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...

Excerpt: ...Judgment. Pursuant to Code Civ. Proc., § 1285.4, a petition to confirm an arbitration award must (1) set forth the substance of the agreement to arbitrate, (2) set forth the names of the arbitrators, and (3) set forth or attach a copy of the arbitration award. The unopposed Petition complies with these requirements. The arbitrator's Final Award was issued on March 8, 2021. The present Petition was timely filed and served in accordance with Code ...

Excerpt: ...mpel 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 difficulty resolving cases without assistance” and “Mr. Makada wa...

Excerpt: ...issued its remittitur. The Demurrer of Defendants Richard George and Sandrine Clark (“Defendants”) to the Complaint of Plaintiff Triton Property Investments, LLC (“Plaintiff”) is OVERRULED. Defendants first argue that the Complaint fails to state facts sufficient to support an unlawful detainer claim because the Notice of Terminating of Tenancy (“notice”) was posted and mailed without any alleged attempt to personally serve the notice...

Excerpt: ...� 452(d). Specially Appearing Defendants' Special Motion to Strike is GRANTED pursuant to Cal. Code of Civ. Proc. § 425.16. This Motion was initially set for August 23, 2021. The Court posted a tentative ruling for that hearing date indicating that the issues raised by the Special Motion to Strike were moot due to filing of FAC, which omitted the challenged causes of action. On the Court's own motion, that tentative order was vacated and hearing...

Excerpt: ...nts and Cross‐ Complainant's Motion to Compel Arbitration and Stay the Proceedings is GRANTED. The Build Contract contains the arbitration clause pursuant which the parties have agreed to arbitration. As California has a strong public policy in favor of arbitration, any doubts of arbitrability are resolved in favor of arbitration. Rice v. Downs (2016) 248 Cal.App.4th 175, 185. Thus, arbitration should be upheld “unless it can be said with ass...

Excerpt: ...hat the People have not presented sufficient facts to establish that Yi may be held liable under the “Responsible Corporate Officer Doctrine” (RCOD). The People respond that “On June 8, 2021, Plaintiff filed its First Amended Complaint (attached hereto as Exhibit 3). In paragraph 5, Plaintiff amended the description of Defendant Yi and specifically included the language ordered by the court in its ruling on the demurrer.” The State has al...

Excerpt: ... to appear for deposition on October 11, 2021. In July 2021, counsel for SBM contacted Plaintiff's counsel in an attempt to schedule Mr. Agredano's deposition. Baarts Decl., ¶ 7. Plaintiff's counsel indicated that he was reaching out to Mr. Agredano to determine his availability. Id. However, Plaintiff's counsel did not follow up and, as a result, on July 22, SBM served a deposition notice setting Mr. Agredano's deposition for August 12. Id., ¶...

Excerpt: ...n these consolidated cases, is GRANTED. Code Civ. Proc. Sect. 437c. This case has been consolidated with Case Nos. CIV526396, 17CIV00114, and 21CIV01178. The four operative Complaints initially asserted additional claims against defendant RH, several of which were previously adjudicated in RH's favor. At present, the remaining causes of action against defendants RH and Larry Young are (1) violation of Civ. Code Sect. 2924c‐d; (2) wrongful forec...

Excerpt: ... cause of action alleges that a controversy exists in that (1) Plaintiffs contend that the only amount owed is $28,000, and (2) Defendant contends that Plaintiffs owe $195,156.79. (FAC ¶¶ 9 & 17.) Plaintiffs request a judicial declaration of the parties' obligations under the Note and Deed of Trust. “The issues to be addressed in a summary adjudication motion are framed by the pleadings.” (Wattenbarger v. Cincinnati Reds, Inc. (1994) 28 Cal...

Excerpt: ...ANY TENTATIVE RULING: The Demurrer of Defendants Saeed Amidi, an individual; Saeed Amidi, as Trustee of the Fatemeh Travajjoh Amidhozour Revocable Trust Dated May 24, 2002; Saeed Amidi, as Trustee of the Amended and Restated Fatemeh Travajjoh Amidhozour Revocable Trust Dated June 12, 2014; Rahim Amidhozour, an individual; and Amidi, LLC (“Defendants”) to the Complaint of Plaintiff Fatemeh Tavajjoh Amidhozour, individually and as Trustee of th...

Excerpt: ...l. 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 raised by a general demurrer is whe...

Excerpt: ... under seal the portions of his Memorandum of Points and Authorities that set forth portions of the parties' Settlement Agreement in a prior action. (See Mem. at pp. 7:11‐ 23, 13:21‐22, 13:25‐26). Additionally, Plaintiff moves to file under seal documents for which he requested judicial notice in Opposition to Defendant's Anti‐SLAPP Motion: (1) Exhibit B to the First Amended Complaint filed March 30, 2021 (Ex. 1); (2) Defendant's Answer t...

