Excerpt: ...he United States.” (Code of Civ. Proc. § 526, subd. (b)(2); Civ. Code § 3423, subd. (b) [same].) Exceptions exist, such as when an “exceptional circumstance” exists that outweighs the judicial restraint and comity owed to courts of separate sovereignty. (Advanced Bionics Corp. v. Medtronic, Inc. (2002) 29 Cal.4th 697, 706; see also TSMC North America v. Semiconductor Mfg. Int'l Corp. (2008) 161 Cal.App.4th 581, 590.) No such exceptional c...

Excerpt: ...n brief (pp. 1:22‐13:14), and Exhibits C, D, E, F, H, J, and K to the Sean Wells Declaration, the Motion is DENIED. Regarding the Defendant's Opposition brief (pp. 14:2, 14:16‐ 17), the Motion is GRANTED. Pursuant to California Rules of Court, rule 2.551(b)(6), within 10 days of this order denying Defendants' Motion to Seal, Defendant may notify the Court and all other parties that the following documents lodged on March 8, 2021 are to be fil...

Excerpt: ...y of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party.” (C.C.P. § 128.7(a).) “An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party.” (Ibid.) A notice of hearing must be filed and served with the Demurrer. (See CRC Rule 3.1320(c).) Thus, the Notice of Hearing is STRICKEN...

Excerpt: ... argument lacks merit, both because Defendant filed no evidence supporting this argument, and because he admits he resides in California. The motion also appears to challenge subject matter jurisdiction and service of the Complaint. These arguments were not properly noticed. Defendant also offers no evidence or authority indicating the Court lacks subject matter jurisdiction, or that the Complaint was improperly served. While Defendant's moving p...

Excerpt: ...Court grants Plaintiff's request for judicial notice as to all requested matters. The Court exercises its discretion not to rule on U.S. BANK's objections to Defendants' opposing evidence, since none of the evidence affects the Court's ruling on the motion. (Code of Civ. Proc. Sect. 437c, subd. (q) (court need rule only on objections deemed material to court's disposition of motion).) A. Plaintiff U.S. BANK Meets its Initial Burden A partition ac...

Excerpt: ... The Demurrer to Plaintiff's Second Amended Complaint (SAC) is SUSTAINED without leave to amend pursuant to Cal. Code of Civ. Proc. § 430.10(e). First CAUSE OF ACTION (COA) for Declaratory Relief This COA is dependent on the other COA's in the SAC. As discussed below, those COAs fail. Second COA for Breach of Oral Contract As was the case with the First Amended Complaint (FAC), the SAC does not allege mutual consideration (See CACI 302 (Contract...

Excerpt: ...ding to dismiss Plaintiff's action on grounds of forum non conveniens is DENIED, for the reasons set forth below. Defendant Financial Pacific Leasing's motion for joinder in the motion to dismiss is GRANTED. The motion is procedurally proper as a defendant may file a forum non conveniens motion after a demurrer is filed. Global Financial Distributors, Inc. v. Superior Court (2019) 35 Cal.App.5th 179, 191‐192. Defendants Jeff O'Day and First Pac...

Excerpt: ...gal arguments in this demurrer are not applicable to her. The joinder is also unnecessary because she has filed her own demurrer. The Court rules of the Demurrer of MOORE as follows: Demurrer to the ninth cause of action (breach of fiduciary duty) is OVERRULED. As a real estate broker who promised to act on behalf of Plaintiff regarding the sale of the business, paragraph 12 of the Complaint, MOORE had a fiduciary duty to Plaintiff. (William L. L...

Excerpt: ...and Inventions Assignment Agreement is substantively unconscionable and, if so; (ii) whether that provision may be severed from the Agreement. Upon review of the parties' original moving papers and opposition, as well as the parties' supplemental briefs and the authorities cited therein, the Court rules that Defendant Snowflake, Inc.'s Petition to Compel Arbitration and Stay Proceedings is GRANTED for the reasons set forth below. Defendant has me...

Excerpt: ...ssional negligence claim. (Mot. at 16:28‐17:20.) The “Plaintiff has no evidence” rule for summary judgment is that “the plaintiff does not possess, and cannot reasonably obtain, evidence that would allow such a trier of fact to find any underlying material fact more likely than not.” (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 845.) Though Plaintiff's answers to Defendant's first set of Special Interrogatories largely reitera...

Excerpt: ...ble Statute of Limitations (“SOL”) is one year pursuant to Cal. Gov. Code § 12960, as it was in effect prior to January 1, 2020 when it was modified by the SHARE Act to a three‐year period. According to Plaintiff, the SOL began to run only when SamCERA granted her application for disability retirement in December 2019 with a lessened lump sum payment because of Plaintiff's return to work in 2015. Plaintiff alleges that Defendant County act...

Excerpt: ...t South Bay Real Estate Commerce Group does not accept Plaintiff/Respondent MDIG's estimate of value. Therefore, the court must estimate the proper value. (Code of Civ. Proc. § 995.950, subd. (c).) Neither the moving nor opposing papers presents any admissible or reliable evidence concerning the present value of the Half Moon Bay property. MDIG offers a copy of records purportedly from the San Mateo County assessor's office, but tax assessors ar...

