Excerpt: ...ng evidence to show that discovery as to matters occurring from 2006 through 2009 are not relevant or likely to lead to any jurisdictional evidence. Since Continental has failed to show that that the design of the engine did not occur before 2010, then it has not shown Topics 1 and 2 cannot cover the prior years (as early as 2006). Further to show specific jurisdiction, the plaintiff must show that the cause of action “arises out of” or is �...

Excerpt: ...“No [] special relationship exists . . . that can impose a duty on Defendants to prevent any harm that may befall the Plaintiffs in this type of situation, where a simple employee, while off the clock, goes on to commit a personally motivated criminal act.” MPA, p.13‐14. This characterization of events is contrary to Plaintiffs' allegations in the complaint that “Defendants gave access to their employee to a private home which said employ...

Excerpt: ... interest of about $55,000 of JP Morgan Chase & Co. stock. Plaintiff/Cross‐Defendant U.S. Bank National Association's Demurrer to Defendants/CrossComplainants Jennifer and Frank Rosenblum's 11‐21‐19 Cross‐Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. Code Civ. Proc. § 430.10(e). Without chronicling the parties' extensive litigation history regarding this property (located at 35 Echo Lane in Woodside, Ca.), the Rosenblums' 11‐21‐19 C...

Excerpt: ...dvertence or excusable neglect.” CCP § 2033.300(b); see New Albertsons, Inc. v. Sup.Ct. (Shanahan) (2008) 168 CA4th 1403, 1418. While newly discovered evidence can meet this standard, Defendants have not shown that their admission resulted from “mistake, inadvertence or excusable neglect.” The evidence shows that Defendants were on notice of the existence of the French drain since March 2017. Miller decl., Ex. F, H. In fact, it was defense...

Excerpt: ... diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier; (3) any likelihood that permitting the discovery or hearing the discovery motion will prevent the case from going to trial on the date set, or otherwise interfere with the trial calendar, or result in prejudice to any other party; and (4) the length of time tha...

Excerpt: ...e and his proposed order was used to grant the motion. Accordingly, the Court finds proper notice. The unopposed motion for summary judgment by Defendant JOSEPH J. ALBANESE, Inc. is GRANTED. Defendant's request for judicial notice is granted as to Exhibit A (Complaint) and Exhibit I (Request for Dismissal). Defendant's request for judicial notice of Exhibits K, L, M, N, and O (Google Maps) is DENIED. The distances between two points is not part o...

Excerpt: ...se of action for declaratory relief “concerning the real party in interest on the lease.” Separate Stmt. of Amendments. Plaintiff claims it “mistakenly used the wrong legal name for the corporation in the complaint,…” Notice of Motion filed December 23, 2019 at 1:10‐12. Trial was originally set for December 2, 2019, assigned a trial judge, and trial was continued so that the Law and Motion department could decide this matter. Trial is...

Excerpt: ...ahri (“Plaintiffs”) admit that they did not file and serve a Motion to Strike or Tax Costs. (See Plaintiffs' Opposition, p.2:2; see also Cal. Rules of Court Rule 3.1700(b).) Instead, Plaintiffs claim that the court should not award Defendants such costs because the time to appeal had not expired, and therefore these cost bills were premature. Plaintiffs offer no authority to support of this argument though. Rule 3.1700(a) requires that a part...

Excerpt: ...5,000 in stock in Wells Fargo & Co New Del (WFC). Upon learning of a prior motion involving Wells Fargo, she had the stock sold on or about February 10, 2020. Cross‐Defendant Wells Fargo's demurrer to the first, second, fourth, and fifth causes of action asserted in Cross‐Complainants Ely and Sonia Tangonans' Second Amended CrossComplaint is SUSTAINED without leave to amend, for the reasons set forth below. The demurrer to the third cause of ...

Excerpt: ...f action is OVERRULED. Plaintiff has not alleged facts sufficient to support a claim for negligence, considering the only causation allegations concern remarks Defendants allegedly made about Plaintiff to others. The allegations concerning these remarks are insufficient to support a cause of action since Plaintiff has not alleged facts indicating the defamatory nature of the remarks. Smith v. Maldonado (1999) 72 Cal.App.4th 637, 645. The Complain...

