Excerpt: ... Settlement is tentatively ruled upon as follows. This Court GRANTS preliminary approval of the Settlement as set forth in the First Amended Joint Stipulation and Settlement Agreement attached as Exhibit 4 to the Declaration of David Bibiyan (“Bibiyan”). On February 3, 2022, this Court filed a written order denying preliminary approval without prejudice and identified issues that the Court wanted addressed. On March 7, 2022, Plaintiffs filed ...

Excerpt: ...prejudice and has not misled the other side, even if the request is delayed, the liberal policy of allowing amendments prevails and it is an abuse of discretion to deny leave in such a case even if sought as late as the time of trial. Higgins v. Del Faro (1981) 123 Ca1.App.3d 558, 564‐565. “The policy favoring amendment is so strong that denial of leave to amend can rarely be justified: ‘If the motion to amend is timely made and the grantin...

Excerpt: ...nce per se, and a survival claim. Plaintiff also seeks to add Vaishali Bhardwaj as a defendant. According to the declaration of Plaintiff's counsel, further investigation revealed additional facts relevant to the Complaint after counsel substituted into this case in September 2021. Sachs Decl., ¶ 4. Requests to amend are to be liberally granted. Nestle v. City of Santa Monica (1972) 6 Ca1.3d 920, 939. When amendment would not prejudice and has n...

Excerpt: ...cal Rule 3.403 for the April 19, 2022 hearing. The Court SUSTAINS without leave to amend Defendant Twitter, Inc.'s demurrer to the complaint. The Court GRANTS Defendant's Request for Judicial Notice: Pursuant to Evidence Code §452(d), the Court may take judicial notice of court records, but only as to the fact that these documents were filed in the federal court in a case by Plaintiff against Defendant and not the contents therein, which are hea...

Excerpt: ... against Defendant Social Concepts Inc. is GRANTED. The Court GRANTS Plaintiff's and Defendant's Requests for Judicial Notice. Document Request Defendant has withdrawn its attorney‐client and work product objections. Declaration of Donald F. Drummond in Opposition to Motion to Compel and in Support of Motion for Protective Order ¶ 3. The Court overrules the objection that the request seeks documents that are not material or reasonably calculat...

Excerpt: ... about January 10, 2022. Plaintiff American Express Bank's Motion for Summary Judgment, filed 1‐11‐22, is GRANTED. Code Civ. Proc. Sect. 437c. Plaintiff's alternative Motion for Summary Adjudication is therefore DENIED AS MOOT. Having reviewed the parties' briefing and evidence, the Court finds that Plaintiff met its initial burden of presenting evidence demonstrating that Defendant Lilia Rodriguez: (a) entered into a credit card agreement wi...

Excerpt: ...) First, the court determines whether plaintiff may bring the action and force the claimants to interplead. (Id. at 1126‐1127.) Second, if it is so determined, then the court discharges plaintiff and then determines the rights of the various claimants to the property deposited with the court. (Id. at 1127.) Plaintiff presents evidence to support that it is a mere stakeholder that has no interest in the $64,500 funds that it seeks to interplead,...

Excerpt: ...tion to strike the “conspiracy” allegations from the SAC, Para. 50 and 51, is DENIED. The motion argues the conspiracy allegations are improper because the SAC does not properly plead fraud or elder abuse against the Luthra Defendants. It also argues the Luthras owed no “duty” to the Plaintiff, and therefore, cannot be held liable for “conspiracy.” The authority cited for that proposition, however, appears distinguishable. The Court i...

Excerpt: ...mur to the SAC's First, Second, Fourth, and Fifth Causes of Action (alleging “cancellation of instruments,” fraud, financial elder abuse, and violation of Bus. & Prof. Code Sect. 17200). The SAC generally alleges that the Luthra Defendants, together with the Love/Williams/Omega Defendants, participated in a fraudulent scheme/plan to damage Plaintiff by arranging a purchase of Plaintiff's Millbrae property in which (a) all Defendants would rec...

Excerpt: ... on failure to state facts sufficient to support this claim. Government Code section 835 provides for liability of a dangerous condition of public property by a public entity. First, the County asserts that Plaintiffs has not pled facts to support its liability under either section 835(a) or (b). Plaintiffs allege facts sufficient to support that the County had actual notice under section 835(b) to support this claim though. In order to sufficien...

