Excerpt: ...Development and Javier Chavarria's motion to vacate. Preliminary Matters Initially, the court notes that real parties moved pursuant to Code of Civil Procedure section 633 (all further statutory references are to the Code of Civil Procedure) in their initial notice (no tice at p. 2), but corrected that typo in their amended notice (amended notice at p. 2.) The court considers the motion pursuant to the standards of section 663. Petitioners/Plaint...

Excerpt: ...f Brian Dworetzky within five days after notice of entry of order. The parties are to meet -and -confer regarding modifying the deadlines in the court's pretrial order and the discovery cut -off and provide a stipulation and proposed order regarding the extending of any pretrial da tes. If the parties cannot agree, the parties will hold an informal conference, which can be arranged by the parties jointly emailing Department 4. In this case, plai...

Excerpt: ...facts by the parties cannot be resolved on plaintiffs' motion and in furtherance of the ends of justice, a trial should be set on the issue of damages. (See 7 Witkin, Cal. Proc. (6th ed., Mar. 2024 Update) Trial § 397; Fairbank, Cal. Prac. Guide: Civ. Trials & Ev. (Rutter, Oct. 2023 Update) ¶¶ 4:368 – 4:370.) While the court never issued a formal order of bifurcation, the parties agreed and the court conducted the February 16, 2023 on the is...

Excerpt: ... (See Cal. R ules of Court, rule 3.1110 [the Notice “must specify” the location of the hearing].) Plaintiff Debt Management Partners, LLC's unopposed motion for entry of judgment pursuant to written stipulation of all parties is GRANTED pursuant to Code of Civil Proced ure section 664.6. Exhibit A to the declaration of plaintiff's counsel, John P. Kenosian, is the parties' conditional settlement agreement and stipulation for entry of judgment...

Excerpt: ...unfair compet ition, breach of fiduciary duty, fraud in the inducement, constructive fraud, and negligent misrepresentation in the First Amended Complaint (FAC). In the reply, defendants allege that plaintiffs failed to serve the opposition on them and, therefore, there is no opposition and the court should sustain the demurrer. Defendants also provided a substantive reply and because defendants have demonstrated no prejudice since they were abl...

Excerpt: ...e years of filing, ( 2) statute of limitations, and (3) discretionary dismissal for delay in service and prosecution. The court rules on the demurrer as follows: A. Legal Standard on Demurrer The purpose of a demurrer is to test the legal sufficiency of the facts alleged in th e 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...

Excerpt: ...ase no. 24UD U00101, for all purposes. The former involves claims and cross -claims for breaches of contract and various torts arising out of an alleged oral agreement to sell a business and lease the premises to Vargas. The latter involves a claim for unlawful detainer arising out of an alleged termination of the lease of the premises. As a preliminary matter, there are multiple procedural defects in the moving papers. The notice of motion does ...

Excerpt: ...ek before th e conference proposing dates before the end of 2024 for a court trial on defendants' issue preclusion defense and including a trial estimate for the trial on this affirmative defense. Defendants litigated this case extensively in federal court with CVS Pha rmacy, Inc., who defendants claim is the parent of plaintiff Aetna, Inc. The court denied defendants' issue preclusion motion for judgment on the pleadings and defendants now seek ...

Excerpt: ...scaffolding t hat had been erected as part of the construction. Defendants' operative First Amended Cross -Complaint (“FACC”) alleges causes of action against certain subcontractors, including defendant/crossdefendant James P. Silva Construction, Inc. (Silva) for express indemnity, implied indemnity, equitable indemnity, apportionment/contribution, duty to defend, and declaratory relief. Cross -defendant Silva for moves for summary judgment o...

Excerpt: ...dence are rule d upon as follows: • Obj. No. 1. SUSTAINED. (Evid. Code, §. 702 [lacks personal knowledge]; id., § 403 [lacks foundation].) • Obj. No. 2. SUSTAINED to the extent Plaintiff purports to testify as to whether DOE 4 was employed by the church, or held any off icial position as a pastor. (Evid. Code, § 702 [lacks personal knowledge]; id., § 403 (lacks foundation). Otherwise OVERRULED. • Obj. No. 3. OVERRULED as to Plaintiff's ...

Excerpt: ...he damages to th e principal amount sought for the 2018 and 2019 policy periods and second, to add treble damages to the prayer for relief pursuant to Insurance Code section 11760.1 subdivision (a) for defendants alleged failure to complete a physical audit for the 2020 po licy. The motion is unopposed. Initially, the court notes that plaintiff has yet again provided the improper address for the hearing. Department 4 is not located in Redwood Cit...

Excerpt: ...order gra nting terminating sanctions against co -defendant Ramson Mumba, Lugo's spouse or former spouse based upon a hearing held on October 31, 2023. On April 25, 2022, Lugo in pro per filed her answer to the first amended complaint. She did not include her telepho ne number or an email address. The court does not remember her ever appearing at any hearing or conference. Mumba has represented to the court that Lugo does not have an email addr...

Excerpt: ...iving under the influence of alcohol. He was admonished that his driving privilege would be administratively suspended for one year or administratively revoked for two or three years by the DMV if he refused or failed to take a chemical test. Subsequently, Llanes ref used to take a chemical test of his breath or blood. Llanes timely exercised his right to request an administrative hearing regarding the suspension, and the DMV held a hearing via ...

