Excerpt: ...lobal Enterp rises, Inc., et al. v. Tim Onderko, Case No. 22 -CIV -02099, and then re -filed on January 9, 2024 in Tim Onderko v. Donald Wilson, Case No. 22 -CIV -02332, is GRANTED -in -part and DENIED -in -part. Onderko's Petition to Confirm Arbitration Award is GRANTED. Ond erko's request for an award of interest on the Arbitration Award is GRANTED in the amount of $83,243.95. Onderko's request for an award of attorney's fees and costs is pri...

Excerpt: ...mily home fo r $9 million. Escrow closed on the house on November 7, 2013. (Final Statement of Decision, filed Jan. 9, 2024, at p. 3.) After moving in, the plaintiffs discovered numerous flaws in the home's construction. (See id., at pp. 6 -7, 10 -25.) On January 9, 2024, the Honorable Marie S. Weiner (retired) issued a final statement of decision and judgment after court trial in favor of plaintiffs, awarding them $1.2 million in damages, for...

Excerpt: ...rvice of written notice of entry of this order, unless the parties stipulate otherwise. (Cal. Rules of Court, rule 3.1320(g); Code Civ. Proc., § 472b.) Defendants Janet Wyler Griggs, Thomas S. Griggs, and Ash 1031 LLC's Demurrer to the First Amended Complaint and Motion to Strike portions of the First Amended Complaint are MOOT in light of the Court's ruling. The Court GRANTS LEAVE TO AMEND to plaintiffs Bruce K. Pederson, individually and as co...

Excerpt: ...ly Bil l 218 (“A.B. 218”) and became effective January 1, 2020. (See former Code. Civ. Proc., § 340.1, repealed by Stats. 2022, c. 444 (A.B. 2959), § 1, eff. Jan. 1, 2023, and then repealed by Stats. 2023, c. 655 (A.B. 452), § 1, effect. Jan. 1, 2024.) The Dist rict previously brought a motion for judgment on the pleadings to the second amended complaint arguing that A.B. 218 was unconstitutional. The court denied this motion, finding tha...

Excerpt: ... 64.6. The parties settled this case in 2021 and agreed that the court should retain jurisdiction pursuant to Code of Civil Procedure section 664.6. (Ex. 1 to the Request for Dismissal filed April 5, 2021, ¶ 11.) The parties' Stipulation states at parag raph 1 that plaintiff and defendant agree that in the event of a breach, judgment shall be entered in favor of plaintiff and against defendant in the sum of $11,840.25 plus costs of suit and pre...

Excerpt: ...notice of entry of the order. (Code Civ. Proc. § 2025.410, subd. (d).) The court GRANTS both parties' request for judicial notice, but not for the truth of the matters within the documents. A party to litigation has the right to obtain information to support hi s or her claims or defenses. That right is broad. (Code Civ. Proc. § 2017.010, Gonzalez v. Superior Court (1995) 33 Cal.App.4th 1539, 1546.) The right is not without limits and as Farrel...

Excerpt: ... roduction of documents (RFPs). The court GRANTS plaintiff's request for judicial notice (“RJN”). (Evid. Code, § 452, subd. (d).) However, the court only takes judicial notice that Commissioner Mau held an informal discovery conference (IDC) on December 4, 2023 and there are minutes from the IDC. As much as this court respects Commissioner Mau and the decision he makes, the statements that he or any judicial officer makes during an IDC are n...

Excerpt: ...itted on February 8, 2024. The court modifies Local Rule 3.403(b)(iv) (amended effective January 1, 2024) regarding the wording of proposed orders. Plaintiff shall submit an order which incorporates the tentative and the non- contradictory language in the submi tted proposed order. On August 29, 2023, the court granted preliminary approval to this class and PAGA (Private Attorney General Act) settlement. The court stated in its tentative and ado...

Excerpt: ...l Procedure Section 397(a). As Defendants point out, Cal. Code of Civil Procedure Section 395.5 provides: A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county where the principal place of business of such corporation is situated, subject to the power of the court to change the place of trial as in other cases. Pl...

Excerpt: ... than ten (10) days after service of written notice of entry of the formal order. As a preliminary matter, the notice of demurrer is defective, as it fails to state “the nature of the order being sought and the grounds for issuance of the order.” (Cal. Rules of Court, rule 3.110(a).) However, the memorandum of points and authorities sufficiently sets out the information so as to provide notice to Plaintiff Safeco Ins. Co. of America (“Safec...

Excerpt: ...of Au gust 31, 2023. Based on this alleged nonpayment, Plaintiff served Defendants a “Notice to Pay Rent or Quit” pursuant to CCP § 1161(2) which provides Defendants with ten days to pay the owed rent in full —or, if Defendants fail to cure the default within 10 days, compels Defendants to vacate and deliver up possession of the premises within 30 days of service of the Notice. (Ex. B to Compl.) The parties do not dispute that the tenancy ...

Excerpt: ...o Coi t's form interrogatories, set one, special interrogatories, set one, and request for production of documents, set one. The Court also ordered that Plaintiff pay $645.00 in sanctions within 30 days of notice of the Order. Plaintiff failed to comply. In a te ntative order issued on March 24, 2023, the Court denied Coit's unopposed first motion for terminating sanctions. In a tentative order issued October 17, 2023, the Court denied without p...

