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: ...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: ...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: .... (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: ...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: ...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: ...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: ...”) 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: ...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: ...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: ...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: ...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: ...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...