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...

Excerpt: ...ation set forth in bold below. The Court finds the settlement to be within the range of reasonableness of a settlement that ultimately could be granted approval by this Court at the final fairness hearing. Plaintiff's counsel is experienced in class litigation, the case was vigorously contested by Defendant and its experienced counsel, the parties engaged in discovery and Plaintiffs' counsel hired a damage expert, the settlement was reached after...

Excerpt: ...nment Code S 946.6. That statute provides, in pertinent part, as follows: (c) The court shall relieve the petitioner from the requirements of Section 945.4 the court finds that the application to the board under Section 911.4 was made within a reasonable time not to exceed that specified in subdivision (b) of Section 911.4 and was denied or deemed denied pursuant to Section 911.6 and that one or more of the following is applicable: (1) The failur...

Excerpt: ...sy copy of the filed documents, including a nicely tabbed file for the Request for Judicial Notice, counsel for Defendants is directed to comply with California Rules of Court and Local Rules of Court regarding electronically filed documents. Specifically, exhibits must be bookmarked. California Rule of Court 3.1110(f)(4) ("electronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles ...

Excerpt: ...ral Rules of Venue for Contract Actions As applied to this action, Code of Civil Procedure Section 395 provides two alternative bases for venue: Defendant's residence and the place where the contract was entered into or to be performed. (Cal. Code Civ. Proc., S 395, subd. (a).) Based on the facts of this case, venue based on the contract does not apply. 8. Section 395 Does Not Apply to this Case By the express language of Section 395, the locatio...

Excerpt: ...contends that the issues raised by his Motion have been resolved in part by the production of documents on November 8 and November 29, 2022, but that the issues of a privilege log and of sanctions have not been resolved. (See Reply, at p. 2:3-15.) Defendant's request for an order compelling production of any documents is now moot, as Defendant agrees that the documents were produced after the filing of the Motion. Defense counsel has sought a pri...

Excerpt: ...otection Act of 2019 (TPA). According to Defendant, "Although [the Thirty Day Notice to Terminate) purported to state 30 days' notice to tenants, it did not state the 'no fault — just cause' basis, which is critical for determining (at present and in hindsight) whether the TPA has been complied with." (MPA iso Demurrer, at p. 3.) In response, Plaintiff claims that the TPA does not apply because "The Complaint alleges that the lease at issue her...

Excerpt: ...ction Act of 2019 (TPA). According to Defendant, "Although [the Thirty Day Notice to Terminate) purported to state 30 days' notice to tenants, it did not state the 'no fault — just cause' basis, which is critical for determining (at present and in hindsight) whether the TPA has been complied with." (MPA iso Demurrer, at p. 3.) In response, Plaintiff claims that the TPA does not apply because "The Complaint alleges that the lease at issue here i...

Excerpt: ...) entered between Plaintiff and Boardwalk Nissan on grounds that Plaintiff should be equitably estopped from refusing to arbitrate his claims against Defendant. The arbitration provision —to which Defendant is not a signatory— states, in pertinent part, as follows: Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision and the arbitrability of the claim or di...

Excerpt: ...o arbitration all claims raised in the Complaint. This achon is STAYED pending resolution of the arbitration proceedings. Defendants seek to compel the submission of Plaintiff's claims to arbitration pursuant to an agreement (the "Arbitration Agreement") entitled "Brooksdale Dispute Resolution Policy" and allegedly signed by Plaintiff. (See Jan. 20, 2023 Declaration of Audrey Withers ("Withers Decl."), 5, exh. A ("Arb. Agmt.").) Plaintiff makes s...

Excerpt: ...d the gift card. The argument lacks merit. Plaintiff alleges that he read Nordstrom's representations about how secure the gift cards are. (9AC Para. 15.) Plaintiff alleges that in reliance on those statements, he asked Mr. Devorkin to buy him a Nordstrom gift card for his 50th birthday. (ld. Para. 18.) Mr. Devorkin did so. Under the liberal pleading standard for demurrers, these allegations are sufficient to allege that Devorkin was acting as Pl...

Excerpt: ... Sect. 1005, subd. Plaintiff is reminded to comply with filing and service deadlines in the future. Defendant Diwa Rachakonda's demurrer to the first cause of action (breach of contract) is SUSTATINED WITH LEAVE TO AMEND. Demurrer to the second cause of action (common count for work, labor, services) is OVERRULED. Plaintiff shall file and serve his First Amended Complaint on or before May 8, 2023. The first cause of action (breach of contract) fa...

Excerpt: ...ctions as follows: Discovery is broad and its purpose is to provide information so that there are no surprises at trial. See Children's Hosp. Central. Cal. v. Blue Cross of Cal. (2014) 225 Cal.App.4th 1260, 1276; Code of Civ. Proc. S 2017.010. One way that parties obtain this information is through contention interrogatories, which are authorized by Code of Civil Procedure section 2030.010(b). On August 16, 20231, twenty months ago, Plaintiffs fi...

Excerpt: ...act to a claim for breach of contract (fourth cause of action) and to add a cause of action for unjust enrichment/quantum meruit against new defendants, the clients. Ryan opposes the amendment. A court has discretion to allow an amendment to a pleading on any just terms and at any time, even after commencement of trial. Code of Civ. Proc., SS 473, 576. The statutes that give courts authority to allow amendments are to be construed liberally in fa...