Excerpt: ...erruled. The demurrer does not identify the allegedly sham allegations or the deposition testimony that contradicts them. Yancey's Reply Brief identifies them for the first time, which is too late for lack of notice to IRA Services. Even if the court considered each of the statements from the Edwin Blue deposition, the does not explain how those statements dispose of any cause of action. The Court rules on the individual causes of action as follo...

Excerpt: ...raphs. “A motion to strike a portion of a pleading must quote in full the portions sought to be stricken except where the motion is to strike an entire paragraph . . . .” (CRC Rule 3.1322(a).) The Notice of motion fails to identify any word, phrase, sentence, or other set of allegations that Cross‐defendant moves to strike. The motion is denied to the extent it is based on the sham pleading doctrine. The argument is that Edwin Blue's deposi...

Excerpt: ...ponse to discovery, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction. In lieu of or in addition to that sanction, the court may impose a monetary sanction. Whether to grant a sanction is entirely within the discretion of the court. The court is not required to grant any particular sanction. See Weil & Brown, California Practice Guide: Civil Procedure Befo...

Excerpt: ...per § 664.6 because, as demonstrated by the declarations and exhibits submitted in support of the motion, the parties entered into a valid settlement agreement signed by the parties, which agreed to the Court's jurisdiction pursuant to § 664.6 (the “Settlement Agreement”). The 11‐21‐19 Addendum to Settlement Agreement preserves Plaintiff's right to enforce the terms of the Settlement Agreement pursuant to § 664.6. See Cook decl., Ex. 2...

Excerpt: ...action is SUSTAINED with leave to amend. An action to quiet title may be brought only by one holding an interest in the subject property. (Chao Fu, Inc. v. Chen (2012) 206 Cal.App.4th 48, 59.) The Complaint alleges that Plaintiff ceased holding any interest in the property after she executed a Deed transferring her entire interest to Nhan Van Pham Trust. (FAC para. 14.) However, an equitable owner may seek to quiet title when the defendant acquir...

Excerpt: ... Pines”) 11‐26‐18 Cross‐Complaint, and (b) Defendants/CrossComplainants Cary Cole Friar and Tessa Leigh Friar dba First Impressions Design & Landscape's (“First Impressions”) 1‐2‐19 Cross‐Complaint, is DENIED. As to First Impressions' 1‐2‐19 Cross‐Complaint, the motion is DENIED AS MOOT given First Impressions' 1‐31‐20 dismissal of the Cross‐Complaint. As to Pollock Pines' 11‐26‐18 CrossComplaint, the motion is D...

Excerpt: ...lainants Best Seller Ltd., Alex Abela Properties, Inc. and Alex Abela (“Defendants”), is ruled on as follows: Pursuant to Code of Civil Procedure section 425.16 (anti‐SLAPP statute), Defendants move to strike the entire First Amended Complaint (“FAC”) of Plaintiffs Proud Thai Massage, LLC and Alexander Mayer (“Plaintiffs”), or alternatively to strike ¶¶ 74‐76, 92, 94, 127, 128, 146‐148, 157, 170‐175, 179, 188 and 194. In ord...

Excerpt: ...n Award and the November 15, 2019 Award of Prevailing Party Attorney Fees and Costs (the “Arbitration Awards”) in favor of Petitioner and against Respondent Diane Josue, individually and as successor trustee of the William Heszler 2000 Living Trust, are confirmed. Pursuant to Code Civ. Proc. Sect. 1286.6, the Court also GRANTS Petitioner's request to modify the Arbitration Awards to include the legal description of the subject property in acc...

Excerpt: ...ividual Financial Records is GRANTED IN PART AND DENIED IN PART. The Court notes that Plaintiff Postal Instant Press, Inc. to failed to a Separate Statement in compliance with California Rules of Court Rule 3.1345. Nonetheless, the parties have provided sufficient information for the Court to rule on the matter. Bianlou Group, Inc. has agreed that its bank records as requested in the subpoenas may be produced. Therefore, the Court DENIES the moti...

Excerpt: ...ess to testify about the $200,000 cost of disk replacement surgery, Defendant did not rely on Plaintiff's initial expert disclosure, since the future surgery was unknown at that time. 2. Prejudice. The parties are already taking additional depositions after the statutory deadline. Defendant's Opposition does not show that adding the deposition of Nurse Gorgan will cause any prejudice. 3. Diligence or Surprise. Dr. Light's recommendation for addit...

