Excerpt: ...D DEBORAH CHANG REVOCABLE TRUST; and DOES 1‐20, incluaive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 22‐CIV‐00022 Assigned for All Purposes to Hon. Danny Y. Chou ORDER GRANTING APPLICATION FOR PRELIMINARY INJUNCTION Plaintiff Pacific Gas and Electric Company's (PG&E) Application for Preliminary Injunction re: Court's Order to Show Cause (Application) came for hearing before this Court on May 19, 2022 at 2:00 p.m. All parties appea...

Excerpt: ...ent. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 21‐CIV‐04140 Assigned for All Purposes to Hon. Danny Y. Chou ORDER DENYING PETITION FOR REVIEW Petitioner Savannah J. Phillips was arrested for driving under the influence of alcohol (DUI). (Administrative Record (AR) 61.) Following an administrative hearing in which Phillips presented evidence, the Department of Motor Vehicles (DMV) suspended her driver's license. (AR 3.) Phillips then filed this Peti...

Excerpt: ...ant to a Retail Installment Sales Contract (Contract). (Keithly Decl., ¶ 2 & ex. A.) The only signatories to the Contract are Sunnyvale Ford and Plaintiff. (See id., ex. A.) Neither FMC nor Towne, which attempted to repair the vehicle as FMC's representative, is a signatory. (Ibid.) The Contract contains an arbitration provision, which states in relevant part that: “Any claim or dispute, whether in contract, tort, statute or otherwise (includi...

Excerpt: ...NED WITHOUT LEAVE TO AMEND. Defendants demur to the Second Cause of Action for Tortious Interference with Contractual Relations and the Third Cause of Action for Intentional Interference with Prospective Economic Advantage on the ground that Plaintiff failed to state facts sufficient to support a claim. The Court agrees. “California recognizes a cause of action against noncontracting parties who interfere with the performance of a contract. ‘...

Excerpt: ...ded $900 in filing fees from San Mateo Superior Court Case No. 19PRO00851 (hereinafter, the Probate Action). Defendant provides no authority to support an award of costs incurred in the Probate Action in this independent civil action. Indeed, nothing, including this Court's ruling on this Motion, appears to preclude Defendant from seeking these costs in the Probate Action, and Defendant does not argue otherwise. Therefore, the $900 in costs incur...

Excerpt: ...o a party in time to defend against the action and a default has been entered. (Code Civ. Proc., § 473.5.) Defendant's motion under this section has been timely brought. (See id., § 473.5, subd. (a).) Defendant also establishes that his lack of actual notice was not based on his avoidance of service or inexcusable neglect. (See Def. Decl.) Defendant has therefore established that he is entitled to relief under Code of Civil Procedure section 47...

Excerpt: ...ving reviewed the parties' briefing, the Court finds Plaintiff's meet and confer efforts have been sufficient and therefore addresses the merits of their discovery dispute. As to Special Interrogatory No. 14, the motion is GRANTED. That Interrogatory asks GM to identify the persons who performed warranty repairs on Plaintiff's vehicle. While the service advisors identified by GM appear to be responsive and helpful, the identity of the service tec...

Excerpt: ...d have been filed as separate documents. (See Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before Trial (The Rutter Group 2021) § 7:162.1.) Therefore, Defendant is advised to do so in the future. The Demurrer to the Exemplary Damages Allegations is OVERRULED. Defendant contends the Exemplary Damages Attachment fails to state facts sufficient to constitute a cause of action. However, this Attachment only seeks additional damages (see Compl., Exempl...

Excerpt: ...te documents. (See Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before Trial (The Rutter Group 2021) § 7:162.1.) Therefore, Defendant is advised to do so in the future. The Demurrer to the Exemplary Damages Allegations is OVERRULED. Defendant contends the Exemplary Damages Attachment fails to state facts sufficient to constitute a cause of action. However, this Attachment only seeks additional damages (see Compl., Exemplary Damages Attachment) and...