Excerpt: ... quiet title and constructive trust are real property claims. 80th claims, if successful, would result in a change of title. However, as discussed below, Plaintiff fails to plead facts demonstrating the probable validity of any real property claims. 1. Quiet Title. The general rule is that the holder of equitable title cannot maintain a quiet title action against the holder of legal title. (Warren v. Merrill (2006) 143 Cal.App.4th 96, 113.) An ex...

Excerpt: ...otection Act of 2019 (TPA). According to Defendant, "Although [the Thirty Day Notice to Terminate] purported to state 30 days' notice to tenants, it did not state the "no fault — just cause" basis, which is critical for determining (at present and in hindsight) whether the TPA has been complied with." (MPA iso Demurrer, at p. 3.) In response, Plaintiff claims that the TPA does not apply because the "Complaint alleges that the lease at issue her...

Excerpt: ...t Protecton Act of 2019 (TPA). According to Defendant, "[a]lthough [the Thirty Day Notice to Terminate] purported to state 30 days' notice to tenants, it did not state the "no fault — just cause" basis, which is critical for determining (at present and in hindsight) whether the TPA has been complied with." (MPA, at p. 3.) In response, Plaintiff claims that the TPA does not apply because the "Complaint alleges that the lease at issue here is for...

Excerpt: ...ed to Steven Baik is GRANTED for the reasons set forth below. Krafton's request for sanctions is DENIED. By this Motion, Krafton seeks to quash the subpoena issued to Baik by Plaintiffs and Cross-defendants NetEase Inc., Hong Kong NetEase Interactive Entertainment Ltd., and NetEase Information Technology Corp. (collectively "NetEase"), which requests Baik produce the Engagement Letter detailing the fee arrangement between himself and Krafton with...

Excerpt: ... is ordered to provide answers to NetEase's questions regarding whether he has a financial interest in the outcome of this litigation, as discussed in this ruling, in a further deposition. The further deposition is to take place no later than April 18, 2023, except as agreed upon by the Parties and their respective counsel. By this Motion, NetEase seeks to compel Steven Baik's answers to certain deposition questions. These questions sought to dis...

Excerpt: ...4); and (2) GRANTED, BUT NOT FOR THE TRUTH OF THE MATTERS ASSERTED THEREIN, as to Galicha and Bell's respective cross-complaints (Ex. 1, 2) and the court order issued on September 14, 2017 in DOE v. Google (S.F. sup. ct. case no. CGC-16-556034) (Ex. 5). All objections are OVERRULED. DFS has not met its initial burden of proof to demonstrate there are no triable issues of material fact as to Issue nos. 1 — 12. For Issues nos. 1, 2, 5, 6, 9, DFS ...

Excerpt: ...defendant has filed an answer to a prior complaint. (See Code of Civ. Proc., S 430.10.) And here, contrary to Plaintiff's contention, the Demurrer is a general one rather than a special one, which is explicit in the notice and readily apparent from the supporting papers. (See, e.g„ Jan. 25, 2023 Notice of Demurrer, pp. 1—2.) A general demurrer is made on the basis that the complaint "does not state facts sufficient to constitute a cause of ac...

Excerpt: ...ng for Redwood City. The Demurrer of Defendant Margaret Young ("Defendant") to the Fifth Cause of Action for Negligent Entrustment of a Motor Vehicle in the Second Amended Complaint ("SAC") by Plaintiff Mary Helena Celine Joseph, individually and as successor-in- interest to Gryselda Joseph ("Plaintiffs"), is OVERRULED. The rules for a demurrer are well known: In reviewing the demurrer, the Court construes the allegations liberally, reading the c...

Excerpt: ...plaint is SUSTAINED WITH LEAVE TO AMEND for the reasons set forth below. Plaintiff is to file a Second Amended Complaint no later than five (5) days after service of written notice of this order. Plaintiffs 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 constitute a cause of action, and specially, on the bases that Haskel...

Excerpt: ...ather than 8(1) North Humboldt St., San Mateo, CA 94401, where Judge Fineman's courtroom is located. Defendant went to City, but was then able to connect to the hearing via Ztnm. As a result of Defendant's argument and the fact that the notice indicated the incorrect court location, the Court continued the hearing to April 11, 2023 and provided leave to Defendant to file additional information with the Court by April 4, 2023. Defendant has not fi...

Excerpt: ...N-PART. 1. Procedural Matters Defendants' October 12, 2022 Request for Judicial Notice is GRANTED. (Evid. Code, S 452(d).). Defendants' Reply brief argues that the Court should not consider Plaintiff's Opposition brief due to alleged improper electronic service, and non- compliance with the parties' agreement regarding service. In the Court's discretion, the Court has considered Plaintiff's Opposition brief, but admonishes the parties that, going...

Excerpt: ...e Court's ruling on Defendant's Motion for Judgment on the Pleadings. 8. Discussion 1. Paragraph 9 Does Not Support Granting Summary Judgment Defendant argues that Paragraph 9 is an exculpatory clause that precludes liability for breach of contract. That argument is unpersuasive. i. Paragraph 9 Is an Indemnity Clause, Not an Exculpatory Clause In the absence of any extrinsic evidence, the Court may "determine the parties' intentons as disclosed b...

