Excerpt: ... DENIED without prejudice. A motion for an order compelling further responses to interrogatories must file a meet and confer declaration that states "facts showing a reasonable and faith attempt at an informal resolution of each issue presented by the motion." of Civ. Proc., S 2015.010; see id., at S 2030.300, subd. he purpose of these statutory requirements is to make civil discovery self-executing, without the need for judicial intervention. (T...

Excerpt: ...z, Rebecca Yuhasz, Chase Yuhasz and Max Yuhasz (collectively "Plaintiffs") is OVERRULED. The FAC alleges a single cause of action for Declaratory Relief. Plaintiffs allege that an actual controversy exists between Plaintiffs and Defendants regarding the amount of attorneys' fees and costs, if any, to which Defendants are entitled to Plaintiffs' recovery from the Fire Victim Trust. (FAC 33.) Defendants claim they are entitled to the entire contrac...

Excerpt: ...he ground of fraud or mistake. Cal. Code of Civil Procedure Section 338(d). Plaintiff's cause of action for fraud is based on events that took place from July to September of 2017. Complaint, 99, 16. This action was filed more than three years later, on September 20, 2021. This cause of action is therefore time-barred on the face of the Complaint, and the Demurrer is SUSTAINED on this basis. Defendant additionally argues that the Complaint fails ...

Excerpt: ...econd, and Eighth Causes of Action, arguing that they do not sufficiently state a cause of action. The Court finds that these three claims are adequately pled at the pleading stage, for the reasons stated below. Legal standard. A demurrer is used to challenge defects that appear on the face of the pleading, or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer assumes all fact...

Excerpt: ...Against Defendant Vital Restoration and Counsel," filed Aug. 8, 2023, is GRANTED-IN-PART and DENIED-IN-PART, as set forth below. Plaintiff's Aug. 8, 2023 Request for Judicial Notice is GRANTED. (Evid. Code Sect. 452(d).) All objections are waived; the right to respond to Interrogatories by producing documents is also waived. As set forth in the supporting Klapperich declarations and attached exhibits, Defendant failed to serve timely responses to...

Excerpt: ...tatus (eighth), disability (ninth), and disability (tenth), on the grounds that Plaintiff "fails to plead what the alleged harassment was, who allegedly harassed her, when they allegedly harassed her, how the alleged harassment was tied in any way to a protected characteristic, and how the alleged harassment created a hostile work environment." (MPA, p.l.) According to Defendant, "In the absence of any after three opportunities to save her claims...

Excerpt: ...n in propria persona. CCP S 391.7(a). In support of his demurrer, Defendant attaches to a declaration the following: a copy of the vexatous litigants list which includes an entry for "Leslie Fields" with no middle initial, an excerpt from the docket from a San Bernardino County case, Madrigal v. Fields, Case No. SCVSS 111685 ("the San Bernardino County case") which contains a notation for "Prefiling Order — Vexatious Litigant" on January 9, 201...

Excerpt: ...ta Platforms, Inc. shall produce the records identified in the subpoena no later than fifteen (15) days after service of written notice of the formal order. Petitioner Daniel Golenda here seeks to enforce a domesticated subpoena duces tecum served on Respondent Meta Platforms, Inc. ("Meta") on June 29, 2023. The subpoena asks for business records circumscribed to those that may be used to identify the anonymous defendant of a pending acton filed ...

Excerpt: ...imple collection case seeking an unpaid portion of a loan for approximately $11,Cü3. Plaintiff seeks $5,495.65 in costs follow-ng entry of judgment in their favor. Defendant seeks to tax $4,648.15 in costs. These costs solely pertain to two writs of attachment—an original writ and an amended writ—which Plaintiff sought following Defendant's request of a trial de novo. A prevailing party is entitled to certain costs as a matter of right. CAL....

Excerpt: ... this Defendant, on a case that has been pending for years, and after discovery concluded, and after motions for summary judgment were heard. No gtnd cause is given for the delay. Further, the affirmative defense fails to state a viable defense, as it is evident from the motion that the Floating Home Residential Law does not apply to Docktown Marina. Defendant asserts that evidence has been obtained showing that 8 slips at Docktown Marina had sho...

Excerpt: ...ut by CCP S 386 and relevant caselaw. As an initial matter, this motion lacks a proof of service as required by California Rules of Court Rule 3.1300(a), and therefore there is no indication that any party to this action received requisite notice. The Court previously noted this omission when denying Plaintiff's previous motion to distribute interpleader funds. A proof of service is a basic requirement of any motion, and Plaintiff's moton can be ...

Excerpt: ...njunctive relief, and the sixth cause of action for declaratory relief. Defendant's Demurrer to the Complaint as to the third cause of action for an accounting is SUSTAINED WITH LEAVE TO AMEND. An action for accounting lies when the complainant sues for recovery of an unascertained amount that cannot be determined without an accounting. (St. James Church v. Superior Court (1955) 135 Cal.App.2d 352, 259.) The third cause of action is based on the ...

Excerpt: ... threshold matter, the Court finds that the Complaint is the operative pleading. The Complaint alleges one cause of action for motor vehicle negligence against Defendant Brayan Florian Perez ("Defendant"). On November 4, 2020, the Court granted Plaintiff leave to file a First Amended Complaint to add a punitive damages claim against Defendant. (See November 4, 2020 Minute Order.) The Court also denied without prejudice Plaintiff's Motion for Leav...

