Excerpt: ...mission (RFAs) admitted, and the Court's 3‐12‐21 Minute Order granting the motion to deem RFAs admitted. The Complaint here seeks subrogation for Worker's Compensation benefits allegedly paid to Plaintiff's employee, who was injured in an automobile collision, allegedly caused by Defendant's negligence. See 3‐6‐19 Complaint. On 3‐12‐21, the Court granted Defendant's unopposed motion to deem RFAs admitted, resulting in judicial admissi...

Excerpt: ...mended Complaint (“FAC”) for failure to state a cause of action is OVERRULED. The FAC alleges that on August 22, 2018, Plaintiff was visiting friends, one of which was a paying tenant at the hotel, when he was intentionally struck by the car of Doe Defendants 6‐10 outside of the front entrance of a Holiday Inn Express. Defendant Radha Patel dba Holiday Inn Express is “engaged in the business of operating” the hotel, while the other Defe...

Excerpt: ...Trackman v. Kenney (2010) 187 Cal.App.4th 175, 180.) The default judgment was entered on 4/30/2015, but Defendant did not file this Motion until 12/21/20. Second, Defendant has failed to demonstrate extrinsic fraud. The misidentification of the person accepting substitute service as Defendant's daughter does not defeat service. (See Trackman, supra, 187 Cal.App.4th at pp. 183‐184.) Defendant does not dispute that the address was her home addres...

Excerpt: ...��577551, are GRANTED pursuant to Evidence Code section 452, subdivision (d). Judicial notice is taken of the documents' filing/recording, contents, and legal effect, but not the truth of any statements therein. Defendant demurs on the ground that Plaintiff's Complaint is barred by res judicata. In support, Defendant points to the judgment entered in Makiyama v. Ito, SF Case No. CGC‐19‐577551. But an appeal was taken from that judgment on Feb...

Excerpt: ...aint on or before June 10, 2021. Defendant Cabezali's demurrer to the first cause of action is MOOT, as it is undisputed that he is not sued under the first cause of action – only the second cause of action. The second cause of action is for fraudulent inducement to entered into the settlement agreement and release contract. This is not pleaded as a tort claim for fraud itself. This is a contract claim, for which the remedy is rescission on the...

Excerpt: ...t Two, is GRANTED‐IN‐PART and DENIED‐IN‐PART. The interrogatories are relevant, but Plaintiffs agreed during the Jan. 26‐27 IDC to answer the first 40 special interrogatories. Plaintiffs did not file a motion to protective order as to the remainder. As to Special Interrogatories Nos. 29‐40, the motion is DENIED. Plaintiffs already agreed at the 1‐26‐21 IDC to provide further responses to Nos. 29‐40. See 1‐26‐21 IDC Order (Co...

Excerpt: ...ause of Accounting is SUSTAINED with leave to amend as to Defendant Hanna DDS, Inc. “An action for accounting is not available where the plaintiff alleges the right to recover a sum certain or a sum that can be made certain by calculation.” (Teselle v. McLoughlin (2009) 173 Cal.App.4th 156, 179.) The Complaint alleges that Defendant Defendant Ihab M. Hana, D.D.S. authorized the processing of insurance claims through Defendant Hana DDS, Inc.'s...

Excerpt: ...ompel Compliance. This discovery dispute arises from a New York personal injury action titled Louis Christophides and Cara Christophides v. Subaru Distributors Corp., New York State Supreme Court, Orange County, Case No. 004941/2018. The subpoenas seek discovery of the contents of the Facebook and Instagram accounts of the Plaintiffs in the New York action. On April 30, 2020, the Supreme Court of the State of New York, Orange County, issued an or...

Excerpt: ...the evidence, and that Plaintiff's claims are governed by the agreement. The arbitration provision at issue, which was contained in the parties' Employee Proprietary Information and Inventions Assignment Agreement, provides as follows: Any dispute, controversy or claim arising out of or relating to either: (a) this Agreement, its enforcement, arbitrability or interpretation, or because of an alleged breach, default, or misrepresentation in connec...

Excerpt: ...gal Contract is SUSTAINED WITH LEAVE TO AMEND based on failure to allege facts sufficient to support this claim and uncertainty. Plaintiffs assert that Defendant failed to comply with Business and Professions Code section 7159 and thus the contract is void. (Complaint ¶ 21.) It is unclear what claim Plaintiffs are attempting to allege though, as they fail to offer any authority to support that a claim for “Illegal Contract” exists. Further, ...

Excerpt: ...tated below. First, all six asserted claims are uncertain because they do not identify, with sufficient clarity, the specific plaintiff(s) asserting each claim and the specific defendant(s) against whom each claim is asserted. Code Civ. Proc. Sect. 430.10(f); CRC 2.112 (each cause of action shall identify the plaintiff(s) asserting it and the defendant(s) against whom it is asserted). This should be made explicit. CRC 2.112. Further, given that t...

Excerpt: ...iled his original Petition in this matter (12‐1‐20 Petition) seeking a Writ of Mandamus that would have directed Respondent police department to issue a “Certificate of Detention” following Petitioner's arrest and release, pursuant to Pen. Code Sects. 849.5, 851.6. The original Petition was apparently rendered moot by Respondent's subsequent issuance of the requested Certificate. Petitioner thereafter filed, on 2‐25‐21, the operative ...

Excerpt: ...uires service on an a competent member of the household, followed by a mailing to the defendant at the same address. The Proof of Service, filed September 8, 2014, shows that the summons and cross‐complaint were left with Stacey Pierce at Cross‐ defendant's residence, and the papers were mailed to Cross‐defendant at that address on August 28, 2014. Service was complete 10 days after mailing. (Code of Civ. Proc. Sect. 415.20, subd. (a).) Tha...

