Excerpt: ...0 for an order compelling Plaintiff Swenberg to provide responsive documents to the Document Request Nos. 21, 22, 80, 88, 89, 100-103, 105, and 113-118 which were attached to Dmarcian's Second Amended Notice of Continued Deposition to Plaintiff. In particular, Dmarcian seeks the production of the following documents: First category: mitigation documents Relating to Agari: consulting agreement, invoices, records of payments, and any 1099 form from...

Excerpt: ... DISCOVERY PROCESS BY PLAINTIFFS OLE TRAVEL INC. AND OLE VENTURES INC. TENTATIVE RULING: The Motion of Plaintiffs Ole! Travel Inc. and Ole Ventures Inc. ("Plaintiffs") for Monetary Sanctions, Issue Sanctions, Evidentiary Sanctions, Terminating Sanctions and/or Contempt Sanctons against Defendant Timothy Alexander is DENIED WITHOUT PREJUDICE. Plaintiffs filed this Motion on March 5, 2023, which was originally set for hearing on September 11, 2023....

Excerpt: ..., and OVERRULED in part as to the general demurrer to the SAC as being barred by collateral estoppel, as follows. Defendant's Request for Judicial Notice is GRANTED pursuant to Cal. Evidence Code Section 452(d). Collateral Estoppel as to Entire SAC OVERRULED. Collateral estoppel applies when an issue determined in a prior adjudication is identical to that presented in a subsequent action, the prior adjudication resulted in a determination on the ...

Excerpt: ...il action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court finds both that the party has a substantial interest in the action as a whole, and that the health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. Section 35(a) "is mandatory and absolute in its applicaton in civil cases whenever the litigants are 70 years old." ...

Excerpt: ... Deborah Q. Ruddock by Defendants and Cross-complainants Thomas J. Gearing and Daniel K. Gearing (collectively, the "Gearings") on August 31, 2023. For the reasons set forth below, the motion to quash is granted. A. Deposition Not Warranted Code of Civil Procedure section 1987.1 permits a party to move for an order quashing a subpoena and authorizes the Court to enter appropriate protective orders. (Code of Civ. Proc., S 1987.1 subds. (a)—(b).)...

Excerpt: ... defenses. A party may demur to an answer on grounds of failure to state facts sufficient to constitute a defense. (CCP S 430.20.) The determination of whether an answer states a defense is governed by the same principles which are applicable in determining if a complaint states a cause of action. (South Shore Land Co. v. Petersen (1964) 226 Cal.App.2d 725, 732.) The allegations of the pleading demurred to must be regarded as true, but a demurrer...

Excerpt: ...On November 13, 2023, plaintiff applied ex parte for a temporary restraining order and order to show cause why a preliminary injunction should not issue. This Court granted plaintiff's ex parte application, and issued a temporary restraining order enjoining the termination of PG&E services to the premises and ordering that any previously terminated PG&E services be restored. The matter is now before the Court on an order to show cause why a preli...

Excerpt: ...Summary Judgment (MS]), filed August 24, 2023, which seeks summary judgment of all claims asserted against each of them in Plaintiff Liezel De Guzman's August 31, 2022 Second Amended Complaint (SAC), is GRANTED as to each of defendants RTR, MERS, and Boedeker. (Code Civ. Proc., S 437c.) Accordingly, the moving defendants' alternative Motion for Summary Adjudication (MSA) is DENIED AS MOOT. (Code Civ. Proc., S 437c.) Defendants' request for adjudi...

Excerpt: ...intiff's motion for approval of a settlement of claims brought pursuant to the Private Attorney General's Act (PAGA). On October 24, 2023, plaintiff's counsel submitted a renewed motion for an order approving the settlement, including supplemental declaration addressing the court's concerns. In ruling on settlements involving PAGA claims, this court has a duty to independently determine whether a settlement is fair, reasonable and adequate. (Moni...

Excerpt: ...is unlawful detainer Complaint is defective. The Complaint alleges that Defendants' tenancy is exempt from the Tenant Protection Act of 2019 ("Act") based on Civil Code section 1946.2(e)(8). Defendants argue that section 1946.2(e)(8) only applies to residential real property "that is alienable separate from the title to any other dwe ling unit." Since the notice includes "Unit #1" in the property address, Defendants contend that this reference to...

Excerpt: ...RTIES BY 4:00 2M. ON MONDAY, NOVEMBER 27, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO DECEMBER 5, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE DECENBER 5, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON NOVEMBER 28, 2023. DEFENDANT PROVIDED NOTICE THAT SHE IS CONTESTING. For the reasons stated below, defendant Kathryn Castricone's demurrer, filed 10-13-23, which is...

Excerpt: ...PTED AT THE DECEMBER 5, 2023 HEARING. Defendant Bren Farrell's Demurrer to the Second Amended Complaint ("SAC") is OVERRULED as to the first through sixth causes of action. (Code Civ. Proc. S 430.10, subd. (e), (f), (g).) Defendant's request for judicial notice of the Complaint, First Amended Complaint and Second Amended complaint is GRANTED, BUT NOT FOR THE TRUTH OF THE MATTERS ASSERTED THEREIN. Plaintiff's request to file a Notice of Errata to ...

