Excerpt: ...ake Health Care Center (2018) 6 Cal.5th 474, 482, 483. Here, Defendant's demurrer is based in part on the argument that Plaintiff's Complaint does not include a “[t]he requisite documents in order to establish a foundation for the ownership of the subject property.” Opp. 3:5‐7. To the extent this argument is based on more than whether the landlord acquired the property at a regularly conducted sale and thereafter duly perfected its title, i...

Excerpt: ...ty of San Mateo (Defendant) from 2007 to 2019 pursuant to an independent contractor agreement. (FAC, ¶¶ 6‐19.) Plaintiff alleges that “beginning in early 2019,” Defendant “began to change the terms of [Plaintiff's] employment,” which effectively changed her status from independent contractor to employee. (Id., ¶ 16.) After Plaintiff filed an EEOC Complaint against Defendant, Defendant allegedly “terminated” her. (Id., ¶¶ 19‐2...

Excerpt: ... seek any monetary relief. In her first through fifth causes of action under the Fair Employment and Housing Act (FEHA), however, Plaintiff does seek monetary relief. Although Defendant acknowledges that Plaintiff's FEHA claims are not subject to the Government Claims Act (GCA), it nonetheless argues that Plaintiff's sixth cause of action is subject to the GCA based solely on the claims for monetary relief in her FEHA causes of action. The Court ...

Excerpt: ... opposition was served. If any party has any objections to the Court considering Plaintiffs' opposition, the party shall properly contest the tentative and appear at the hearing. Cross‐Defendant County of San Mateo's motion to stay discovery as to all parties is GRANTED in part and DENIED in part for the reasons set forth below. The County filed the present motion after Defendant Blair filed his motion for a protective order or, in the alternat...

Excerpt: ...error in law, occurring at the trial and excepted to by the party making the application. (Code of Civ. Proc. § 657(6) & (7).) (Notice of Intent to Move for New Trial at 1.) A. The Order Granting Summary Judgment Was Not Against Law. A verdict or order is against law “only if it was ‘unsupported by any substantial evidence . . . .'” (Fergus v. Songer (2007) 150 Cal.App.4th 552, 567.) Defendant's motion does not argue that Plaintiff's evide...

Excerpt: ...Mr. Corrinet. Judge Fineman has been the single assigned judge on this case since December 8, 2020. The Court, after considering the record and weighing the factors, exercises its discretion to dismiss pursuant to Code of Civil Procedure §§ 583.410 et seq. and California Rules of Court rule 3.1240. The Court, therefore, GRANTS Plaintiff's motion and VACATES the trial date and all other dates. While it may be unusual to dismiss a case a day befo...

Excerpt: ...AVE TO AMEND, and SUSTAINED IN PART WITHOUT LEAVE TO AMEND. 1. Legal Standard On a demurrer, the Court must “assume the truth of the facts alleged in the complaint and the reasonable 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....

Excerpt: ...im's second demurrer. (See Mar. 30, 2022 Demurrer, p. 1 [“Defendants Joseph and Suzie Kim (hereafter ‘Defendants'), will and hereby do generally and specifically demurrer [sic] to Plaintiffs Carol and Charles Oushani's, [sic] Complaint”].) But subsequent demurrers are not prohibited as a matter of law. (McAllister v. County of Monterey (2007) 147 Cal.App.4th 253, 282 [“[w]hile it is true that no statute specifically authorizes the procedu...

Excerpt: ...nts' motion to strike references Exhibits A and B in a “Table of Exhibits.” However, it appears that no Table of Exhibits has been filed. The Court finds the meet‐and‐confer requirement satisfied. If there are future demurrers or motions to strike, Plaintiff is to follow‐up on her representation that she would respond to a request to talk on the phone to discuss the issues. Courts have construed the failure to oppose a motion as having ...

Excerpt: ... 2022 are likewise vacated. The Court sets a Trial Setting Conference for September 20, 2022 at 9:30 a.m. No statements are necessary for the Trial Setting Conference. A motion for continuance is addressed to the sound discretion of the trial court. Oliveros v. County of Los Angeles (2004) 120 Cal.App.4th 1389, 1395. This Court reaches its conclusion after considering all the factors and exercising its discretion. The Court starts its analysis wi...

Excerpt: .... (California Rule of Court Rule 3.1110(f)(4); San Mateo County Superior Court Local Rule 3.3.) “Rules of Court have the force of law and are as binding as procedural statutes as long as they are not inconsistent with statutory or constitutional law.” (R.R. v. Superior Court (2009) 180 Cal.App.4th 185, 205.) Plaintiff's Moving Request for Judicial Notice includes 10 exhibits across 100 pages. The failure to comply with Court Rules imposes an ...

Excerpt: ...‐confer requirement satisfied. If there are future demurrers or motions to strike, Plaintiff is to follow‐up on her representation that she would respond to a request to talk on the phone to discuss the issues. Courts have construed the failure to oppose a motion as having an abandonment of the claims. See Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20 (“Plaintiff did not oppose the County's [motion] to this portion of their seve...

