Excerpt: ...mon counts based on: (1) an open book, (2) an account stated, and (3) goods sold and delivered. However, Plaintiff's MPA in support of the motion attempts to demonstrate that Plaintiff has established claims for (1) an open book, and (2) an account stated. (MPA, p.5‐7) Accordingly, because Plaintiff has addressed only two of its claims, Plaintiff has not demonstrated it is entitled to summary judgment. Nonetheless, the Court finds that Plaintif...

Excerpt: ...ties on July 24, 2011 and modified October 3, 2018 to include binding arbitration of any dispute. Browning Decl., ¶6, Exh. E. The Findings and Award indicate that Respondent was properly served with the Demand to Appear at Mediation and Arbitration, Notice of Demand for Arbitration, Notice to Attend Hearing, and Claimant's Arbitration Brief. Id., at item 9. It also indicates that Respondent is liable for and shall pay to Claimant compensatory da...

Excerpt: ... the matters specified in Code of Civil Procedure section 1179.11. (See Code of Civ. Proc., § 1179.11, subd. (a).) Consistent with this requirement, Plaintiff's Cover Sheet states that “Plaintiff has not received a communication from the defendant that defendant has applied for governmental rental assistance to cover the rent or other financial obligations demanded from the defendant in this action.” (Plaintiff's Mandatory Cover Sheet and Su...

Excerpt: ..., the Court granted Plaintiff's motion to deem facts admitted. As result, Defendant has admitted the following facts: (1) she applied for a credit card with Plaintiff; (2) she accepted Plaintiff's invitation to open a credit card account with the number ending in 8176; (3) she received a card with that number; (4) she received a customer agreement with the card; (5) the agreement provided that, by using the card, she agreed to be bound by the ter...

Excerpt: ...n Lei's Asset Disclosure Exhibit A containing a list of Ms. Lei's real properties in London and Macau; (2) those portions of Ms. Lei's Asset Disclosure Exhibit B, containing a list of Ms. Lei's bank or financial accounts; (3) those portions of Ms. Lei's Asset Disclosure Exhibit C, containing a list of Ms. Lei's personal property valued at over $10,000; and (4) those portions of Kei Leung's document production containing Mr. Leung's financial docu...

Excerpt: ... the complaint within ten days after this action was commenced. (See Labor Code section 2699(l)(1). The Court does not see evidence that the complaint was filed with LWDA within that ten day period. Second, the parties shall explain why they decided to have any uncashed checks escheat to the general fund rather than select a cy pres recipient whose mission is to fulfill the purposes of PAGA. Third, it is unclear the amount Plaintiff is seeking fo...

Excerpt: ...losed: Plaintiff Michael D. Liberty and I previously worked at the same law firm until Mr. Liberty left the firm over 20 years ago and were co‐counsel on at least one matter over five years ago. While we were colleagues, we socialized on occasion at firm functions. More recently, Mr. Liberty was opposing counsel on a matter I was handling just before my appointment to the bench. I do not believe I have socialized with Mr. Liberty for at least 8...

Excerpt: ... the merits at trial (Robbins v. Superior Court (1985) 38 Cal.3d 199, 206) and (2) the interim harm that the plaintiff is likely to sustain if the injunction were denied as compared to the harm that the defendant is likely to suffer if the preliminary injunction were issued. (Shoemaker v. County of Los Angeles (1995) 37 Cal.App.4th 618, 624–625.) Mandatory preliminary injunctions are “rarely granted.” The granting of a mandatory injunction ...

Excerpt: ...e facts supporting the FAC with sufficient specificity to support a COA for fraud under the requisite heightened pleading standards. Plaintiff argues that the specific individuals at Defendant Tesla or Lux that had knowledge of or perpetrated the false statement about forthcoming title are presently unknown. In light of that information being unavailable to Plaintiff, the FAC should not be found lacking in sufficient particularity with respect to...

Excerpt: ...vide “reasonable notice in writing of his or her intent to enter and enter only during normal business hours.” Whether Plaintiff provided adequate notice of entry, however, is not a proper ground for demurrer in this unlawful detainer action. Plaintiff does not allege that the Notice to Enter provided grounds for termination of the lease. Rather, Plaintiff's Complaint is based on Defendant's alleged violation of a 3‐Day Notice to Cure or Qu...

Excerpt: ...on for premises liability and the second cause of action for negligence, the FAC does not allege the existence of a statutory duty. A cause of action against a government entity like CalTrans must plead “every fact essential to the existence of statutory liability . . . with particularity, including the existence of a statutory duty. . . Since the duty of a governmental agency can only be created by statute or ‘enactment,' the statute or ‘e...

Excerpt: ...fifth, ninth, and tenth affirmative defenses is overruled. Each defense (unclean hands, waiver/estoppel, equities, respectively) allege that “Plaintiff's unauthorized draws from reVIS' corporate account contributed and/or caused considerable debt to the company leading to its demise and the damages that Plaintiff alleges reVIS has sustained.” (First Am. Ans. at 3 & 4.) Each of these defenses alleges that someone other than Defendants (i. e., ...

Excerpt: ... Plaintiffs reached out to Cirrus to schedule the PMQ depositions at issue on October 22 and October 29, 2021. Smith Decl., ¶ 2. Plaintiffs received no response. Id. On January 12‐13, 2022, Plaintiffs served notices for the Zoom video conference depositions of Cirrus's PMQs to take place on dates between January 31 and February 21, 2022. Id., ¶ 3. Cirrus responded that, because it was preparing for a four‐week trial beginning on February 15...