Excerpt: ...D. As a preliminary matter, the Notce of Application and Hearing incorrectly lists the address of the Court. Hearings for Department 4 are held at 800 North Humboldt Street in San Mateo, California 94401. On the merits, the unopposed application satisfies all procedural requirements, and its supporting declarations and documentary evidence are sufficient to find all the facts prerequisite to the issuance of a right to attach order and writ. First...

Excerpt: ...he court regardless of whether the arbitrator determines arbitrability. (Code of Civ-l Proc„ S 1281.2, subd. (a); Omar v. Ralphs Grocery Co. (2004) 118 Cal.App.4th 955, 961- 964.) To prove waiver, plaintiff must show (1) knowledge of an existing right to compel arbitration; and (2) intentional acts inconsistent with that existing right. (Hill v. Xerox Business Services, LLC (9th Cir. 2023) 59 F.4th 457, 468.) In taking into account the totality...

Excerpt: ...TING PARTY MUST NOTIFY DEPARTMENT FOUR AND ALL OTHER PARTIES BY 4:00 P.M. ON MONDAY, NOVEMBER 27, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO DECEMBER 5, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE DECENBER 5, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON NOVEMBER 28, 2023. PLAINTIFF PROVIDED NOTICE THAT HE IS CONTESTING. Plaintiff's Mohon to Compel Further Resp...

Excerpt: ... ADOPTED AT THE DECEMBER 5, 2023 HEARING. Defendant uber Technologies, Inc.'s ("Uber") Motion to Seal, filed 10-20-23, is GRANTED. (Cal. Rules of Court ["CRC"], Rules 2.550(d); 2.551). Uber's Motion seeks to seal the following two documents: • Unredacted Declaration of Matthew J. Michelsen in support of Motion to Enforce Settlement (lodged on 10-25-23); unredacted Memorandum of Points and Authorities in support of Motion to Enforce Settlement (...

Excerpt: ...ositions, and matters of which judicial 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; thus, the court ...

Excerpt: ... served form interrogatories, a first set of special interrogatories, and a first set of document requests on Plaintiff. (Defendant's Request for Judicial Notice ("RJN") Ex. C-1.) After some back and forth with Plaintiff's counsel, Defendant requested an Informal Discovery Conference ("IDC") before Commissioner Mau, which was held on June 5, 2023. (ld.) Plaintiff agreed to serve substantive supplemental discovery responses by June 13, 2023. (ld.)...

Excerpt: ... Reply Request for Judicial Notice is DENIED because none of the requested matter is material to the Court's evaluation of Defendants' motion. l. ABO COMIX STANDING The motion is DENIED as to A. 8.0. for lack of standing. The cases cited by County do not support this motion. In the case of Creed-21 v. City of Wildomar (2017) 18 Cal.App.5th 690, the complaint alleged that the plaintiff organization was "formed and operating under the laws of Calif...

Excerpt: ...ice of Appeal "fails to state a cause of action" against the Fields, and/or improperly names them as parties (real parties in interest) in this appeal. (Code Civ. Proc. Sect. 430.10(d), (e).) The function of a demurrer is to test whether, as a matter of law, the facts alleged in the complaint state a cause of achon under any legal theory. Intengan v. BAC Home Loans Servicing, LP (2013) 214 Cal.App.4th 1047, 1052. Code Civ. Proc. Sect. 389(a) stat...

Excerpt: ...to amend, as to the Special Demurrer to the First Cause of Acton ("COA") for Civil Rights Violations pursuant to Cal. Code of Civil Procedure Section 430.10(e). OVERRULED with respect to the general Demurrer to the Complaint and the remaining special demurrers. General Demurrer OVERRULED. Defendants argue that each cause of action in the Complaint must be dismissed pursuant to Heck v. Humphrey, (1994) 512 U.S. 477 ("Heck") because the claims impl...

Excerpt: ...ed on October 16, 2020, after failing to heed the summons purportedly served on him. (Oct. 16, 2020 Request for Entry of Default; see Sep. 21, 2020 Proof of Service of Summons by Substituted Service.) More than two years later, Plaintiff Scottsdale Insurance Co. ("Scottsdale") requested a default judgment, and judgment was entered against McNulty in the amount of $433,448.73 on March 30, 2023. (Mar. 22, 2023 Request for court Judgment; Mar. 30, 2...

Excerpt: ...whether the proposed settlement satisfies CCP 5877.6. See Tech-Bilt v. Clyde & Associates, 38 Cal.3d 488 (1985) and Regan Roofing Co. v. Superior Court, 21 Cal.App.4th 1685 (1994). However, the Oppositions contain evidence indicating that the proposed settlement between the Plaintiffs and Sung defendants may qualify as a faith settlement if the record is further developed. Accordingly, the Motion is DENIED without prejudice to re-file in accordan...

Excerpt: ... 20, 2023, is ruled upon as set forth below. Chugh refers in its briefing to the Amended Cross-complaint as the "Second Amended Crosscomplaint, or "SAXC." This Order refers to it as the AXC. The AXC asserts seventeen (17) total causes of action, eight (8) of which are asserted against the Chugh Cross-Defendants. Chugh has demurred to all eight of these claims. The AXC identifies three Cross-complainants: (1) CPQ Solutions, LLC ("CPQ") (2) Christo...

