Excerpt: ...t's 3‐9‐21 Minute Order sustaining JAMS' Demurrer to this same cause of action in the First Amended Complaint (FAC), the FAC did not allege that Plaintiff and Waterville ever agreed to arbitrate before JAMS. Similarly, the SAC recites Plaintiff's and Waterville's arbitration agreement, in which they agreed to arbitrate any dispute arising from the vehicle purchase before AAA, “or any other organization … subject to [Waterville's] approval...

Excerpt: ...on ex partes due to the COVID 19 pandemic, the Court set the application for hearing. For the reasons set forth below, the Court finds that there is good cause to issue a temporary restraining order and issue an order to show cause why a preliminary injunction should not issue. Plaintiff seeks a temporary restraining order enjoining Defendant from restricting access and passage on the private easement and requiring the removal of all vehicles and...

Excerpt: ...GARWAL TENTATIVE RULING: Plaintiff/Cross‐Defendant BootUp Ventures, LLC's Motion to Compel, filed 5‐17‐21, which pertains to BootUp's original sets of Request for Production of Documents, Special Interrogatories, and Requests for Admission to Defendants/Cross‐Complainants Tarun Gaur, Jinigram, LLC, and Dial2Buy.com LLC, is DENIED. Commission Halperin's 3‐30‐21 IDC Minute Order made clear that the parties were required to participate i...

Excerpt: ...as to the fact that the FAC was filed and not the contents therein, which are hearsay in the present action. Day v. Sharp (1975) 50 Cal.App.3d 904, 914. 2) Order sustaining Facebook's Demurrer to the First Amended Complaint filed in Balsam v. Facebook, Inc., et al. Case No. CGC‐20‐ CIV‐02559 (S. M. Super. Ct. November 30, 2020). Exh. B. GRANTED. Pursuant to Evid. Code §452(d), the Court may take judicial notice of its own records. Judicial...

Excerpt: ...an Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 25 August 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order On Motion of Plaintiff to Compel Arbitration. I. Statement of Facts. Plaintiff filed this common law complaint on 18 March 2021. On the same date, plaintiff filed a petition to compel Paci...

Excerpt: ...“very hot.” (FAC, ¶ 18). Plaintiff alleges that, on May 25, Defendants reduced the listing price for her home by $325,000 after keeping the property on the MLS for only six days. (Id., ¶ 20). On June 1, Defendants advised Plaintiff that an offer had been made on the property and that Plaintiff “needed to accept it immediately without delay.” (Id., ¶ 22). According to Plaintiff, Defendants did not advise Plaintiff that she had until noo...

Excerpt: ...on, the court first determines whether the defendant has made a threshold showing that the challenged cause of action arises from protected activity. (Rusheen v. Cohen (2006) 37 Cal.4th 1048, 1056.) If the defendant makes this threshold showing, then the burden shifts to the plaintiff to establish a probability of prevailing on the claim. (Ibid.; see also Code of Civ. Proc. § 425.16(b)(1).) The plaintiff “must demonstrate that the complaint is...

Excerpt: ...Court. Plaintiff filed a notice that the case was “at issue” and requested a court trial – at a time when Benjamin Skelton was not a party, and given no notice thereof. The notice of the pretrial conference and of the trial were not served upon Benjamin Skelton. No default was ever entered against Benjamin Skelton – nor requested. No service of process or notice of trial was given to him as an unidentified occupant either, nor was any def...

Excerpt: ...d is otherwise DENIED as to all other causes of action. Plaintiff's request for judicial notice of other lawsuits against Defendants is DENIED and Defendants' objection thereto is SUSTAINED. Defendants' Evidentiary Objections, filed 8‐11‐21, are ruled upon as follows:  Obj. No. 1. OVERRULED.  Obj. No. 2. OVERRULED. Defendants object to this evidence on the basis of hearsay, but it appears that this evidence is not being used to show the...

Excerpt: ...tober 19, 2021 hearing date and retains the November 9, 2021 hearing date. The parties are to cooperate in having the discovery completed. The Court has some initial comments regarding the parties' actions to date in litigating this case. Not every dispute should require court intervention, and those that do should not necessitate inundating the Court with voluminous briefing and documentation. Plaintiff filed this case less than six months ago, ...

Excerpt: ...ne Group Capital Corp. is the alter ego or successor of the judgment debtor. This matter was continued from August 3, 2021 because Plaintiff's counsel had not been aware of any opposition having been filed. Accordingly, the Court continued the hearing so that Plaintiff could file a reply. This tentative is issued after review of that reply and supporting declaration. Plaintiff seeks to amend the judgment to add Fortune Group Capital Corp. as a ju...

Excerpt: ...position brief requests, as an alternative to the Court ruling on the motion, a continuance of the hearing to allow Plaintiffs additional time to conduct discovery. See Code Civ. Proc. Sect. 437c(h). Plaintiffs contend they have been denied an opportunity to depose, or at least to fully depose, Defendant Robert Scott. The request for a continuance is DENIED. Portions of Defendant Scott's deposition have been filed with Plaintiffs' Opposition brie...

