Excerpt: ...hrough fourth causes of action asserted in Plaintiffs First Amended Complaint on the grounds that the causes of action were barred by the two-year statute of limitations applicable to claims for breach of an oral contract under CCP S 339.1. (1/19/23 Minute Order.) The Court noted that Plaintiff did not dispute that the two-year statute of limitations was applicable, but rather contended that the claim was timely under the continuous accrual doctr...

Excerpt: ... Civil Procedure Section 340.5, which begins to run after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury. See MP&A ISO Motion, 5:6-8; Opp. 2:16-20. As used in Section 340.5, discovery of the injury means discovery of both the physical condition and also the negligent cause of condition; it refers to the damaging effect of the alleged wrongful act and not the act itself, and no cause of actio...

Excerpt: ...Complaint is DENIED. Defendants shall file and serve their Answers to the Complaint on or before September 1, 2023. Evidence and facts external to the Complaint cannot be considered on a Motion to Strike. In their briefing, both parties assert arguments based on the "Traffic Collision and other supposed "evidence," including a declaration from Plaintiff's counsel. None of this, however, is part of the Complaint. On a Motion to Strike, the Court o...

Excerpt: ...assaulted at defendants' massage franchise, and she asserts numerous causes of action and requests punitive damages. Defendants bring this Motion to Strike parts of Plaintiff's First Amended Complaint ("FAC"), seeking to remove "all language regarding fraud, misrepresentation, concealment, and conspiracy." (Memorandum of Points and Authorities in Support of Motion to Strike ("MPA") at 4.) Specifically, inter alia, Defendants request that the Cour...

Excerpt: ... p.m. on August 21, 2023. In these motions in these related cases, defendant/judgment debtor Josefina A. Manalo seeks pursuant to Code of Civil Procedure section 473 to vacate the clerk's judgments confirming orders of the Labor Commissioner on the basis of fraud and for a new trial pursuant to Code of Civil Procedure section 657. Both the Labor Commissioner and plaintiffs/judgment creditors agree that there was an error in having two judgments e...

Excerpt: ...In a civil cause a jury may be waived by the consent of the parties expressed as prescribed by statute." One such statute, section 631, states that "[iln civil cases, a jury may only be waived pursuant to subdivision (f)." (Code Civ. Proc., S 631, subd. (a).) Subdivision (f) then enumerates the ways in which "[a] party waives trial by jury ... One way is "[b]y failing to timely pay the fee described in subdivision (b), unless another party on the...

Excerpt: ...r to specified causes of action or defenses." Defendants' has failed to failed to comply with this rule. The court overlooks that deficiency because plaintiffs have not raised it, but it has made it more difficult for the court to review the demurrer. Plaintiffs object that the demurrer was untimely, but in its discretion, the court is considering the demurrer because there is no prejudice to plaintiffs. Further, it appears that defendants made a...

Excerpt: ...d. (e). These causes of action are tme barred by the applicable statute of limitations under Code of Civil Procedure, section 337, subd. (a), and therefore fail to state a claim upon which relief can be granted. The gravamen of Plaintiff's First Amended Complaint arises out of alleged overcharges on Plaintiff's real estate loan from Defendant Bank of America, in which Plaintiff purportedly received a misstated HUD-I statement when he signed the l...

Excerpt: ...n on the same cause of action as alleged in Plaintiffs complaint." (Demurrer, at p. 2: 15-17.) The other action is the marital dissolution case, FAM 08648. The record shows that final judgment was entered in 21W6, with no further activity in that matter since then. Therefore, no claim of partition between the parties is pending in any other action. The Demurrer quotes Section l, Paragraph 5 of the Marital Settlement Agreement ("MSA"), providing t...

Excerpt: ...n required by Code of Civil Procedure, section 430.41. Defendants' counsel is reminded to strictly comply with all meet and confer requirements going forward. In the Court's discretion, despite the defective meet and confer, the Court will proceed to rule on the demurrer's merits. Defendants' Demurrer to the Eleventh Cause of Acton (violation of FEHA) is OVERRULED. Defendants argue that this claim fails to state a cause of action because (a) Plai...

Excerpt: ...tatutory notice requirements will not support an unlawful detainer action. (Code Civ. Proc., S 1162, see also Kwok v. Bergren (1982) 130 Cal.App.3d 596, 600 (Kwok) ["The statutory procedure must be strictly followed."l.) Proper service of a valid notice is a prerequisite, and invalid notice will not support a judgment. Code Civ. Proc., S 1161; Kwok, supra, 130 Cal.App.3d, at p. 599.) Plaintiffs three-day notice to pay rent or quit is fatally defe...

Excerpt: ...f for legal services performed on an hourly rate basis for attorney Cary Kletter at $550 per hour. (UMF, Nos. 1, 3.) Defendant also does not dispute that (1) in April 2022, Plaintiff resolved the underlying matter with Defendant's express consent which resulted in a settlement agreement with the opposing party signed by Defendant, or that (2) Defendant has not paid any portion of the $23,116.77 in legal fees and costs billed to him under the part...

Excerpt: ...n of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that the right to compel arbitration has been waived by the petitioner, or grounds ex...

