Excerpt: ...a case by Plaintiff against Defendant and not the contents therein, which are hearsay in the present action. “The court cannot accept as true the contents of pleadings … in the other action just because they are part of the court record of file. Such documents are inadmissible hearsay in the present case.” Weil & Brown, Cal. Practice Guide, California Civil Procedure Before Trial (TRG 2021) ¶7:15.1, citing Day v. Sharp (1975) 50 Cal.App.3d...

Excerpt: ... the attorney's client and the third party, the disclosure must be reasonably necessary to achieve the purpose for which the attorney was retained, and the disclosure must have been with a reasonable expectation that the disclosed material remain confidential. 1. The Parties Must Have a Common Legal Interest. “Common interest” has never been defined, but cases imply that it means more than “common goal” or “common hope.” Instead, it m...

Excerpt: ... that “the Premises is not subject to the just‐cause nor relocation assistance requirements contained in Civil Code section 1946.2 because of Landlord's compliance under Civil Code section 1946.2(e)(8).” Complaint, Ex.2, p.1. According to Defendant, however, the Notice violates the Act because “Plaintiff has never provided Defendant with written notice that the Premises is exempt from the TPA,” as required under Civil Code § 1946.2(e)(...

Excerpt: ...proposed Cross‐Complaint is compulsory because the causes of action arise out of the same transactions or occurrences as the causes of action in the Complaint. (See C.C.P. § 426.10(c); see also ZF Micro Devices, Inc. v. TAT Capital Partners, Ltd. (2016) 5 Cal.App.5th 69, 82‐84.) The allegations in the proposed Cross‐ Complaint concern Plaintiff Mehrdad Elie's (“Plaintiff”) investment for which Defendants claim Plaintiff is improperly d...

Excerpt: ... 2023.030 BY DEFENDANTS HAYLEY ZEMEL AND ERIK VAN WALDEN TENTATIVE RULING: Defendants' unopposed motion to compel further responses to form interrogatories, special interrogatories, requests for admission, and requests for production is GRANTED, in part, and DENIED, in part, for the reasons set forth below. Defendants' motion to compel Plaintiff's attendance at an oral deposition is DENIED without prejudice to Defendants' ability to re‐notice P...

Excerpt: ...d have been filed as separate documents. (See Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before Trial (The Rutter Group 2021) § 7:162.1.) Therefore, Defendant is advised to do so in the future. The Demurrer to the Exemplary Damages Allegations is OVERRULED. Defendant contends the Exemplary Damages Attachment fails to state facts sufficient to constitute a cause of action. However, this Attachment only seeks additional damages (see Compl., Exempl...

Excerpt: ...te documents. (See Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before Trial (The Rutter Group 2021) § 7:162.1.) Therefore, Defendant is advised to do so in the future. The Demurrer to the Exemplary Damages Allegations is OVERRULED. Defendant contends the Exemplary Damages Attachment fails to state facts sufficient to constitute a cause of action. However, this Attachment only seeks additional damages (see Compl., Exemplary Damages Attachment) and...

Excerpt: ...stablishing that it is entitled to summary judgment. Plaintiff's Motion for Summary Adjudication to the open book account claim is GRANTED. Plaintiff presents evidence to establish all the elements of an open book account claim for $2,884.84. (See Plaintiff's Statement of Undisputed Material Facts nos. 1, 3, 4, 6, 7; see also Dorr Decl. ¶ 11.) Defendant Michael Delacruz failed to oppose this motion, and therefore fails to raise a triable issue o...

Excerpt: ...d March 21, 2022 has the Court making a finding that the Settlement was entered into in good faith pursuant to Code of Civil Procedure § 877.6, proposed order at 2, when the memorandum of points and authorities does not discuss any of the factors that the Court must consider under Tech‐Bilt, Inc. v. Woodward‐Clyde & Assocs. (1985) 38 Cal.3d 488, to find a good faith settlement. Background This is a PAGA and putative class action regarding ov...

Excerpt: ...teenth affirmative defense provides: “As a separate and affirmative defense, defendants contend that plaintiffs' complaint, each cause of action thereof and/or remedies sought are barred by the doctrine of estoppel.” SAA, ¶ 14. As noted by Plaintiffs, the answer must aver facts “as carefully and with as much detail as the facts which constitute the cause of action and which are alleged in the complaint.” Weil & Brown, Cal. Prac. Guide Ci...

Excerpt: ... Judicial Notice is GRANTED. (2) Demurrer to the First Cause of Action for Negligence, Second Cause of Action for Premises Liability and Fifth Cause of Action for Negligent Infliction of Emotional Distress by Jared is SUSTAINED WITHOUT LEAVE TO AMEND. Defendant demurs that these claims fail because Jared has not and cannot allege compliance with the Government Claims Act. (See Defendant's Request for Judicial Notice, Exh. A.) Jared concedes in op...

Excerpt: ...eration fails to comply with section 1008 lacks merit. This is not a motion for reconsideration under Code of Civil Procedure section 1008, subdivision (a). It is a renewed motion under subdivision (b), which requires showing “what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.” (Code of Civ. Proc. § 1008, subd. (b).) In a...

Excerpt: ...dens recorded 1‐31‐22. As alleged in the Complaint and not disputed, BG purchased the property in foreclosure. Plaintiffs' Complaint does not name BG as a defendant. There is no allegation BG is related to the named defendants, or that BG engaged in any wrongdoing relating to the sale. BG is merely the buyer. BG intervened in the case for purpose of filing the present motion to expunge the lis pendens. The parties dispute BG's claimed status ...

