Excerpt: ... § 437c, subd. (p)(1).) If the moving plaintiff satisfies this initial burden, the burden shifts to the defendant to set forth “specific facts” showing that a triable issue of material fact exists as to a cause of action or a defense. (Ibid.) Having reviewed the record, the Court finds that Plaintiff met its initial burden under Code of Civil Procedure section 437c, subdivision (p)(1) of establishing each element of its causes of action for ...

Excerpt: ...4 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.) Defendant contends her demurrer should be sustained because Plaintiff's Complaint does not allege ...

Excerpt: ...orney and counsel for defendant are to APPEAR so that testimony can be provided under oath. Zoom appearances are acceptable. The parties have not complied with the Court's order denying, without prejudice, Motion to Approve PAGA Settlement and Dismissal of PAGA Action. The Court expressly required that Plaintiff posit his own declaration in support of a renewed motion and append the Confidential Settlement Agreement and Release that settled his n...

Excerpt: ...nts that they are willing to participate in ADR and are agreeable to the same ADR procedure. If so, the court may order the case referred to the court's ADR Analyst. Local Rule 3.904 further states that if a case is at issue and all counsel and self‐represented parties have indicated in their CMC statements that they are willing to participate in ADR and willing to proceed to the same ADR process, the case will be referred to the ADR department...

Excerpt: ...ty located at 567 Price Street in Daly City (“property”). The First Amended Complaint (“FAC”) alleges claims for partition and quiet title. A trial was held before Judge Buchwald, and a Statement of Decision issued on December 19, 2016. (See Sabharwal Decl., Exh. A, Statement of Decision (“SOD”).) The SOD states that the parties stipulated at trial that bank mortgage payments were paid directly to the bank by checks from Plaintiff in ...

Excerpt: ...022. Plaintiff's objections 1 through 12 to Declaration of Joshi are overruled. The motion for summary judgment filed by Plaintiff Northern California Collection Service, Inc. is GRANTED. Plaintiff's moving evidence establishes all of the elements of the Complaint, thereby meeting Plaintiff's burden. (Code of Civ. Proc. § 437c, subd. (p)(1).) The burden shifts to Defendant Darius K. Joshi to offer admissible evidence to establish that a triable ...

Excerpt: ...ted below, Defendant Tesla Energy Operations, Inc.'s Demurrer to Plaintiff's 3‐18‐22 First Amended Complaint (FAC), which is addressed only to the FAC's Second Cause of Action (alleging a violation of Bus. & Prof. Code Section 17200), is OVERRULED. Code Civ. Proc. Section 430.10(e), (f). The Section 17200 claim is not clearly time‐ barred on the face of the pleading. The Court previously granted (in part) Tesla's Motion for Judgment on the ...

Excerpt: ...ordered EXPUNGED. A court must expunge a lis pendens if the pleading on which the lis pendens is based does not contain a real property claim. (Code of Civ. Proc. (“C.C.P.”) § 405.31.) A party possesses a real property claim where the cause of action in a pleading would, if meritorious, affect "title to, or the right to possession of, specific real property." (Code Civ. Proc. § 405.4.) Defendant argues that the First Amended Complaint (“F...

Excerpt: ...quests is DENIED for the reasons set forth below. At the IDC held in this matter on February 24, 2022, the parties agreed that Defendant would serve unverified responses to Plaintiffs' discovery requests, and make an application for appointment of a GAL by March 18. The parties also agreed that Defendant would serve verifications within two weeks following the appointment of the GAL. Defendant provided supplemental unverified responses to the dis...

Excerpt: ...al. (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.) Plaintiff Carol and Charles Oushani (Plaintiffs) allege common counts for “money had...

Excerpt: ...s that the moving party on a demurrer attempt to speak with the party who filed the pleading. Simply exchanging emails is not enough. In this case, the declaration of counsel for Defendant does not clearly indicate whether counsel made any attempt to speak to counsel for Plaintiff. Nonetheless, the Court will consider the merits of the Demurrer in the interests of moving this case forward and in light of its tentative ruling below—which overrul...

Excerpt: ... moving party on a motion to strike attempt to speak with the party who filed the pleading. Simply exchanging emails is not enough. In this case, the declaration of counsel for Defendant does not clearly indicate whether counsel made any attempt to speak to counsel for Plaintiff. Nonetheless, the Court will consider the merits of the Motion to Strike in the interests of moving this case forward and in light of its tentative ruling below—which d...

Excerpt: ...Partners, LLC dba Half Moon Bay Golf Links (Defendant) claims $3,619.40 in deposition costs, but has only established that it is entitled to $3,537.65, as evidenced by the invoices. (See Streza Decl., ex. B [pp. 007 to 009].) Defendant does not adequately explain the discrepancy between the invoices and the amount claimed in its Memorandum of Costs (Costs Memo). Plaintiffs have withdrawn their objections to the invoiced amount. The Court therefor...