Excerpt: ...p.m. Nelson Goodell appeared on behalf of Plaintiff Laura Blue. Samantha Chugh and Terry Bates appeared on behalf of Defendants. Having considered all papers filed in support of and in opposition to the Motion, oral arguments of the parties, all testimony and evidence presented at the hearing, and all other pleadings and papers on file herein, the Court DENIES the Motion. I. LEGAL STANDARD “ ‘ “To secure summary judgment, a moving defendant...

Excerpt: ... the matters specified in Code of Civil Procedure section 1179.11. (See Code of Civ. Proc., § 1179.11, subd. (a).) Consistent with this requirement, Plaintiff's Cover Sheet states that “Plaintiff has not received a communication from the defendant that defendant has applied for governmental rental assistance to cover the rent or other financial obligations demanded from the defendant in this action.” (Plaintiff's Mandatory Cover Sheet and Su...

Excerpt: ..., the Court granted Plaintiff's motion to deem facts admitted. As result, Defendant has admitted the following facts: (1) she applied for a credit card with Plaintiff; (2) she accepted Plaintiff's invitation to open a credit card account with the number ending in 8176; (3) she received a card with that number; (4) she received a customer agreement with the card; (5) the agreement provided that, by using the card, she agreed to be bound by the ter...

Excerpt: ...on for premises liability and the second cause of action for negligence, the FAC does not allege the existence of a statutory duty. A cause of action against a government entity like CalTrans must plead “every fact essential to the existence of statutory liability . . . with particularity, including the existence of a statutory duty. . . Since the duty of a governmental agency can only be created by statute or ‘enactment,' the statute or ‘e...

Excerpt: ...ecause she has not established that she first sought relief from the Labor Commissioner before bringing this Motion. (See Labor Code, § 98, subd. (f); see also Jones v. Basich (1986) 176 Cal.App.3d 513, 518.) Defendant seeks to vacate the judgment under Code of Civil Procedure section 473, subdivision (b) on the ground that the Labor Commissioner sent the notice of hearing and other papers to an incorrect address; thereby, depriving Defendant of...

Excerpt: ... ) ) Case No.: 19CIV02280 Assigned for All Purposes to Hon. Danny Y. Chou ORDER GRANTING SUMMARY JUDGMENT The Motion for Summary Judgment of Defendant Ocean Colony Partners, LLC dba Half Moon Bay Golf Links (Motion) came for hearing before this Court on March 10, 2022 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, all testimo...

Excerpt: ...INC.; AETNA HEALTH MANAGEMENT, LLC and AETNA LIFE INSURANCE COMPANY, Plaintiffs, v. THE ALLERGY AND ASTHMA CLINIC; ANDREW ENGLER, M.D., and DOES 1‐25, inclusive, Defendants. RICARDO LARA, as California Insurance Commissioner, on behalf of the Department of Insurance and the People of the State of California Intervenor. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: CIV536118 Assigned For All Purposes to Hon. Danny Y. Chou ORDER D...

Excerpt: ...HEALTH MANAGEMENT, LLC and AETNA LIFE INSURANCE COMPANY, Plaintiffs, v. THE ALLERGY AND ASTHMA CLINIC; ANDREW ENGLER, M.D., and DOES 1‐25, inclusive Defendants. RICARDO LARA, as California Insurance Commissioner, on behalf of the Department of Insurance and the People of the State of California Intervenor. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: CIV536118 Assigned for All Purposes to Hon. Danny Y. Chou ORDER DENYING DEFEND...

Excerpt: ...5, inclusive Defendants. RICARDO LARA, as California Insurance Commissioner, on behalf of the Department of Insurance and the People of the State of California Intervenor. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: CIV536118 Assigned for All Purposes to Hon. Danny Y. Chou ORDER DENYING DEFENDANTS' MOTION FOR BIFURCATION The Motion for Bifurcation (Motion) filed by Defendants The Allergy and Asthma Clinic (Clinic) and Andrew Eng...