Excerpt: ...On March 23, the Court issued a Tentative Ruling indicating an intention to sustain the Demurrer, which at that time appeared to be unopposed, for the reasons argued in Defendant's moving papers. On March 21, Plaintiff filed a late Opposition brief. Defendant then requested a continuance of the March 24 hearing to allow Defendant time to file a Reply brief. Accordingly, at the March 24 hearing, rather than adopt its Tentative Ruling, the Court co...

Excerpt: ...t Defendants did not give Plaintiff Gloria Rodriguez a thirty-day notice before the locks were changed and she was refused reentry to a residence located at 237 Poplar Avenue in Redwood City (the "Property"). By this Motion, Defendants contend that the action has no merit because Plaintiff cannot establish that Defendants were landlords nor establish that she was entitled to a thirty day notice. A. Legal Standard on Summary Judgment "A party may ...

Excerpt: ...the Third Cause of Action ("intentional infliction of emotional distress"), the demurrer is SUSTAINED with leave to amend. Code Civ. Proc. Sect. 430.10(e). Plaintiff's Complaint alleges that Defendant is guilty of "extreme and outrageous" conduct because Defendant had "actual and constructive knowledge" of a bed bug problem in its hotel, yet failed to disclose the problem to Plaintiffs, which resulted in Plaintiffs' allegedly sustaining personal ...

Excerpt: ...edia Inc. v. Superior Court (1999) 20 Cal.4th 449,457, fn. 9. Defendant's Request for Judicial Notice in support of the Reply is DENIED. General Demurrer for Failure to Comply with Tort Claims Act Defendant's unopposed General Demurrer to the entire Complaint for failure to comply with tort claims requirements is SUSTAINED without leave to amend pursuant to Cal. Code of Civ. Proc. S 430.10(e). Plaintiff's Complaint fails to comply with the requir...

Excerpt: ...hilip Morris Inc. (1975) 54 Cal.App.3d 7, 18.) The demurrer admits the truth of all material facts properly pleaded (i.e., all ultimate facts alleged, but not contentions, deductions or conclusions of fact or law). (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-957.) A. First Through Fourth Causes of Action (Negligence) The Demurrers to the first, second, third, and fourth causes of achon are OVERRULED. The ground for each demurrer is t...

Excerpt: ...ivil Procedure section 435.16 (Anti-SLAPP) as follows: BURDEN OF PROOF ON A SLAPP MOTION "Enacted by the Legislature in 1992, the ant-SLAPP statute is designed to protect defendants from meritless lawsuits that might chill the exercise of their rights to speak and petition on matters of public concern." Wilson v. Cable News Network, Inc. (2019) 7 Cal.5th 871, 883—884 (citations omitted). In Bonni v. St. Joseph Health System (2021) 11 Cal.5th 99...

Excerpt: ...s set forth below. Request for Judicial Notice. Defendant/cross-complainant Milana Ostroy's 3-16-23 and 3-17-23 Requests for Judicial Notce are GRANTED. Evid. Code Sect. 452(d). Milana's Ostoy"s Opposition. Plaintiff Yelnin correctly notes that Milana Ostroy filed her 3-16-23 Opposition brief one day late. Pursuant to Code of Civil Procedure Section the Opposition was due March 15. In its discretion, however, the Court has considered Ostroy's Opp...

Excerpt: ...s: The Court finds that since no opposition has been filed for this properly served motion, all procedural objections to the motion, if any, have been waived. a. Form Interrogatory No. 6.7 This form interrogatory asks for information regarding any health care provider that advised future treatment is needed for Plaintiff's injuries, including the name and address, the complaints for which treatment was advised, and the nature, duration and estima...

Excerpt: ...iffs were contesting the hearing. However, Plaintiffs' counsel appeared by Zoom and, despite repeated efforts by the Court to have Plaintiffs' counsel make an appearance when the case was called, Plaintiffs' counsel never was able to obtain an audio connection to address the Court (the Court could see Plaintiffs' counsel on the screen). Therefore, with defense counsel's agreement, the Court continued the motion to March 28, 2023 for argument. Pla...

Excerpt: ...earned wages (second), (3) failure to prov-de accurate wage statements (sixth cause of action), and (4) unfair competition as derivative of the first, second and sixth causes of action (eighth cause of action) for the following class certified and defined as: All California owner-operator franchisee cleaners who signed a franchise agreement that did not include any arbitration agreement with Vanguard Cleaning Systems, Inc., or its regional franch...

Excerpt: ... to Evid. Code, S 452(d). The Court additionally takes judicial notice of the pleadings filed in related Case No. 1. Defendant Sarah Hillhouse's Demurrer to the 13th COA for Civil Embezzlement is OVERRULED The Court analyzed a demurrer to a similar COA in Plaintiff's Crosscomplaint in a related action, Case No. 22-CL_J-WCb40, and overruled the demurrer to that COA because the Court found that under a broad, liberal reading of the pleading, the Cr...

Excerpt: ...spose of all causes of action. Defendants' Alternative Motion for Summary Adjudication of Plaintiffs' Complaint is GRANTED-IN-PART and DENIED-IN-PART. Specifically, Defendants' Motion for Summary Adjudication is GRANTED as to Issues 4, 6, 12, 14, 16, and DENIED as to Issues 1, 2, 3, 5, 7, 8, 9, 10a, 10b, 11, 13, 15, 17, and 18. Defendants' Objections 1. Opposing Declaration of Randy Dizitser (Exhibit 3 to the Compendium of Evidence in Opposition ...

