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: ...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: ...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: ...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: ...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: ..., 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: ...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: ...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: ...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: ...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: ...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...

Excerpt: ...s. & Prof. Code § 17200 et seq.). The elements of a claim for usury are: “(1) [t]he transaction must be a loan or forbearance; (2) the interest to be paid must exceed the statutory maximum; (3) the loan and interest must be absolutely repayable by the borrower; and (4) the lender must have a willful intent to enter into a usurious transaction.” (Ghirardo v. Antonioli (1994) 8 Cal.4th 791, 798.) Defendant seeks summary judgment on the ground ...

Excerpt: ...nd with respect to Plaintiff's second cause of action for violation of Civil Code § 2924(a)(1) and tenth cause of action for Interpleader based upon Plaintiff's stating that she will not pursue the claim. The Court notes that Plaintiff could have save the Court and the parties time and resources if she had made this agreement during the meet‐and‐confer process. The demurrer is also SUSTAINED without leave to amend as to the seventh cause of ...

Excerpt: ...ice of the Summons and Supplemental Complaint on the grounds that Plaintiff did not seek leave to file the Supplemental Complaint pursuant to CCP § 472. Alternatively, Defendant requests that the Court set aside the default entered against Defendant pursuant to the Court's equitable powers. Defendant does not provide recognized grounds for quashing service of the summons. Indeed, Defendant provides no authority suggesting that service of a summo...

Excerpt: ...Proc. Sect. 430.10(e). The Complaint alleges Fay violated several HBOR (Homeowner's Bill of Rights) statutes, which are all deficient in some respect. The Court grants leave to amend so that Plaintiffs may attempt to remedy the defects. Civ. Code Sects. 2923.7 (single point of contact) and 2924.9 (requiring written notice to borrower explaining foreclosure prevention alternatives) do not apply to all mortgages and deeds of trust. Pursuant to Sect...

Excerpt: ...nauthorized access to his account and theft of his personal identifying information. Plaintiff does not dispute that he and Robinhood entered a binding arbitration agreement, or that Robinhood has demanded arbitration of Plaintiff's claims. Rather, Plaintiff contends that his claims do not fall within the scope of the arbitration agreement. According to Plaintiff, his claims “involve Robinhood's security of its consumer's accounts and Robinhood...

Excerpt: ...r California law because it is based on the trivial defect doctrine. However, there appears to be a split of authority as to whether the trivial defect doctrine is an aspect of the duty of care or an affirmative defense. (See Kasparian v. AvalonBay Communities, Inc. (2007) 156 Cal.App.4th 11; cf. Ursino v. Big Boy Rests. (1987) 192 Cal.App.3d 394.) As such, Plaintiff has not established that Defendants may not assert the trivial defect doctrine a...

Excerpt: ...tten contract without either attaching the written contract or alleging its material terms. See Otworth v. S. Pac. Transportation Co. (1985) 166 Cal.App.3d 452, 459 (where breach of written contract is alleged, the agreement must either be attached and incorporated by reference, or its material terms must be set forth in the pleading); Harris v. Rudin, Richman & Appel (1999) 74 Cal.App.4th 299, 307 (same). Here, the Complaint alleges the parties ...

Excerpt: ...nt is not entitled to relief under Code of Civil Procedure section 473, subdivision (d) because Defendant cannot establish that the judgment is void without relying on extrinsic evidence— i.e., the truth of matters asserted in Plaintiff A.J.E. Investment Group, LLC's memorandum and declaration offered in support of its motion for summary judgment. (See Def.'s Request for Judicial Notice (RFJN), Exs. 3 and 7.) “In determining whether an order ...