Excerpt: ...tatutes of limitations. The motion for judgment on the pleadings as to the cause of action for unjust enrichment and for fraud for failure to state a claim is DENIED. Request for judicial notice are GRANTED as to court orders and the pleadings, but otherwise DENIED as irrelevant. Plaintiffs shall file and serve their Second Amended Complaint on or before October 20, 2021. The motion is granted on the ground that these claims are potentially barre...

Excerpt: ...y Adjudication is GRANTED. The Court also GRANTS summary adjudication on Issue Nos. 1 and 4 as to general negligence (but not gross negligence). The Motion for Summary Adjudication is otherwise DENIED. Plaintiffs Kurt and Elvira Reitman's 1‐15‐20 Complaint asserts three causes of action against Defendant Ngo: negligence, “gross negligence,” and loss of consortium. An amendment to the Complaint names another defendant in place of Doe 1. A ...

Excerpt: ...oena for business records is GRANTED for the reasons set forth below. On January 15, 2021, Defendants served Dr. Barbara Berglund Sokolov with a subpoena seeking production of her communications with third parties. (Gasaway Decl., Ex. 3.) Before producing those communications, the Commissions' counsel, pursuant to Civil Code section 1798.24, subdivision (k), notified all individuals whose personal information might be produced that their personal...

Excerpt: ...t al. (“Plaintiffs”) for Preliminary Injunction is GRANTED IN PART, as follows: Plaintiffs' Memorandum fails to comply with California Rules of Court Rule 3.1113(f), as it does not include a table of contents and table of authorities. However, the Court declines to deny the Motion on this ground or to strike the Memorandum, but CAUTIONS Plaintiffs to comply with this rule in the future. Plaintiffs' proposed preliminary injunction seeks the fo...

Excerpt: ...written First Amended Complaint (FAC) is very difficult to read and understand. Plaintiff may wish to remedy this issue/problem if a further amended Complaint is filed. Allegations. The FAC purports to assert claims against Defendants Gregory Menzel, an attorney, and Earl Daly, an alleged client of Menzel's, for negligence, fraud, “intentional tort,” “common count.” The FAC also makes references to Menzel's alleged “fiduciary duties,”...

Excerpt: ...ed a supplemental briefing schedule on the issue of Defendant's contestation of the Court's tentative ruling. The parties focused much of their briefing on the element of permanency pursuant to the ruling in Richards v. CH2M Hill, Inc., (2001) 26 Cal.4th 798 (excerpted at length in Plaintiff's sup. brief, pgs. 3‐4), which held that a continuing violation occurs when an employer's unlawful actions are (1) sufficiently similar in kind, (2) have o...

Excerpt: ...cularized facts creating a reasonable doubt that (1) the directors are disinterested in and independent of the challenged transaction; or (20 the challenged transaction was otherwise the product of a valid exercise of business judgment. (Charter Township of Clinton Police & Fire Retirement System v. Martin (2013) 219 Cal.App.4th 924, 935‐940; Bader v. Anderson (2009) 179 Cal. App. 4th 775, 787.) The test is disjunctive. A director is not “dis...

Excerpt: ...aused some documents relating to the case, but not naming the complaint and summons, to be mailed to Defendants' counsel, apparently without first obtaining an agreement to accept service. Thereafter, on May 27, 2021, Plaintiff filed a “proof of service” indicating she had caused documents relating to the case, including the complaint, summons, civil case cover sheet, and ADR packet, to be mailed to Defendants Ana Maria Altube‐Starr and Ber...

Excerpt: ...eza, “replaced and repaired Plaintiff's front bridge so negligently that Plaintiff was unable to use it, endured pain and suffering, lost time at work, and was forced to incur the time and expense of obtaining a satisfactory bridge from another dentist.” (Comp., First Cause of Action – General Negligence, at p.1.) On November 4, 2019, Defendant filed the instant Motion for Summary Judgment (“MSJ”). Attached to the declaration of Defenda...

Excerpt: ...supervisor at Mark Thomas & Company (“Mark Thomas”) and for him to produce documents. Plaintiff claims that Defendants are on an improper fishing expedition, she has a privacy right in her employment records that Defendants cannot overcome, and that the document demands are impermissibly broad. Working backwards, the Court address the document demand first. Defendants acknowledge that Mark Thomas has already produced documents in response to ...

Excerpt: ...his Motion is whether emails and text messages between Plaintiff and Myers should have also been produced in response to Defendants' Second Amended Deposition Subpoena. (See Ewins Decl., Exh. A.) The document request at issue states: All DOCUMENTS (which is defined herein to mean any writing as defined by California Evidence Code Section 250) and other records (including, but not limited to, audio recordings, notes, treatment records, test result...

Excerpt: ... When ruling on a demurrer, a trial court must admit “all material facts properly pleaded” and “also give the complaint a reasonable interpretation, reading it as a whole and its parts in their context.” Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38. Moreover, “[i]f the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of th...