Excerpt: ...tte Sun Group, LLC's and Evan Haskell's Demurrer to Plaintiff TGA Franklin F299 LLC's First Amended complaint is SUSTAINED WITH LEAVE TO AMEND as discussed below. Plaintiff TGA Franklin F299 LLC is to file a Third Amended Complaint no later than ten (10) days after service of written notice of the Court's ruling. PlaintiffTGA Franklin F299 LLC's Request for Judicial Notce is DENIED as irrelevant. (Licudine v. Cedars-Sinai Medical Center (2016) 3 ...

Excerpt: ...trict high school. (See San Mateo Union High School District v. Educational Testing services (N.D. cal., Aug. 30, 2013, No. C 13-3660 saA) 2013 WL 4711611.) For the reasons stated below the court DENIES defendant San Mateo Union High School District's (District) Motion for Judgment on the Pleadings, filed Aug. 18, 2023, directed to Plaintiff's November 8, 2022 Second Amended Complaint (SAC). The court grants defendant's request for judicial Notic...

Excerpt: ...is no real prejudice based upon the late filing and based upon plaintiff's explanation, the court has considered the opposition. Defendant has filed a motion to unseal. No specific documents are identified.. Thus, the court assumes that defendant seeks to unseal all documents in the court file which have been sealed. On June 7, 2023, the court heard a motion to modify the protective order, which raised similar issues to the issues raised here. Th...

Excerpt: ...plaintiffs' counsel represents the plaintiffs in both cases and it appears that all defendants who have been served, appeared and not dismissed received notice of this motion. If true, the court finds that the failure to file the notice in both cases has caused no prejudice and the procedural defect will be overlooked by the court. Plaintiff is to file by 11: a.m. on October 10, 2023 and email Department 4 and all the parties, a list of all parti...

Excerpt: ...ved quickly based upon plaintiffs' representations. The oneyear rental seemed reasonable at the time to balance the parties' rights. Two years later, the case is still not at issue. The same reasons that the court granted Lei's original right to lease the property support the continuaton of this modification. The court denies both parties' request for sanctions. Plaintiffs have always taken the position that the court should not have granted the ...

Excerpt: ...tements made in plaintiffs' opposition at page 7 as there is no citation to the any evidence; therefore the court finds that Defendant's Objections to Evidence are moot. On July 17, 2023, plaintiffs filed their complaint and on July 27, 2023 served defendant Manal Elghandour. On August 29, 2023, plaintiffs requested entry of default against this defendant. On September 5, 2023, defendant moved for relief from default. The court in exercising its ...

Excerpt: ...closure of otherwise protected personnel and other files of police officers, if certain statutory provisions are satisfied. California Evidence Code secton 1043 et seq. govern such motons and provide the only mechanism for obtaining, in either criminal or civil proceedings, material made confidential by Penal Code section 832.5. Section 1043, subdivision (b) requires that the motion include: (1) identification of the proceeding, the party seeking...

Excerpt: ...Mayer communicated with his attorney concerning Plaintiff Mayer's expert testimony. Any privilege that existed between Plaintiff Mayer and his attorney as to communications regarding expert testimony was waived when Plaintiff Mayer testified as an expert at his deposition. Plaintiff has already agreed to produce such documents but stated that none exist. (Mayer Deposition, attached as Exhibit G to Moving Declaration of Varnica.) The motion is DEN...

Excerpt: ...the Court sustained Defendant's Demurrer to Plaintiffs Third Amended Complaint, in part, with respect to the second, third, fourth, fifth, and sixth causes of acton therein, without leave to amend at that time because leave to allege those causes of action was not within the scope of the leave to amend permitted by the Court's December 9, 2022 Order. The denial of leave to amend on July 10, 2023 was issued without prejudice to granting leave to a...

Excerpt: ...ich are directed to the FAC'S Third Cause of Acton, which asserts a claim for "foreclosure of mechanic's lien." As explained below, the Court finds that these arguments are not grounds for a demurrer. Defendant Rose's unopposed Request for Judicial Notice, filed 4-25-23, is GRANTED as to Ex. 1 (Evid. Code Sect. 452(d)), and GRANTED as to Ex. 2. (Evid. Code Sect. 452(h).) As to the USPS website page, the Court takes judicial notice of the contents...

Excerpt: ...42 U.S.C. 1983 Monell Liability for False Arrest in Plaintiff Chris Tagunicar's ("Plaintiff") Amended Complaint is ruled on as follows: (1) Plaintiff claims in opposition that his attorney has abandoned him and that he does not have a paid subscription for legal doctrines that he can use to support his opposition. (Plaintiff's Opposition, p.l.) However, at all times in this action, Plaintiff has represented himself in propria persona. Furthermore...

Excerpt: ...to comply with California Rules of Court and Local Rules of Court regarding electronically filed documents. Specifically, exhibits must be bookmarked. (CRC Rule 3.1110(f)(4) ["electronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit" l; San Mateo County Superior Court Local Rule 3.3 [same].) "Rules of Cour...

Excerpt: ... Memorandum of Costs and a motion to tax costs is pending hearing. This is a simple collection case seeking an unpaid portion of a loan for approximately $11,000. By this motion, Plaintiff seeks a staggering award of $63,223.50 in attorneys' fees. Plaintiff's counsel billed 118.90 hours for a lodestar of $56, 673.50, plus seeks an additional 10 hours for this fee motion. Although pursuant to contract and Civil Code section 1717, Plaintiff as prev...

