Excerpt: ...o the First Amended Complaint (FAC) of Plaintiff Dategra, Inc. is SUSTAINED WITH LEAVE TO AMEND. 1. Plaintiff's First Cause of Action for Breach of Contract Against CSMC The demurrer to the first cause of action for breach of contract against CSMC is SUSTAINED WITH LEAVE TO AMEND. Plaintiff alleges that CSMC breached the parties' Collaboration Agreement by repudiating it on September 24, 2020, and by failing to perform under its terms on or after...

Excerpt: ... requirements for service of process are not fulfilled. In the unlawful detainer context, a defendant may contest personal jurisdiction where the five‐ day summons specific to unlawful detainer actions is not supported by a complaint for unlawful detainer. Such instances are unusual and arise only where the summons is served alongside a complaint for a completely different cause of action (e.g., breach of contract) or a complaint that fails to ...

Excerpt: ... “all” responsive documents have been produced, and if not, why not. (Code of Civ. Proc. § 2031.230.) Categories 2, 6, 8: Granted. When a response states that a reasonable and diligent search has turned up no responsive documents, the response must “specify whether the inability to comply is because the particular item or category has never existed, has been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer...

Excerpt: ...equests for production were served on Plaintiff on August 10, 2020, along with electronically‐signed verifications. Plaintiff initially filed this motion to compel on October 8, 2020, after the 45‐ day deadline to file a motion to compel further responses to interrogatories and requests for production expired. C.C.P. §§ 2031.310(c), 2030.300(c). The 45‐day deadline is jurisdictional, and therefore the Court lacks authority to grant Plaint...

Excerpt: ...nd Cause of Action for breach of the implied covenant of good faith and fair dealing, the Demurrer is SUSTAINED WITH LEAVE TO AMEND. Code Civ. Proc. Sect. 430.10(e). The Complaint does not allege the existence of any contract between Plaintiff(s) and Defendants Treacy Group LLC, Kieran Treacy, and Kelly Treacy. Accordingly, it fails to state a cause of action against these three defendants for breach of contract and breach of the implied covenant...

Excerpt: ...g. Defendant's argument hinges on the assertion that Plaintiff's allegations in ¶11 of the Complaint create a factual basis for the SOL to begin running on August 22, 2018. That paragraph alleges: By letter dated August 22, 2018, BLUE SHIELD denied PLAINTIFF's claim for benefits under the Policy, citing lack of medical necessity despite BLUE SHIELD's receipt of extensive documentation evidencing PLAINTIFF's health care providers' determination o...

Excerpt: ...th of California, Inc., Aetna Health Management, LLC, and Aetna Life Insurance Company (collectively, Aetna) is GRANTED IN PART and DENIED IN PART 1. Defendants' Special Interrogatories (Set Three) Nos. 23‐27, Requests for Production (RFP) (Set Three) Nos. 1‐5 & Person Most Knowledgeable (PMK) Deposition As a threshold matter, the Court finds that Defendants' motion is timely as to the Special Interrogatories, RFPs, and PMK Deposition. The Mi...

Excerpt: ...ty to respond to new evidence presented by Defendant in its reply papers. (See Plaintiff's Suppl. Brief.) Having reviewed this new evidence and Plaintiff's Supplement Brief as well as all the other relevant pleadings filed by the parties in connection with this Motion and case, the Motion is denied. This is an employment discrimination case. Decedent Nick Theroux (Decedent) owned an auto repair shop. Gomez alleges that she worked at the shop begi...

Excerpt: ...nopposed Request for Judicial Notice is GRANTED. Plaintiff Skendzic Nenad's unopposed Request for Judicial Notice is GRANTED. In a previous action filed on July 18, 2017, Plaintiff asserted causes of action for negligence and tort of another against Defendants. Those causes of action alleged the same wrongdoing by Defendants that is alleged in this action. (See Request for Judicial Notice (RJN), ex. 1.) Plaintiff's previous causes of action again...

Excerpt: ...poenas Plaintiffs served on JPMorgan, Wells Fargo, BBVA USA regarding documents related to ERE, Mumba and Chartreuse Investments, Inc. (“Chartreuse”). Defendants filed two protective order motions. On November 17, 2020, Defendants filed the first motion seeking to quash service of the ERE subpoenas and one of the Mumba subpoenas and related relief. On November 17, 2020, Defendants filed the second protective order motion seeking to quash serv...

Excerpt: ...Fourteenth Cause of Action], and (4) Civil Conspiracy to Commit Fraud [Seventeenth Cause of Action]. Plaintiff's theory is that Mr. Crawford “failed to act with reasonable care and engaged in wrongful conduct when he did not exercise his due diligence prior to drafting the Second Set of testamentary documents. [Mr. Crawford] failed to confer with his client and determine his true testamentary intent.” Complaint, ¶ 73. Mr. Crawford contends h...

Excerpt: ...equately pleads a negligence claim against Defendant Liang based on vicarious liablity. The TAC sufficiently alleges that Defendant Ma was Defendant Liang's agent and was acting within his authority at the time he allegedly committed the wrongful acts. Id., ¶15. The allegations show that Defendant Ma accepted “a $500 deposit for rent” from Plaintiff so that he could move in a couple of days early. TAC, ¶¶11, 21‐22. Despite this agreement...

Excerpt: ...�), and Defendant's Answer does not state facts sufficient to constitute a defense to the Complaint. Plaintiff appears to contend that Defendant's Answer is insufficient because it constitutes a negative pregnant, and therefore does not effectively deny the allegations in the Complaint. However, a negative pregnant is explained as when a defendant “makes the denial in the exact words of the statement [alleged in the Complaint], it is possible t...