Excerpt: ... Dizitser") and Michelle Dizitser ("M. Dizitser") Crosscomplaint is GRANTED. The undisputed material facts show that the Cross-complaint has no merit and Cross-defendants AVJOG and Chadha are entitled to judgment in their favor. A. First Cause of Acton (Wrongful Eviction) 1. Issue 1: The Dizitsers Were Neither Parties to nor ThirdParty Beneficiaries of the Lease between AVJOG and MxM It is undisputed that the Dizitsers were not parties to the Lea...

Excerpt: ...ng reviewed BG's moving papers and supporting evidence, the Court finds good cause to sign an expungement order (assuming it is in proper form), conditioned on BG giving an undertaking. (See id., S 405.33.) Further, BG's October 5, 2022 Request for Judicial Notice is GRANTED as to Exh. 1 (Evid. Code, S 452(c)), and GRANTED as to Exhs. 2-3 (ld., S 452(d)). Factual and Procedural Background. Plaintiffs allege that the subject residential real prope...

Excerpt: ... Defendants committed financial elder abuse and breached their duties as fiduciaries when they pressured her into selling her house without attempting to solicit bids from other buyers via a multiple listing service ("MLS"). Here, Defendants move to strike all requests for punitive damages from the Complaint. As a preliminary matter, Defendants failed to meet and confer as required by Code of Civil Procedure secton 435.5. This statute requires a ...

Excerpt: ...NG: Plaintiffs serra Falk Goldman's and George G.'s unopposed Motion to Seal, filed 2-24-23, which seeks an Order sealing certain documents filed in support of, and in opposition to, defendant Cirrus' Motion for Review of the Discovery Referee's Pre- Trial Order ISA, is GRANTED. CRC 2.550(d); 2.551. Plaintiffs seek an order sealing the confidential versions of the documents listed below, which were filed/lodged with the Court on Feb. 14, 2023 and...

Excerpt: ...he Court's January 11, 2023 Order compelling Plaintiff to serve responses to Defendant's Form Interrogatories, Set One, Special Interrogatories, Set One and Request for Production of Documents, Set One, as well as Plaintiff's failure to submit any Case Management Statements ahead of scheduled case management conferences. According to the declaration of Defendant's counsel, "Plaintiff has not served verified discovery responses pursuant to the Cou...

Excerpt: ... order. Plaintiff's Request for Judicial Notice is GRANTED. Plaintiff's Complaint alleges, inter alia, Defendants committed financial elder abuse and breached their duties as fiduciaries when they pressured her into selling her house without attempting to solicit bids from other buyers via a multiple listing service ("MLS"). Here, Defendants demur to each of the two causes of action in the Complaint pursuant to Code of Civil Procedure section 430...

Excerpt: ...de that the parties agreed to permit discovery on issues pertaining to enforceability of the Arbitration Agreement. The discovery at issue falls into nine general categories: formation of the arbitration agreement, presentation of arbitration agreements to residents, withdrawal of arbitration agreements, arbitration costs, conduct of arbitration, ownership of arbitration entities, motions to compel arbitration, initiation of arbitration, and the ...

Excerpt: ... cautioned regarding signing declarations under oath absent personal knowledge of the facts stated therein. The 1-5-23 Karen Evans declaration does not appear to be based on personal knowledge. If counsel did not participate in the alleged phone call, then she should not be stating, under penalty of perjury, based on alleged personal knowledge, that the phone call took place. Nonetheless, the Court deems the meet and confer to have been sufficien...

Excerpt: ...erver and Defendants have filed a reply. The Court GRANTS the motion. FACTS On February 6, 2023, Plaintiff filed three proofs of service showing person service by a registered process server on each of the three defendants on January 28, 2023 at 10:08 a.m. In support of the moving papers, Defendants each filed a declaration stating that they were not personally served. Pauli and Paleste Tau declare that they were home that day, but were never ser...

Excerpt: ...23 for ease of tracking: The Court rules on Defendants' Motion in Limine No. 13 to Exclude Permanent Nuisance Damages as follows: The Court GRANTS the unopposed Requests for Judicial Notice. The Court takes judicial notce of these documents' existence, the date and nature of the acts and pleadings, but not necessarily for the truth of facts asserted within the documents. Julian Volunteer Fire Co. Assn. v. Julian-Cuyamaca Fire Protection Dist. (20...

Excerpt: ...urthouse. Department 4 is located at the Central Courthouse, 800 North Humboldt St., Courtroom G, San Mateo, CA 94401. Plaintiffs, however, noticed the hearing for Redwood City. OBJECTION TO SEPARATE STATEMENT Defendants object to Plaintiffs' separate statement of Undisputed Material Facts ("SSUMF") for failure to comply with California Rules of Court 3.1350(b),(h). Plaintiffs' Notice of Motion indicates that summary judgment/adjudicaton is sough...

Excerpt: ... whether a settlement is fair, reasonable and adequate. (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 75—77.) After conducting this independent review of this proposed settlement, the Court DENIES WITHOUT PREJUDICE Plaintiff Y. Thomas' Motion for (1) Preliminary Approval of Class Action Settlement Agreement; (2) Approval of Notice to Class Members and Related Materials; (3) Approval of Settlement Administrator; and (4) Setting Hearing fo...

