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: ...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...