Excerpt: ...61 Cal.4th 435, 441; Health and Safety Code § 50003(a). The First Amended Petition alleges facts demonstrating the City's efforts to mitigate the housing crisis in its city. As has become increasingly frequent, solutions to solving the housing crisis comes into potential conflict with policies protecting the environment. In 1970, the California Legislature enacted the California Environmental Quality Act (CEQA), Public Resources Code § 21000 et...

Excerpt: ..., Garcia et al. v. Citibank N.A., San Diego Superior Court Case No. 37‐ 2022‐00005196 (“San Diego case”, and Monasterio v. Citibank, N.A., San Mateo Superior Court Case No. 20Civ03650 (“San Mateo case”) should be coordinated pursuant to Code of Civil Procedure section 404 et seq. As a preliminary matter, the Court finds that the actions are complex. They are both wage‐andhour PAGA (Private Attorney General Action) cases. When simila...

Excerpt: ... privacy is the provision's central concern. (Hill v. National Collegiate Athletic Assn. (1994) 7 Cal.4th 1, 35.) In Hill, we established a framework for evaluating potential invasions of privacy. The party asserting a privacy right must establish a legally protected privacy interest, an objectively reasonable expectation of privacy in the given circumstances, and a threatened intrusion that is serious. (Id. at pp. 35–37.) The party seeking inf...

Excerpt: ...sed on: (1) an open book, (2) an account stated, (3) goods sold and delivered, and (4) an account extended. However, Plaintiff's memorandum of points and authorities in support of the motion attempts to demonstrate that Plaintiff has established claims for (1) an open book, and (2) an account stated. (MPA, p.5‐7; see also Proposed Judgment) Accordingly, because Plaintiff has addressed only two of its claims, Plaintiff has not demonstrated it is...

Excerpt: ...t repeats its tentative from the September 20 and November 1, 2022 hearing: The Hon. Nancy L. Fineman discloses that she received via regular mail a letter dated August 19, 2022 from Defendant to the Commission on Judicial Performance, which was not served on Plaintiff. The referenced attachments were not enclosed. The special motion to strike, filed by Cross‐defendant Portfolio Recovery Associates, LLC, is GRANTED as to the entire cross‐comp...

Excerpt: ... Sect. 430.10(e). First Cause of Action (“Violation of Due Process: 42 U.S.C. 1983”) As to First Cause of Action alleging a “Violation of Due Process: 42 U.S.C. Sect. 1983,” the Demurrer is SUSTAINED. Code Civ. Proc. Sect. 430.10(e). First, Plaintiff's Opposition does not appear to meaningfully address this cause of action, or respond to Defendants' contention that the claim is time‐barred. Instead, the Opposition appears to focus solel...

Excerpt: ...man”), Gail Suzanne Marie Teymourian, and2700 Middlefield Road LLC (collectively “Plaintiffs”) is DENIED. Procedurally, the Court notes that Plaintiffs' memorandum filed in support of the ex parte application and OSC is in excess of the fifteen‐page limit. (See Cal. Rules of Court Rule 3.1113(d).) Therefore, Plaintiffs are cautioned to comply with the page limit requirement in the future, or else the Court may not consider the entirety of...

Excerpt: ... are minor. For instance, Plaintiffs violated California Rule of Court 3.1350(b). Others are more substantial and have hindered the Court in reviewing the motion. For example, both parties violated California Rules of Court 3.1350(d)(3) by, at times, by failing to cite to specific pages. Plaintiffs also incorporate by reference facts set forth in their motion to class certification without specifying all specific pages. Plaintiff provide hyperlin...

Excerpt: ...et forth below. Pizziconi shall fill an amended complaint no later than ten (10) days after service of notice of entry of this order. California Rule of Court 3.1320(g); Code of Civil Procedure § 472b. Bylkylov's Request for Judicial Notice is GRANTED. By this Demurrer, Bylkylov demurs to Pizziconi's Second Amended Complaint (the “SAC”) on the basis that the complaint as a whole and the second through fifth causes of action therein fail to s...

Excerpt: ... that under the facts of this case, Martin‐Bragg v. Moore (2013) 219 Cal.App.4th 367 requires a stay of this proceeding because if Defendant is successful in Guichang Tian v. Microcredit Loan Fund, San Mateo Case No. 21Civ06731, Plaintiff will not have standing to prosecute this case. Plaintiff attempts to distinguish the case from this proceeding, pointing to the fact that the defendant in that case claimed title for himself while Defendants c...

Excerpt: ...rounds on which Defendant brings his motion, must be made “within a reasonable time, in no case exceeding six months” after judgment is entered. (Code of Civ. Proc. § 473(b).) Judgment for possession and judgment for damages were entered on December 19, 2014, and June 10, 2015, respectively. Defendant filed this motion November 22, 2022, more than six months after entry of both judgments. Further, Defendant's having filed a Motion to Tax Cos...

Excerpt: ...on as required for contract and business interference and failed to alleged an independently wrongful act as required for intentional and negligent interference with prospective economic relations. Order Sustaining Demurrer to Second Amended Complaint filed August 30, 2022. Plaintiffs have filed the Third Amended Complaint adding a cause of action for negligent misrepresentation and additional facts based, inter alia, on deposition testimony of D...