Excerpt: ...epartment's ("Defendant") Motion to Compel Plaintiff Joseph Echema's ("Plaintiff") Responses to Set No. 1 of Defendant's Requests for Production of Documents, Form Interrogatories, and Special Interrogatories and to Impose Sanctions is DENIED for the reasons set forth below. A. Defendant's Request for Order Compelling Further Responses Is untimely On March 26, 2021, Plaintiff served verified responses to Defendant's First Set of Requests for Prod...

Excerpt: ...ENIED-IN-PART. (Cal. code Civ. Proc., SS 1281.2, 1281.4.) Plaintiff Brennan Lawson ("Plaintiff") has filed two actions against Defendant Meta. The two related cases inwlve substantially the same allegations against Defendant. The Court has already determined that the instant case (Case No. 22ClV03300, filed on August 11, 2022) is related to Case No. 22ClV02723, filed on July 5, 2022. (See October 10, 2022 Order Deeming Cases Related.) In this cas...

Excerpt: ...ition is CONTINUED to May 25, 2023 at p.m. The parties are ORDERED to file and serve simultaneous supplemental briefs no longer than seven (7) pages on or by April 6, 2023 addressing the following issues: 1. Whether Logan v. Country Oaks Partners LLC (2022) 82 Cal.App.5th 365 [review granted) can be reconciled with Hutcheson v. Eskaton Fountainvvoc„d Lodge (2017) 17 Cal.App.5th 937 (Hutcheson)? And if so, how? 2. Whether Hutcheson is distinguis...

Excerpt: ...16, 2023. At that time, Defendants had not filed an opposition. At the hearing on February 16, 2023, Defendants claimed that they never received the Motion so the Court continued the hearing to February 23, 2023. At the hearing on February 23, 2023, the Court continued the hearing to March 16, 2023 and set a briefing schedule for Defendants' opposition, and Plaintiff's reply. 80th Defendants and Plaintiffs timely filed their briefs. In their oppo...

Excerpt: ... hereby STAYED pending resolution of the arbitration proceeding. Code Civ. Proc. Sect. 1281.4. As a matter of public policy, California courts favor the enforceability of arbitration agreements. Code Civ. Proc. Sect. 1281.2 provides that upon a showing that the parties entered into a valid agreement to arbitrate, and that a party thereto has refused to arbitrate the controversy, the Court "shall" order the parties to arbitrate "unless it determin...

Excerpt: ...ction for Money Had and Received is GRANTED. EKA's Request for Judicial Notice is GRANTED. On reply, the Plaintiff submitted additional evidence in support of his Motion, to which Defendant objects. The Court, in making fts ruling, has not considered any of the new evidence submitted by Plaintiff on reply. Plaintiff's Supplemental Request for Judicial Notice, made for the first time on reply to accompany the new evidence discussed above, is DENIE...

Excerpt: ...pursuant to cal. code of Civ. Proc. S 430.10(e). These causes of action are time barred by the applicable statute of limitations under Code of Civil Procedure section 337(a), and therefore fall to state a claim upon which relief can be granted. The gravamen of Plaintiff's First Amended Complaint arises out of alleged overcharges on Plaintiff's real estate loan from Defendant Bank of America, in which Plaintiff received a misstated HUD-statement w...

Excerpt: ...ARTIES ARE TO APPEAR. The Stipulation provides that if Defendant Rene Michelle Costas ("Defendant") fails to make a payment, Plaintiff shall give written notice to Defendant and Defendant shall be allowed an additional 10 days from the date of the written notice to cure the default. (Mahfouz Decl., Exh. A, Stipulation 11.) Defendant is to provide written notice of any address change, or else the address in the Stipulation remains valid for Notces...

Excerpt: ...ainst the Property, Attempting to sell or dispose of the Property, Modifying the Property including purporting to 'improve' the Property, and Taking any further funds from the 536 Laidley Street Partnership Bank account." (Notice of Motion at 2:3-9.) However, the Court grants a preliminary injunction against Defendant Abel's accepting any offer to purchase the property at a price to which a majority of the partners does not agree. Defendant Abel,...

Excerpt: ...e of Civ. Proc. S 430.10(e). The Slome Decl. ISO Defendant's Demurrer indicates that counsel exchanged written correspondence in efforts to meet and confer. Slome Decl., 92. This does not satisfy the requirements Cal. Code of Civ. Proc. 5430.41(a) to meet and confer in person or by telephone. The Court, in its discretion, has reached the merits of the Demurrer. This action arises out of alleged elder abuse and breach of fiduciary duty related to ...

Excerpt: ...ferences that may be drawn from those facts." (Miklosy v. Regents of the University of Cal. (2008) 44 Cal.4th 876, 883.) The Court may "also consider matters that may be judicially noticed .. " (Brown v. Deutsche Bank Natl. Trust Co. (2016) 247 Cal.App.4th 275, 279.) he Court does "not, however, assume the truth of contentions, deductions or conclusions of law." (Guerrero v. Pacific Gas & Electric Co. (2014) 230 Cal.App.4th 567, 571.) Because the...

Excerpt: ...vil Procedure section 481.010, et seq.)] are subject to strict construction," and a court may not issue a writ of attachment unless authorized by those statutes. (Pacific Decision Sciences Corp. v. Superior Court (2004) 121 Cal.App.4th 1100, 1106.) under the Attachment Law statutes, an application for a writ of attachment must be based on a claim for breach of an express or implied contract. (Code Civ. Proc., S 483.010(a); Korea Water Resources C...

