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 ...

Excerpt: ... Maduros' (collectively, “Respondents”) “Motion to Transfer Venue,” filed 12 -2223, is DENIED. (Code Civ. Proc. Sect. 392 et. seq.) Background. Petitioners/Plaintiffs the City of San Bruno and Walmart.com USA, LLC (“Petitioners”) filed this Petition/Complaint against Respondents, seeking to set aside/invalidate certain decisions (“Reallocation Notices”) made by the CDTFA on April 17, 2023. Petitioners contend that the April 17, ...

Excerpt: ...plaint is DEN IED. Plaintiff and Cross -defendant Montgomery Sansome, L.P.'s Request for Judicial Notice is GRANTED as to all items, but only for the existence of these documents as court records and not for the truth of any fact therein. (See Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McCort (2001) 91 Cal.App.4th 875, 883– 884.) Defendant and Cross-complainant Nathalie Anne Gachot's papers reference a request for judicial notice ...

Excerpt: ...aranty Agreement to guarantee the lease entered into by Plaintiff and its tenant, Green Haven LLC (“Tenant”). The Guaranty Agreement calls for joint and several liability among the Guarantors, of whom Defendant Hester is one. (Defendant's SSUMF ¶ 9.) The Tenant defaulted on its re nt obligations in January 2023. (Defendant's SSUMF ¶ 5; Kronenberg Decl. ¶ 3.) Plaintiff now moves for summary judgment against Defendant for breach of guaranty....

Excerpt: ...) The Court continued this Demur rer for Defendants to establish compliance with the meet and confer requirement under Code of Civil Procedure section 430.41, and to file a supplemental declaration establishing compliance with this requirement. Defendants' counsel previously filed a decla ration stating that the parties met and conferred by telephone on September 8, 2023, and also attached a meet and confer email to Plaintiff to confirm the co...

Excerpt: ...- defendants Nite sh Hissaria and Digitize Solutions Private Limited (DSPL) is DENIED. Cross - complainants move here to enter the defaults of Cross -defendants Hissaria and DSPL on the Amended Cross -Complaint. Hissaria and DSPL are purportedly located in the Republic of India . Service of process on a person outside the United States may be made (1) as provided in part 2, title 5, chapter 4 of the Code of Civil Procedure, or (2) “if the court...

Excerpt: ... and to set aside the default and default judgment, if applicable, under CCP §473. Defendant's Motion is GRANTED. Where a motion for relief is not accompanied by an attorney affidavit of fault but is timely made, the court may grant discretionary relief from default taken against a party due to that party's mistake, inadvertence, surprise, or excusable neglect. (CCP §473(b).) The law favors judgment based on the merits, not based on procedural ...

Excerpt: ...n. 24, 2024, is DEN IED. (Code Civ. Proc. Sect. 2025.420(h).) Courthouse/hearing location. The Court notes that CLT's 1 -24- 24 Notice of Motion incorrectly states that the March 14 hearing will take place in the San Mateo courthouse. Department 3 (Judge Greenberg) is located o n the Second Floor of the Redwood City courthouse, located at 400 County Center in Redwood City. The Gearings' 3 -1 -24 Request for Judicial Notice, which requests that th...

Excerpt: ...e of Civ. Pro c., § 473, subd. (a)(1).) The proposed amendment would simply delete the first two affirmative defenses from the Answer. Plaintiff Alfredo Ortiz refused to stipulate to obtaining an advantage for himself and opposes this motion on the basis of delay and pr ejudice. However, both principles are founded upon a consideration of fairness. Ortiz presents no coherent argument as to why the elimination of his adversary's defenses works a...

Excerpt: ...ber 16, 2023. Pla intiff now moves for attorney's fees pursuant to the lease agreement, which provides in section 31 that the prevailing party to the action shall be entitled to reasonable attorney's fees. Defendant argues that attorney's fees, as part of the judgment, are automatically stayed pending appeal. This is incorrect. Unlike in civil actions generally (see Cal. Civ. Proc. § 916), appeals from unlawful detainer judgments do not automati...

Excerpt: ...�City”), to the First Cause of Action in the First Amended Petition for Writ of Mandate (“FAP”) is SUSTAINED WITHOUT LEAVE TO AMEND based on failure to allege facts sufficient to support a cause of action. Generally, a writ under section 1085 may only be employed to compel the performance of a duty which is purely ministerial in character. (Transdyn/Cresci v. City and County of San Francisco (1999) 72 Cal.App.4th 746, 752.) “A ministerial...

