Excerpt: ...a preference to a petitioning party over age 70 when it finds that (1) the party has a substantial interest in the action as a whole and (2) the health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. A motion for preference need only be supported by an affidavit "signed by the attorney for the party seeking preference based upon information and belief as to the medical diagnosis a...

Excerpt: ...s GRANTED in part and DENIED in part as set forth below. Defendant West Bay Sanitary District's Request for Judicial Notice is GRANTED as to all items. Defendant West Bay Sanitary District's Objections to the Declaration of Richard Li are OVERRULED as to all items. Defendant West Bay Sanitary District ("WBSD") moves here for summary adjudication of the second through fifth causes of action as set forth in the Second Amended Complaint (the "SAC")....

Excerpt: ...NISTRATIVE SERVICES LLC for residents at BURLINGAME HEALTH CARE CENTER during the time period that Ms. CYNTHIA JENNINGS was a resident at BURLINGAME HEALTH CARE CENTER. No. 22: All "review tool" manuals from which ROCKPORT ADMINISTRATIVE SERVICES LLC will any e-mail "load files" in response to the discovery requests in this First Set of Requests for Production. As part of the meet and confer process, Plaintiffs stated that they were amenable to t...

Excerpt: ...d Telios. Plaintiff's Complaint does not provide details on the relationship between her and Telios, but merely lumps Kartos and Telios together at the beginning of the Complaint as Defendants or collectively, "the Company." Plaintiff's Complaint does not allege that she entered into a contract of any kind with Telios, and the attached offer letter is only on behalf of Kartos and signed by Kartos offcers. In regard to the demurrer of Kartos, alth...

Excerpt: ...ument requests on plaintiff. On August 26, 2022, she and on November 15, 2022, she filed amended response. Efforts at informal resolution between the parties, but without an Informal Discovery Conference, failed necessitating this motion, which was filed on January 31, 2023. The motion is untimely because it was not brought within 45 days of the services of the verified amended responses. "Unless notice of this motion is given within 45 days of t...

Excerpt: ...led a declaration pursuant to Code of Civil Prmædure section 439 attesting to a proper meet and confer prior to the filing of this Motion. In the Court's discretion, the Court has chosen to overlook this procedural defect in this instance. Defendant is cautioned and reminded, however, to strictly comply with all court rules and meet and confer requirements going forward. This case is related to Case No. 23ClV02234, captioned PNC Bank N.A. v. Yin...

Excerpt: ...lists the incorrect address for the Court. (Sep. 13, 2023 Notice of Demurrer, p. 2.) The address for Department 4 is 800 North Humboldt Street, San Mateo, California 94401. The First Amended Complaint (the "FAC") asserts ten causes of action against Fidel and Guadalupe regarding a dispute over ownership to a mobile home situated at Space 11 of 250 San Mateo Road in Half Moon Bay (the "Property"). Fidel and Guadalupe here demur to each of these ca...

Excerpt: ...econd, and Eighth Causes of Action, arguing that they do not sufficiently state a cause of action. The Court finds that these three claims are adequately pled at the pleading stage, for the reasons stated below. Legal standard. A demurrer is used to challenge defects that appear on the face of the pleading, or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer assumes all fact...

Excerpt: ...z, Rebecca Yuhasz, Chase Yuhasz and Max Yuhasz (collectively "Plaintiffs") is OVERRULED. The FAC alleges a single cause of action for Declaratory Relief. Plaintiffs allege that an actual controversy exists between Plaintiffs and Defendants regarding the amount of attorneys' fees and costs, if any, to which Defendants are entitled to Plaintiffs' recovery from the Fire Victim Trust. (FAC 33.) Defendants claim they are entitled to the entire contrac...

Excerpt: ...he ground of fraud or mistake. Cal. Code of Civil Procedure Section 338(d). Plaintiff's cause of action for fraud is based on events that took place from July to September of 2017. Complaint, 99, 16. This action was filed more than three years later, on September 20, 2021. This cause of action is therefore time-barred on the face of the Complaint, and the Demurrer is SUSTAINED on this basis. Defendant additionally argues that the Complaint fails ...

