Excerpt: ...tile work environment on the basis of harassment due to her race (sixth), gender/sex (seventh), marital status (eighth), disability (ninth), and associative disability (tenth), on the grounds that Plaintiff "fails to plead what the alleged harassment was, who allegedly harassed her, when they allegedly harassed her, how the alleged harassment was tied in any way to a protected characteristic, and how the alleged harassment created a hostile work ...

Excerpt: ...Defendants have demonstrated that the claims alleged against them by Plaintiff LaVerne Norman Jones fall with Prong One of SLAPP statute, and Plaintiff has failed to demonstrate any probability of prevailing on her claims under Prong wo of SLAPP statute. An "act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue" includes "any written or oral statement...

Excerpt: ... 425.15 is DENIED for the reasons set forth below. Plaintiff seeks to strike Defendants/cross-complainants' ("Defendants") Cross-complaint on the grounds that "the gravamen of the Cross-complaint against Cross-Defendant involves acts taken during litigation activities." MPA, at p. 2. Plaintiff argues that, "[iln essence, Cross-complainants are countersuing Cross- Defendant because Cross-Defendant threatened to file a lawsuit and did file a lawsui...

Excerpt: ...City's ("Plaintiff) Motion to strike Defendant's Cross- Complaint, and the Motion filed by Defendant's attorney, Joseph M. Goethals, to be relieved as Defendant's counsel. Mr. Mogannam has not responded to either motion. Mr. Goethals's unopposed Motion to be Relieved as Defendant's Counsel is GRANTED. Because Mr. Mogannam has not responded to Plaintiff's Special Motion to Strike the Cross-complaint pursuant to California Code of Civil Procedure, ...

Excerpt: ...de Civ. Proc., S 437c. Accordingly, BBV PSP's alternative Mohon for Summary Adjudication is DENIED AS MOOT. 1. Preliminary Matters a. Plaintiff has not demonstrated good cause to continue the hearing to conduct further discovery. Plaintiff argues that this Motion is premature, and that the hearing should be continued, because discovery is still on-going. Opp., at p. 9. The only discovery Plaintiff identifies as incomplete is the "conclusion" of Z...

Excerpt: ... the burden of proof is on the plaintiff to demonstrate by a preponderance of the evidence that "minimum contacts" exist between defendant and the forum state to justify the imposition of personal jurisdiction. (Mihlon v. Sup. Ct. (1985) 159 Cal.App.3d 703, 710; Ziller Electronics Lab GmbH v. sup. ct. (1988) 206 cal.App.3d 1222, 1232-1233.) Under a general jurisdiction analysis, a nonresident defendant may be sued on a cause of acton unrelated to...

Excerpt: ...laintiff's Second Amended Complaint ("SAC") is DENIED. The parties' respective requests for judicial notice are GRAN ED pursuant to Cal. Evidence Code section 452(d). Defendants argue that Plaintiff does not sufficiently allege a fiduciary duty owed to herself individually, because she alleges her ownership interest of FMCTD and Bayshore were through her interest in Nucleus Management. Reply, 2:23-3:16. The Ninth COA in the SAC alleges, in part: ...

Excerpt: ...re or quit for breach of lease covenant on March 8, 2023." (MPA, p.4.) According to Defendants, because Plaintiff's Complaint does not attach a threeday notice to cure or quit served on March 8, 2023, the notice requirements of Civ. Code 1946.2(c) have not been satisfied, and Plaintiff's Complaint is fatally ambiguous. Plaintiff responds that both the Three-Day Notice to Quit and the Complaint allege that Defendants were first given notice of the...

Excerpt: ... Bulaya, who is doing business as KJ Millworks, he did not file a timely response to the Complaint because he is unfamiliar with the united States legal system and because he was in an emotional state due to the death of his father father-in-law five days prior to the filing of this action. (MPA, p.3, 5.) Mr. Bulaya's declaration states that "My father in law's death distracted me, affected me psychologically by causing me to become sad and anxio...

Excerpt: ... amendments to its First Amended Complaints do not require/necessitate a contnuance of the trial date, which is set to begin June 26, 2023, nor any additional discovery. Plaintiff's 5-22-23 Requests for Judicial Notice are GRANTED. Evid. Code Sect. 452(d). Background. In these consolidated cases, on 5-22-23, Plaintiff DFS filed two substantially similar motions, both entitled: "Motion for Leave to File Amendment to First Amended Complaint." In th...

Excerpt: ... Toole ("Plaintiff") is SUSTAINED WITHOUT LEAVE TO AMEND based on failure to allege facts sufficient to support this claim. The elements of a claim for intentional interference with contractual relations are: (1) That there was a contract between [name of plaintiff] and [name of third party]; (2) that [name of defendant) knew of the contract; (3) that [name of defendant]'s conduct prevented performance or made performance more expensive or diffic...

Excerpt: ... days after service of written notice of this order. The failure to file an amended complaint shall result in dismissal of this case. Defendant City of Burlingame's Request for Judicial Notce is GRANTED. The Court does not take judicial notice of the declarations per se but considers them as independent affdavits. Defendant City of Burlingame (the "City") demurs to the Complaint pursuant to Code of Civil Procedure secton 430.10, subdivisions (e) ...

Excerpt: ...of this order. Defendant Ford Motor Co. ("Ford") moves here for an order compelling the further responses of Plaintiff Mario A. Gonzalez to its special interrogatories nos. 1, 5, 7, 9, 19, and 21—22. Generally, these interrogatories seek information as to what defects or nan-conformities Gonzalez alleges the vehicle had and the damages he has incurred for Ford's failure to repair the defects. The Motion was filed on April 14, 2023. Gonzalez ser...