Excerpt: ... in the First Amended Complaint by Plaintiff Mary Helena Celine Joseph, individually and as successorin‐interest to Gryselda Joseph (“Plaintiff”), is SUSTAINED WITH LEAVE TO AMEND based on failure to allege facts sufficient to support this claim. The elements of a claim for negligent entrustment of a motor vehicle are: (1) that the driver was negligent in operating the vehicle; (2) that the defendant owned the vehicle or had possession of t...

Excerpt: ... Civil Procedure section 2030.290, subdivision (c) authorizes a court to impose various sanctions prescribed under Code of Civil Procedure sections 2023.010 and 2023.030 on a party who fails to obey a court order compelling responses to interrogatories. (Code of Civ. Proc., § 2030.290, subd. (c) [all further references are to the Code of Civ. Proc. unless designated otherwise].) Section 2031.300, subdivision (c) authorizes the same with respect ...

Excerpt: ...e Civ. Proc. Sect. 430.10(e). Defendants' 11‐1‐22 unopposed Request for Judicial Notice is GRANTED. Evid. Code Sect. 452(d). As to court‐filed documents, the court takes judicial notice of their contents and filing dates, but does not take judicial notice of the truth of statements/allegations therein. The Court notes that after this Demurrer was filed, Plaintiff dismissed all named defendants except for demurring party Walgreen Co. (12‐2...

Excerpt: ... for hearing of the motion is less than 30 days before the date of trial – January 11, 2023 – and Plaintiff has not sought or obtained a determination that there is good cause to hear the motion less than 30 days before trial. Accordingly, Plaintiff's motion is procedurally defective under Code of Civil Procedure § 473c. Robinson v. Woods (2008) 168 Cal.App.4th 1258, 1268. Defendant seeks sanctions based on Plaintiff's failure to withdraw th...

Excerpt: ...rd Amended Complaint (“TAC”). Plaintiff filed the amended complaints in response to demurrers and motions to strike filed by Defendants before the Court could rule on any of the motions. Finally the demurrers came before this Court for ruling and on November 1, 2022, the Court issued tentative rulings for Defendants Laikun Lei and Kei Leung's demurrer and motion to strike the Third Amended Complaint (“TAC”). The Court granted the joinders...

Excerpt: ...sented by counsel. Defendant correctly pointed out that an entity must be represented in litigation by an attorney. Merco Constr. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 730; CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145; Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Bd. (2002) 99 Cal.App.4th 1094, 1101–1103. However, the rule does not deprive a corporation the right to be a party t...

Excerpt: ...017. The Court notes that the proof of service to the reply is not signed. The Court rules on Defendant John Cowan's Motion to Strike portions of Plaintiff Barbie Barrett M.D.'s 8‐31‐22 Complaint as follows. Emotional distress damages While generally, a lawyer does not assume or “create a duty to protect the client's emotional state,” Friedman v. Merck & Co. (2003) 107 Cal.App.4th 454, 472‐473, when “a plaintiff sufficiently alleges i...

Excerpt: ...rt rules on Defendant John Cowan's Demurrer to Plaintiff Barbie Barrett M.D.'s 8‐31‐ 22 Complaint as follows: Defendant demurrers to the First, Second and Fifth causes of action alleging that they do not state facts upon which relief can be granted because they are not pled with sufficient specificity and/or particularity. Code Civ. Proc. § 430.10(e). The rules for a demurrer are well known: In reviewing the demurrer, the Court construes the...

Excerpt: ...ton Ave., Belmont, Ca., is GRANTED‐IN‐PART and DENIED‐IN‐PART. The Application is GRANTED as to Parcel Nos. 043‐ 102‐170, 043‐102‐260, 043‐102‐270, and DENIED as to Parcel No. 043‐ 102‐180. Pending resolution of this case or until further Order from the Court, Defendants are HEREBY ENJOINED from conducting a foreclosure sale of Parcel Nos. 043‐102‐170, 043‐102‐260, 043‐102‐270. Background. The following facts a...

Excerpt: ...compelling further responses to an interrogatory if “[a]n answer to a particular interrogatory is evasive or incomplete.” (Code of Civ. Proc., § 2030.300, subd. (a).) By this Motion, the State of California (the “State”) seeks to compel a further response from Darkhan Bylkylov (“Bylkylov”) to Form Interrogatory No. 17.1 propounded in its second set of form interrogatories. The interrogatory requests, inter alia, that Bylkylov provide...

Excerpt: ...nstitute a defense to the complaint.” (Code of Civ. Proc. Section 438, subd. (c)(1).) The motion fails to make that showing. A. For Judgment on the Pleadings, a General Denial Overcomes a Properly Pleaded Complaint. The Judicial Council Form Complaint sufficiently pleads common counts for account stated, goods sold and delivered, money lent, and money paid. The next question is whether the Answer controverts the Complaint's allegations. Defenda...

Excerpt: ...ly pleads assignment from West Builders, Inc. to Museum Plaza LLC on its first two pages. Overruled. Second/Third, other parties may be found culpable with Steadfast. Thus, equitable indemnity and contribution claims are appropriate at the pleading stage. Further, as shown by CCP 877, culpability may be spread among a mix of tortfeasors and contract obligors. Overruled. Fourth, an insurer and insured have a "special relationship," but the insurer...

Excerpt: ...ve, for Summary Adjudication of the question of whether the Option Agreement between the parties was a loan.”]; see also Defendant's Memorandum.) However, the Court previously denied Defendant's motion for summary judgment to this same cause of action after Defendant argued that the Option Agreement was not a loan. (See Order filed July 18, 2022.) The Court found that a triable issue of material fact existed as to whether the transaction betwee...

