Excerpt: ...epartment's ("Defendant") Motion to Compel Plaintiff Joseph Echema's ("Plaintiff") Responses to Set No. 1 of Defendant's Requests for Production of Documents, Form Interrogatories, and Special Interrogatories and to Impose Sanctions is DENIED for the reasons set forth below. A. Defendant's Request for Order Compelling Further Responses Is untimely On March 26, 2021, Plaintiff served verified responses to Defendant's First Set of Requests for Prod...

Excerpt: ...ENIED-IN-PART. (Cal. code Civ. Proc., SS 1281.2, 1281.4.) Plaintiff Brennan Lawson ("Plaintiff") has filed two actions against Defendant Meta. The two related cases inwlve substantially the same allegations against Defendant. The Court has already determined that the instant case (Case No. 22ClV03300, filed on August 11, 2022) is related to Case No. 22ClV02723, filed on July 5, 2022. (See October 10, 2022 Order Deeming Cases Related.) In this cas...

Excerpt: ...16, 2023. At that time, Defendants had not filed an opposition. At the hearing on February 16, 2023, Defendants claimed that they never received the Motion so the Court continued the hearing to February 23, 2023. At the hearing on February 23, 2023, the Court continued the hearing to March 16, 2023 and set a briefing schedule for Defendants' opposition, and Plaintiff's reply. 80th Defendants and Plaintiffs timely filed their briefs. In their oppo...

Excerpt: ...ition is CONTINUED to May 25, 2023 at p.m. The parties are ORDERED to file and serve simultaneous supplemental briefs no longer than seven (7) pages on or by April 6, 2023 addressing the following issues: 1. Whether Logan v. Country Oaks Partners LLC (2022) 82 Cal.App.5th 365 [review granted) can be reconciled with Hutcheson v. Eskaton Fountainvvoc„d Lodge (2017) 17 Cal.App.5th 937 (Hutcheson)? And if so, how? 2. Whether Hutcheson is distinguis...

Excerpt: ... hereby STAYED pending resolution of the arbitration proceeding. Code Civ. Proc. Sect. 1281.4. As a matter of public policy, California courts favor the enforceability of arbitration agreements. Code Civ. Proc. Sect. 1281.2 provides that upon a showing that the parties entered into a valid agreement to arbitrate, and that a party thereto has refused to arbitrate the controversy, the Court "shall" order the parties to arbitrate "unless it determin...

Excerpt: ...ction for Money Had and Received is GRANTED. EKA's Request for Judicial Notice is GRANTED. On reply, the Plaintiff submitted additional evidence in support of his Motion, to which Defendant objects. The Court, in making fts ruling, has not considered any of the new evidence submitted by Plaintiff on reply. Plaintiff's Supplemental Request for Judicial Notice, made for the first time on reply to accompany the new evidence discussed above, is DENIE...

Excerpt: ...pursuant to cal. code of Civ. Proc. S 430.10(e). These causes of action are time barred by the applicable statute of limitations under Code of Civil Procedure section 337(a), and therefore fall to state a claim upon which relief can be granted. The gravamen of Plaintiff's First Amended Complaint arises out of alleged overcharges on Plaintiff's real estate loan from Defendant Bank of America, in which Plaintiff received a misstated HUD-statement w...

Excerpt: ...ARTIES ARE TO APPEAR. The Stipulation provides that if Defendant Rene Michelle Costas ("Defendant") fails to make a payment, Plaintiff shall give written notice to Defendant and Defendant shall be allowed an additional 10 days from the date of the written notice to cure the default. (Mahfouz Decl., Exh. A, Stipulation 11.) Defendant is to provide written notice of any address change, or else the address in the Stipulation remains valid for Notces...

Excerpt: ...ainst the Property, Attempting to sell or dispose of the Property, Modifying the Property including purporting to 'improve' the Property, and Taking any further funds from the 536 Laidley Street Partnership Bank account." (Notice of Motion at 2:3-9.) However, the Court grants a preliminary injunction against Defendant Abel's accepting any offer to purchase the property at a price to which a majority of the partners does not agree. Defendant Abel,...

Excerpt: ...e of Civ. Proc. S 430.10(e). The Slome Decl. ISO Defendant's Demurrer indicates that counsel exchanged written correspondence in efforts to meet and confer. Slome Decl., 92. This does not satisfy the requirements Cal. Code of Civ. Proc. 5430.41(a) to meet and confer in person or by telephone. The Court, in its discretion, has reached the merits of the Demurrer. This action arises out of alleged elder abuse and breach of fiduciary duty related to ...

Excerpt: ...ferences that may be drawn from those facts." (Miklosy v. Regents of the University of Cal. (2008) 44 Cal.4th 876, 883.) The Court may "also consider matters that may be judicially noticed .. " (Brown v. Deutsche Bank Natl. Trust Co. (2016) 247 Cal.App.4th 275, 279.) he Court does "not, however, assume the truth of contentions, deductions or conclusions of law." (Guerrero v. Pacific Gas & Electric Co. (2014) 230 Cal.App.4th 567, 571.) Because the...

Excerpt: ...vil Procedure section 481.010, et seq.)] are subject to strict construction," and a court may not issue a writ of attachment unless authorized by those statutes. (Pacific Decision Sciences Corp. v. Superior Court (2004) 121 Cal.App.4th 1100, 1106.) under the Attachment Law statutes, an application for a writ of attachment must be based on a claim for breach of an express or implied contract. (Code Civ. Proc., S 483.010(a); Korea Water Resources C...