Excerpt: ...d Simon under Code of Civil Procedure section 36(a). However, they fail to present admissible evidence as to their age and health. Plaintiffs' counsel submits his own declaration in support of this Motion, with exhibits attached. A declaration supporting a motion for preference under section 36(a) “may be signed by the attorney for the party seeking preference based upon information and belief as to the medical diagnosis and prognosis of any pa...

Excerpt: ...the Court notes that Defendant Essex has filed, and Defendant Suffolk has requested joinder in, a “Motion to Release Mechanic's Liens (Lambert Motion).” However, the property at issue has been released from the mechanic's liens by the release bonds filed by Defendant Suffolk pursuant to Civ. Code, § 8424, which provides that “On recordation of the bond, the real property is released from the claim of lien and from any action to enforce the...

Excerpt: ...plicable. Plaintiff's Motion for Additional Discovery, Compelling Further Responses. Plaintiff's Motion for Additional Discovery is DENIED. Plaintiff seeks an order permitting additional discovery after having already served on Defendant the maximum number of interrogatories and requests for admission allowed in limited civil cases. ( See C.C.P. section 94(a)). On noticed motion, the court may permit additional discovery if the moving party shows...

Excerpt: ...hat it may properly take judicial notice of Exhibits A through D as they are court records. (See Evid. Code § 452(d).) However, the Court does not take judicial notice of the truth of hearsay statements in court files, including pleadings, affidavits, testimony, or statements of fact. (Williams v. Wraxall (1995) 33 Cal.App.4th 120, 130, fn.7.) Regarding Exhibits E through G, the County has not demonstrated that the Court may properly take judici...

Excerpt: ...t filed by Hillsborough Park Company (“HPC”) are DENIED. Absent objection, the Court grants Cross‐defendants Wisemans' Request for Judicial Notice as to all requested matters (Exhibits A through X.) HPC's cross‐complaint seeks to adjudicate that a strip of roadway adjacent to Crossdefendants Wisemans' lot is owned by HPC. The Wisemans contend that the Strip is a dedicated public road. The motion argues that the Howard Estate dedicated wit...

Excerpt: ... LEAVE TO AMEND, the ground that Plaintiff has failed to plead facts with particularity. Demurrer on other grounds is deemed MOOT given the lack of facts alleged in the pleading. Plaintiff shall file her Second Amended Complaint on or before August 28, 2021. Defendant argues that Plaintiff has not pled facts with sufficient particularity to satisfy the heightened statutory pleading standard for statutory liability against a government entity, cit...

Excerpt: ...oves to strike each cause of action in the Cross‐Complaint of Defendants/Cross‐ Complainants Sean Wells and San Francisco Veterinary Medical Group, Inc. dba Nor Cal Veterinary Emergency and Specialty Hospital (“Defendants”), or alternatively to strike ¶¶ 18‐20. A cross‐defendant may bring a special motion to strike any cause of action “arising from any act of that person in furtherance of the person's right of petition or free spe...

Excerpt: ..., but continued to allow discovery regarding Shinno's assets. Upon review of the original and supplemental filings and exercising its discretion, the Court GRANTS the motion and DENIES the application that Shinno's settlement with Plaintiff is in good faith. Code of Civil Procedure § 877.6 allows the Court to approve good faith settlements to stop codefendants from seeking contribution from the settling defendant. The Court considers the followi...

Excerpt: ...tective order for the reasons set forth below. In this motion, Plaintiff seeks to compel a corporate representative designated as the Person Most Qualified (“PMQ”) to answer three further specific deposition and all other deposition questions that Plaintiff may ask in this subsequent deposition. The person most qualified deposition is a specific type of deposition that allows a party to designate subjects rather than a person, and it is the e...

Excerpt: ...ULED on the ground that these claims are barred by the statute of limitations under Code of Civil Procedure section 338(d). Plaintiff alleges facts sufficient to support that these claims are not time barred based on the delayed discovery rule. Specifically, the allegations support both the time and manner of discovery, and Plaintiff's inability to have made discovery earlier than June 19, 2017, despite reasonable diligence. (See First Amended Co...

Excerpt: ...contract, while the contract is between Financial Pacific and Plaintiff. This argument ignores the allegations of agency made in Paragraphs 4 and 7 of Plaintiff's Complaint. These allegations are sufficient for agency. CACI 3700 et seq.; 5 Witkin, Cal. Proc. 5th Plead §§ 919, 920 (5th ed. 2020). Further, the allegations are supported by the apparently uncontested fact that Plaintiff did sign a lease for the spray booth with the moving Defendant...

Excerpt: ...fendant Rajiv Agarwal seeks to quash the service of summons and set aside the entry of his default under CCP § 473(d) on the grounds that the summons was not properly served on him in compliance with CCP § 415.20. According to Defendant, Plaintiff did not properly effectuate substituted service in accordance with CCP § 415.20 because Defendant was not served at his “dwelling house, usual place of abode . . . or usual mailing address.” Defe...

Excerpt: ...e are multiple defendants named in this action, yet the Notice simply purports to seek summary adjudication on behalf of “all Defendants and Cross‐ Complainants” without ever identifying by name who these Defendants and CrossComplainants are. Additionally, Defendants' counsel fails to identify who they represent underneath the attorneys' names. The Memorandum of Points and Authorities also fails to identify by name which Defendants seek sum...