Excerpt: ...on Subpoenas For Financial Records Of Plaintiff; Request For Monetary Sanctions Against Mercedes-Benz Financial Services USA LLC And Its Attorney Jointly And Severally In The Amount Of $3640.00. Pro Tem Judge James Fleming, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to s...

Excerpt: ...ber 1, 2020, Plaintiff sent the following email to Defendants, which provides in relevant part: From: Debra Myers Subject: Re: 202 14th Avenue Date: November 1, 2020 at 9:26:15 AM Good Morning Sue and Bob, […] I accept that the move is real and I will be leaving my home of 34 years. That said, I am still uncomfortable with the reason I have to leave. I have contacted a friend of mine who is a tenant rights[‘] attorney and I have attached some...

Excerpt: ...n Plaintiff, Plaintiff has disobeyed the order, Plaintiff has here been given the opportunity to be heard regarding that disobedience, and Plaintiff has not offered any explanation for that disobedience. The Court entered the following order on June 9, 2021: Defendant TESSA EVANGELINE WIGTON's motion to compel plaintiff Andrea L. Ramos to supply verified objection‐free responses to Second Special Interrogatories, First Supplemental Interrogator...

Excerpt: ...ecause she has not established that she first sought relief from the Labor Commissioner before bringing this Motion. (See Labor Code, § 98, subd. (f); see also Jones v. Basich (1986) 176 Cal.App.3d 513, 518.) Defendant seeks to vacate the judgment under Code of Civil Procedure section 473, subdivision (b) on the ground that the Labor Commissioner sent the notice of hearing and other papers to an incorrect address; thereby, depriving Defendant of...

Excerpt: ... ) ) Case No.: 19CIV02280 Assigned for All Purposes to Hon. Danny Y. Chou ORDER GRANTING SUMMARY JUDGMENT The Motion for Summary Judgment of Defendant Ocean Colony Partners, LLC dba Half Moon Bay Golf Links (Motion) came for hearing before this Court on March 10, 2022 at 2:00 p.m. All parties appeared through their counsel. Having considered all papers filed in support of and in opposition to the Motion, oral arguments of the parties, all testimo...

Excerpt: ...INC.; AETNA HEALTH MANAGEMENT, LLC and AETNA LIFE INSURANCE COMPANY, Plaintiffs, v. THE ALLERGY AND ASTHMA CLINIC; ANDREW ENGLER, M.D., and DOES 1‐25, inclusive, Defendants. RICARDO LARA, as California Insurance Commissioner, on behalf of the Department of Insurance and the People of the State of California Intervenor. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: CIV536118 Assigned For All Purposes to Hon. Danny Y. Chou ORDER D...

Excerpt: ...HEALTH MANAGEMENT, LLC and AETNA LIFE INSURANCE COMPANY, Plaintiffs, v. THE ALLERGY AND ASTHMA CLINIC; ANDREW ENGLER, M.D., and DOES 1‐25, inclusive Defendants. RICARDO LARA, as California Insurance Commissioner, on behalf of the Department of Insurance and the People of the State of California Intervenor. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: CIV536118 Assigned for All Purposes to Hon. Danny Y. Chou ORDER DENYING DEFEND...

Excerpt: ...5, inclusive Defendants. RICARDO LARA, as California Insurance Commissioner, on behalf of the Department of Insurance and the People of the State of California Intervenor. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: CIV536118 Assigned for All Purposes to Hon. Danny Y. Chou ORDER DENYING DEFENDANTS' MOTION FOR BIFURCATION The Motion for Bifurcation (Motion) filed by Defendants The Allergy and Asthma Clinic (Clinic) and Andrew Eng...

Excerpt: ...interpretation and treat the demurrer as admitting all material facts properly pleaded.” (Guerrero v. Pacific Gas & Electric Co. (2014) 230 Cal.App.4th 567, 571.) 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, at p. 571.) In an...

Excerpt: ...s $61,133.75 = $79,611.74, divided by three = $26,537.25). Request for judicial notice is GRANTED. Plaintiffs' 12‐20‐21 Memorandum of Costs seeks $140,745.49 in total costs. Vanguard moves to tax a $61,133.75 fee charged by Plaintiffs' retained expert, Jason Fries of 3D Forensics, Inc., for creating a 3D video animation for use at trial. Vanguard also contends the requested costs should be reduced by 2/3 because Plaintiffs entered into a sepa...

Excerpt: ...and D, and as to the record of official legislative acts contained therein pursuant to Cal. Evidence Code § 452(c), but not as to the truth of hearsay statements contained in the documents or their legal interpretations. See, e.g., Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113; StorMedia, Inc. v. Superior Court (1999) 20 Cal.4th 449, 457. Respondents' Demurrer to the First Cause of Action in Petitioner's Amended V...

Excerpt: ...LICE'S AT SKYLONDA, INC.; and DOES 1 THROUGH 10, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 17‐CIV‐03724 Assigned for All Purposes to Hon. Danny Y. Chou ORDER GRANTING MOTION TO COMPEL Defendants Richard K. Rogers and Alice's at Skylonda, Inc.'s Motion to Compel Further Response to Defendants Requests for Production of Documents, Set Three (Motion) came for hearing before this Court on March 3, 2022 at 2:00 p.m. All parties appeared thro...