Excerpt: ...ion against the claimants compelling them to interplead and litigate such claims. (Code Civ. Proc., S 386, subd. (b).) "The purpose of interpleader is to prevent a multiplicity of suits and double vexation." (City of Morgan Hill v. Brown (1999) 71 Cal.App.4th 1114, 1122.) Accordingly, the existence of at least two competing claims on the same property or obligation is required to maintain an interpleader acton. The Complaint alleges that Defendan...

Excerpt: ...rict's decision in Raymond Handling Concepts Corp. v. Superior Court (1995) 39 Cal.App.4th 584, 590—591. In that case, the trial court drafted an order that "allowed disclosure only to counsel in similar cases and only if counsel executed a stipulation agreeing to be bound by the protective order. The order further required counsel to notify defense counsel when disclosure was made." The appellate court noted that "This gives defense counsel an...

Excerpt: ... above, a three-day notice must include "the amount which is due." A notice that seeks rent in excess of the amount due is invalid and will not support an unlawful detainer action. (Levitz Furniture Co. v. Wingtip Communications, Inc. (2001) 86 Cal.App.4th 1035, 1038 [parenthetical and citations omittedl.) The notice to pay rent or quit upon which Barahona's claim is founded demands a $200.00 late fee in addition to past-due rent of $1,360.00. (J...

Excerpt: ...on the defendant's intentionality. Snowney v. Harrah's Ent. , Inc. (2005) 35 Cal.4th 1054, 1062. This prong is only satisfied when the defendant purposefully and voluntarily directs its activities toward the forum so that it should expect, by virtue of the benefit it receives, to be subject to the court's jurisdiction based on its contacts with the forum. ld. Thus, purposeful availment occurs where a nonresident defendant purposefully directs its...

Excerpt: ...not filed any papers subsequently, and the moton remains unopposed. Defendants' motion to compel discovery set for hearing on August 23, 2023 is VACATED AS MOOT. The Court finds as follows: Plaintiff's complaint is for recovery on a $260,000 Check written to Plaintiff by Defendants. (See Civ. Code sect. 1719, subd. (a)(l) (statutory basis for liability against "any person who passes a check on insufficient funds").) Defenses to a claim for a dish...

Excerpt: ...ied upon, and that she was deceived. Her claims are based on HealthSmart's use of the descriptions "healthy" and "all-natural," yet as is apparently conceded by Plaintiff, HealthSmart has not used these adjectives to describe the products purchased by Plaintiff. HealthSmart notes the accused Sweet Nothings products are just one of several product lines. HealthSmart points to its website to demonstrate that, in fact, HealthSmart has not used the w...

Excerpt: ...RTY MUST NOTIFY DEPARTMENT FOUR AND ALL OTHER PARTIES BY 4:00 P.M. ON MONDAY, AUGUST 7, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 15, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 15, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON AUGUST 8, 2023. Defendant snowflake, Inc.'s Motion to compel Compliance with Stipulated Protocol for Forensic Analysis a...

Excerpt: ...ULL BELOW AND IF A PARTY HAS CONTESTED THE TENTATIVE, IT IS SO INDICATED. IF THE TENTATIVE IS CONTESTED, THE CONTESTING PARTY MUST NOTIFY DEPARTMENT FOUR AND ALL OTHER PARTIES BY 4:00 P.M. ON MONDAY, AUGUST 7, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 15, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 15, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING O...

Excerpt: ...n on substantive grounds, which appears the most effcient way to resolve this motion rather than denying the motion without prejudice on the procedural ground. A defective pleading may be challenged by demurrer, motion to strike, or motion for judgment on the pleadings. (Coyne v. Krempels, (1950) 36 Cal.2d 257. A motion for judgment on the pleadings, which is authorized by Code of Civil Procedure section 438(b)(1), performs the function of a gene...

Excerpt: ...correct address for Department 4 of the Central Courthouse, 800 N Humboldt St, Courtroom G, San Mateo, CA 94401. Therefore, by 4:00 p.m. on August 14, 2023, Plaintiff is to contact defendant to notify him of the correct address of the hearing. Defendant will have until 11:30 on August 15, 2023 to contest the tentative and plaintiff shall also inform defendant of this deadline. Plaintiff shall then APPEAR at the hearing to confirm that this notice...

Excerpt: ...tice of this order. Plaintiff TGA F299 Franklin LLC's Request for Judicial Notice is GRANTED. Defendants Matte Sun Group's and Evan Haskell's Request for Judicial Notce is DENIED. Defendants Matte Sun Group (MSG) and Evan Haskell demur to the First Amended Complaint's two contract claims generally, on the basis that neither states facts suffcient to constitute a cause of action, and specially, on the bases that Haskell is not a proper party and t...

Excerpt: ... TO AMEND. The complaint contains many evidentiary allegations that Plaintiff was harassed on the basis of his Indian heritage. The Complaint, however, does not allege discrimination based on his Indian heritage. There are no allegations that Plaintiff was treated differently from any employees who were not of Indian heritage. The Complaint alleges that sexual harassment is actionable as discrimination if it is so severe or pervasive as to alter ...