Excerpt: ...interpretation and treat the demurrer as admitting all material facts properly pleaded.” (Guerrero v. Pacific Gas & Electric Co. (2014) 230 Cal.App.4th 567, 571.) 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, at p. 571.) In an...

Excerpt: ...LICE'S AT SKYLONDA, INC.; and DOES 1 THROUGH 10, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 17‐CIV‐03724 Assigned for All Purposes to Hon. Danny Y. Chou ORDER GRANTING MOTION TO COMPEL Defendants Richard K. Rogers and Alice's at Skylonda, Inc.'s Motion to Compel Further Response to Defendants Requests for Production of Documents, Set Three (Motion) came for hearing before this Court on March 3, 2022 at 2:00 p.m. All parties appeared thro...

Excerpt: ...dent. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 19‐CIV‐06531 Assigned for All Purposes to Hon. Danny Y. Chou ORDER RE RESPONDENT'S MOTION TO COMPEL Respondent California Insurance Company (CIC)'s Motion to Compel Further Responses and Production (Motion) came for hearing before this Court on March 3, 2022 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...

Excerpt: ... and ROES 1 through 100, inclusive, Cross‐Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 21‐CIV‐01560 Assigned for All Purposes to Hon. Danny Y. Chou ORDER RE CROSS‐DEFENDANTS' DEMURRER AND MOTION TO STRIKE Plaintiff and Cross‐Defendant City of Half Moon Bay's (Half Moon Bay or the City) Demurrer to Defendants Thomas J. Gearing and Daniel K. Gearing's (collectively, the Gearings) Cross‐Complaint (Demurre...

Excerpt: ...when, where, to whom and by what means the representations were tendered.” (Lazar v. Superior Court (Rykoff‐Sexton, Inc.) (1996) 12 Cal.4th 631, 645 (Lazar).) Plaintiff must also allege “both the injury or damage suffered and its causal connection with plaintiff's reliance on defendant's misrepresentations.” (Weil & Brown, Cal. Practice Guide: Civ. Proc. Before Trial (Rutter Guide 2020) ¶ 6:139, emphasis omitted.) In their Demurrer, Defe...

Excerpt: ...NA LIFE INSURANCE COMPANY, Plaintiffs, v. THE ALLERGY AND ASTHMA CLINIC; ANDREW ENGLER, M.D., and DOES 1‐25, inclusive Defendants. RICARDO LARA, as California Insurance Commissioner, on behalf of the Department of Insurance and the People of the State of California Intervenor. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: CIV536118 Assigned for All Purposes to Hon. Danny Y. Chou ORDER GRANTING MOTION TO QUASH The Motion to Quash...

Excerpt: ... James H. Seymour (Defendants' Counsel) (Sanctions Motion) is DENIED. Plaintiff seeks sanctions under Code of Civil Procedure sections 128.5 and 128.7 on the ground that Defendants' Motion for New Trial (New Trial Motion) was frivolous and harassing. The Court, however, concludes that Plaintiff has not established that the New Trial Motion was frivolous or brought in bad faith. As an initial matter, the Court notes that no order appears to have b...

Excerpt: ...Court finds that Plaintiff has satisfied his meet and confer obligations. Plaintiff sent a meet and confer letter addressing Defendant's responses to the discovery requests at issue on September 7, 2021. Defendant provided further responses on September 17, 2021. Although there is no evidence that Plaintiff attempted further meet and confer after September 17, 2021 , Defendant's further responses did not address any of the issues raised by Plaint...

Excerpt: ... Pacific Partners Management Services, Inc. (Motion) is DENIED. Plaintiff's request for sanctions is DENIED. Defendant's request for sanctions is GRANTED. Plaintiff's counsel is ORDERED to pay Defendant $3,080.00— which represents “the reasonable expenses, including attorney's fees, incurred by” Defendant in opposing this Motion. (Code Civ. Proc., § 2023.030, subd. (a).) The Motion is DENIED as to RFP Nos. 48, 58, 59, 62, 63, 72, 93‐97, ...

