Excerpt: ...gust 29, 2019 declaration in support of motion to amend complaint, ¶¶13, 15. This confirms Lyft's electronic records which show that Plaintiff consented to Lyft's terms on more than one occasion; and is sufficient to establish that the electronic signature affixed to these consents is attributable to Plaintiff, and that a valid contract to arbitrate was created. Plaintiff further admits that he did not opt out of these previous arbitration agre...

Excerpt: ...t. The parties to this case are involved in two simultaneously‐pending cases, apparently involving the same subject matter—this case and another in Wisconsin. See Matrix's 7‐ 2‐19 Motion, Ex. A (attaching Complaint filed in Wisconsin Circuit Court, captioned Matrix IT Medical Tracking Systems, Inc. v. Time Traveller, Inc. and Vitaly Golomb, Case No. 2019CV000968). In the present motion to stay, Matrix seeks to stay this case in favor of t...

Excerpt: ...nce and breach of fiduciary duty is based on the claim that Defendants did not owe her a duty because she was not a named beneficiary of the CWK trust. According to Defendants, “Because Plaintiff fails to allege any facts qualifying her as an expressly designated recipient of any provision in the CWK Trust gifting her the bequest she now seeks (i.e., a provision in the CWK Trust shielding her from tax liability), the Defendant Attorneys owed he...

Excerpt: ...fore, Plaintiff has failed to meet its initial burden of establishing that it is entitled to summary judgment. However, the Motion for Summary Adjudication to the open book account and account stated claims is GRANTED. Plaintiff presents evidence to establish all the elements of both its open book account and account stated claims. (See Plaintiff's Statement of Undisputed Facts nos. 1, 3, 4, 6‐8, 10‐13, and 15‐17.) Defendant failed to oppos...

Excerpt: ...” As a result, the motion to tax costs for CCP § 638 trial fees is GRANTED in the amount of $39,444.00. Trial Technology Support Services Defendant contends that Plaintiff's costs for trial technology support services are not allowable under CCP 1033.5(c)(4) because they were not “reasonably necessary to the conduct of the litigation.” As the party opposing costs, Defendant bears the burden of demonstrating that the costs were not reasonab...

Excerpt: ..., 2019) No. 19‐CV‐00114‐YGR, 2019 WL 2423375, at *3, 4.) All four causes of action are based on the allegation that Defendant censored or interfered with Plaintiff's speech. (SAC para. 37, 40, 43, 45, 49, 52.) Since all claims treat Defendant as a publisher of content provided by another information provider (Plaintiff), the CDA immunizes Defendant from liability as to all claims. Plaintiff argues that his first and second causes of action ...

Excerpt: ...othy Anderson and Elizabeth Cullinan (collectively “Cross‐Defendants”) to the Cross‐Complaint of Defendant/Cross‐ Complainant Florence Fang (“Cross‐Complainant”) is ruled on as follows: (1) The Town of Hillsborough's Demurrer to the First Cause of Action for Violation of the Fair Housing Act is SUSTAINED WITH LEAVE TO AMEND for Cross‐Complainant to cite the specific statute under which she is bringing this claim. (2) Cross‐Def...

Excerpt: ...izable claim to an easement on Defendant's property. Defendant separates her arguments with respect to the individual and entity Plaintiffs, based on her claim that the 1907 subdivision map is referenced in the deed to 655 Miramar Dr., Parcel 1, the adjacent property owned by entity Plaintiff TEG Partners, LLC, but that the 1907 map is not referenced in the deed to 18 Terrace Avenue, the nonadjacent property owned by the individual Plaintiffs. Al...

Excerpt: ...for sanctions, filed 8‐8‐19, is GRANTED‐IN‐PART, as set forth below. The motion to compel the deposition of AAC's person most knowledgeable (PMK) is GRANTED‐IN‐PART. The motion has merit, for multiple reasons. First, the Court already denied AAC's “Motion for Temporary Stay, to Quash, and to Continue the Date of the Deposition,” in which AAC made the same argument that it simply re‐hashes here. See 7‐24‐19 Minute Order. ACC ...

Excerpt: ... to any material fact and that the moving party is entitled to judgment as a matter of law. Code Civ. Proc. § 437c(c). A defendant has met the burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause(s) of action cannot be established, or there is a complete defense to that cause of action. Code Civ. Proc. § 437c(p)(2). On summary judgment or adjudication, the court considers all of th...

Excerpt: ...e record that the judgment should not have been entered; however, a judgment valid on its face but void for improper service is governed by analogy to Code of Civil Procedure section 473.5 and therefore relief in the same action must be sought no later than 2 years after entry of the default judgment. (See Rogers v Silverman (1989) 216 Cal.App.3d 1114, 1121‐1122.) Defendant contends here that the judgment is void because she was not properly se...

Excerpt: ...d the deposition of Mercado in her individual capacity. Mercado previously appeared for deposition after Defendant designated her as Defendant's person most qualified to testify for Defendant. Plaintiff is not precluded from taking Mercado's deposition in her individual capacity under Code of Civil Procedure section 2025.610(c)(1). Defendant now seeks a protective order as to further deposition of Mercado pursuant to Code of Civil Procedure secti...

Excerpt: ... other common count claims for: (1) money had and received, (2) for goods, wares and merchandise sold and delivered, (3) for money lent, and (4) for money paid out. (See Complaint, Second Cause of Action for Common Counts, ¶¶ CC‐1(b)(1), (3), (4) and (5).) Plaintiff fails to address these claims, and therefore has not met its initial burden of proving these claims such that it is entitled to judgment as a matter of law. Further, summary adjud...