Excerpt: ...laint no later than five (5) days after service of written notice of this order. Plaintiff TGA F299 Franklin LLC's Request for Judicial Notice is GRANTED. Defendants Urban Flat, LLC's and Evan Haskell's Request for Judicial Notice is DENIED. Defendants Urban Flat, LLC ("urban") and Evan Haskell demur to the First Amended Complaint's two contract claims generally, on the basis that neither states facts suffcient to constitute a cause of action, an...

Excerpt: ...ions is DENIED. Defendants move this Court to strike Plaintiff's allegations as to alter ego liability because, inter alia, they argue that Plaintiff has failed to adequately plead facts supporting a unity of interest between the Defendants such that the corporate veil should be pierced. At the pleading stage, the Court looks to whether Plaintiff has adequately pled sufficient facts to support the two requirements of the alter ego theory: unity o...

Excerpt: ...iberally to permit amendment of pleadings. Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939. Particularly "[w]here no prejudice is shown to the adverse party, the liberal rule of allowance prevails." Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 564. The Court agrees, in part, with Accessible Home Lift Companvs ("Accessible") allegations of delay and lack of diligence in seeking leave to amend. HSS's proposed FACC seeks to add Mesa underwriters S...

Excerpt: ...ries, depositions, and matters of which judicial notice shall or may be taken." Under Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, the party moving for summary judgment has the burden of production to make a prima facie showing that there is no triable issue of any material fact. The burden then shifts to the nonmoving party to make a prima facie showing that there is a triable issue of material fact. Here, there is no opposition, so ...

Excerpt: ...nd Annie Zhao because, although they were parties to the original Complaint filed on April 17, 2017, they were not named as Plaintiffs in the First Amended Complaint (FAC) filed on October 30, 2017. According to Defendants, "this Court could not award an individual recovery to SUN and ZHAO without the FAC being amended to include SUN and ZHAO as individual plaintiffs, and that amendment being served on the Chu Defendants, which did not occur in t...

Excerpt: ... entered into a General Mutual Release (the "settlement agreement") signed by the settling parties on May 25, 2023, May 29, 2023, and June 5, 2023, under which Plaintiffs unequivocally Cross-Defendant's offer of $10,000.00 to resolve their claim in exchange for a full release of all claims against Cross-Defendant. The non-exhaustive factors for making a determination of good faith settlement are provided by TechBilt, Inc. v. Woodward-Clyde & Asso...

Excerpt: ...ourt takes judicial notce of their filing dates and contents, but not as to the truth of statements/allegatons in the documents. Plaintiff's 7-27-23 Request for Judicial Notice is GRANTED. (Evid. Code Sect. 452(d)). Defendant's 8-3-23 Objections to Evidence are all OVERRULED. The Court rules on objections to evidence, not objections to alleged "facts" in Plaintiff's Separate Statement. Further, for the most part, Defendant's arguments go to the w...

Excerpt: ...illon ("Plaintiffs") is SUSTAINED WITHOUT LEAVE TO AMEND. (1) The Demurrer to the First Cause of Action for Wrongful Foreclosure is SUSTAINED WITHOUT LEAVE TO AMEND based on failure to state facts sufficient to support this claim. The SAC alleges that the Notce of Default ("NOD") improperly demanded $13,643.36. (SAC 27.) Plaintiffs acknowledge that they missed monthly $650.00 payments beginning October 2018, and were in arrears for 17 months at t...

Excerpt: ...e enforcement of a right to inspection of corporation books and records is done by Petition, not by Complaint. (2) Section 1501(c) has to do with disclosure of financial statements and/or creation of quarterly financing statements — which is not the relief that Vaid has pleaded. (3) Demand for inspection of books and records is under Sectons 1601 and 1602, not 1500 or 1501. (4) In an action to enforce under Section 1503, the Court may appoint a...

Excerpt: ...CONTINUED TO AUGUST 15, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT TH AUGUST 15, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON AUGUST 8, 2023. Defendant Snowflake, Inc.'s Mohon to Compel Compliance with Stipulated Protocol for Forensic Analysis and Request for Monetary Sanctons is GRANTED for the reasons set forth below. In November 2022, the parties entered into a Stipulated P...

Excerpt: ...NOTIFY DEPARTMENT FOUR AND ALL OTHER PARTIES ay 4:00 P.M. ON MONDAY, AUGUST 7, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 15, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 15, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON AUGUST 8, 2023. The court VACATES the case Management Conference set for September 12, 2023 at 2:00 p.m. and resets it for Septem...

Excerpt: ..., 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON AUGUST 8, 2023. Defendant Joseph's Motion for Terminating Sanctions and Further Monetary Sanctions is DENIED. "The trial court may order a terminating sanction for discovery abuse after considering the totality of the circumstances: [the] conduct of the party to determine if the actions were willful; the detriment to the propounding party; and the number of formal and informa...

Excerpt: ...ocedure Section 430.10(e). Counsel for Defendants shall prepare, circulate and submit a proposed Judgment of Dismissal. Each of the complaints in the consolidated achon is based on a 60-day notice and intent for the landlord and his family to move in under the City of East Palo Alto 2010 Rent Stabilization and Just Cause for Eviction Ordinance (the "Just Cause Ordinance"), with each notce stating: ...Landlord is in compliance with Sections 14.04....

