Excerpt: ...ED in part. On April 6, 2023, the Court ordered Defendant Omar A. Hernandez Sr. aka Omar Hernandez Lopez aka Omar Alberto Hernandez Sr. aka Alberto Lopez aka Omar Alberto Hernandez Lopez (“Hernandez”) to serve verified and objection -free responses to CAB's document requests and to special interrogatories, no later than April 28, 2023, or fourteen (14) days after the service of CAB's Notice of Ruling. This Court also ordered Hernandez to pay...

Excerpt: ...anctions (“Supplemental Sanctions Order”) and the [Supplemental] Order Granting City of Half Moon Bay's Motion to Quash the Deposition Notice and Subpoena of Deborah Q. Ruddock and for a Protective Order (“Supplemental Order re Motion to Quash”; together, “Proposed Orders ”). A. Reconsidering the Supplemental Order Granting City of Half Moon Bay's Motion to Compel Further Discovery Responses and For Sanctions The order entered by this...

Excerpt: ...hen no substantial e vidence and no reasonable inference therefrom support the jury's verdict. Hauter v. Zogarts (1975) 14 Cal.3d 104, 110. If the evidence viewed in the light most favorable to the party securing the verdict cannot support that verdict, then may a JNOV motion be granted. Ibid. In ruling on a JNOV motion, a court cannot weigh the evidence or judge the credibility of witnesses. Ibid. (citing Quintal v. Laurel Grove Hosp. (1964) 62 ...

Excerpt: ...rnatively Summary Adjudication Re: the First Amended Cross -complaint and Each of Its Causes of Action is GRANTED in part and DENIED in part as set forth below. Cross -defendants Thomas Del Sarto's, Rollen Steele's, and Angela Steele's Request for Judicial Notice is GRANTED as to all items. This landlord- tenant case arises out of the lease of commercial real property located at 1129 Old County Road in San Carlos (the “Premises”) by Plaintiff...

Excerpt: ...tled law that e ach party to a lawsuit must pay its own fees absent an applicable statute or an attorney fees provision in a valid contract. (Code Civ. Proc., § 1021; Amtower v. Photon Dynamics, Inc. (2008) 158 Cal.App.4th 1582, [as modified Feb. 15, 2008]; see also Royst er Construction Co. v. Urban West Communities (1995) 40 Cal.App.4th 1158, 1170 [“A contract which provides for the payment of ‘costs' alone does not usually include attorn...

Excerpt: ...April 25, 202 4. Sanctions as imposed below shall be paid no later than May 2, 2024. Plaintiff Jane Doe moves here to compel further responses and compel production with respect to three requests for production of documents nos. 10 and 13 –14 propounded to Defendant Gold en Gate Bell, LLC (“GGB”). Each seeks documents relating to the respective personnel files and background checks of three employees of GGB, who purportedly sexually harass...

Excerpt: ... a staffing agency wh ich placed her for a work assignment with its client, Alcon. Defendants now jointly move to compel arbitration of Plaintiff's claims. For the reasons set forth below, the motion is DENIED. As a preliminary matter, the Court SUSTAINS the evidentiary objecti ons raised by Plaintiff as to Mr. Gohil's declaration, and OVERRULES the evidentiary objections raised by Defendants as to Plaintiff's declaration. California law, like fe...

Excerpt: ...an action or proce eding if it is contended that the action has no merit or that there is no defense to the action or proceeding.” (Code of Civ. Proc., § 437c, subd. (a)(1).) Summary judgment will only be granted “if all the papers submitted show that there is no triable iss ue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (Id., at subd. (c).) A defendant moving for summary judgment has an...

Excerpt: ... admissions (“RFAs”) were denied without objection or explanation from Plaintiffs Robert Michael and Ellen Williams (“the Williamses”). Having successfully defended himself from all twelve causes of action in the Williamses' suit, he claims that he is entitled to cost of proof sanctions. If a party is requested to admit the truth of any matter and fails to do so, and the propounding party subsequently proves the truth of that matter, the ...