Excerpt: ...ummary judgment, a moving defendant may prove an affirmative defense, disprove at least one essential element of the plaintiff's cause of action [citations] or show that an element of the cause of action cannot be established [citations]. [Citation.] The defendant ‘must show that under no possible hypothesis within the reasonable purview of the allegations of the complaint is there a material question of fact which requires examination by trial...

Excerpt: ...graphs 44, 45, and 63 and the prayer for relief of the FAC is GRANTED WITH LEAVE TO AMEND. Plaintiff seeks punitive damages in connection with her strict liability and intentional infliction of emotional distress claims. To support a claim for punitive damages, the plaintiff “must allege the ultimate facts of the defendant's oppression, fraud or malice.” (Cyrus v. Haveson (1976) 65 Cal.App.3d 306, 316‐317.) “Malice” is defined as “con...

Excerpt: ...erested subcontractors. Wheeler's unopposed Request for Judicial Notice is GRANTED (Evid. Code, § 452, subd. (d)), BUT NOT FOR THE TRUTH OF ANY FACTUAL MATTERS ASSERTED THEREIN (Arce v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal.App.4th 471, 483‐484). Wheeler and Plaintiff Thompson Builders Corp. (Thompson) entered into a written contract for a commercial and residential project (the Project) in San Carlos (the Wheeler/Thompson Contrac...

Excerpt: ...treat the demurrer as admitting all material facts properly pleaded.” (Guerrero v. Pacific Gas & Electric Co. (2014) 230 Cal.App.4th 567, 571.) 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.” (Ibid.) As to Defendant and Cross‐Complainant...

Excerpt: ...ies, Inc.'s (Genesys) Motion to Strike is GRANTED IN PART WITHOUT LEAVE TO AMEND AND DENIED IN PART. 1. Punitive Damages Genesys contends TEN6's claim for punitive damages should be stricken because the Cross‐Complaint failed to state a claim for fraudulent misrepresentation. But as explained in the Court's ruling on the demurrer, TEN6 has stated a claim for fraudulent inducement to enter into a contract. This is a sufficient basis for TEN6's c...

Excerpt: ...urfaces and walkways” of a shopping center owned by Millbrae Square (Resurfacing Project). (Pl. SSUMF #2; Imbimbo Decl., ¶ 1.) The system allegedly failed (Pl. SSUMF #4; Imbimbo Decl., ¶ 1), and Millbrae Square sued nine defendants, including RPMI(Pl. SSUMF #1). In its complaint, Millbrae Square asserted one cause of action for breach of warranty against RPMI. (Pl. SSUMF #8.) RPMI is a Delaware corporation with a principal place of business i...

Excerpt: ...l basis for the Disqualification Motion, the Court finds that Defendants did not act in bad faith within the meaning of Code of Civil Procedure sections 128.5 and 128.7 by filing the motion. Defendants' request for sanctions is DENIED. In denying the request, the Court notes that the issue is close because the Court advised Plaintiff at the hearing on the Disqualification Motion that it saw no basis for an award of sanctions based on its review o...

Excerpt: ...mited's (TEN6) CrossComplaint (Demurrer) is OVERRULED IN PART and SUSTAINED IN PART WITH LEAVE TO AMEND. 1. Standard On a demurrer, the Court must “give the pleading a reasonable interpretation and treat the demurrer as admitting all material facts properly pleaded.” (Guerrero v. Pacific Gas & Electric Co. (2014) 230 Cal.App.4th 567, 571.) The Court does “not, however, assume the truth of contentions, deductions or conclusions of law.” (I...