Excerpt: .... Plaintiff does not dispute that the clerk accepted and filed Defendant's motion to quash in 20‐UDU‐00113 on January 5, 2021 and set the matter for a hearing on February 1, 2021. At the hearing on Defendant's motion to vacate default in this matter, Plaintiff's counsel contended that the clerk had notified Defendant that the motion to quash had been filed in 20‐ UDU‐00113. Notwithstanding this fact, however, no competent evidence was int...

Excerpt: ...efer to Equinix Services, Inc. as “PHI,” even though PHI or “Packet” is the company's prior name. PHI's motion to strike each of the SAC's causes of action asserted against PHI is DENIED. PHI merely references its arguments made in its concurrently‐filed Demurrer to the SAC, arguing that for the same reasons stated in the Demurrer, the Court should strike each cause of action asserted against PHI. PHI's argument that the SAC's claims ar...

Excerpt: ...nt's demurrer to the "entire SAC" on the ground of uncertainty is overruled. Defendant fails to provide any arguments as to why the first, second and third are uncertain. C. Defendant's demurrer to the third cause of action is sustained without leave to amend. The economic loss rule bars Plaintiff's claim. The economic loss rule allows a plaintiff to recover in tort when a product defect causes damage to "property other than the product itself." ...

Excerpt: ... as “PHI,” even though PHI, or “Packet,” is the company's prior name. As to the Third Cause of Action alleging breach of contract, the Demurrer is OVERRULED. Code Civ. Proc. Sect. 430.10(e). The SAC alleges PHI breached the “PHI Agreements” (9‐10‐19 Employment Agreement; Stock Option Grant Agreement; Packet Equity Incentive Plan) by failing to accelerate and immediately vest all of Plaintiff's PHI stock options when PHI constructi...

Excerpt: ...7) 3 Cal.5th 531.) And Plaintiff Fourth Amended Complaint (4AC) repeatedly identifies his wife as having been involved in the underlying facts. (See, e.g., 4AC, ¶¶ 19‐22, 28, 31, 36.) Plaintiff also expressly identified his wife in discovery responses as a witness. (See Lowe Decl., Ex. A [Plaintiff's response to Form Interrogatory No. 12.1].) Finally, Defendant appears to have a recorded telephone call between Ms. Olazabal and a Nordstrom Cus...

Excerpt: ...as a result of the events at issue in this action. (Ibid.) Defendants do not dispute that Plaintiff is 86 years old. Defendants, however, contend that Plaintiff has not submitted any evidence in support of his claim that his health requires a trial preference. Defendants assert that Plaintiff's counsel's declaration “should be disregarded by the Court as Counsel is not a medical expert.” Pursuant to Code of Civil Procedure section 36.5, howev...

Excerpt: .... (Evid. Code, § 452, subd. (d).) Defendant's Demurrers to the First, Second, Fourth through Eleventh, and Thirteenth through Fifteenth Causes of Action are SUSTAINED WITHOUT LEAVE TO AMEND. The defects in Plaintiff's First Amended Complaint (FAC) identified in the Court's May 23, 2019 Order sustaining Defendant's demurrer to these causes of action with leave to amend have not been cured by the SAC. The SAC is comprised of allegations that are, ...

Excerpt: ...ion 484.090, subdivision (a), a court “shall issue a right to attach order . . . if it finds all of the following: (1) The claim upon which the attachment is based is one upon which an attachment may be issued. (2) The plaintiff has established the probable validity of the claim upon which the attachment is based. (3) The attachment is not sought for a purpose other than recovery on the claim upon which the attachment is based. (4) The amount t...

Excerpt: ...rocured by extrinsic fraud or mistake. Moghaddam v. Bone (2006) 142 Cal.App.4th 283, 299. Defendant Michael Dilkey declares that he was never served with the operative First Amended Complaint and Amended Summons, either personally or by mail. A proof of service of the amended summons and complaint was filed on June 24, 2015, reflecting personal service on Mike Dilkey in the parking lot of his business on Lindbergh Street in Auburn by a licensed p...

Excerpt: ...poenas Plaintiffs served on JPMorgan, Wells Fargo, BBVA USA regarding documents related to ERE, Mumba and Chartreuse Investments, Inc. (“Chartreuse”). Defendants filed two protective order motions. On November 17, 2020, Defendants filed the first motion seeking to quash service of the ERE subpoenas and one of the Mumba subpoenas and related relief. On November 17, 2020, Defendants filed the second protective order motion seeking to quash serv...

Excerpt: ...Fourteenth Cause of Action], and (4) Civil Conspiracy to Commit Fraud [Seventeenth Cause of Action]. Plaintiff's theory is that Mr. Crawford “failed to act with reasonable care and engaged in wrongful conduct when he did not exercise his due diligence prior to drafting the Second Set of testamentary documents. [Mr. Crawford] failed to confer with his client and determine his true testamentary intent.” Complaint, ¶ 73. Mr. Crawford contends h...

Excerpt: ...int, the declaration of Paul Johnson indicates only that the parties communicated in writing. Although the declaration states that he parties spoke on the telephone, this conversation concerned the original complaint. CCP §430.41(a) provides that if an amended pleading is filed, the responding party shall meet and confer again before filing a demurrer to the amended pleading. Consequently, the hearing on the demurrer is continued to July 13, 202...