Excerpt: ...ion for summary adjudication of issues. As a preliminary matter, the exhibits filed in support of this motion fail to comply with California Rules of Court rule 3.1110(f)(4). All future exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit. Failure to properly bookmark exhibits may result in rejection of the filin...

Excerpt: ... no merit against El Camino Motors. The Court exercises its discretion to not rule on Plaintiffs' Objections to UMFs 7, 8, 9, 18, 20, 36, and 39 (incorrectly cited as UMFs 6, 7, 8, 17, 19, 35, 38). None of the challenged material facts is material to the Court's disposition of the motion. (Code of Civ. Proc. S 437c, subd. Further, objections must be to evidence. Except for Objection No. 1, Plaintiff improperly objects to the undisputed Material F...

Excerpt: ...der it entered, it may do so on its own motion and enter a different order. Here, Plaintiff requests that the Court reconsider its August 6, 2021 Order compelling arbitration and staying this action pending resolution of that arbitration. As Defendant points out, Plaintiff's Motion is not a Motion of the Court, so Section 1008(c) does not grant authority for Plaintiff to bring this Motion. Opp. 2:11-18. Plaintiff acknowledges in their Reply brief...

Excerpt: ...obayo's ("Plaintiff") First Amended Complaint ("FAC") is SUSTAINED as to each asserted cause of acton. Code Civ. Proc. Sect. 430.10(e). Page limit violation. In addition to other violations of the California Rules of Court (CRC), Plaintiff's 53-page Opposition brief exceeds the page limit by about 38 pages. See CRC 3.1113(d) (Opposition briefs limited to 15 pages). The Court has disregarded the portion of Plaintiff's Opposition brief that exceeds...

Excerpt: ...rded to Plaintiff MDIG, the Motion to Tax is DENIED. With respect interest accrued on the judgment, the Court will decide this issue at the Sept. 14, 2023 hearing. Background. In Nov. 2016, the parties entered into a Settlement Agreement, which provided that Defendants/Judgment Debtors South Bay Real Estate Commerce Group, LLC and George Cresson would pay $450,000 to plaintiff/Judgment Creditor Mount Diablo Investment Group (MDIG), per a payment ...

Excerpt: ...poenas of four affiliated persons—Jo Chamberlain, Michael Kimsey, Chris Carneghi, and Kenneth Habeeb—issued by Defendants and Crosscomplainants Thomas J. Gearing and Daniel K. Gearing (collectively "the Gearings") for oral testimony and scheduled for June 12 and 13, 2023. In the alternative, Coastside Land Trust requests a protective order limiting the scope of these depositions. A. Coastside Land Trust Has Standing Both the Notice and Amende...

Excerpt: ...l. CCP S 564.6(a). The individual Plaintiffs and individual Defendants (with Bryan Holmes signing as managing member of FFC Alameda DLP, LLC) all signed a written settlement agreement laying out payments owed by Defendants to the Plaintiffs according to a payment schedule. Ex. A to Decl. of Adam L. Pedersen ("Pedersen Decl."). There is no dispute as to the amount or terms contained in the settlement agreement. Defendants have failed to make payme...

Excerpt: ...n arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that the right to compel arbitration has been waived by the petitioner, or grounds exist for rescissio...

Excerpt: ...to Demurrer" filed May 26, 2023 (11 pages), (2) "Objection to Demurrer Amendment" filed June 5, 2023 (3 pages), and (3) "Defendants Demurrer Action and Plaintiff's Points and Authorities" filed June 5, 2023 (10 pages). "Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages." (Cal. Rules of Court ("CRC") Rule 3.1113(d).) All three documents together therefore violate the page limits pe...

Excerpt: ... without leave. A. Legal Standard on Demurrer The purpose of a demurrer is to test the legal sufficiency of the facts alleged in the operative complaint to see whether they state a cause of achon under any legal theory, as a matter of law. (New Livable Cal. v. Association of Bay Area Gov'ts (2020) 59 cal.App.5th 709, 714-715; Genis v. schainbaum (2021) 66 cal.App.5th 1007, 1014.) The demurrer may be made to the entre complaint or to any of the ca...

Excerpt: ...2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 1, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 1, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON JULY 25, 2023. Defendants James Kochman's and Terrie Kochman's Demurrer to Plaintiff Tellus App, Inc.'s Complaint is OVERRULED. Defendants shall serve an answer within five calendar days of notice of entry of o...

Excerpt: ...3. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 1, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 1, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON JULY 25, 2023. Plaintiff's Notice of Motion incorrectly states that the hearing will be held at the Court's Redwood City address, rather than the correct address for Department 4 of the Central Courthouse, 800 N H...

Excerpt: ...TMENT FOUR AND ALL OTHER PARTIES BY 4:00 P.M. ON MONDAY, JULY 24, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 1, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 1, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON JULY 25, 2023. PLAINTIFF HAS CONTESTED THE TENTATIVE The Motion of Defendant Sutter Bay Hospitals ("Sutter") to Compel Arbitration and to Stay t...

