T...

Excerpt: ...law. Brantley v. Pisaro (1996) 42 Cal.App.4th 1591, 1597. Defendants, as moving parties, cannot "simply argue or allege that the opposing party has no evidence." Scheiding v. Dinwiddie Constructon Company (1999) 59 Cal.App.4th 64, 80—81. Further, Defendants evidence is to be strictly construed in determining whether they have met their initial burden with doubts or ambiguities at this stage resolved in Plaintiffs' favor. Johnson v. American Sta...

Excerpt: ...part, as follows: Timeliness of Motion Unless notice of a motion to compel further responses to interrogatories is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing, the propounding party waives any right to compel a further response to the interrogatories. Cal. Code of Civil Pro...

Excerpt: ... improper purpose to harass Defendant, (2) the fraud claim is not warranted by existing law, and/or (3) is devoid of evidentiary support. (See Code of Civ. Proc. S In order to obtain sanctions under section 128.7, the moving party must show that other party's conduct in asserting the claim was objectively unreasonable. (Kumar v. Ramsey (2021) 71 Cal.App.5th 1110, 1120.) A claim is objectively unreasonable if " 'any reasonable attorney would agree...

Excerpt: ... for Judicial Notice (RJN) is GRANTED in its entirety. (Evid. Code Sect. 452(d).) The Court hereby incorporates its Order denying Defendant Evernote's Special Motion to Strike the FAC'S asserted claims. Although a SLAPP motion, unlike a demurrer, permits the Court to consider evidence external to the pleading, here, Evernote's ant-SLAPP motion and this demurrer involve overlapping issues and analyses. Thus, the Court incorporates, herein, its Ord...

Excerpt: ...tiffs Third Amended Complaint is: (1) being presented primarily for an improper purpose to harass Defendant, (2) the fraud claim is not warranted by existing law, and/or (3) is devoid of evidentiary support. (See Code of Civ. Proc. S In order to obtain sanctions under section 128.7, the moving party must show that other party's conduct in asserting the claim was objectively unreasonable. (Kumar v. Ramsey (2021) 71 Cal.App.5th 1110, 1120.) A claim...

Excerpt: ...n on Plaintiff Lorie Jones' Complaint. For the reasons below, summary judgment is warranted. A. Legal Standard on Summary Judgment "A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding." (Code Civ. Proc., S 437c, subd. (a)(l).) A cause of action has no merit if one or more of its elements cannot be separately established or an affir...

Excerpt: ...e regular law and motion calendar, if the court determines that the parties need more time for argument, the court will set another hearing for further briefing. One party has called Department 4 about a power point presentation and, if time allows, the court has no objection to such a presentation. Defendants seek judgment on the pleadings. By stipulation, the parties agreed that this motion is the "proper procedural vehicle to resolve the issue...

Excerpt: ... many of its vehicles, including a vehicle sold to Plaintiff, thereby fraudulent concealing a material defect in the vehicles and putting Plaintiff and other consumers at increased risk. AHM demurs to the second cause of action in the Complaint, fraudulent concealment, on the following grounds: (1) failure to state a cause of action because Plaintiff has not adequately alleged that AHM owed Plaintiff a duty of disclosure; (2) uncertainty, unintel...

Excerpt: ...cause of action and are uncertain. (Notice at p. 2 citing Code Civ. Proc., S 430.10, subd. (e),(f).) The court agrees. The court first notes that the proofs of service ("POS") of defendant's demurrer, supporting documents and reply do not include plaintiff's zip code although plaintiff includes it in the complaint and the zip code is in the court file. The United States Post Office explains that zip code delays delivery. (https://faq.usps.com/s/a...

Excerpt: ...location of the hearing].) The parties should be aware that the Hon. Nancy L. Fineman, Department 4 is located at the Central Courthouse, Department G, 800 North Humboldt St., San Mateo, CA 94401. The court provided this information to the parties through the tentative ruling for the April 4, 2023 hearing and the hearing's minutes. Defense counsel is ordered to contact plaintiff by 4:00 p.m. on Monday, December 18, 2023 to provide the proper loca...

Excerpt: ...ourt repeats the tentatve issued on December 11, 2023: The court rules on plaintiff Delma Jefferson's motion for leave to file an amended complaint (Plaintiff moves to file a "Second" Amended Complaint, but the record shows that no First Amended Complaint is on file) as follows: Defendant Brayan Perez properly objects that plaintiff failed to provide proper notice yet also responded substantively on the merits. A defendant who does not receive pr...

Excerpt: ...y sanctions against plaintiff Daniel Jay Fried's counsel and the court GRANTS plaintiff Daniel Jay Fried's motion for leave to augment his expert designation on the following conditions: (1) Joseph R. Pohlot be made available no later than January 3, 2024 and plaintiff pay the cost for an expediated deposition transcript (responsible only for the cost associated with the expediated amount); (2) defendant may designate its own expert economist no ...

Excerpt: ...issues to be adjudicated and is supported by an 18-page Separate Statement of undisputed Material Facts. Plaintiffs' Opposing Separate Statement is more than three times as long and supported by 60 exhibits consuming more than 1,300 pages. Plaintiffs' Opposing Separate Statement does not further the purpose of the Separate Statement requirement, but rather hinders it. Plaintiffs' Opposing Separate Statement does not allow the Court to easily iden...

Excerpt: ... Cory L Cooper ("Cooper"), a real estate agent who was associated with Defendant Dwell Realtors ("Dwell") at the time of the transaction, failed to properly obtain Mr. Driker's signature on the cancellation addendum. Plaintiff then decided again to sell the property in 2021 and hired Cooper, who was by then associated with Defendant Compass California II, Inc. ("Compass"), to facilitate the sale, again to Mr. Driker. Shortly after Plaintiff hired...