Excerpt: ...ely "Plaintiffs") is ruled on as follows: Procedurally, Defendant has not established compliance with the meet and confer requirement under Code of Civil Procedure secton 430.41 regarding the Second Cause of Action. Defendant only shows that he met and conferred regarding the Third, Sixth and Seventh Causes of Acton. Nevertheless, since the Second and Third Causes of Action are both fraud claims, the Court proceeds to address the merits of the De...

Excerpt: ...has indicated actual notice of the Opposition, it has been considered. The only argument it raises is that the Motion is untimely pursuant to Cal. Rules of Court, Rule 3.1702. Timeliness of Mohon A motion for attorney's fees up to and including the rendition of judgment must be served and filed within the time for filing a notice of appeal. Cal. Rules of Court, Rule 3.1702. In this case, that time is 60 days pursuant to Cal. Rules of Court, Rule ...

Excerpt: ...ement of Non-oppositon as to the requested production, confirming that the parties have agreed to such production through participation in the Informal Discovery Conference process and subsequent meet and confers. Accordingly, the Court shall GRANT this Motion, subject to the conditions outlined below. Pupil and education records are protected from disclosure under federal and state law. Federal educational funds are withheld from any school dist...

Excerpt: ... (the "Settling Parties") have agreed upon material terms, as summarized: Rodda will pay Plaintiff a $250,000.00 settlement payment. In exchange, Plaintiff has agreed to provide Defendant/cross-complainant SC Builders with an issue release discharging all claims in connection with Rodda's work on the renovation project which is the subject of this litigation. Plaintiff and Rodda have agreed to fully discharge, waive, and release each other from a...

Excerpt: ...nt, and further leave to amend is not justified. Defendant shall prepare, circulate and submit a proposed Judgment. Defendant's Request for Judicial Notice is GRANTED\. "[T]he elements of an achon for fraud and deceit based on a concealment are: (1) the defendant must have concealed or suppressed a material fact, (2) the defendant must have been under a duty to disclose the fact to the plaintiff, (3) the defendant must have intentionally conceale...

Excerpt: ...O DECEMBER 5, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE DECENBER 5, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON NOVEMBER 28, 2023. Plaintiff's Moton to Compel Further Responses to Form Interrogatories, Set Two, is DENIED for the reasons set forth below. Plaintiff served Defendant Rosie Elena Rivera with his first set of form interrogatories, which included which Form Int...

Excerpt: ... Counsel exchanged emails on March 27, 2023 regarding the filing of the Cross-complaint and the need for Mr. Perdue to obtain joint representation waivers from Cross-Defendants. Sorba Decl„ "3-4. Counsel for Crosscomplainant followed up via email on April 3, 2023. Ibid. , 95. Cross-Defendant Fofoanga Club filed an Answer to the Cross Complaint through Mr. Perdue on April 17, 2023. Ibid. , 96. Cross-complainant's counsel sent an email on May 31,...

Excerpt: ...l in opposition to this Motion, but failed to file any application or moton to have these documents filed under seal. "A party requesting that a record be filed under seal must file a motion or an application for an order sealing the record." (CRC Rule 2.551(b)(1).) "The moton or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing." (Ibid.) Accordingly, the documents are hereby ORDE...

Excerpt: ...uests for judicial notice are GRANTED, but not for the truth of the matters contained therein. The Court notes that Defendant filed a request for judicial notice that is over 800 pages long, but Defendant failed to "bookmark" the exhibits thereto. This is in violation of CRC Rule 3.1110(f)(4) and ü)cal Rule 3.3. Accordingly, the Court was left to scroll through 800 individual pages, which is abusive. Defendant is hereby warned that failure to co...

Excerpt: ... strike paragraphs 19 and 25 from the First Amended Complaint on the grounds that these paragraphs contain false matter under CCP S 436. However, the grounds for a motion to strike must appear on the face of the pleading under attack, or from matter which the court may judicially notice. (CCP S 437.) The falsity of Plaintiff's allegations does not appear on the face of the FAC, and Defendants have not requested that the Court take judicial notice...

Excerpt: ...The Agreement was signed by Defendants Li and Xie. Defendant Xie failed to make the payment due on or before April 21, 2023 and failed to make the $25,CM payment due on or before May 21, 2023. (Flegel Decl., '1 4.) The parties' Agreement provides that, "The Superior Court of California for the State of California shall have jurisdiction to enforce this Agreement." (Flegel Decl., Ex. A, 5.) The Agreement also states that "If Xie fails to timely de...

Excerpt: ...Code SS 3439 et seq. For the reasons set forth below, Defendant's moton for summary judgment is DENIED. The facts relevant to the pending motion are as follows: according to Plaintiffs' First Amended Complaint ("FAC"), Defendant DBM Cloud Systems Inc. ("DBM") is a software development company that allegedly entered into 28 separate loan agreements with the Plaintiffs between December 20, 2016 and October 12, 2019, by which the Plaintiffs collecti...

Excerpt: ...vice of notice of entry of judgment, as required by California Rules of Court rule 3.1700(a)(1). The form Complaint asserts two causes of action for breach of contract and four common counts. (Dec. 14, 2022 Complaint, pp. 3—6.) Each of these six counts are merely pleadings of alternative legal theories to recover a single debt. The only discrepancy in the requested remedies is that attorney fees are requested only under the first cause of actio...

