Excerpt: ...ve plea ding, the pleading is OVERRULED. However, Plaintiff's Complaint on its face discloses a fatal defect which requires the Court to instead render judgment on the pleadings in favor of Defendant. Plaintiff has failed to comply with statutory notice requirem ents. “Due to the summary nature of [an unlawful detainer] action, a three -day notice is valid only if the landlord strictly complies with the provisions of section 1161, subdivision 2...

Excerpt: ... efendants Brius, LLC, Brius Management Co., Rockport Healthcare Support Services, LLC, San Mateo Wellness GP, LLC, San Mateo Healthcare & Wellness Centre, LP, Susan Ehrlich, Nora De Leon, Bryan Guillermo, Shirley Faller, Kristine Guillermo, Chester Kuna ppilly and Shlomo Rechnitz (collectively “Defendants”) to the First Amended Complaint (“FAC”) of Plaintiffs Rosario Custodio (“Rosario”), et al. (collectively “Plaintiffs”) is rul...

Excerpt: ... Relief is DENIED. The Court's tentative ruling from December 28, 2023, as modified, is restated here. The controversy involves the Opperman's October 15, 2021 application to build an Accessory Dwelling Unit ADU on their property, which cross defendants denied. The project is referred to interchangeably in the Cross- Complaint as the “ADU” and the Opperman Application.” (Cross- Complaint ¶¶7 and 19.) The Opperman's Fifth Cause of Action ...

Excerpt: ...a nd DENIED IN PART. Defendants David M. Bragg and Silicon Valley Real Ventures, LLC shall pay $10,000 to Plaintiffs' counsel no later than March 8, 2024. Plaintiffs move here for terminating sanctions, monetary sanctions, and a finding of contempt with re spect to Defendants David M. Bragg and Silicon Valley Real Ventures, LLC (“SVRV”). They contend that sanctions and contempt are warranted by Bragg's and SVRV's refusal to comply with the C...

Excerpt: ...s of action a gainst Stiles and second Cross -Defendant Johnson (“Johnson”). In short, the Cross- Complaint alleges that Homa held title to the Ferrari at all times, including when it was sold for $200,000.00, but was forced by the Cross -Defendants to pay $175,000 and var ious other sums of money because CrossDefendants were upset that the car had been sold. According to the Cross -Complaint, Johnson told Homa that she should pay the money t...

Excerpt: ...te of Li mitations Where a complaint shows on its face that the cause of action is barred by the applicable statute of limitations, it is subject to demurrer. Sirott v. Latts (1992) 6 Cal.App.4th 923, 928. Here, the FAC alleges that Plaintiffs purchased the Subje ct Property from the Defendants on July 15, 2019. FAC ¶11. It further alleges that Plaintiffs discovered the storm drain by chance in June 2022 when they were doing landscaping on the S...

Excerpt: ...� in Plaintiff's O pposition brief (pp. 1-6). OVERRULED to the extent that Defendant objects to the entirety of Plaintiff's “Statement of Facts.” However, the Court disregards any referenced “facts” or “evidence” that is/are not identified, and properly cited, in Plaintiff's Separate Statement. San Diego Watercrafts, Inc. v. Wells Fargo Bank (2002) 102 Cal.App.4th 308, 315 -316. • Objection to Plaintiff's assertion of theories not ...

Excerpt: ...ked merit and that Defendant is entitled to recover attorneys' fees and costs as a prevailing party in the amount of $38,265.26. For the reasons set forth below, Defendant's motion is DENIED. Defendant sets forth a litany of inconsistencies in Plaintiff's testimo ny, and argues that Plaintiff is a serial litigant whose counsel has brought high numbers of meritless claims against businesses, seeking a payout for ADA and Unruh Act violations withou...

Excerpt: ... S ani alleges that on or about 2022 a[n] oral agreement was made between Plaintiff, Monney Car Audio, and ISSIMI MECCANICA INC. The essential terms of the agreement are as follows: Plaintiff entered into an oral contract with Defendants Monney Car Audio and ISSIMI MECCAHNICA INC for installation of a rearview camera, radar, recording camera, and side signals to address visibility concerns unique to his 2020 Lamborghini SVJ ("vehicle") in...

Excerpt: ...hip o f, and benefits flowing from, six real properties in Hayward, California. On January 10, 2023, defendant/cross- complainant Ashwani Kumar Bhakri (defendant) filed a cross -complaint alleging, inter alia, promissory fraud and breach of written contract, argu ing an alternative version of facts in which the two oral contracts alleged in the FAC never existed, and that the parties never entered into the fiduciary relationship which forms t...

Excerpt: ...is o ver 70 years of age may petition the court for a preference, which the court shall grant if the court finds both that the party has a substantial interest in the action as a whole, and that the health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. Section 36, subdivision (a) “is mandatory and absolute in its application in civil cases whenever the litigants are 70 yea...

Excerpt: ...D. Initial ly, the court notes that defendant Owl, Inc. (Owl) has provided the incorrect address for the hearing. Department 28 is not located in Redwood City as the notice states, but instead at the Central Courthouse, Courtroom I, 800 North Humboldt St., San Mateo , CA 94401. (See Cal. Rules of Court, rule 3.1110 [the Notice “must specify” the location of the hearing].) As another preliminary matter, the declaration submitted by Owl is insu...