Excerpt: ...on. Jamie Jacobs‐May (ret.). No hearing was required. (Marathon Nat. Bank v. Sup. Ct. (1993) 19 Cal.App.4th 1256, 1258.) A reconsideration motion must be "based upon new or different facts, circumstances, or law" and a valid reason for not presenting them earlier. (CCP SEC 1008; Gilberd v. AC Transit (1995) 32 Cal.App.4th 1494, 1500.) Plaintiff makes none of these showings. Rather, Judge Jacobs‐ May's 21‐page report makes clear that the obj...

Excerpt: ...(1990) 224 Cal.App.3d 1249, 1254–55 (additional IME's permitted upon showing of good cause). Plaintiff alleges that during a 2017 pickup volleyball game at Stanford University, Defendant picked Plaintiff up and accidentally dropped Plaintiff on the top of her head, causing Plaintiff severe injuries, including traumatic brain injury, concussion, jaw fracture, and osteomyelitis in her jaw (a bone infection). Since the 2017 incident, Plaintiff has...

Excerpt: ...9, 2022 from Defendant to the Commission on Judicial Performance, which was not served on Plaintiff. The referenced attachments were not enclosed. The special motion to strike, filed by Cross‐defendant Portfolio Recovery Associates, LLC, is GRANTED as to the entire cross‐complaint and each cause of action. Code of Civil Procedure section 425.16, the anti‐SLAPP statute (“strategic lawsuit against public participation”), is designed to pr...

Excerpt: ...ate steps to have the original Brotman Declaration removed from the Court file and replaced by a redacted copy. Even if Plaintiff does not believe that the document contains confidential information, she may not file documents designated by Defendant in the public court file. The Supreme Court has instructed trial courts to use the following framework in deciding discovery disputes that involve the privacy rights: The state Constitution expressly...

Excerpt: ...S OF ACTION Any Defendant, if the required meet‐and‐confer is unsuccessful, may challenge any new cause of action asserted in the Third Amended Complaint by subsequent motion/demurrer. JOINDER The joinder by Yafei Luu, Chao Liu, and Zhiying Qiu is GRANTED. DEMURRER ON FAILURE TO JOIN INDISPENSIBLE PARTIES Nianshun Construction Co., Ltd. has now been added as a plaintiff. Therefore, Defendants' argument that there is a failure to join it as an...

Excerpt: ...als. In entering a judgment, the Court must find in favor of one party. Kosta, Practice Under the California Environmental Quality Act §§ 23.117 et seq. The Court finds that Plaintiffs are the prevailing party and judgment should be entered in their favor. This finding includes taking into consideration that the parties have stipulated to dismiss the second cause of action. Plaintiffs and respondent City of Pacifica apparently agree that the Co...

Excerpt: ...��) demurs to the First Amended Complaint (the “FAC”) and each cause of action therein on the grounds of (1) uncertainty and (2) failure to state facts sufficient to constitute a cause of action. As a preliminary matter, Defendant did not offer any argument or authority regarding any uncertainty in the FAC, and thus the Court overrules the portion of the demurrer made on those grounds. (See Quantum Cooking Concepts, Inc. v LV Assocs., Inc. (2...

Excerpt: ... a duty to meet‐and‐confer in good faith. “The statute requires that there be a serious effort at negotiation and informal resolution. . . . Argument is not the same as informal negotiation; that attempting informal resolution means more than the mere attempt by the discovery proponent to persuade the objector of the error of his [or her] ways; and that a reasonable and good faith attempt at informal resolution entails something more than b...

Excerpt: ...pon the facts of this case. Costs of partition include “[r]easonable attorney's fees incurred or paid by a party for the common benefit.” (Code of Civ. Proc. § 874.010(a).) The Court can award attorneys' fees to a defendant who opposes partition. (Orien v. Lutz (2017) 16 Cal.App.5th 957, 967 citing Riley v. Turpin (1960) 53 Cal.2d 598, 601‐603.) The motion is properly brought post‐judgment. (Code of Civ. Proc. §§ 874.010, 1033.5(b).) P...

Excerpt: ...order this matter off calendar for noncompliance, the Court exercises its discretion to address the demurrer on the merits. The demurrer filed by MidFirst Bank is OVERRULED in its entirety. This Court believes, especially when the issue is one of law “that the integrity of the judicial process requires … [the Court] to subject every motion to review before granting it.” California Judge's Benchbook: Civil Proceedings Before Trial § 6.21 (T...

Excerpt: ...onco Re Corporation, a California Corporation; and Bre Cameron Creek, LLC, an Arizona Limited Liability Company (the “Fair Defendants”) is ruled upon as follows: This case was assigned to the Hon. Nancy L. Fineman due to the retirement of the judge who originally decided the SLAPP motion. As directed by the Court of Appeal in Case No. A160098, the Fair Defendants are entitled to their reasonable attorneys' fees and costs. A “prevailing defe...

Excerpt: ...brought against the authority shall be brought in a court of competent jurisdiction in the County of Sacramento.” Plaintiff opposes the motion on the grounds that venue is proper in San Mateo County pursuant to Code of Civil Procedure § 1250.020, which provides that, with respect to actions for eminent domain, “the proceeding shall be commenced in the county in which the property sought to be taken is located,” except “When property soug...