Excerpt: ...ion is DENIED. This lawsuit was originally filed by Plaintiffs against Defendant Giusto's Specialty Foods LLC back on August 21, 2019 — almost four years ago. Although the Complaint was served upon Defendant GSF on August 22, 2019, Defendant GSF failed to file any Answer to the Complaint. On March 3, 2021, Plaintiffs filed a First Amended Complaint, adding parties to the case. Defendant GSF filed its Answer on April 26, 2021. This case was set ...

Excerpt: ...tract; (2) plaintiff's performance; (3) defendant's breach; (4) plaintiff's damages therefrom. (See Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186.) hough the Complaint alleges that a written contact exists, it does not attach a copy, set out the contract's terms, or otherwise state the terms' legal effect. (See Gilmore v. Lycoming Fire Ins. Co. (1880) 55 Cal. 123, 124.) Second, to the extent the Complaint asserts a cause of action for disc...

Excerpt: ...d on Janaury 10, 2023, by arbitrator Hon. David A. Garcia is hereby corrected and confirmed, and judgment shall be entered for Iglesia Bautista Hispana Senda de Vida and against First Puritan Church of South San Francisco as follows: First Puritan Church of South San Francisco shall take nothing by its claims. Iglesia Bautista Hispana Senda de Vida shall be allowed the continued use of the premises consistent with its historical use, including th...

Excerpt: ...ode Civ. Proc. Sect. 436; Civ. Code Sect. 3294. Plaintiffs 5-5-23 Request for Judicial Notice is GRANTED. Evid. Code Sect. 452(d). The meet & confer. Code Civ. Proc. Sect. 435.5 states that the party filing a motion to strike shall meet and confer in person or by telephone with the party who filed the pleading ..." It is not enough to merely send correspondence inviting opposing counsel to participate a phone call. The statute contemplates that t...

Excerpt: ...d City, Courtroom 2]. Any party contesting this tentative ruling is also to give notice to opposing counsel of the correct location of the hearing. CASE SUMMARY On July 8, 2021, Plaintiff Bernardo Zavala-Rosales ("Plaintiff") purchased a 2018 Honda Pilot ("vehicle"). Plaintiff alleges that the vehicle came with express and implied warranties from Defendant, the manufacturer. Plaintiff claims that the vehicle was delivered with serious defects and...

Excerpt: ...thing in the Notice of Demurrer indicates the grounds for demurrer. For purposes of this hearing only, the Court overlooks the procedural defect and rules on the demurrer. Defendant's counsel is directed to comply with California Rules of Court and uycal Rules of Court regarding electronically filed documents. Specifically, exhibits must be (CRC Rule 3.1110(f)(4) ["electronic exhibits must include electronic bookmarks with links to the first page...

Excerpt: ...nuary 24, 2023 Declaration of Paul W. Reid' are OVERRULED as to all items. In response to a subpoena, a party or witness may move for an order directing compliance with the subpoena upon certain terms and conditions declared by the court, such as a protective order. (Code of Civ. Proc., S 1987.1, subd. (a), (b).) A court may issue a protective order, "for good cause shown," that protects any person from "unwarranted annoyance, embarrassment, or o...

Excerpt: ...ice of hearing contains an incorrect department and address for the hearing. This case was reassigned for all purposes on March 8, 2023. If contested, the hearing will be held at 2:00 p.m. in Department 3, which is located at 400 County Center, Redwood City, CA 94063, Courtroom 2B. Any party contesting the tentative ruling must give notce to all other parties of the correct department and location of the hearing. (2) Plaintiff's opposition was fi...

Excerpt: ...lany and Majdy Alkablany shall, jointly and severally, pay Defendants Colla & Ray, LLP's, Samuel Charles Ray's, and Luke Robert Garvey's reasonable attorney fees in the total amount of Defendants Colla & Ray, LLP's, Samuel Charles Ray's, and Luke Robert Garvey's Objections to Evidence are SUSTAINED as all items. Defendants Colla & Ray, LLP, Samuel Charles Ray, and Luke Robert Garvey (collectively "Colla & Ray") specially move here to strike the a...

Excerpt: ...hin two years of the sale of the all the subject properties and the time when profits were required to be divided. To the extent that the first parcel was sold more than four years prior to the filing of this lawsuit, it is unclear whether any distribution of profits was triggered, as the Consulting Agreement sets forth a "waterfall" of payments to be made before any profit distribution, and the Court was not provided with sufficient evidence and...

Excerpt: ...ot plead facts establishing that C&W and/or Pope were negligent or breached any fiduciary duty owed to Plaintiff Cheese Bear, LLC ("Cheese Bear") or April Lee, DDS, MS, Inc. ("Lee," and collectively, Plaintiffs). Plaintiffs' lengthy Complaint includes numerous allegations of concealment and/or misrepresentation by the sellers of the property (that is, the Vorsatz Defendants), but it alleges almost no facts pertaining to these demurring Defendants...

Excerpt: ...USTAINED WITHOUT LEAVE TO AMEND as to the first, second, and seventh causes of action; and OVERRULED as to the third and sixth causes of action for the reasons set forth below. Plaintiffs Kamipeli Finau and Ateliana Finau shall file a second amended complaint no later than ten (10) days after written notice of this order. Defendants New Rez, LLC and The Bank of New York Mellon's Request for Judicial Notice is GRANTED as to the existence of the do...