Excerpt: ...viduals, as opposed to subcontractors. The response should be supplement to identify payments to any individuals who were not paid through the subcontractors who employed or hired them. Interrogatory 22. DENIED. The interrogatory is unreasonably overbroad. As worded, the interrogatory asks for an “identification” of every piece of paper relating to the work on the property. Interrogatory 25. GRANTED. Any amounts that third parties billed ( �...

Excerpt: ...iff has exhausted his administrative remedies. Defendants do not dispute that they were correctly named in Plaintiff's administrative complaint or that they are former employees of Defendant Broadmoor Police Protection District (“Broadmoor”). Instead Defendants argue that Plaintiff failed to exhaust his administrative remedies because he did not provide Defendants' addresses. Broadmoor's address is sufficient here. See, e.g., Martin v. Fisher...

Excerpt: ... (interference with contract) is OVERRULED. The demurrer fails to show that no contract existed. The argument that Plaintiff's partnership with WORKING DIRT already “fell apart” and “already collapsed” before Defendants became involved does not negate the existence of a contract. The demurrer also fails to show that no interference occurred. Defendants argue that the Complaint fails to allege that Defendants committed acts to induce WORKI...

Excerpt: ...fessionalism in the meet and confer process. The only remaining outstanding issue regarding Plaintiffs' motion to compel further request for documents is whether Defendants must produce further documents in response to Plaintiffs' request no. 158, which provides: “All DOCUMENTS produced by YOU in the class action In re Volkswagen Timing Chain Product Liability Litigation, United States District Court, District of New Jersey, Case No. 2:16‐cv�...

Excerpt: ...a fraud cause of action. See Oakland Raiders v. Nat'l Football League (2005) 131 Cal.App.4th 621, 629 (“[T]he pleadings set the boundaries of the issues to be resolved at summary judgment.”). The Court recognizes Plaintiff has filed a motion seeking leave to amend the Complaint, for the purpose of asserting a fraud cause of action. Nonetheless, GM cites no authority indicating the Court may summarily adjudicate a potential cause of action tha...

Excerpt: ...ct is SUSTAINED WITH LEAVE TO AMEND to allege facts sufficient to support a contract between the parties. Plaintiff alleges in her complaint that an oral agreement was made between her and Defendants. Plaintiff has failed to allege the element of consideration. “The statutory presumption of consideration . . . does not, of course, apply to an oral contract. In an action on such an agreement, the essential element of consideration must normally ...

Excerpt: ..., rather than mandatory. For venue to “lie” in a certain place means that venue is proper or sustainable in that place. Under this definition, the forum selection clause states that all disputes shall be proper or sustainable in Florida. “Shall lie” does not mean “must be filed” or “must be prosecuted.” Thus, the forum selection clause does not mean that all disputes must be filed or tried in Florida to the exclusion of any other ...

Excerpt: ...ion 473.5 is DENIED. A court may only set aside a default under CCP § 473.5 if the cross‐defendant did not receive “actual notice” in time to defend the action. The evidence shows that SVP received actual notice of the summons and cross‐complaint on June 10, 2019, more than 30 days before default was entered. (See Todd Yancey's Declaration.) SVP's Motion to Set Aside Entry of Default under CCP section 473 is DENIED. The Court recognizes ...

Excerpt: ...gly, Defendant's demurrer is sustained pursuant to Cal. Code of Civ. Proc. § 430.10(f). Additionally, Pursuant to 47 U.S.C. § 230, Defendant is immune from liability for tort claims arising from information provided by another information content provider. See Delfino v. Agilent Technologies, Inc. (2006) 145 Cal.App.4th 790, 802–803. Accordingly, to the extent Plaintiffs' claims are based on “hate speech and racially charged bullying commen...

Excerpt: ...for Judicial Notice is GRANTED; however, the Court does not take judicial notice of the truth of any factual assertions in these documents. (See Arce v. Kaiser Health Foundation Plan, Inc. (2010) 181 Cal.App.4th 471, 483 [court takes judicial notice of documents as records of any court of this state, but does not take judicial notice of the truth of any factual assertions in these documents].) As to the demurrer, the Court notes that this demurre...

