Excerpt: ...ry motion to review before granting it.” California Judge's Benchbook: Civil Proceedings Before Trial § 6.21 (Thomson Reuters 2021). Therefore, the Court has substantively reviewed Defendants' demurrer. Defendants demur to the entire Complaint on the ground that it fails to allege facts sufficient to constitute any cause of action. (See Defendants' Demurrer.) However, Defendants also argue in their Memorandum that the Complaint is uncertain. (...

Excerpt: ... for Deposition and Provide Further Discovery Responses is GRANTED. The Court imposes terminating sanctions and therefore dismisses Plaintiff's case. Alternatively, if that order is not upheld, the Court issues evidentiary sanctions and strikes portions of the prayer. This Court is familiar with this case having presided over key motions when it was Law and Motion judge and having been the single assigned judge on this case since December 4, 2020...

Excerpt: ...t alleges that in February 2021, Defendant published an internet post on GoFundMe (“post”) claiming that Plaintiff Mohamed Sameh Mahmoud (“Plaintiff”) engaged in unlawful conduct against Defendant Daria Vinogradova (“Vinogradova”), who Plaintiff is married to but currently separated. (Complaint ¶¶ 6, 8.) These statements included that Plaintiff took the car keys and left such that Plaintiff could not get to and from work, that Plain...

Excerpt: ...a Thomas on 1‐4‐22 in San Carlos, Ca. Defendant has not opposed the motion. See CRC 8.54(c) (“A failure to oppose a motion may be deemed a consent to the granting of the motion.”). Defendant's failure to oppose this motion is consistent with her prior conduct. Defendant did not respond to the Complaint, resulting in her default, and entry of the 12‐8‐20 Judgment. Similarly, in recent court proceedings in the State of Hawaii, Defendant...

Excerpt: ...parents in March 2017, and to enjoin Defendant “to cease the nuisance and harassment created by the shining of the high intensity floodlights onto Association property.” MPA, p.6. According to Plaintiff, “The most egregious action that must be enjoined, however, is the installation and intentional shining of high intensity lights onto Association property.” Id., p.7. Plaintiff has supported its motion with the declarations of Randy McManu...

Excerpt: ...Ex. A). Defendants' request for judicial notice is denied as to all other matters, as they are not material to the Court's ruling on the demurrer. The FAC and the Permit Do not Show that Civil Code section 3482 Is a Defense. “Any violation of Title 17 is declared to be a nuisance . . . .” (Muni Code, Title 17, Chapter 17.04.050.) The FAC alleges that the Cabana is within the setback, which is a violation of Title 17. Since Defendants are viol...

Excerpt: ... and ROES 1 through 100, inclusive, Cross‐Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 21‐CIV‐01560 Assigned for All Purposes to Hon. Danny Y. Chou ORDER RE CROSS‐DEFENDANTS' DEMURRER AND MOTION TO STRIKE Plaintiff and Cross‐Defendant City of Half Moon Bay's (Half Moon Bay or the City) Demurrer to Defendants Thomas J. Gearing and Daniel K. Gearing's (collectively, the Gearings) Cross‐Complaint (Demurre...

Excerpt: ...when, where, to whom and by what means the representations were tendered.” (Lazar v. Superior Court (Rykoff‐Sexton, Inc.) (1996) 12 Cal.4th 631, 645 (Lazar).) Plaintiff must also allege “both the injury or damage suffered and its causal connection with plaintiff's reliance on defendant's misrepresentations.” (Weil & Brown, Cal. Practice Guide: Civ. Proc. Before Trial (Rutter Guide 2020) ¶ 6:139, emphasis omitted.) In their Demurrer, Defe...

Excerpt: ... 3294. Meet and Confer GM has not filed the meet and confer declaration required by Code Civ. Proc. Sect. 435.5. The argument in GM's Memorandum of Points & Authorities that “GM made a good faith attempt to meet and confer to resolve the issues in this motion to strike without the need for court intervention, but was unsuccessful despite its best efforts,” does not satisfy Sect. 435.5, which requires a sworn declaration attesting to a proper ...

Excerpt: ...mpany v. Montana Eighth Judicial District Court (2021) 141 S.Ct. 1017, 1024, 209 L.Ed.2d 225 quoting Goodyear Dunlop Tires Operations, S.A. v. Brown (2011) 564 U.S. 915, 919. Specific jurisdiction is different: It covers defendants less intimately connected with a State, but only as to a narrower class of claims. The contacts needed for this kind of jurisdiction often go by the name “purposeful availment.” Burger King Corp. v. Rudzewicz, 471 ...

Excerpt: ...ct to the first cause of action for cancellation of the parties' agreement, and as to the third cause of action for fraud. 1 st COA ‐ Cancellation Defendant contends “Plaintiffs' cause of action is based on the alleged deficiencies of the components of the Contract itself, which Plaintiffs received and entered by September 8, 2014. . . . Therefore, the statute of limitations began to run and would have expired on or about September 8.” MPA,...

Excerpt: ...any other person or his property.” (Bewley v. Riggs (1968) 262 Cal.App.2d 188, 194.) “The driver of an automobile is bound to use reasonable care to anticipate the presence on the highway of others who have equal right to be there . . . .” (Hill v. Peres (1934) 136 Cal.App. 132, 137.) “It cannot be disputed that [a motorist owes] a duty . . . not to drive under the influence of alcohol . . . .” (Bryant v. Glastetter (1995) 32 Cal. App. ...

