Excerpt: ...t (“FAC”) is SUSTAINED WITH LEAVE TO AMEND. Plaintiffs shall file a Second Amended Complaint no later than ten (10) days after service of written notice of entry of this order and the order on the concurrent motion to strike. Legal Standard on Demurrer A defendant may demur to a cause of action in a complaint on the grounds that, inter alia, the pleading does not state facts sufficient to constitute a cause of action, the pleading is uncertai...

Excerpt: ...positions of Golden Gate Produce Terminal Ltd.'s Board of Directors Peter Carcione, Stephen Hurwitz, and Joseph Carcione, Jr (Motion) is DENIED. Plaintiff's request for sanctions is DENIED. Plaintiff contends “apex” depositions of three members of Plaintiff's Board of Directors are improper because Defendant has not made the showing required by Liberty Mutual Ins. Co. v. Superior Court (Frysinger) (1992) 10 Cal.App.4th 1282, 1287-1288 (Libert...

Excerpt: ...OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION Defendant City of Millbrae's (City) Motion for Summary Judgment or, in the Alternative, Summary Adjudication (Motion) came for hearing before this Court on February 9, 2023 at 2:00 p.m. All parties appeared through their counsel. Having considered all papers filed in support of and in opposition to the Motion, oral arguments of the parties, any testimony and evidence presented at the hearing, and all o...

Excerpt: ...61 Cal.4th 435, 441; Health and Safety Code § 50003(a). The First Amended Petition alleges facts demonstrating the City's efforts to mitigate the housing crisis in its city. As has become increasingly frequent, solutions to solving the housing crisis comes into potential conflict with policies protecting the environment. In 1970, the California Legislature enacted the California Environmental Quality Act (CEQA), Public Resources Code § 21000 et...

Excerpt: ...efects from their prior motion, which the Court had denied on June 15, 2022. The present motion explains the new facts that rise the request to add Rona Maskan as a defendant and that the facts were discovered in April 2021. The present motion also includes the proposed pleading and an explanation of the new allegations. Plaintiffs promptly filed a 4th Amended Complaint on April 26, 2021. A. Plaintiffs Did not Act with Reasonable Diligence As to ...

Excerpt: ...eave to amend as to D & B. (Id. at 2:23-6:8.) As to Netwise, plaintiff pleads that its founder and CEO Dwight Gorall sexually assaulted and harassed her at a business event put on by plaintiff and her employer LiveRamp, Inc. (Cmplt. 3:6-4:9.) Civil Code 51.9 (sexual harassment): Plaintiff pleads that she helped host the LiveRamp "executive dinner for its clients and business partners" such as Gorall's Netwise at which Gorall groped and otherwise ...

Excerpt: ... pages 3 and 4, paragraphs 19, 21, 26‐29, 31, 34, 35, and items 4 and 7 of the Prayer for Relief in the SAC. Defendants maintain that these portions of the pleading are irrelevant and false. To the extent the Motion relies on the request for judicial notice, it is not well taken. If the documents were accepted as judicially noticeable, to the extent Defendants contest the factual allegations of the pleading it is an evidentiary matter that does...

Excerpt: ...ries, request for admissions, request for production of documents, and form interrogatory 17.1. DFS GREEN argues that the discovery requests exceed the scope of permissible discovery because they exceed the limitations of GALICHA's PAGA Notice and partially pertain to claims outside of the one‐year limitations period that applies to GALICHA's personal claims. The arguments are unpersuasive. 1. The Statute of Limitations Does not Preclude Discov...

Excerpt: ...e Defendant ARE's 11‐3‐22 Request for Judicial Notice (Lease) is GRANTED, to the extent stated below. Evid. Code Sect. 452(d), (h). Incelldx's Opposition brief argues that as Plaintiff, Incelldx was not obligated to attached the Lease to the Complaint in order to state a cause of action for breach of contract. True or not, that is a separate issue from whether Defendant may properly seek judicial notice of the Lease to support its Demurrer. H...

Excerpt: ...d confer requirement imposed by Code of Civil Procedure section 430.41, subdivision (a). Plaintiff's meet and confer declaration simply states that “On October 25, 2022, I attempted to meet and confer with Craig Smith, counsel for Cross‐Complainant, regarding a demurrer to the First Amended Cross‐Complaint in this matter. I sent via email the letter attached hereto as ‘Exhibit A' and invited Mr. Smith to have a telephone conference regard...

Excerpt: ...i (collectively, Plaintiffs) concede that the causes of action in their Amended Complaint “are less than well pled.” (Opp., at p. 1.) Instead of opposing the Demurrer on the merits, they attach a Proposed Second Amended Complaint (Proposed SAC) as evidence that leave to amend should be granted. (See Opp., ex. A.) Although the Proposed SAC does not cure all the defects identified by Defendants, the Court cannot conclude that there is no reason...

Excerpt: ...dale Shopping Center (Hillsdale) (collectively, Defendants) is GRANTED. A. Facts Plaintiff Abigail Masic‐Maharaj, a toddler, approached the escalator unaccompanied by an adult. (Statement of Undisputed Facts (SUF), ¶ 1.) Plaintiff fell on the escalator while unaccompanied by an adult. (Id., ¶ 2.) “Immediately after the incident, the escalator was shut down and inspected.” (Id., ¶ 3.) The inspection revealed “[n]o defects or operational...