Excerpt: ...mba (“Plaintiff”) is DENIED. Defendants move for summary judgment on the ground that no triable issue of material fact exists as to whether Defendants had notice of a dangerous condition and whether the alleged dangerous condition caused Plaintiff's fall. As the moving party, Defendants have the initial burden to show that either (1) one or more elements of Plaintiff's causes of action cannot be established, or (2) that there is a complete de...

Excerpt: ...19 per Code Civ. Proc. § 418.10, is GRANTED‐ IN‐PART and DENIED‐IN‐PART. As to all Plaintiffs, the Motion to Dismiss is DENIED. The Motion to Stay is GRANTED‐IN‐PART, as set forth below. As to Plaintiffs Strahan and Manno, the Motion to Stay pending resolution of the Indiana Action (Genesys Telecommunications Laboratories, Inc. v. Talkdesk, Inc. et. al., Case No. 1:19‐CV00695‐TWP‐DML) is GRANTED. Both Strahan and Manno signed e...

Excerpt: ... as is involved in a California action, the California court has the discretion but not the obligation to stay the state court action. Caiafa Prof. Law Corp. v. State Farm Fire & Cas. Co. (1993) 15 Cal.App.4th 800, 804. Given the Court's ruling on Genesys' Motion to Stay per Code Civ. Proc. § 418.10, as to Plaintiffs Strahan and Manno, this motion is DENIED AS MOOT. As to Plaintiffs TalkDesk and Hertel, the motion is also DENIED. Genesys argues ...

Excerpt: ...and are hearsay. The Declaration of Tom Scherer para. 4 does refer to an agreement, but does not attach the agreement or authenticate Exhibit 9 to the Miller deposition. The Court SUSTAINS Plaintiff's objection numbers 18 and 19 to the Declaration of Scherer paragraph 8 at 3:22 – 4:1 as lacking foundation and failing to show personal knowledge and the reference to a document is hearsay. The Court does not rule on Plaintiff's remaining objection...

Excerpt: ...stated claims, even though Plaintiff alleges other common count claims in the Complaint. Therefore, Plaintiff has failed to meet its initial burden of establishing that it is entitled to summary judgment. However, the Motion for Summary Adjudication to the open book account and account stated claims is GRANTED. Plaintiff presents evidence to establish all the elements of both its open book account and account stated claims. (See Plaintiff's State...

Excerpt: ...Defendants' Evidence as to Exhibits A, B, G are OVERRULED. Plaintiffs' objections to Exhibits J and K are SUSTAINED based on hearsay. The standards for summary judgment are well‐known and the Court will not repeat them here. BACKGROUND FACTS It is undisputed that on May 31, 2013, Plaintiffs purchased a BMW from defendant Peter Pan Motors, Inc. UMF No. 1. Thereafter, on November 3, 2015, the National Highway Traffic Safety Administration (“NHT...

Excerpt: ...ement (see Code Civ. Proc. § 437c(b)(3)), the Court finds that Plaintiff has not met his initial burden under § 437c, and thus the motion must be denied. In this case, Plaintiff and Defendant were are former spouses. Prior to their marriage, Plaintiff's mother loaned the couple $100,000 to purchase a home. Plaintiff claims that the parties executed a note for the loan, which note Defendant denies signing. The parties forgot about the note for o...

Excerpt: ...s that this is actually the Second Amended Complaint. Nevertheless, since the parties refer to it as the Fourth Amended Complaint, the court likewise refers to this pleading as the Fourth Amended Complaint (“FOAC”). (2) Defendant requests judicial notice of the following documents filed in this action: (a) the FOAC; (b) the Order on the Demurrer to Complaint; (c) the Order on the Demurrer to the First Amended Complaint; and (d) the First Amen...

Excerpt: ...ment/discrimination/retaliation” based upon Defendants' contention that Plaintiff incorrectly named himself and Broadmoor in his administrative complaint, the parties are to appear (telephonic appearances are acceptable but not preferred) to further argue the issue. The Court invites further citation to authority. If counsel is going to cite to new authority, counsel shall, before the hearing provide opposing counsel with the citations of that ...