Excerpt: ...'s Second Amended Complaint on the grounds that Plaintiff has “padded the complaint with a meritless tort claim and an unjust enrichment claim based on Defendant's counsel's communications.” MPA, p.2. Defendant notes that, “From the date of October 26, 2020 forward, the [parties'] attorneys communicated exchanging their relative positions and settlement positions as to the disputed Employment Agreement and enforceability of the document and...

Excerpt: ...R REVOCABLE TRUST DATED JUNE 12, 2014 TENTATIVE RULING: Plaintiff's Motion to Compel Further Responses to Special Interrogatories is GRANTED in part pursuant to Cal. Code of Civ. Proc. § 2030.300(a). Defendants Saeed Amidi and Rahim Amidhozour are hereby ordered to produce further written, verified responses, without objections, to Special Interrogatories (Set One) number 16. Defendant Amidi, LLC is hereby ordered to produce further, written, ve...

Excerpt: ... 8.54(c) (“A failure to oppose a motion may be deemed a consent to the granting of the motion.”). With the possible exception of the Seventh Cause of Action (alleging fraud), all asserted claims (the First Cause of Action (professional negligence), the Second Cause of Action (negligence); the Third Cause of Action (breach of fiduciary duty), the Fourth Cause of Action (conversion), the Fifth Cause of Action (IIED), the Sixth Cause of Action (...

Excerpt: ...p.m. Nelson Goodell appeared on behalf of Plaintiff Laura Blue. Samantha Chugh and Terry Bates appeared on behalf of Defendants. Having considered all papers filed in support of and in opposition to the Motion, oral arguments of the parties, all testimony and evidence presented at the hearing, and all other pleadings and papers on file herein, the Court DENIES the Motion. I. LEGAL STANDARD “ ‘ “To secure summary judgment, a moving defendant...

Excerpt: ...ns received or generated from November 1, 2020 to present, relating to the management” of Respondent's open spaces and the Parks and Recreation and Open Space Management Plan. Exhibit 1 to the Declaration of Scott Rennie in support of Respondent's Opposition filed January 28, 2022 (“Rennie Decl.). On March 19, 2021, Respondent informed Petitioner that it needed more time to review documents. On April 1, 2021, Respondent determined that there ...

Excerpt: ...in this case DENIES Plaintiff's motion to reopen discovery for the reasons set forth below. Plaintiff filed this action in September 2019, and the case was initially set for trial in December 2020. Due to the Covid‐19 pandemic, trial was continued to January 26, 2022. Plaintiff served an Expert Witness Disclosure on Defendants on December 6, 2022. Liang Decl.. ¶ 6; Ex. C. Plaintiff's current counsel, Sam Fareed, was substituted into this case ...

Excerpt: ...Motion tentative rulings. For the reasons stated below, having reviewed the parties' briefing and supporting evidence, and in exercise of the Court's discretion, the Court hereby DENIES Petitioners Coalition of Pacificans for an Undated Plan et. al.'s (“Petitioners”) Motion for Sanctions, filed 2‐7‐22. Code Civ. Proc. Sects. 128.5, 128.7. Petitioners seek sanctions against Real Parties in Interest Javier Chavarria (“Chavarria”) and Vi...

Excerpt: ... 439. The statutory “meet and confer” requirement requires that the party filing a motion for judgment on the pleadings must meet and confer with the opposing party in‐person or by telephone. Section 439(a)(3) requires a declaration identifying “the means by which the moving party met and conferred …” The Le Roux Declaration does not comply with the statute. Second, Plaintiff/Petitioner filed a Notice of Appeal seeking trial de novo r...

Excerpt: ...t to arbitrate these claims exists. Instead, Plaintiff claims that the arbitration agreement is unconscionable because Defendant put the onus on Plaintiff, as the employee, to opt out of the arbitration agreement. The party opposing arbitration has the burden of proving that the arbitration provision is unconscionable. (Ajamian v. CantorCO2e, L.P. (2012) 203 Cal.App.4th 771, 795.) Unconscionability has both a procedural and substantive element, a...

Excerpt: ...es of action. See Weil & Brown, California Practice Guide: Civil Procedure Before Trial §7:129 (TRG 2021) (Although leave to amend is routinely granted, it is proper to deny amendment when the complaint shows on its face that it is incapable of being amended.). After the Court sustained the Scopazzi Defendants demurrer to the Second Amended Complaint finding that there were no facts alleged which demonstrated justifiable reliance on the alleged ...

Excerpt: ... to demonstrate that there are additional facts, which would state a cause of action, the Court finds that based upon the facts previously alleged and the omissions from the original complaint, which were omitted in the First and Second Amended Complaints, further amendment would be futile. (See Weil & Brown, California Practice Guide: Civil Procedure Before Trial §7:129 (TRG 2021) (Although leave to amend is routinely granted, it is proper to d...

Excerpt: ...er properly served. Specifically, he contends he did not live at the stated Redwood City address at the time of alleged service. Defendant also contends that at the time of alleged service, he was not living with “Mary Tuiaki,” the person identified in the Proof of Service as Defendant's “co‐tenant,” to whom copies of the Summons and Complaint were allegedly handed. Defendant states he did not receive actual notice of the Judgment until...