Excerpt: ...action pending between the same parties due to the wrongful foreclosure of the property. Defendant claims that a wrongful foreclosure action (“foreclosure action”) was filed on August 22, 2023. (See Steven Yu v. FCI Lender Services, Inc. (Super. Ct. San Mateo County No. 23C IV03933).) Defendant has not requested judicial notice of the operative pleading in the foreclosure action to support this argument though. A demurrer may be used to chal...

Excerpt: ...ests for Admi ssions, Set One, to be deemed admitted. Defendants also request monetary sanctions. The motion to compel and for sanctions is GRANTED in its entirety, as set forth in further detail below. Interrogatories Defendants seek to compel responses, not compel f urther responses, as they contend that no response to their interrogatories was ever received. (Declaration of William H. Coke (“Coke Decl.”) in support of Motion.) Therefore, t...

Excerpt: ...hether the se rvice provided to Defendant Caixing Xie is sufficient. Prior filings with this court show that Xie is likely incarcerated in China. Notice of Dismissal of Involuntary Bankruptcy Petition, filed Mar. 29, 2024, Ex. A, at 1 –2. However, Plaintiffs have only pr ovided notice to Xie's United States -based counsel. The due process clause of the Fourteenth Amendment of the United States Constitution requires that if a person is entitle...

Excerpt: ...re not recovera ble as of right or otherwise barred by statute. Id. at § 1033.5(c)(4). An award of costs is subject to the court's determination that those costs: (1) are reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its purpose; and (2) that the costs are reasonable in amount. Id. at § 1033.5(c)(2) –(3). To claim costs, the prevailing party must serve and file a memorandum of costs wit...

Excerpt: ...g Plaintiff's time as a student at a high school run by the District, he was sexually assaulted by Perpetrator after being sent to be evaluated by Perpetrator, a psychiatrist, as part of a special education program. Plaintiff's claim against the District is brought under Govt. Code § 81 5.2, alleging negligent supervision and protection of a minor student. The District demurred to the FAC on the basis that Assembly Bill (“AB”) 218, which mod...

Excerpt: ...ileged documen ts no later than April 18, 2024 or a date agreed upon in writing by Oracle Corp. and Oracle America, Inc. and Plaintiff David Weiner. On December 1, 2023, Weiner served on non- parties Oracle Corp. and Oracle America, Inc. (collectively, “Oracle”) Oracle a subpoena for production of business records issued on November 30, 2023. Neither Weiner nor Oracle raises a relevant distinction between Oracle Corp. and Oracle America, Inc....

Excerpt: ...�Motion Number One for Determination of Evidentiary and Legal Issues Affecting the Determination of Compensation,” filed Feb. 20, 2024, is DENIED. The Gearings' 2- 20-24 Request for Judicial Notice (RJN) is GRANTED. (Evid. Code Sect. 452(d).) The Gearings request judicial n otice of 22 documents previously filed with this Court. The RJN provides no explanation as to their significance/relevance, although of these documents are referenced in ...

Excerpt: ...d Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. The Second Amended Complaint (the “SAC”) asserts six causes of action, for: (1) reversal of the void deed of trust and/or novation of the mortgage loan based on a theory of fraud and cancellation of instruments; (2) cancellation of foreclosure action; (3) quiet title; (4) declaratory relief; (5) accounting; and (6) preliminary and permanent injunction. Defendants Select Portfolio Servicing, Inc...

Excerpt: .... Code Sect. 329 4.) Defendant's 2-16-24 Request for Judicial Notice is GRANTED. (Evid. Code Sect. 452(d).) Defendant Liao's Motion to Strike the Complaint's request for punitive damages against defendant Liao is GRANTED with leave to amend. (Code Civ. Proc. Sect. 435, 436; Civ. Code Sect. 3294.) To survive a motion to strike, a complaint that seeks punitive damages must allege facts, not conclusions, that could support a finding that the defend...

Excerpt: ... 5 Palms, LLC, an d Natural Software Systems, Inc. Money Purchase Pension Plan (the “Dakota Parties”) have here moved to expunge three lis pendens recorded by Plaintiffs/CrossDefendants/Cross -Complainants Nariman Teymourian, Gail Teymourian, and 2700 Middlefield Road, LLC (the “Teymourian Parties”) against 66 Barry Lane in Atherton (the “Barry Property”). Counsel for both parties is ORDERED TO APPEAR at the hearing on this motion. A...