Excerpt: ...a case by Plaintiff against Defendant and not the contents therein, which are hearsay in the present action. “The court cannot accept as true the contents of pleadings … in the other action just because they are part of the court record of file. Such documents are inadmissible hearsay in the present case.” Weil & Brown, Cal. Practice Guide, California Civil Procedure Before Trial (TRG 2021) ¶7:15.1, citing Day v. Sharp (1975) 50 Cal.App.3d...

Excerpt: ...s. Claim preclusion arises if a second suit involves (1) the same cause of action (2) between the same parties (3) after a final judgment on the merits in the first suit. Finley and McGuire, California Summary Judgment and Related Termination Motions |August 2021 Update, § 2:63, citing Kim v. Reins International California, Inc. (2020) 9 Cal. 5th 73. It is undisputed that the California State Personnel Board (SPB) issued an order on December 13,...

Excerpt: ...ce of Administrative Hearings and Department of Developmental Services and Real Party in Inter Golden Gate Regional Center (“GGRC”), which denied that she was eligible for services under the Lanterman Developmental Disabilities Act. On February 4, 2022, Vivian filed her opening brief, on March 4, 2022, GGRC filed its opposition brief, and on March 21, 2022, Vivian filed her reply brief. The parties filed a Joint Submission of Record. PROCEDUR...

Excerpt: ...d March 21, 2022 has the Court making a finding that the Settlement was entered into in good faith pursuant to Code of Civil Procedure § 877.6, proposed order at 2, when the memorandum of points and authorities does not discuss any of the factors that the Court must consider under Tech‐Bilt, Inc. v. Woodward‐Clyde & Assocs. (1985) 38 Cal.3d 488, to find a good faith settlement. Background This is a PAGA and putative class action regarding ov...

Excerpt: ...teenth affirmative defense provides: “As a separate and affirmative defense, defendants contend that plaintiffs' complaint, each cause of action thereof and/or remedies sought are barred by the doctrine of estoppel.” SAA, ¶ 14. As noted by Plaintiffs, the answer must aver facts “as carefully and with as much detail as the facts which constitute the cause of action and which are alleged in the complaint.” Weil & Brown, Cal. Prac. Guide Ci...

Excerpt: ...ns received or generated from November 1, 2020 to present, relating to the management” of Respondent's open spaces and the Parks and Recreation and Open Space Management Plan. Exhibit 1 to the Declaration of Scott Rennie in support of Respondent's Opposition filed January 28, 2022 (“Rennie Decl.). On March 19, 2021, Respondent informed Petitioner that it needed more time to review documents. On April 1, 2021, Respondent determined that there ...

Excerpt: ...in this case DENIES Plaintiff's motion to reopen discovery for the reasons set forth below. Plaintiff filed this action in September 2019, and the case was initially set for trial in December 2020. Due to the Covid‐19 pandemic, trial was continued to January 26, 2022. Plaintiff served an Expert Witness Disclosure on Defendants on December 6, 2022. Liang Decl.. ¶ 6; Ex. C. Plaintiff's current counsel, Sam Fareed, was substituted into this case ...

Excerpt: ...Motion tentative rulings. For the reasons stated below, having reviewed the parties' briefing and supporting evidence, and in exercise of the Court's discretion, the Court hereby DENIES Petitioners Coalition of Pacificans for an Undated Plan et. al.'s (“Petitioners”) Motion for Sanctions, filed 2‐7‐22. Code Civ. Proc. Sects. 128.5, 128.7. Petitioners seek sanctions against Real Parties in Interest Javier Chavarria (“Chavarria”) and Vi...

Excerpt: ...t to arbitrate these claims exists. Instead, Plaintiff claims that the arbitration agreement is unconscionable because Defendant put the onus on Plaintiff, as the employee, to opt out of the arbitration agreement. 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, 795.) Unconscionability has both a procedural and substantive element, a...

Excerpt: ...es of action. See Weil & Brown, California Practice Guide: Civil Procedure Before Trial §7:129 (TRG 2021) (Although leave to amend is routinely granted, it is proper to deny amendment when the complaint shows on its face that it is incapable of being amended.). After the Court sustained the Scopazzi Defendants demurrer to the Second Amended Complaint finding that there were no facts alleged which demonstrated justifiable reliance on the alleged ...