Excerpt: ...s and complaint. The Court agrees. On a motion to quash that alleges improper service, the plaintiff bears the burden of proving effective service. (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413.) The return of a registered process server establishes “a presumption , affecting the burden of producing evidence, of the facts stated in the return.” (Evid. Code, § 647.) Where this statutory presumption applies, the defendant must produce...

Excerpt: ...urt (rule 3.1113(d)) provides that, except for motions for summary judgment, no opening or responding memorandum may exceed 15 pages. Because Plaintiff Brian Munneke's opposition filed on November 5—which is 25 pages long‐‐violates this rule, the Court STRIKES it. Plaintiff, however, submitted an amended opposition on December 9 that complies with rule 3.113(d). Because Defendants have not been prejudiced by this amended opposition— which...

Excerpt: ...ion of an Informal Discovery Conference. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties. December 2, 2021 Law and Motion Calendar PAGE 4 Judge: HONORABLE DANNY CHOU Y. CHOU, Department 22 ______...

Excerpt: ... the California Rules of Court, would have expired in March 2021 absent further tolling. Plaintiff Capital One Bank has not, however, established that this time period was further tolled. The only ground for tolling cited by Plaintiff is Code of Civil Procedure section 583.340, subdivision (c). But the critical factor in applying this exception is “whether the plaintiff exercised reasonable diligence in prosecuting his or her case” (Bruns v. ...

Excerpt: ...ING COMPANY; INEGRAL GROUP, INC., a California corporation; SC BUILDERS, INC., a California corporation; PERFORMANCE MECHANICAL, INC., a California corporation; RODDA ELECTRICAL, INC., a California corporation; BAY POINT CONTROL, INC. dba MARINA MECHNICAL, a California corporation; MYSON, INC./RETTIG USA, a Vermont corporation; and DOES 1‐50, inclusive, Defendants. AND ALL RELATED CROSS‐ACTIONS ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ...

Excerpt: ... ) ) ) ) ) ) ) ) ) Case No.: CIV458258 Assigned For All Purposes to Hon. Danny Y. Chou ORDER DENYING ELIZABETH KARNAZES'S FURTHER REQUEST FOR AMERICANS WITH DISABILITY ACT CONTINUANCE OF HEARING AND GRANTING IN PART AND DENYING IN PART JUDGMENTCREDITOR/CROSS‐DEFENDANT JOHN J. HARTFORD'S MOTION FOR ATTORNEY FEES AND COSTS; Judgment‐Creditor/Cross‐Defendant John J. Hartford's Motion for Attorneys' Fees and Costs Incurred from April 1, 2017 to...

Excerpt: ...ANDRADA'S FOUR FAMILY MEMBERS IN SBC CASE #18‐1724, MOTION FOR DEFENDANT SBC TO REOPEN ANDRADA'S COMPLAINTS AGAINST DEFENDANT PATRICK METERING FOR INVESTIGATION AND MURDERS OF ANDRADA'S FOUR FAMILY MEMBERS IN SBC CASE #14‐22198, AND MOTION TO STRIKE ON THE DEMURRER FILED BY DEFENDANT VIVIAN QUE‐AZCONA TENTATIVE RULING: 1. Demurrer The unopposed demurrer of Defendant Vivian Que‐Azcona is SUSTAINED WITH LEAVE TO AMEND. On August 5, 2020, th...

Excerpt: ...tiff) is OVERRULED IN PART and SUSTAINED IN PART WITH LEAVE TO AMEND. 1. Plaintiff's First Cause of Action for Breach of Contract Against CSMC The demurrer to the first cause of action for breach of contract against CSMC is OVERRULED. The SAC alleges facts sufficient to establish that CSMC breached the Collaboration Agreement through its nonperformance. “[F]acts alleging a breach, like all essential elements of a breach of contract cause of act...