Excerpt: ...kins' Form I nterrogatories (Sets One and Two), Special Interrogatories (Set One), and Demand for Production (Set One). Defendant served the requests on February 14, 2023 and October 17, 2023. (Declaration of David E. Hunter III in Support of the Motion, ¶¶ 3 -5, 7.) (“Hunter Decl.”) Counsel for Defendant wrote Plaintiff's counsel repeatedly to request verified answers, but to no avail. (Id. at ¶ 6.) After Plaintiff failed to appear at th...

Excerpt: ...n. 24, 2024, is DEN IED. (Code Civ. Proc. Sect. 2025.420(h).) Courthouse/hearing location. The Court notes that CLT's 1 -24- 24 Notice of Motion incorrectly states that the March 14 hearing will take place in the San Mateo courthouse. Department 3 (Judge Greenberg) is located o n the Second Floor of the Redwood City courthouse, located at 400 County Center in Redwood City. The Gearings' 3 -1 -24 Request for Judicial Notice, which requests that th...

Excerpt: ...e of Civ. Pro c., § 473, subd. (a)(1).) The proposed amendment would simply delete the first two affirmative defenses from the Answer. Plaintiff Alfredo Ortiz refused to stipulate to obtaining an advantage for himself and opposes this motion on the basis of delay and pr ejudice. However, both principles are founded upon a consideration of fairness. Ortiz presents no coherent argument as to why the elimination of his adversary's defenses works a...

Excerpt: ...ber 16, 2023. Pla intiff now moves for attorney's fees pursuant to the lease agreement, which provides in section 31 that the prevailing party to the action shall be entitled to reasonable attorney's fees. Defendant argues that attorney's fees, as part of the judgment, are automatically stayed pending appeal. This is incorrect. Unlike in civil actions generally (see Cal. Civ. Proc. § 916), appeals from unlawful detainer judgments do not automati...

Excerpt: ...�City”), to the First Cause of Action in the First Amended Petition for Writ of Mandate (“FAP”) is SUSTAINED WITHOUT LEAVE TO AMEND based on failure to allege facts sufficient to support a cause of action. Generally, a writ under section 1085 may only be employed to compel the performance of a duty which is purely ministerial in character. (Transdyn/Cresci v. City and County of San Francisco (1999) 72 Cal.App.4th 746, 752.) “A ministerial...

Excerpt: ...two weeks to thirty days, on the grounds that Defendant's counsel is unavailable for the trial due to a preceding trial in San Francisco County Superior Court and his son's planned wedding on June 29, 2024. The court finds circumstances are not excusable under Cali fornia Rules of Court, Rule 3.1332, subsection (c)(3) because Defense counsel is, in actuality, available to be present in the courtroom on the trial date. As to Defendant's making of...

Excerpt: ...must allege facts to s how: “(1) outrageous conduct by the defendant; (2) the defendant's intention of causing or reckless disregard of the probability of causing emotional distress; (3) the plaintiff's suffering severe or extreme emotional distress; and (4) actual and proximate causation of the emotional distress by the defendant's outrageous conduct.” (Yau v. Santa Margarita Ford, Inc. (2014) 229 Cal.App.4th 144, 160 –161.) Fo...

Excerpt: ...e basis that AB 218 retroactively strips statutory governmental immunity from public entities, in violation of Article XVI, § 6 of the California Constitution, which prohibits gifts of public funds where there is no enforceable claim. The Demurrer is OVERRULED, as follow s. Each parties' requests for judicial notice are GRANTED pursuant to Cal. Evidence Code Section 452(c), (d). Standard on Demurrer In ruling on a demurrer, the Court treats it �...

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

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

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

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

Excerpt: ...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: ...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: ...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: ...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: ...dicial notice shall 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. Here, there is no opposition, so the moton should be granted if Plaintiff has m...

Excerpt: ...aims. (Code of Civ. Proc. S 581, subd. (b)(l); CRC Rule 3.1390.) B. Changes to Paragraph 15 and Addition of New Paragraph 71. As to new allegations regarding representations on Defendant's website, the proposed changes are the wordings of website representations in Paragraph 15 and the addition of new Paragraph 71. In Paragraph 15, Plaintiff proposes deleting the alleged representation "Your gift card information is secure" and replacing it with ...