Excerpt: ...esponsive documents. It does not state whether Nordstrom agrees to produce all responsive documents in its possession, custody, or control, except those to which an objection is lodged. { See Code Civ. Proc. Sect. 2031.220}. Nordstrom shall serve a further response that complies with Sect. 2031.220. To the extent Plaintiff is arguing that certain document(s) Nordstrom promised to produce have not been produced, Plaintiff's remedy is a motion to c...

Excerpt: ... Defendant's Motion for Judgment on the Pleadings without leave to amend as to the First and Second Causes of Action in the Second Amended Complaint and made other rulings, which order Plaintiff seeks to have vacated. Plaintiff brings this unopposed motion to Vacate Judgment on the Pleadings, and to Set this Equity Action for Trial, or in the Alternative, to Enter Judgment in Favor of Plaintiff on the Second Cause of Action to Correct the Record ...

Excerpt: ... Defendant has not established that it cannot be held vicariously liable for its supervisory and administrative employees that allegedly knew about Molina's abuse, and are alleged to have still retained and inadequately supervised her. (See C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 865, 875.) (2) The motion to strike portion of paragraph 59 is GRANTED only as to the portion “while in the course and scope of employme...

Excerpt: ...ted that there is a right to privacy under the California Constitution, Article I, Section 1, the right is not absolute and can be waived. In this case, there is no question that Plaintiff has tendered his mental condition in this lawsuit and that Defendants are entitled to documents related to that issue. The issue presented before this Court is the scope of the production of a subpoena issued to Plaintiff's only disclosed healthcare provider wh...

Excerpt: ... W.R.C., a minor individual, by and through, guardian ad litem, Sonia Marisol Cruz, is ruled on as set forth below. The Court has considered, in full, Plaintiff's opposition brief, even though it exceeds fifteen pages and was untimely. California Rule of Court 3.1113(d),(g). Defendants have had an opportunity to respond to Plaintiff's opposition papers. Defendants' Request for Judicial Notice is GRANTED. See Munoz v. State of California (1995) 33...

Excerpt: ...he fourth cause of action for breach of the implied covenant of good faith and fair dealing. Plaintiff shall file and serve his First Amended Complaint (with proper exhibits attached) on or before July 23, 2021. In general, a demurrer can be used only to challenge defects that appear on the face of the pleading, including attached exhibits, or from matters subject to judicial notice. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. Here, the Complaint ...

Excerpt: ...cause any prejudice, but notifies the parties so that they know that any in person appearances before Judge Fineman will be in South San Francisco. The Demurrer of Defendant BBV Profit Sharing Plan (“Defendant”) to the Amended Complaint of Plaintiff Bernice Turner (“Plaintiff”) is ruled on as follows: Defendant's Demurrer to the First Cause of Action for Fraud is SUSTAINED WITH LEAVE TO AMEND based on failure to allege facts sufficient to...

Excerpt: ... Mateo based on the judicially noticed fact that the Police Department is a subsidiary department or division of the City. As in Defendants' briefing, Defendants City of San Mateo and Officer Andre Malott are referred to herein as City Defendants. City Defendants' unopposed Demurrer to the First Cause of Action for Intentional Tort in Plaintiff's Complaint, the only cause of action therein, is SUSTAINED with leave to amend pursuant to Code of Civ...

Excerpt: ... DENIED. Attorney's Fees Authorized by Contract The parties settled this matter following Plaintiff's acceptance of Defendants' CCP § 998 offer to compromise. The offer provided that Defendants would pay Plaintiff $160,000.00 “to resolve fully and finally all of the parties' respective claims against one another, exclusive of costs and fees.” McDonald Decl., Ex. P, p.2; McLennon Decl. ¶ 25. The offer also provided that Plaintiff “shall di...

Excerpt: ...f Action are OVERRULED. Demurrer to the fourth and fifth causes of action are SUSTAINED WITH LEAVE TO AMEND. The reasons for this ruling are set forth below. A. 1st and 2nd Causes of Action (Rescission). Demurrer is OVERRULED as to the 1st and 2nd causes of action (rescission). Service of the Complaint serves as the required notice and offer to restore benefits in this case. (Civ. Code § 1691; Wong v. Stoler (2015) 237 Cal.App.4th 1375, 1385‐1...

Excerpt: ...follows: (1) The Demurrer to the First Cause of Action for Tenant Relocation Assistance, Violation of Cal. Health and Safety Code 17975‐17975.2, is SUSTAINED WITHOUT LEAVE TO AMEND based on failure to allege facts sufficient to support this claim. Defendants demur on the ground that Plaintiff lacks standing to bring this claim because the allegations do not support that Plaintiff and Defendants had a landlord‐tenant relationship. In order to ...

Excerpt: ... Provision In ruling on the Demurrer, the Court must first decide whether California or Colorado law applies to the causes of action at issue. (See Nedlloyd Lines B.V. v. Superior Court (1992) 3 Cal.4th 459, 462 (Nedloyd).) Paragraph 8.7 of the parties' agreement contains a choice of law provision – which states, in pertinent part, that “[t]he Contractor further agrees that any and all disputes arising out of or relating to this Agreement or ...

Excerpt: ...n the ground that Plaintiff failed to correctly add Parkview Produce, Inc. (PP Inc.) as the defendant instead of Parkview Produce, LLC (PP LLC) or to seek leave to file the FAC is overruled. Although Plaintiff should have added PP Inc. and stricken PP LLC from the complaint on October 2, 2019 rather than designate PP Inc. as a doe defendant, Defendant suffered no apparent prejudice. To the extent that Defendant may have been confused by Plaintiff...