Excerpt: ...TENTATIVE RULING: Plaintiff's Motion for an Award of Expert Witness Costs is DENIED. Plaintiff is the prevailing party. However, for the reasons stated in granting in part Defendant's Motion to Tax Costs, which is also on this Law & Motion calendar, the P laintiff did not obtain a more favorable result than its CCP §998 offer and is therefore not entitled to these costs. Plaintiff's CCP §998 offer was $160,000. The jury's verdict was $147,119.3...

Excerpt: ...must allege facts to s how: “(1) outrageous conduct by the defendant; (2) the defendant's intention of causing or reckless disregard of the probability of causing emotional distress; (3) the plaintiff's suffering severe or extreme emotional distress; and (4) actual and proximate causation of the emotional distress by the defendant's outrageous conduct.” (Yau v. Santa Margarita Ford, Inc. (2014) 229 Cal.App.4th 144, 160 –161.) Fo...

Excerpt: ...e basis that AB 218 retroactively strips statutory governmental immunity from public entities, in violation of Article XVI, § 6 of the California Constitution, which prohibits gifts of public funds where there is no enforceable claim. The Demurrer is OVERRULED, as follow s. Each parties' requests for judicial notice are GRANTED pursuant to Cal. Evidence Code Section 452(c), (d). Standard on Demurrer In ruling on a demurrer, the Court treats it �...

Excerpt: ...ing date of February 28, 2024 by the required 16 court days, plus five additional calendar days for service by mail, as required by Code of Civil Procedure, sections 12c and 1005, subdivision (b), the final day to serve notice of this hearing by mail was Janua ry 29, 2024. “The principal purpose of the requirement to file and serve a notice of motion a specified number of days before the hearing (§ 1005, subd. (b)) is to provide the opposi...

Excerpt: ... Proce dure, section 473 provides that a court may, in its discretion and after notice to the adverse party, allow an amendment to a pleading upon any terms as may be just. (Code Civ. Proc., § 473, subd. (a)(1).) The court's discretion will usually be exercised liberally to permit amendment of the pleadings. (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428 (Howard).) “The policy favoring amendment is so strong that it is a rare...

Excerpt: ...urt DE NIES defendant's request for judicial notice. It is unclear if the parties satisfied the requirements to have an Informal Discovery Conference, but if the requirement has not been met, the court waives the requirement since the parties have had multiple c onferences with the civil commissioner. The court notes that the parties raise several collateral issues in their briefing. In ruling on the motion, the court only considered facts rele...

Excerpt: ...ding o f proposed orders. The court will sign the proposed order submitted on February 9, 2024 with the date of the hearing changed to February 21, the date for the final approval hearing filled in, and any other changes that are appropriate based upon this tentative. The court adopts the language in the proposed order as part of its tentative ruling. The proposed order shall be submitted electronically through the clerk's office. On January 30...

Excerpt: ...itted on January 26, 2024. The court modifies Local Rule 3.403(b)(iv) (amended effective January 1, 2024) regarding the wording of proposed orders. Plaintiff shall submit an order which incorporates the tentative and the non- contradictory language in the submi tted proposed order. On August 23, 2024, the court granted preliminary approval to this class and PAGA (Private Attorney General Act) settlement. This case is the third case involving sim...

Excerpt: ...plain t is DENIED. Plaintiff and Cross -defendant Montgomery Sansome, L.P.'s Request for Judicial Notice is GRANTED as to all items, but only for the existence of these documents as court records and not for the truth of any fact therein. (See Lockley v. Law Off ice of Cantrell, Green, Pekich, Cruz & McCort (2001) 91 Cal.App.4th 875, 883 –884.) Defendant and Cross- complainant Nathalie Anne Gachot's papers reference a request for judicial notic...

Excerpt: ... efendants Brius, LLC, Brius Management Co., Rockport Healthcare Support Services, LLC, San Mateo Wellness GP, LLC, San Mateo Healthcare & Wellness Centre, LP, Susan Ehrlich, Nora De Leon, Bryan Guillermo, Shirley Faller, Kristine Guillermo, Chester Kuna ppilly and Shlomo Rechnitz (collectively “Defendants”) to the First Amended Complaint (“FAC”) of Plaintiffs Rosario Custodio (“Rosario”), et al. (collectively “Plaintiffs”) is rul...

Excerpt: ...ve plea ding, the pleading is OVERRULED. However, Plaintiff's Complaint on its face discloses a fatal defect which requires the Court to instead render judgment on the pleadings in favor of Defendant. Plaintiff has failed to comply with statutory notice requirem ents. “Due to the summary nature of [an unlawful detainer] action, a three -day notice is valid only if the landlord strictly complies with the provisions of section 1161, subdivision 2...

Excerpt: ... Relief is DENIED. The Court's tentative ruling from December 28, 2023, as modified, is restated here. The controversy involves the Opperman's October 15, 2021 application to build an Accessory Dwelling Unit ADU on their property, which cross defendants denied. The project is referred to interchangeably in the Cross- Complaint as the “ADU” and the Opperman Application.” (Cross- Complaint ¶¶7 and 19.) The Opperman's Fifth Cause of Action ...

Excerpt: ...a nd DENIED IN PART. Defendants David M. Bragg and Silicon Valley Real Ventures, LLC shall pay $10,000 to Plaintiffs' counsel no later than March 8, 2024. Plaintiffs move here for terminating sanctions, monetary sanctions, and a finding of contempt with re spect to Defendants David M. Bragg and Silicon Valley Real Ventures, LLC (“SVRV”). They contend that sanctions and contempt are warranted by Bragg's and SVRV's refusal to comply with the C...