Excerpt: ...nd failing to cap the gas pipe that led to the dryer was not the legal cause of the explosion and fire that injured plaintiffs. See defendants MPA at 8:1‐3. On October 30, 2019 plaintiffs filed a statement indicating they do not oppose the motion. The unopposed motion is granted. Defendants have met their moving burden under CCP §437c(p)(2). The declaration of mechanical engineer Steve Virostek states that, in his professional opinion, the lea...

Excerpt: ...pel Further Responses to Request for Production Number 53 and Request for Sanctions against Plaintiff Proud Thai Massage LLC (“Plaintiff”) is GRANTED in part. Defendant demonstrates good cause for the production of the QuickBooks. TBG Ins. Services Corp. v. Superior Court (2002) 96 Cal.App.4th 443, 448. Plaintiff, through the declarations of Alexander Mayer and Amira Sharon, demonstrates that the QuickBooks contain confidential information no...

Excerpt: ...des the threshold issue of the arbitration agreement's enforceability, and the scope of the issues to be arbitrated. However, parties may delegate resolution of those threshold issues to an arbitrator as long as the parties' agreement “clearly and unmistakably” delegates that authority to an arbitrator, and the delegation clause is not invalid on state law grounds such as fraud, duress or unconscionability. Pinela v. Neiman Marcus Group, Inc....

Excerpt: ...October 28, 2019. The principal amount of Judgment shall be $21,750.00. B. Prejudgment Interest Defendants defaulted on the $5,250 payment that was due September 1, 2019. For the September 2019 payment Defendants paid $2,500 on October 4, 2019. Plaintiff subsequently agreed to accept $1,000 per week. Defendants made two $1,000 payments. The next payment was due October 28, 2019, but Defendants made no more payments. An “Event of Default” occu...

Excerpt: ...udication, a plaintiff has met its burden of showing that there is no defense to a cause of action if that party has proved each element of a cause of action to entitle the party to judgment on the cause of action. (C.C.P. § 437c(p)(1).) Once the plaintiff has met its burden, the burden shifts to the defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. (Ibid.) Plaintiff prese...

Excerpt: ... Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Courts apply such a liberal policy at any stage of the proceedings, up to and including trial. (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761.) If the motion to amend is timely made and granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal results in a party being deprived of the right to assert a meritorious cause of...

Excerpt: ...ls as a matter of law because negligence per se is an evidentiary presumption and not a separate cause of action; 2. Plaintiffs' Cause of Action Nos. 3 and 4 predicated on violations Placer County Building Code, Article 15.12 et seq., fail as a matter of law because Article 15.12 was unenforceable at the time of the incident; 3. Even if Plaintiffs' negligence claims survive Article 15.12's unenforceability, Plaintiffs lack sufficient evidence to ...

Excerpt: ...ot allege any property damage or personal injury. Demurrer to the second cause of action (breach of contract) is SUSTAINED with leave to amend. First, the pleading identifies two contracts in paragraph 6, but nothing in the pleading alleges whether either contract was oral, written, or implied. Second, the pleading does not allege the contractual obligations that were breached; it does not allege the terms of the contract either in haec verba or ...

Excerpt: ...ART. Cross‐Defendants establish that the subpoena served by Cross‐ Complainants Omer Tamturk and the Erler Family Trust (“Cross‐Complainants”) on Stefan Financial, includes documents that contain Cross‐Defendants' personal financial information and tax returns. (See Stefan Decl.) The California Constitution, Article I, section 1 protects a person's financial privacy. See also Britt v. Superior Court (1978) 20 Cal.3d 844; Cobb v. Sup. ...

Excerpt: ...ND. The complaint is based on Defendant's alleged representation that it would try to gain US Customs approval for the same 5.92 percent customs rate for SINO‐MAPLE, but failed to do so. Nothing in this claim suggests that the acts were fraudulent, unlawful, or unfair (as that term is used in the UCL), including there is no allegation of any law that was violated. Plaintiff's conclusory allegation in paragraph 69 are insufficient. Defendant's a...

Excerpt: ... fraud, oppression or malice by Defendant to support punitive damages. The Court rules on the motion as follows: Defendant's unopposed motion for judicial notice is GRANTED. Plaintiff's objection to Defendant's Exhibit L is SUSTAINED based upon hearsay, lack of personal knowledge and authentication. Plaintiff alleges that Defendant failed to: (1) warn about permanent collagen destruction; (2) properly train purchasers; and (3) advise that the dev...

