Excerpt: ...ation of Instrument is SUSTAINED with leave to amend. The claim to cancel the Luthra Deed of Trust and the Trustee's Deed does not involve Stewart, which was not a party to the Deed of Trust or the Trustee's Deed. Cancellation of those instruments calls for no action on Stewart's part, and Stewart will be unaffected by the cancellation of those instruments. Plaintiff argues that consequential damages such as escrow and closing costs may be recove...

Excerpt: ...led with the Court. Although Defendant provides a copy of it with his reply, there is no indication that it was ever filed. Therefore, the Court has not considered it and proceeds to rule on the merits of this Demurrer. (2) In reviewing the FAC, the Court finds that the exhibits referenced in the FAC are missing. Defendant assumes that these missing exhibits are the same exhibits attached to the original Complaint for purposes of this Demurrer. H...

Excerpt: ...A US, LLC (“FCA”). In connection with this transaction, Plaintiff received various warranties from FCA. The vehicle allegedly had multiple defects. On several occasions between 2019 to 2020, Plaintiff took the vehicle to FCA's authorized repair facility, Defendant Putnam Chrysler Jeep Dodge (“Putnam”), but Putnam was unable to successfully repair it. On January 1, 2021, Plaintiff filed this lawsuit, asserting claims against FCA for violat...

Excerpt: ...cation. (See Cal. Code Civ. Proc., § 437c, subd. (h) [“If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just.”].) The Code ...

Excerpt: ... he had been seen for a strained knee. Defendant demurred on the ground that emergency personnel are immune from all but grossly negligent conduct or acts not in good faith. Defendant's demurrer relies exclusively on the immunity provisions of Health and Safety Code section 1799.106. (See Demurer at p. 2.) Section 1799.106 confers immunity when emergency services are provided “at the scene of an emergency or during an emergency air or ground am...

Excerpt: ... a complaint or cross‐complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds: … (e) The pleading does not state facts sufficient to constitute a cause of action. …” Cal. Code of Civ. Proc. § 430.30(e). With respect to the cause of action for breach of contract, the Court rules as follows. The FAC does not specify a particular contract term that...

Excerpt: ... is GRANTED IN PART, as follows: (1) Parenti's Petition for Preliminary Injunction is GRANTED IN PART. “An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for disclosing information, or because the employer believes that the employee disclosed or may disclose information, to a government or law enforcement agency, to a person with authority over the employee or another employee who has the autho...

Excerpt: ...ants Krafton Inc. and PUBG Santa Monica Inc.'s (collectively, “Krafton”) Motion to Compel Further Responses, filed 8‐10‐21, is DENIED, as set forth below. Because a substantial portion of the papers supporting and opposing the motion were filed under seal, the Court will send to the parties, by email, a more detailed explanation of the Court's Tentative Ruling. Krafton's motion seeks an order compelling Plaintiffs/Cross‐Defendants NetEa...

Excerpt: ...ndants contend the Court lacks subject matter jurisdiction in this case because “this action arises from claims relating to an administration of an estate in a foreign jurisdiction of a decedent who did not die in California nor leave property in California at the time of his death.” MPA, p.5. Defendants appear to be correct that all of Plaintiff's claims stem from Defendant Allison Lim's duties as executor of their father's estate, which was...

Excerpt: ...ce. While attempting to park, he “had an encounter” with Defendant Victoria Haller, who yelled at Caraway in a manner designed to intimidate him. She “screamed at him that she was going to call the police regarding what should have been a non‐incident.” The police arrived and arrested Plaintiff, ostensibly for ‘hit and run' though he never hit the Defendant Haller and never ran from the scene. These charges were reduced before he was ...

Excerpt: ...romissory Fraud is OVERRULED. (Cal. Code Civ. Proc., § 430.10(e).) Plaintiff has alleged sufficient facts to demonstrate justifiable reliance. (FAC ¶¶ 6‐7.) Second Cause of Action Defendant's general demurrer to the Second Cause of Action for Breach of the Implied Covenant of Quiet Enjoyment is OVERRULED. (Cal. Code Civ. Proc., § 430.10(e).) Plaintiff has alleged facts sufficient to plead this cause of action. (FAC ¶ 18.) The sole issue ra...

Excerpt: ...otal settlement with Plaintiffs was not in good faith. 1. Background These consolidated personal injury cases arise from an August 5, 2017 incident on the campus of Defendant Menlo College (“Menlo”) in Atherton, California. Plaintiffs Julie Dale, Jodi Cohen, Jasmine Garcia, Chris Garcia, Zealyn Garcia, and Irelyn Garcia (“Plaintiffs”) were attending a company picnic at Menlo's campus, under an oak tree, when a large branch fractured and s...

Excerpt: ...f months after that purchase, Plaintiff's wife tried to make another purchase but was informed that the card balance was $0.00. Nordstrom investigated, discovered that the card had been used fraudulently, and issued a new gift card to Plaintiff's wife via email in the amount of the alleged loss, $483.21. Plaintiff filed a complaint against Nordstrom asserting causes of action for breach of contract, negligence, and statutory violations of the Con...