Excerpt: ...UT LEAVE TO AMEND, on the basis that all claims are time-barred. All other grounds for Demurrer are thus MOOT. Respondents' 8-21-23 Request for Judicial Notice is GRANTED. In 2020, Petitioner Thomas Nussbaum filed a Petton for Writ against these same Respondents in the Alameda County Superior Court, challenging Respondents' calculation of his deceased mother's (Evelyn Clayton Nussbaum's) Medi-Cal benefits/eligibility. In April 2021, the Alameda C...

Excerpt: ...ddress. As another preliminary matter, the Court directs Counsel for both parties to comply with California Rules of Court and Local Rules of Court regarding electronically filed documents. Specifically, exhibits must be bookmarked. (Cal. Rules of Court, rule 3.1110(f)(4) ["electronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and brie...

Excerpt: ...skovitz in Support of Plaintiff Steven Herskovitz's Opposition to Motion for Summary Judgment or Summary Adjudication in the Alternative; Exhibits 12-14 of the Declaration of Jonathan Yank in Support of Plaintiff Steven Herskovitz's Opposition to Motion for Summary Judgment or Summary Adjudication in the Alternative; Paragraphs 8-12 and Exhibits 10 and 11 to the Declaration of Palmer Morrel-Samuels in Support of Plaintiff Steven Herskovitz's Oppo...

Excerpt: ...class members of "all persons who had background checks performed in connection with an application for employment with Defendant The Salvation Army between November 2, 2018 and May 17, 2021," with certain exceptions, and propose as part of the administration the "posting of a one- page summary of the Settlement Notice in a public location in each of its thrift stores." (Setareh Dec., Ex. 1, 12, 42(d) ("Settlement Agreement").) The class appears ...

Excerpt: ...rez demurrer is made on the grounds of uncertainty. (See Code of Civ. Proc., S 430.10, subd. (f).) The sole basis for the claimed uncertainty in the Complaint is a discrepancy between the amount of rent due stated in the notice to pay or quit— attached to the Complaint as exhibit a—and another notice purportedly served on Miranda and Perez three days earlier. (See Aug. 17, 2023 Complaint, exh. B; Aug. 29, 2023 Memorandum of Points & Authoriti...

Excerpt: ...THOUT LEAVE TO AMEND and OVERRULED IN PART. Defendants Marianne Onate and Emmanuel Onate shall file their answer(s) no later than ten (10) days after entry of this order. Defendants Marianne Onate's and Emmanuel Onate's Request for Judicial Notice is GRANTED. Plaintiffs Proud Thai Massage LLC's and Alexander Mayer's Request for Judicial Notice is GRANTED. The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND, with respect to the First through Eighth C...

Excerpt: ...eclaration in Defendant's demurrer filed March 24, 2023. However, because a failure to meet and confer is not grounds to sustain or overrule a demurrer, the Court proceeds to the merits of the motion. In this subrogation action, Plaintiff alleges that Defendant negligently provided professional plumbing services to Plaintiff's insured. The Complaint contains two causes of action: negligence and breach of implied warranty. Defendant demurs on vari...

Excerpt: ...LLC, PHIL STOKER, DIANE STOKER, SCOTT O'NEIL, AND DALE HUISH TENTATIVE RULING: For the reasons stated below, Defendants' Motion to Strike Punitve Damages, filed Aug. 25, 2023, which seeks to strike the punitive damages allegations in Plaintiffs' June 30, 2023 Second Amended Complaint (SAC), is DENIED. Code Civ. Proc. Sect. 435, 435. To be clear, the SAC asserts claims against a long list of defendants, generally referred to by the parties as the ...

Excerpt: ...ts tentative ruling granting the motion in part. (Jul. 7, 2023 Minute Order.) The Court ordered a sentence stricken from the Complain, as the sentence constituted an attempt to base a claim for injunctive relief on Stiles' and Johnsons' service of an eviction notice—which is protected activity. (Aug. 22, 2023 Order, pp. 3—4.) The remainder of the cause of action, comprising valid claims for injunctive relief based on non-protected activity, w...

Excerpt: ...all or may be taken." Under Aguilar v. Atlantic Richfield (2001) 25 Cal.4th 826, the party moving for summary judgment has the burden of production to make a prima facie showing that there is no triable issue of any material fact. The burden then shifts to the nonmoving party to make a prima facie showing that there is a triable issue of material fact. Cal. Code of Civil Procedure Secton 1161a(b) provides in relevant part that a person who holds ...

Excerpt: ...eet, San Mateo, CA 94401. Zoom appearances are allowed. The Court overrules the demurrer filed by Defendant Maiden Stone, Inc. as to the first, sixth, and seventh causes of action. A. First Cause of Action (Breach of Express Warranty) Plaintiffs' express warranty claim is based on Exhibit 1, which is Maiden Stone's product detail sheet. On its face, Exhibit 1 is not a typical express warranty. Express warranties, however, can be created by "Any d...

