Excerpt: ...16, 2023. At that time, Defendants had not filed an opposition. At the hearing on February 16, 2023, Defendants claimed that they never received the Motion so the Court continued the hearing to February 23, 2023. At the hearing on February 23, 2023, the Court continued the hearing to March 16, 2023 and set a briefing schedule for Defendants' opposition, and Plaintiff's reply. 80th Defendants and Plaintiffs timely filed their briefs. In their oppo...

Excerpt: ...ition is CONTINUED to May 25, 2023 at p.m. The parties are ORDERED to file and serve simultaneous supplemental briefs no longer than seven (7) pages on or by April 6, 2023 addressing the following issues: 1. Whether Logan v. Country Oaks Partners LLC (2022) 82 Cal.App.5th 365 [review granted) can be reconciled with Hutcheson v. Eskaton Fountainvvoc„d Lodge (2017) 17 Cal.App.5th 937 (Hutcheson)? And if so, how? 2. Whether Hutcheson is distinguis...

Excerpt: ...ferences that may be drawn from those facts." (Miklosy v. Regents of the University of Cal. (2008) 44 Cal.4th 876, 883.) The Court may "also consider matters that may be judicially noticed .. " (Brown v. Deutsche Bank Natl. Trust Co. (2016) 247 Cal.App.4th 275, 279.) he Court does "not, however, assume the truth of contentions, deductions or conclusions of law." (Guerrero v. Pacific Gas & Electric Co. (2014) 230 Cal.App.4th 567, 571.) Because the...

Excerpt: ...vil Procedure section 481.010, et seq.)] are subject to strict construction," and a court may not issue a writ of attachment unless authorized by those statutes. (Pacific Decision Sciences Corp. v. Superior Court (2004) 121 Cal.App.4th 1100, 1106.) under the Attachment Law statutes, an application for a writ of attachment must be based on a claim for breach of an express or implied contract. (Code Civ. Proc., S 483.010(a); Korea Water Resources C...

Excerpt: ...tella v. Asset Management Consultants, Inc. (2017) 8 Cal.App.5th 181, 191.) But a demurrer “ ‘will lie where the complaint “has included allegations that clearly disclose some defense or bar to recovery.” ' ” (Ibid.) In other words, “ ‘a demurrer based on an affirmative defense will be sustained only where the face of the complaint discloses that the action is necessarily barred by the defense.' ” (Ibid.) B. Discussion Both partie...

Excerpt: ... inferences that may be drawn from those facts.” (Miklosy v. Regents of the University of Cal. (2008) 44 Cal.4th 876, 883.) The Court may “also consider matters that may be judicially noticed . . . .” (Brown v. Deutsche Bank Natl. Trust Co. (2016) 247 Cal.App.4th 275, 279.) The Court does “not, however, assume the truth of contentions, deductions or conclusions of law.” (Guerrero v. Pacific Gas & Electric Co. (2014) 230 Cal.App.4th 567,...

Excerpt: ...ssory fraud on the ground that it is barred by the three-year statute of limitations set forth in Civil Code Section 338, subdivision (d). The Court previously sustained Plaintiff's demurrer on this ground: “Plaintiff contends Defendants' fifth cause of action for promissory is barred by the three-year statute of limitations applicable to causes of action for fraud. Defendants counter that they are only asking for rescission in that cause of ac...

Excerpt: ...quest for Production of Documents, Set Two (Motion) is GRANTED. Plaintiff's request for monetary sanctions is GRANTED IN PART and DENIED IN PART. As a threshold matter, the Court notes that Defendant filed his opposition on February 10, less than 9 court days before the hearing date in violation of Code of Civil Procedure section 1005, subdivision (b) and rule 3.1300, subdivision (a) of the California Rules of Court. But even upon considering Def...

Excerpt: ...e the prevailing party on their anti-SLAPP motion and are therefore entitled to recover their attorney's fees and costs. Under Code of Civil Procedure section 425.16, subdivision (c)(1),” a prevailing defendant on a special motion to strike shall be entitled to recover that defendant's attorney's fees and costs.” “Given the express legislative preference for awarding fees to successful anti-SLAPP defendants, a party need not succeed in stri...

Excerpt: ...order. Defendant's Motion to Strike is DENIED. Defendant's Request for Judicial Notice is GRANTED with respect to the items numbered 1–7, 10, and 13–16 and DENIED with respect to the items numbered 8–9 and 11–12. I. DEMURRER As a preliminary matter, Defendant's Demurrer addresses both the “Objection to Demurrer Motion [¶] Amended Complaint” (Objection) and “Amended Complaint and Petition for Protection under the American Disabiliti...

Excerpt: ...o strike, the allegations in the complaint are considered in context and presumed to be true: ‘(J)udges read allegations of a pleading subject to a motion to strike as a whole, all parts in their context, and assume their truth.' ” (Weil & Brown, supra, at § 7:197.5, quoting Clauson v. Superior Court (Pedus Services, Inc.) (1998) 67 Cal.App.4th 1253, 1255.) Accordingly, a motion to strike “will be granted only if it is clear that the matte...

Excerpt: ...laint and the reasonable inferences that may be drawn from those facts.” (Miklosy v. Regents of the University of Cal. (2008) 44 Cal.4th 876, 883.) The Court may “also consider matters that may be judicially noticed . . . .” (Brown v. Deutsche Bank Natl. Trust Co. (2016) 247 Cal.App.4th 275, 279.) The Court does “not, however, assume the truth of contentions, deductions or conclusions of law.” (Guerrero v. Pacific Gas & Electric Co. (20...