Excerpt: ...2021). The Court GRANTS Defendant's Request for Judicial Notice of Defendant's Exh. A (Complaint), but not for the truth of its contents (Cal. Evid. Code, S 452, subd. (d)(l)); and Exh. C (Judgment). The Court GRANTS Defendant's Request for Judicial Notice of the existence of Exh. B (De Melo Declaration), but DENIES Defendant's Request for Judicial Notice of the contents of Exh. B, with the exception of paragraphs 1-2 thereof, on the ground that ...

Excerpt: ...der both Buchalter and Jaffer to pay me my share of the said properties as set out in the Operating Agreements." Deft.'s MPA, at p. 5. Defendant's motion, however, is both substantively and procedurally defective. The moton is procedurally defective because it fails to comply with the California Rules of Court relating to the formatting and content of the motion. First, Defendant's moton is single-spaced, in violation of Rule 2.108. Second, Defen...

Excerpt: ...-complaint, which applies to the First Amended Verified Cross-complaint pursuant to stipulation of the parties, is DENIED. Cross-Defendant's Objections to Evidence are OVERRULED. Cross-Defendant's Evidentiary Objections Cross-Defendant's objections to exhibits submitted by Cross-complainant are substantially premised on the litigation privilege, Cal. Civ. Code, S 47, subd. (b). This privilege "applies to any communication (1) made in judicial or ...

Excerpt: ...cer. (Complaint at 42; Javer Dec. at '1 4.) In Defendants' conditional non- opposition to Plaintiffs' motion, Defendants do not dispute that Plaintiffs are entitled to a trial preference pursuant to Code Civ. Proc. S 36(a). Accordingly, the Court finds that, pursuant to CCP S 36(a), Plaintiff has demonstrated a substantial interest in this action and that her health is such that a preference is necessary to prevent prejudicing her interest in the...

Excerpt: ... filed on December 20, 2018. A First Amended Complaint was filed on August 17, 2020. Defendant was substituted as Doe Defendant no. 1, and was served with the summons and complaint on September 14, 2022. (Mitrione Decl. 1-2.) A "summons and complaint shall be served upon a defendant within three years after the achon is commenced against the defendant." (Code of Civ. Proc. ("C.C.P.") S 583.210(a).) An action is "commenced" at the time the complai...

Excerpt: ...est for Judicial Notice is GRANTED pursuant to Cal. Evidence Code secton 452(d). In an action is for injury to person or personal property or for death from wrongful act or negligence, the superior court in either the county where the injury occurs or the injury causing death occurs or the county where the defendants, or some of them reside at the commencement of the action, is a proper court for the trial of the action. Cal. Code of Civil Proced...

Excerpt: ... three payment options in accordance with Code of Civil Procedure section 1161(2). The Court agrees with Defendant. Pursuant to CCP S 1161(2), a three-day notice must provide the following information relating to how payment may be made: (1) "the amount that is due, the name, telephone number, and address of the person to whom the rent payment shall be made, and, if payment may be made personally, the usual days and hours that person will be avai...

Excerpt: ... does not state that non-renewal of lease will render termination of the tenancy. The notice should have given the opportunity to cure. This did not happen because the notce was to quit without the opportunity to perform." The argument lacks merit. The Notce expressly states that rent was not paid by February 1, 2023, and it sets forth explicit instructions on how and where to pay the delinquent rent. The Notice is sufficient. Defendant's argumen...

Excerpt: ...in of Bell's/Galisha's Cross-claims as Moot," filed 2-27-23, are DENIED. DFS' Requests for Judicial Notice, filed 2-27-23, are GRANTED. Evid. Code Sect. 452(d). Background. In these consolidated cases (19ClV07192 and 19ClV0794), plaintiff/Cross-Defendant DFS has sued two former employees, Roxanne Bell and Diosdado Galisha, for trade secret misappropriation and breach of contract. DFS' breach of contract claims against both Bell and Galisha allege...

Excerpt: ...nd 576. The Court, in its discre
Ÿon, has proceeded to the merits of the Mo
Ÿon despite the moving par
Ÿes' ini
Ÿal failure to comply with Cal. Rules of Court, rule 3.1324(a) and (b). The Zakaria Decl. in support of the Reply provides the required informa
Ÿon. Bank of America (“BOA”) argues that because it is not being added as a Doe Defendant, the rela
Ÿon back doctrine does not operate to circumvent the statutes of limita
Ÿons that a...

Excerpt: ...chester's Personnel Records is GRANTED IN PART for the reasons set forth below. San Mateo Police Department shall produce the documents in Noah Winchester's personnel records as identified below for in camera review in Department 21 on a date to be set on June 9th. Plaintiffs are ordered to produce the information in the possession of their counsel derived from Noah Winchester's personnel records for in camera review in Department 21 on a date to...

Excerpt: ...). Cross-complainant's Request for Judicial Notice is DENIED. To the extent Cross-complainant seeks to rely on the substance of the Contractors State License Board License Exam Study Guide, the material constitutes hearsay for which no exception has been identified. The document is not relevant to the proceeding without relying on its contents. Cross-Defendant's objections to this request are therefore sustained. Cross-complainant has a C-23 Orna...