Excerpt: ...on, and judgments—but cannot take judicial notice of the truth of hearsay statements in decisions or court files, including pleadings, affidavits, testimony, or statements of fact. (Williams v. Wraxall (1995) 33 Cal.App.4th 120, 130, n. 7. ) In this case, plaintiff sued defendant in federal court. The district court granted defendant's motion to dismiss (DCR Workforce, Inc. v. Coupa software Inc. (N.D. cal., Oct. 13, 2021, No. 21-CV06066-EMC) 2...

Excerpt: ...s Mohon to Quash Service of Summons for Lack of Personal Jurisdiction is GRANTED. Plaintiff E.W.'s request for a continuance to conduct jurisdictional discovery is DENIED. Plaintiff E.W!s Requests for Judicial Notice is GRANTED. However, the Court notes that there are evidentiary issues with the documents. Since even if the Court accepts the truth of the matter in the documents, the Court denies the motion, the Court does not focus on the technic...

Excerpt: ...Grytsayenko ("Lyudmyla") and Yuriy Grytsayenko ("Yuriy") (also collectively "Plaintiffs") is DENIED for the reasons set forth below. The Complaint alleges claims for General Negligence and Premises Liability. (McCann Decl., Exh. A.) Plaintiffs claim that Lyudmyla was forced to walk toward metal cross-bracers that were a part of scaffolding with no padding or warning tape in place, and hit her head against the low-placed, unprotected metal cross-b...

Excerpt: ... has not met its initial burden and proved by a preponderance of evidence that an arbitration agreement with class action waiver provision was entered into by the parties. (Knight, Cal. Prac. Guide: Alt. Disp. Res. (Rutter, Dec. 2022 Update) 5:320.) The Court finds Defendant has not demonstrated that Plaintiff agreed to arbitration because of inconsistencies in the documents and procedures for the onboarding process. Defendant uses "the online pl...

Excerpt: ...otion for Order to Release Plaintiff and Crossdefendant Mavericks Builders' Mechanics Lien and Expunge Lis Pendens is GRANTED for the reasons set forth below. Defendants, Cross-complainants, and Cross-defendants Ryan Atkins and Meghan Concra are ordered to prepare a formal order or orders that include the required specifications of the lien and lis pendens and release Plaintiff and Cross-defendant Mavericks Builders' claim of a mechanics lien and...

Excerpt: ...filed on August 19, 2019, and this amended complaint was otherwise substantially unchanged from the initial complaint. A Second Amended Complaint was filed on January 13, 2020, alleging eight causes of action: The First COA for Breach of Contract against the seller, Betty L. Swedberg; Second COA for Fraud against Swedberg; Third COA against Swedberg for Negligent Misrepresentation, and Fourth Cause of Acton against Swedberg of violations of Civil...

Excerpt: ...intiff did not unreasonably delay its request to amend the Complaint. Additionally, the Court takes note of the rule that requests to amend are to be liberally granted. Nestle v. City of Santa Monica (1972) 6 Cal.3d 920, 939. When amendment would not prejudice and has not misled the other side, even if the request is delayed, the liberal policy of allowing amendments prevails and it is an abuse of discretion to deny leave in such a case even if s...

Excerpt: ...tos admittedly used an alias, Jose Rodrigues, while employed by Defendant Cheesecake Factory. Plaintiff stated in his Complaint that he worked there from 2019 to 2021 as a cook. Plaintiff's signature on his declaration is for his true name, and does not match any documents submitted by Defendant. Plaintiff states that he speaks very little English, and his declaration is submitted as translated from Spanish. Plaintiff denies that it is his signat...

Excerpt: ... the Court sustained with leave to amend. Watt joined in AVM's demurrer, and separately filed the instant demurrer as to Hirata's first cause of action under Labor Code S 1102.5(b) as against Watt specifically. For the reasons stated below, Watt's demurrer to the first cause of action is SUSTAINED WITHOUT LEAVE TO AMEND. Labor code section 1102.5 is a whistleblower statute, the purpose of which is to "encourag[el workplace whistle-blowers to repo...

Excerpt: ...2(d). Legal standard on demurrer. A demurrer may be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. Blank v. Kirwan (1985) 39 Cal. 3d 311, 318. A demurrer tests the legal suffciency of the pleading it is attacking, and only raises questions of law." Code Civ. Proc. Sec. 589. For the purpose of testing the sufficiency of a cause of action, the ...

Excerpt: ...d Zhiying Qui (collectively defendants). The court finds that there are not grounds under Code of Civil Procedure secton 1008 because there are no new or different facts which warrant reconsideration. All the facts were known or could have been known at the time the two prior motions for preliminary injunction were filed. A filing of a cross-complaint is not a new fact justifying reconsideration. Nor is the fact that defendants deny liability a f...

Excerpt: ... 56, 76—77 ["trial court should evaluate a PAGA settlement to determine whether it is fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws."]; Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129 (" 'The court has a fiduciary as guardians of the rights of the absentee class members when deciding whether to approve a s...

Excerpt: ...").) These have not been bookmarked in compliance with California Rules of Court rule 3.110(f)(4) or Local Rule 3.3. A court can sanction for local rules violations. (Shiheiber v. JPMorgan Chase Bank, N.A. (2022) 81 Cal.App.5th 588, 695.) Indigo is reminded to comply with all rules of court and local rules. Indigo moves here to reclassify this unlimited case to limited, contending that Plaintiffs Rajesh Yalamanchili and Olga Gritsevskaya (collect...

