Excerpt: ... (“Envirobuilt”). Gray now moves pursuant to CCP §§386.5 and 386.6 to deposit the sum of the bond with the Court, to be discharged from further liability for the sum, to be dismissed from the action, and for its fees and costs. Gray's motion is hereby GRANTED with modiÞcations to the requested costs and attorneys' fees set forth herein. “Where the only relief sought against one of the defendants is the payment of a stated amount of money...

Excerpt: ...member Deborah Q. Ruddock by Deendants and Crosscomplainants Thomas J. Gearing and Daniel K. Gearing (collectively, the “Gearings”) on August 31, 2023. For the reasons set orth below, the motion to quash is granted. A. Deposition Not Warranted Code o Civil Procedure section 1987.1 permits a party to move or an order quashing a subpoena and authorizes the Court to enter appropriate protective orders. (Code o Civ. Proc., § 1987.1 subds. (...

Excerpt: ...h legal duty; and (3) the breach of such duty was the proximate or legal cause of plainti
¯s resulting injury. (Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917.) Defendant moves for summary judgment on the ground that no duty of care existed to Plainti
¯. The Complaint alleges that Defendant had a special relationship with Defendant James Edward Nell Jr. (“Jimmy”) as his son, and as a result owed a duty to control his son against an...

Excerpt: ...ard at Floribunda. Defendant Justin McSharry is alleged to be the President of the board, while plainti
¯ appears to be a candidate for board election. Plainti
¯ Timothy Conway alleges that McSharry defamed him in an email letter that was sent to the Floribunda Community. The email, attached to the Complaint as Exhibit A , describes a history of nuisance and harassment by plainti
¯ and another resident of his condo unit, including harassing an...

Excerpt: ...Floribunda. Plainti
¯ Timothy Conway appears to be a candidate for board election. Plainti
¯ alleges that defendant Nirav Shah participated in disseminating an email letter which allegedly defamed Plainti
¯, and also provided the allegedly defamatory statements at issue to the writer of the letter. The email, attached to the Complaint as Exhibit A, describes a history of nuisance and harassment by plainti
¯ and another resident of his condo u...

Excerpt: ...al. Rules of Court, rule 3.1320(g); Code Civ. Proc., § 472b.) Initially, the Court notes that plainti
¯ has provided an incorrect address for the hearing. Department 28 is not located in Redwood City as the notice states, but instead is 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].) A. Legal Standard on Demur...

Excerpt: ...d September 28, 2023. Plainti
¯ was on the stand for about a day. On November 17, 2023, the court issued a Tentative Decision and Proposed Statement of Decision Þnding in favor of defendant and against plainti
¯ on her a
¯irmative claims and denying defendant restitution based on unjust enrichment on his a
¯irmative claim. The court did not believe that oral argument was necessary and no party requested oral argument. On November 30, 2023, t...

Excerpt: ...issuing a comprehensive tentative ruling held a hearing on plainti
¯s/petitioners' motion for attorneys' fees pursuant to Code of Civil Procedure section 1021.5, which the court granted in part. The court deleted some fees, reduced the hourly fees for some work, and allocated certain fees between the parties. After the hearing, the parties were to meet and confer on these issues and plainti
¯s were to submit to the court a proposed order showin...

Excerpt: ...epresenting him in this action—he is representing himself. Pursuant to the law, it is improper for a non-attorney to represent another in litigation. (Bus. & Prof. Code, § 6125 [“No person shall practice law in California unless the person is an active licensee of the State Bar.”]; Birbrower, Montalbano, Condon & Frank v. Superior Court (1998) 17 Cal.4th 119, 128-130 [interpreting section 6125 regarding the practice of law in California]; ...

Excerpt: ...t appear on the face of the pleading under attack, or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) (2) Defendants Demurrer to the Complaint is OVERRULED based on failure to allege facts su
¯icient to support an unlawful detainer action. A demurrer may be brought on the ground that “[t]he pleading does not state facts su
¯icient to constitute a cause of action.” (Code Civ. Pr...

Excerpt: ...mplaint review and analysis document, which is the subject of this motion, on or about June 14, 2014. Devyatov Decl., paragraph 13. That document was discussed between Draegen and Defendant Groeneweg at a June 28, 2019 web conference, wherein Groeneweg obtained a copy of the document. Ibid., at paragraph 14. Draegen argues that the document is protected by attorney-client privilege. Attorney- client privilege is governed by Cal. Evidence Code Sec...

Excerpt: ... Sect. 452(d).) The Court declines to rule on Plainti
¯s' 1-29-24 Objection to Evidence on grounds that it is immaterial to disposition of the motion. (Code Civ. Proc. Sect. 437c(q).) LEGAL STANDARD. A motion for summary judgment or adjudication 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 pl...

Excerpt: ...in 2020. Defendant VintaBio, Inc. (“Defendant” or “VintaBio”) now moves to compel arbitration pursuant to section 10 of the agreement, “Dispute Resolution.” (Li Decl. Ex. A, section 10.) Plainti
¯ opposes, arguing that the arbitration provision is unconscionable and should not be enforced. The arbitration provision states, in relevant part, that “[i]n the event the parties hereto are unable to settle a dispute between them regardin...