Excerpt: ...f ownership title of 50% in the subject property. As this seeks more than simple declaratory relief, and rather is an action to enforce the oral contract, trial preference is discretionary in the Court, pursuant to Section 1062.3(b). Further, Plaintiff admits that she presently has no ownership interest in the subject property – rather she is seeking to have an ownership interest transferred back to her. Plaintiff presents no declaration or oth...

Excerpt: ...hovel if that person comes near Defendant's birds. The Notice alleges Defendant's threat of violence is unlawful and constitutes a nuisance. A threat to inflict serious bodily injury on another person can, in some cases, constitute just cause for an eviction. See, e.g., Civ. Code 1946.2(b)(1)(F) (“… at‐fault just cause is …. any of the following: (F) Criminal activity by the tenant on the residential real property, …or any …criminal t...

Excerpt: ...oduction of Documents (RFPs) to Defendants Dr. Ihab Hanna and the two “Entity defendants” (Defendants “BAII” and “BAIC”), is GRANTED‐IN‐PART and DENIED‐IN‐ PART, as set forth below. Protective Order Defendants have raised HIPAA/privacy/trade secret concerns regarding documents that may contain (dental) patient information, and Defendants have requested that Plaintiff agree to sign a Protective Order addressing these concerns/o...

Excerpt: ...ds to be provided: Plaintiff William Lombardini's motion to compel further responses to Form Interrogatory 17.1 is GRANTED. A. Subpart (b) ‐ Facts Explaining the RFA Denials Defendant's Opposing declaration states, “I . . . generally described the nature of the assistance and/or guidance I provided to him in the interrogatory responses.” (Decl. of Makada ¶ 4.) This is not accurate. Defendant's response to that “Mr. Lombardini had difficu...

Excerpt: ...notice of motion filed August 20, 2021 lists three grounds for the motion: (1) Reconsideration of Statement of Decision; (2) Credit of Settling Surety Party; and (3) CrossDefendant prevailing party attorneys' fees. Notice at 2. His memorandum of points and authorities, however, only addresses the first issue, the Statement of Decision. Memorandum of Points & Authorities in Support of Motion re: Reconsideration of Statement of Decision filed Septe...

Excerpt: ...nsel for Monterey met and conferred with counsel for Petitioners by email and telephone to discuss the issues raised by the Demurrer prior to filing the Demurrer. Kontabecki Decl., ¶¶ 7‐20. Monterey's Request for Judicial Notice is GRANTED. The Court takes judicial notice of the existence of the documents, but not the truth of the matters within them. The Court notes that the official writings are not certified, but there is no objection by P...

Excerpt: ... motion for summary judgment and alternative motion for summary adjudication of issues is denied in its entirety. The Court sustains Defendant's Objection to the Police Report, showing that the collision occurred in the Number 2 lane, just 100 feet south of the University Avenue Exit, as unauthenticated and hearsay. The Court exercises its discretion to not rule on the remainder of Defendants' objections, since the challenged evidence is not mate...

Excerpt: ...�PART and DENIED‐IN‐PART, as set forth below. Plaintiff's request for an order holding Defendants in contempt and/or issuing an OSC is DENIED. Having reviewed the evidence, the Court finds it does not clearly demonstrate that Defendants willfully disobeyed the Court's 4‐9‐21 Order. Chapman v. Superior Court (1968) 261 Cal.App.2d 194, 200‐201. The 4‐9‐21 Order awarded attorney's fees and costs to Plaintiff following Plaintiff's accep...

Excerpt: ...C‐21‐589223, filed in San Francisco County Superior Court in 2021. Plaintiff's Motion for an Order Coordinating the Actions is DENIED. Background In the instant action, Plaintiff's lawsuit concerns cosmetic medical treatments provided to her by Defendants Joel Beck, M.D. and Alice Tung, N.P., in 2016, which involved the use of the Ulthera System (“Ultherapy”) manufactured by former defendant Merz North America (“Merz”). Plaintiff file...

Excerpt: ...��Nordstrom”) but never used it. A little over a year later, Plaintiff's wife used the card for a small purchase. A couple of months after that purchase, Plaintiff's wife tried to make another purchase but was informed that the card balance was $0.00. Nordstrom investigated, discovered that the card had been used fraudulently, and issued a new gift card to Plaintiff's wife via email in the amount of the alleged loss, $483.21. Plaintiff filed a ...

Excerpt: ...vid Weiner received a $500 gift card for use at Defendant Nordstrom, Inc. (“Defendant” or “Nordstrom”) but never used it. A little over a year later, Plaintiff's wife used the card for a small purchase. A couple of months after that purchase, Plaintiff's wife tried to make another purchase but was informed that the card balance was $0.00. Nordstrom investigated, discovered that the card had been used fraudulently, and issued a new gift ca...

Excerpt: ...rm”) is DENIED. Plaintiff's Counsel's Declaration is Not Signed As an initial matter, the declaration of Plaintiff's counsel filed in support of this Motion is unsigned. (See Galligan Dec.) “Every pleading, petition, written notice of motion, or other similar paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party.” (Cal. Cod...