Excerpt: ...uirements of the local rule. Plaintiff, an employee of the San Mateo County Sheriff's Office ("SMCSO"), brings this action under Government Code section 12940 alleging hostile work environment, discrimination, retaliation, failure to prevent harassment, failure to engage in the interactive process, and failure to accommodate. As part of her Complaint, Plaintiff alleges that SMCSO has a pervasive atmosphere and pattern of sexual harassment and ass...

Excerpt: ... the case has not been brought to trial within three years. (Code of Civ. Proc. S 583.420, subd. On April 18, 2019, plaintiffs' counsel filed this action. unfortunately, plaintiffs' counsel died in or around July 2021, over two years ago, and no counsel has substituted into the case and plaintiffs have not appeared in pro per. Defendants have served this motion on plaintiffs' counsel (which is proper since there has been no substitution of attorn...

Excerpt: ... to a commercial lease. The dispute centers on whether the parties' lease agreement included/incorporated by reference an "Addendum A," which purportedly granted/provided the tenants/defendant an option to renew the lease upon its expiration. The parties participated in a July 7, 2023 court trial, which inwlved witness testimony. upon its conclusion, the Court issued a Minute Order indicating its intenton to find in favor of Defendant (tenant) an...

Excerpt: ...-motions for summary judgment. Plaintiff partially settled with four of the five defendants, leaving Defendant Matthew Klein ("Defendant" or "Klein") the sole remaining Defendant in the action. The Court granted summary judgment for Plaintiff against Klein and entered the Judgment following its Order Granting Summary Judgment on June 29, 2023. Plaintiff served the Notice of Entry of Judgment Following Order Granting Summary Judgment on Defendant ...

Excerpt: ...ss and Professions Code section 7031(b). "Except as provided in subdivision (e), a person who utilizes the services of an unlicensed contractor may bring an action in any court of competent jurisdiction in this state to recover all compensation paid to the unlicensed contractor for performance of any act or contract." (Bus. & Prof. Code S 7031(b).) Plaintiffs seek summary adjudication on the ground that Defendant was an unlicensed contractor duri...

Excerpt: ...he Complaint. PhotoGauge contends that (1) the first cause of action fails to state facts sufficient to constitute a cause of action and (2) the Court has no jurisdiction over the subject of the second cause of action. (Code of Civ. Proc., S 430.10, subds. (a), A. First Cause of Action: Breach of Contract The first cause of acton is premised upon the employment contract entered into Heslin and PhotoGauge in March 2021. (Sep. 14, 2022 Complaint, '...

Excerpt: ...claim is one upon which an attachment may be issued, (2) plaintiff has established the probable validity of the claim, (3) the attachment is not sought for any purpose other than to secure recovery on the claim, and (4) the amount to be secured is greater than zero. CCP S 484.090. Except as otherwise provided by statute, a claim is one upon which an attachment may be issued: (1) in an action on a claim or claims for money, (2) based upon a contra...

Excerpt: ...ristopher Dunn Cust(Nlianship ("Plaintiffs") "Motion to compel and Request for sanctions," filed June 12, 2023, is GRANTED-IN-PART and DENIED-INPART. Background. Plaintiffs filed this case in March 2022. Plaintiffs' present Motion argues that since roughly mid-2022 and continuing to the present, Defendants David Bragg and Silicon Valley Real Estate Ventures, LLC (SVRV) have engaged in various forms of discovery abuse/misconduct that warrants sanc...

Excerpt: ...e sole grounds for Defendant's motion as to the first cause of action is that the LLC Operating Agreement has terminated, the LLC has dissolved, and Defendant withdrew from the LLC in 2017. These facts are undisputed. Defendant contends, therefore, that he cannot be liable for a breach of contract claim. The argument has no basis in law, and Defendant cites no legal authority to support the argument. When a contract terminates or expires, it is n...

Excerpt: ...raud is OVERRULED. The elements of a claim for fraudulent concealment are: "(1) the defendant must have concealed or suppressed a material fact, (2) the defendant must have been under a duty to disclose the fact to the plaintiff, (3) the defendant must have intentionally concealed or suppressed the fact with the intent to defraud the plaintiff, (4) the plaintiff must have been unaware of the fact and would not have acted as he did if he had known...

Excerpt: ...of this order. As a preliminary matter, the hearing on this demurrer was originally set for July 21, 2023. The Court found that Defendant MPH International LLC ("MPH") had failed to meet and confer as required by Code of Civil Procedure section 430.41. The Court continued the hearing and ordered MPH to file a declaration, confirming that the parties had met and conferred, no later than September 5, 2023. MPH has failed to file a declaration, and ...

Excerpt: ... ON DEMURRER AND DEMURRER TO DEFENDANT AND CROSS-COMPLAINANT DONNA GOLDSTEIN'S VERIFIED CROSS COMPLAINANT BY PLAINTIFF AND CROSS-DEFENDANT TENTATIVE RULING: The instant dispute arises out of a loan and Deed of Trust ("DOT") executed by Defendant Donna Goldstein's nowdeceased husband, Andrew Goldstein, pledging real property at 1431 Laguna Avenue, Burlingame CA (the "subject property") to Option One Mortgage ("Option One") as security for a loan (...