Excerpt: ... to demonstrate that there are additional facts, which would state a cause of action, the Court finds that based upon the facts previously alleged and the omissions from the original complaint, which were omitted in the First and Second Amended Complaints, further amendment would be futile. (See Weil & Brown, California Practice Guide: Civil Procedure Before Trial §7:129 (TRG 2021) (Although leave to amend is routinely granted, it is proper to d...

Excerpt: ...n Lei's Asset Disclosure Exhibit A containing a list of Ms. Lei's real properties in London and Macau; (2) those portions of Ms. Lei's Asset Disclosure Exhibit B, containing a list of Ms. Lei's bank or financial accounts; (3) those portions of Ms. Lei's Asset Disclosure Exhibit C, containing a list of Ms. Lei's personal property valued at over $10,000; and (4) those portions of Kei Leung's document production containing Mr. Leung's financial docu...

Excerpt: ... the complaint within ten days after this action was commenced. (See Labor Code section 2699(l)(1). The Court does not see evidence that the complaint was filed with LWDA within that ten day period. Second, the parties shall explain why they decided to have any uncashed checks escheat to the general fund rather than select a cy pres recipient whose mission is to fulfill the purposes of PAGA. Third, it is unclear the amount Plaintiff is seeking fo...

Excerpt: ...losed: Plaintiff Michael D. Liberty and I previously worked at the same law firm until Mr. Liberty left the firm over 20 years ago and were co‐counsel on at least one matter over five years ago. While we were colleagues, we socialized on occasion at firm functions. More recently, Mr. Liberty was opposing counsel on a matter I was handling just before my appointment to the bench. I do not believe I have socialized with Mr. Liberty for at least 8...

Excerpt: ...ber 1, 2020, Plaintiff sent the following email to Defendants, which provides in relevant part: From: Debra Myers Subject: Re: 202 14th Avenue Date: November 1, 2020 at 9:26:15 AM Good Morning Sue and Bob, […] I accept that the move is real and I will be leaving my home of 34 years. That said, I am still uncomfortable with the reason I have to leave. I have contacted a friend of mine who is a tenant rights[‘] attorney and I have attached some...

Excerpt: ... for Deposition and Provide Further Discovery Responses is GRANTED. The Court imposes terminating sanctions and therefore dismisses Plaintiff's case. Alternatively, if that order is not upheld, the Court issues evidentiary sanctions and strikes portions of the prayer. This Court is familiar with this case having presided over key motions when it was Law and Motion judge and having been the single assigned judge on this case since December 4, 2020...

Excerpt: ...ry motion to review before granting it.” California Judge's Benchbook: Civil Proceedings Before Trial § 6.21 (Thomson Reuters 2021). Therefore, the Court has substantively reviewed Defendants' demurrer. Defendants demur to the entire Complaint on the ground that it fails to allege facts sufficient to constitute any cause of action. (See Defendants' Demurrer.) However, Defendants also argue in their Memorandum that the Complaint is uncertain. (...

Excerpt: ... 3294. Meet and Confer GM has not filed the meet and confer declaration required by Code Civ. Proc. Sect. 435.5. The argument in GM's Memorandum of Points & Authorities that “GM made a good faith attempt to meet and confer to resolve the issues in this motion to strike without the need for court intervention, but was unsuccessful despite its best efforts,” does not satisfy Sect. 435.5, which requires a sworn declaration attesting to a proper ...

Excerpt: ...mpany v. Montana Eighth Judicial District Court (2021) 141 S.Ct. 1017, 1024, 209 L.Ed.2d 225 quoting Goodyear Dunlop Tires Operations, S.A. v. Brown (2011) 564 U.S. 915, 919. Specific jurisdiction is different: It covers defendants less intimately connected with a State, but only as to a narrower class of claims. The contacts needed for this kind of jurisdiction often go by the name “purposeful availment.” Burger King Corp. v. Rudzewicz, 471 ...

Excerpt: ...ct to the first cause of action for cancellation of the parties' agreement, and as to the third cause of action for fraud. 1 st COA ‐ Cancellation Defendant contends “Plaintiffs' cause of action is based on the alleged deficiencies of the components of the Contract itself, which Plaintiffs received and entered by September 8, 2014. . . . Therefore, the statute of limitations began to run and would have expired on or about September 8.” MPA,...