Excerpt: ... probable validity of the claim, (3) the attachment is not sought for any purpose other than to secure recovery on the claim, and (4) the amount to be secured is greater than zero. CCP S 484.090. Except as otherwise provided by statute, a claim is one upon which an attachment may be issued: (1) in an achon on a claim or claims for money, (2) based upon a contract, express or implied, and (3) where the total amount of the claim or claims is a fixe...

Excerpt: ...DERS evidence sanctions and monetary sanctions, as set forth below. A. Terminating Sanctions Plaintiff failed to respond to form interrogatories, special interrogatories, and a request for production of documents. Following an informal discovery conference, the Court ordered Plaintiff to respond to all three sets of discovery. Plaintiff eventually provided responses to the form and special interrogatories, but not the document requests. The Court...

Excerpt: ...indicating that Geico committed acts that "were the legal (proximate) cause of injuries and damages to plaintiff." Complaint, 'l MV-I. The Court agrees. Because there are no facts to indicate that Plaintiff's injuries were caused by Geico, Plaintiff cannot state a cause of achon for negligence against Geico resulting from the alleged motor vehicle accident. Geico further asserts that a direct action against an insurer is not allowable until after...

Excerpt: ...Anthony J. Martinez ("Mr. Martinez") is to bring a copy of all Operating Agreements to the hearing. 2. Who are the "current lien holders" to whom Mr. Martinez stated in his May 17, 2023 email to Plaintiff's counsel that he would deed cwer the property? See Domingue Decl., Exh. B. 3. What are the terms of any loans from the lien holders or the basis of any liens? 4. What is the current valuation of the property, and what is the current amount owed...

Excerpt: ...tions, filed April 6, 2023, is CONTINUED-IN-PART (to July 18, 2023), and DENIED-IN-PART. A. Non-compliant briefs 80th parties' Memoranda of Points and Authorities exceed the 15-page limit. Cal. R. Ct., Rule 3.1113(d). See Plaintiff's April 6, 2023 Memorandum (23 pages) and FCA US, LLC's May 10, 2023 Opposition brief (18 pages). Plaintiffs' non-compliant Memorandum is accompanied by a 100+ page Separate Statement, and a 485-page supporting declara...

Excerpt: ...tiff and Cross-defendant Puja Gupta ("Gupta") no later than thirty (30) days after service of written notce of this order. De Martini's Request for Judicial Notice is GRANTED as to exhibits A—I as to the existence of the documents as court records but not as to "the truth of matters stated therein." Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal.App.4th 1366, 1375. As a preliminary matter, the Notice of Motion lists the incorrect ad...

Excerpt: ...hnson and Rose Johnson shall file a second amended complaint no later than ten (10) days after service of written notice of this order. Defendants Compass California II, Inc. ("Compass") and Joe Velasco demur to the tenth cause of action for fraudulent concealment set forth in Plaintiffs Dennis Johnson's and Rose Johnson's First Amended Complaint (the "FAC")— pursuant to Code of Civil Procedure section 430.10, subdivision on the grounds that it...

Excerpt: ...or "Creditor's Claim Deemed Rejected." (SAC 33-43.) The SAC states that Plaintiff previously filed a creditor's claim in the related pending probate action, Estate of Omid Tabatabai, San Mateo Superior Court Case No. 22PRO[n832 ("probate action"). (SAC '134.) The SAC alleges that Defendants failed to take action on the creditor's claim, and therefore Plaintiff exercises its option to deem the creditor's claim as rejected. (SAC 38-42.) Since a cre...

Excerpt: ...urchased the vehicle. Richards's purchase was financed, creating a lien immediately upon the sale. Defendants towed the vehicle pursuant to Vehicle Code section 22651, resulting in an immediate lien "for caring for and keeping the vehicle safe." (Veh. Code S 22851, subd. (a)(l).) Plaintiff's lien is superior to Defendants' lien, having been created and having attached first. The owner of a vehicle towed pursuant to Section 22651 has a right to re...

Excerpt: ...Nicole Santacroce reached a settlement agreement with the moving defendants following negotiations with arbitrator and mediator David Hamerslough wherein Defendants are to pay Plaintiffs in exchange for a dismissal with prejudice as to Lurline Assets Group, LLC and Oscar Lito Jaojoco and a release of all claims, including a waiver of Civil Code Secton 1542, with each party agreeing to pay its own attorneys' fees and costs. A determination that th...

Excerpt: ...e of Action, titled unlawful Eviction, is based on Plaintiff's car being towed, which Plaintiff alleges constituted placing Plaintiff in a "state created danger" under the Due Process Clause of the 14th Amendment to the United States Constituton. (42 U.S.C. S 1983.) The First Cause of Action fails to state a legally cognizable claim for two reasons: 1. A local government entity, such as Defendant County Sheriff's Office, "may not be sued under Se...

Excerpt: ...nce's Shellfish Company, Inc. shall file its answer to the Complaint no later than ten (10) days after service of written notice of entry of this order. Defendant Vince's Shellfish Company, Inc. ("VS Co.") demurs to Plaintiffs Anna Marie Loftus', Rosanna Wieland's, and Jeanette Mary Wild's (hereafter collectively "Plaintiffs") Complaint—pursuant to Code of Civil Procedure, section 430.10, subdivision (e)—on the grounds that it fails to allege...

Excerpt: ... days after service of written notice of this order. Silvia Revolorio, Elmer Lopez, and Cristofer Lopez (hereafter collectively "Defendants") demur to the Complaint, pursuant to Code of Civil Procedure section 430.10, subdivision (e), contending that the notice to pay rent or quit served to Defendants (the "Notice") was required to indicate that payment of the overdue rent could be made by mail rather than simply by personal delivery. (See Apr. 1...