Excerpt: ... to Strike. As a preliminary matter, McLennan identifies four statutory grounds for this demurrer to the Complaint of Plaintiff 930 Linden Avenue, LLC ("930 LLC"): (1) 930 LLC's lack of capacity to sue, (2) misjoinder, (3) failure to state a claim, and (4) uncertainty. (See Code of Civ. S 430.10, subds. (b), (d)—(f).) However, none of the papers filed in support of the motion discuss capacity to sue, misjoinder, or uncertainty. The Court theref...

Excerpt: ...he parties entered into a Settlement Agreement, which that Defendants South Bay Real Estate Commerce Group, LLC and George Cresson (Judgment Debtors) would pay to Plaintiff MDIG, pursuant to a payment plan. There is no dispute that the Judgment Debtors paid of the Settlement, several years ago. MDIG contends that no additional payments have been made (i.e., Judgment Debtors have made no payments in over five years now), during which time MDIG has...

Excerpt: ... filed a Cross-complaint against Plaintiff. On May 5, 2022, Plaintiff filed a First Amended Complaint to add claims for accounting and declaratory relief. On June 28, 2022, this case was set for trial to commence June 1, 2023. On May 8, 2023, less than one month before trial, Defendant brought an ex parte application to continue the trial date, allow further merits discovery, and allow more time to complete expert discovery — due to the recent ...

Excerpt: ...elevant Facts This personal injury case arises out of a December 16, 2019 incident in which Plaintiff and Cross-defendant Nancy Hey, who had already been legally blind, was struck in the eye by a metal protrusion on the premises of Rancho Viejo horse stables located at 145 Ansel Lane in Portola Valley (the "Premises"). The Premises are owned by the Defendant Board of Trustees of the Leland Stanford Junior University ("Stanford") and leased to Def...

Excerpt: ..."). In the operative First Amended Complaint, Plaintiff alleges causes of acton against both Watt and AVM for whistleblower retaliation, false imprisonment, battery, and intentional infliction of emotional distress.l Defendant AVM now demurs to all causes of action, arguing that Plaintiff has failed to state facts sufficient to constitute a cause of action as to his whistleblower retaliation claim, and that AVM has failed to allege sufficient fac...

Excerpt: ...n suing a public entity defendant. Public entities can be liable only to the extent prov-ded by statute. Government Code Section 815 states, in pertinent part: " Except as otherwise provided by statute: (a) A public entity is not liable for an injury, whether such injury arises out of an act or omission of the public entity or a public employee or any other person." To assert a valid claim against Defendant, which is public entity, Plaintiff must...

Excerpt: ...s "Director of the Department of Motor Vehicles" ("Department"). Wyant was detained and arrested for suspicion of driving under the influence of alcohol. He submitted to a chemical test of his blood on the night of his arrest, and results of that chemical test showed a 0.082 percent blood alcohol content ("BAC") in violation of Vehicle Code section 23152. The Department suspended Wyant's privilege to drive a motor vehicle for four months, from Oc...

Excerpt: ...Snowflake's motion for summary judgment. These exhibits contain both (1) thirdparty personally identifiable information of Snowflake employees and former employees, including performance reviews, employment histories, and financial information; and (2) confidential business information re Snowflake's confidential competitive business information. Public versions have been filed. The private versions were lodged conditionally under seal on June 22...

Excerpt: ...and there are no allegations of fraud in the complaint. Plaintiffs' counsel's continued use of these terms elevates the emotions in this case and is unnecessary. The parties are to APPEAR to address the following issues: Plaintiffs' discovery is much broader than appears to be relevant or reasonably calculated to lead to the discovery of admissible evidence regarding the remaining issues in the case. The court's understanding was that plaintiffs ...

Excerpt: ... Lyudmyla Grytsayenko ("Lyudmyla") and Yuriy Grytsayenko ("Yuriy") (also collectively "Plaintiffs") is ruled on as follows: The Motion for Summary Judgment is GRANTED. The Complaint alleges claims for General Negligence and Premises Liability. (McCann Decl., Exh. A.) Plaintiffs claim that Lyudmyla was forced to walk toward metal cross-bracers that were a part of scaffolding with no padding or warning tape in place, and hit her head against the lo...

Excerpt: ...ntly determine whether a settlement is fair, reasonable and adequate. (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 55, 76—77 ["trial court should evaluate a PAGA settlement to determine whether it is fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws."]; Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129 'The ...

Excerpt: ...ntiffs opposition and accepts counsel's explanation and apology for the reason that the opposition was not filed on time. The court grants defendant's request for judicial notice for the fact that the documents were filed in the court, but not for the truth of the contents of the documents. Plaintiff argues that this demurrer repeats the same arguments as raised in defendant's motion for judgment on the pleadings to the first amended complaint, w...

Excerpt: ...e applicable statute of limitations. The Complaint alleges that on November 29, 2019, the decedent, plaintiff's mother, was admitted to Mills Peninsula Medical Center due to difficulty breathing. (Complaint, 6.) Plaintiff alleges that one of decedent's lungs collapsed on November 30, 2019, and she was transferred to the ICU and placed on a ventilator. (Ibid.) According to the Complaint, "[Orom 11-28-2019 until 12-19-2019 it was here that [the dec...

Excerpt: ...e granted approval by this Court at the final fairness hearing. (Kullar v. Fint Locker Retail, Inc. (2008) 158 cal.App.4th 115, 133.) (See MPA, at po. 9:2-17, 10:7-13; Potashnick Dec., 9, 12.) Multiple portions of Plaintiff's memorandum are not supported by citations to evidence or contemplated in counsel's declaration. (See MPA, at pp. 10:24-25, • Plaintiff failed to append the Settlement Agreement as Exhibit A or Exhibit 1 to the Potashnick D...

