Excerpt: ...”) brings a motion for sanctions pursuant to Code of Civil Procedure §§ 128,5 and 128.7 against certain attorneys at Hunt & Henriques. For the reasons set forth below, the motion is DENIED. First, the motion does not meet the requirements of Code of Civil Procedure §§ 128.7(c)(1) and 1010 because the motion served on Plaintiff/Cross‐ Defendant fails to provide the date, time, department and location of the court. Accordingly, the motion i...

Excerpt: ...imine, evidentiary objections can be made at any time. The Court finds that it is more efficient to decide evidentiary issues before trial and finds that the other parties will suffer no prejudice by a pre‐trial ruling about the admission of evidence. This is especially true because Defendants made their objection in the Joint Pretrial Conference Statement filed August 11, 2021. Defendants stated: If the Court were to permit Plaintiff to bring ...

Excerpt: ...est to take judicial notice of the interrogatories. Weil & Brown, California Practice Guide: Civil Procedure Before Trial section 7.1 (TRG June 2022 update) (can take judicial notice of plaintiff's inconsistent discovery responses but not opposing party's respnses). However, the Court accepts the responses for the fact that Plaintiff can plead additional facts to toll the statute of limitations. Plaintiff's objections to Defendants' Request for J...

Excerpt: ... deems any irregularity in service waived by Plaintiff. (See Carlton v. Quint (2000) 77 Cal.App.4th 690, 697, as modified (Feb. 2, 2000).) The Court OVERRULES Defendant Julio Cesar Escobar's Demurrer to Plaintiff Kriss Miranda's Complaint for the reasons set forth below. Defendant argues that Plaintiff's Complaint, which asserts a single cause of action for unlawful detainer, fails to state a cause of action because Plaintiff lacks standing becau...

Excerpt: ... that Defendant had an intent to defraud Plaintiff, a necessary element for both causes of action. According to Defendant, “Weiss has no evidence that Gupta had any intent to defraud her beyond his failure to deliver on his alleged promises.” MPA, p.5. Defendant also notes that he “sent an email to his superior, the Chief Executive Officer, requesting permission to hire Weiss, which negates any argument he never intended to hire Weiss.” I...

Excerpt: ...pursuant to Cal. Code of Civ. Proc. § 437c(p). Defendant's Objections to paragraphs 10 and 11 of the Moore Decl. are SUSTAINED. The remaining objections are OVERRULED. Cal. Code of Civ. Proc. § 437c(b)(1) provides that an MSJ “shall be supported by affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken.” A defendant has met his or her burden of showing that a...

Excerpt: ...RULED on the ground that the Court has no jurisdiction over these claims. United contends that these claims are preempted by the Railway Labor Act (“RLA”) because there is a collective bargaining agreement (“CBA”) between United and Defendant Association of Flight Attendants‐CWA, AFL‐CIO (“Union”) that governs these claims. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack, or fr...

Excerpt: ...Y KATHRYN LOW; MONETARY SANCTION FOR $1,500.00 FOR DEFENDANT'S WILLFUL VIOLATION OF COURT ORDERS AND EXHIBITS TENTATIVE RULING: Plaintiff David Weiner's Motion to Compel Further Responses to Requests for Production (Set One) is and Request for Monetary Sanctions (Motion) is GRANTED IN PART and DENIED IN PART. 1. Requests for Production (RFP) Nos. 6–7 On July 8, 2021, this Court granted in part and denied in part Plaintiff's motion to compel fur...

Excerpt: ...s Motion as a “repeat” of Defendants' 2021 motion to stay this case pending resolution of Defendants' earlier‐filed federal court case appears to be inapt. In denying Defendants' 2021 motion to stay, this Court stated that the motion may be renewed “if any only if” the federal district court issued a “conflicting ruling.” (See Sept. 28, 2021 Order.) As Plaintiff correctly notes, the federal district court has issued no “conflictin...

Excerpt: ...in the complaint are sufficient to allege any cause of action. Witkin, California Procedure (6th ed. 2021) Pleading §953. Plaintiff is self‐represented. At the very least, Plaintiff has alleged facts in the Second Amended Complaint that Defendant Nash yelled at Plaintiff Rodriguez, told her to get off of “his” property, and slammed Plaintiff's right foot on the door. Plaintiff also alleges facts that she sustained personal injuries from th...

Excerpt: ...nd serve her First Amended Complaint on or before August 12, 2022. Requests for Judicial Notice are GRANTED. Plaintiff Maka filed a Complaint that is styled only as a complaint to set aside judgment. But the basis of the Complaint is that the Court lacked personal jurisdiction over her, in that service of process was defective or false. Further the enforceability of the original judgment expired but was renewed within the 10 year period. “Defec...

Excerpt: ...ories and Requests for Production Directed to Defendants Laikun Lei (“Laikun”) and Kei Leung (“Kei”) is (1) GRANTED, IN PART, AND DENIED IN PART, Laikun's redacted bank records (bates nos. LEI‐000065–LEI‐000070 and LEI‐000078); (2) DENIED, WITHOUT, PREJUDICE, as to Laikun's credit card information and most recent statements (Special Interrogatory no. 5 (“Rog”), Request for Production no. 11 (“RFP”), Laikun and Kei's credit...

