Excerpt: ...t Co. (1937) 24 Cal.App.2d 220, 221‐223 [where an individual defendant resides in a different county from that in which a corporate defendant's principal place of business is located and the action is brought in a third county, the individual defendant is entitled to a change of venue to the county in which the corporate defendant's principal place of business is located].) It is ordered that venue of this action be transferred to Los Angeles C...

Excerpt: ...as a declaratory judgment and a permanent injunction enjoining Defendant Palo Alto Park Mutual Water Company (PAPMWC) from further attempts to shut off Plaintiff's water in an attempt to collect amounts incurred by other account holders, including the property owner, for water service to 227 Green Street. Public Utilities Code section 777, subdivision (b) requires Defendant PAPMWC to “make every good faith effort to inform the residential occup...

Excerpt: ...t forth below. Defendant's demurrer based on uncertainty is SUSTAINED with leave to amend. Plaintiffs have not cured some of the defects from their prior complaints, rendering the Fourth Amended Complaint fatally uncertain. First, the FAC alleges that Plaintiff Mayer agreed at the December 3, 2017 meeting with Pepe that the noise level was acceptable. This allegation appears to contradict the allegation that the meeting was part of Defendants' co...

Excerpt: ...Opposition papers were untimely filed per Code Civ. Proc. Sect. 1005(b), the Court, in its discretion, has considered them in addressing the motion's merits. The Court recognizes that, according to Husain's Opposition papers, he assigned the 2012 CIT Judgment to his son on 9‐9‐21, two days after Husain's Opposition papers were due. Code Civ. Proc. Sect. 1005. The timing of that purported assignment raises concern, to say the least. Nonetheles...

Excerpt: ...h below. The Motion for Summary Adjudication is DENIED with respect to Plaintiff's Second and Third causes of action. Consequently, the Motion for Summary Judgment is also DENIED. Defendant SBM seeks summary judgment as to the claims asserted by Plaintiff Maria Recinos. 1st & 4th COA – Discrimination and Retaliation With respect to Plaintiff's first cause of action for discrimination and Plaintiff's fourth cause of action for retaliation, Defen...

Excerpt: ...: The County moves for summary judgment to the FAC and for summary adjudication to the count for dangerous condition of public property. (See County's Notice of Motion.) It appears that there is only one count alleged against the County for dangerous condition of public property in the FAC though. (See County's Appendix of Evidence, Exh. 2.) Moreover, the County seeks both summary judgment and summary adjudication based on the same three grounds....

Excerpt: ... arising from injuries he sustained while operating a PEXTO Roll Forming Machine. Section 4558 provides a limited exception to the exclusive remedy provisions in the Workers' Compensation Act for an employee whose injury or death is “proximately caused by the employer's knowing removal of, or knowing failure to install, a point of operation guard on a power press, and this removal or failure to install is specifically authorized by the employer...

Excerpt: ... 9‐3‐21 Opposition at 8‐9), the Court finds that it has jurisdiction/the ability to rule on the motion. As long as a Sect. 128.7 sanctions motion is served, as here, in compliance with the safe harbor provision before the case is dismissed or disposed of by the Court, the Court retains jurisdiction to grant a sanctions motion even if the motion is filed after a dismissal or entry of judgment. Day v. Collingwood (2006) 144 Cal.App.4th 1116, ...

Excerpt: ...should be permitted. The Court followed the preferred practice of permitting the amendment and allowing the parties to test its legal sufficiency by demurrer. (See California Casualty Gen. Ins. Co. v. Superior Court (1985) 173 Cal.App.3d 274, 281.) Demurrer to the second cause of action (concealment) is sustained. The economic loss rule precludes tort claims when the claim is contractual in nature and the plaintiff has suffered only economic dama...

Excerpt: ...earings” or “Defendants”) own six parcels of real estate (the “Property”) in the “West of Railroad Planned Development (‘WRR PD') area” in the City of Half Moon Bay (“City” or “Plaintiff”). The City has exercised its eminent domain authority and, after paying $91,000 into the State Treasury seeks to take immediate possession of the Property. Defendants oppose the City's motion for pre‐judgment possession; the amount the ...

Excerpt: ...ow, Defendant's Demurrer to the First through Fifth Causes of Action on the ground that the Complaint fails to state facts sufficient to support each of these causes of action because AAUAC lacks standing to bring them, is SUSTAINED WITH LEAVE TO AMEND as to the First, Second, and Third Causes of Action, and OVERRULED as to the Fourth and Fifth Causes of Action. In addition, Defendant's Demurrer to the First, Second, Third, and Fifth Causes of Ac...

Excerpt: ..., Section 1946.2. The Complaint properly states a cause of action for unlawful detainer. The Notice expressly informed Defendants of Plaintiff's intent to sell the property, which is reasonably understood to mean Plaintiff is withdrawing it from the rental market in order to sell it, thereby constituting “just cause” for the unlawful detainer. Further, although Section 1946.2, subd. (d)(2) requires that the Notice state the amount of rent bei...

Excerpt: ... constitutional law.” (R.R. v. Superior Court (2009) 180 Cal.App.4th 185, 205.) The Separate Statement of Undisputed Facts for a motion for summary adjudication of issues must identify each cause of action subject to the motion. Plaintiff improperly combines claims for account stated and open book account into a single issue. Because of the relatively uncomplicated nature of this motion, the Court overlooks the defective paper. Plaintiff's requ...