Excerpt: ... DENIED without prejudice. A motion for an order compelling further responses to interrogatories must file a meet and confer declaration that states "facts showing a reasonable and faith attempt at an informal resolution of each issue presented by the motion." of Civ. Proc., S 2015.010; see id., at S 2030.300, subd. he purpose of these statutory requirements is to make civil discovery self-executing, without the need for judicial intervention. (T...

Excerpt: ...nt"). Plaintiff Jose David Sanchez, a former employee of Defendant, initially brought a complaint to the Labor Commissioner. The Labor Commissioner is empowered to hold administrative "Berman" hearings to provide an ex#ditious and less costly means to adjudicate wage claims. (Lolley v. Campbell (2CM) 28 Cal.4th 367, 372-373.) The parties settled the claim and agreed that Defendant would pay Plaintiff (via the Labor Commissioner) settlement sums a...

Excerpt: ...Against Defendant Vital Restoration and Counsel," filed Aug. 8, 2023, is GRANTED-IN-PART and DENIED-IN-PART, as set forth below. Plaintiff's Aug. 8, 2023 Request for Judicial Notice is GRANTED. (Evid. Code Sect. 452(d).) All objections are waived; the right to respond to Interrogatories by producing documents is also waived. As set forth in the supporting Klapperich declarations and attached exhibits, Defendant failed to serve timely responses to...

Excerpt: ...tatus (eighth), disability (ninth), and 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 environment." (MPA, p.l.) According to Defendant, "In the absence of any after three opportunities to save her claims...

Excerpt: ...n in propria persona. CCP S 391.7(a). In support of his demurrer, Defendant attaches to a declaration the following: a copy of the vexatous litigants list which includes an entry for "Leslie Fields" with no middle initial, an excerpt from the docket from a San Bernardino County case, Madrigal v. Fields, Case No. SCVSS 111685 ("the San Bernardino County case") which contains a notation for "Prefiling Order — Vexatious Litigant" on January 9, 201...

Excerpt: ...ta Platforms, Inc. shall produce the records identified in the subpoena no later than fifteen (15) days after service of written notice of the formal order. Petitioner Daniel Golenda here seeks to enforce a domesticated subpoena duces tecum served on Respondent Meta Platforms, Inc. ("Meta") on June 29, 2023. The subpoena asks for business records circumscribed to those that may be used to identify the anonymous defendant of a pending acton filed ...

Excerpt: ...imple collection case seeking an unpaid portion of a loan for approximately $11,Cü3. Plaintiff seeks $5,495.65 in costs follow-ng entry of judgment in their favor. Defendant seeks to tax $4,648.15 in costs. These costs solely pertain to two writs of attachment—an original writ and an amended writ—which Plaintiff sought following Defendant's request of a trial de novo. A prevailing party is entitled to certain costs as a matter of right. CAL....

Excerpt: ... this Defendant, on a case that has been pending for years, and after discovery concluded, and after motions for summary judgment were heard. No gtnd cause is given for the delay. Further, the affirmative defense fails to state a viable defense, as it is evident from the motion that the Floating Home Residential Law does not apply to Docktown Marina. Defendant asserts that evidence has been obtained showing that 8 slips at Docktown Marina had sho...

Excerpt: ...ut by CCP S 386 and relevant caselaw. As an initial matter, this motion lacks a proof of service as required by California Rules of Court Rule 3.1300(a), and therefore there is no indication that any party to this action received requisite notice. The Court previously noted this omission when denying Plaintiff's previous motion to distribute interpleader funds. A proof of service is a basic requirement of any motion, and Plaintiff's moton can be ...

Excerpt: ...njunctive relief, and the sixth cause of action for declaratory relief. Defendant's Demurrer to the Complaint as to the third cause of action for an accounting is SUSTAINED WITH LEAVE TO AMEND. An action for accounting lies when the complainant sues for recovery of an unascertained amount that cannot be determined without an accounting. (St. James Church v. Superior Court (1955) 135 Cal.App.2d 352, 259.) The third cause of action is based on the ...

Excerpt: ...plaintiffs' counsel represents the plaintiffs in both cases and it appears that all defendants who have been served, appeared and not dismissed received notice of this motion. If true, the court finds that the failure to file the notice in both cases has caused no prejudice and the procedural defect will be overlooked by the court. Plaintiff is to file by 11: a.m. on October 10, 2023 and email Department 4 and all the parties, a list of all parti...