Excerpt: ...murrer should be sustained because Plaintiff failed to properly serve Defendant with the Second Amended Complaint. Defendant cites no authority for sustaining a demurrer on this ground though. Instead, this may be a valid ground for a motion to strike. (See Code of Civ. Proc. S 436(b).) Nevertheless, Plaintiff is cautioned to properly serve Defendant with any amended pleading in the future and to file a proof of service with the Court. Plaintiff'...

Excerpt: ... as follows: The court OVERRULES the demurrer on uncertainty grounds. Defendants raise this ground in their demurrer, but fail to discuss it in their brief. "The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced." (Cal. Rules of Court, rule 3.1113(b); Fenton v. Groveland Community Services ...

Excerpt: ...TIVE IS CONTESTED, THE CONTESTING PARTY MUST NOTIFY DEPARTMENT FOUR AND ALL OTHER PARTIES BY 4m P.M. ON MONDAY, NOVEMBER 6, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO NOVEMBER 14, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE NOVEMBER 14, 2023 AT P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON NOVEMBER 7, 2023. PLAINTIFF PROVIDED NOT CE THAT HE IS CONTESTING. The court denies p...

Excerpt: ...ice of entry of order. Irene Lopez Perez ("Perez") moves here for leave to intervene in this matter regarding disputed title to a mobile home (the "Property") and file her proposed complaint in intervention. (See Oct. 4, 2023 Motion, pp. 9—27.) A. Legal Standard on Intervention A nonparty may petition a court for leave to intervene by filing a noticed motion that includes a copy of the pleading in intervention and sets forth the grounds on whic...

Excerpt: ...osition to an unlawful detainer summary judgment motion may be made in writing until the court day before the hearing, or orally at the time of hearing pursuant to California Rules of Court, rule 3.1351(b), (c). The parties shall APPEAR. According to the complaint, defendants agreed to rent the premises at 408 C Street, #2, South San Francisco, CA 94080 and they failed to pay rent but continue to hold over even after service of the three- day not...

Excerpt: ... GRANTED as to Exhibits 5-6. (Evid. Code Sect. 452(c).) As to each of these documents, the Court takes judicial notce of their contents and the dates that they were filed and/or issued, but the Court does not take judicial notice of the truth of statements/allegatons in the documents. Plaintiff Li's 10-24-23 Reply brief was untimely filed, but the Court has considered it. Plaintiff's Reply brief was due 10-23-23. Plaintiff filed it on 10-24-23, o...

Excerpt: ...E failed to provide verified responses to Form Interrogatories that were served in July 2021. The Court granted Plaintiff Oakville Produce Partners' motion to compel verified responses and ordered Defendant Le to provide verified responses "within 14 days of service of this order" and to pay a monetary sanction of $1,185.00 "within 30 days service of this order." (Order, Dec. 8, 2022 (filed Dec. 9, 2022.) Plaintiff served Notice of Entry of Order...

Excerpt: ... COA for Breach of Contract Plaintiffs were given leave to amend the original Complaint as to the sustained demurrer to the Second Cause of Action for Fraud. See June 20, 2023 Order. The amendments to the First Cause of Action for Breach of Contract were not authorized by that order. Following an order sustaining a demurrer or a motion for judgment on the pleadings with leave to amend, the plaintiff may amend his or her complaint only as authoriz...

Excerpt: ...e an amended answer no later than November 20, 2023. Cross- complainants FXIO International, Inc.'s and Plan B Equipment Rentals, LLC's Request for Judicial Notice is DENIED as irrelevant. (Licudine v. Cedars-Sinai Medical Center (2016) 3 Cal.App.5th 881, 902 ["trial court retains its usual discretion not to take judicial notice of matters that are irrelevant"].) As a preliminary matter, the notice of demurrer provides the incorrect address for t...

Excerpt: ...oena issued to its appraiser, Christopher Carneghi, on the grounds that any expert witness discovery in this case is premature, and discovery of Mr. Carneghi's work as a consulting expert concerning his appraisals is protected by attorney work-product privilege. Defendants respond that "Carneghi must be made available as a fact witness so that he may testify about the physical descriptions of all the lots that he perceived." (Opp., p.13.) Accordi...

Excerpt: ...ynor"), an individual and managing member and offcer of BWC. The Cross-complaint alleges causes of action for breach of fiduciary duty, intentional misrepresentation, negligent misrepresentation, and declaratory relief. Raynor now demurs to the Cross- Complaint and moves to strike certain parts of the pleading. Cross-Defendant's Motion to Strike A motion to strike can be used as a scalpel to cut out any irrelevant, false, or improper matters in a...

Excerpt: ...rovide Lessor with a copy of a Use Permit issued by the City of South San Francisco for such use or alternatively to provide evidence, reasonably satisfactory to Lessor, that no such Use Permit is required." ("Failure to Obtain a Use Permit (3-Day Notice at 2.) The motion is denied as to all other grounds argued in the motion because triable issues of material fact exist as to those grounds. (3-Day Notice at 1- 2, 3 & 4.) A. The Motion Does not E...

Excerpt: ...ifth cause of Action by Ford is OVERRULED based on failure to allege facts sufficient to support this claim. The elements of a cause of action for fraud based on concealment are: "(1) the defendant must have concealed or suppressed a material fact, (2) the defendant must have been under a duty to disclose the fact to the plaintiff, (3) the defendant must have intentionally concealed or suppressed the fact with the intent to defraud the plaintiff,...