Excerpt: ...10) days after service of written notice of this order. Defendant City of South San Francisco (the "City") demurs to the second and third causes of action in the Complaint of plaintiff L C General Engineering & Construction, Inc. ("LCG") on the grounds that neither states facts sufficient to constitute a cause of acton. (See Code Civ. Proc., S 430.10, subd. (e).) A. Legal Standard on Demurrer The purpose of a demurrer is to test the legal suffici...

Excerpt: ...rrer on behalf of only one Defendant (Indrawous Azar) and pay a single First Appearance Fee, rather than filing a Demurrer on behalf of all clients and incurring multiple First Appearance Fees. There is no statute, court rule, or regulation that supports this strategy. Mr. Bender's approach, though possibly well- meaning, constituted attorney neglect because a reasonable attorney would have known that demurring on behalf of just one client would ...

Excerpt: ...E RULING: For the reasons stated below, Defendants Wayne Podesta et. al.'sJune 6, 2023 Motion to Strike portions of Plaintiffs Franciscan Resident Advisory committee, et. al.'s April 10, 2023 complaint is GRANTED-INPART and DENIED-IN-PART. code Civ. Proc. Sects. 435, 436. Defendants' June 6, 2023 Request for Judicial Notice is GRANTED-INPART and DENIED-IN-PART. (See Order on Defendants' Demurrer to Complaint, which explains the Court's rationale)...

Excerpt: ... to state a claim as the parties (or their predecessors in interest) entered into a settlement with broad mutual releases as part of the Second Settlement Agreement. (2) SUSTAINED WITH LEAVE TO AMEND as to the second cause of action for negligence. Although the negligence claim cannot be based upon the prior settlements, the Second Amended Complaint also contains some allegations that the failure of Defendant to maintain its subslab depressuraton...

Excerpt: ...the Ford pickup truck he was in broke down. (UMF No. 3.) A Caltrans tow truck towed Plaintiff's vehicle and deposited it on university Avenue in Menlo Park, approximately 200 feet from the intersection with Bayfront Expressway. (UMF No. 4.) The tow truck driver left shortly thereafter. (UMF No. 5.) Plaintiff's friend subsequently gave him a ride to AutoZone Auto Parts to purchase parts to repair his truck. (UMF No. 6.) After purchasing the needed...

Excerpt: ...ed fifty-percent interest in the subject property, and Plaintiffs Triple 8 Holdings, LLC and Donald Chua to be entitled to a partition of the subject property. Plaintiffs Triple Eight Holdings, LLC's and Donald Chua's Request for Judicial Notice is GRANTED as to items nos. 1—6 and 12 and DENIED as to items 7—11. Defendant Bernice Turner's Request for Judicial Notice is DENIED as to all items. Defendant Bernice Turner's Evidentiary Objections�...

Excerpt: ....310.) On June 17, 2019, defendants filed answers and no advice of counsel defense was asserted. Since the inception of the case, the action has been vigorously litigated. There have been over 40 hearings on motions, case management conferences and informal discovery conferences, and the docket contains over 550 entries. On December 1, 2020, this case was assigned to the Hon. Nancy L. Fineman for all purposes. The court held its first pretrial co...

Excerpt: ...on brief is single-spaced, which violates California Rules of Court, Rule 2.108. In its discretion, the Court has chosen to overlook this procedural defect in this instance. The Court will expect Plaintiff to strictly comply with the Rules of Court going forward. Plaintiff has not highlighted/marked the relevant portions of the deposition transcripts. Plaintiff has filed deposition testimony in support of her Opposition papers, but has not highli...

Excerpt: ...ext, Inc. to provide a further account is GRANTED. Plaintiff and Cross defendant Open Text, Inc. shall serve a further account no later than ten (10) days after service of written notice of the formal order. Defendant and Cross-complainant Michelle Beasley's request for an order appointing a referee to hear and decide an issue or specific question of fact is DENIED. A. Procedural Background On March 8, 2023, Beasley served a demand for a bill of ...

Excerpt: ...e suspension or disabling in all circumstances." (MPA, p.2.) Defendant also contends that collateral estoppel bars Plaintiff from seeking monetary damages because the federal district court's decision dismissing Plaintiff's Complaint in King v. Facebook, Inc. (N.D. Cal. 2021) 572 F.Supp.3d 776 has determined that Plaintiff cannot allege a claim for monetary relief. In King v. Facebook, Inc., 572 F.Supp.3d at 790, the federal district court determ...

Excerpt: ...ion of Katie Fones "in its entirety" is overruled. Objections to evidence must be specific. (Evid. Code Sect. 353, subd. (a); Coit Drapery Cleaners, Inc. v. Sequoia Ins. Co. (1993) 14 Cal.App.4th 1595, 1611.) The objection to the entirety of the declaration on the ground that "reasonably equivalent value" is not susceptible to ex#rt testimony is overbroad and non-specific. Further, the Fones Declaration never provides an opinion on what constitut...

Excerpt: ... Coalition for Pacificans for an Updated Plan and Kristen Cramer (plaintiffs) filed this action which inwlves a CEQA challenge to a proposed project called Vista Mar located in Pacifica, California ("the Project"). Both plaintiffs sued on both causes of action. Plaintiffs sued the City of Pacifica (the City) and real parties in interest Monterey Road Pacifica, LLC, Vistamar Development, and Javier Chavarria (real parties). On January 21, 2021, th...