Excerpt: ...tte Sun Group, LLC's and Evan Haskell's Demurrer to Plaintiff TGA Franklin F299 LLC's First Amended complaint is SUSTAINED WITH LEAVE TO AMEND as discussed below. Plaintiff TGA Franklin F299 LLC is to file a Third Amended Complaint no later than ten (10) days after service of written notice of the Court's ruling. PlaintiffTGA Franklin F299 LLC's Request for Judicial Notce is DENIED as irrelevant. (Licudine v. Cedars-Sinai Medical Center (2016) 3 ...

Excerpt: ...trict high school. (See San Mateo Union High School District v. Educational Testing services (N.D. cal., Aug. 30, 2013, No. C 13-3660 saA) 2013 WL 4711611.) For the reasons stated below the court DENIES defendant San Mateo Union High School District's (District) Motion for Judgment on the Pleadings, filed Aug. 18, 2023, directed to Plaintiff's November 8, 2022 Second Amended Complaint (SAC). The court grants defendant's request for judicial Notic...

Excerpt: ... threshold matter, the Court finds that the Complaint is the operative pleading. The Complaint alleges one cause of action for motor vehicle negligence against Defendant Brayan Florian Perez ("Defendant"). On November 4, 2020, the Court granted Plaintiff leave to file a First Amended Complaint to add a punitive damages claim against Defendant. (See November 4, 2020 Minute Order.) The Court also denied without prejudice Plaintiff's Motion for Leav...

Excerpt: ...ved quickly based upon plaintiffs' representations. The oneyear rental seemed reasonable at the time to balance the parties' rights. Two years later, the case is still not at issue. The same reasons that the court granted Lei's original right to lease the property support the continuaton of this modification. The court denies both parties' request for sanctions. Plaintiffs have always taken the position that the court should not have granted the ...

Excerpt: ...tements made in plaintiffs' opposition at page 7 as there is no citation to the any evidence; therefore the court finds that Defendant's Objections to Evidence are moot. On July 17, 2023, plaintiffs filed their complaint and on July 27, 2023 served defendant Manal Elghandour. On August 29, 2023, plaintiffs requested entry of default against this defendant. On September 5, 2023, defendant moved for relief from default. The court in exercising its ...

Excerpt: ...is no real prejudice based upon the late filing and based upon plaintiff's explanation, the court has considered the opposition. Defendant has filed a motion to unseal. No specific documents are identified.. Thus, the court assumes that defendant seeks to unseal all documents in the court file which have been sealed. On June 7, 2023, the court heard a motion to modify the protective order, which raised similar issues to the issues raised here. Th...

Excerpt: ...closure of otherwise protected personnel and other files of police officers, if certain statutory provisions are satisfied. California Evidence Code secton 1043 et seq. govern such motons and provide the only mechanism for obtaining, in either criminal or civil proceedings, material made confidential by Penal Code section 832.5. Section 1043, subdivision (b) requires that the motion include: (1) identification of the proceeding, the party seeking...

Excerpt: ...Mayer communicated with his attorney concerning Plaintiff Mayer's expert testimony. Any privilege that existed between Plaintiff Mayer and his attorney as to communications regarding expert testimony was waived when Plaintiff Mayer testified as an expert at his deposition. Plaintiff has already agreed to produce such documents but stated that none exist. (Mayer Deposition, attached as Exhibit G to Moving Declaration of Varnica.) The motion is DEN...

Excerpt: ...the Court sustained Defendant's Demurrer to Plaintiffs Third Amended Complaint, in part, with respect to the second, third, fourth, fifth, and sixth causes of acton therein, without leave to amend at that time because leave to allege those causes of action was not within the scope of the leave to amend permitted by the Court's December 9, 2022 Order. The denial of leave to amend on July 10, 2023 was issued without prejudice to granting leave to a...

Excerpt: ...ich are directed to the FAC'S Third Cause of Acton, which asserts a claim for "foreclosure of mechanic's lien." As explained below, the Court finds that these arguments are not grounds for a demurrer. Defendant Rose's unopposed Request for Judicial Notice, filed 4-25-23, is GRANTED as to Ex. 1 (Evid. Code Sect. 452(d)), and GRANTED as to Ex. 2. (Evid. Code Sect. 452(h).) As to the USPS website page, the Court takes judicial notice of the contents...

