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: ...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: ...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: ... (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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...��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: ...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...