Excerpt: ...onetary Sanctions is GRANTED. Deendant Tesla Energy Operations, Inc. shall designate and produce a person or persons most qualiÞed to testiy as to the twenty-our categories listed in Plainti
¯s Brad Jones' and Maria Jones' Notice o Entity Deposition No. 3 or deposition and produce the documents requested therein no later than February 23, 2024, or a later date mutually agreed upon by the parties in writing. Deendant Tesla Energy Operation...

Excerpt: ... states, on the caption page, that the Feb. 2 hearing on this Motion to Strike will take place in Dept. 21 at 9 a.m., whereas the body of the Notice (the next page) states that the Feb. 2 hearing will take place in Dept. 24 at 2 p.m. Thus, the Notice provides incorrect information. The hearing is 2.2.24 @ 9:00 a.m. in D24. Defendants' 1.26.24 “Opposition to the Declaration of Christine Tour Sarkissian,” in which Defendants ask the Court to st...

Excerpt: ... (“CPQ”) and Cross-complainant David Espie's Motion to Compel Cross- defendant The Chugh Firm, PC's (hereafter “Chugh”) Further Responses to Requests for Admission, Set Two, and for Monetary Sanctions is GRANTED in part and DENIED in part. Cross-defendant Chugh shall serve code-compliant further responses to requests nos. 2021, 28–30, 37, 59–82, 84– 87, and 90–99 no later than February 16, 2024. Upon receipt of responses to reques...

Excerpt: ...el, noting that Plainti
¯'s objections and arguments were meritless, appeared to have been made in bad faith, and were unreasonable. The Court ordered Plainti
¯ to supplement his responses to certain special interrogatories, and also ordered that Plainti
¯ pay $2,000 in monetary sanctions to Defendant within twenty days of its Order. (Order Re: Motion to Compel, signed September 14, 2023.) Defendant now moves for evidentiary and monetary sanct...

Excerpt: ...pentry construction work. Plainti
¯ alleges that he was on top of a sca
¯old built by Defendant Bay Area High Reach, Inc. (“High Reach”) when it collapsed, including two guardrails, and Plainti
¯ fell from a height to the ground, resulting in severe injuries. Defendant FM now moves for summary judgment under CCP § 437c, or in the alternative, summary adjudication, against Plainti
¯. Plainti
¯ and Defendant High Reach both oppose the mot...

Excerpt: ... partition action may recover expenses incurred for the “common beneÞt” of the parties and property. (Code of Civ. Proc. § 874.010.) In partition actions, “common beneÞt” is deÞned as “the proper distribution of the respective shares and interests” in the property “by the ultimate judgment of the court.” (Orien v. Lutz (2017) 16 Cal.App.5th 957, 967–68.) B. Attorney's Fees The Court allows recover of attorney's fees in the a...

Excerpt: ...nt alleges that on February 22, 2023, Plainti
¯ entered into an agreement with Defendants for burial Services for Decedent. Complaint, paragraph 8, Exh. 2. Thereafter, the Complaint alleges that three of Decedent's adult children signed a declaration for cremation authorization, and an agreement for memorial services scheduled for March 2, 2023. Complaint, paragraph 9-10, Exh. 3. It also alleges at paragraph 17 that Defendants failed to fulÞll ...

Excerpt: ...on the Complaint. The parties do not dispute that the Complaint's causes of action for negligence and premises liability are based on upon the same facts and governed by the same legal standards in this case, where a dangerous condition of property is alleged to have cause injury. Nor do they dispute that the Complaint's third cause of action for negligent inßiction of emotional distress depends upon the Þrst two such that all rise and fall tog...

Excerpt: ...fendants' counsel, Martin GlickÞeld, submitted a declaration in support of defendant's demurrer to the FAC, which included a copy of the “Jones Family 2021 Global Settlement Agreement and Mutual Release” (“Settlement Agreement”). (Declaration of Martin Glickfeld, Nov. 21, 2023 [GlickÞeld Decl.] Exh. A; MPA iso Demurrer, at p. 4.) The FAC alleges breach of the parties' 2021 Settlement Agreement, and thus, it is appropriate to take judici...

Excerpt: ...vil Procedure, section 430.10, subdivision (f). Cross-defendants SnippetSentry and Edward “Eddie” Green's demurrer to the second cause of action in the Cross Complaint for Failure to Pay Wages on the ground that the claim is uncertain is SUSTAINED WITH LEAVE TO AMEND pursuant to Code of Civil Procedure, section 430.10, subdivision (f). Cross-defendant SnippetSentry's demurrer to the third cause of action in the Cross-Complaint for Common Coun...

Excerpt: ...reof pursuant to Code of Civil Procedure section 435, subsection (b)(1). Such a motion may be made to strike out any irrelevant, false, or improper matter inserted in any pleading, or to strike out all or any part of any pleading not drawn or Þled in conformity with the laws of this state, a court rule, or an order of the court. (Code Civ. Proc., §436.) For an allegation of punitive damages to survive a motion to strike, the pleading must alleg...

Excerpt: ... Class Action and PAGA Settlement provided the parties address the court's ollowing concerns. The Response Deadline shall be 60- days rom initial mailing or re-mailing and opt out, dispute over workweek calculations, or objections shall be postmarked by this deadline. The proposed Settlement Administrator, Phoenix Settlement Administrators, shall Þle a declaration o its qualiÞcations to administer the settlement. The parties shall select a ...