Excerpt: ...nd attached Exh. A.) California law favors arbitration. (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97.) Plaintiff Mark Smoot (“Plaintiff”) argues that the arbitration provision in the offer letter is unenforceable because it is unconscionable. The party opposing arbitration has the burden of proving that the arbitration provision is unconscionable. (Ajamian v. CantorCO2e, L.P. (2012) 203 Cal.App.4th 771, 7...

Excerpt: ...nd (d), Defendant should be compelled to provide facts supporting its denial of Plaintiffs' requests to admit that Defendant's agents had not determined that Plaintiff's conduct had met the definition of “cause” as set forth in the parties' employment agreements. Plaintiff acknowledges that Defendant has responded that its denial is based on its in‐ house counsel's determination that Plaintiff “was not forthcoming about the veracity of th...

Excerpt: ...arties' briefing and finds that the 11‐08‐19 Watanabe declaration sufficiently demonstrates the default occurred because Tesla's in‐house counsel mistakenly/inadvertently failed to promptly assign the matter to local litigation counsel. The Court strongly favors resolving cases on their merits. The 08‐ 19‐19 default should be and HEREBY IS SET ASIDE. Where relief is based on attorney fault, §473(b) requires the Court to direct the atto...

Excerpt: ... Code Civil Procedure §437c. The Motion for Summary Judgment and Summary Adjudication of the Loves' claims is DENIED as moot, in light of the voluntary dismissal of the Loves' Cross‐Complaint on 12/11/19. Sereno has established each of the elements of its cause of action for breach of contract. The Loves agreed to pay Sereno 5% of the purchase price of the subject property if buyers completed the transaction or were prevented from doing so by ...

Excerpt: ... and did not cause Plaintiff's injuries. The Court denied Defendants' motion on June 24, 2019. (See June 24, 2019 Minute Order, of which the Court takes judicial notice on its own motion.) Now, in this motion, Defendants once again assert that they complied with the applicable standard of care and did not cause Plaintiff's injuries. However, Defendants have not presented any newly discovered facts or circumstances, or law, that support reconsider...

Excerpt: .... §430.10(e). The Fourth Cause of Action sufficiently alleges the elements of fraud by intentional misrepresentation. See CACI 1900; FAC, ¶¶40‐49. Defendants appear to argue they cannot or should not be held liable for their alleged false representations because they signed the 2016 forms in their capacity as purported Director or Partners of the LLC. Even if this argument otherwise had merit, it fails here because, as alleged, the LLC disso...

Excerpt: ...o Strike Punitive Damages decided. Code Civ. Proc. §1281.4. The Court finds that resolution of this issue will not frustrate the arbitrator's jurisdiction since WIN is not a party to the arbitration and whether WIN faces exposure for punitive damages will not impact any issue in the arbitration. However, the pending punitive damages' exposure to WIN, which is not covered by insurance, does have a substantial impact on WIN. Therefore, the Court l...

Excerpt: ...c. Code § 438(h). 1 st COA – Breach of Express Warranty Defendant contends Plaintiffs have failed to assert a cause of action for breach of express warranty because Plaintiffs have not alleged the “latent defect” in the timing chain system manifested itself during the five‐year express warranty period. According to Defendant, “the warranty expired over six months before Plaintiffs filed their First Amended Complaint on January 18, 2019...

Excerpt: ...cted with the requisite intent to cause damage to Plaintiff. See CACI No. 1320. Defendant Michael Solomon's Demurrer to the “motor vehicle” negligence cause of action is OVERRULED. Plaintiff has asserted factual allegations in the Complaint sufficient to constitute a cause of action for motor vehicle negligence. Though the allegations are contained in an attachment labeled “general negligence,” Plaintiff's form Complaint asserts only inte...

Excerpt: ... an open book account and an account stated. However, Plaintiff also asserts claims for goods sold and delivered and credit extended on account. The alternative Motion for Summary Adjudication is GRANTED as to the claim based on an open book account. Plaintiff has met its burden to show that there is no defense to this cause of action. CCP §437c(p)(1). See Undisputed Material Facts 1‐8; LaRosa Declaration ¶¶5 ‐8, 10‐12 and Exs. A‐C. Th...