Excerpt: ...ASE SUMMARY The Complaint alleges that on January 7, 2020, Plaintiff Mary Jane Estacio (“Plaintiff”) entered into a warranty contract with Nissan regarding a 2018 Nissan Kicks (“vehicle”). Plaintiff attaches a copy of the express warranty to the Complaint. (See Defendants' Request for Judicial Notice, Exh. 1.) Plaintiff claims that the vehicle had defects and nonconformities to the warranty. Plaintiff delivered the vehicle to GSN for repa...

Excerpt: ... (30) days after written notice of entry of this order. Failure to timely file an amended pleading in compliance with this order may result in dismissal of this action. The Request for Judicial Notice of Private Defender Program Office (“PDPO”) is GRANTED. Defendant demurs to the Supplemental Complaint on the grounds that the claims are barred by res judicata, that the pleading is uncertain, and that insufficient facts are stated as to consti...

Excerpt: ...failed to (1) allege facts constituting a violation of the Homeowner's Bill of Rights (HBOR), (2) allege a timely tender of their indebtedness, or (3) establish that they were prejudiced by the alleged violations of the HBOR. Defendant contends, first, that Plaintiffs have failed to state facts constituting a violation of Civ. Code §§ 2923.7 or 2924.9. Civ. Code § 2923.7 provides that “[u]pon request from a borrower who requests a foreclosur...

Excerpt: ...roc. Sect. 437c. Legal standard. A motion for summary judgment shall be granted if the papers submitted show there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Code Civ. Proc. Sect. 437c(c). A defendant has met its burden of showing that a cause of action has no merit if defendant shows that one or more elements of the cause of action cannot be established, or that there is a co...

Excerpt: ...- Compel Duplicate Deeds. Plaintiff's claim to “compel duplicate deeds” is based on an allegation that two grant deeds relating to real property in Santa Clara County were stolen from a safe. (Complaint para. 65-69.) The Probate Court of this County fully adjudicated the issue of the deeds on the merits when it granted Defendant WALLACE's Rental Properties Petition. The Probate Court ruled that ROBERT had no valid property interest in the pro...

Excerpt: ...es not state facts sufficient to constitute a defense to the complaint. (Code of Civ. Proc. (“C.C.P.”) § 438(c)(1)(A).) Plaintiff asserts that the Complaint states facts sufficient to constitute a breach of contract cause of action. (See Plaintiff's Memorandum, p.2:12-16.) Plaintiff claims that the Complaint establishes the existence of a contract between Plaintiff and Defendant, that Defendant breached the contract and that Defendant failed...

Excerpt: ... April 11, 2021 labor and materials contract (the “Contract”) between Plaintiff, who sued as Envirobuilt Construction (Ali Ebadar), presumable meaning Ali Ebadar individually and dba Envirobuilt Construction, and Defendants Mia Rusali and Dedy Rusali. Defendants assert that Plaintiff initiated this action in retaliation for their May 28, 2021 Complaint Form filed with the Contractors State License Board (“CSLB”) regarding issues with Plai...

Excerpt: ...ga Taape, Jr. filed this action against Defendant Rosemary Henson for alleged injuries he sustained while visiting property owned by Defendant in February 2020. Plaintiff's Complaint seeks recovery for injuries sustained during the alleged incident. Defendant cross- complained against Cross-Defendant The Broadmoor SF, alleging a cause of action for indemnity and equitable contribution for injuries Plaintiff subsequently sustained while he was a t...

Excerpt: ...tella v. Asset Management Consultants, Inc. (2017) 8 Cal.App.5th 181, 191.) But a demurrer “ ‘will lie where the complaint “has included allegations that clearly disclose some defense or bar to recovery.” ' ” (Ibid.) In other words, “ ‘a demurrer based on an affirmative defense will be sustained only where the face of the complaint discloses that the action is necessarily barred by the defense.' ” (Ibid.) B. Discussion Both partie...

Excerpt: ... inferences that may be drawn from those facts.” (Miklosy v. Regents of the University of Cal. (2008) 44 Cal.4th 876, 883.) The Court may “also consider matters that may be judicially noticed . . . .” (Brown v. Deutsche Bank Natl. Trust Co. (2016) 247 Cal.App.4th 275, 279.) The Court does “not, however, assume the truth of contentions, deductions or conclusions of law.” (Guerrero v. Pacific Gas & Electric Co. (2014) 230 Cal.App.4th 567,...

Excerpt: ...ssory fraud on the ground that it is barred by the three-year statute of limitations set forth in Civil Code Section 338, subdivision (d). The Court previously sustained Plaintiff's demurrer on this ground: “Plaintiff contends Defendants' fifth cause of action for promissory is barred by the three-year statute of limitations applicable to causes of action for fraud. Defendants counter that they are only asking for rescission in that cause of ac...

Excerpt: ... GRANTED. A. Request for Continuance In the memorandum of points and authorities supporting her opposition, Defendant contends that “discovery in this matter remains ongoing, with significant discovery items still outstanding,” that “numerous issues related to the allegations contained within the Cross-Complaint for property damage have yet to be fully explored or adjudicated,” and therefore “considering summary judgment at this point i...