Excerpt: ...nt that ultimately could be granted approval by this Court at the final fairness hearing. Plaintiff's counsel is experienced in class litigation, the case was vigorously contested by Defendants and their experienced counsel, the settlement was reached after a mediation with an experienced mediator, and Plaintiff's counsel has provided a detailed analysis of each claim, including the strengths and weaknesses. The Court would like a further explana...

Excerpt: ...intiff must prove (1) the contract, (2) the plaintiff's 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.) Plaintiffs claim that Defendant is entitled to a credit in the amount of $31,259.16 for payments and the security deposit. (Plaintiffs' Sep. Statement of Undisputed Material Facts (“PSSUMF”) no. 12....

Excerpt: ...is as follows: Petitioner Broadway West Owner's Association's (“Association”) “Petition to Reduce Voting Requirements and Approve Amendments to the Restated Declaration (Civ. Code Sect. 4275),” filed Aug. 2, 2022, is GRANTED, conditioned on correction of the typographical error in the “First Amendment,” noted below. Factual background. Petitioner is a Homeowner's Association (HOA) for an 18‐unit Condominium complex in Burlingame, Ca...

Excerpt: ...h November 18, 2022. This case has been assigned to the Hon. Nancy L. Fineman for all purposes and she must be the one to try the case. Accordingly, the Court VACATES the October 19, 2022 Trial and October 11, 2022 Pretrial Conference. The Court sets a Trial Setting and Case Management Conference for December 6, 2022 at 9:30 a.m. The parties are to file a Joint Case Management Conference Statement by November 29, 2022 with a trial plan, which inc...

Excerpt: ...th the Court's previous orders, failure to oppose discovery motions, and refusal to appear at scheduled hearings and conference evidences his abandonment of his case and demonstrates that no lesser sanction would be effective. FACTUAL BACKGROUND Plaintiff initiated this case on April 14, 2021, and served Defendant with the summons on April 28, 2021. (April 14, 2021 Complaint; May 3, 2021 Proof of Service of Summons.) Defendant promptly served wri...

Excerpt: ...t, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488, 499‐ 500. Factual background. This case arises from a Feb. 22, 2019 auto accident near the Dumbarton Bridge in Menlo Park. As described by the parties, after Plaintiff Perry Kim Robinson's vehicle broke down, defendant CalTrans had Plaintiff's vehicle towed to a location on University Ave. in Menlo Park, near the intersection of University Ave. and Bayfront Expressway. Plaintiff all...

Excerpt: ...rises out of alleged abuse suffered by Plaintiff and other students and perpetrated by Dinorah Ethel Molina, a teacher at a middle school within the defendant school district. By this Motion, Plaintiff seeks to compel Defendant's further responses to the first set of each of her Form Interrogatories, Requests for Production, and Requests for Admission. The parties should have been able to resolve many of these issues without the need for Court in...

Excerpt: ...hird, and Ninth COA's in Plaintiff's FAC are OVERRULED. The Court in its discretion has considered Plaintiff's late‐filed Opposition. Nuffer's and Callinan's Demurrers Defendants Nuffer and Callinan argue that COA's 5‐7 in Plaintiff's FAC do not allege sufficient facts regarding the demurring Defendants' personal liability under the applicable Labor Code sections to support the causes of action at issue. In ruling on a demurrer, the Court acc...

Excerpt: ...icable statute of limitations. According to Defendant, A refinance occurred on May 16, 2001 (Ex. 2) which is the same date that the Grant Deed conveying the Daly City Property to Joe and Defendant was recorded. If Plaintiff's allegation is correct, when the refinance was completed on May 16, 2001, Defendant was obligated to transfer back the property starting on May 17, 2001 and his failure to do so would be a breach of the (alleged) oral agreeme...

Excerpt: ...e of entry of the Court's order. The First Amended Complaint (the “FAC”) sets forth two causes of action for invasion of privacy by portrayal in a false light. According to the allegations of the FAC, Plaintiff is a former employee of Defendant California Casualty Management Company (“CCMC”). (FAC., p. 4.) On March 31, 2022, CCMC and its officer, Defendant Robert Nicolay, eliminated Plaintiff's position and terminated Plaintiff's employme...

Excerpt: ...ff's First Amended Complaint (FAC), which was filed on April 1, 2022 in the federal district court case, SUSTAINED‐IN‐PART and OVERRULED‐IN‐PART, as set forth below. Plaintiff's 19‐page Opposition brief violates CRC 3.1113 (imposing 15‐page limit). In its discretion, the Court has reviewed and considered the excess pages. However, if Plaintiff violates page limitations going forward, the Court may strike Plaintiff's papers. Defendants...

Excerpt: ...lleged in the First Amended Complaint: (1) that these claims fail as a matter of law because the statements are not false; (2) that the alleged statements are protected by the common interest privilege under Civil Code section 47(c); and (3) that Plaintiff cannot plead special damages because the alleged special damages were caused by an unrelated event as conceded by Plaintiff's separate false light complaint. First, Defendants argue that these ...

Excerpt: ...EPOSITION AND FOR SANCTIONS TENTATIVE RULING: Plaintiffs Pacific Diversified Investments, LLC's, Texas Sugar North, LLC's, Texas Dove Cove, LLC's, Texas Cedar Ridge, LLC's, and Texas Brick Maze, LLC's Motion for Protective Order and Order Compelling Appearances for Deposition and Responses to Discovery is GRANTED in part and DENIED in part. Plaintiffs seek (1) a protective order precluding Defendant Ramson Mumba from testifying or presenting evid...