Excerpt: ...guing that the documents sought in these Requests are directly relevant to this litigation, and none of Defendant's objections have merit. Thus, where a demanding party deems that an objection to a response is without merit, the demanding party may move for an order compelling further response to the demand. (Code of Civ. Proc. § 2031.310(a)(3).) Thus, the Court treats this Motion as a Motion to Compel Further Responses to Request for Production...

Excerpt: ...EJUDICE. Judgment Creditor indicates that it discovered various “akas” for Judgment Debtor Maher Abudamous (Judgment Debtor) and filed a Declaration of Identity (Declaration) identifying these “akas.” As a threshold matter, however, this Declaration violates Rule 1.201(a)(1) of the California Rules of Court. It is therefore STRICKEN on the Court's own motion. Accordingly, the clerk of the court is ORDERED to remove the Declaration of Iden...

Excerpt: ...ial Notice is GRANTED. (Evid. Code, § 452, subds. (d) & (h).) Both parties refer to the plan documents in their briefs, and Plaintiff California Spine and Neurosurgery Institute (Plaintiff) does not oppose the Request for Judicial Notice. (See StorMedia Inc. v. Superior Court (1999) 20 Cal.4th 449, 457, fn.9.) A. First Cause of Action – Promissory Estoppel Defendant's motion for judgment on the pleadings as to Plaintiff's first cause of action...

Excerpt: ...led beyond the statutory 60‐day deadline, the Court exercises its discretion to rule on the motion. Code of Civ. Proc. Section 425.16(f.) Cross‐ defendants Atulya Velivelli's and Aditya Velivelli's special motion to strike the third cause of action from the Cross‐complaint fails to make a prima facie showing under prong one of the SLAPP statutes, Code of Civil Procedure Section 425.16, that the cause of action arises from protected speech o...

Excerpt: ...irst Set of Requests for Production of Documents, Request No. 4, is GRANTED IN PART AND DENIED IN PART. The requests for judicial notice are DENIED as irrelevant. Requests for fees are DENIED. In its written response to Request #4, Sun Valley Partners LLC make dozens and dozens of evidentiary objections – on every conceivable basis, whether or not meritorious or applicable. No privilege log was served. As part of the “meet and confer” proce...

Excerpt: ...ff failed to comply with the requirements of CRC Rule 3.1324(b). Second, Plaintiff has failed to allege a viable cause of action in the proposed amendments. Plaintiff alleges that he tripped and fell, and sustained personal injuries, while waling on the pedestrian walkway at his apartment complex. His existing complaint alleges negligence and premises liability. Plaintiff now seeks to asserts that he suffers from diabetic neuropathy and that his ...

Excerpt: ...ants shall file and serve their First Amended Cross‐Complaint on or before June 1, 2021. As to the first cross‐cause of action for abuse of process, such a claim is the willful act in the use of process not proper in the regular conduct of the proceeding. (Oren Royal Oaks Venture v. Greenberg, Bernhard, Weiss & Karma, Inc. (1986) 42 Cal.3d 1157, 1168.) Further, “merely obtaining or seeking process is not enough; there must be subsequent abu...

Excerpt: ...ell as Plaintiff's amended opposition, filed April 19, in which Plaintiff claims that Defendants did not meet and confer in good faith. Plaintiff alleges a breach of his lease based on the claim that he had an “indefinite and perpetual” lease term that Defendants could not terminate. Complaint, ¶ 36. As alleged in the Complaint, however, the lease specified a one‐year term and stated that a 60‐day notice could be used to terminate the le...

Excerpt: ... to Sect. 397(c), Cirrus requests a venue transfer to the Sonoma County Superior Court, which is near the subject airplane crash site, on grounds that twelve (12) non‐party witnesses (4 eye‐witnesses and 8 first responders) live in or near Sonoma County and have signed declarations stating they would be inconvenienced by having to travel about 85 miles to Redwood City to testify at trial. See Sect. 397(c) (the Court may transfer venue “when...

Excerpt: ...t prejudice for the reasons set forth below. Plaintiff seeks the appointment of a discovery referee to preside over the remaining depositions in this case, in light of the fact that Plaintiff has attempted to complete the deposition of Defendant Orhan Tolu on three separate occasions. The gravamen of the parties' dispute concerns Plaintiff's counsel's questions relating to a $50,000 check issued by Defendant Tolu, and defense counsel's invocation...

Excerpt: ...The case will be set for Case Management and Trial Setting Conference. This case was filed in January 2016. In January 2017, after participation in mediation, the parties allegedly agreed to sale of the disputed property and to participate in arbitration on remaining issue of accounting. The alleged settlement stipulation of the parties was NOT provided to the Court or filed in this action. There is only a joint ex parte request by counsel for th...

Excerpt: ...), DEBORAH SULLIVAN(DOE 18), KAREN FITZGERALD(DOE 19) AND GREGORY D. HANSEN(DOE 30) TENTATIVE RULING: The Court grants Defendants' Request for Judicial Notice as to all 31 matters. The Motion to Strike, filed by Defendants MAINS, SLOAN, SHREWSBERRY, FRANCESCONI, WT CAPITAL LENDERS SERVICES, BERG, POWELL, NUNEZ, WELLS FARGO & CO., SULLIVAN, FITZGERALD, and HANSEN is DENIED. The 12 moving defendants were substituted into this matter in place of Doe...