Excerpt: ... Provision In ruling on the Demurrer, the Court must first decide whether California or Colorado law applies to the causes of action at issue. (See Nedlloyd Lines B.V. v. Superior Court (1992) 3 Cal.4th 459, 462 (Nedloyd).) Paragraph 8.7 of the parties' agreement contains a choice of law provision – which states, in pertinent part, that “[t]he Contractor further agrees that any and all disputes arising out of or relating to this Agreement or ...

Excerpt: ...n the ground that Plaintiff failed to correctly add Parkview Produce, Inc. (PP Inc.) as the defendant instead of Parkview Produce, LLC (PP LLC) or to seek leave to file the FAC is overruled. Although Plaintiff should have added PP Inc. and stricken PP LLC from the complaint on October 2, 2019 rather than designate PP Inc. as a doe defendant, Defendant suffered no apparent prejudice. To the extent that Defendant may have been confused by Plaintiff...

Excerpt: ...o the First Amended Complaint (FAC) of Plaintiff Dategra, Inc. is SUSTAINED WITH LEAVE TO AMEND. 1. Plaintiff's First Cause of Action for Breach of Contract Against CSMC The demurrer to the first cause of action for breach of contract against CSMC is SUSTAINED WITH LEAVE TO AMEND. Plaintiff alleges that CSMC breached the parties' Collaboration Agreement by repudiating it on September 24, 2020, and by failing to perform under its terms on or after...

Excerpt: ...th of California, Inc., Aetna Health Management, LLC, and Aetna Life Insurance Company (collectively, Aetna) is GRANTED IN PART and DENIED IN PART 1. Defendants' Special Interrogatories (Set Three) Nos. 23‐27, Requests for Production (RFP) (Set Three) Nos. 1‐5 & Person Most Knowledgeable (PMK) Deposition As a threshold matter, the Court finds that Defendants' motion is timely as to the Special Interrogatories, RFPs, and PMK Deposition. The Mi...

Excerpt: ...ty to respond to new evidence presented by Defendant in its reply papers. (See Plaintiff's Suppl. Brief.) Having reviewed this new evidence and Plaintiff's Supplement Brief as well as all the other relevant pleadings filed by the parties in connection with this Motion and case, the Motion is denied. This is an employment discrimination case. Decedent Nick Theroux (Decedent) owned an auto repair shop. Gomez alleges that she worked at the shop begi...

Excerpt: ...nopposed Request for Judicial Notice is GRANTED. Plaintiff Skendzic Nenad's unopposed Request for Judicial Notice is GRANTED. In a previous action filed on July 18, 2017, Plaintiff asserted causes of action for negligence and tort of another against Defendants. Those causes of action alleged the same wrongdoing by Defendants that is alleged in this action. (See Request for Judicial Notice (RJN), ex. 1.) Plaintiff's previous causes of action again...

Excerpt: ...ion 484.090, subdivision (a), a court “shall issue a right to attach order . . . if it finds all of the following: (1) The claim upon which the attachment is based is one upon which an attachment may be issued. (2) The plaintiff has established the probable validity of the claim upon which the attachment is based. (3) The attachment is not sought for a purpose other than recovery on the claim upon which the attachment is based. (4) The amount t...

Excerpt: ...as a result of the events at issue in this action. (Ibid.) Defendants do not dispute that Plaintiff is 86 years old. Defendants, however, contend that Plaintiff has not submitted any evidence in support of his claim that his health requires a trial preference. Defendants assert that Plaintiff's counsel's declaration “should be disregarded by the Court as Counsel is not a medical expert.” Pursuant to Code of Civil Procedure section 36.5, howev...

Excerpt: .... (Evid. Code, § 452, subd. (d).) Defendant's Demurrers to the First, Second, Fourth through Eleventh, and Thirteenth through Fifteenth Causes of Action are SUSTAINED WITHOUT LEAVE TO AMEND. The defects in Plaintiff's First Amended Complaint (FAC) identified in the Court's May 23, 2019 Order sustaining Defendant's demurrer to these causes of action with leave to amend have not been cured by the SAC. The SAC is comprised of allegations that are, ...