Excerpt: ...efendant Portfolio Recovery Associates, LLC, is GRANTED as to the entire cross‐complaint and each cause of action. Code of Civil Procedure section 425.16, the anti‐SLAPP statute (“strategic lawsuit against public participation”), is designed to protect defendants from meritless lawsuits that might chill the exercise of their rights to speak and petition on matters of public concern. (Bonni v. St. Joseph Health Sys. (2021) 11 Cal.5th 995, ...

Excerpt: ...t Amended Complaint (FAC) filed on April 1, 2022 in the federal court case, is DENIED. Code Civ. Proc. Sect. 436; Civ. Code Sect. 3294. A party seeking punitive damages under Civ. Code Sect. 3294 must show, by clear and convincing evidence, that defendant is guilty of fraud, malice, or oppression. Civ. Code Sect. 3294(a). An employer may be liable for punitive damages based upon acts of an employee where the employer either had advance knowledge ...

Excerpt: ...Stephen Estrella v. City of South San Francisco Code Enforcement, et al., Case No. 20CIV05257 (“Estrella”) and Norguard Insurance Co. v. CSG Consultants, Inc., et al., Case No. 22CIV00080 (“Norguard”)—both arise from an incident on January 23, 2020, in which Sean Flanagan allegedly ran over and injured Stephen Estrella's foot. Estrella initiated the Estrella matter on November 24, 2020, and filed his First Amended Complaint on December ...

Excerpt: ...all parties received notice of the motion and therefore, the Court decides the motion on the merits. The two cases—Stephen Estrella v. City of South San Francisco Code Enforcement, et al., Case No. 20CIV05257 (“Estrella”) and Norguard Insurance Co. v. CSG Consultants, Inc., et al., Case No. 22CIV00080 (“Norguard”)—both arise from an incident on January 23, 2020, in which Sean Flanagan allegedly ran over and injured Stephen Estrella's ...

Excerpt: ...dure. § 438(c)(1)(B)(ii),(h)(2). Defendants' Request for Judicial Notice is GRANTED pursuant to Evidence Code §452(d). A cause of action for defamation is established by showing the intentional publication of a statement of fact which is false, unprivileged, and has a natural tendency to injure or which causes special damage. Gilbert v. Sykes, 147 Cal.App.4th 13, 27, citing Ringler Associates Inc. v. Maryland Casualty Co. (2000) 80 Cal.App.4th ...

Excerpt: ...This action has been consolidated with San Mateo Superior Court Case no. 21CIV05618. (See Order filed July 6, 2022 in this action.) As such, all future documents for both actions are to be filed only in this lead action (21CIV02997). The Court notes that this Demurrer was filed in 21CIV05618 prior to the Court's Order granting consolidation. (2) Demurrer to the Second Cause of Action for Negligence and Fourth Cause of Action for Negligent Inflict...

Excerpt: ...e Civ. Proc. Sect. 873.810 et. seq. As discussed below, the Court requests that the Referee prepare a revised, proposed distribution of the sale proceeds, consistent with this Order. This Court has been the single‐assigned judge in this case since December 14, 2020. It has no personal knowledge of the activities in the case before that time, but in the course of its duties has become familiar with the facts and issues in this case. Brief backgr...

Excerpt: ... opposition was served. If any party has any objections to the Court considering Plaintiffs' opposition, the party shall properly contest the tentative and appear at the hearing. Cross‐Defendant County of San Mateo's motion to stay discovery as to all parties is GRANTED in part and DENIED in part for the reasons set forth below. The County filed the present motion after Defendant Blair filed his motion for a protective order or, in the alternat...

Excerpt: ...error in law, occurring at the trial and excepted to by the party making the application. (Code of Civ. Proc. § 657(6) & (7).) (Notice of Intent to Move for New Trial at 1.) A. The Order Granting Summary Judgment Was Not Against Law. A verdict or order is against law “only if it was ‘unsupported by any substantial evidence . . . .'” (Fergus v. Songer (2007) 150 Cal.App.4th 552, 567.) Defendant's motion does not argue that Plaintiff's evide...

Excerpt: ...Mr. Corrinet. Judge Fineman has been the single assigned judge on this case since December 8, 2020. The Court, after considering the record and weighing the factors, exercises its discretion to dismiss pursuant to Code of Civil Procedure §§ 583.410 et seq. and California Rules of Court rule 3.1240. The Court, therefore, GRANTS Plaintiff's motion and VACATES the trial date and all other dates. While it may be unusual to dismiss a case a day befo...

Excerpt: ...‐confer requirement satisfied. If there are future demurrers or motions to strike, Plaintiff is to follow‐up on her representation that she would respond to a request to talk on the phone to discuss the issues. Courts have construed the failure to oppose a motion as having an abandonment of the claims. See Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20 (“Plaintiff did not oppose the County's [motion] to this portion of their seve...

Excerpt: ...nts' motion to strike references Exhibits A and B in a “Table of Exhibits.” However, it appears that no Table of Exhibits has been filed. The Court finds the meet‐and‐confer requirement satisfied. If there are future demurrers or motions to strike, Plaintiff is to follow‐up on her representation that she would respond to a request to talk on the phone to discuss the issues. Courts have construed the failure to oppose a motion as having ...