Excerpt: ...TAINED WITH LEAVE TO AMEND. Code Civ. Proc. Sect. 430.10. The Demurrer is unopposed. See CRC 8.54(c) (“A failure to oppose a motion may be deemed a consent to the granting of the motion.”). Respondents' 10-28-22 Request for Judicial Notice is GRANTED as to Exhibits A-C. Evid. Code Sect. 452(c). Petitioner Nussbaum shall file and serve a Second Amended Petition for Writ on or before April 3, 2023. All asserted claims appear to be time-barred o...

Excerpt: ...n the amount of $17,086.48. On November 11, 2022, Plaintiff's assignee filed the renewal of judgment, which on December 20, 2022 was served by mail on Defendant. On January 24, 2023, Defendant filed a motion to vacate the renewal of judgment. While Defendant admits to receiving notice of the lawsuit in 2011, he states under penalty of perjury that he was never personally served with the summons and complaint in the action and that he was at work ...

Excerpt: ...of Peide An and Xiao Chen Liu is DENIED. 1. Section 1008(b) Is Inapplicable. IMUSIC asserts Code of Civ. Proc. section 1008(b) as the basis for this motion. (Notice of Motion at 2:7-8.) Section 1008, subdivision (b), however, pertains only to renewed motions. The present motion is not a renewed motion. The previous proceeding was Liu's and An's demurrer and the order sustaining demurrer. Since the present motion is not a renewal of any motion bro...

Excerpt: ...re exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. The clerk of the court is hereby ordered to seal the following doc...

Excerpt: ...ary Judgment (MSJ), filed 12-8-22, is DENIED. (Code Civ. Proc. Sect. 437c). Continental's alternative Motion for Summary Adjudication (MSA) is GRANTED-IN-PART and DENIED-IN-PART, as set forth below. Preliminary comment regarding filed evidence. Both parties have submitted a large volume of documents/evidence, much of which is not cited with particularity (i.e., by page and line number) in the parties' papers. Much of the evidence is not reference...

Excerpt: ...ct Their Home is GRANTED. Any inspection by Defendants or Cross-defendant of the property located at 515 Summit Springs Road in Woodside, San Mateo County, California will be limited to exclude any inspection of the interior of the residential structure located on the property. Upon the motion of any person and a showing of good cause, a court is authorized to enter an order requiring an “inspection…be made only on specified terms and conditi...

Excerpt: ...layman's terms, the ‘barriers' that denied him full and equal access.” MPA, p.8. The Court agrees with Defendant. Plaintiff alleges that he “observed or encountered the following non-compliant conditions: There was not enough knee or toe clearance under the outdoor dining surfaces,” in violation of ADA Standard for Accessible Design, § 306. Complaint, ¶ 11. Plaintiff's assertion that he “observed or encountered” the condition, howev...

Excerpt: ...Cross-Complaint fail because Cross-Complainant admits that Plaintiff Juan Cid (“Plaintiff”) was Cross-Defendant's employee. (See Cross-Defendant's Request for Judicial Notice, Exh. A, Cross-Complainant's Case Management Conference Statement.) However, while the Court may take judicial notice of court records and GRANTS Cross-Defendant's request as to Exhibits A-C, it may not take judicial notice of the truth of the matters asserted in Cross-C...

Excerpt: ...quest for Production of Documents, Set Two (Motion) is GRANTED. Plaintiff's request for monetary sanctions is GRANTED IN PART and DENIED IN PART. As a threshold matter, the Court notes that Defendant filed his opposition on February 10, less than 9 court days before the hearing date in violation of Code of Civil Procedure section 1005, subdivision (b) and rule 3.1300, subdivision (a) of the California Rules of Court. But even upon considering Def...

Excerpt: ...e the prevailing party on their anti-SLAPP motion and are therefore entitled to recover their attorney's fees and costs. Under Code of Civil Procedure section 425.16, subdivision (c)(1),” a prevailing defendant on a special motion to strike shall be entitled to recover that defendant's attorney's fees and costs.” “Given the express legislative preference for awarding fees to successful anti-SLAPP defendants, a party need not succeed in stri...

Excerpt: ...order. Defendant's Motion to Strike is DENIED. Defendant's Request for Judicial Notice is GRANTED with respect to the items numbered 1–7, 10, and 13–16 and DENIED with respect to the items numbered 8–9 and 11–12. I. DEMURRER As a preliminary matter, Defendant's Demurrer addresses both the “Objection to Demurrer Motion [¶] Amended Complaint” (Objection) and “Amended Complaint and Petition for Protection under the American Disabiliti...

Excerpt: ... for Production Nos. 3 and 7 seek information relating to financial statements and financial reports from Philemon Investments during the period from 2015 to 2020. According to Defendants, “[Plaintiff's] restaurant was struggling financially and would have closed regardless of any failed purchase deal with third parties. The information sought in the Requests at issue here are clearly relevant to disprove an element of Plaintiffs' case . . . .�...

Excerpt: ...he date and nature of the acts and pleadings, but not necessarily for the truth of facts asserted within the documents. Julian Volunteer Fire Co. Assn. v. JulianCuyamaca Fire Protection Dist. (2021) 62 Cal.App.5th 583, 600, review denied (June 30, 2021); Williams v. Wraxall (1995) 33 Cal.App.4th 120, 130, n. 7. The Court, as the parties point out, has already ruled on many of these issues. Now that evidence has been presented through Phase 1 of t...