Excerpt: ...ritten notice of the formal order. The First Amended Complaint (the "FAC") asserts two causes of action, for conversion and for intentional infliction of emotional distress ("IIED"). Vinogradova demurs here to the second cause of action for IIED on the grounds of uncertainty and that fails to state facts sufficient to state a cause of action. (Code of Civ. Proc., S 430.10, subd. (e)—(f).) Vinogradova offered no argument in support of her specia...

Excerpt: ...iary duty," and "breach of contract") the Demurrer is OVERRULED. As to Cause of Action No. 2 ("elder abuse"), the Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. (Code Civ. Proc. sect. 430.10(e).) Defendants' 10-24-23 Request for Judicial Notice (RJN) is GRANTED as to Exhs. A & B (Evid. code sect. 452(c)), and GRANTED as to Exhs. C, D, E(l), (2), and (3), and F (Evid. code sect. 452(d).) The RJN is DENIED as to Exhs. E(4), (5) and (6) on grounds th...

Excerpt: ...ts filed their Demurrer to the initial Complaint, plaintiff Martin Lanfranco ("Plaintiff") filed a First Amended Complaint ("FAC"). he parties stipulated that the Demurrer would be treated as a Demurrer to the FAC instead, and the stipulation was approved by the Court. (Stipulation and Order filed November 30, 2023.) Thus, the Court treats this Demurrer as a Demurrer to the FAC. Defendants loan Depot and Perrez's Demurrer to the First Cause of Ac...

Excerpt: ...to Compel Arbitration, in which defendant Giyasim Babayev has joined, is GRANTED pursuant to Code of Civil Procedure, secton 1281.2. Where a party petitions the court alleging the existence of a written arbitration agreement, contends that another part refuses to arbitrate a controversy covered by the agreement, and the court determines that an agreement to arbitrate the controversy exists, it shall order the parties to arbitration unless the cou...

Excerpt: ...aint at paragraphs 36—37, 39, and 4142. Plaintiffs Abdulrahman Alkablany and Majdy Alkablany shall, jointly and severally, pay Defendants Severum, LLC's and Dean Najdawi's reasonable attorney fees in the amount of $4,000 no later than thirty (30) days after service of written notice of this order. Defendants Severum, LLC's and Dean Najdawi's Objections to Evidence are SUSTAINED as to items nos. 1 and 4—5 and OVERRULED as to nos. 2—3 and 6. ...

Excerpt: ...ss-Defendants Route Advisors, Miriam Liang, and Joe Liang. (Code Civ. Proc., S 418.10.) Route Advisors and the Liangs did not waive the right to challenge personal jurisdiction. Crosscomplainants ZRa',' Transportation, Inc. and Araceli Avellaneda argue that by filing a demurrer together with a motion to quash service of Summons, Route Advisors and the Liangs have made a general appearance, and thus have waived the right to challenge personal juri...

Excerpt: ...PEAR (Zoom appearance is acceptable), and if possible, their clients should be available for consultation. By ex parte application, the court put this motion on calendar on shortened time. Due to Judge Fineman's mistake, she put the date for opposition as the date of the hearing. The court appreciates counsel for defendants Yafei Liu, Chao Liu and Zhiying Qui (collectively opposing defendants) filing their opposition on December 5, 2023. If any o...

Excerpt: ...ded to the Court, preferably at the time that the notice of motion and other motion papers are filed. At the outset, the Court is hard-pressed to evaluate the merits of the motion without first being able to determine that service was proper, as service and notice are so fundamental to concepts of due process as to be deemed jurisdictional in nature. (Oats v. Oats (1983) 148 Cal.App.3d 416, 420.) Plaintiff's opposition brief rests solely on the i...

Excerpt: ...motion for leave to file an amended complaint (Plaintiff moves to file a "Second" Amended Complaint, but the record shows that no First Amended Complaint is on file) as follows: Defendant Brayan Perez properly objects that plaintiff failed to provide proper notice yet also responded substantively on the merits. A defendant who does not receive proper notice is in a difficult position. (Robinson v. Woods (2008) 168 Cal.App.4th 1258, 1267-1268 [dis...

Excerpt: ... Morgan Hill v. Brown (1999) 71 Cal.App.4th 1114, 1126.) First, the court determines whether plaintiff may bring the action and force the claimants to interplead. (ld. at pp. 1126-1127.) Second, if it is so determined, then the court discharges plaintiff and then determines the rights of the various claimants to the property deposited with the court. (ld. at p. 1127.) In this case, Plaintiff has not demonstrated that all Defendants have answered ...

Excerpt: ..., and DENIES the request as to Exhibit 2. The court notes that the notice to the demurrer is not signed, plaintiff does not object and the court finds the error nonconsequential. Counsel though is reminded to make sure that all pleadings are signed. Legal Standard on Demurrer The purpose of a demurrer is to test the legal sufficiency of the facts alleged in the operative complaint to see whether they state a cause of action under any legal theory...

Excerpt: ...bitration Provision) (RJN, Ex. A); (2) Costco Member Offer Program 4Q 2020 Incentive, Customer - Dealer Agreement and Pricing Sheet (Ex. B); and (3) 2020 Traverse FWD LS Vehicle Window Label ("Monroney Sticker") (Ex. C). (Evid. Code S 452, subd. (h).) None of the requested documents are referred to in the Complaint. (Contra RJN, p. 1:12-16 (citing to Complaint "1 14, 16, 48, 51, 53, 59, 61—62, 65, 71, 91, 109, 113).) The Court finds distinguish...