Excerpt: ...Compel Further Responses to Requests for Production of Documents, Set Two, nos. 88, 89, 90 and 97 (“RFP”), from Defendant Vinod Bhardwaj (“Defendant”), is DENIED. This Motion appears to be untimely. The IDC Minute Order states that the parties agreed that any motion as t o these RFP would be timely if filed by February 29, 2024. (See December 19, 2023 Minute Order.) This Motion was not filed until March 1, 2024 though. Further, even if ...

Excerpt: ...fers to the Ca lifornia Rules of Court).) A motion for continuance is addressed to the sound discretion of the trial court. (Oliveros v. County of Los Angeles (2004) 120 Cal.App.4th 1389, 1395 (Oliveros).) Rule 3.1332(c) sets forth seven grounds for continuance upon a showing of good cause, mostly related to the unavailability of a party, essential lay or expert witness, or trial counsel due to death, illness, or other excusable circumstances. Th...

Excerpt: ...dently dete rmine whether a settlement is fair, reasonable and adequate. (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129 (Kullar) [“ ‘The court has a fiduciary responsibility as guardians of the rights of the absentee class members when deciding whether to approve a settlement agreement.' ”]; In re Microsoft I -V Cases (2006) 135 Cal.App.4th 706, 723.) After conducting its independent review, the court concludes that pl...

Excerpt: ...by 4:00 p.m. on April 8, 2024 that the tentative is contested, then the Court will adopt the tentative at the April 9, 2024 hearing and there will be no oral argument on the motion. Defendant Xuan Xu's Demurrer to Plaintiff Yifan Jiang's Verified First Amended Comp laint for Partition of Real Property is SUSTAINED in part with leave to amend and OVERRULED in part. Defendant Xuan Xu's Request for Judicial Notice is GRANTED as to all items. Plaint...

Excerpt: ... forth below. (1) Initial ly, the court notes that Plaintiff has provided the improper address for the hearing. Department 4 is not located in Redwood City as the notice states, but instead at the Central Courthouse, Courtroom G, 800 North Humboldt St., San Mateo, CA 94401. (See Cal. Rules of Court, Rule 3.1110 [the Notice “must specify” the location of the hearing].) Plaintiff is cautioned to comply with this rule in the future. (2) Defendan...

Excerpt: ...matter, the court notes that Patelco has filed documents with plaintiff's confidential information. Patelco shall take immediate steps to have that confidential filed under seal and file public documents with the confidential information redacted. The court has ord ered the clerk of the court to seal the Declaration of Jade Luong filed February 15, 2024 in the interim to protect plaintiff's privacy. California law strongly favors arbitrati...

Excerpt: ...d final order submitted on February 9, 2024. The court modifies Local Rule 3.403(b)(iv) (amended effective January 1, 2024) regarding the wording of proposed orders. Plaintiff shall submit an order which incorporates the tentative and the non -contradictory language in the submitted proposed order. On October 31, 2023, the court granted preliminary approval to this class and PAGA (Private Attorney General Act) settlement. The action alleges wag...

Excerpt: ...efendants do not o ppose a motion on the good faith issue, a barebones motion which sets forth the ground of good faith, accompanied by a declaration which sets forth a brief background of the case is sufficient. (City of GrandTerrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261.) The Court has reviewed Defendants' counsel's declaration and the attached exhibits, and finds that the settlement meets the criteria for good faith settlement un...

Excerpt: ...al Notice is GRAN TED. (Evid. Code Sect. 452(d).) Plaintiff's request to “strike” the entirety of CalTrans' Memorandum of Costs is DENIED. Plaintiff seeks to strike, in its entirety, Defendant CalTrans' Memorandum of Costs, filed Jan. 23, 2024, or alternatively, to tax the costs claimed therein. CalTrans' Memorandum of Costs seeks total costs of $15,089.20, consisting of $11,639.20 in deposition costs (subpoenas seeking Plaintiff's medical r...

Excerpt: ...otion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious de fense, it is not only error but an abuse of discretion.” (Morgan v. Superior Court (1959) 172 Cal.App.2d 527, 530.) Plaintiff's motion is timely and in compliance with the ...

Excerpt: ...Judicial Noti ce is GRANTED as to all items. Initially, the court notes that the moving parties have not provided the address for the hearing. Department 4 is located at the Central Courthouse, Courtroom G, 800 North Humboldt St., San Mateo, CA 94401. (See Cal. Rules of Court, rule 3.1110 [the notice “must specify” the location of the hearing].) The moving parties must contact Plaintiffs Nathaniel Basola Sobayo and Elizabeth Basola Shoaga by ...

Excerpt: ...s a whole, wi th a view to substantial justice between the parties. (Code Civ. Proc., § 452; Saxer v. Philip Morris Inc. (1975) 54 Cal.App.3d 7, 18.) The demurrer admits the truth of all material facts properly pleaded (i.e., all ultimate facts alleged, but not conten tions, deductions or conclusions of fact or law). (Aubry v. Tri -City Hosp. Dist. (1992) 2 Cal.4th 962, 966- 967.) Courts have repeatedly recognized that where a plaintiff “ "...