Excerpt: ...2022 Cross‐Complaint pursuant to Code Civ. Proc. Sect. 425.16 (the anti‐SLAPP statute), is GRANTED‐IN‐PART and DENIED‐IN‐PART. Legal standard. Resolution of an anti‐SLAPP motion involves two steps. In the first step, the moving party (here, Cross‐Defendant Richard George) bears the burden of establishing that the challenged claim(s) arise from protected activity. If the [moving party] makes this required showing, the burden shifts...

Excerpt: ... cause of action (declaratory relief) are identical verbatim to the second cause of action in case number 20‐ CIV‐04592 (“Pending Action”). The allegations of the second cause of action (writ of mandate) are substantively verbatim to the third cause of action in the Pending Action. The two added sentences in paragraphs 72 and 74 of the present Complaint present nothing to substantively distinguish the second cause of action from the Pendi...

Excerpt: ... in connection with the anti‐SLAPP motion (including a related motion for fees and costs), not those incurred in other aspects of the action.” (Tukes v. Richard (2022) 81 Cal.App.5th 1, 6.) “[B]ecause the anti‐SLAPP provisions refer to attorney fees and costs without indicating any restrictions on how they are to be calculated, we accordingly presume that the Legislature intended courts use the prevailing lodestar adjustment method.” (K...

Excerpt: ...sserted in Case No. 17CIV03349, for unpaid legal fees. Plaintiff alleges that Defendant agreed to submit three separate payments of $25,000, with the final payment to be made “from the settlement or judgment proceeds received by Syed Ali Husain from the resolution of a separate action captioned Husain v Wasau Business Insurance Company, et al., Los Angeles County Superior Court, Case no. BC691736, in which Syed Ali Hussain and his wife, Khurshe...

Excerpt: ...le statutes of limitations, barred for failure to plead exhaustion of administrative remedies in compliance with the Government Claims Act, and barred by prosecutorial immunity. Defendant is correct as to each point, and Plaintiff has not demonstrated a reasonable probability that his Complaint can be successfully amended. Statute of Limitations Plaintiff's Complaint alleges acts or omissions causing damage to Plaintiff on February 8, 2016, more ...

Excerpt: ...econsideration Motion #1). On July 6, 2022, Plaintiff filed a Motion to Contest Tentative Ruling Dated 06‐30‐2022; Motion for Reconsideration; Memorandum of Points and Authorities; Declaration (Reconsideration Motion #2). On July 8, 2022, Plaintiff filed Declaration 3 of Plaintiff Andrada in Support to her Motion for Consideration on Her Request for Entry of Default Judgment Against Defendant Arman Baghbanbashi (Reconsideration Motion #3.) Al...

Excerpt: ...t cause of action alleges “various forms of indebtedness” (McBride v. Boughton (2004) 123 Cal.App.4th 379, 394), including an open book account, accounted stated, money lent, money paid or laid out to or for the defendant at her request and for the loan issued by the plaintiff upon the defendant's request. The Motion, however, only addresses the claim of an open book account. Summary adjudication of the common count claim based on an open boo...

Excerpt: ...or All Purposes to Hon. Danny Y. Chou ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES The Motion for Summary Judgment or, in the Alternative, Summary Adjudication of Issues (Motion) filed by Defendants Jaye Morris and Brett Kinigstein (collectively, Defendants) came for hearing before this Court on August 25, 2022 at 2:00 p.m. All parties appeared through th...

Excerpt: ...s (Reconsideration Motion #1). On July 6, 2022, Plaintiff filed a Motion to Contest Tentative Ruling Dated 06‐30‐2022; Motion for Reconsideration; Memorandum of Points and Authorities; Declaration (Reconsideration Motion #2). On July 8, 2022, Plaintiff filed Declaration 3 of Plaintiff Andrada in Support to her Motion for Consideration on Her Request for Entry of Default Judgment Against Defendant Arman Baghbanbashi (Reconsideration Motion #3....

Excerpt: ...e 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, 571.) 2. First Cause ...

Excerpt: ...e a cause of action. The First Amended Complaint alleges that Plaintiffs Jeannie and Annie Hung gave money to Defendant to use as a down payment to buy a residence to be occupied by Defendant and by Plaintiff Edmond Hung as their family home. They raised a family there, although Defendant Edmond Hung left the family in 2014 and stopped making any payments towards the house. Plaintiffs allege that Defendant – seven years after Edmond left – so...

Excerpt: ...VISION REQUEST FOR SANCTIONS IN THE AMOUNT OF $1,810.00 AGAINST DEFENDANT CITY OF REDWOOD CITY AND THEIR ATTORNEY OF RECORD ATTORNEY LISA K. RAUCH, ESQ. & HOWARD ROME MARTIN & RIDLEY, LLP TENTATIVE RULING: Plaintiff's Motion to Quash Defendant's Subpoenas to medical providers is DENIED. The Court finds that Plaintiff's alternative Motion for a Protective Order to modify the subpoenas to medical providers is GRANTED, in part, pursuant to Code of C...

Excerpt: ...AC, ¶ 19. Plaintiffs allege that, with knowledge of the purchase offer, Defendants agreed to a new five‐ year lease of the restaurant premises with one five‐year option to renew. SAC, ¶¶ 18‐20. Plaintiffs further allege that Defendant Yamei Lu subsequently “broke her agreement stating that she would only accept a five (5) year lease with no option to renew with the new Buyers.” SAC, ¶ 24. Plaintiffs allege that, as a result of Defen...