Excerpt: ...shall be limited to the addition of only those allegations necessary to cure defects in the third cause of action as discussed below. A. Legal Standard on Demurrer The purpose of a demurrer is to test the legal sufficiency of the facts alleged in the operative complaint to see whether they state a cause of action under any legal theory, as a matter of law. (New Livable Cal. v. Association of Bay Area Gov'ts (2020) 59 cal.App.5th 709, 714-715; Gen...

Excerpt: ... Background. On March 6, 2023, the Court issued a Civil Harassment Restraining Order, prohibiting/enjoining Amber Baptiste from repeating 18 statements/allegations about Goguen that Baptiste had previously made in various social media postings. (3-6-23 Restraining Order.) Thereafter, Baptiste continued sending email communications repeating these prohibited statements/allegaäons, and thus, which violated the Restraining Order. On May 18, 2023, a...

Excerpt: ...inaton in January 2023. Defendant seeks to compel arbitration on the ground that Plaintiff's Employment Agreement with Defendant, which Plaintiff signed, contains a binding agreement to arbitrate all claims alleged in Plaintiff's Complaint. CCP S 1281.2 requires the Court to order contractual arbitration "[Oln petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party ...

Excerpt: ...ons of the complaint determine whether a "real property claim" is involved. (Urez Corp. v. Sup.Ct. (1987) 190 Cal.App.3d 1141, 1149.) A "real property claim" is any cause of action which, if meritorious, would affect title to specific real property. (Code of Civ. Proc. S 405.4.) "Real property claim" includes a marriage dissolution proceeding in which ownership of real property is at issue. (Kane v. Huntley Fin" (1983) 146 Cal.App.3d 1092, 1095.)...

Excerpt: ...20-23 Requests for Judicial Notice are GRANTED. (Evid. Code Sect. 452(d).) As to these court-filed documents, the Court takes judicial notice of their contents and filing dates, but not the truth of statements/allegatons therein. Defendants' 12-20-23 Objection to the Treasa Gavin declaration is SUSTAINED on grounds that on a motion for judgment on the pleadings, the Court may only consider the subject pleading, and matters subject to judicial not...

Excerpt: ...t Portfolio Servicing, Inc.'s and U.S. Bank, N.A.'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"].) Defendants Select Portfolio Servicing, Inc. and U.S. Bank, N.A. (collectively, "Lenders"), the latter in its capacity as trustee for WaMu Mortgage Pass Through Certificate For WMALT...

Excerpt: ...ormance of the agreement, declaratory relief, or, in the alternative, for resc:ission of the agreement based on mutual mistake. Defendant 930 Linden Ave LLC ("Defendant" or "Linden") now demurs to the Complaint. A demurrer tests the legal sufficiency of the pleadings, raising issues of law but not fact regarding the form or content of the opposing party's pleading. (Donabedian v. Mercury Ins. Co. (2004) 116 CA4th 968, 994.) For the purposes of de...

Excerpt: ...tiffs Third Amended Complaint is: (1) being presented primarily for an improper purpose to harass Defendant, (2) the fraud claim is not warranted by existing law, and/or (3) is devoid of evidentiary support. (See Code of Civ. Proc. S In order to obtain sanctions under section 128.7, the moving party must show that other party's conduct in asserting the claim was objectively unreasonable. (Kumar v. Ramsey (2021) 71 Cal.App.5th 1110, 1120.) A claim...

Excerpt: ... improper purpose to harass Defendant, (2) the fraud claim is not warranted by existing law, and/or (3) is devoid of evidentiary support. (See Code of Civ. Proc. S In order to obtain sanctions under section 128.7, the moving party must show that other party's conduct in asserting the claim was objectively unreasonable. (Kumar v. Ramsey (2021) 71 Cal.App.5th 1110, 1120.) A claim is objectively unreasonable if " 'any reasonable attorney would agree...

Excerpt: ...part, as follows: Timeliness of Motion Unless notice of a motion to compel further responses to interrogatories is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing, the propounding party waives any right to compel a further response to the interrogatories. Cal. Code of Civil Pro...