Excerpt: ...Superior Court (1991) 230 Cal.App.3d 173.) In order to obtain a writ of possession though, plaintiff must show that he has the right to immediate possession of tangible personal property, and that the property is being wrongfully detained by Defendant. (Code Civ. Proc., § 512.010, subd. (b)(1), (2).) In this case, there is conflicting evidence as to who is Figo's owner. Plaintiff claims that he is Figo's owner. (Plaintiff's Decl., and attached ...

Excerpt: ...as it relates to a motorhome vehicle plaintiffs purchased from defendant. As part of the purchase process, the parties agree there is contained in the agreement of purchase a forum selection and choice -of -law clause providing that exclusive jurisdiction for deciding le gal disputes relating to the warranty shall be within the state or federal courts of Ohio, and that Ohio law will apply. (Declaration of Rick March, Ex. B at page 2.) Defendant n...

Excerpt: ...hearing. Depa rtment 4 is not located in Redwood City as the notice states, but instead at the Central Courthouse, Courtroom G, 800 North Humboldt St., San Mateo, CA 94401. (See Cal. Rules of Court, Rule 3.1110 [the notice “must specify” the location of the hearing].) A. Legal Standard on Motion to Determine Good Faith Settlement Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co -obligors on a ...

Excerpt: ...e court DENIE S the motion for summary judgment. In order to prevail on a motion for summary judgment, the moving party must demonstrate that “there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (C ode Civ. Proc., § 437c, subd. (c).) In this motion, plaintiff has failed to provide any argument concerning the second cause of action for account stated or third cause of acti...

Excerpt: ...��led, defe ndant had not yet made an appearance; thus the motion did not need to be served on defendant. (Code Civ. Proc., § 1014.) Defendant filed an answer on March 1, 2024. Therefore, Liberty shall by 4:00 p.m. on March 18, 2024 provide notice to defendant of this motion and provide the tentative ruling. If defendant wishes to oppose the motion, she has until 10:00 a.m. on March 19, 2024 to notify the court and all parties of her intent to ...

Excerpt: ..., rule § 3.1700(b).) A verified memorandum of costs is a prima facie evidence of the propriety of the items listed on it. (Adams v. Ford Motor Co. (2011) 199 Cal.App.4th 1475, 1487.) “If the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs to show that were not reasonable or necessary. On the other hand, if the items are properly objected to, they are put in issue and the burden of pr...

Excerpt: ... cour t strongly suggests that the parties engage in mediation with a private mediator experienced in these type of disputes or some other form of ADR. Plaintiff Puja Gupta's Request for Judicial Notice is GRANTED as to items nos. 1 –5 as to the existence of the documents as court records but not as to “the truth of matters stated therein.” (Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal.App.4th 1366, 1375 (Herrera).) Defendant ...

Excerpt: ...d at the Central Courthouse, Courtroom G, 800 North Humboldt St., San Mateo, CA 94401. (See Cal. Rules of Court, rule 3.1110 [the Notice “must specify” the location of the hearing].) Any party contesting the tentative ruling is to give notice to all other parties of the address for the hearing. Secon d, plaintiff failed to file a declaration that complies with Code of Civil Procedure section 430.41, subdivision (a)(3), showing that the parti...

Excerpt: ...ly Bil l 218 (“A.B. 218”) and became effective January 1, 2020. (See former Code. Civ. Proc., § 340.1, repealed by Stats. 2022, c. 444 (A.B. 2959), § 1, eff. Jan. 1, 2023, and then repealed by Stats. 2023, c. 655 (A.B. 452), § 1, effect. Jan. 1, 2024.) The Dist rict previously brought a motion for judgment on the pleadings to the second amended complaint arguing that A.B. 218 was unconstitutional. The court denied this motion, finding tha...

Excerpt: ... 64.6. The parties settled this case in 2021 and agreed that the court should retain jurisdiction pursuant to Code of Civil Procedure section 664.6. (Ex. 1 to the Request for Dismissal filed April 5, 2021, ¶ 11.) The parties' Stipulation states at parag raph 1 that plaintiff and defendant agree that in the event of a breach, judgment shall be entered in favor of plaintiff and against defendant in the sum of $11,840.25 plus costs of suit and pre...

Excerpt: ...notice of entry of the order. (Code Civ. Proc. § 2025.410, subd. (d).) The court GRANTS both parties' request for judicial notice, but not for the truth of the matters within the documents. A party to litigation has the right to obtain information to support hi s or her claims or defenses. That right is broad. (Code Civ. Proc. § 2017.010, Gonzalez v. Superior Court (1995) 33 Cal.App.4th 1539, 1546.) The right is not without limits and as Farrel...

Excerpt: ... roduction of documents (RFPs). The court GRANTS plaintiff's request for judicial notice (“RJN”). (Evid. Code, § 452, subd. (d).) However, the court only takes judicial notice that Commissioner Mau held an informal discovery conference (IDC) on December 4, 2023 and there are minutes from the IDC. As much as this court respects Commissioner Mau and the decision he makes, the statements that he or any judicial officer makes during an IDC are n...