Excerpt: ...IED. Plaintiff's request for sanctions is also DENIED. Defendant seeks Plaintiff's medical/psychological records, which are personal records as defined in Code of Civil Procedure section 1985.3(a)(1). Giang Decl„ 98. A Notice to Consumer dated May 27, 2022 was included with the subpoena in compliance with the requirements of Section 1985.3(b), (e) regarding consumer records. ld.; Exh. A. This procedural requirement has therefore been satisfied....

Excerpt: ... active docket on the ground that Defendant Fernanadina Y Quiambao ("Defendant") defaulted in making payments pursuant to the Stipulated Settlement Agreement between the parties. (See D'Anna Decl., and Exh. 1.) Plaintiff seeks to set aside the Notice of Settlement under Code of Civil Procedure secton 473(b). Plaintiff contends that the Notice of Settlement was filed due to the mistake, surprise, inadvertence and/or neglect of Plaintiff's counsel ...

Excerpt: ...IED. Plaintiff's request for sanctions is also DENIED. Defendant seeks Plaintiff's medical/psychological records, which are personal records as defined in Code of Civil Procedure section 1985.3(a)(1). Giang Decl„ 98. A Notice to Consumer dated May 27, 2022 was included with the subpoena in compliance with the requirements of Section 1985.3(b), (e) regarding consumer records. ld.; Exh. A. This procedural requirement has therefore been satisfied....

Excerpt: ...TMENT FOUR AND ALL OTHER PARTIES BY 4:00 P.M. ON MONDAY, JULY 24, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 1, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 1, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON JULY 25, 2023. PLAINTIFF HAS CONTESTED THE TENTATIVE The Motion of Defendant Sutter Bay Hospitals ("Sutter") to Compel Arbitration and to Stay t...

Excerpt: ...3. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 1, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 1, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON JULY 25, 2023. Plaintiff's Notice of Motion incorrectly states that the hearing will be held at the Court's Redwood City address, rather than the correct address for Department 4 of the Central Courthouse, 800 N H...

Excerpt: ... without leave. A. Legal Standard on Demurrer The purpose of a demurrer is to test the legal sufficiency of the facts alleged in the operative complaint to see whether they state a cause of achon under any legal theory, as a matter of law. (New Livable Cal. v. Association of Bay Area Gov'ts (2020) 59 cal.App.5th 709, 714-715; Genis v. schainbaum (2021) 66 cal.App.5th 1007, 1014.) The demurrer may be made to the entre complaint or to any of the ca...

Excerpt: ...nts' request for judicial notice is GRANTED pursuant to Cal. Evidence Code Section 452(c). The Notice of Pendency of Action relating to 15 Salmark Court, Hillsborough, California, APN 038-181-250 ("Property"), recorded on January 20, 2022, in the office of the County Clerk-Recorder of San Mateo County, Document Number R0003203261 is hereby expunged. Cal. Code of Civil Procedure Section 405.20 allows a party to an action who asserts a real propert...

Excerpt: ...arbitration all claims raised in the Complaint. This action is STAYED pending resolution of the arbitration proceedings. Defendant Greystar Management Services, LP ("Greystar") moves here to compel Plaintiff Giovanni Bruschi's claims regarding his former employment with Greystar. The parties do not dispute that a valid arbitration agreement governed by the Federal Arbitration Act (the "FAA") covers at least some of the claims asserted in the Comp...

Excerpt: ...cises its discretion to not rule on Plaintiffs' Objections to the Declaration of Marites Reddy or Defendant's Objections to Exhibits D and H to the Declaration of Vanessa Efremsky (police report and toxicology report). None of the challenged evidence was material to the Court's disposition of the motion. (Code of Civ. Proc. S 437c, subd. (q).) A. Workers' Compensation Is the Sole Remedy for Plaintiffs' Claims. In general, workers' compensation be...

Excerpt: ...is SUSTAINED WITH LEAVE TO AMEND. To state a claim against a public entity, "every fact material to the existence of its statutory liability must be pleaded with particularity." (Lopez v. Southern Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780, 795.) Plaintiffs fail to plead material facts with particularity against CCSF, and instead include the same general allegations against all defendants regarding liability for dangerous condition of public p...

Excerpt: .... Standing Plaintiff has not alleged an interest in the Property. Although he alleges that he attempted to adversely possess the Property, and that he attempted to buy it at public auction, he does not allege that either attempt vested him with an interest, nor do the alleged facts support such a conclusion. A complaint filed by a party who lacks standing is subject to demurrer because it fails to state a cause of action by the particular named p...

Excerpt: ...ge in a good faith interactive process; (6) retaliation for exercising rights under FEHA; (7) retaliation in violation of CFRA; (8) failure to prevent harassment, discrimination, and retaliation; (9) whistleblower retaliation; (10) wrongful termination in violation of public policy; (11) violation of Business and Professions Code S 17200 et seq. After filing their Answer, Defendants demurred to Plaintiff's third cause of action, harassment, on th...