Excerpt: ...Court finds that Rona Maskan's motion to quash service of summons is MOOT in light of the Court's ruling on the motion to dismiss, as set forth below. Rona Maskan's motion for an order dismissing Plaintiff Proud Thai Massage, LLC's (“Plaintiff”) Fourth Amended Complaint against Rona Maskan is GRANTED on the ground that Plaintiff did not obtain leave to add Rona Maskan as a Defendant in the Fourth Amended Complaint after voluntarily dismissing...

Excerpt: ...s set forth below. The original hearing on Plaintiff's motion for attorney's fees was held on April 12, 2021. At the hearing, the Court ordered the parties to submit further briefing regarding issues raised during oral arguments. Following the continued hearing, held on June 28, the Court issued an order granting Plaintiff's motion for attorney's fees in the amount of $166,009.00 and permitting further briefing on Plaintiff's request for addition...

Excerpt: ...on 473, subdivision (b). A. Substituted Service on Defendant Magpantay Was Defective. Substituted service must occur at an individual's “usual place of abode”, usual place of business, or usual mailing address. (Code of Civ. Proc. § 415.20 (b).) Plaintiff attempted to serve Defendant Magpantay at a residential address on Kimberly Way in San Mateo. The uncontested evidence is that the San Mateo residence was not Defendant Magpantay's dwelling...

Excerpt: ...ring showing that it served Defendant with the Declaration of Chirsty Briggs, then the Court will rule on Plaintiff's Motion as follows: Plaintiff Sacor Financial, Inc.'s Motion to Correct Error in Rejecting Renewal of Judgment is GRANTED. According to the Declaration of Christy Briggs, she attempted to file a timely renewal application on Plaintiff's behalf on February 12, 2021 but was unable to do so due to technical problems with the Court's e...

Excerpt: ...sel re‐noticed the deposition of Mr. Hernandez. The deposition notice states: “Plaintiff has been informed by the deponent's attorney an interpreter who speaks Spanish will be required for the deponent; therefore, an interpreter who speaks Spanish will be provided to the deponent by Continental Interpreting.” Drakeford Decl., p.3; Exhibit I. On June 8, 2021, two days before the scheduled deposition, Plaintiff's counsel sent an email to defe...

Excerpt: ...the truth of hearsay statements contained in the documents or their legal interpretations. See, e.g., Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113; StorMedia, Inc. v. Superior Court (1999) 20 Cal.4th 449, 457. Respondent's Demurrer to Petitioner's verified Petition is SUSTAINED in part without leave to amend pursuant to Cal. Code of Civ. Proc. § 430.10(e) with respect to the First Cause of Action, and OVERRULED i...

Excerpt: ...hat the Parties' met and conferred regarding the basis of Defendants' Motion to Strike Portions of the Plaintiff's Complaint as directed by the Court in its July 22, 2021 Order, the Court has reviewed the Parties' papers in support of and in opposition to the Motion and rules as follows. The Motion to Strike Portions of Plaintiff's Complaint filed by Defendants Rushmyfile, Inc., FMC Lending, Inc. dba American Private Money Group and Andrew A. Dio...

Excerpt: ...e Civ. Proc., §430.10(e). Plaintiff did not assert a fraud cause of action in his Second Amended Complaint. Plaintiff has stated facts sufficient to state a cause of action for failing to obtain Plaintiff's informed consent. Cobbs v. Grant (1972) 8 Cal.3d 229, 243 (holding that “as an integral part of the physician's overall obligation to the patient there is a duty of reasonable disclosure of the available choices with respect to proposed the...

Excerpt: ...y will accommodate the ends of justice.”); Caiafa Prof. Law Corp. v. State Farm Fire & Cas. Co. (1993) 15 Cal.App.4th 800, 804 (“It is black letter law that, when a federal action has been filed covering the same subject matter as is involved in a California action, the California court has the discretion but not the obligation to stay the state court action.” (citations omitted).) “'In exercising its discretion the court should consider ...

Excerpt: ...an Express Bank FSB against Defendants C.D. Rowsell and Bosonda International Ltd. as to all claims alleged in the First Amended Complaint is GRANTED. Alternatively, Plaintiff's motion for summary adjudication of the first cause of action for breach of contract is GRANTED; Plaintiff's motion for summary adjudication of the second cause of action for account stated is GRANTED; Plaintiff's motion for summary adjudication of the third cause of actio...

Excerpt: ...iff's or Defendant's objections; the challenged evidence was not material to disposition of the motion. (Code of Civ. Proc. § 437c, subd. (q).) The Court grants Plaintiff's Request for Judicial Notice as to Exhibits 1, 2, and 3 and Defendant's Request for Judicial Notice as to Exhibits 15 through 26. The Court reminds Counsel for both parties to comply with California Rules of Court. E‐filed documents must be electronically bookmarked, includi...

Excerpt: ...,740.62. This case was single‐assigned to the Hon. Nancy L. Fineman, who presided over the pre‐trial hearings and trial in this matter. The parties' lease contains an attorneys' fees clause. Complaint, Ex. A, ¶ 23. Plaintiff is the prevailing judgment as a result of the judgment in his favor. Accordingly, he is entitled to attorneys' fees. Attorney fees are ordinarily determined by the court pursuant to the “lodestar” method. Under the l...