Excerpt: ...itted on February 8, 2024. The court modifies Local Rule 3.403(b)(iv) (amended effective January 1, 2024) regarding the wording of proposed orders. Plaintiff shall submit an order which incorporates the tentative and the non- contradictory language in the submi tted proposed order. On August 29, 2023, the court granted preliminary approval to this class and PAGA (Private Attorney General Act) settlement. The court stated in its tentative and ado...

Excerpt: ...itted on January 26, 2024. The court modifies Local Rule 3.403(b)(iv) (amended effective January 1, 2024) regarding the wording of proposed orders. Plaintiff shall submit an order which incorporates the tentative and the non- contradictory language in the submi tted proposed order. On August 23, 2024, the court granted preliminary approval to this class and PAGA (Private Attorney General Act) settlement. This case is the third case involving sim...

Excerpt: ...urt DE NIES defendant's request for judicial notice. It is unclear if the parties satisfied the requirements to have an Informal Discovery Conference, but if the requirement has not been met, the court waives the requirement since the parties have had multiple c onferences with the civil commissioner. The court notes that the parties raise several collateral issues in their briefing. In ruling on the motion, the court only considered facts rele...

Excerpt: ...ding o f proposed orders. The court will sign the proposed order submitted on February 9, 2024 with the date of the hearing changed to February 21, the date for the final approval hearing filled in, and any other changes that are appropriate based upon this tentative. The court adopts the language in the proposed order as part of its tentative ruling. The proposed order shall be submitted electronically through the clerk's office. On January 30...

Excerpt: ...nce Þnding that the declaration o Marc D. Bender provides a oundation or his expertise o opining on the reasonableness o ees, his criticisms are relevant and there is su
¯icient oundation or his opinions. The act that he does not have personal knowledge is irrelevant to his opinions. The court considers his declaration in the context o its own knowledge o the acts o this case. Deendants contend that the attorneys' ees provision d...

Excerpt: ...plainant Bernice Turner's operative First Amended Cross-Complaint (“FACC”) alleges three causes of action against Cross-Defendants, including Cross-Defendant Mortgage Lender Services, Inc. (“MLS”): (1) negligent misrepresentation, (2) negligence, and (3) unfair business practices. MLS demurs to all three causes of action on grounds of failure to state a claim. A demurrer tests the legal su
¯iciency of the pleadings, raising issues of law...

Excerpt: ...ition for Writ of Mandate of Plainti
¯/Petitioner City of Millbrae (“Millbrae”) is ruled on as follows: In making this ruling, the Court has also reviewed the response Þled on behalf of Interested Party Yes In My Back Yard. Demurrer to the Fourth Cause of Action for Injunctive Relief is SUSTAINED WITHOUT LEAVE TO AMEND. As the Court previously found in denying Millbrae's request for a preliminary injunction, Millbrae's lawsuit is a validati...

Excerpt: ...d September 28, 2023. Plainti
¯ was on the stand for about a day. On November 17, 2023, the court issued a Tentative Decision and Proposed Statement of Decision Þnding in favor of defendant and against plainti
¯ on her a
¯irmative claims and denying defendant restitution based on unjust enrichment on his a
¯irmative claim. The court did not believe that oral argument was necessary and no party requested oral argument. On November 30, 2023, t...

Excerpt: ...issuing a comprehensive tentative ruling held a hearing on plainti
¯s/petitioners' motion for attorneys' fees pursuant to Code of Civil Procedure section 1021.5, which the court granted in part. The court deleted some fees, reduced the hourly fees for some work, and allocated certain fees between the parties. After the hearing, the parties were to meet and confer on these issues and plainti
¯s were to submit to the court a proposed order showin...

Excerpt: ...epresenting him in this action—he is representing himself. Pursuant to the law, it is improper for a non-attorney to represent another in litigation. (Bus. & Prof. Code, § 6125 [“No person shall practice law in California unless the person is an active licensee of the State Bar.”]; Birbrower, Montalbano, Condon & Frank v. Superior Court (1998) 17 Cal.4th 119, 128-130 [interpreting section 6125 regarding the practice of law in California]; ...

Excerpt: ...reof pursuant to Code of Civil Procedure section 435, subsection (b)(1). Such a motion may be made to strike out any irrelevant, false, or improper matter inserted in any pleading, or to strike out all or any part of any pleading not drawn or Þled in conformity with the laws of this state, a court rule, or an order of the court. (Code Civ. Proc., §436.) For an allegation of punitive damages to survive a motion to strike, the pleading must alleg...

Excerpt: ... Class Action and PAGA Settlement provided the parties address the court's ollowing concerns. The Response Deadline shall be 60- days rom initial mailing or re-mailing and opt out, dispute over workweek calculations, or objections shall be postmarked by this deadline. The proposed Settlement Administrator, Phoenix Settlement Administrators, shall Þle a declaration o its qualiÞcations to administer the settlement. The parties shall select a ...

Excerpt: ...r to demonstrate that the arguments that defendants County of San Mateo, Child Protectve Services of San Mateo, and Children and Family Services of County of San Mateo's (collectively County) make apply to them. Defendant County's arguments regarding the Bane Act, however, apply equally to the Navarras. However, the court's own research shows that the Navarras are not in the same position as the County. (Health & Saf. Code, S 1527.6, subd. (d)(l)...