Excerpt: ...iled within 10 days' notice of the order being challenged. (Code of Civ. Proc. S 1008, subd. (a). The order was entered December 29, 2021, but no Proof of Service is on file showing that the Order was served on any party. Therefore, the 10-day limit does not preclude a motion for reconsideration. Regardless, the motion is denied for failure to demonstrate the existence of new or different facts, c:ircumstances, or law that were not before the Cou...

Excerpt: ... $9,744.60 on the counts for an open book account and account stated. The final judgment shall be entered in accordance with such upon termination of the action. A. Legal Standard on Summary Judgment or Adjudication Pursuant to Code of Civil Procedure secton 437c, a party may move for summary judgment if it contends that there is no defense to the action. (Code of Civ. Proc., S 437c, subd. (a)(l).) In addition, "[al party may move for summary adj...

Excerpt: ...in this case is premature, and discovery of Mr. Carneghi's work as a consulting expert concerning his appraisals is protected by attorney privilege. Defendants respond that "Carneghi must be made available as a fact witness so that he may testify about the physical descriptions of all the lots that he perceived." (Opp., p.13.) According to Defendants, "If not permitted to depose him at this tme and only after he was formally disclosed, [Defendant...

Excerpt: ... 1, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 1, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON JULY 25, 2023. The Motion of Defendant Sutter Bay Hospitals ("Sutter") to Compel Arbitration and to Stay the Underlying Litigation is GRANTED. Sutter seeks to compel arbitration on the ground that there is an agreement to arbitrate the claims alleged in Plaintiff Michael L...

Excerpt: ...2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON JULY 25, 2023. Defendants James Kochman's and Terrie Kochman's Demurrer to Plaintiff Tellus App, Inc.'s Complaint is OVERRULED. Defendants shall serve an answer within five calendar days of notice of entry of order. (Code of Civ. Proc., S 1167.3; Cal. Rules of Court, rule 3.1320(g).) Defendants James Kochman and Terrie Kochman (collectively "the Kochmans") here specially demur to the C...

Excerpt: ...DOPTED AT THE AUGUST 1, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON JULY 25, 2023. For the reasons stated below, the Court-appointed Referee Hon. Joseph F. Biafore, Jr.'s (Ret.) "Supplemental Application for Payment of Fees and Discharge," filed May 19, 2023, is GRANTED-IN-PART and DENIED-IN-PART. code Civ. Proc. Sects. 873.810; 874.010 et. seq. Background. The Court's prior orders summarize the case background, which th...

Excerpt: ...ase Information Technology Corp.'s, and Hong Kong NetEase Interactive Entertainment Ltd.'s and Defendants and Cross-complainants Krafton, Inc.'s and PUBG Santa Monica, Inc.'s Joint Motion to Seal Trial Exhibits and Testimony is GRANTED. Plaintiffs and Cross-defendants NetEase, Inc., NetEase Information Technology Corp„ and Hong Kong NetEase Interactive Entertainment Ltd. (collectively "NetEase") and Defendants and Cross-complainants Krafton, In...

Excerpt: ...ntage of the CCP 474 Dæ amendment procedure where the plaintiff is ignorant of the defendant's actual identity or the facts that give rise to liability against that defendant. (McOwen v. Grossman 153 Cal.App.4th 937, 942-943.) Plaintiff filed this action on October 16, 2020 but learned of the facts creating liability against defendant afterwards. (Leeds Decl., 3-4; Mish Decl., Ex. B, Werner Decl., 3.) Plaintiff could have discovered the informat...

Excerpt: ...RULING PART 2 OF on the Discovery calendar for Friday, July 21, 2023, Line 3, (specially set to be heard at 1:30 pm. by Jude Pro Tem Scott aorrowman) PLAINTIFFS PEBBLEBROOK HOTEL, LP, PEBBLE8ROOK HOTEL TRUST, SERENITY NOW, LP, A DELAWARE LIMITED PARTNERSHIP, LET IT FLHO, LR A DELAWARE LIMITED PARTNERSHIP, GEARY DARLING, LP. A DELAWARE IMITED PARTNERSHIP, SF TREAT, LP, A DELWARE LIMITED PARTNERSHIP'S MOTION TO COMPEL FURTHER RESPONSES TO FORM INTE...

Excerpt: ...er Re Depositions Of Mydatt Employees Jeffrey Knipmeyer And Fred Anderson And Request For Monetary Sanctions Pro Tem Judge Robert Kane, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all par...

Excerpt: ...person arising from any act of that person in furtherance of the person Is right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim." (CINIe of Civ. Proc. S 425.16(b)(1).) The Court consid...

Excerpt: ...is interest in real property through undue influence, seek restitution and a constructve trust on the profits Defendants allegedly made as a result, add a cause of action for breach of fiduciary duty, and remove the intentional infliction of distress claim in the original Complaint. Defendants object to amendment because they argue that the issues here are res judicata, that the causes of action are barred by the statute of limitations and do not...

Excerpt: ...of a residential property to Plaintiffs Jose Gonzalez and Faviola Gonzalez. Plaintiffs allege that the property contained construction defects. The first through fourth causes of action (breach of contract, breach of express warranw, breach of implied warranty, and breach of implied covenant of good faith) all depend on the allegation that Defendants Scott Duong and Leanne Duong were owners and sellers of the Subject Property. These claims fail t...