Excerpt: ...to comply with California Rules of Court and Local Rules of Court regarding electronically filed documents. Specifically, exhibits must be bookmarked. (CRC Rule 3.1110(f)(4) ["electronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit" l; San Mateo County Superior Court Local Rule 3.3 [same].) "Rules of Cour...

Excerpt: ...42 U.S.C. 1983 Monell Liability for False Arrest in Plaintiff Chris Tagunicar's ("Plaintiff") Amended Complaint is ruled on as follows: (1) Plaintiff claims in opposition that his attorney has abandoned him and that he does not have a paid subscription for legal doctrines that he can use to support his opposition. (Plaintiff's Opposition, p.l.) However, at all times in this action, Plaintiff has represented himself in propria persona. Furthermore...

Excerpt: ... Memorandum of Costs and a motion to tax costs is pending hearing. This is a simple collection case seeking an unpaid portion of a loan for approximately $11,000. By this motion, Plaintiff seeks a staggering award of $63,223.50 in attorneys' fees. Plaintiff's counsel billed 118.90 hours for a lodestar of $56, 673.50, plus seeks an additional 10 hours for this fee motion. Although pursuant to contract and Civil Code section 1717, Plaintiff as prev...

Excerpt: ...UT LEAVE TO AMEND, on the basis that all claims are time-barred. All other grounds for Demurrer are thus MOOT. Respondents' 8-21-23 Request for Judicial Notice is GRANTED. In 2020, Petitioner Thomas Nussbaum filed a Petton for Writ against these same Respondents in the Alameda County Superior Court, challenging Respondents' calculation of his deceased mother's (Evelyn Clayton Nussbaum's) Medi-Cal benefits/eligibility. In April 2021, the Alameda C...

Excerpt: ...rez demurrer is made on the grounds of uncertainty. (See Code of Civ. Proc., S 430.10, subd. (f).) The sole basis for the claimed uncertainty in the Complaint is a discrepancy between the amount of rent due stated in the notice to pay or quit— attached to the Complaint as exhibit a—and another notice purportedly served on Miranda and Perez three days earlier. (See Aug. 17, 2023 Complaint, exh. B; Aug. 29, 2023 Memorandum of Points & Authoriti...

Excerpt: ...class members of "all persons who had background checks performed in connection with an application for employment with Defendant The Salvation Army between November 2, 2018 and May 17, 2021," with certain exceptions, and propose as part of the administration the "posting of a one- page summary of the Settlement Notice in a public location in each of its thrift stores." (Setareh Dec., Ex. 1, 12, 42(d) ("Settlement Agreement").) The class appears ...

Excerpt: ...skovitz in Support of Plaintiff Steven Herskovitz's Opposition to Motion for Summary Judgment or Summary Adjudication in the Alternative; Exhibits 12-14 of the Declaration of Jonathan Yank in Support of Plaintiff Steven Herskovitz's Opposition to Motion for Summary Judgment or Summary Adjudication in the Alternative; Paragraphs 8-12 and Exhibits 10 and 11 to the Declaration of Palmer Morrel-Samuels in Support of Plaintiff Steven Herskovitz's Oppo...

Excerpt: ...ddress. As another preliminary matter, the Court directs Counsel for both parties to comply with California Rules of Court and Local Rules of Court regarding electronically filed documents. Specifically, exhibits must be bookmarked. (Cal. Rules of Court, rule 3.1110(f)(4) ["electronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and brie...

Excerpt: ...THOUT LEAVE TO AMEND and OVERRULED IN PART. Defendants Marianne Onate and Emmanuel Onate shall file their answer(s) no later than ten (10) days after entry of this order. Defendants Marianne Onate's and Emmanuel Onate's Request for Judicial Notice is GRANTED. Plaintiffs Proud Thai Massage LLC's and Alexander Mayer's Request for Judicial Notice is GRANTED. The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND, with respect to the First through Eighth C...

