Excerpt: ...iled within 10 days' notice of the order being challenged. (Code of Civ. Proc. S 1008, subd. (a). The order was entered December 29, 2021, but no Proof of Service is on file showing that the Order was served on any party. Therefore, the 10-day limit does not preclude a motion for reconsideration. Regardless, the motion is denied for failure to demonstrate the existence of new or different facts, c:ircumstances, or law that were not before the Cou...

Excerpt: ...person arising from any act of that person in furtherance of the person Is right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim." (CINIe of Civ. Proc. S 425.16(b)(1).) The Court consid...

Excerpt: ...is interest in real property through undue influence, seek restitution and a constructve trust on the profits Defendants allegedly made as a result, add a cause of action for breach of fiduciary duty, and remove the intentional infliction of distress claim in the original Complaint. Defendants object to amendment because they argue that the issues here are res judicata, that the causes of action are barred by the statute of limitations and do not...

Excerpt: ...LC ("Urban") and Evan Haskell demur to the Second Amended Complaint's First and Second Causes of Action generally, on the basis that it does not state facts sufficient to constitute a cause of achon against Haskell, and specially, on the bases of misjoinder and uncertainty. (See Code of Civ. Pru., S 430.10, subds. They also demur generally to the Second Cause of Action, on the basis that it is superfluous. They also demur specially to the entire ...

Excerpt: ...xists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substan
Ÿal probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restric
Ÿve means exist to achieve the overriding interest. Cal. Rules of Court, rule 2.550(d); NBC Subsidiary, Inc. v. Super. C...

Excerpt: ...udes a mediation clause, courts generally do not order/compel parties to attend, and pay for, private mediations, because mediations are inherently voluntary. See Jeld-Wen, Inc. v. Superior Court (2007) 146 Cal.App.4th 536, 540, explaining: Mediation is defined as a process in which a neutral person or persons facilitate communication between the disputants to assist them in reaching a mutually acceptable agreement During this process, a neutral ...

Excerpt: ...ion of plaintiffs' total recovery and the settlor's proportionate liability, (2) the amount paid in settlement, (3) the allocation of settlement proceeds amongst plaintiffs, (4) financial conditions and insurance policy limits of settling defendants, as well as (5) the existence of collusion, fraud, or tortious conduct aimed to injure the interests of non-settling defendants, and (6) a recognition that a settlor should pay less in settlement than...

Excerpt: ...OA — Fraudulent Inducement Defendants demur to Plaintiff's first cause of action for fraudulent inducement on the grounds that "there are no allegations identifying any 'material fact' that either Mr. Fleming or Mr. Nanduri concealed during the hiring process." (MPA, p.5.) The Court agrees with Defendants. Plaintiff alleges that she was "promised her job security, a reasonable share of Onc.Al, and a proper salary," and that Defendants represent...

Excerpt: ... court may relieve a party from any proceeding taken against them through her excusable neglect on any terms that may be just. (Code of Civ. Proc., S 473, subd. (b).) The moving party must show that the negligent act or omission is one that a reasonably prudent person might have committed under similar circumstances. (Renteria v. Juvenile Justice, Dept. of Corrections & Rehabilitation (2006) 135 Cal.App.4th 903, 910.) In addition, the party must ...

Excerpt: ..., Plaintiff seeks to add the three surety entities to the existing Judgment, and to amend the amount of the existing Judgment to account for (a) accrued interest, and (b) three prior awards of attorney's fees/costs, which remain unpaid. The Motion is opposed only by the two Loanvest entities (the sureties), and only in part. Brief background. In Nov. 2016, the parties entered into a Settlement Agreement, pursuant to which Defendants agreed to pay...

Excerpt: ...tile work environment on the basis of harassment due to her race (sixth), gender/sex (seventh), marital status (eighth), disability (ninth), and associative 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 ...

Excerpt: ...of this order. Defendant Ford Motor Co. ("Ford") moves here for an order compelling the further responses of Plaintiff Mario A. Gonzalez to its special interrogatories nos. 1, 5, 7, 9, 19, and 21—22. Generally, these interrogatories seek information as to what defects or nan-conformities Gonzalez alleges the vehicle had and the damages he has incurred for Ford's failure to repair the defects. The Motion was filed on April 14, 2023. Gonzalez ser...

Excerpt: ...nuary 24, 2023 Declaration of Paul W. Reid' are OVERRULED as to all items. In response to a subpoena, a party or witness may move for an order directing compliance with the subpoena upon certain terms and conditions declared by the court, such as a protective order. (Code of Civ. Proc., S 1987.1, subd. (a), (b).) A court may issue a protective order, "for good cause shown," that protects any person from "unwarranted annoyance, embarrassment, or o...