Excerpt: ...ntract, false claims, and unfair competition. On June 14, 2021, VLS filed its own cross‐complaint against the City for breach of contract, breach of the implied covenant of good faith and fair dealing, and claims arising under section 1983 of title 42 of the United States Code. I. BACKGROUND On December 19, 2017, after a competitive bidding process, the City awarded VLS a contract for construction of the Five Cities Lift Station, and modificati...

Excerpt: ...at he Plaintiff will prevail on the claim for punitive damages under Section 3294. Section 3294 requires proof of malice, oppression or fraud by clear and convincing evidence. As noted by the Opposition, this request appears to be premature given the preliminary nature of discovery taken in this case so far. Plaintiff presents no deposition testimony of any party, and no deposition testimony of any witnesses. In the moving declaration of counsel,...

Excerpt: ...rs, which is 123 pages with Exhibits A through J. In violation of CRC Rule 3.1110(f) and Local Rules, the document exhibits ARE NOT BOOKMARKED. Failure to do so in the future, will result in the filed documents being stricken! The matters is in dispute appear to be Requests for Production Nos. 8 and 36. The privilege log was not presented, and thus is not in dispute. A constitutional right to financial privacy is asserted by Malaspina, but was no...

Excerpt: ...13:11; 16:10‐13. The terms are not irrelevant, false or improper. Code of Civil Procedure § 436(a). The terms are relevant to the claim for punitive damages. Taylor v. Superior Court (1979) 24 Cal.3d 890, 895 (“conscious disregard of the safety of others may constitute malice within the meaning of section 3294 of the Civil Code.”). DENIED as to the request to strike attorneys' fees under Civil Code § 1942.4. See Snatchko v. Westfield LLC ...

Excerpt: ... causes of action, for the reasons set forth below. 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, 18. The demurrer admits the truth of all material facts properly pleaded (i.e., all ultimate facts alleged, but no...

Excerpt: ...ft, Inc.), and which seeks monetary sanctions against Dmarcian, is GRANTED‐IN‐ PART and DENIED‐IN‐PART, as set forth below. Code Civ. Proc. Sect. 1987.1. Plaintiff argues the two subpoenas are overbroad because they seek documents that are irrelevant, privileged and/or subject to privacy rights. Plaintiff does not argue undue burden. Dmarcian argues the requested documents are directly relevant to Plaintiff's asserted claims and Dmarcian'...

Excerpt: ...ntiff's Complaint alleges causes of action for breach of contract and common counts based on: (1) an open book, (2) an account stated, (3) money had and received, (4) goods sold and delivered, (5) money lent, and (6) money paid. However, Plaintiff's MPA in support of the motion for summary judgment attempts to demonstrate that Plaintiff has established claims for breach of contract, an open book, and an account stated. (MPA, p.3‐6) Accordingly,...

Excerpt: ...at a claim for contractual indemnity requires that a judgment in an earlier action be entered in order for indemnity to apply. Since the Complaint does not allege that a judgment in the Asian Square Action has been entered, the claim for express indemnity is premature. Plaintiffs do not dispute this. Instead, Plaintiffs argue that the “hold harmless” obligation in MSA paragraph 1.7(a) is something different from indemnity ‐‐ that “hold ...

Excerpt: ...de Civ. Proc. Sect. 430.10(e). Groeneweg's Demurrer does not dispute whether the Complaint sufficiently alleges a fiduciary duty owed to Plaintiff. (See Mot. at 10) (Groeneweg stating: “although not at issue for purposes of demurrer, Plaintiff will be unable to prove that Groeneweg owed any fiduciary duty to Plaintiff. Although Plaintiff may have sufficiently pled the existence of such a [fiduciary] relationship, the true facts show that Groene...

Excerpt: ...he same rental unit, the same defendant, and same habitability issues, indicating there are similar issues of fact,” and that both matters will involve the same expert and lay witnesses. MPA, p.3‐ 4. Plaintiffs contend that, as a result, consolidation would conserve judicial resources and reduce unnecessary costs for the parties. Although the cases involve the same rental unit, the cases involve different parties and allege different events t...

Excerpt: ...25.450; 2023.030(a). The motion to compel defendant Fernandez's deposition is GRANTED. Without discounting whatever health issues defendant may be facing, defendant has not provided sufficient evidence establishing that he is unable to sit for a deposition. This case is 1½ years old. The right to depose an adverse party is a basic discovery right. The need for a translator is irrelevant; one can be provided. Breaks can be taken, if needed. Plain...

Excerpt: ...; RAHIM AMIDHOZOUR, AN INDIVIDUAL; AMIDI, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY TENTATIVE RULING: Defendants' motion to compel compliance with subpoena to Law Office of Camelia Mahmoudi is granted as to Document Categories (j) and (k). The motion is denied as to all other categories, without prejudice to propounding a more specific subpoena. A. Objections to a Subpoena Do not Require a Privilege Log. The Code of Civil Procedure contains no ...