Excerpt: ...any other person or his property.” (Bewley v. Riggs (1968) 262 Cal.App.2d 188, 194.) “The driver of an automobile is bound to use reasonable care to anticipate the presence on the highway of others who have equal right to be there . . . .” (Hill v. Peres (1934) 136 Cal.App. 132, 137.) “It cannot be disputed that [a motorist owes] a duty . . . not to drive under the influence of alcohol . . . .” (Bryant v. Glastetter (1995) 32 Cal. App. ...

Excerpt: ...D. Plaintiff's Motion for Summary Adjudication is GRANTED in part pursuant to Code of Civil Procedure §437c(f) with respect to the Ninth Cause of Action for Failure to Provide Records and DENIED with respect to the remainder of the motion, as follows: Procedural Issues in Plaintiff's Motion Plaintiff's motion fails to comply with the California Rules of Court Rule 3.1350(b) regarding identification of all issues in the notice of motion. Defendan...

Excerpt: ...tation and Second Cause of Action for Fraudulent Concealment is OVERRULED. Cross‐Defendant asserts that Cross‐ Complainant cannot allege facts to support justifiable reliance because the fee sharing agreement that Cross‐Complainant seeks to enforce is unlawful and against public policy because it fails to comply with Professional Rules of Conduct Rule 1.5.1. Rule 1.5.1 governs fee divisions among lawyers that are not in the same law firm, a...

Excerpt: ...n Order to Show Cause re Failure to Complete ADR Process on August 10, 2021; and (2) a Case Management/Trial Setting Conference on August 10, 2021, where the Court set a jury trial for March 9, 2022, a Pretrial Conference on February 7, 2022, and a Mandatory Settlement Conference on February 24, 2022. The parties failed to file any of the documents required by the Pretrial Order, e.g. motions in limine, jury instructions, witness and exhibit list...

Excerpt: ... is DENIED. The Motion addresses only the open book account and account stated claims, even though Plaintiff alleges other common count claims in the Complaint. Therefore, Plaintiff fails 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 claim is GRANTED. Plaintiff presents evidence to establish all the elements of an open book account claim fo...

Excerpt: ...m seeking an award of costs of proof under section 2033.420. The case Plaintiffs rely on, City of Glendale v. Marcus Cable Assocs., LLC, 235 Cal. App. 4th 344, 348 (2015), is distinguishable since it involves a federal law that expressly limited remedies to equitable relief. Under section 2033.420, if a party fails to admit the truth of any matter when requested to do so, and if the party requesting that admission thereafter proves the truth of t...

Excerpt: ...led their SLAPP motion. On August 24, 2021, the Court granted Plaintiff's motion to conduct limited discovery pursuant to Code of Civil Procedure § 425.16(g). The written order was filed on September 23, 2021. On October 26, 2021, Plaintiff filed her opposition to the SLAPP motions and on November 1, 2021, Defendants filed their replies. Between the time that Defendants filed their motion and Plaintiff filed her opposition, the Supreme Court iss...

Excerpt: ...nd Melanie Cole, as an individual (“Plaintiff”) is ruled on as follows: The Demurrer to the First Cause of Action for Breach of Contract is OVERRULED. Plaintiff alleges facts sufficient to support that Defendant is liable for breach of contract based on Defendant's alleged breach of the written Admission Agreement. (See FAC, ¶¶ 65, 67, and Exh. A, ¶¶ 8, 10.) The term “supervision promises” is not so uncertain that Defendant cannot rea...

Excerpt: ...t”) is ruled on as follows: The Motion for Summary Judgment is DENIED. The Motion addresses only the open book account and account stated claims, even though Plaintiff alleges other common count claims in the Complaint. Therefore, Plaintiff fails to meet its initial burden of establishing that it is entitled to summary judgment. The Motion for Summary Adjudication to the open book account and account stated claims is also DENIED. Plaintiff's ev...

Excerpt: ... and building materials furnished to Plaintiffs but not paid for, that factual allegations in the lien were verified under penalty of perjury as true by Defendant Berry, and that the factual allegations made in the lien were untrue. Complaint, ¶15. Defendant Berry signed the lien as the agent of Verco Ex. B to Complaint. These allegations are taken as true for purposes of demurrer. Plaintiffs sue Berco and Berry in the first cause of action for ...