Excerpt: ... is GRANTED in its entirety. (Evid. Code Sect. 452). As to documents filed in court, the Court takes judicial notce of their contents and filing dates, but does not take judicial notice of the truth of statements or allegations in the documents. Page limits. The City's Memorandum of Points & Authorities exceeds the CRC-imposed page limit. Counsel for the City will be expected to comply with all page limits going forward. In its discretion, the Co...

Excerpt: ...t 2022 through November 2022 relating to the Conservation of [Respondent) California Insurance Company (CIC) (Motion) came for hearing before this Court on June 1, 2023, at 2:00 p.m. All parties appeared through their counsel. Having considered all papers filed regarding the Mohon, oral arguments of the parties, any testimony and evidence presented at the hearing, and all other pleadings and papers on file herein, the Court GRANTS the Motion. DIS...

Excerpt: ...s rule. The economic loss rule provides that a plaintiff may not recover purely economic damages for tort claims. See Jimenez v. Superior Court, (2002) 29 Cal.4th 473. The component exception to the economic loss rule states that the rule "does not necessarily bar recovery in tort for damage that a defective product (e.g., a window) causes to other portions of a larger product (e.g., a house) into which the former has been incorporated." ld. at 4...

Excerpt: ...mmary Adjudication is DENIED as to Plaintiff's remaining claims for the reasons set forth below. Statute of Limitations —Relation Back Doctrine Defendant contends, first, that Plaintiff's causes of action are time-barred by the applicable statutes of limitations. Defendant cites Scherer v. Mark (1976) 64 Cal. App 3d 834, 842 for the rule that "Where no effort has been made to allege a cause of action against a fictitiously named Doe defendant, ...

Excerpt: ...controversy, the Court shall order the petitioner and the respondent to arbitrate the controversy it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waved by the petitioner; or (b) Grounds exist for the revocation of the agreement; or (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, ...

Excerpt: ...andatory dismissal statute Secton 583.310. Code of Civil Procedure Section 583.310 mandates that a civil action be dismissed for failure to prosecute if the case does not start trial within five years of filing: "An action shall be brought to trial within five years after the action is commenced against the defendant." This civil action was dismissed for failure to bring the matter to trial within five years. For the sake of argument, even there ...

Excerpt: ...i and Jackie A. Fagnani, and the defendant is Teiko Inuoe Lewis dba Peninsula Cleaners. First Amended Complaint ("FAC"), 1-3. The Second Settlement Agreement is signed between Fagnani Properties LP, John Fagnani, individually and as Trustee of the John and Jackie Fagnani Family Trust dated August 2, 1999, and Jackie Fagnani, individually and as Trustee of the John and Jackie Fagnani Family Trust dated August 2, 1999, on the one hand, and Teiko In...

Excerpt: ...s of service of written notice of entry of this order. Plaintiffs shall not file any Request for Entry of Default against Bragg or Silicon Valley Real Ventures before that date. California Code of Civil Procedure, section 1054, subd. (a) provides in pertinent part that When an act to be done, as provided in this code, relates to the pleadings in the action, ... , the time allowed therefor, unless otherwise expressly provided, may be extended, upo...

Excerpt: ... order granting Plaintiffs' Special Motion to Strike in part (the "Anti-SLAPP Motion"), pursuant to California Code of Civil Procedure, secton 425.16 subd. Plaintiffs are entitled to an award of reasonable attorneys' fees incurred in connection with that portion of the motion that was granted. Richmond Compassionate Care Collective, Inc. v 7 Stars Holistic Found., (2019) 33 Cal.App.5th 38, 45. The majority of Plaintiffs' fees were incurred in con...

Excerpt: ...f Plaintiff's Complaint as a result of Plaintiffs failure to comply with the Court's November 4, 2023 Order compelling Plaintiff to serve responses to Defendant's Form Interrogatories, Set One, and Demands for Production, Set One, as well as Plaintiff's failure to submit any Case Management Statements ahead of scheduled case management conferences. Defendant's counsel states that "To date, Plaintiff has failed to comply with the Court's Order and...

Excerpt: ...tract is OVERRULED. The Court previously overruled the Demurrer to this claim in the original Complaint. Nevertheless, ARE argues that it may bring a demurrer to this claim once again because IncellDx filed a FAC. (See Carlton v. Dr. Pepper Snapple Group, Inc. (2014) 228 Cal.App.4th 1210- 1211.) While Carlton supports that ARE may bring a demurrer to this claim though, the Court is not persuaded that the breach of contract claim in the FAC necess...

Excerpt: ... SUSTAINED-IN-PART and OVERRULED-IN-PART, as set forth below. Page limits. Going forward, the parties are advised to strictly comply with stated page limits for all briefing. The CRC-imposed page limitations exist to insure brevity; they are not an invitation for parties/their counsel to gain additional pages by transferring large swaths of text into the footnotes. Footnotes should be used sparingly. Meet and confer. The 3-22-23 meet and confer d...

Excerpt: ...fendants' Request for Judicial Notice is GRANTED pursuant to Cal. Evidence Code section 452(d). Defendants argue that the demurrer should be sustained on the ground that there is another achon pending between the same parties on the same cause of action, pursuant to Cal. Code of Civil Procedure Secton 430.10(c). In the related probate action, Case No. 23-PRO-00327, there are three causes of action for (1) Breach of Fiduciary Duty and Removal of T...