Excerpt: ...e CCP S 1094.5 and Vehicle Code Section S 13559 to Set Aside Suspension of Driving Privilege — DUI with Refusal of Chemical Test (Petition), March 2, 2023, Exh. A (CHP Form DS 367); Exh. E (CHP Form 202, Investigative Pettoner later pled guilty to driving in violation of California Vehicle Code, S 23152, subd. (b), which provides, in pertinent part, that "[i]t is unlawful for a #rson who has 0.08 #rcent or more, by weight, of alcohol in his or ...

Excerpt: ...filed on April 6, 2023, is GRANTED-IN-PART and DENIED-IN-PART. Background. The Court's June 6, 2023 Order, which continued the hearing on this Motion to July 18, 2023, described the background of this case and this Motion at length, which the Court will not repeat here. The June 6, 2023 Order requested that Plaintiffs identify, out of the 48 RFPs initially raised by this Motion, the 20 RFPs that are most important to Plaintiffs' case. Following t...

Excerpt: ...gh its "mistake, inadvertence, surprise, or excusable neglect" on "any terms as may be just." Cal. Code Civ. Proc., S 473, subd. (b). The moving party must show that the act or omission resulting in the default is one that a reasonably prudent person might have committed under similar circumstances. Renteria v. Juvenile Justice, Dept. of Corrections & Rehabilitation (20436) 135 Cal.App.4th 903, 910. In addition, the party must show that the moton...

Excerpt: ... As to the First, Second, and Third Causes of Action (libel, libel per se, and "false light"), the Motion is GRANTED-IN-PART AND DENIED-INPART. Each of these first three causes of action appears to be based on multiple Yelp postings (postings that Defendant Liu made on Plaintiff Watters' Yelp page). Some of these postings can potentially form the basis for liability; others cannot. The Court declines to strike any of the first three causes of act...

Excerpt: ...g a court record under CRC Rule 2.550(d). The Court finds: (1) there exists an overriding interest that overcomes the right of public access to the record; (2) the overriding interest supports sealing the record; (3) a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) the proposed sealing is narrowly tailored; and (5) no less restrictive means exist to achieve the overriding interest. ...

Excerpt: ...LC ("Urban") and Evan Haskell demur to the Second Amended Complaint's First and Second Causes of Action generally, on the basis that it does not state facts sufficient to constitute a cause of achon against Haskell, and specially, on the bases of misjoinder and uncertainty. (See Code of Civ. Pru., S 430.10, subds. They also demur generally to the Second Cause of Action, on the basis that it is superfluous. They also demur specially to the entire ...

Excerpt: ... failed to serve the Notice prior to its filing, as required by Cal. Code Civ. Proc., S 405.22. Defendants assert that Plaintiff "filed a notice of the lis pendens action with the court without giving any notce to Defendants." MPA, at p. 4. Accordingly, Defendants assert that the Notice is wid and invalid pursuant to Cal. Code Civ. Proc., S 405.23. In response, Plaintiff contends that the Notice concerns a mobile home, which is not real property,...

Excerpt: ...counts therein. A. Legal Standard on Summary Judgment and Adjudication "A party may move for summary judgment in an action or proceeding if it is contended that the achon has no merit or that there is no defense to the action or proceedng." Cal. Code Civ. Proc., S 437c, subd. (a)(l). A party may also simultaneously move for summary adjudication as to individual causes of action as an alternative to summary judgment. ld., at subd. (f). A cause of ...

Excerpt: ...e a First Amended Complaint with the stricken allegations removed no later than ten (10) days after service of written notice of this order. Defendants Dennis Stiles' and Daniel Johnson's Requests for Judicial Notice is DENIED. Stiles and Johnson here specially move to strike from the Complaint its fourth cause of action for injunctive relief, pursuant to Code of Civil Procedure section 425.15. A. Legal Standard on Ant-SLAPP Special Motion to Str...

Excerpt: ...the attached RISC lack merit Plaintiff's 6-23-23 Objections to portions of the 4- 12-23 Ameripour Declaration, in which Plaintiff objects to the Court considering the attached "Retail Installment Sales Contract" (RISC) , are OVERRULED. Plaintiff's related "Motion to Strike" is also DENIED. Plaintiff objects to the attached RISC on the following grounds: "lack of foundation, lack of authentication, lack of personal knowledge, inadmissible hearsay ...

Excerpt: ...ure Section 430.10(e), and OVERRULED in part, as follows: First COA— Assault SUSTAINED with leave to amend. The elements of a cause of action for assault are: (1) the defendant acted with intent to cause harmful or offensive contact, or threatened to touch the plaintiff in a harmful or offensive manner; (2) the plaintiff reasonably believed he was about to be touched in a harmful or offensive manner or it reasonably appeared to the plaintiff th...

Excerpt: ...y the statute of frauds; (2) the causes of action for transfer and title of property are barred by the statute of limitations; and (3) the activity on which Stiles' and Johnson's liability is based is protected by the ant-SLAPP statute. Though Stiles' and Johnson's memorandum of points and authorities also included a discussion of the standards governing proceedings for civil harassment restraining orders, the Notice of Demurrer and Demurrer make...