Excerpt: ...mber 1, 2023. Defendants demur that these causes of action fail to state facts sufficient to support a claim because Plaintiff Edgewater Holding Corporation has not alleged facts sufficient to support its performance or excuse for nonperformance under the contract. Specifically, Defendants assert that Plaintiff must allege that it first obtained a determination that the damages sued for are not covered by insurance before it may bring these claim...

Excerpt: ...AY, NOVEMBER 6, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO NOVEMBER 14, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE NOVEMBER 14, 2023 AT P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON NOVEMBER 7, 2023. The court rules on plaintiff Michael Joseph Barrett's moton to compel further responses to plaintiff's form interrogatories, set 3 from defendant Jorge Morales and to strike o...

Excerpt: ...t to Cal. Evidence Code Section 452(d). Fourteenth COA for Breach of Fiduciary Duty OVERRULED. The SAC alleges that Defendant Hillhouse had authority and control over Plaintiff's finances, books, records and accounting documents, and that she handled Plaintiff's money and was entrusted to handle the finances at Plaintiff's law practice. SAC, "5, 171. It also alleges that Defendant Hillhouse had control and access to Plaintiff's American Express C...

Excerpt: ...Anthony L Webb shall file his Third Amended Complaint no later than December 4, 2023. As a preliminary matter, the demurrer is made on behalf of Defendants Private Defender Program Office ("PDPO"), Lisa Maguire, and Paul Demeester. However, Maguire and Demeester were dismissed on October 27, 2023. The portion of the demurrer made by them is thus moot, and only the portion of the demurrer made by POPO is relevant here. Though the five causes of ac...

Excerpt: ... Owner, LLC ("Plaintiff" or "The Marina"). Plaintiff and, collectively, the five Defendants brought cross-motions for summary judgment. Plaintiff partially settled with four of the five defendants, leaving Defendant Matthew Klein ("Defendant" or "Klein") the sole remaining Defendant in the action. The Court granted summary judgment for Plaintiff against Klein and entered the Judgment following its Order Granting Summary Judgment on June 29, 2023....

Excerpt: ...deration, and DENIED in part, with respect to the request to terminate arbitration. Plaintiff's objections to evidence are OVERRULED. In ruling on the previous Moton to Compel Arbitration in this action, the Court held that the issue of default under Cal. Code of Civil Procedure Section 1281.98 for late payment of fees should be decided by the arbitrator. June 10, 2022 Order. Plaintiff asks for that order to be vacated, or in the alternative for ...

Excerpt: ...e Cal. Rules of Ct., rule 3.1300(d); Rancho Mirage Country Club Homeowners Association v. Hazelbaker (2016) 2 cal.App.5th 252, 262-253; Juarez v. wash Depot Holdings, Inc. (2018) 24 cal.App.5th 1197, 1202.) The motion was previously continued to permit Defendant Tesla, Inc. ("Tesla") the opportunity to file br-efing and evidence in reply. Thus, with any potential prejudice now having been averted, the Court has considered Xue's late-filed papers....

Excerpt: ...tic Park project. Plaintiff claims that Defendant owes $27,018.10 for trucking services and $6,400.00 for tolls, dump fees, and scale fees which Plaintiff advanced. Plaintiff now applies to this Court for a right to attach order and writ of attachment, seeking to secure the amount of $38,759.91. For the reasons set forth below, Plaintiff's application is DENIED. The Court shall consider the showing made by the parties and shall issue a right to a...

Excerpt: ...party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect." (Code of Civ. Proc., S 473, subd. Here, Plaintiff TGA F299 Franklin LLC ("TGA") requests relief from the recent adopted tentatve ruling sustaining Defendants Urban Flat, LLC's and Evan Haskell's demurrer to the Second Amended Complaint and granting leave...

Excerpt: ...AINED WITH LEAVE TO AMEND based on failure to allege facts sufficient to support a cause of action and uncertainw. Generally, a writ under secton 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 act is an act that a public officer is required to perform in a prescribed manner in obedience to t...

Excerpt: ...ly filed. ld. at S 2031.300. A court may grant relief from waiver if: (1) the party belatedly serves a response substantially compliant with CCP SS 2031.210-2031.240, 2031.280, and (2) filing a noticed motion supported by declarations showing that the delay resulted from mistake, inadvertence, or excusable neglect. ld. Under Local Rule 3.700, parties to a general civil case must participate in an Informal Discovery Conference (IDC) prior to filin...

Excerpt: ...ng possession of real property, a motion for summary judgment may be made at any time after the answer is filed upon giving five days notice, and shall be granted or denied on the same basis as a motion under Section 437c. Cal. Code of Civil Procedure Section 1170.7. Cal. Code of Civil Procedure Section 437c(b)(1) provides that an MS] "shall be supported by affidavits, declarations, admissions, answers to interrogatories, depositions, and matters...

Excerpt: ... allege causes of action for elder abuse, negligence, wrongful death, and survivorship. Defendants now mcwe to com#l arbitration, arguing that an arbitration agreement signed on behalf of Decedent contractually binds the parties to adjudicate these claims in binding arbitration. The arbitration agreement at issue is its own agreement, though it was kept together with other paperwork governing Decedent's admission to the facility as a resident. Ga...