Excerpt: ...dwood City, CA, 94063, Courtroom 2B. Any party contesting this tentative ruling must also give notice to all other parties of the correct location for the hearing in case any party intends to appear in person. The Demurrer of Defendants Cenlar FSB ("Cenlar") and Citibank, N.A. ("Citibank") (collectively "Defendants") to the First Amended Complaint ("FAC") of Plaintiffs Christopher R. Dhillon and Marissa A. Dhillon ("Plaintiffs") is SUSTAINED IN P...

Excerpt: ...ority on this issue, and that the First Appellate District has recently held, in Dhital v. Nissan North America, Inc., 84 Cal.App.5th 828 (2022), that the economic loss rule does not bar fraudulent inducement claims based on concealment. Nonetheless, Defendant asserts that the Court should follow federal decisions, including Catherine Petersen v. FCA US LLC, No. CV 21-1386 OSF (EX), 2021 WL 3207960, at *5 (C.D. cal. July 8, 2021) and Tappana v. A...

Excerpt: ... cite Theresa D. v. MBK Senior Living LLC (2022) 73 Cal.App.5th 18 for their argument that the Residents Bill of Rights (Health & Saf. Code sect. 1569.261 et seq.) prohibits requiring a resident to sign a contract waiving jury trial rights "as part of the contract for, or as a condition of, admission" to a residential care for elderly facility. (ld. at 29.) The Arbitration Agreement in the present case is separate from the residency agreement, an...

Excerpt: ... language of the clause must be clear and unmistakable. Second, the delegation must not be revocable under state contract defenses such as fraud, duress, or unconscionability." (Aanderud v. Superior Ct. (2017) 13 Cal. App. 5th 880, 892.) The delegaton clause at issue does not pass this test. The Arbitration Agreement delegates to the Arbitrator questions of "whether a claim or dispute must be arbitrated." (Arbitration Agreement at 1, fourth full ...

Excerpt: ...o. (2021) 69 Cal.App.5th 243, 255.) As a preliminary matter, Defendants Horse Park at Woodside LTD ("Horse Park") and Bravo have waived the affirmative defense upon which they move for summary judgment. The defense they assert falls under the doctrines of waiver of liability and express assumption of risk. (See Coates v. Newhall Land & Farming, Inc. (1987) 191 Cal.App.3d 1, 7— 8.) Neither of these theories are implicated by any of the twenty-fi...

Excerpt: ...is due in November 2023, and the parties have declined to stipulate to any waiver of the five year dismissal statute. This is a motion for reconsideration in disguise. On August 17, 2022 this Court held a hearing on Plaintiff's moton to continue the trial (which was granted) and Defendants' motion to continue all pretrial dates and deadlines, to be calculated based upon the new trial date, which was denied. The Court found "No good cause for cont...

Excerpt: ...$25,000, Plaintiff will need to formally serve the Amended Complaint on Defendant, which would re-open Defendant's default. (See 3-21-22 Order denying Plaintiff's "Application to Amend the Complaint."); see also The Rutter Group: unlawful Detainer Complaint, Cal. Prac. Guide Landlord-Tenant Ch. 8-8, Sect. 8:498 ("An amended complaint making substantive changes in effect "opens" existing defaults: All defendants, even those currently in default un...

Excerpt: ...ional Tort and "Discriminated Against as a Member of an underrepresented Group" are attached. However, the only attachments to the Complaint are documents showing a hotel reservation, and a police report. The checked boxes and attachments are insufficient to show what causes of action are alleged so that Defendant may prepare a defense. The Demurrer to each cause of action is therefore SUSTAINED with leave to amend for uncertainty pursuant to Cal...

Excerpt: ...ment Debtor VITALY GOLOMB concedes belong to him, his wife Kateryna Mamyko-Golomb, and Golomb Solet Capital. Judgment Debtor Golomb concedes that he was CEO and "owner" of TIME TRAVELLER. If that is true, then money transfers to his wife and to Golomb Solet-i Capital raise questions about their propriety, especially since at least some of the transfers occurred after this lawsuit was filed. To determine whether the transfers were fraudulent for t...

Excerpt: ...and Reply briefs, and considers them timely. Facts. This is a residential unlawful detainer (UD) case. The allegations in Plaintiff's Complaint appear to be undisputed. As alleged, on 12-6-23, Plaintiff served Defendant with a Three-Day Notice to Pay Rent or Vacate. Defendant was two months behind in her rent payments at this time, having failed to pay rent for both November and December, 2023. On 12- 9-23, the Three-Day Notice expired. After the...

Excerpt: ...D as to exhibits A—B attached to the April 7, 2023 Declaration of Jason George and DE-NIED as to exhibits C—H. A hearing was held November 7, 2022, at which the Court continued the hearing to May 22, 2023, and permitted the parties to file supplemental briefing. The Court has considered the supplemental briefing and issues this modified tentative ruling. Defendant Facebook, Inc. ("Facebook") demurs to the First Amended Complaint (the "FAC") o...

Excerpt: ...an Carlos, CA. Plaintiffs allege breach of contract of a February 23, 2022 written agreement between Plaintiffs Riley Russell and Tomoko Russell as sellers to Defendant Akaal LLC as buyer for a sales price of $2,100,000 with a leaseback provision, an initial deposit amount of $63,000 within 3 days of acceptance, with the balance due March 8, 2022, and a 90 day lease back. Plaintiffs also allege a cause of action for fraud against Defendants Sarbd...