Excerpt: ..., or oppre ssion” required under Civil Code, section 3294 to support an award of punitive damages. In order to survive a motion to strike an allegation of punitive damages, the plaintiff must plead the ultimate facts showing an entitlement to such relief. (Clauson v. Superior Court (Pedus Services, Inc.) (1998) 67 Cal.App.4th 1253, 1255.) In order to state a prima facie claim for punitive damages, a complaint must set forth the elements as stat...

Excerpt: ... The Notice of Motion incorrectly states that the hearing on this Motion will take place in the Redwood City courthouse. The Court notes that Department 28 (Judge Healy) is located at Courtroom I, 800 North Humboldt St., San Mateo, California 94401. Meet and co nfer. The December 21, 2023 Declaration of Azim Khanmohamed does not comply with Code of Civil Procedure, section 435.5, which requires that the declaration supporting a motion to strike s...

Excerpt: ...y wages on termination; to provide rest periods or compensation; and to provide accurate, itemized wage statements. (First Amended Complaint, filed April 13, 2018.) The case was tried in two phases. On December 6, 2023, the Honorable Marie S. Weiner (retired) issued a final statement of decision and judgment after court trial in favor of plaintiffs, awarding penalties totaling $274,900 against defendants Lisa Meteyer and Sunnyvale Massage, join...

Excerpt: ..., rule § 3.1700(b).) A verified memorandum of costs is a prima facie evidence of the propriety of the items listed on it. (Adams v. Ford Motor Co. (2011) 199 Cal.App.4th 1475, 1487.) “If the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs to show that were not reasonable or necessary. On the other hand, if the items are properly objected to, they are put in issue and the burden of pr...

Excerpt: ... cour t strongly suggests that the parties engage in mediation with a private mediator experienced in these type of disputes or some other form of ADR. Plaintiff Puja Gupta's Request for Judicial Notice is GRANTED as to items nos. 1 –5 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 (Herrera).) Defendant ...

Excerpt: ...d 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].) Any party contesting the tentative ruling is to give notice to all other parties of the address for the hearing. Secon d, plaintiff failed to file a declaration that complies with Code of Civil Procedure section 430.41, subdivision (a)(3), showing that the parti...

Excerpt: ...lows: Demurre r to the Seventh Cause of Action for Breach of Duty of Common Carrier, based on failure to state facts sufficient to support this cause of action, is OVERRULED. The FAC alleges that the ambulances operated by Defendants are common carriers under Civil Cod e section 2168 because they hold themselves out to the public generally and indifferently to transport people from place to place for profit. (FAC, ¶ 129.) Defendants argue that ...

Excerpt: ...icken is irrelevant, false, or improper under Code Civ. Proc. § 436(a).) A motion to strike may be used to attack the entire pleading, or any part thereof, even single words or phrases. (Baral v. Schnitt (2016) 1 Cal.5th 376, 393 -394.) The motion lies to strike any irrelevant, false, or improper matter inserted in any pleading, or to strike any pleading or part thereof which is not drawn or filed in conformity with the laws of this state, a co...

Excerpt: ...t (SAC), is GRAN TED. (Code Civ. Proc. Sect. 437c.) The State's alternative Motion for Summary Adjudication (“MSA”) is therefore DENIED AS MOOT. (Code Civ. Proc. Sect. 437c.) Plaintiff's 11 -6 -23 Objections to Evidence (to the 10 - 10 -23 Corrected Marshall Decl.) are ruled upon as follows: • Marshall Decl., Para. 4 -5. OVERRULED. Plaintiff's objections go to the weight of this testimony. Marshall testified in deposition that she does not...

Excerpt: ... Cros s-Complainant David Espie.” (Notice of Motion for Judicial Reference at 2; the “Motion”.) In its Reply, B of A clarifies that it seeks general consensual reference of all its claims against the CPQ Defendants (CPQ LLC, Campanile, and Espie; referred to col lectively herein as CPQ), while the other cross- claims against non-CPQ Defendants will remain with the Court. The Motion is GRANTED and the original Complaint and all causes of ac...

Excerpt: ...re early inve stors and shareholders, and “New Firefly,” a company which Plaintiffs allege was created by Defendants from the looted remains of Original Firefly. New Firefly's creation followed a scheme allegedly hatched by Defendants to defraud Plaintiffs and prevent them from protecting the value of their investments. The instant case (“the California action”) was stayed pending the disposition of a concurrent action which Defendants...