Excerpt: ...tered a dismissal he signed, which requested dismissal of the ‘Entire action of all parties and all causes of action.” The filing of a dismissal has immediate effect, rendering subsequent proceedings void. Aetna Cas. & Sur. Co. v. Humboldt Loaders, Inc. (1988) 202 Cal.App.3d 921, 931. The dismissal has caused confusion since only Xie signed it. It may be that this dismissal was meant to dismiss plaintiff Wang's claims, but there is no evidenc...

Excerpt: ...ny cause of action and also cannot be determined at the demurrer stage. The Court has jurisdiction over the case because Business & Professions Code section 6200 et seq. does not divest the Court of jurisdiction to hear the case. Business & Professions Code section 6201 provides: “[A]n attorney shall forward a written notice to the client prior to or at the time of service of summons or claim in an action against the client.... The written noti...

Excerpt: ...licies favor of arbitration and, courts are to “indulge every intendment to give effect to such proceedings.” Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 9. Defendants have established the existence of an arbitration agreement, and there is no basis to deny enforcement of the agreement under CCP § 1281.2. Plaintiffs contend Defendants' motion should be denied because (1) Defendants failed to present competent evidence showing the existenc...

Excerpt: ... to “indulge every intendment to give effect to such proceedings.” Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 9. Defendants have established the existence of an arbitration agreement, and there is no basis to deny enforcement of the agreement under CCP § 1281.2. Plaintiffs contend Defendants' motion should be denied because (1) Defendants failed to present competent evidence showing the existence of valid arbitration agreements, and (2) ...

Excerpt: ...nts have submitted 19 exhibits, consuming approximately 400 pages. Plaintiffs have submitted 13 exhibits across more than 200 pages. Both parties failed to comply with the Rules of Court that require exhibits to be tabbed. (CRC Rule 3.1110(f)(3). Rules of Court have the force of law to the extent that they are not inconsistent with legislative enactments and constitutional provisions. (In re Richard S. (1991) 54 Cal. 3d 857, 863.) By failing to c...

Excerpt: ...gations that have been voluntarily assumed.” Burger King Corp. v. Rudzewicz, 471 U.S. 462, 474 (1985). Cross‐Defendant Salamakhin has purposefully availed himself of the benefits of the laws of the state of California and created sufficient minimum contacts with the state of California to support personal jurisdiction of this Court by sending a debt collection letter to Cross‐ Complainant which is the subject of the allegations in the First...

Excerpt: ...entry of the order. Interrogatory No. 19 asks Defendant/Cross‐ Complainant Dellanini to identify each instance in which he solicited work for himself or on behalf of TCS while he was employed by Preferred. The request appears to be directed at a core issue in this case – whether Dellanini improperly competed with Preferred for commercial cleaning jobs. Although Dellanini asserted a number of boilerplate objections to the request, the primary ...

Excerpt: ...��Car, Inc. (“Defendant”) on non‐party Hertz Corporation (“Hertz”). Plaintiff argues that Defendant failed to obtain a commission to conduct an out‐of‐state deposition. Specifically, Plaintiff contends that Hertz is a Delaware corporation with its principal place of business in Florida, and thus a commission is required to depose Hertz. Plaintiff has not provided any evidence in support of this contention though. Moreover, Defendant...

Excerpt: ...he offer. (See Meissner v. Paulson (1989) 212 Cal.App.3d 785, 791.) Defendants' offer does not identify which Plaintiff to whom it is made. To the extent Defendants intended the offer to be made to Plaintiffs UHI and Lavine jointly, it is ineffective. Either Plaintiff's or both Plaintiffs' failure to accept the offer does not support a motion for post‐offer costs under Code of Civil Procedure section 998. If the tentative ruling is uncontested,...

Excerpt: ...elements of a breach of contract claim are: (1) the existence of the contract; (2) plaintiff's performance or excuse for failing to perform; (3) the defendant's breach; and (4) plaintiff's damages. (Amelco Electric v. City of Thousand Oaks (2002) 27 Cal.4th 228, 243.) This claim alleges that Plaintiff and Defendant Palermo entered into an oral and written contract. (Complaint ¶ 52.) Plaintiff fails to allege sufficient facts to support either an...