Excerpt: ...for Breach of Implied Warranty of Merchantability under the Song-Beverly Act and Fourth Cause of Action for Violation of the Consumers Legal Remedies Act ("CLRA"). (Conn Decl., Exh. A.) The Song-Beverly Act provides that "[ilf the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on ac...

Excerpt: ...r to the Second Amended Cross-complaint no later than ten (10) days after service of written notice of this order. Plaintiff and Cross-defendant Open Text Inc. (hereafter "Open Text") demurs to the Fifth and Ninth Causes of Acton set forth the Second Amended Cross-complaint (the "SAX") pursuant to Code of Civil Procedure section 430.10, subdivision (e), on the grounds that neither count states facts sufficient to constitute a cause of action. A. ...

Excerpt: ...nce are OVERRULED. This lemon law action relates to Plaintiff's 2020 Honda Pilot, purchased new from Honda of Serramonte in Colma, CA on December 13, 2019. Defendant AHM here moves to compel arbitration pursuant to an arbitration provision in the "Retail Installment Sale Contract— Simple Finance Charge (With Arbitration Provision)" ("Sales Contract"), and to stay the action. Equitable Estoppel Defendant argues that it is entitled to compel arbi...

Excerpt: ... in this case. Defendant notes that the apportionment of liability among Defendant Ross, Defendant Graves, and Plaintiff is disputed. Therefore, according to Defendant, "apportionment of fault in the liability portion of the case is a preliminary determination that will promote trial efficiency and economy, apprising each party of the need (or lack thereof) to call damages experts, including multiple physicians—most with active clinical practic...

Excerpt: ...or Judicial Notice is GRANTED. (Evid. Code Sect. 452(d)). Plaintiff's 5-12- 23 Request for Judicial Notice is GRAN ED. (Evid. Code Sect. 452(c)). Plaintiff's 5-12-23 Objections to the Ivar, Dawn, & Patrick Fluharty Decls. are OVERRULED on grounds the objections are immaterial to the Court's ruling on the Motion. Further, these objections would go to the weight of this evidence, not its admissibility. Background. This is a dispute involving neighb...

Excerpt: ...ional infliction of emotional distress. Defendants' Mohon for Summary Adjudication is DENIED as to Plaintiff's remaining claims for the reasons set forth below. Statute of Limitations — Relation Back Doctrine Defendants contend, first, that Plaintiff's causes of action are time-barred by the applicable statutes of limitations. Defendants cite Scherer v. Mark (1976) 64 Cal. App 3d 834, 842 for the rule that "Where no effort has been made to alle...

Excerpt: ...ault and Default Judgment, is ruled upon as set forth below. The Court agrees to reconsider the Feb. 9, 2023 Order and has considered Plaintiff's opposing arguments. "Reconsidering" the Feb. 9 ruling does not mean changing the result. It means the Court believes Plaintiff has satisfied Sect. 1008's requirements for the Court to reconsider its prior ruling. (See Corns v. Miller (1986) 181 Cal.App.3d 195, 202 [reconsidering a prior ruling does not ...

Excerpt: ...t as set forth below. A. Second Cause of Action — Interference with Contract Sustained with leave to amend. For delayed discovery to apply, the plaintiff must plead and prove that "a reasonable investigation at that time would not have revealed a factual basis for that particular cause of action." (Fox v. Ethicon Endo-surgery, Inc. (2W5) 35 Cal.4th 797, 803.) The SAC does not meet this requirement. Paragraph 13 alleges that Plaintiff discovered...

Excerpt: ... Legal Standard on Request to File Untimely Compulsory Crosscomplaint When a defendant fails to file a compulsory cross-complaint at the time of filing its answer, a court must grant the defendant leave to belatedly file the cross-complaint as long as the defendant has acted in good faith and provided notice to the other parties. (Code of Civ. Proc., S 426.50.) A strong showing, consisting of substantial evidence of a defendant's bad faith, is re...

Excerpt: .... Cal. Code of Civ. Proc. S437c(p)(1). When the moving party has met its burden, the burden shifts to the opposing party to show the existence of a triable issue of material fact as to the cause of action, or a defense to the cause of action. ld. Here, Plaintiff moves for summary judgment and/or summary adjudication of the First Cause of Action for Breach of Contract, Second Cause of Acton for Money Lent, and Third Cause of Action for Money Had a...

Excerpt: ...END as to all asserted causes of action. Cal. Code Civ. Proc., S 430.10, subd. (e). Defendants' March 20, 2023 Request for Judicial Notice is GRANTED. Cal. Evid. Code, S 452, subd. (d). The Court takes judicial notice of the documents attached to the Declaration of Susan K. Riggio, but does not take judicial notice of the truth of statements or allegations therein. Applicable legal principles In reviewing a demurrer, the Court assumes that all pr...

Excerpt: ...d Guang Dai's Motion to Compel Defendant Mavrik Construction & Development, Inc.'s Further Responses and Requests for Sanction is GRANTED IN PART and DENIED IN PART for the reasons set forth below. Defendant Mavrik Construction & Development, Inc. ("Mavrik") shall provide further responses to Form Interrogatories no. 324.1, Special Interrogatories nos. 1, 3, & 5—8, and Requests for Production nos. 1, 4— 5, & 8—14 no later than thirty (30) d...