Excerpt: ... for Judicial Notice (RJN) is GRANTED in its entirety. (Evid. Code Sect. 452(d).) The Court hereby incorporates its Order denying Defendant Evernote's Special Motion to Strike the FAC'S asserted claims. Although a SLAPP motion, unlike a demurrer, permits the Court to consider evidence external to the pleading, here, Evernote's ant-SLAPP motion and this demurrer involve overlapping issues and analyses. Thus, the Court incorporates, herein, its Ord...

Excerpt: ...iary duty," and "breach of contract") the Demurrer is OVERRULED. As to Cause of Action No. 2 ("elder abuse"), the Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. (Code Civ. Proc. sect. 430.10(e).) Defendants' 10-24-23 Request for Judicial Notice (RJN) is GRANTED as to Exhs. A & B (Evid. code sect. 452(c)), and GRANTED as to Exhs. C, D, E(l), (2), and (3), and F (Evid. code sect. 452(d).) The RJN is DENIED as to Exhs. E(4), (5) and (6) on grounds th...

Excerpt: ... Deborah Q. Ruddock by Defendants and Cross-complainants Thomas J. Gearing and Daniel K. Gearing (collectively, the "Gearings") on August 31, 2023. For the reasons set forth below, the motion to quash is granted. A. Deposition Not Warranted Code of Civil Procedure section 1987.1 permits a party to move for an order quashing a subpoena and authorizes the Court to enter appropriate protective orders. (Code of Civ. Proc., S 1987.1 subds. (a)—(b).)...

Excerpt: ... defenses. A party may demur to an answer on grounds of failure to state facts sufficient to constitute a defense. (CCP S 430.20.) The determination of whether an answer states a defense is governed by the same principles which are applicable in determining if a complaint states a cause of action. (South Shore Land Co. v. Petersen (1964) 226 Cal.App.2d 725, 732.) The allegations of the pleading demurred to must be regarded as true, but a demurrer...

Excerpt: ...ement of Non-oppositon as to the requested production, confirming that the parties have agreed to such production through participation in the Informal Discovery Conference process and subsequent meet and confers. Accordingly, the Court shall GRANT this Motion, subject to the conditions outlined below. Pupil and education records are protected from disclosure under federal and state law. Federal educational funds are withheld from any school dist...

Excerpt: ... (the "Settling Parties") have agreed upon material terms, as summarized: Rodda will pay Plaintiff a $250,000.00 settlement payment. In exchange, Plaintiff has agreed to provide Defendant/cross-complainant SC Builders with an issue release discharging all claims in connection with Rodda's work on the renovation project which is the subject of this litigation. Plaintiff and Rodda have agreed to fully discharge, waive, and release each other from a...

Excerpt: ...has indicated actual notice of the Opposition, it has been considered. The only argument it raises is that the Motion is untimely pursuant to Cal. Rules of Court, Rule 3.1702. Timeliness of Mohon A motion for attorney's fees up to and including the rendition of judgment must be served and filed within the time for filing a notice of appeal. Cal. Rules of Court, Rule 3.1702. In this case, that time is 60 days pursuant to Cal. Rules of Court, Rule ...

Excerpt: ...vice of notice of entry of judgment, as required by California Rules of Court rule 3.1700(a)(1). The form Complaint asserts two causes of action for breach of contract and four common counts. (Dec. 14, 2022 Complaint, pp. 3—6.) Each of these six counts are merely pleadings of alternative legal theories to recover a single debt. The only discrepancy in the requested remedies is that attorney fees are requested only under the first cause of actio...

Excerpt: ...murrer should be sustained because Plaintiff failed to properly serve Defendant with the Second Amended Complaint. Defendant cites no authority for sustaining a demurrer on this ground though. Instead, this may be a valid ground for a motion to strike. (See Code of Civ. Proc. S 436(b).) Nevertheless, Plaintiff is cautioned to properly serve Defendant with any amended pleading in the future and to file a proof of service with the Court. Plaintiff'...

Excerpt: ...Code SS 3439 et seq. For the reasons set forth below, Defendant's moton for summary judgment is DENIED. The facts relevant to the pending motion are as follows: according to Plaintiffs' First Amended Complaint ("FAC"), Defendant DBM Cloud Systems Inc. ("DBM") is a software development company that allegedly entered into 28 separate loan agreements with the Plaintiffs between December 20, 2016 and October 12, 2019, by which the Plaintiffs collecti...

