Excerpt: ...f the arbitration proceeding. (Code Civ. Proc. Sect. 1281.4.) Defendant Meta's former employee, Plainti
¯ Alina Hunanyan, opposes Meta's request for arbitration, arguing that the parties' Arbitration Agreement is unconscionable, mainly because it severely curtails (or prevents) her ability, in arbitration, to conduct pre-hearing, thirdparty discovery. For the reasons explained below, and without discounting Plainti
¯'s expressed concerns about ...

Excerpt: ...lso whether or not sanctions should be imposed at all. The Court thanks counsel for their thorough brieÞng and supplemental brieÞng of these matters. In its initial tentative issued before a hearing on December 4, 2023, this Court concluded that Defendant Martijn Groeneweg (“Groeneweg” or “Defendant”)'s Motion to Compel should be denied on grounds of procedural deÞciency, for a failure to meet and confer prior to Þling the motion. The...

Excerpt: ...A s a threshold matter, a demurrer can be used only to challenge defects that 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 n...

Excerpt: ...(Lazar v. Superior Court (1996) 12 Cal.4th 631, 638.) Plainti
¯ must plead facts showing how, when, where, to whom, and by what means the alleged representations were made. (Id. at 645.) The Complaint lacks these allegations. As against the First and Second Causes of Action, Defendant argues that paragraph 11 does not constitute actionable fraud. (Mov. P&A at 5:2-5.) The argument is misguided because the fraud claims are not based on Paragraph 1...

Excerpt: ...in part and SUSTAINED in part WITH LEAVE TO AMEND as set forth below. Plainti
¯s Dennis Johnson and Rose Johnson may Þle and serve a Third Amended Complaint no later than January 12, 2024. Aron Construction, Inc. and Navneet Aron (collectively “Aron Defendants”) here demur to the eighth through tenth causes of action in the Second Amended Complaint (the “SAC”). Defendant ADL 7, LLC (“ADL 7”) has joined in the demurrer. Because the a...

Excerpt: ...— first sentence alleging malice; • 947 — last sentence related to attorney fees; and • Prayer for punitive damages, p. 12, 93 CCP S 436 empowers the court to, upon moton or sua sponte, strike out any irrelevant, false, or improper matter inserted in any pleading, as well as all or any part of the pleading not drawn or filed in conformity with the law, rules of court, or an order of the court. On a motion to strike, the Court construes th...

Excerpt: ... Espie's Motion to Compel Cross-defendant The Chugh Firm, PC's (hereafter "Chugh") Further Responses and Document Production in Connecton with Request for Production of Documents, Set Three, and for Monetary Sanctions is GRANTED in part and DENIED in part. Cross-defendant Chugh shall serve code-compliant further responses as set forth herein no later than February 9, 2024. Upon receipt of responses to requests for production, the propounding part...

Excerpt: ...at least two choices to the Court's Clerk for the Court to choose from. In order to comply with CCP the demurring party shall file and serve with the demurrer a declaration stating either of the follovnng: (A) The means by which the demurring party met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer. (B) That the party who file...

Excerpt: ...n Mateo, WG Hillsdale SH LP, Atria Management Company LLC, Atria Senior Living, Inc., Jennifer Duenas and Kris Waluszko ("Defendants"). Defendants filed a Notice of Appeal of the order and Notice of Stay pending Appeal. The stay was "automatic," resulting from filing the Notice of Appeal. (Code of Civ. Proc. S 916.) On January 1, 2024, amended Section 1294, subdivision (a) of the Code of Civil Procedure became effective. The amendment adds the fo...

Excerpt: ...Civ. Proc. Sect. 430.10(e).) Plaintiffs have not opposed the Demurrer on the merits, essentially conceding that it should be sustained. Plaintiffs' 1-11-23 Opposition to the Demurrer does not dispute the merits. Instead, the Opposition explains that during the parties' meet and confer process, Plaintiffs drafted a proposed Third Amended Complaint ("TAC") that Plaintiffs believe remedies/resolves the claimed deficiencies in the SAC's First and Fou...

Excerpt: ...t that location. Parties may appear by Zoom (see Department 28's website). Plaintiff's Motion for Summary Judgment is GRANTED pursuant to Code of Civil Procedure, section 437c. Defendant's objections to plaintiff's evidence are OVERRULED. The objections do not comply with the requirements of California Rules of Court, Rule 3.1354. The Court has nonetheless reviewed the objections in the body of Opposition, and they are overruled on the merits. Co...

Excerpt: ...3.) The sole remaining issues in the action are plaintiffs' claims for declaratory and injunctive relief. In the motion currently pending before the Court, defendant seeks to join her home insurance provider, CSAA Insurance Exchange ("CSAA"), as a party to the action under Code of Civil Procedure, section 379. Defendant contends that joinder is necessary because "[w]ithout adding CSAA as a party in this action, I cannot have an independent attorn...

Excerpt: ...nding The demurrer to the first through third causes of action for lack of standing is sustained. The first cause of action (negligent misrepresentation) alleges that Cross- defendant made false representations in order to avoid the protections afforded a mortgage loan borrower under Civil Code section 2923.5. (FACC 64.) The second cause of action (negligence) alleges that Crossdefendant violated the Truth in Lending Act, the Real Estate Settleme...