Excerpt: .... (California Rule of Court Rule 3.1110(f)(4); San Mateo County Superior Court Local Rule 3.3.) “Rules of Court have the force of law and are as binding as procedural statutes as long as they are not inconsistent with statutory or constitutional law.” (R.R. v. Superior Court (2009) 180 Cal.App.4th 185, 205.) Plaintiff's Moving Request for Judicial Notice includes 10 exhibits across 100 pages. The failure to comply with Court Rules imposes an ...

Excerpt: ... 2022 are likewise vacated. The Court sets a Trial Setting Conference for September 20, 2022 at 9:30 a.m. No statements are necessary for the Trial Setting Conference. 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. This Court reaches its conclusion after considering all the factors and exercising its discretion. The Court starts its analysis wi...

Excerpt: ...VISION REQUEST FOR SANCTIONS IN THE AMOUNT OF $1,810.00 AGAINST DEFENDANT CITY OF REDWOOD CITY AND THEIR ATTORNEY OF RECORD ATTORNEY LISA K. RAUCH, ESQ. & HOWARD ROME MARTIN & RIDLEY, LLP TENTATIVE RULING: Plaintiff's Motion to Quash Defendant's Subpoenas to medical providers is DENIED. The Court finds that Plaintiff's alternative Motion for a Protective Order to modify the subpoenas to medical providers is GRANTED, in part, pursuant to Code of C...

Excerpt: ...AC, ¶ 19. Plaintiffs allege that, with knowledge of the purchase offer, Defendants agreed to a new five‐ year lease of the restaurant premises with one five‐year option to renew. SAC, ¶¶ 18‐20. Plaintiffs further allege that Defendant Yamei Lu subsequently “broke her agreement stating that she would only accept a five (5) year lease with no option to renew with the new Buyers.” SAC, ¶ 24. Plaintiffs allege that, as a result of Defen...

Excerpt: ...ts, judicial notice of Defendant's discovery responses is improper. Weil & Brown, California Practice Guide: Civil Procedure Before Trial § 7.1 (TRG June 2022 update) (can take judicial notice of plaintiff's inconsistent discovery responses but not opposing party's responses). However, as previously, the Court accepts the responses for the fact that Plaintiff can plead additional facts to toll the statute of limitations. Defendants' Request for ...

Excerpt: ...ure § 583.310. In response, on August 2, 2022, Plaintiff David Fennell filed an opposition to dismissal stating that the case was on federal appeal and, therefore, should not be dismissed. He states that he “is challenging the constitutionality of Code of Civil Procedure § 425.16, as used in this case and to block the Plaintiff's run for California Lieutenant Governor 2022.” Opposition at 2. He attaches a letter from the clerk of the United...

Excerpt: ... Action for Negligence and otherwise OVERRULED. A. Issue Preclusion Allied argues that Plaintiff is precluded from relitigating any issue raised by the FAC. Allied does not demonstrate that any issues litigated or decided in the prior proceeding are identical to those in the instant case. For issue preclusion to apply, there are five requirements: (1) the issue in the current proceeding must be identical to the issue in the former; (2) it must ha...

Excerpt: ...imine, evidentiary objections can be made at any time. The Court finds that it is more efficient to decide evidentiary issues before trial and finds that the other parties will suffer no prejudice by a pre‐trial ruling about the admission of evidence. This is especially true because Defendants made their objection in the Joint Pretrial Conference Statement filed August 11, 2021. Defendants stated: If the Court were to permit Plaintiff to bring ...

Excerpt: ...est to take judicial notice of the interrogatories. Weil & Brown, California Practice Guide: Civil Procedure Before Trial section 7.1 (TRG June 2022 update) (can take judicial notice of plaintiff's inconsistent discovery responses but not opposing party's respnses). However, the Court accepts the responses for the fact that Plaintiff can plead additional facts to toll the statute of limitations. Plaintiff's objections to Defendants' Request for J...

Excerpt: ... deems any irregularity in service waived by Plaintiff. (See Carlton v. Quint (2000) 77 Cal.App.4th 690, 697, as modified (Feb. 2, 2000).) The Court OVERRULES Defendant Julio Cesar Escobar's Demurrer to Plaintiff Kriss Miranda's Complaint for the reasons set forth below. Defendant argues that Plaintiff's Complaint, which asserts a single cause of action for unlawful detainer, fails to state a cause of action because Plaintiff lacks standing becau...

Excerpt: ...”) brings a motion for sanctions pursuant to Code of Civil Procedure §§ 128,5 and 128.7 against certain attorneys at Hunt & Henriques. For the reasons set forth below, the motion is DENIED. First, the motion does not meet the requirements of Code of Civil Procedure §§ 128.7(c)(1) and 1010 because the motion served on Plaintiff/Cross‐ Defendant fails to provide the date, time, department and location of the court. Accordingly, the motion i...

Excerpt: ...age limit and font size. California Rule of Court 2.104; 3.1113(d). In its discretion, however, the Court has chosen to reach the merits of the motion rather than ordering Plaintiffs to re‐file their Opposition brief. All parties are reminded to comply with the Rules of Court going forward. Facts/background. The parties to this case had a prior relationship, which led, in 2017, to defendant Aaron Timm filing a lawsuit against Plaintiffs Sarah B...

Excerpt: ...ifornia Code of Civil Procedure §§ 2030.220, 2031.310; and 2) further responses and all documents responsive to the City's document demand to Plaintiff, Request No. 2, along with a privilege log pursuant to California Code of Civil Procedure §§ 2031.240, 2031.310 is GRANTED. Plaintiff shall provide the verified supplemental responses within 10 days after entry of order; Plaintiff shall provide all responsive documents and a privilege log with...