Excerpt: ...The Agreement was signed by Defendants Li and Xie. Defendant Xie failed to make the payment due on or before April 21, 2023 and failed to make the $25,CM payment due on or before May 21, 2023. (Flegel Decl., '1 4.) The parties' Agreement provides that, "The Superior Court of California for the State of California shall have jurisdiction to enforce this Agreement." (Flegel Decl., Ex. A, 5.) The Agreement also states that "If Xie fails to timely de...

Excerpt: ...oena issued to its appraiser, Christopher Carneghi, on the grounds that any expert witness discovery in this case is premature, and discovery of Mr. Carneghi's work as a consulting expert concerning his appraisals is protected by attorney work-product privilege. Defendants respond that "Carneghi must be made available as a fact witness so that he may testify about the physical descriptions of all the lots that he perceived." (Opp., p.13.) Accordi...

Excerpt: ...ynor"), an individual and managing member and offcer of BWC. The Cross-complaint alleges causes of action for breach of fiduciary duty, intentional misrepresentation, negligent misrepresentation, and declaratory relief. Raynor now demurs to the Cross- Complaint and moves to strike certain parts of the pleading. Cross-Defendant's Motion to Strike A motion to strike can be used as a scalpel to cut out any irrelevant, false, or improper matters in a...

Excerpt: ...rovide Lessor with a copy of a Use Permit issued by the City of South San Francisco for such use or alternatively to provide evidence, reasonably satisfactory to Lessor, that no such Use Permit is required." ("Failure to Obtain a Use Permit (3-Day Notice at 2.) The motion is denied as to all other grounds argued in the motion because triable issues of material fact exist as to those grounds. (3-Day Notice at 1- 2, 3 & 4.) A. The Motion Does not E...

Excerpt: ...ifth cause of Action by Ford is OVERRULED based on failure to allege facts sufficient to support this claim. The elements of a cause of action for fraud based on concealment are: "(1) the defendant must have concealed or suppressed a material fact, (2) the defendant must have been under a duty to disclose the fact to the plaintiff, (3) the defendant must have intentionally concealed or suppressed the fact with the intent to defraud the plaintiff,...

Excerpt: ... allege causes of action for elder abuse, negligence, wrongful death, and survivorship. Defendants now mcwe to com#l arbitration, arguing that an arbitration agreement signed on behalf of Decedent contractually binds the parties to adjudicate these claims in binding arbitration. The arbitration agreement at issue is its own agreement, though it was kept together with other paperwork governing Decedent's admission to the facility as a resident. Ga...

Excerpt: ...ng possession of real property, a motion for summary judgment may be made at any time after the answer is filed upon giving five days notice, and shall be granted or denied on the same basis as a motion under Section 437c. Cal. Code of Civil Procedure Section 1170.7. Cal. Code of Civil Procedure Section 437c(b)(1) provides that an MS] "shall be supported by affidavits, declarations, admissions, answers to interrogatories, depositions, and matters...

Excerpt: ...ly filed. ld. at S 2031.300. A court may grant relief from waiver if: (1) the party belatedly serves a response substantially compliant with CCP SS 2031.210-2031.240, 2031.280, and (2) filing a noticed motion supported by declarations showing that the delay resulted from mistake, inadvertence, or excusable neglect. ld. Under Local Rule 3.700, parties to a general civil case must participate in an Informal Discovery Conference (IDC) prior to filin...

Excerpt: ...party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect." (Code of Civ. Proc., S 473, subd. Here, Plaintiff TGA F299 Franklin LLC ("TGA") requests relief from the recent adopted tentatve ruling sustaining Defendants Urban Flat, LLC's and Evan Haskell's demurrer to the Second Amended Complaint and granting leave...

Excerpt: ...AINED WITH LEAVE TO AMEND based on failure to allege facts sufficient to support a cause of action and uncertainw. Generally, a writ under secton 1085 may only be employed to compel the performance of a duty which is purely ministerial in character. (Transdyn/cresci v. City and County of San Francisco (1999) 72 Cal.App.4th 746, 752.) "A ministerial act is an act that a public officer is required to perform in a prescribed manner in obedience to t...