Excerpt: ...r to demonstrate that the arguments that defendants County of San Mateo, Child Protectve Services of San Mateo, and Children and Family Services of County of San Mateo's (collectively County) make apply to them. Defendant County's arguments regarding the Bane Act, however, apply equally to the Navarras. However, the court's own research shows that the Navarras are not in the same position as the County. (Health & Saf. Code, S 1527.6, subd. (d)(l)...

Excerpt: ...on for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired. The rules governing demurrers apply. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) The grounds for a motion for judgment on the pleadings must appear on the face of the challenged pleading and/or be based on facts the court may judicially notice. (Code Civ. Proc. sect. 438(d); Tung v. Chicago Title ...

Excerpt: .... Defendants urban Flat, LLC's and Evan Haskell's Request for Judicial Notice is DENIED as irrelevant. (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"].) A. Legal Standard on Demurrer On a demurrer, the Court must "assume the truth of the facts alleged in the com-plaint and the reasonable inferences that may be drawn from those facts."...

Excerpt: ...art, without leave to amend pursuant to Cal. Code of Civil Procedure Section 430. IO(e) as to the Second COA for Breach of Written Contract and Third COA for Breach of the Covenant of Good Faith and Fair Dealing, and OVERRULED, in part, as to the Tenth COA for Fraudulent Concealment, as follows. Second COA for Breach of Contract SUSTAINED WITHOUT LEAVE TO AMEND. Plaintiffs' allegations of breach of contract against the demurring Defendants hinge ...

Excerpt: ...orceable, a promise need only be "definite enough that a court can determine the scope of the and the limits of performance must be sufficiently defined to provide a rational basis for the assessment of damages." (Broome v. Regents of Univ. of California (2022) 80 Cal.App.5th 375, 389.) Plaintiff argues that alleged promise, on which the claim is based, is based on paragraphs 55 and 57 of the Second Amended Complaint. (Opp. P&A at 4:8-15.) Those ...

Excerpt: ... that Plaintiffs' real property in San Carlos was damaged due to flooding, allegedly caused and exacerbated by the actions of the collective Defendants including Grove. As to Grove, Plaintiffs allege that he engaged in "construction activty in the vicinity of Canyon Vista Avenue in late 2022 and continuing through the month of January 2023. Plaintiffs are informed and believe, and thereon allege that Grove blocked numerous storm drains operated b...

Excerpt: ...dd the conspiracy theory to any remaining independent tort causes of action to which it applies, but not to amend and reallege as a separate, stand-alone cause of action. As an initial matter, the Court simply notes that this cause of action is not asserted against Artichoke Joe's. It is asserted only against individual defendants Annie and Cody Sammut. Artichoke Joe's argues that because Artichoke Joe's is paying for Annie and Cody Sammut's defe...

Excerpt: ...thout leave to amend. While, as Plaintiff points out, California decisions are mixed on whether unjust enrichment can constitute an independent claim or is merely an equitable remedy, the majority of cases hold that "unjust enrichment" does not properly state a cause of action. (Sepanossian v. National Ready Mix Company, Inc. (2023) 97 Cal.App.5th 192; Durell v. Sharp Healthcare (2010) 183 Cal.App.4th 1350, 1370.) As Plaintiff notes, some decisio...

Excerpt: ...On January 1, 2024, amended Section 1294, subdivision (a) of the Code of Civil Procedure became effective. The amendment adds the following: "Notwithstanding Section 916, the perfecting of such an appeal shall not automatically stay any proceedings in the trial court during the pendency of the appeal." On the basis of the amended statute Plaintiffs move to lift the automatic stay. The basis of Defendant's Opposition is that "No part of [the Code ...

Excerpt: ...e Section 452(c). A demurrer to a cause of action for breach of the implied covenant of good faith and fair dealing may be sustained when "the allegations do not go beyond the statement of a mere contract breach and, relying on the same alleged acts, simply seek the same damages or other relief already claimed in a companion contract cause of action." Levy v. Only Cremations for Pets, Inc. (2020) 57 Cal.App.5th 203, 215. In ruling on the Demurrer...

Excerpt: ...greement, and none of the exceptions under Code of Civil Procedure, section 1281.2 exists. Plaintiff opposes the motion on the ground that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA, codified at 9 U.S.C. 402(a)), which amends the Federal Arbitration Act, permits victims of sexual assault or harassment to pursue claims in court even if they are bound by a predispute arbitration agreement. The EFAA does not appl...

Excerpt: ...nse), impracticability (Seventh Affirmative Defense), and frustration of purpose (Sixth Affirmative Defense). The motion is DENIED as to Civil Code, section 1511 (Fourth Affirmative Defense) and force majeure (Fifth Affirmative Defense). Additionally, the Court SUSTAINS defendant's first evidentiary objection, and GRANTS each party's request for judicial notice. The instant dispute arises from a lease for commercial tenancy entered into by the pa...