Excerpt: ...� 15610.30 is SUSTAINED WITH LEAVE TO AMEND. Code Civ. Proc. § 430.10(e). The TAC does not allege PSI directly engaged in financial abuse, rather, it alleges PSI “assisted” Defendant Khalid in committing financial abuse by failing to provide Plaintiff Riley with “mandated” counseling services, and by failing to conduct sufficient due diligence to confirm the Trust's proper Trustee, and to confirm whether Khalid was Riley's attorney‐in�...

Excerpt: ...rney's fees. The complaint has not been dismissed as to Defendant; no judgment has been entered by which “neither plaintiff nor defendant” obtained any relief; no judgment has been entered by which Plaintiff has not recovered any relief against Defendant. (See Code of Civ. Proc. Sect. 1032, subd. (a)(4).) The case of Profit Concepts Management, Inc. v. Griffith (2008) 162 Cal.App.4th 950 is inapplicable. In that case, the defendant was deemed...

Excerpt: ... § 437c(p)(1).) Plaintiff's motion only addresses the common count claims for open book account and account stated, but the Complaint also alleges other common count claims for: (1) money had and received, (2) for goods, wares and merchandise sold and delivered, (3) for money lent, and (4) for money paid out. (See Complaint, Second Cause of Action for Common Counts, ¶¶ CC‐1(b)(1), (3), (4) and (5).) Plaintiff fails to address these claims, a...

Excerpt: ...nlawful detainer action filed against him, which the court granted through February 16, 2018 conditioned upon Moore's payment of monthly rent of $6,300.00 during the stay. (Ibid.) Moore paid the $6,300.00 monthly rent in December 2017 and January 2018, which is the amount he now wants released. Staying the unlawful detainer action is in the nature of an injunction, and a bond may be required. (The Rutter Group, Cal. Prac. Guide: Landlord‐Tenant...

Excerpt: ... de‐published. (See Opposing P&A at 7:2 (citation to depublished opinion in Leung v. Verdugo Hills Hospital (review granted; opinion vacated).) Defendant Chang's motion to confirm settlement in good faith is GRANTED. The disputed Tech‐Bilt factor is the rough approximation of plaintiff's total recovery and settlor's proportionate liability. The party opposing the good faith determination has the burden of establishing the lack of good faith. ...

Excerpt: ...endants' requests for admission Nos. 3‐8 from Plaintiff Carol Hoy ask her to admit that she created notes relating to (1) William Hoy's medical care, (2) this lawsuit, and (3) William Hoy's deposition, and that she subsequently destroyed those notes. Plaintiffs contend that the requests are “fundamentally unfair.” However, Plaintiffs have provided no pertinent authority supporting the claim that the requests are unfair. In determining wheth...

Excerpt: ...defaulted under the terms of the Settlement Agreement and that the Settlement Agreement provides for entry of judgment, it is unclear whether the Court may enter judgment at this time. A partition complaint shall set forth “[a]ll interests of record or actually known to the plaintiff that persons other than the plaintiff have or claim in the property and that plaintiff reasonably believes will be materially affected by the action, whether the n...

Excerpt: ... et. seq.; Armendariz v. Foundation Health Psychcare Services Inc. 24 Cal.4th 83, 97 (2000) (“California law, like federal law, favors enforcement of valid arbitration agreements.”); Cione v. Foresters Equity Services, Inc. 58 Cal.App.4th 625, 642 (1998) (a heavy presumption weighs in favor of enforcing arbitration agreements). Although arbitration is a matter of contract, non‐signatories to arbitration agreements may be bound by an agreeme...

Excerpt: ...redited) 06‐10‐19 Cross‐Complaint (XC) is OVERRULED. Code Civ. Proc. §430.10(e). A demurrer is used to challenge defects that appear on the face of the pleading, or from matters outside the pleading, that are judicially noticeable. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. All properly pleaded facts are assumed true. Chavez v. Indymac Mortg. Servs. (2013) 219 Cal.App.4th 1052, 1057. In ruling on a demurrer, the trial court is required to ...

Excerpt: ...settling party DKS on January 25, 2019, which was prior to this Application being filed on April 10, 2019. Upon dismissal, the court lost jurisdiction over DKS. (See Sanabria v. Embrey (2001) 92 Cal.App.4th 422, 425 (voluntary dismissal deprives court of subject matter and personal jurisdiction).) “Where the plaintiff has filed a voluntary dismissal of an action …, the court is without jurisdiction to act further …, and any subsequent order...

Excerpt: ...ion against it because it has no duties to third parties under Bus. & Prof. Code § 24074. This argument, however, was squarely rejected in Cohn v. Gramercy Escrow Co., 65 Cal. App. 3d 884, 892–93 (Ct. App. 1977). In that case, which relied on decisions in Grover Escrow Corp. v. Gole, 71 Cal.2d 61 (1969) and Doyle v. Coughlin 37 Cal.App.3d 911 (Ct. App. 1974), the court held as follows: The provisions of [Section 24074] are mandatory and as suc...

Excerpt: ...aintiff's complaint seeks payment for work performed at that project. Therefore, Plaintiff's complaint is a dispute that relates to the Agreement. Plaintiff does not demonstrate that the Agreement is procedrually unconscionable. Defendant sent the Agreement to Plaintiff in the evening of October 21, 2018. That same evening, Plaintiff responded “the contract is good and will sign it.” (Email from Gaddis to Lee, September 21, 2018, Exhibit 3 to...