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: ...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: ...t al. (23-ClV-02210), Woodside Property Ventures LLC v. Kings Mountain Road LLC et al. (23-ClV-02211), and Zambezi Creek Road LLC v. Kings Mountain Road LLC et al. (23- CIV02214). All three cases relate to flooding during atmospheric river storms in Northern California, which each of the respective Plaintiffs allege was caused by the actions of Defendants. Emygd-us Holdings, LLC, et al. v. Kings Mountain Road LLC, et al. (23-ClV-02210) Defendant ...

Excerpt: ...erty Ventures LLC v. Kings Mountain Road LLC et al. (23-CIV- 02211), and Zambezi Creek Road LLCv. Kings Mountain Road LLC et al. (23-ClV02214). All three cases relate to flooding during atmospheric river storms in Northern California, which each of the respective Plaintiffs allege was caused by the actions of Defendants. Woodside Property Ventures LLC v. Kings Mountain Road LLC et al. (23-ClV-02211) Defendant moves to strike certain portions of P...

Excerpt: ...ures LLC v. Kings Mountain Road LLC et al. (23-CIV-02211), and Zambezi Creek Road LLC v. Kings Mountain Road LLC et al. (23-ClV02214). All three cases relate to flooding during atmospheric river storms in Northern California, which each of the respective Plaintiffs allege was caused by the actions of Defendants. Zambezi Creek Road LLC v. Kings Mountain Road LLC et al. (23-ClV-02214) Defendant moves to strike certain portions of Plaintiffs' operat...

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: ...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: ...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: ...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: ...he parties entered into a Settlement Agreement, which that Defendants South Bay Real Estate Commerce Group, LLC and George Cresson (Judgment Debtors) would pay to Plaintiff MDIG, pursuant to a payment plan. There is no dispute that the Judgment Debtors paid of the Settlement, several years ago. MDIG contends that no additional payments have been made (i.e., Judgment Debtors have made no payments in over five years now), during which time MDIG has...

Excerpt: ... to Strike. As a preliminary matter, McLennan identifies four statutory grounds for this demurrer to the Complaint of Plaintiff 930 Linden Avenue, LLC ("930 LLC"): (1) 930 LLC's lack of capacity to sue, (2) misjoinder, (3) failure to state a claim, and (4) uncertainty. (See Code of Civ. S 430.10, subds. (b), (d)—(f).) However, none of the papers filed in support of the motion discuss capacity to sue, misjoinder, or uncertainty. The Court theref...

Excerpt: ... ON DEMURRER AND DEMURRER TO DEFENDANT AND CROSS-COMPLAINANT DONNA GOLDSTEIN'S VERIFIED CROSS COMPLAINANT BY PLAINTIFF AND CROSS-DEFENDANT TENTATIVE RULING: The instant dispute arises out of a loan and Deed of Trust ("DOT") executed by Defendant Donna Goldstein's nowdeceased husband, Andrew Goldstein, pledging real property at 1431 Laguna Avenue, Burlingame CA (the "subject property") to Option One Mortgage ("Option One") as security for a loan (...

Excerpt: ...ion of Katie Fones "in its entirety" is overruled. Objections to evidence must be specific. (Evid. Code Sect. 353, subd. (a); Coit Drapery Cleaners, Inc. v. Sequoia Ins. Co. (1993) 14 Cal.App.4th 1595, 1611.) The objection to the entirety of the declaration on the ground that "reasonably equivalent value" is not susceptible to ex#rt testimony is overbroad and non-specific. Further, the Fones Declaration never provides an opinion on what constitut...

Excerpt: ... LS Home Development, LLC from the SAC on the grounds that the new y added defendant and cause of action exceed the scope of the amendment #rmitted by the Court in its ruling on Defendants' demurrer to Plaintiff's First Amended Complaint. Generally, where a court grants leave to amend after sustaining a demurrer, the scope of permissible amendment is limited to the causes of achon to which the demurrer has been sustained: "[Sluch granting of leav...

Excerpt: ...intiff is reminded 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"]; San Mateo County Superior Court Local Rule 3.3 [same...