Excerpt: ...rted by an otherwise sufficient claim or defense.” (Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before Trial (The Rutter Group June 2020) § 7:178 (Weil & Brown).) Defendant moves to strike: (1) introductory allegations about the results of surveys on the prevalence of security deposit withholding in California (see Compl., ¶¶ 1‐6) and (2) the punitive damage allegations (see id., ¶¶ 6, 80, 100, 109, 113 & p. 22). As explained below, the M...

Excerpt: ...abandoned, and that claim for relief is DISMISSED. A plaintiff may move for summary judgment in an action if it is contended that there is no defense to the action or proceeding. (Code of Civ. Proc. 437c, subd. (a)(1). A Plaintiff meets its moving burden of showing 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. (Id. sect. 437c, subd...

Excerpt: ...t repeats its tentative from the September 20 and November 1, 2022 hearing: The Hon. Nancy L. Fineman discloses that she received via regular mail a letter dated August 19, 2022 from Defendant to the Commission on Judicial Performance, which was not served on Plaintiff. The referenced attachments were not enclosed. The special motion to strike, filed by Cross‐defendant Portfolio Recovery Associates, LLC, is GRANTED as to the entire cross‐comp...

Excerpt: ..., Garcia et al. v. Citibank N.A., San Diego Superior Court Case No. 37‐ 2022‐00005196 (“San Diego case”, and Monasterio v. Citibank, N.A., San Mateo Superior Court Case No. 20Civ03650 (“San Mateo case”) should be coordinated pursuant to Code of Civil Procedure section 404 et seq. As a preliminary matter, the Court finds that the actions are complex. They are both wage‐andhour PAGA (Private Attorney General Action) cases. When simila...

Excerpt: ... privacy is the provision's central concern. (Hill v. National Collegiate Athletic Assn. (1994) 7 Cal.4th 1, 35.) In Hill, we established a framework for evaluating potential invasions of privacy. The party asserting a privacy right must establish a legally protected privacy interest, an objectively reasonable expectation of privacy in the given circumstances, and a threatened intrusion that is serious. (Id. at pp. 35–37.) The party seeking inf...

Excerpt: ...sed on: (1) an open book, (2) an account stated, (3) goods sold and delivered, and (4) an account extended. However, Plaintiff's memorandum of points and authorities in support of the motion attempts to demonstrate that Plaintiff has established claims for (1) an open book, and (2) an account stated. (MPA, p.5‐7; see also Proposed Judgment) Accordingly, because Plaintiff has addressed only two of its claims, Plaintiff has not demonstrated it is...

Excerpt: ...ty Center, Redwood City. As to the merits, by this motion, Defendant moves for relief from its default on primarily equitable grounds. A court has inherent equitable authority to vacate a default at any time for extrinsic fraud or mistake, even when statutory relief is unavailable. (Luxury Asset Lending, LLC v. Philadelphia Television Network, Inc. (2020) 56 Cal.App.5th 894, 910.) A defendant seeking relief from its default must show generally al...

Excerpt: ...ining objections are OVERRULED. A party may move for summary adjudication of as to one or more claims of damages if the party contends that there is no merit to the claim. Cal. Code of Civ. Proc. §437c(f)(1). A defendant has met his or her burden on summary judgment of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action cannot be established. Cal. Code of Civ. Proc. §437c(p). Once...

Excerpt: ...roc. Sect. 438. Legal standard for MJOP. The grounds for an MJOP must appear on the face of the challenged pleading or be based on facts the court may judicially notice. Code Civ. Proc. Sect. 438(d); Tung v. Chicago Title Co. (2021) 63 Cal.App.5th 734, 758‐759. An MJOP assumes that all facts pleaded in the complaint are true, no matter how improbable. Serrano v. Priest (1971) 5 Cal.3d 584, 591; CrossTalk Productions, Inc. v. Jacobson (1998) 65 ...

Excerpt: ... and Second Cause of Action for Negligent Misrepresentation is OVERRULED on the ground that these claims are preempted by the Railway Labor Act (“RLA”) because they arise under or require interpretation of the collective bargaining agreement (“CBA”) between United and Defendant Association of Flight Attendants‐CWA, AFL‐CIO (“AFA”). The Court previously overruled United's Demurrer on this same ground as to the First Amended Complai...

Excerpt: ...3rd COA for Fraud or Non‐Disclosure; 4th COA for Fraud – Intentional Misrepresentation; 5th COA for Fraud – Negligent Misrepresentation As in the case of Defendant Snowflake's Demurrer, these fraud causes of action do not state a claim for relief. Taking Plaintiff's allegations as true that Defendants had decided to hold an IPO, knew that the IPO would increase the price per share, and withheld the information from Plaintiff in order to ind...

Excerpt: ...The Gearings move to compel further responses to the 104 requests for production (RFPs) contained in Defendant Thomas Gearing's Request for Production of Documents, Sets One and Two (Thomas Gearing Set One and Set Two), and Defendant Daniel Gearing's Request for Production of Documents, Set One (Daniel Gearing Set One). The Gearings served the sets of RFPs on Plaintiff and Cross‐Defendant City of Half Moon Bay (City) on April 26 and May 24, 202...

Excerpt: ... Association's Demurrer to Plaintiff's Complaint—which is incorporated herein—the MJOP is DENIED as to Plaintiff Brian Peagler's first cause of action under the Unruh Act but GRANTED WITH LEAVE TO AMEND as to his remaining causes of action. If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for the Individual Defendants shall prepare a written order consistent with the Court's ruling for the Co...