Excerpt: ...ASE SUMMARY The Complaint alleges that on January 7, 2020, Plaintiff Mary Jane Estacio (“Plaintiff”) entered into a warranty contract with Nissan regarding a 2018 Nissan Kicks (“vehicle”). Plaintiff attaches a copy of the express warranty to the Complaint. (See Defendants' Request for Judicial Notice, Exh. 1.) Plaintiff claims that the vehicle had defects and nonconformities to the warranty. Plaintiff delivered the vehicle to GSN for repa...

Excerpt: ...roc. Sect. 437c. Legal standard. A motion for summary judgment shall be granted if the papers submitted show there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Code Civ. Proc. Sect. 437c(c). A defendant has met its burden of showing that a cause of action has no merit if defendant shows that one or more elements of the cause of action cannot be established, or that there is a co...

Excerpt: ...es not state facts sufficient to constitute a defense to the complaint. (Code of Civ. Proc. (“C.C.P.”) § 438(c)(1)(A).) Plaintiff asserts that the Complaint states facts sufficient to constitute a breach of contract cause of action. (See Plaintiff's Memorandum, p.2:12-16.) Plaintiff claims that the Complaint establishes the existence of a contract between Plaintiff and Defendant, that Defendant breached the contract and that Defendant failed...

Excerpt: ...- Compel Duplicate Deeds. Plaintiff's claim to “compel duplicate deeds” is based on an allegation that two grant deeds relating to real property in Santa Clara County were stolen from a safe. (Complaint para. 65-69.) The Probate Court of this County fully adjudicated the issue of the deeds on the merits when it granted Defendant WALLACE's Rental Properties Petition. The Probate Court ruled that ROBERT had no valid property interest in the pro...

Excerpt: ... (30) days after written notice of entry of this order. Failure to timely file an amended pleading in compliance with this order may result in dismissal of this action. The Request for Judicial Notice of Private Defender Program Office (“PDPO”) is GRANTED. Defendant demurs to the Supplemental Complaint on the grounds that the claims are barred by res judicata, that the pleading is uncertain, and that insufficient facts are stated as to consti...

Excerpt: ...failed to (1) allege facts constituting a violation of the Homeowner's Bill of Rights (HBOR), (2) allege a timely tender of their indebtedness, or (3) establish that they were prejudiced by the alleged violations of the HBOR. Defendant contends, first, that Plaintiffs have failed to state facts constituting a violation of Civ. Code §§ 2923.7 or 2924.9. Civ. Code § 2923.7 provides that “[u]pon request from a borrower who requests a foreclosur...

Excerpt: ... April 11, 2021 labor and materials contract (the “Contract”) between Plaintiff, who sued as Envirobuilt Construction (Ali Ebadar), presumable meaning Ali Ebadar individually and dba Envirobuilt Construction, and Defendants Mia Rusali and Dedy Rusali. Defendants assert that Plaintiff initiated this action in retaliation for their May 28, 2021 Complaint Form filed with the Contractors State License Board (“CSLB”) regarding issues with Plai...

Excerpt: ...ga Taape, Jr. filed this action against Defendant Rosemary Henson for alleged injuries he sustained while visiting property owned by Defendant in February 2020. Plaintiff's Complaint seeks recovery for injuries sustained during the alleged incident. Defendant cross- complained against Cross-Defendant The Broadmoor SF, alleging a cause of action for indemnity and equitable contribution for injuries Plaintiff subsequently sustained while he was a t...

Excerpt: ...tella v. Asset Management Consultants, Inc. (2017) 8 Cal.App.5th 181, 191.) But a demurrer “ ‘will lie where the complaint “has included allegations that clearly disclose some defense or bar to recovery.” ' ” (Ibid.) In other words, “ ‘a demurrer based on an affirmative defense will be sustained only where the face of the complaint discloses that the action is necessarily barred by the defense.' ” (Ibid.) B. Discussion Both partie...

Excerpt: ... inferences that may be drawn from those facts.” (Miklosy v. Regents of the University of Cal. (2008) 44 Cal.4th 876, 883.) The Court may “also consider matters that may be judicially noticed . . . .” (Brown v. Deutsche Bank Natl. Trust Co. (2016) 247 Cal.App.4th 275, 279.) The Court does “not, however, assume the truth of contentions, deductions or conclusions of law.” (Guerrero v. Pacific Gas & Electric Co. (2014) 230 Cal.App.4th 567,...

Excerpt: ...ssory fraud on the ground that it is barred by the three-year statute of limitations set forth in Civil Code Section 338, subdivision (d). The Court previously sustained Plaintiff's demurrer on this ground: “Plaintiff contends Defendants' fifth cause of action for promissory is barred by the three-year statute of limitations applicable to causes of action for fraud. Defendants counter that they are only asking for rescission in that cause of ac...

Excerpt: ... GRANTED. A. Request for Continuance In the memorandum of points and authorities supporting her opposition, Defendant contends that “discovery in this matter remains ongoing, with significant discovery items still outstanding,” that “numerous issues related to the allegations contained within the Cross-Complaint for property damage have yet to be fully explored or adjudicated,” and therefore “considering summary judgment at this point i...

Excerpt: ...TAINED WITH LEAVE TO AMEND. Code Civ. Proc. Sect. 430.10. The Demurrer is unopposed. See CRC 8.54(c) (“A failure to oppose a motion may be deemed a consent to the granting of the motion.”). Respondents' 10-28-22 Request for Judicial Notice is GRANTED as to Exhibits A-C. Evid. Code Sect. 452(c). Petitioner Nussbaum shall file and serve a Second Amended Petition for Writ on or before April 3, 2023. All asserted claims appear to be time-barred o...