Excerpt: ... Pacifica, LLC, Vistamar Development, and Javier Chavarria's (real parties) motion to vacate order granting attorney's fees, filed October 2, 2023 pursuant to Code of Civil Procedure section (the notice states section 633, but the motion states 663, which is the statute dealing with motions to vacate judgment), which seeks to vacate, in part, the Court's August 29, 2023 minute order granting (in part) petitioners' motion for attorney's fees pursu...

Excerpt: ...rt, rule 1312 and exercising its discretion. The court starts its analysis with the well- established law that trial dates are firm. "To ensure the prompt of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain." (Cal. Rules of Court, rule 3.1332.) "It is the duty of the trial court to vigorously insist upon cases being heard and decided in the most timely manner unless ...

Excerpt: ... to comply with court orders compelling discovery, including ordering him to appear at deposition, which has resulted in evidence sanctions, and failed to pay monetary discovery sanctons. This court has already issued the following sanctons against defendant: 1. A June 2, 2022 Order compelling further responses to request for production, form interrogatories, and request for admissions, and ordering sanctions of and a January 10, 2023, Order impo...

Excerpt: ...d the motion until October 31, 2023, five days after the stay is lifted. If the bankruptcy stay is still in effect at the time of the hearing, the court will take the motion off calendar for plaintiff to re-noäce the motion. The court's tentative is to GRANT plaintiff's motion for summary judgment. (Code of Civ. Proc., S 437c.) This is the same tentative that the court issued for the October 17, 2023 hearing. Code of Civil Procedure section 437c...

Excerpt: ... remaining defendant in the action. According to the Complaint, defendant agreed to rent the premises on or about November 24, 2014, pursuant to a written rental agreement with plaintiff's predecessor-in-interest, at a monthly rent of $2,51N03, she has failed to pay rent but continues to hold over even after service of the three-day notice to quit or cure. On September 7, 2023, the court entered an order deeming admissions admitted and for sancto...

Excerpt: ...volving class and PAGA claims, this Court has a duty to independently determine whether a settlement is fair, reasonable and adequate. (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 76—77 ["trial court should evaluate a PAGA settlement to determine whether it is fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws." ] ; Kulla...

Excerpt: ...int to see whether they state a cause of action under any legal theory, as a matter of law. (New Livable Cal. v. Associaton of Bay Area Gov'ts (2020) 59 Cal.App.5th 709, 714—715; Genis v. Schainbaum (2021) 65 Cal.App.5th 1007, 1014.) The demurrer may be made to the entire complaint or to any of the cause of action therein. (Code of Civ. Proc., S 430.50, subd. (a).) To properly state a cause of action, a complaint must allege every element of th...

Excerpt: ...laintiff's request for attorney's fees on the grounds that Plaintiff has not stated any grounds for recovery of fees, except for Plaintiff's Third Cause of Acton for violation of Civil Code 1790, et.seq. Because Plaintiff has not stated a claim for violation of the Song-Beverly Act, Plaintiff has not asserted any viable claim for recovery of attorney's fees. Accordingly, Defendant's moton to strike Plaintiff's claim for attorney's fees is GRANTED...

Excerpt: ...ng that interest on the judgment would accrue at 10% per annum from the date of entry until paid. Matrix now moves the Court to amend the judgment to add Vitaly Golomb ("Golomb"), the sole owner and officer of Plaintiff Time Traveller, Inc. ("Time Traveller" or "Plaintiff") as a judgment debtor pursuant to California Code of Civil Procedure ("CCP") S 187. For the reasons set forth below, the motion is GRANTED. CCP S 187 empowers the trial court t...

Excerpt: ...e absence of any extrinsic evidence, the Court may "determine the parties' intentions as disclosed by the lease itself, looking at the plain language" of the contract, "viewed within the lease as a whole." (Frittelli, Inc. v. 350 N. Canon Drive, LP (2011) 202 Cal.App.4th 35, 44.) Although Paragraph 9 is titled "Indemnification of Lessor" and includes language of indemnification, the first sentence of Paragraph 9 is tantamount to an exculpatory cl...

Excerpt: ...tes that Defendant's counsel's meet and confer declaration states that the parties met and conferred via email. (Schultz Decl., '1 2.) However, CCP S 430.41 requires the parties to meet and confer "in person or by telephone." Any subsequent failure to file a meet and confer declaration will result in the matter being ordered off calendar. Defendant demurs to Plaintiff's Third Cause of Acton for Breach of Implied Warranties of Fitness and Merchant...

Excerpt: ... person or by telephone. See Cal. Code of Civ. Proc. Section 430.41. The Court, in its discretion, has ruled on the merits of the Demurrer. In future, any demurrer that is not supported by a code compliant meet and confer declaration may be ordered off calendar until a compliant declaration is filed. Defendant contends that Plaintiff's Opposition was untimely served. Reply 1:19-25. While the Opposition was timely filed, it was served via regular ...

Excerpt: ...ntiff") moves the Court to impose a nonmonetary sanction under CCP S 128.7 by striking the eight affirmative defenses put forth in Defendant Ampex Engineering and Construction Inc. ("Ampex" or "Defendant"). According to Plaintiff, the sanctions are warranted because Defendant's affirmative defenses are meritless and insuffciently supported by legal or factual argument and evidentiary support. A CCP S 128.7 motion involves strict adherence to a tw...