Excerpt: ...rpose of providing Caltrans additional time to conduct discovery relating to this Motion. Viewed objectively, the evidence presented by the parties suggests that settling Cross‐ Defendant Jose Enriques Bucio, who admits having fallen asleep while driving and having collided with Plaintiff/Plaintiff's vehicle, would likely be found the most culpable party at trial. Plaintiff apparently claims more than $20,000,000 in damages, yet Cross‐Defenda...

Excerpt: ..., is GRANTED‐IN‐PART and DENIED‐IN‐PART, for the reasons stated below. Background. Petitioner Husain is a former BPPD police officer. The Second Cause of Action in Petitioner's 9‐30‐21 Amended Petition alleges that Respondent BPPD violated provisions of the Brown Act by improperly holding “closed session meetings” to discuss and decide disciplinary actions against officers (alleged “whistleblowers”) who challenged/raised conce...

Excerpt: ...er responses (Interrogatories) And rules as follows: As for request for documents: A. Privilege Log Required As to: OBG: 4, 5 Siem 4, 5, 24, 31, 32, 35 reVIS 6, 8, 9, 18 Andrew Oldham 4, 24, 35: The motion is granted in part, denied in part. All defendants state that they will produce all nonprivileged documents, implying that privileged documents will not be produced. Therefore, Defendants must supply a privilege log. (Code of Civ. Proc. § 2031...

Excerpt: ...s (“Plaintiff”) Complaint. The Complaint alleges that Plaintiff purchased a vehicle from Hyundai Burlingame (“dealership”), and that the purchase of the vehicle came with a warranty by Defendant that was breached in violation of the Act. (See Defendant's Request for Judicial Notice, Exh. 1.) Defendant contends in this Motion that the Retail Installment Sale Contract (“RISC”) between Plaintiff and the dealership contains an arbitration...

Excerpt: ...sement unit at 284 Mastick Avenue, San Bruno, CA 94066 (Property). (FAC, ¶ 3.) The unit was represented to Plaintiff as a legal one‐bedroom, one‐bathroom apartment, but it was actually not a legally rentable unit because the Property only had a certificate of occupancy as a duplex, and not as four individual units. (Id., ¶¶ 13, 19.) Defendants also allowed “dangerous housing conditions” to persist, including, but not limited to, inadeq...

Excerpt: ...“NIED”) by Plaintiff Melanie Cole in her individual capacity), is SUSTAINED without leave to amend, for the reasons stated below. Code Civ. Proc. Sect. 430.10(e). The rules for a demurrer are well known: In reviewing the demurrer, the Court construes the allegations liberally, reading the complaint as a whole, with a view to substantial justice between the parties. Code of Civ. Proc. § 452; Saxer v. Philip Morris Inc. (1975) 54 Cal.App.3d 7,...

Excerpt: ...f Action for Intentional Misrepresentation, Second Cause of Action for Negligent Misrepresentation and Third Cause of Action for Interference with Economic Advantage and Opportunity is OVERRULED. Defendant raises several arguments as to why these causes of action fail, all of which rely on Defendant's contention that there is a collective bargaining agreement (“CBA”) between Defendant and United Airlines, Inc. (“United”) such that these c...

Excerpt: ...lleged loss. Plaintiff's demurrer, however, fails for several reasons. First, Plaintiff has not established that Plaintiff's counsel met and conferred in good faith. Plaintiff's counsel's declaration contains no specific information about counsel's meet and confer efforts. Second, Plaintiff's notice of motion does not identify the grounds on which the demurrer is made, in violation of CCP § 1010 and CRC § 3.1110(a). Third, Plaintiff's demurrer ...

Excerpt: ...e is shown to the adverse party, the liberal rule of allowance prevails.” (Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 564.) Following the reversal of summary judgment by the Court of Appeal, Plaintiff seeks to amend its complaint by: (1) deleting three causes of action rejected by the Court of Appeal; (2) adding a cause of action for judicial foreclosure; and (3) correcting, clarifying, and adding factual allegations to support the other th...

Excerpt: ...iff's First Amended Complaint (FAC). This case stems from Plaintiff's unlawful detainer action, Case No. 19UDU00203. In that case, the parties entered into a Stipulation to Vacate Premises and to Transfer Unlawful Detainer Action to Civil Calendar (Stipulation). The Stipulation provides that “Plaintiff's claim for monetary damages, including but not limited to back rent, remains at issue in this matter. The parties stipulate and request that th...

Excerpt: ...sy v. Regents of the University of Cal. (2008) 44 Cal.4th 876, 883 (Miklosy).) 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.) Finally, a “general demurrer does not ...

Excerpt: ...ixth causes of action. According to Defendants, those causes of action are barred by the California Uniform Trade Secret Act (CUTSA) and the economic loss rule. As explained below, the Court disagrees and therefore overrules the Demurrer in its entirety. A. Facts These facts are taken from the Complaint for Injunctive Relief and Damages (Complaint or Compl.). Blatt and Beigelman are the founders and former officers of Alios Biopharma Inc. (Alios)...

Excerpt: ...may exercise general jurisdiction only when a defendant is ‘essentially at home' in the State. General jurisdiction, as its name implies, extends to “any and all claims” brought against a defendant. Those claims need not relate to the forum State or the defendant's activity there; they may concern events and conduct anywhere in the world. But that breadth imposes a correlative limit: Only a select “set of affiliations with a forum” will...