Excerpt: ...ourt sets out the tentative provided for the February 14, 2023 hearing: The parties are to APPEAR (Zoom appearances are allowed) on Defendant/Cross-Defendant Broadway by the Bay's (“Broadway”) Motion for Determination of Good Faith Settlement. The Court's tentative, in evaluating the policies under Code of Civil Procedure §877.6 and Tech-Bilt Inc., v. Woodward-Clyde & Assoc. (1985) 38 Cal. 3d. 488, 499 is to continue the motion to allow disc...

Excerpt: ...and confer in person or by telephone due to delays caused by injuries to Plaintiff's counsel. The Court, in its discretion, has opted to reach the merits of the Demurrer. Basis for Defense on Face of Pleading Defendant argues that Plaintiff's statements in Plaintiff's March 2, 2021 letter, attached as Exh. B to the First Amended Complaint, that his Senior Inspector position was temporary, create a bar to recovery because they contradict the alleg...

Excerpt: ...aint, filed by Cross-defendants U.S. Bank and Viva Capital 3, is sustained with leave to amend. For purposes the statute of limitations, California law applies. The applicable statute of limitations is one year. A. Statute of Limitations 1. The Court Should Apply the California Statute of Limitations. In general, whether a claim is barred by a statute of limitations “is a procedural matter governed by the law of the forum, regardless of where t...

Excerpt: ...o strike, the allegations in the complaint are considered in context and presumed to be true: ‘(J)udges read allegations of a pleading subject to a motion to strike as a whole, all parts in their context, and assume their truth.' ” (Weil & Brown, supra, at § 7:197.5, quoting Clauson v. Superior Court (Pedus Services, Inc.) (1998) 67 Cal.App.4th 1253, 1255.) Accordingly, a motion to strike “will be granted only if it is clear that the matte...

Excerpt: ...laint and the reasonable inferences that may be drawn from those facts.” (Miklosy v. Regents of the University of Cal. (2008) 44 Cal.4th 876, 883.) The Court may “also consider matters that may be judicially noticed . . . .” (Brown v. Deutsche Bank Natl. Trust Co. (2016) 247 Cal.App.4th 275, 279.) The Court does “not, however, assume the truth of contentions, deductions or conclusions of law.” (Guerrero v. Pacific Gas & Electric Co. (20...

Excerpt: ... Procedure § 387(d)(2) provides: “The court may, upon timely application, permit a nonparty to intervene in the action or proceeding if the person has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both.” Plaintiff acknowledges that Claimant is seeking to intervene. See Memorandum filed January 24, 2023 at 6. Likewise, Defendant understands that “if I make this claim of possessio...

Excerpt: ... raised in trial courts throughout California as a result of the United States Supreme Court' s decision in by Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906 (“Viking River Cruises”).) There are cases winding their way through the California appellate courts on this issue. Based upon the ruling in Viking River Cruises and applicable California law, the Court GRANTS Defendant's motion to compel arbitration of Plaintiff Luz Saavedr...

Excerpt: ...88, 499 is to continue the motion to allow discovery as to Broadway's financial condition and its insurance coverage. See City of Grand Terrace v. Sup.Ct. (1987) 192 Cal.App.3d 1251, 1265. The parties shall meet-and-confer prior to the hearing to discuss the timing and scope of that discovery. The evidence demonstrates that liability is disputed and there is evidence where a fact finder could find Broadway the primary tortfeasor as well as eviden...

Excerpt: ...iv. Proc. Sect. 430.10(e)), that the Complaint is “uncertain” (Sect. 430.10(f)), and that this case should be “abated” pending resolution of an earlier-filed civil case involving these same parties (Sect. 430.10(c)). The Court disagrees. The Complaint sufficiently states a cause of action for unlawful detainer (UD). Civ. Code Sect. 1161(1). It alleges that Defendants Broers and Olabi entered into lease agreements for the Premises, that th...

Excerpt: ... its discretion to still consider it since there does not appear to be any prejudice to the County since it filed a substantive reply. It appears that the opposition was late because Plaintiff did not realize that Monday, February 13, 2023 is a court holiday, a mistake that many people make. The Demurrer is OVERRULED based on failure to allege facts sufficient to support the claim for dangerous condition of public property. “A public entity had...

Excerpt: ...n Rogue (“vehicle”) that came with express warranties by Defendant. (See Defendant's Request for Judicial Notice, Exh. 1.) Plaintiff filed this action on September 7, 2021 claiming that the vehicle was delivered with serious defects and nonconformities to warranty, and that Defendant was unable to repair it and also failed to promptly replace the vehicle or make restitution. (Ibid.) The Complaint alleges three causes of action for violations ...

Excerpt: ...native Motion for Summary Adjudication is also DENIED as to each of the five issues set forth in Woodland's 11-10-22 Notice of Motion. In denying this Motion, the Court offers no opinion as to the ultimate merit of the two claims (negligence and breach of warranty) asserted against Woodland. The Court merely finds, based on the evidence presented here, that these two claims cannot be resolved via summary judgment/adjudication. Legal standard on s...

Excerpt: ...on, and $4,108.43 in costs for a total of $53,675.43 pursuant to Cal. Civil Code § 1794(d) and the parties' settlement agreement. Plaintiff's Request for Judicial Notice is GRANTED pursuant to Cal. Evidence Code §452(d). Defendant's Opposition was due to be filed by January 30, 2023, nine court days prior to the hearing on this Motion. The Opposition was untimely filed on January 31, 2023. The Court, in its discretion, has considered the late-f...