Excerpt: ...nding The demurrer to the first through third causes of action for lack of standing is sustained. The first cause of action (negligent misrepresentation) alleges that Cross- defendant made false representations in order to avoid the protections afforded a mortgage loan borrower under Civil Code section 2923.5. (FACC 64.) The second cause of action (negligence) alleges that Crossdefendant violated the Truth in Lending Act, the Real Estate Settleme...

Excerpt: ...nd she has not opposed the motion. On September 7, 2021, plaintiff, who was then represented by counsel, filed her complaint. On June 27, 2022, her counsel filed a motion to be relieved of counsel based upon the fact he was unable to communicate with her and she had been non- responsive. Plaintiff failed to oppose the motion, which motion the court granted on August 16, 2022. On September 16, 2022, plaintiff's former counsel provided notice of en...

Excerpt: ...n Haskell shall file their answer(s) pursuant to the Code of Civil Procedure and California Rules of Court. The court notes that on October 10, 2023, in ruling on the prior demurrer, the court stated that the action was still classified as an unlawful detainer action and, if plaintiff wanted to reclassify the action because it had possession of the property, it must take action to have the case reclassified. Plaintiff has not moved to reclassify ...

Excerpt: ...rrer, 4:7-18.) In order to prevail on a cause of action for breach of contract, a plaintiff must prove (1) the contract, (2) the plaintiffs performance of the contract or excuse for nonperformance, (3) the defendant's breach, and (4) the resulting damage to the plaintiff( Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186.) Existence of Contract Plaintiff and defendant jointly purchased the property located at 1326 Kentfield Ave, Redwood City, ...

Excerpt: ...judication. One motion is scheduled for January 16, 2024 and one motion is scheduled for January 30, 2024. The court advances the January 30, 2024 moton to January 16, 2024. Defendant has previously brought motions to seal, which the court has granted without objection. Similarly, in these two motions to seal, defendant seeks to seal private information about former and current employees and confidential business information. For the same reason ...

Excerpt: ...ARY 9, 2024 AT 2:00 P.M. RATHER THAN JANUARY 2, 2024. IF THE COURT DOES NOT RECEIVE NOTICE THAT THE TENTATIVE IS CONTESTED, THEN THE TENTATIVE WILL BE ADOPTED AT THE JANUARY S, 2024 HEARING. PLAINTIFF PROVIDED NOTICE THAT HE IS CONTESTING ON JANUARY 1, 2024. The instant action turns on Plaintiff's allegations surrounding a motor vehicle crash and the resultant injuries Plaintiff suffered. Defendant now moves to compel responses to the thirteen re...

Excerpt: ...ntral Courthouse, Department G, 800 North Humboldt St., San Mateo, CA 94401. (See Cal. Rules of Court, Rule 3.1110 [the Notice "must specify" the location of the hearing].) Since defendant is in pro per, plaintiffs are to contact defendant by 4:00 p.m. on January 8, 2024 to provide him with the proper location for the hearing. Zoom appearances are allowed. The court also notes that plaintiff's motion does not comply with the requirements of Calif...

Excerpt: ...e the Clerk's Judgments and Set a New Trial (motions to vacate). Plaintiffs and third-party California Department of Industrial Relations, Division of Labor Standards Enforcement, Labor Commissioner object. Initially, the court notes that Manalo has provided the improper address for the hearing. Department 4 is not located in Redwood City as the notice states, but instead at the Central Courthouse, Department G, 800 North Humboldt St„ San Mateo...

Excerpt: ...een the parties. (Code of Civ. Proc., S 452; Saxer v. Philip Morris Inc. (1975) 54 Cal.App.3d 7, 18.) The demurrer admits the truth of all material facts properly pleaded (i.e., all ultimate facts alleged, but not contentions, deductions or conclusions of fact or aw). (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 952, 966-967.) The court grants defendant's request for judicial notice. ((Lockhartv. MVM, Inc. (2009) 175 Cal.App.4th 1452, 1460 [ju...

Excerpt: ...y Fried shall provide further responses to Special Interrogatories, Set Three, nos. 35, 37, 38 (partial) and 42 and Requests for Production, Set Three, nos. 17, 19, and 22 no later than February 6, 2024. Plaintiff Daniel Jay Fried shall produce all documents responsive to Requests for Production, Set Three, nos. 17, 19, and 22 no later than February 6, 2024. As a preliminary matter, this motion was previously set to be heard on December 19, 2023....

Excerpt: ...of service of the Order Shortening Time ("OST") as ordered. However, Defendants filed a substantive opposition, and do not raise any issue regarding Plaintiff's failure to serve the OST. Therefore, it appears Defendants received adequate notice of this Motion and the OST. Plaintiff is reminded to comply with such service requirements in the future or else the Court may be inclined to deny the Motion for failure to establish proper service. "The c...

Excerpt: ...8:104, 18:106 (Oct. 2023 update).) On November 30, 2023, defendants timely filed a notice of intention to move for a new trial which lists six grounds for a new trial: "1. Irregularity in the proceedings of the court, jury or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial. 2. Accident or surprise, which ordinary prudence could not have guarded against. 3. Newly discover...

