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: ...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...