Excerpt: ...rpose of providing Caltrans additional time to conduct discovery relating to this Motion. Viewed objectively, the evidence presented by the parties suggests that settling Cross‐ Defendant Jose Enriques Bucio, who admits having fallen asleep while driving and having collided with Plaintiff/Plaintiff's vehicle, would likely be found the most culpable party at trial. Plaintiff apparently claims more than $20,000,000 in damages, yet Cross‐Defenda...

Excerpt: ...ories and Requests for Production Directed to Defendants Laikun Lei (“Laikun”) and Kei Leung (“Kei”) is (1) GRANTED, IN PART, AND DENIED IN PART, Laikun's redacted bank records (bates nos. LEI‐000065–LEI‐000070 and LEI‐000078); (2) DENIED, WITHOUT, PREJUDICE, as to Laikun's credit card information and most recent statements (Special Interrogatory no. 5 (“Rog”), Request for Production no. 11 (“RFP”), Laikun and Kei's credit...

Excerpt: ...“NIED”) by Plaintiff Melanie Cole in her individual capacity), is SUSTAINED without leave to amend, for the reasons stated below. Code Civ. Proc. Sect. 430.10(e). The rules for a demurrer are well known: In reviewing the demurrer, the Court construes the allegations liberally, reading the complaint as a whole, with a view to substantial justice between the parties. Code of Civ. Proc. § 452; Saxer v. Philip Morris Inc. (1975) 54 Cal.App.3d 7,...

Excerpt: ...may exercise general jurisdiction only when a defendant is ‘essentially at home' in the State. General jurisdiction, as its name implies, extends to “any and all claims” brought against a defendant. Those claims need not relate to the forum State or the defendant's activity there; they may concern events and conduct anywhere in the world. But that breadth imposes a correlative limit: Only a select “set of affiliations with a forum” will...

Excerpt: ...s. & Prof. Code § 17200 et seq.). The elements of a claim for usury are: “(1) [t]he transaction must be a loan or forbearance; (2) the interest to be paid must exceed the statutory maximum; (3) the loan and interest must be absolutely repayable by the borrower; and (4) the lender must have a willful intent to enter into a usurious transaction.” (Ghirardo v. Antonioli (1994) 8 Cal.4th 791, 798.) Defendant seeks summary judgment on the ground ...

Excerpt: ...nd with respect to Plaintiff's second cause of action for violation of Civil Code § 2924(a)(1) and tenth cause of action for Interpleader based upon Plaintiff's stating that she will not pursue the claim. The Court notes that Plaintiff could have save the Court and the parties time and resources if she had made this agreement during the meet‐and‐confer process. The demurrer is also SUSTAINED without leave to amend as to the seventh cause of ...

Excerpt: ...orney and counsel for defendant are to APPEAR so that testimony can be provided under oath. Zoom appearances are acceptable. The parties have not complied with the Court's order denying, without prejudice, Motion to Approve PAGA Settlement and Dismissal of PAGA Action. The Court expressly required that Plaintiff posit his own declaration in support of a renewed motion and append the Confidential Settlement Agreement and Release that settled his n...

Excerpt: ...022. Plaintiff's objections 1 through 12 to Declaration of Joshi are overruled. The motion for summary judgment filed by Plaintiff Northern California Collection Service, Inc. is GRANTED. Plaintiff's moving evidence establishes all of the elements of the Complaint, thereby meeting Plaintiff's burden. (Code of Civ. Proc. § 437c, subd. (p)(1).) The burden shifts to Defendant Darius K. Joshi to offer admissible evidence to establish that a triable ...

Excerpt: ...ted below, Defendant Tesla Energy Operations, Inc.'s Demurrer to Plaintiff's 3‐18‐22 First Amended Complaint (FAC), which is addressed only to the FAC's Second Cause of Action (alleging a violation of Bus. & Prof. Code Section 17200), is OVERRULED. Code Civ. Proc. Section 430.10(e), (f). The Section 17200 claim is not clearly time‐ barred on the face of the pleading. The Court previously granted (in part) Tesla's Motion for Judgment on the ...

Excerpt: ...13:11; 16:10‐13. The terms are not irrelevant, false or improper. Code of Civil Procedure § 436(a). The terms are relevant to the claim for punitive damages. Taylor v. Superior Court (1979) 24 Cal.3d 890, 895 (“conscious disregard of the safety of others may constitute malice within the meaning of section 3294 of the Civil Code.”). DENIED as to the request to strike attorneys' fees under Civil Code § 1942.4. See Snatchko v. Westfield LLC ...

Excerpt: ... causes of action, for the reasons set forth below. The rules for a demurrer are well known: In reviewing the demurrer, the Court construes the allegations liberally, reading the complaint as a whole, with a view to substantial justice between the parties. Code of 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 no...

Excerpt: ...overy Bank may be a necessary party to this action pursuant to Code of Civil Procedure § 389. Plaintiff alleges that “In or around February 26, 2020, Discovery Bank obtained a Judgment against [Defendant] Joel and placed a lien on 416 SAN DIEGO.” Complaint, ¶ 13. Plaintiff's prayer for relief asks, among other things, “For title of the Property to be vested in the Plaintiff as of the death of Joe Durham in 2010; . . . For a constructive t...