Excerpt: ...ES BY 4:00 P.M. ON FRIDAY, DECEMBER 29, 2023, BUT THE ORAL ARGUMENT WILL BE JANUARY S, 2024 AT 2:00 P.M. RATHER THAN JANUARY 2, 2024. IF THE COURT DOES NOT RECEIVE NOTICE THAT THE TENTATIVE IS CONTESTED, THEN THE TENTATIVE WILL BE ADOPTED AT THE JANUARY 9, 2024 HEARING. The Motion of Plaintiffs/cross- Defendants Thomas Robert arouchoud and Lynda Elaine Flores arouchoud, Trustees of the Thomas Robert Brouchoud and Lynda Elaine Flores Brouchoud Tru...

Excerpt: .... IF THE COURT DOES NOT RECEIVE NOTICE THAT THE TENTATIVE IS CONTESTED, THEN THE TENTATIVE WILL BE ADOPTED AT THE JANUARY 9, 2024 HEARING. The Motion of plaintiffs/Cross-Defendants Thomas Robert Brouchoud and Lynda Elaine Flores Brouchoud, Trustees of the Thomas Robert Brouchoud and Lynda Elaine Flores Brouchoud Trust Dated August 27, 2004 ("Plaintiffs") to Tax the Costs Memorandum by Defendants/crosscomplainants Aldo L. Milani, Paul M. Hunter, L...

Excerpt: ... TENTATIVE WILL BE ADOPTED AT THE JANUARY 9, 2024 HEARING. The instant action turns on Plaintiff's allegations surrounding a motor vehicle crash and the resultant injuries Plaintiff suffered. Defendant now moves to compel responses to the thirteen requests for production that make up Defendant's Request for Production of Books, Documents, and Other Things, Set Two. (Ex. A to Notice of Motion Compelling Compliance under Code of Civil Procedure sec...

Excerpt: ...y sanctions against plaintiff Daniel Jay Fried's counsel and the court GRANTS plaintiff Daniel Jay Fried's motion for leave to augment his expert designation on the following conditions: (1) Joseph R. Pohlot be made available no later than January 3, 2024 and plaintiff pay the cost for an expediated deposition transcript (responsible only for the cost associated with the expediated amount); (2) defendant may designate its own expert economist no ...

Excerpt: ...ourt repeats the tentatve issued on December 11, 2023: The court rules on plaintiff Delma Jefferson's motion for leave to file an amended complaint (Plaintiff moves to file a "Second" Amended Complaint, but the record shows that no First Amended Complaint is on file) as follows: Defendant Brayan Perez properly objects that plaintiff failed to provide proper notice yet also responded substantively on the merits. A defendant who does not receive pr...

Excerpt: ...location of the hearing].) The parties should be aware that the Hon. Nancy L. Fineman, Department 4 is located at the Central Courthouse, Department G, 800 North Humboldt St., San Mateo, CA 94401. The court provided this information to the parties through the tentative ruling for the April 4, 2023 hearing and the hearing's minutes. Defense counsel is ordered to contact plaintiff by 4:00 p.m. on Monday, December 18, 2023 to provide the proper loca...

Excerpt: ...e regular law and motion calendar, if the court determines that the parties need more time for argument, the court will set another hearing for further briefing. One party has called Department 4 about a power point presentation and, if time allows, the court has no objection to such a presentation. Defendants seek judgment on the pleadings. By stipulation, the parties agreed that this motion is the "proper procedural vehicle to resolve the issue...

Excerpt: ... many of its vehicles, including a vehicle sold to Plaintiff, thereby fraudulent concealing a material defect in the vehicles and putting Plaintiff and other consumers at increased risk. AHM demurs to the second cause of action in the Complaint, fraudulent concealment, on the following grounds: (1) failure to state a cause of action because Plaintiff has not adequately alleged that AHM owed Plaintiff a duty of disclosure; (2) uncertainty, unintel...

Excerpt: ...cause of action and are uncertain. (Notice at p. 2 citing Code Civ. Proc., S 430.10, subd. (e),(f).) The court agrees. The court first notes that the proofs of service ("POS") of defendant's demurrer, supporting documents and reply do not include plaintiff's zip code although plaintiff includes it in the complaint and the zip code is in the court file. The United States Post Office explains that zip code delays delivery. (https://faq.usps.com/s/a...

Excerpt: ... As a preliminary matter, the First Amended Complaint (the "FAC") included a fourth cause of action for civil conspiracy in violation of the Court's order granting leave to amend. The cause of action was not included in the prior Complaint, and Gibbs was given leave to amend only to assert a personal claim for damages identified in the Complaint's first three causes of acton. (Aug. 22, 2023 Order.) While the fourth cause of action is therefore su...

Excerpt: ...bitration Provision) (RJN, Ex. A); (2) Costco Member Offer Program 4Q 2020 Incentive, Customer - Dealer Agreement and Pricing Sheet (Ex. B); and (3) 2020 Traverse FWD LS Vehicle Window Label ("Monroney Sticker") (Ex. C). (Evid. Code S 452, subd. (h).) None of the requested documents are referred to in the Complaint. (Contra RJN, p. 1:12-16 (citing to Complaint "1 14, 16, 48, 51, 53, 59, 61—62, 65, 71, 91, 109, 113).) The Court finds distinguish...