Excerpt: ... unless it finds that an objection to the request was sustained, the admission was of no substantial importance, the responding party had reasonable ground to believe that the party would prevail on the matter, or there was a good reason for the failure to admit. (Id. sect. 2033.420, subd. (b).) The moving party is only entitled to the reasonable expenses, including attorneys' fees “incurred in making the proof, i.e., proving the matters denied...

Excerpt: ...to the credentialing of Scott Chang, MD is GRANTED and the deponent shall appear for deposition within 15 days of the date of the service of notice of ruling. Plaintiff's motion to compel production of documents is DENIED without prejudice. CCP § 2025.410 provides, in pertinent part, as follows: (a) Any party served with a deposition notice that does not comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity un...

Excerpt: ...udgment in the amount of $10,000, less any amounts which BRUCE TASSI has paid (Defendants TASSI, INC. and BRUCE TASSI assert that $6,000 was paid on March 27, 2019, but provide no evidence of that fact and admit that the payment was late). Plaintiff is also entitled to $1,500 in attorneys' fees, $60 in costs for the cost of the motion, and pre‐judgment interest. Even though Plaintiff has not submitted facts, such as his counsel's hourly rate or...

Excerpt: ...ning unusual maintenance and consultant's fees, and the prayer for professional and technical fees, is GRANTED WITHOUT LEAVE TO AMEND. Plaintiff fails to oppose the motion as to these fees, and thus has not established she will be able to amend to allege facts to support she may recover these fees. The Motion to Strike paragraph 50 and the prayer for exemplary and punitive damages is GRANTED WITH LEAVE TO AMEND. As pled, Plaintiff fails to allege...

Excerpt: ...means to protect the privacy interest. Absent sealing, the private information would be publicly available. If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for petitioner County of San Mateo shall prepare a written order consistent with the Court's ruling for the Court's signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who hav...

Excerpt: ...ot required when the claim arises from an allegation that the foreclosing defendant failed to comply with the requirement of contacting the borrower before recording Notice of Default. (Mabry v. Superior Court (2010) 185 Cal. App. 4th 208, 225–26.) The basis of Plaintiff's claim is the allegation that Defendants did not contact him before initiating foreclosure proceedings. (Complaint para. 16.) Since the complaint is based on the allegation of...

Excerpt: ...ought, the Memorandum of Points & Authorities argues that the Court may dismiss or strike the Complaint when it fails to allege facts sufficient to state a cause of action against a particular defendant, or where there is a lack of subject matter jurisdiction, citing Code Civ. Proc. §§ 437c – 439. These are the Code sections pertaining to motions for summary judgment and motions for judgment on the pleadings. As the moving papers do not inclu...

Excerpt: ...rt finds the New Hampshire forum selection clause in the parties' arbitration agreement is unconscionable, and thus unenforceable. The remainder of the parties' arbitration agreement, however, is valid and unenforceable. As set forth in Defendant's moving papers and not disputed by Plaintiff, California, New Hampshire, and federal law all favor the enforceability of arbitration agreements. See, e.g., California Arbitration Act (“CAA”), codifi...

Excerpt: ... as a matter of law. Code Civ. Proc. § 437c(c). Specifically, Defendant is unable to establish the assumption of risk doctrine as a complete defense to Plaintiff's First cause of action for negligence. Defendant contends that her admitted conduct of cutting across the jumping lanes in the warm‐up arena, approaching Plaintiff from behind without warning, and bringing her horse into close proximity with Plaintiff's horse was within the range of ...

Excerpt: ....2 in that the Motion alleges the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy. The Court therefore will treat the Motion as a petition to compel arbitration and motion to stay the action pending arbitration. The Court finds that an agreement to arbitrate exists based on the parties' agreement that the credit agreement underling this action contains an arbitrat...

Excerpt: ...ummary adjudication. A summary judgment may be granted where it is shown that either the action has no merit, or that there is no defense to the action or proceeding. (Code of Civ. Proc. § 437c(a).) The court must determine from the evidence presented that there is no triable issue as to any material fact, and that the moving party is entitled to judgment as a matter of law. (Code of Civ. Proc. § 437c(c).) Thus, if one single material fact is d...