Excerpt: ...are reason ably subject to dispute by CCSF and irrelevant. (Evid. C. §452(h); AL Holding Co. v. O'Brien & Hicks, Inc. (1999) 75 Cal.App.4th 1310, 1313 fn. 2 [“a court must decline to take judicial notice of material that is not relevant”] (internal citation omitted).) Accordingly, the Court has not considered Plaintiffs' extrinsic evidence. (See Ion Equipment Corporation v. Nelson (1980) 110 Cal.App.3d 868.) This case is brought by Plaintiff...

Excerpt: ... 430.10 CALIF. RULE OF CT., RULE 3.1320] TENTATIVE RULING: Defendants Wayne Podesta's, Gary Podesta, Jr.'s; and Podesta Family Investments II, LLC's (collectively, “Defendants”) 11 -7 -23 Demurrer to Plaintiffs' 9 -21 -23 First Amended Complaint (FAC) is SU STA INED-IN -PART without leave to amend and OVERRULED -INPART. Defendants' 11 -7 -23 Request for Judicial Notice (RJN) is GRANTED as follows: As to the document(s) filed in prior court p...

Excerpt: ...pe r annum of $28,554.79, and costs of $1,383.85 for a total award of $54,938.64. (Aug. 11, 2023 Default Judgment.) Schreiner moves here to set aside and vacate that judgment or to strike the prejudgment interest portion of it. Defendant contends that the aw ard of interest was improper under subdivision (a) of Civil Code §3287, which entitles a prevailing party to prejudgment interest on damages that are certain. (C.C. §3287(a).) However, as P...

Excerpt: ..., inter a lia, the following causes of action (“COAs”) against Grove: private nuisance under Civil Code § 3479, trespass under Civil Code § 3334, negligence, injunctive relief, and violation of Bus. & Prof. Code § 7000. Defendant's demurrer is SUSTAINED -IN -PART wit hout leave to amend OVERRULED -IN -PA R T. A demurrer tests the legal sufficiency of the pleadings, raising issues of law but not fact regarding the form or content of the opp...

Excerpt: ...wers to interrogatories, depositions, and matters of which judicial notice shall or may be taken.” Under Aguilar v. Atlantic Richfield Company (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, t...

Excerpt: ...ndant' s Request for Production of Documents (“RFPs”), Set One (the “Motions”). These are the fourth and fifth discovery motions brought by Defendant and Plaintiff has already been sanctioned $18,005.40, none of which has been paid. Defendant's Motions and requ est for terminating sanctions are GRANTED and the matter is ordered DISMISSED with prejudice. The proof of service (“POS”) for the Motions indicates they were sent to Plaintif...

Excerpt: ...tain discovery … by means of a … mental examination of (1) a party to the action, … in any action in which the mental [] condition … of that party or other person is in controversy in the action. (Code Civ. Proc. Sect. 2032.020(a).) Here, Plaintiff has placed his ment al condition in controversy. Plaintiff claims to suffer from “depression, anxiety, hopelessness, decreased energy and sleep disturbance” as a result of the incident in S...

Excerpt: ...nce Þnding that the declaration o Marc D. Bender provides a oundation or his expertise o opining on the reasonableness o ees, his criticisms are relevant and there is su
¯icient oundation or his opinions. The act that he does not have personal knowledge is irrelevant to his opinions. The court considers his declaration in the context o its own knowledge o the acts o this case. Deendants contend that the attorneys' ees provision d...

Excerpt: ...plainant Bernice Turner's operative First Amended Cross-Complaint (“FACC”) alleges three causes of action against Cross-Defendants, including Cross-Defendant Mortgage Lender Services, Inc. (“MLS”): (1) negligent misrepresentation, (2) negligence, and (3) unfair business practices. MLS demurs to all three causes of action on grounds of failure to state a claim. A demurrer tests the legal su
¯iciency of the pleadings, raising issues of law...

Excerpt: ...ition for Writ of Mandate of Plainti
¯/Petitioner City of Millbrae (“Millbrae”) is ruled on as follows: In making this ruling, the Court has also reviewed the response Þled on behalf of Interested Party Yes In My Back Yard. Demurrer to the Fourth Cause of Action for Injunctive Relief is SUSTAINED WITHOUT LEAVE TO AMEND. As the Court previously found in denying Millbrae's request for a preliminary injunction, Millbrae's lawsuit is a validati...

Excerpt: ...Agreements serving as the basis of the judgment are void and unenforceable” on those bases. (Motion at p. 8 (emphasis added); see also Reply at p. 1, fn. 1.) Nevertheless, the only issue before the Court is whether the Judgment entered by the Honorable Robert Foiles on March 19, 2021, is void on its face. Noting this limitation on the Court's authority is important because the Motion asks the Court to go beyond simply voiding the Judgment and t...

Excerpt: ...P §§435, 436, 581(f)(2).) Defendants' Request for Judicial Notice (RJN) is GRANTED. (Evid. Code Sect. 452(d).) Defendants' unopposed Motion to Strike Plainti
¯s' TAC is GRANTED. (CCP §§435 & 436; Leader v. Health Industries of America, Inc. (2001) 89 Cal.App.4th 603, 613.) As set forth in Defendants' moving papers, the Court's 8-31-23 Order sustaining Defendants' demurrer to Plainti
¯s' Second Amended Complaint (SAC) set a deadline for Plai...

Excerpt: ...tion Act (the “FAA”) covers at least some of the claims asserted in the First Amended Complaint (“FAC”) and that a party may properly move to compel arbitration of claims asserted in an existing lawsuit. Rather, the dispute here is limited to whether and the extent to which the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “EFAA”) permits Bruschi to elect to proceed in court on his claims. The EFAA...