Excerpt: ...requiring Plaintiff to provide verified responses to Defendant's Form Interrogatories, Set One, Special Interrogatories, Set One, and Demands for Inspection, Set One. According to the declaration of Defendant's counsel, “To date, plaintiff has failed to comply with the Court's orders and has failed to properly respond to discovery.” Olsen Decl., ¶ 8. Defendant does not seek any lesser sanctions in its notice of motion or motion. Defendant re...

Excerpt: ...ed each of the specific requests for sealing as well as the pleadings filed regarding this motion. This Court in exercising its discretion, after considering and balancing all the factors in California Rule of Court 2.550 and NBC Subsidiary (KNBC‐TV), Inc. (1999) 20 Cal. 4th 1178, 1204 (“KNBCTV”) specifically finds for each of the portions identified below: (i) there exists an overriding interest, which (ii) overcomes the right of public ac...

Excerpt: ...ing the record and weighing the Tech‐Bilt factors finds that Transmetro has met its burden of demonstrating Plaintiff's settlement with Defendants A3 Mobility, LLC and Jose Antonio Rodriguez, Jr., for the collectively sum of $50,000, was not entered into in good faith for purposes of Code Civ. Proc. Sect. 877.6 and Tech‐Bilt, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488, 499‐500. Even without considering the sworn November 10,...

Excerpt: ...or Settlement or Judgment (the “Stipulation”) signed November 9, 2020 by Joe Iskander, President of Defendant Synectic Packacking, Inc. Paragraph 6 of the Stipulation specifies that the Court shall retain jurisdiction of the stipulation pursuant to Code of Civil Procedure § 664.6. Paragraph 1 provides that Defendant acknowledges a debt owing to Plaintiff by Defendant is “is $329,841.80 principal, interest on said amount at the rate of ten ...

Excerpt: ...the “prevailing party” on the Petition to Release Mechanic's Lien. Petitioner contends that “Petitioner is the prevailing party as it obtained the relief sought in its Petition as evidence by the subsequent release of the Subject Mechanics Lien.” MPA, p.3. Petitioner notes that “Respondent's initial refusal to release the Subject Mechanics Lien caused the filing of the Petition and Respondent should not be able to avoid the consequences...

Excerpt: ...occurred on February 7, 2019, but this action was not filed until more than two years later on June 28, 2021. Defendant acknowledges that 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, but Defendant argues that Rule 9 only applies to statutes of limitations that expired during this time frame. The Court find...

Excerpt: ...nd dryer are personal property that remained in the premises after the deadline to vacate. (Decl. of Tsang, Ex. 4.) Further, Defendants were required to remove all trash except “any trash from the outdoor spaces which has been left by Plaintiff . . . .” (Stipulation para. 2.) Plaintiffs' opposing evidence shows extensive amounts of trash and refuse left in the yard of the rented property (Decl. of Tsang, Ex. 4) and in Plaintiffs' adjacent vac...

Excerpt: ... the Complaint alleges compliance with applicable claims statutes, the government claim attached to the Complaint shows that Plaintiff did not file it within six months of the accrual of her cause of action, as required by Gov't Code § 911.2. Facts appearing in exhibits attached to the complaint are given precedence over inconsistent allegations in the complaint. (Moran v. Prime Healthcare Mgmt., Inc (2016) 3 CA5th 1131, 1145‐1146.) Plaintiff ...

Excerpt: ...st not use the information produced in this case in any other proceeding. The issue for the Court to resolve is whether the stipulated protective order, signed by the Court on October 19, 2021, allows Plaintiffs to use the information produced by Lei in this case to file cases in other jurisdictions to freeze her assets. A court may in its discretion enter a protective order to prohibit the disclosure of confidential information. See Raymond Hand...

Excerpt: ...aim for false or fraudulent misrepresentation under Bus. & Prof. Code § 7160, he is entitled to attorney's fees as the “prevailing party.” The Court, however, has previously rejected this argument, asserted in Mr. Paycheck's opposition to Defendants' motion for attorney's fees. (9/30/21 Opposition, p.4) As noted in the Court's October 26, 2021 tentative ruling, which was incorporated in the Court's November 16 Order: Only one of Paycheck's f...