Excerpt: ...se (Annie Sammut, Cody Sammu t, and Artichoke Joe's) filed demurrers to Plaintiff's FAC. In an Order dated 1.31.24, the Court ruled on Cody Sammut's and Artichoke Joe's demurrer. Having reviewed the briefing here, the Court finds that the issues and arguments raised are substantially the same as those raised in the prior demurrers. The Court finds no basis to diverge from its previous ruling, as further explained below. Defendant's 10 -5 -23 ...

Excerpt: ... Golden Door Properties, LLC v. Superior Court (2020) 53 Cal.App.5th 733, 774.) Plaintiffs shall file and serve a Second Amended Complaint no later than March 18, 2024. As a preliminary matter, the Court notes that Defendants provided the improper addres s for the hearing. Department 24 is located at the Hall of Justice and Records, Courtroom 2F, 400 County Center, Redwood City, California 94063. (See Cal. Rules of Court, rule 3.1110 [notice “...

Excerpt: ...mary judgme nt, the cross -defendant has met its burden of showing that a cause of action has no merit if the cross - defendant has shown that one or more elements of the cause of action cannot be established, or that there is a complete defense to the cause of action. ( CCP §437c(p)(2).) Once the cross-defendant meets that burden, the burden shifts to the cross- complainant to show that a triable issue of one or more material facts exists as to...

Excerpt: ...two weeks to thirty days, on the grounds that Defendant's counsel is unavailable for the trial due to a preceding trial in San Francisco County Superior Court and his son's planned wedding on June 29, 2024. The court finds circumstances are not excusable under Cali fornia Rules of Court, Rule 3.1332, subsection (c)(3) because Defense counsel is, in actuality, available to be present in the courtroom on the trial date. As to Defendant's making of...

Excerpt: ...lobal Enterp rises, Inc., et al. v. Tim Onderko, Case No. 22 -CIV -02099, and then re -filed on January 9, 2024 in Tim Onderko v. Donald Wilson, Case No. 22 -CIV -02332, is GRANTED -in -part and DENIED -in -part. Onderko's Petition to Confirm Arbitration Award is GRANTED. Ond erko's request for an award of interest on the Arbitration Award is GRANTED in the amount of $83,243.95. Onderko's request for an award of attorney's fees and costs is pri...

Excerpt: ...mily home fo r $9 million. Escrow closed on the house on November 7, 2013. (Final Statement of Decision, filed Jan. 9, 2024, at p. 3.) After moving in, the plaintiffs discovered numerous flaws in the home's construction. (See id., at pp. 6 -7, 10 -25.) On January 9, 2024, the Honorable Marie S. Weiner (retired) issued a final statement of decision and judgment after court trial in favor of plaintiffs, awarding them $1.2 million in damages, for...

Excerpt: ...rvice of written notice of entry of this order, unless the parties stipulate otherwise. (Cal. Rules of Court, rule 3.1320(g); Code Civ. Proc., § 472b.) Defendants Janet Wyler Griggs, Thomas S. Griggs, and Ash 1031 LLC's Demurrer to the First Amended Complaint and Motion to Strike portions of the First Amended Complaint are MOOT in light of the Court's ruling. The Court GRANTS LEAVE TO AMEND to plaintiffs Bruce K. Pederson, individually and as co...

Excerpt: ... roduction of documents (RFPs). The court GRANTS plaintiff's request for judicial notice (“RJN”). (Evid. Code, § 452, subd. (d).) However, the court only takes judicial notice that Commissioner Mau held an informal discovery conference (IDC) on December 4, 2023 and there are minutes from the IDC. As much as this court respects Commissioner Mau and the decision he makes, the statements that he or any judicial officer makes during an IDC are n...

Excerpt: ...itted on February 8, 2024. The court modifies Local Rule 3.403(b)(iv) (amended effective January 1, 2024) regarding the wording of proposed orders. Plaintiff shall submit an order which incorporates the tentative and the non- contradictory language in the submi tted proposed order. On August 29, 2023, the court granted preliminary approval to this class and PAGA (Private Attorney General Act) settlement. The court stated in its tentative and ado...

Excerpt: ... 64.6. The parties settled this case in 2021 and agreed that the court should retain jurisdiction pursuant to Code of Civil Procedure section 664.6. (Ex. 1 to the Request for Dismissal filed April 5, 2021, ¶ 11.) The parties' Stipulation states at parag raph 1 that plaintiff and defendant agree that in the event of a breach, judgment shall be entered in favor of plaintiff and against defendant in the sum of $11,840.25 plus costs of suit and pre...