Excerpt: ..., and DENIES the request as to Exhibit 2. The court notes that the notice to the demurrer is not signed, plaintiff does not object and the court finds the error nonconsequential. Counsel though is reminded to make sure that all pleadings are signed. 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...

Excerpt: ... Morgan Hill v. Brown (1999) 71 Cal.App.4th 1114, 1126.) First, the court determines whether plaintiff may bring the action and force the claimants to interplead. (ld. at pp. 1126-1127.) Second, if it is so determined, then the court discharges plaintiff and then determines the rights of the various claimants to the property deposited with the court. (ld. at p. 1127.) In this case, Plaintiff has not demonstrated that all Defendants have answered ...

Excerpt: ...motion for leave to file an amended complaint (Plaintiff moves to file a "Second" Amended Complaint, but the record shows that no First Amended Complaint is on file) as follows: Defendant Brayan Perez properly objects that plaintiff failed to provide proper notice yet also responded substantively on the merits. A defendant who does not receive proper notice is in a difficult position. (Robinson v. Woods (2008) 168 Cal.App.4th 1258, 1267-1268 [dis...

Excerpt: ...PEAR (Zoom appearance is acceptable), and if possible, their clients should be available for consultation. By ex parte application, the court put this motion on calendar on shortened time. Due to Judge Fineman's mistake, she put the date for opposition as the date of the hearing. The court appreciates counsel for defendants Yafei Liu, Chao Liu and Zhiying Qui (collectively opposing defendants) filing their opposition on December 5, 2023. If any o...

Excerpt: ...ss-Defendants Route Advisors, Miriam Liang, and Joe Liang. (Code Civ. Proc., S 418.10.) Route Advisors and the Liangs did not waive the right to challenge personal jurisdiction. Crosscomplainants ZRa',' Transportation, Inc. and Araceli Avellaneda argue that by filing a demurrer together with a motion to quash service of Summons, Route Advisors and the Liangs have made a general appearance, and thus have waived the right to challenge personal juri...

Excerpt: ...ded to the Court, preferably at the time that the notice of motion and other motion papers are filed. At the outset, the Court is hard-pressed to evaluate the merits of the motion without first being able to determine that service was proper, as service and notice are so fundamental to concepts of due process as to be deemed jurisdictional in nature. (Oats v. Oats (1983) 148 Cal.App.3d 416, 420.) Plaintiff's opposition brief rests solely on the i...

Excerpt: ...ositions, and matters of which judicial 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; thus, the court ...

Excerpt: ...RTIES BY 4:00 2M. ON MONDAY, NOVEMBER 27, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO DECEMBER 5, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE DECENBER 5, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON NOVEMBER 28, 2023. DEFENDANT PROVIDED NOTICE THAT SHE IS CONTESTING. For the reasons stated below, defendant Kathryn Castricone's demurrer, filed 10-13-23, which is...

Excerpt: ...PTED AT THE DECEMBER 5, 2023 HEARING. Defendant Bren Farrell's Demurrer to the Second Amended Complaint ("SAC") is OVERRULED as to the first through sixth causes of action. (Code Civ. Proc. S 430.10, subd. (e), (f), (g).) Defendant's request for judicial notice of the Complaint, First Amended Complaint and Second Amended complaint is GRANTED, BUT NOT FOR THE TRUTH OF THE MATTERS ASSERTED THEREIN. Plaintiff's request to file a Notice of Errata to ...

Excerpt: ...is unlawful detainer Complaint is defective. The Complaint alleges that Defendants' tenancy is exempt from the Tenant Protection Act of 2019 ("Act") based on Civil Code section 1946.2(e)(8). Defendants argue that section 1946.2(e)(8) only applies to residential real property "that is alienable separate from the title to any other dwe ling unit." Since the notice includes "Unit #1" in the property address, Defendants contend that this reference to...

Excerpt: ...intiff's motion for approval of a settlement of claims brought pursuant to the Private Attorney General's Act (PAGA). On October 24, 2023, plaintiff's counsel submitted a renewed motion for an order approving the settlement, including supplemental declaration addressing the court's concerns. In ruling on settlements involving PAGA claims, this court has a duty to independently determine whether a settlement is fair, reasonable and adequate. (Moni...

Excerpt: ...D. As a preliminary matter, the Notce of Application and Hearing incorrectly lists the address of the Court. Hearings for Department 4 are held at 800 North Humboldt Street in San Mateo, California 94401. On the merits, the unopposed application satisfies all procedural requirements, and its supporting declarations and documentary evidence are sufficient to find all the facts prerequisite to the issuance of a right to attach order and writ. First...

Excerpt: ...he court regardless of whether the arbitrator determines arbitrability. (Code of Civ-l Proc„ S 1281.2, subd. (a); Omar v. Ralphs Grocery Co. (2004) 118 Cal.App.4th 955, 961- 964.) To prove waiver, plaintiff must show (1) knowledge of an existing right to compel arbitration; and (2) intentional acts inconsistent with that existing right. (Hill v. Xerox Business Services, LLC (9th Cir. 2023) 59 F.4th 457, 468.) In taking into account the totality...