Excerpt: ...ended Complaint for the fifth cause of action. Defendant's Demurrer to the fifth cause of action to the extent that it claims fraudulent concealment of a defective battery know to be defective at the tme of sale of the vehicle is SUSTAINED WITH LEAVE TO AMEND. Contrary to the Code of Civil Procedure, Plaintiff fails to s#cifically allege the amount of damages claimed under this cause of achon for fraud. Further, Plaintiff fails to identify a sing...

Excerpt: ...or Plaintiff in July 27, 2023. Although Jones presented evidence that she was on maternity leave from March 28, 2023 to June 26, 2023, there is no valid excuse or explanation from the other two attorneys as to why they did not take action on behalf of Plaintiff. Indeed, Plaintiff's counsel were able to promptly file and serve the Second Amended Complaint on April 21, 2023 in the midst of Jones' maternity leave. It is further puzzling, because the...

Excerpt: ...NG: Joel Drotts brings this petition for writ of mandate requesting that this court order the Department of Motor Vehicles (DMV) to cease applying Vehicle Code section 13352, subdivision (hereinafter all statutory references are to the Vehicle Code) in an arbitrary and capricious manner found to violate his right to equal protection under the law in accordance with Code of Civil Procedure section 1085. (Amended Opening Brief and Pleading for Writ...

Excerpt: .... This court must: (1) "identify the issues framed by the pleadings because the court's sole function on a motion for summary judgment is to determine from the submitted evidence whether there is a 'triable issue as to any material fact;' " (2) determine whether the moving party has met its statutory burden of proof under Code of Civil Procedure section 437c, subdivision (o); if the moving party has met statutory burden of proof, determine whethe...

Excerpt: ...worked in California for Defendant Sutter Bay Hospitals between July 20, 2015 and January 31, 2023. On April 25, 2023, this court gave preliminary approval to the class and PAGA settlement plaintiffs and defendant. As set forth in the Declaration of Cassandra Polites on behalf of the claims administrator, Ilym Group, Inc. (Ilym), on July 21, 2023, in accordance with the preliminary approval order, Ilyrn mailed out the approved class notices to 22...

Excerpt: ...inds that the motion was timely filed. A motion for reconsideration generally must be brought "within 10 days after service upon the party of written notice of entry of the order..." (Code of Civ. Proc., S 1008 subd. (a).) The notice of entry of order was served by email on September 15, 2023 and the moton was filed on September 27, 2023, making the motion timely when adding the two days for the electronic service. The court denies the motion for...

Excerpt: ...r Judicial Notice (RJN) is GRAN ED. (Evid. Code Sect. 452(c).) Background. Plaintiff's 11-17-22 FAC alleges that Plaintiff Mboma started working as an for Defendant DPR Constructon in 2020. Plaintiff alleges that Defendants discriminated against her due to her race/national origin and her pregnancy/sex, that Defendants harassed and retaliated against her, and ultmately terminated her. Plaintiff's FAC asserted 20 total causes of action, six (6) of...

Excerpt: ...uction Inc. ("Ampex" or "Defendant") is an employer required under the California Labor Code to carry workers' compensation insurance. According to the Complaint, Defendant obtained this coverage from State Compensation Insurance Fund ("SCIF") but failed to pay the amounts requested on SCIF's "premium bills" or "final audit statements" covering the period of June 6, 2016 to November 26, 2018. SCIF sent three "premium bills" to Ampex: a bill for $...

Excerpt: ...(FAC) does not relate back to the filing of the original complaint because the FAC is based on a primary right different from the one pleaded in the original complaint. The argument is unpersuasive. Relevant to this demurrer, Defendant makes two (1) Entwio, which contains the antibody vedolizumab, which binds to a protein identified as a4ß7 and (2) a product (unnamed in the pleadings) that contains an antibody that binds to a protein identified ...

Excerpt: ...tion of this claim alleged in his First Amended Cross-complaint. A crosscomplainant meets his or her burden of showing there is no defense to a cause of action if that party proves each element of the cause of action entitling the party to judgment on the cause of action. Civ. Proc. S 437c(p)(1).) Once the cross-complainant meets that burden, the burden shifts to the cross- defendant to show that a triable issue of one or more material facts exis...

Excerpt: ...how that (1) the plaintiff was in actual peaceful possession of the premises at the time of the entry; (2) a forcible entry has ucurred: i.e„ either that the entry was nonconsensual or not pursuant to "orderly legal pruess;" (3) plaintiff was deprived of possession either by the unlawful entry or by separate conduct; and (4) plaintiff is seeking to ræover possession. (Cal. Prac. Guide Landlord-Tenant Ch. 7-A, S 7:18, et seq.) The declarations ...

Excerpt: ...e had an Informal Discovery Conference ("IDC") with the Court. Here, no IDC was conducted in this action prior to Plaintiff's August 7, 2023 Motion to Quash. The Motion is subject to denial for this reason, as well as on its merits. Medical Records Subpoena Defendant's medical records subpoenas seek medical records including: All written and electronic medical documents pertaining to the history, care, treatment and/or examination of Wisam Ibrahi...