Excerpt: ...llenge those paragraphs on the basis that that a fee award against her agent/employee co‐Defendants might flow to her. GRANT as to paragraphs 55, 78, 91, 100, and 117. The only contracts at issue are (1) the Lease between Plaintiff and Defendant Giannoni and (2) Asset Purchase Agreement between Plaintiff and Mr. Shinn. Neither of those agreements contains a provision for attorney's fees to a prevailing party in an action arising from the agreem...

Excerpt: ...ris Inc. (1975) 54 Cal.App.3d 7, 18. A. First Cause of Action (Breach of Contract) Defendant Giannoni's demurrer to the first cause of action is OVERRULED. The “condition precedent” argument is misplaced. Defendant's written consent is a condition to Plaintiff's assigning or subletting the premises. It is not a condition precedent to any alleged contract obligation that was allegedly breached. The alleged breach pertains to Lease paragraph 36...

Excerpt: ...terial breach of the parties' arbitration agreement pursuant to Code of Civil Procedure §§ 1281.97 and 1281.99. As a preliminary matter, Plaintiff's counsel is reminded to comply with California Rules of Court and Local Rules of Court regarding electronically filed documents. Specifically, exhibits must be bookmarked. (CRC Rule 3.1110(f)(4) [“electronic exhibits must include electronic bookmarks with links to the first page of each exhibit an...

Excerpt: ... Case Management Conference Statement that there was a settlement, but no dismissal has yet been filed. Therefore, the Court reposts the tentative posted on May 2, 2022 as the tentative for the June 7, 2022 hearing: The Hon. Nancy L. Fineman discloses that she previously had a financial interest in American Express Company (AXP), which may be a related company to plaintiff American Express National Bank. All of her interests in American Express C...

Excerpt: ...o Rodriguez, was entered into in good faith. The Court, in exercising its discretion after reviewing the record and weighing the Tech‐Bilt factors, finds that the settlement was entered into in good faith, and thus the Motion is GRANTED. Code Civ. Proc. Sect. 877.6; Tech‐Bilt, Inc. v. WoodwardClyde & Associates (1985) 38 Cal.3d 488, 499‐500. As the party challenging the settlement, defendant Transmetro has the burden of showing the settleme...

Excerpt: ... to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit”]; San Mateo County Superior Court Local Rule 3.3 [same].) “Rules of Court have the force of law and are as binding as procedural statutes as long as they are not inconsistent with statutory or constitutional law.” (R.R. v. Superior Court (2009) 180 Cal.App.4th 185, 205.) Plaintiff's Request for Judicial No...

Excerpt: ...AINTIFF ATTORNEY OF RECORD FOR FILING A WRONGFUL WRITE OF ATTACHMENT, PROTECTIVE ORDER AND SHERIFF LEVIES WITH PREJUDICE WITHHOUT LEAVE TO AMEND TENTATIVE RULING: For the reasons stated below, Defendant Gus Williams' Motion for Reconsideration, filed 3‐10‐22, is DENIED. Code Civ. Proc. Sect. 1008. Background. On 11‐19‐21, the Court granted Plaintiff's Application for a Writ of Attachment and a Temporary Protective Order (“TPO”), in wh...

Excerpt: ...not filed until more than two years later on July 30, 2021. The Judicial Council adopted California Rules of Court, Emergency Rule 9 though. Rule 9 tolled statutes of limitations for civil causes of action from April 6, 2020 until October 1, 2020. When the six‐month period set forth in Rule 9 is taken into account, Plaintiff's Complaint was timely filed on July 30, 2021. The Court also notes that the motion is procedurally improper. The Court's...

Excerpt: ...and 50.2 within fourteen (14) days of notice of the Court's order. The request to provide further responses to Interrogatory No. 50.5 is DENIED. Interrogatory No. 12.1 seeks information regarding the identity of witnesses to, or persons with knowledge of, the events in question. In response, Defendant identified “All persons listed within documents provided by MUMBA in response to Plaintiff's First Request for Production.” Mr. Mumba's respons...

Excerpt: ...entitling plaintiff to judgment on the cause of action].) The Complaint alleges six causes of action, but Plaintiff's Separate Statement only addresses five causes of action. Specifically, the Separate Statement fails to address Plaintiff's Second Cause of Action for Breach of Implied in Fact Contract. A separate statement in support of a motion for summary judgment must identify each cause of action and each supporting material fact claimed to b...

Excerpt: ...ANTS Defendant's request as to item 8. The unopposed demurrer by Defendant City of Burlingame to Plaintiff's “Case Management Conference Statement and First Amended Complaint” is SUSTAINED WITHOUT LEAVE TO AMEND. The Court sustained Defendant's demurrer to the original pleading on two grounds. First, the government claim attached to the Complaint showed that Plaintiff did not file the claim within six months of the accrual of her cause of act...

Excerpt: ...ense counsel's declaration. However, it appears to the Court that the issues regarding “Enhanced Remedies—Willful Misconduct” and the unfinished sentence in paragraph 68 should have been resolved in a meet‐and‐confer process. It appears to the Court that the section entitled “Enhanced Remedies— Willful Misconduct,” which starts at paragraph 69 of the Complaint is meant to be an additional cause of action for intentional conduct. T...

Excerpt: ...ity”) is illegally collecting a Utility User Tax because the City Council failed to make the findings every two years required by the measure which enacted the tax that the utility tax is necessary for the financial health of the City. On calendar are multiple dueling motions regarding the scope of discovery, specifically depositions, that plaintiff may take in this case. Plaintiffs have filed motion to compel certain depositions and the City h...