Excerpt: ...TING PARTY MUST NOTIFY DEPARTMENT FOUR AND ALL OTHER PARTIES BY 4:00 P.M. ON MONDAY, NOVEMBER 27, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO DECEMBER 5, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE DECENBER 5, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON NOVEMBER 28, 2023. PLAINTIFF PROVIDED NOTICE THAT HE IS CONTESTING. Plaintiff's Mohon to Compel Further Resp...

Excerpt: ... ADOPTED AT THE DECEMBER 5, 2023 HEARING. Defendant uber Technologies, Inc.'s ("Uber") Motion to Seal, filed 10-20-23, is GRANTED. (Cal. Rules of Court ["CRC"], Rules 2.550(d); 2.551). Uber's Motion seeks to seal the following two documents: • Unredacted Declaration of Matthew J. Michelsen in support of Motion to Enforce Settlement (lodged on 10-25-23); unredacted Memorandum of Points and Authorities in support of Motion to Enforce Settlement (...

Excerpt: ...O DECEMBER 5, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE DECENBER 5, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON NOVEMBER 28, 2023. Plaintiff's Moton to Compel Further Responses to Form Interrogatories, Set Two, is DENIED for the reasons set forth below. Plaintiff served Defendant Rosie Elena Rivera with his first set of form interrogatories, which included which Form Int...

Excerpt: ... as follows: The court OVERRULES the demurrer on uncertainty grounds. Defendants raise this ground in their demurrer, but fail to discuss it in their brief. "The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced." (Cal. Rules of Court, rule 3.1113(b); Fenton v. Groveland Community Services ...

Excerpt: ...ice of entry of order. Irene Lopez Perez ("Perez") moves here for leave to intervene in this matter regarding disputed title to a mobile home (the "Property") and file her proposed complaint in intervention. (See Oct. 4, 2023 Motion, pp. 9—27.) A. Legal Standard on Intervention A nonparty may petition a court for leave to intervene by filing a noticed motion that includes a copy of the pleading in intervention and sets forth the grounds on whic...

Excerpt: ...osition to an unlawful detainer summary judgment motion may be made in writing until the court day before the hearing, or orally at the time of hearing pursuant to California Rules of Court, rule 3.1351(b), (c). The parties shall APPEAR. According to the complaint, defendants agreed to rent the premises at 408 C Street, #2, South San Francisco, CA 94080 and they failed to pay rent but continue to hold over even after service of the three- day not...

Excerpt: ...TIVE IS CONTESTED, THE CONTESTING PARTY MUST NOTIFY DEPARTMENT FOUR AND ALL OTHER PARTIES BY 4m P.M. ON MONDAY, NOVEMBER 6, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO NOVEMBER 14, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE NOVEMBER 14, 2023 AT P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON NOVEMBER 7, 2023. PLAINTIFF PROVIDED NOT CE THAT HE IS CONTESTING. The court denies p...

Excerpt: ...AY, NOVEMBER 6, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO NOVEMBER 14, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE NOVEMBER 14, 2023 AT P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON NOVEMBER 7, 2023. The court rules on plaintiff Michael Joseph Barrett's moton to compel further responses to plaintiff's form interrogatories, set 3 from defendant Jorge Morales and to strike o...

Excerpt: ... Pacifica, LLC, Vistamar Development, and Javier Chavarria's (real parties) motion to vacate order granting attorney's fees, filed October 2, 2023 pursuant to Code of Civil Procedure section (the notice states section 633, but the motion states 663, which is the statute dealing with motions to vacate judgment), which seeks to vacate, in part, the Court's August 29, 2023 minute order granting (in part) petitioners' motion for attorney's fees pursu...

Excerpt: ...rt, rule 1312 and exercising its discretion. The court starts its analysis with the well- established law that trial dates are firm. "To ensure the prompt of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain." (Cal. Rules of Court, rule 3.1332.) "It is the duty of the trial court to vigorously insist upon cases being heard and decided in the most timely manner unless ...

Excerpt: ... to comply with court orders compelling discovery, including ordering him to appear at deposition, which has resulted in evidence sanctions, and failed to pay monetary discovery sanctons. This court has already issued the following sanctons against defendant: 1. A June 2, 2022 Order compelling further responses to request for production, form interrogatories, and request for admissions, and ordering sanctions of and a January 10, 2023, Order impo...

Excerpt: ...d the motion until October 31, 2023, five days after the stay is lifted. If the bankruptcy stay is still in effect at the time of the hearing, the court will take the motion off calendar for plaintiff to re-noäce the motion. The court's tentative is to GRANT plaintiff's motion for summary judgment. (Code of Civ. Proc., S 437c.) This is the same tentative that the court issued for the October 17, 2023 hearing. Code of Civil Procedure section 437c...

Excerpt: ... remaining defendant in the action. According to the Complaint, defendant agreed to rent the premises on or about November 24, 2014, pursuant to a written rental agreement with plaintiff's predecessor-in-interest, at a monthly rent of $2,51N03, she has failed to pay rent but continues to hold over even after service of the three-day notice to quit or cure. On September 7, 2023, the court entered an order deeming admissions admitted and for sancto...

Excerpt: ...volving class and PAGA claims, this Court has a duty to independently determine whether a settlement is fair, reasonable and adequate. (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 76—77 ["trial court should evaluate a PAGA settlement to determine whether it is fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws." ] ; Kulla...