Excerpt: ...ures LLC v. Kings Mountain Road LLC et al. (23-CIV-02211), and Zambezi Creek Road LLC v. Kings Mountain Road LLC et al. (23-ClV02214). All three cases relate to flooding during atmospheric river storms in Northern California, which each of the respective Plaintiffs allege was caused by the actions of Defendants. Zambezi Creek Road LLC v. Kings Mountain Road LLC et al. (23-ClV-02214) Defendant moves to strike certain portions of Plaintiffs' operat...

Excerpt: ...erty Ventures LLC v. Kings Mountain Road LLC et al. (23-CIV- 02211), and Zambezi Creek Road LLCv. Kings Mountain Road LLC et al. (23-ClV02214). All three cases relate to flooding during atmospheric river storms in Northern California, which each of the respective Plaintiffs allege was caused by the actions of Defendants. Woodside Property Ventures LLC v. Kings Mountain Road LLC et al. (23-ClV-02211) Defendant moves to strike certain portions of P...

Excerpt: ...t al. (23-ClV-02210), Woodside Property Ventures LLC v. Kings Mountain Road LLC et al. (23-ClV-02211), and Zambezi Creek Road LLC v. Kings Mountain Road LLC et al. (23- CIV02214). All three cases relate to flooding during atmospheric river storms in Northern California, which each of the respective Plaintiffs allege was caused by the actions of Defendants. Emygd-us Holdings, LLC, et al. v. Kings Mountain Road LLC, et al. (23-ClV-02210) Defendant ...

Excerpt: ...a preference to a petitioning party over age 70 when it finds that (1) the party has a substantial interest in the action as a whole and (2) the health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. A motion for preference need only be supported by an affidavit "signed by the attorney for the party seeking preference based upon information and belief as to the medical diagnosis a...

Excerpt: ...s GRANTED in part and DENIED in part as set forth below. Defendant West Bay Sanitary District's Request for Judicial Notice is GRANTED as to all items. Defendant West Bay Sanitary District's Objections to the Declaration of Richard Li are OVERRULED as to all items. Defendant West Bay Sanitary District ("WBSD") moves here for summary adjudication of the second through fifth causes of action as set forth in the Second Amended Complaint (the "SAC")....

Excerpt: ...NISTRATIVE SERVICES LLC for residents at BURLINGAME HEALTH CARE CENTER during the time period that Ms. CYNTHIA JENNINGS was a resident at BURLINGAME HEALTH CARE CENTER. No. 22: All "review tool" manuals from which ROCKPORT ADMINISTRATIVE SERVICES LLC will any e-mail "load files" in response to the discovery requests in this First Set of Requests for Production. As part of the meet and confer process, Plaintiffs stated that they were amenable to t...

Excerpt: ...d Telios. Plaintiff's Complaint does not provide details on the relationship between her and Telios, but merely lumps Kartos and Telios together at the beginning of the Complaint as Defendants or collectively, "the Company." Plaintiff's Complaint does not allege that she entered into a contract of any kind with Telios, and the attached offer letter is only on behalf of Kartos and signed by Kartos offcers. In regard to the demurrer of Kartos, alth...

Excerpt: ...ument requests on plaintiff. On August 26, 2022, she and on November 15, 2022, she filed amended response. Efforts at informal resolution between the parties, but without an Informal Discovery Conference, failed necessitating this motion, which was filed on January 31, 2023. The motion is untimely because it was not brought within 45 days of the services of the verified amended responses. "Unless notice of this motion is given within 45 days of t...

Excerpt: ...led a declaration pursuant to Code of Civil Prmædure section 439 attesting to a proper meet and confer prior to the filing of this Motion. In the Court's discretion, the Court has chosen to overlook this procedural defect in this instance. Defendant is cautioned and reminded, however, to strictly comply with all court rules and meet and confer requirements going forward. This case is related to Case No. 23ClV02234, captioned PNC Bank N.A. v. Yin...

Excerpt: ...lists the incorrect address for the Court. (Sep. 13, 2023 Notice of Demurrer, p. 2.) The address for Department 4 is 800 North Humboldt Street, San Mateo, California 94401. The First Amended Complaint (the "FAC") asserts ten causes of action against Fidel and Guadalupe regarding a dispute over ownership to a mobile home situated at Space 11 of 250 San Mateo Road in Half Moon Bay (the "Property"). Fidel and Guadalupe here demur to each of these ca...

Excerpt: ...nt"). Plaintiff Jose David Sanchez, a former employee of Defendant, initially brought a complaint to the Labor Commissioner. The Labor Commissioner is empowered to hold administrative "Berman" hearings to provide an ex#ditious and less costly means to adjudicate wage claims. (Lolley v. Campbell (2CM) 28 Cal.4th 367, 372-373.) The parties settled the claim and agreed that Defendant would pay Plaintiff (via the Labor Commissioner) settlement sums a...

Excerpt: ... DENIED without prejudice. A motion for an order compelling further responses to interrogatories must file a meet and confer declaration that states "facts showing a reasonable and faith attempt at an informal resolution of each issue presented by the motion." of Civ. Proc., S 2015.010; see id., at S 2030.300, subd. he purpose of these statutory requirements is to make civil discovery self-executing, without the need for judicial intervention. (T...