Excerpt: ...OA — Fraudulent Inducement Defendants demur to Plaintiff's first cause of action for fraudulent inducement on the grounds that "there are no allegations identifying any 'material fact' that either Mr. Fleming or Mr. Nanduri concealed during the hiring process." (MPA, p.5.) The Court agrees with Defendants. Plaintiff alleges that she was "promised her job security, a reasonable share of Onc.Al, and a proper salary," and that Defendants represent...

Excerpt: ...xists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substan
Ÿal probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restric
Ÿve means exist to achieve the overriding interest. Cal. Rules of Court, rule 2.550(d); NBC Subsidiary, Inc. v. Super. C...

Excerpt: ...ion of plaintiffs' total recovery and the settlor's proportionate liability, (2) the amount paid in settlement, (3) the allocation of settlement proceeds amongst plaintiffs, (4) financial conditions and insurance policy limits of settling defendants, as well as (5) the existence of collusion, fraud, or tortious conduct aimed to injure the interests of non-settling defendants, and (6) a recognition that a settlor should pay less in settlement than...

Excerpt: ...udes a mediation clause, courts generally do not order/compel parties to attend, and pay for, private mediations, because mediations are inherently voluntary. See Jeld-Wen, Inc. v. Superior Court (2007) 146 Cal.App.4th 536, 540, explaining: Mediation is defined as a process in which a neutral person or persons facilitate communication between the disputants to assist them in reaching a mutually acceptable agreement During this process, a neutral ...

Excerpt: ...Sanctions is ruled on as follows: (1) The Motion to Requests for Production ("RFP") Nos. 1, 2, 7, 22, 24, 29, 34, 36, 38-40, 68, 70, 71, 76, 77, 79, 81, 83, 92, and 97 is GRANTED. The dispute regarding these RFP pertains to a 9/1/15 Plan Set that Plaintiff contends Suffolk deleted from Procore Technologies, Inc. ("Procore") and failed to produce in response to these RFP. Suffolk asserted objections to these RFP, but then notwithstanding those obj...

Excerpt: ...very Order is GRANTED IN PART and DENIED IN PART for the reasons set forth below. Defendants Jason Ertola and Brittany Ertola are ordered to provide responses without objections to Plaintiff Mark Benson's March 27, 2023 Form Interrogatories no later than three (3) days after service of written notice of this order. Defendants Jason Ertola and Brittany Ertola are also ordered to pay, jointly and severally, Plaintiff Mark Benson's reasonable expens...

Excerpt: ...of action." Code Civ. Proc. Sect. 430.10(c); see Michael Liberty's 5-2-23 Second Amended Complaint (SAC) in the earlier-filed case, Case No. 21ClV04741, captioned Michael Liberty v. Bank of the West. Accordingly, Mr. Liberty's FACC in this case is HEREBY ABATED/STAYED, pending resolution of Liberty's claims against Hillhouse in Case No. 21CIV04741. Sect. 430.10(c) prov-des for demurrer, and for abatement of the laterfiled action, where "there is ...

Excerpt: ...nt had knowledge of the object to be attained and intentionally participated in the wrongdoing. Demurrer, 6:5-7. The Complaint alleges that each Defendant is an alter ego of the other. Complaint, 937. It also alleges that each Defendant acted both individually and in alignment with the other Defendants with full knowledge of their respective wrongful conduct and building upon each other's wrongdoing in order to accomplish the acts alleged in the ...

Excerpt: ...ion, without prejudice, on March 10, 2023, due to Defendants' failure to demonstrate that the motion had been adequately served on Plaintiff, as well as Defendants' failure to attach a proposed responsive pleading. (3/10/23 Minute Order.) Defendants subsequently filed this motion to set aside the default on March 30, nearly nine months following the entry of default. Because this motion was filed more than six months following the entry of defaul...

Excerpt: ... To Plaintiff'S Complaint On Individuals Brajah Norris And Paula Jones. Specially Appearing Defendants arajah Norris and Paula Jones's motion to quash service of the summons is DENIED. Specially Appearing Defendants' motion appears to be pursuant to Code of Civil Procedure sections 418.10 and 474. The court rejects Plaintiff Johnny Boyer's claim that Jones waived her right to file a motion to quash; while Jones did not bring their motion within t...

Excerpt: ... Castro's Objections to Evidence are OVERRULED. The Complaint asserts six causes of action—two for breach of contract and four common counts—all seeking recovery of the same single sum of $20,372.04 allegedly owed by Defendant Joel L. Castro on a credit card account. (Aug. 29, 2022 Complaint, pp. 3—6.) Plaintiff Wells Fargo Bank, N.A. ("Wells Fargo") moves here for summary judgment, contending there are no issues to be tried on any of these...

Excerpt: ... court may relieve a party from any proceeding taken against them through her excusable neglect on any terms that may be just. (Code of Civ. Proc., S 473, subd. (b).) The moving party must show that the negligent act or omission is one that a reasonably prudent person might have committed under similar circumstances. (Renteria v. Juvenile Justice, Dept. of Corrections & Rehabilitation (2006) 135 Cal.App.4th 903, 910.) In addition, the party must ...