Excerpt: ...ng Recovery Act (the “Recovery Act”) at California Code of Civil Procedure § 1179.08 et seq. The Recovery Act applies broadly to any “notice for a residential rental property that demands payment of COVID‐19 recovery period rental debt and that is served pursuant to subdivision (e) of Section 798.56 of the Civil Code or paragraph (2) or (3) of Section 1161.” Code Civ. Proc., § 1179.10(a). The Recovery Act defines “COVID‐19 recover...

Excerpt: ...monstrating Defendant Alexander Dominguez entered into a credit card agreement for the account ending in 7959 (see 11‐19‐21 Decl. of Kristofer Kasson; 11‐19‐21 Separate Statement), that Defendant incurred a debt to Plaintiff on the 7959 account of $6,499.66, and that Defendant has not paid the amount due. Code Civ. Proc. Sect. 437c(p)(1). The evidence establishes that Plaintiff performed its obligation(s) under the agreement(s) by paying ...

Excerpt: ...s in the Amended CrossComplaint by Defendant/Cross‐Complainant St. Giab Inc. (“CrossComplainant”), is OVERRULED. Business and Professions Code section 17200 prohibits unfair competition, which includes an unlawful, unfair or fraudulent business act or practice. (See Bus. & Prof. Code § 17200.) “Unfair” under section 17200 has been described as violating established public policy, or “is immoral, unethical, oppressive or unscrupulous ...

Excerpt: ...D. Plaintiff's Motion for Summary Adjudication is GRANTED in part pursuant to Code of Civil Procedure §437c(f) with respect to the Ninth Cause of Action for Failure to Provide Records and DENIED with respect to the remainder of the motion, as follows: Procedural Issues in Plaintiff's Motion Plaintiff's motion fails to comply with the California Rules of Court Rule 3.1350(b) regarding identification of all issues in the notice of motion. Defendan...

Excerpt: ...tation and Second Cause of Action for Fraudulent Concealment is OVERRULED. Cross‐Defendant asserts that Cross‐ Complainant cannot allege facts to support justifiable reliance because the fee sharing agreement that Cross‐Complainant seeks to enforce is unlawful and against public policy because it fails to comply with Professional Rules of Conduct Rule 1.5.1. Rule 1.5.1 governs fee divisions among lawyers that are not in the same law firm, a...

Excerpt: ...NA 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 GRANTING MOTION TO QUASH The Motion to Quash...

Excerpt: ...ions is GRANTED WITH LEAVE TO AMEND. The motion to strike “Attachment 12” is DENIED AS MOOT. As to the Complaint's punitive damages allegations, the motion is GRANTED, for several reasons. First, because the Court is sustaining Defendant's demurrer to each asserted cause of action, the punitive damages claim, which is predicated on the asserted causes of action, necessarily fails. Second, even if the wrongful death claim had been properly ple...

Excerpt: ...Plaintiffs cannot establish their claims for wrongful foreclosure or to set aside the trustee's sale because there is no triable issue of fact as to whether the trustee's sale of the subject property was illegal, fraudulent, or willfully oppressive. According to Defendants, “The undisputed evidence demonstrates the transfer of the Deed of Trust to US BANK, as Trustee, and no void Assignment is implicated.” MPA, p.1‐2. Defendants further ass...

Excerpt: ...22. As to the First Cause of Action, alleging negligence, and the Second Cause of Action, alleging premises liability, the Demurrer is SUSTAINED WITH LEAVE TO AMEND. The Complaint does not assert a viable survivorship claim. Rather, Plaintiffs assert these two causes of action in their individual capacities. Plaintiffs do not allege they represent decedent's estate, or are decedent's personal representative(s) or successor(s)‐in‐interest. See...

Excerpt: ...n Order to Show Cause re Failure to Complete ADR Process on August 10, 2021; and (2) a Case Management/Trial Setting Conference on August 10, 2021, where the Court set a jury trial for March 9, 2022, a Pretrial Conference on February 7, 2022, and a Mandatory Settlement Conference on February 24, 2022. The parties failed to file any of the documents required by the Pretrial Order, e.g. motions in limine, jury instructions, witness and exhibit list...

Excerpt: ... is DENIED. The Motion addresses only the open book account and account stated claims, even though Plaintiff alleges other common count claims in the Complaint. Therefore, Plaintiff fails to meet its initial burden of establishing that it is entitled to summary judgment. However, the 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 fo...

Excerpt: ...m seeking an award of costs of proof under section 2033.420. The case Plaintiffs rely on, City of Glendale v. Marcus Cable Assocs., LLC, 235 Cal. App. 4th 344, 348 (2015), is distinguishable since it involves a federal law that expressly limited remedies to equitable relief. Under section 2033.420, if a party fails to admit the truth of any matter when requested to do so, and if the party requesting that admission thereafter proves the truth of t...

Excerpt: ...led their SLAPP motion. On August 24, 2021, the Court granted Plaintiff's motion to conduct limited discovery pursuant to Code of Civil Procedure § 425.16(g). The written order was filed on September 23, 2021. On October 26, 2021, Plaintiff filed her opposition to the SLAPP motions and on November 1, 2021, Defendants filed their replies. Between the time that Defendants filed their motion and Plaintiff filed her opposition, the Supreme Court iss...