Excerpt: ...notice of entry of the order. (Code Civ. Proc. § 2025.410, subd. (d).) The court GRANTS both parties' request for judicial notice, but not for the truth of the matters within the documents. A party to litigation has the right to obtain information to support hi s or her claims or defenses. That right is broad. (Code Civ. Proc. § 2017.010, Gonzalez v. Superior Court (1995) 33 Cal.App.4th 1539, 1546.) The right is not without limits and as Farrel...

Excerpt: ...ly Bil l 218 (“A.B. 218”) and became effective January 1, 2020. (See former Code. Civ. Proc., § 340.1, repealed by Stats. 2022, c. 444 (A.B. 2959), § 1, eff. Jan. 1, 2023, and then repealed by Stats. 2023, c. 655 (A.B. 452), § 1, effect. Jan. 1, 2024.) The Dist rict previously brought a motion for judgment on the pleadings to the second amended complaint arguing that A.B. 218 was unconstitutional. The court denied this motion, finding tha...

Excerpt: ...l Procedure Section 397(a). As Defendants point out, Cal. Code of Civil Procedure Section 395.5 provides: A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county where the principal place of business of such corporation is situated, subject to the power of the court to change the place of trial as in other cases. Pl...

Excerpt: ... than ten (10) days after service of written notice of entry of the formal order. As a preliminary matter, the notice of demurrer is defective, as it fails to state “the nature of the order being sought and the grounds for issuance of the order.” (Cal. Rules of Court, rule 3.110(a).) However, the memorandum of points and authorities sufficiently sets out the information so as to provide notice to Plaintiff Safeco Ins. Co. of America (“Safec...

Excerpt: ...of Au gust 31, 2023. Based on this alleged nonpayment, Plaintiff served Defendants a “Notice to Pay Rent or Quit” pursuant to CCP § 1161(2) which provides Defendants with ten days to pay the owed rent in full —or, if Defendants fail to cure the default within 10 days, compels Defendants to vacate and deliver up possession of the premises within 30 days of service of the Notice. (Ex. B to Compl.) The parties do not dispute that the tenancy ...

Excerpt: ...TENTATIVE RULING: Plaintiff's Motion for an Award of Expert Witness Costs is DENIED. Plaintiff is the prevailing party. However, for the reasons stated in granting in part Defendant's Motion to Tax Costs, which is also on this Law & Motion calendar, the P laintiff did not obtain a more favorable result than its CCP §998 offer and is therefore not entitled to these costs. Plaintiff's CCP §998 offer was $160,000. The jury's verdict was $147,119.3...

Excerpt: ...o Coi t's form interrogatories, set one, special interrogatories, set one, and request for production of documents, set one. The Court also ordered that Plaintiff pay $645.00 in sanctions within 30 days of notice of the Order. Plaintiff failed to comply. In a te ntative order issued on March 24, 2023, the Court denied Coit's unopposed first motion for terminating sanctions. In a tentative order issued October 17, 2023, the Court denied without p...

Excerpt: ...must allege facts to s how: “(1) outrageous conduct by the defendant; (2) the defendant's intention of causing or reckless disregard of the probability of causing emotional distress; (3) the plaintiff's suffering severe or extreme emotional distress; and (4) actual and proximate causation of the emotional distress by the defendant's outrageous conduct.” (Yau v. Santa Margarita Ford, Inc. (2014) 229 Cal.App.4th 144, 160 –161.) Fo...

Excerpt: ...e basis that AB 218 retroactively strips statutory governmental immunity from public entities, in violation of Article XVI, § 6 of the California Constitution, which prohibits gifts of public funds where there is no enforceable claim. The Demurrer is OVERRULED, as follow s. Each parties' requests for judicial notice are GRANTED pursuant to Cal. Evidence Code Section 452(c), (d). Standard on Demurrer In ruling on a demurrer, the Court treats it �...

Excerpt: ...ing date of February 28, 2024 by the required 16 court days, plus five additional calendar days for service by mail, as required by Code of Civil Procedure, sections 12c and 1005, subdivision (b), the final day to serve notice of this hearing by mail was Janua ry 29, 2024. “The principal purpose of the requirement to file and serve a notice of motion a specified number of days before the hearing (§ 1005, subd. (b)) is to provide the opposi...