Excerpt: ...apers prove each element of the causes of action, and the opposing papers fail to raise a triable issue of material fact as to any element of either cause of action or as to any affirmative defense. l. OBJECTIONS has asserted 37 pages of 52 objections to various matters, most of which are innocuous, having no bearing on the issues. On the subject of "inconsequential written evidentiary objections, without focusing on those that are critical," the...

Excerpt: ...of Plaintiffs Opposition, filed untimely on May 1, 2023, have not been considered. While the Opposition indicates that the parties have agreed to a continuance of this hearing, no justification has been provided for the late-filed Opposition, and a continuance is not conducive to the Court's impacted calendar. Defendants' Demurrer is OVERRULED. Plaintiff's Complaint is based upon a Three-Day Notice to Quit, which states that Defendants permitted ...

Excerpt: ...ectronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit or letter and briefly describe the exhibit"); San Mateo County Superior Court Local Rule 3.3 (same).) "Rules of Court have the force of law and are as binding as procedural statutes as long as they are not inconsistent with statutory or constitutional law." (R.R. v. Superior Court (2009) 180 Cal.App.4th 185, 205.) Plaintiff's Opposin...

Excerpt: ...efendant has not attached the subject document for the Court's review. CRC 1306(c). However, the referenced document is not necessary for the Court to grant the Motion to Quash. Background. This is an insurance subrogation case. Defendant Norwood moves to quash service of the Summons and Complaint, arguing he was improperly served. According to Plaintiff's Proof of Service (POSI filed 1-10-23, on 12-27-22, pursuant to Code Civ. Proc. Sect. 415.20...

Excerpt: ...nt and claims asserted in Defendant Ying (Cathy) Xue and ICEC, Inc.'s ("Xue") 12-8- 20 Cross-complaint, is GRANTED. Code Civ. Proc. Sect. 437c. EAC's alternative Motion for Summary Adjudication is therefore DENIED AS MOOT. Request for Judicial Notice. plaintiff/Cross-Defendant EAC's 1- 26-20 Request for Judicial Notice is GRANTED as to the referenced documents that were either filed with or issued by the Court (Evid. Code Sect. 452(d)), and GRANT...

Excerpt: ... City's Beach Front Boulevard right-of-way adjacent to Plaintiff's property. According to Plaintiff, during the construction, Shimmick graded a dirt roadway along the side of the levee and built a fence near the roadway. Plaintiff claims that Shimmick is using the roadway to store constructon materials for the levee project, and that both the fence and the roadway are on Plaintiff's property. Plaintiff refers to this alleged encroachment as "Tres...

Excerpt: ...f written notce of this order. Plaintiff's Request for Judicial Notice is GRANTED. Defendants demur to the First Amended Complaint's two contract claims generally, on the basis that neither states facts sufficient to consttute a cause of action, and specially, on the bases that Haskell is not a proper party and that the counts are uncertain. (See Code of Civ. Proc., S 430.10, subds. (d)—(f).) hey also generally demur to the First Amended Compla...

Excerpt: ...). A. Legal Standard for Judgment on the Pleadings A defendant may move for judgment on the pleadings on the grounds that "the complaint does not state facts sufficient to constitute a cause of action against that defendant." Code Civ. Proc., S 438, subd. (c). "The grounds for motion provided for in this section shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice." ld., at ...

Excerpt: ...laintiffs' Judicial Council form FAC alleges that six causes of action are attached at item 10: (1) Motor Vehicle, (2) General Negligence, (3) Intentional Tort, (4) Fraud, (5) Breach of Contract, and (6) Extortion. However, there is only one attachment, which is entitled "NEW DISCOVERY AMENDMENT TO COMPLAINT FOR AUTO FRAUD, BREACH OF CONTRACT, DISCRIMINATION & INTENTIONAL & INFLICTED EMOTIONAL DISTRESS," which appears to intend to name four cause...

Excerpt: ...nd the Court of Appeals' award of costs of appeal, Plaintiff seeks its attorney's fees and costs incurred in the proceedings relating to Defendant's unsuccessful Motion to Enforce Settlement Agreement and Defendant's unsuccessful appeal of that ruling. Plaintiff seeks an award of $21,318.50 in attorney fees, representing a total of 97 hours expended in connection with Defendants' Motion and the subsequent appeal, and $2,588.17 in costs. Salassi D...

Excerpt: ...Make Increase Deposit to $2,000,000 is GRANTED pursuant to Cal. Code of Civ. Proc. 51255.030. The Court previously ruled that Defendant's original Motion for Order Increasing Amount of Deposit of Probable Compensation and Commanding Plaintiff to Increase Deposit to $2 million pursuant to Code of Civil Procedure Section 1255.030 was denied without prejudice for failure to present the factual details required by subsection (a) regarding valuation. ...

Excerpt: .... 1—6, 10, 12—13, 16, 18, 19, 21—23. Defendant's Evidentiary Objections are DENIED. As a preliminary matter, Defendant's separate statement in opposition does not comply with California Rules of Court. Rule 3.1350(f)(2) that requires that, when a material fact is disputed, the evidence supporting the position that the fact is controverted must be described and cited to. In addition, Defendant has not properly bookmarked his exhibits, in vio...

Excerpt: ...s that Defendant claims are the result of mistake, inadvertence, surprise or excusable neglect. First, Defendant claims that the amended memorandum filed on February 1, 2023 exceeded the 15-page limit under California Rules of Court Rule 3.1113(d) because Defendant's counsel did not understand the Court's January 23, 2023 Order since it contained a typographical error referring to "CRC 3.113" instead of "CRC 3.1113." Defendant's counsel further c...