Excerpt: ...hrough fourth causes of action asserted in Plaintiffs First Amended Complaint on the grounds that the causes of action were barred by the two-year statute of limitations applicable to claims for breach of an oral contract under CCP S 339.1. (1/19/23 Minute Order.) The Court noted that Plaintiff did not dispute that the two-year statute of limitations was applicable, but rather contended that the claim was timely under the continuous accrual doctr...

Excerpt: ...ourt takes judicial notce of their filing dates and contents, but not as to the truth of statements/allegatons in the documents. Plaintiff's 7-27-23 Request for Judicial Notice is GRANTED. (Evid. Code Sect. 452(d)). Defendant's 8-3-23 Objections to Evidence are all OVERRULED. The Court rules on objections to evidence, not objections to alleged "facts" in Plaintiff's Separate Statement. Further, for the most part, Defendant's arguments go to the w...

Excerpt: ...illon ("Plaintiffs") is SUSTAINED WITHOUT LEAVE TO AMEND. (1) The Demurrer to the First Cause of Action for Wrongful Foreclosure is SUSTAINED WITHOUT LEAVE TO AMEND based on failure to state facts sufficient to support this claim. The SAC alleges that the Notce of Default ("NOD") improperly demanded $13,643.36. (SAC 27.) Plaintiffs acknowledge that they missed monthly $650.00 payments beginning October 2018, and were in arrears for 17 months at t...

Excerpt: ...rded to Plaintiff MDIG, the Motion to Tax is DENIED. With respect interest accrued on the judgment, the Court will decide this issue at the Sept. 14, 2023 hearing. Background. In Nov. 2016, the parties entered into a Settlement Agreement, which provided that Defendants/Judgment Debtors South Bay Real Estate Commerce Group, LLC and George Cresson would pay $450,000 to plaintiff/Judgment Creditor Mount Diablo Investment Group (MDIG), per a payment ...

Excerpt: ...poenas of four affiliated persons—Jo Chamberlain, Michael Kimsey, Chris Carneghi, and Kenneth Habeeb—issued by Defendants and Crosscomplainants Thomas J. Gearing and Daniel K. Gearing (collectively "the Gearings") for oral testimony and scheduled for June 12 and 13, 2023. In the alternative, Coastside Land Trust requests a protective order limiting the scope of these depositions. A. Coastside Land Trust Has Standing Both the Notice and Amende...

Excerpt: ...l. CCP S 564.6(a). The individual Plaintiffs and individual Defendants (with Bryan Holmes signing as managing member of FFC Alameda DLP, LLC) all signed a written settlement agreement laying out payments owed by Defendants to the Plaintiffs according to a payment schedule. Ex. A to Decl. of Adam L. Pedersen ("Pedersen Decl."). There is no dispute as to the amount or terms contained in the settlement agreement. Defendants have failed to make payme...

Excerpt: ...n arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that the right to compel arbitration has been waived by the petitioner, or grounds exist for rescissio...

Excerpt: ...to Demurrer" filed May 26, 2023 (11 pages), (2) "Objection to Demurrer Amendment" filed June 5, 2023 (3 pages), and (3) "Defendants Demurrer Action and Plaintiff's Points and Authorities" filed June 5, 2023 (10 pages). "Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages." (Cal. Rules of Court ("CRC") Rule 3.1113(d).) All three documents together therefore violate the page limits pe...

Excerpt: ...in this case is premature, and discovery of Mr. Carneghi's work as a consulting expert concerning his appraisals is protected by attorney privilege. Defendants respond that "Carneghi must be made available as a fact witness so that he may testify about the physical descriptions of all the lots that he perceived." (Opp., p.13.) According to Defendants, "If not permitted to depose him at this tme and only after he was formally disclosed, [Defendant...

Excerpt: ... $9,744.60 on the counts for an open book account and account stated. The final judgment shall be entered in accordance with such upon termination of the action. A. Legal Standard on Summary Judgment or Adjudication Pursuant to Code of Civil Procedure secton 437c, a party may move for summary judgment if it contends that there is no defense to the action. (Code of Civ. Proc., S 437c, subd. (a)(l).) In addition, "[al party may move for summary adj...