Excerpt: ...ice of hearing contains an incorrect department and address for the hearing. This case was reassigned for all purposes on March 8, 2023. If contested, the hearing will be held at 2:00 p.m. in Department 3, which is located at 400 County Center, Redwood City, CA 94063, Courtroom 2B. Any party contesting the tentative ruling must give notce to all other parties of the correct department and location of the hearing. (2) Plaintiff's opposition was fi...

Excerpt: ...). Cross-complainant's Request for Judicial Notice is DENIED. To the extent Cross-complainant seeks to rely on the substance of the Contractors State License Board License Exam Study Guide, the material constitutes hearsay for which no exception has been identified. The document is not relevant to the proceeding without relying on its contents. Cross-Defendant's objections to this request are therefore sustained. Cross-complainant has a C-23 Orna...

Excerpt: ... probable validity of the claim, (3) the attachment is not sought for any purpose other than to secure recovery on the claim, and (4) the amount to be secured is greater than zero. CCP S 484.090. Except as otherwise provided by statute, a claim is one upon which an attachment may be issued: (1) in an achon on a claim or claims for money, (2) based upon a contract, express or implied, and (3) where the total amount of the claim or claims is a fixe...

Excerpt: ...controversy, the Court shall order the petitioner and the respondent to arbitrate the controversy it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waved by the petitioner; or (b) Grounds exist for the revocation of the agreement; or (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, ...

Excerpt: ...t 2022 through November 2022 relating to the Conservation of [Respondent) California Insurance Company (CIC) (Motion) came for hearing before this Court on June 1, 2023, at 2:00 p.m. All parties appeared through their counsel. Having considered all papers filed regarding the Mohon, oral arguments of the parties, any testimony and evidence presented at the hearing, and all other pleadings and papers on file herein, the Court GRANTS the Motion. DIS...

Excerpt: ...mmary Adjudication is DENIED as to Plaintiff's remaining claims for the reasons set forth below. Statute of Limitations —Relation Back Doctrine Defendant contends, first, that Plaintiff's causes of action are time-barred by the applicable statutes of limitations. Defendant cites Scherer v. Mark (1976) 64 Cal. App 3d 834, 842 for the rule that "Where no effort has been made to allege a cause of action against a fictitiously named Doe defendant, ...

Excerpt: ...s rule. The economic loss rule provides that a plaintiff may not recover purely economic damages for tort claims. See Jimenez v. Superior Court, (2002) 29 Cal.4th 473. The component exception to the economic loss rule states that the rule "does not necessarily bar recovery in tort for damage that a defective product (e.g., a window) causes to other portions of a larger product (e.g., a house) into which the former has been incorporated." ld. at 4...

Excerpt: ... is GRANTED in its entirety. (Evid. Code Sect. 452). As to documents filed in court, the Court takes judicial notce of their contents and filing dates, but does not take judicial notice of the truth of statements or allegations in the documents. Page limits. The City's Memorandum of Points & Authorities exceeds the CRC-imposed page limit. Counsel for the City will be expected to comply with all page limits going forward. In its discretion, the Co...

Excerpt: ... days after service of written notice of this order. Silvia Revolorio, Elmer Lopez, and Cristofer Lopez (hereafter collectively "Defendants") demur to the Complaint, pursuant to Code of Civil Procedure section 430.10, subdivision (e), contending that the notice to pay rent or quit served to Defendants (the "Notice") was required to indicate that payment of the overdue rent could be made by mail rather than simply by personal delivery. (See Apr. 1...

Excerpt: ... language of the clause must be clear and unmistakable. Second, the delegation must not be revocable under state contract defenses such as fraud, duress, or unconscionability." (Aanderud v. Superior Ct. (2017) 13 Cal. App. 5th 880, 892.) The delegaton clause at issue does not pass this test. The Arbitration Agreement delegates to the Arbitrator questions of "whether a claim or dispute must be arbitrated." (Arbitration Agreement at 1, fourth full ...

Excerpt: ... cite Theresa D. v. MBK Senior Living LLC (2022) 73 Cal.App.5th 18 for their argument that the Residents Bill of Rights (Health & Saf. Code sect. 1569.261 et seq.) prohibits requiring a resident to sign a contract waiving jury trial rights "as part of the contract for, or as a condition of, admission" to a residential care for elderly facility. (ld. at 29.) The Arbitration Agreement in the present case is separate from the residency agreement, an...

Excerpt: ...o. (2021) 69 Cal.App.5th 243, 255.) As a preliminary matter, Defendants Horse Park at Woodside LTD ("Horse Park") and Bravo have waived the affirmative defense upon which they move for summary judgment. The defense they assert falls under the doctrines of waiver of liability and express assumption of risk. (See Coates v. Newhall Land & Farming, Inc. (1987) 191 Cal.App.3d 1, 7— 8.) Neither of these theories are implicated by any of the twenty-fi...