Excerpt: ...OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION Defendant City of Millbrae's (City) Motion for Summary Judgment or, in the Alternative, Summary Adjudication (Motion) came for hearing before this Court on February 9, 2023 at 2:00 p.m. All parties appeared through their counsel. Having considered all papers filed in support of and in opposition to the Motion, oral arguments of the parties, any testimony and evidence presented at the hearing, and all o...

Excerpt: ...positions of Golden Gate Produce Terminal Ltd.'s Board of Directors Peter Carcione, Stephen Hurwitz, and Joseph Carcione, Jr (Motion) is DENIED. Plaintiff's request for sanctions is DENIED. Plaintiff contends “apex” depositions of three members of Plaintiff's Board of Directors are improper because Defendant has not made the showing required by Liberty Mutual Ins. Co. v. Superior Court (Frysinger) (1992) 10 Cal.App.4th 1282, 1287-1288 (Libert...

Excerpt: ...rted by an otherwise sufficient claim or defense.” (Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before Trial (The Rutter Group June 2020) § 7:178 (Weil & Brown).) Defendant moves to strike: (1) introductory allegations about the results of surveys on the prevalence of security deposit withholding in California (see Compl., ¶¶ 1‐6) and (2) the punitive damage allegations (see id., ¶¶ 6, 80, 100, 109, 113 & p. 22). As explained below, the M...

Excerpt: ...dale Shopping Center (Hillsdale) (collectively, Defendants) is GRANTED. A. Facts Plaintiff Abigail Masic‐Maharaj, a toddler, approached the escalator unaccompanied by an adult. (Statement of Undisputed Facts (SUF), ¶ 1.) Plaintiff fell on the escalator while unaccompanied by an adult. (Id., ¶ 2.) “Immediately after the incident, the escalator was shut down and inspected.” (Id., ¶ 3.) The inspection revealed “[n]o defects or operational...

Excerpt: ...d confer requirement imposed by Code of Civil Procedure section 430.41, subdivision (a). Plaintiff's meet and confer declaration simply states that “On October 25, 2022, I attempted to meet and confer with Craig Smith, counsel for Cross‐Complainant, regarding a demurrer to the First Amended Cross‐Complaint in this matter. I sent via email the letter attached hereto as ‘Exhibit A' and invited Mr. Smith to have a telephone conference regard...

Excerpt: ...i (collectively, Plaintiffs) concede that the causes of action in their Amended Complaint “are less than well pled.” (Opp., at p. 1.) Instead of opposing the Demurrer on the merits, they attach a Proposed Second Amended Complaint (Proposed SAC) as evidence that leave to amend should be granted. (See Opp., ex. A.) Although the Proposed SAC does not cure all the defects identified by Defendants, the Court cannot conclude that there is no reason...

Excerpt: ...The Gearings move to compel further responses to the 104 requests for production (RFPs) contained in Defendant Thomas Gearing's Request for Production of Documents, Sets One and Two (Thomas Gearing Set One and Set Two), and Defendant Daniel Gearing's Request for Production of Documents, Set One (Daniel Gearing Set One). The Gearings served the sets of RFPs on Plaintiff and Cross‐Defendant City of Half Moon Bay (City) on April 26 and May 24, 202...

Excerpt: ... Association's Demurrer to Plaintiff's Complaint—which is incorporated herein—the MJOP is DENIED as to Plaintiff Brian Peagler's first cause of action under the Unruh Act but GRANTED WITH LEAVE TO AMEND as to his remaining causes of action. If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for the Individual Defendants shall prepare a written order consistent with the Court's ruling for the Co...

Excerpt: ...Standard On a demurrer, the Court must “assume the truth of the facts alleged in the complaint and the reasonable inferences that may be drawn from those facts.” (Miklosy v. Regents of the University of Cal. (2008) 44 Cal.4th 876, 883.) The Court may “also consider matters that may be judicially noticed . . . .” (Brown v. Deutsche Bank Natl. Trust Co. (2016) 247 Cal.App.4th 275, 279.) The Court does “not, however, assume the truth of co...

Excerpt: ...ment is denied because the Motion addresses only the open book account claim, even though Plaintiff alleges other common count claims in the Complaint. Therefore, Plaintiff has not met its initial burden of establishing that it is entitled to summary judgment. 2. Summary Adjudication Summary adjudication of Plaintiff's open book account claim is denied without prejudice because Plaintiff has not met its initial burden establishing that Defendant ...

Excerpt: ... set forth in Code of Civil Procedure section 366.2. According to Defendant, “[b]ecause this action is based ‘on a liability of the decedent', i.e. Andrew Goldstein, C.C.P. section 366.2 was triggered upon Andrew's death. HSBC had one year from Andrew's death to bring its action and HSBC alleged that Andrew died on November 18, 2014. (FAC, ¶18.) The action is therefore barred by C.C.P. section 366.2.” The Court of Appeal, however, already ...

Excerpt: ...D IN PART and SUSTAINED IN PART WITH LEAVE TO AMEND. Defendants' Evidentiary Objections are OVERRULED. Defendants' Request for Judicial Notice (RFJN) of the Facebook Memorial Page is DENIED. The RFJN is GRANTED in all other respects. 1. Legal Standard On a demurrer, the Court must “assume the truth of the facts alleged in the complaint and the reasonable inferences that may be drawn from those facts.” (Miklosy v. Regents of the University of ...

Excerpt: ...cuments as Subject to Privilege (collectively, Motions) are DENIED as to document nos. 1 and 7‐11 on Defendant Nordstrom, Inc's Second Revised Supplemental Privilege Log (Privilege Log). The parties are ORDERED to appear to discuss document nos. 2‐6 on the Privilege Log. “The attorney‐client privilege, set forth at Evidence Code section 954, confers a privilege on the client ‘to refuse to disclose, and to prevent another from disclosing...