Excerpt: ...(California Rule of Court, rule 3.1320(g); Code of Civ. Proc., S 472b.) If Plaintiff decides not to amend, Plaintiff's counsel shall so notify defense counsel and the parties shall meet-and-confer on a date where defendant County of San Mateo's answer is due. Plaintiff John JV Doe's Request for Judicial Notce is GRANTED. Defendant County of San Mateo's Request for Judicial Notice is GRANTED. The Second Amended Complaint (the "SAC") asserts nine c...

Excerpt: ...d notify Department 4 and all other parties by 4:00 p.m. on August 21, 2023. In these motons in these related cases, defendant/judgment debtor Josefina A. Manalo seeks pursuant to Code of Civil Procedure section 473 to vacate the clerk's judgments confirming orders of the Labor Commissioner on the basis of fraud and for a new trial pursuant to Code of Civil Procedure secton 657. Both the Labor Commissioner and plaintiffs/judgment creditors agree ...

Excerpt: ...lass Action Settlement Agreement (2) Approval of Notice to Class Members and Related Materials; (3) Approval of Settlement Administrator; and (4) Setting Hearing For Final Approval of Settlement ("Motion") is ruled upon as follows. The Court appreciates the work engaged in by the parties in revising its requests for approval. The Court has conducted an independent review of the request to determine whether the settlement is fair, reasonable and a...

Excerpt: ...the "SAC") asserts nine causes of action against Defendant County of San Mateo (the "County") and one hundred unnamed employees of the County for their respective roles in the alleged sexual abuse committed by Probation Officer John Domeniconi of Plaintiff Jane DT Doe while the latter was a minor. The County moves here for an order striking the entirety of the SAC for Plaintiff's failure to file timely certificates and obtain court approval—as ...

Excerpt: ...elf when he fell through an inadequately secured piece of plywood flooring. Plaintiff served Bomel with Set One of his Requests for Admission ("RFAs"), which included the three requests (the "subject RFAs") at issue: Request Number 39: Admit that YOLI were the creating employer pursuant to Labor Code S 6400 at the time of the SUBJECT INCIDENT. Request Number 40: Admit that YOU were the controlling employer pursuant to Labor Code S 6400 at the tim...

Excerpt: ...tate and International Depositions and Subpoena Discovery Act, a motion to enforce a subpoena may be filed in the superior court for the county in which the discovery is to be conducted, and shall comply with the rules and statutes of this state. Cal. Code of Civil Procedure Section 2029.3CL Here, Petitioners' California subpoena was served on Respondent Meta Platforms, Inc. on May 9, 2023. Franklin-Murdock Decl., 97, Exh. E. Respondent thereafte...

Excerpt: ... across the parking area, an unknown third-party assaulted Plaintiff, who then asked a manager at the hotel to call the police. The manager allegedly refused. Plaintiff brings this action against Defendants as the owners and operators of the hotel, alleging inter alia that they were negligent in failing to provide adequate lighting in the parking area, and should have known of the danger posed to Plaintiff by the unknown third-party. On December ...

Excerpt: ...r responses to the Special Interrogatories is GRANTED as to Special Interrogatory Nos. 1-3, 6-10, 15, 17, 22-23, and 25-26, and DENIED as to Special Interrogatory Nos. 12-14, and 19. Within three weeks of this Order, Plaintiff shall serve further, written responses, without objections, to Special Interrogatory Nos. 1-3, 5-10, 15, 17, 22-23, and 25-26. All objections to these Interrogatories are overruled. Because Nos. 12-14, and 19 contain typogr...

Excerpt: ... to Form Interrogatories that were served in November 2021. The Court granted Defendant's motion to compel verified responses and ordered Plaintiff to provide verified responses and to pay a monetary sanction of $5,101.00 "within fourteen days of notice of entry of this order." (Order, April 26, 2023 (filed May 1, 2023.) Defendant served Notce of Entry of Order on May 3, 2023. As of the date Defendant filed the present motion on June 14, 2023, Pl...

Excerpt: ...ended Complaint ("SAC") by Plaintiffs Lori Slicton ("Slicton") and George Buckingham ("Buckingham") (also collectively "Plaintiffs"), is ruled on as follows: (1) The Demurrer is OVERRULED on the ground that Slicton fails to allege an adverse employment action in support of her claims. "Adverse employment actons are not limited to ultimate actions such as termination or demotion." (Judicial Council Of California Civil Jury Instructon 2509.) "An ad...

Excerpt: ... LS Home Development, LLC from the SAC on the grounds that the new y added defendant and cause of action exceed the scope of the amendment #rmitted by the Court in its ruling on Defendants' demurrer to Plaintiff's First Amended Complaint. Generally, where a court grants leave to amend after sustaining a demurrer, the scope of permissible amendment is limited to the causes of achon to which the demurrer has been sustained: "[Sluch granting of leav...

Excerpt: ...intiff is reminded to comply with California Rules of Court and Local Rules of Court regarding electronically filed documents. Specifically, exhibits must be bookmarked. (CRC Rule 3.1110(f)(4) ["electronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit"]; San Mateo County Superior Court Local Rule 3.3 [same...