Excerpt: ...eclaration in Defendant's demurrer filed March 24, 2023. However, because a failure to meet and confer is not grounds to sustain or overrule a demurrer, the Court proceeds to the merits of the motion. In this subrogation action, Plaintiff alleges that Defendant negligently provided professional plumbing services to Plaintiff's insured. The Complaint contains two causes of action: negligence and breach of implied warranty. Defendant demurs on vari...

Excerpt: ...LLC, PHIL STOKER, DIANE STOKER, SCOTT O'NEIL, AND DALE HUISH TENTATIVE RULING: For the reasons stated below, Defendants' Motion to Strike Punitve Damages, filed Aug. 25, 2023, which seeks to strike the punitive damages allegations in Plaintiffs' June 30, 2023 Second Amended Complaint (SAC), is DENIED. Code Civ. Proc. Sect. 435, 435. To be clear, the SAC asserts claims against a long list of defendants, generally referred to by the parties as the ...

Excerpt: ...ts tentative ruling granting the motion in part. (Jul. 7, 2023 Minute Order.) The Court ordered a sentence stricken from the Complain, as the sentence constituted an attempt to base a claim for injunctive relief on Stiles' and Johnsons' service of an eviction notice—which is protected activity. (Aug. 22, 2023 Order, pp. 3—4.) The remainder of the cause of action, comprising valid claims for injunctive relief based on non-protected activity, w...

Excerpt: ...all or may be taken." Under Aguilar v. Atlantic Richfield (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. Cal. Code of Civil Procedure Secton 1161a(b) provides in relevant part that a person who holds ...

Excerpt: ...s Mohon to Quash Service of Summons for Lack of Personal Jurisdiction is GRANTED. Plaintiff E.W.'s request for a continuance to conduct jurisdictional discovery is DENIED. Plaintiff E.W!s Requests for Judicial Notice is GRANTED. However, the Court notes that there are evidentiary issues with the documents. Since even if the Court accepts the truth of the matter in the documents, the Court denies the motion, the Court does not focus on the technic...

Excerpt: ... has not met its initial burden and proved by a preponderance of evidence that an arbitration agreement with class action waiver provision was entered into by the parties. (Knight, Cal. Prac. Guide: Alt. Disp. Res. (Rutter, Dec. 2022 Update) 5:320.) The Court finds Defendant has not demonstrated that Plaintiff agreed to arbitration because of inconsistencies in the documents and procedures for the onboarding process. Defendant uses "the online pl...

Excerpt: ...Grytsayenko ("Lyudmyla") and Yuriy Grytsayenko ("Yuriy") (also collectively "Plaintiffs") is DENIED for the reasons set forth below. The Complaint alleges claims for General Negligence and Premises Liability. (McCann Decl., Exh. A.) Plaintiffs claim that Lyudmyla was forced to walk toward metal cross-bracers that were a part of scaffolding with no padding or warning tape in place, and hit her head against the low-placed, unprotected metal cross-b...

Excerpt: ...eet, San Mateo, CA 94401. Zoom appearances are allowed. The Court overrules the demurrer filed by Defendant Maiden Stone, Inc. as to the first, sixth, and seventh causes of action. A. First Cause of Action (Breach of Express Warranty) Plaintiffs' express warranty claim is based on Exhibit 1, which is Maiden Stone's product detail sheet. On its face, Exhibit 1 is not a typical express warranty. Express warranties, however, can be created by "Any d...

Excerpt: ...on, and judgments—but cannot take judicial notice of the truth of hearsay statements in decisions or court files, including pleadings, affidavits, testimony, or statements of fact. (Williams v. Wraxall (1995) 33 Cal.App.4th 120, 130, n. 7. ) In this case, plaintiff sued defendant in federal court. The district court granted defendant's motion to dismiss (DCR Workforce, Inc. v. Coupa software Inc. (N.D. cal., Oct. 13, 2021, No. 21-CV06066-EMC) 2...

Excerpt: ...otion for Order to Release Plaintiff and Crossdefendant Mavericks Builders' Mechanics Lien and Expunge Lis Pendens is GRANTED for the reasons set forth below. Defendants, Cross-complainants, and Cross-defendants Ryan Atkins and Meghan Concra are ordered to prepare a formal order or orders that include the required specifications of the lien and lis pendens and release Plaintiff and Cross-defendant Mavericks Builders' claim of a mechanics lien and...