Excerpt: ...7) 3 Cal.5th 531.) And Plaintiff Fourth Amended Complaint (4AC) repeatedly identifies his wife as having been involved in the underlying facts. (See, e.g., 4AC, ¶¶ 19‐22, 28, 31, 36.) Plaintiff also expressly identified his wife in discovery responses as a witness. (See Lowe Decl., Ex. A [Plaintiff's response to Form Interrogatory No. 12.1].) Finally, Defendant appears to have a recorded telephone call between Ms. Olazabal and a Nordstrom Cus...

Excerpt: ...o 10, Defendants. PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff, v. MARJORIE ANUNCIACION, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 19‐CLJ‐07347 [Joined with 18‐CLJ‐06667 and 19‐CLJ‐07387 solely for hearing on these motions] Assigned for All Purposes to Hon. Danny Y. Chou ORDER DENYING PLAINTIFFS' MOTIONS RE INFORMAL DISCOVERY CONFERENCES June 3, 2021 Law and Motion Calendar PAGE 6 Judge: ...

Excerpt: ...1.320, subd. (a) [authorizing motion “If a party filing a response to a demand for inspection . . . thereafter fails to permit the inspection . . . in accordance with that party's statement of compliance”].) Plaintiff seeks an order compelling Defendants to produce “unaltered” documents responsive to Plaintiff's Request for Production of Documents (Set One) (RPD) Nos. 5, 12, 13, 14, and 20. Defendants agreed in their original responses to...

Excerpt: ...ree that FCA is not a signatory to the arbitration agreement – which appears in a sales contract between Plaintiff and the nonparty seller, Putnam Automotive Inc. (Putnam). (Hanson Decl., ex. A.) As a result, FCA bears the burden of establishing standing to enforce that agreement. (Jones v. Jacobson (2011) 195 Cal.App.4th 15.) FCA has not met this burden. First, the express terms of the sales contract do not establish an agreement to arbitrate ...

Excerpt: ... Complaint (Motion) is GRANTED. In the Motion, Defendant seeks summary adjudication of the second through fifth causes of action in Plaintiff's Amended Complaint (PAC) based on the 26th affirmative defense in its Answer to the PAC. That defense alleges that Defendant has a vested right to use the property for its sewer line under Civil Code section 1009, subdivision (d). As explained below, the Court finds that Defendant has met its burden of est...

Excerpt: ...021; (3) Exhibit N and the first page of Exhibit M to Defendant's Motion to Dismiss filed February 23, 2021; (4) Exhibit N and the first page of Exhibit M attached to Defendant's Amended Answer and Amended Motion to Dismiss filed March 10, 2021; and (5) Exhibit B to Plaintiff's First Amended Complaint. Court records are presumed to be open unless confidentiality is required by law. (Cal. Rules of Court (CRC), Rule 2.550(c).) For a record to be fi...

Excerpt: ...rte Application and Ex Parte Application for an Order Shortening Time to Hear Plaintiff's Motion to Enforce Settlement Agremeent.  Page 3, Line 26: dollar amount specified therein. 2. March 11, 2020 Declaration of Matthew Squires in Support of Plaintiff's Ex Parte Application for an Order Shortening Time to Hear Motion to Enforce Settlement Agreement  Page 2, Line 9: Wehmeyer Custom Homes recorded a mechanics' lien on my property for dollar...

Excerpt: ...produce all responsive photographs and videos within 15 days from the date of service of notice of this order. Defendant's request for sanctions against Plaintiff and/or her counsel, Gail Lamchick, is GRANTED IN PART and DENIED IN PART. Plaintiff and/or her counsel is ORDERED to pay Defendant $1,260.00 in sanctions. Plaintiff has demonstrated good cause for the production of the requested documents, as the documents are directly relevant to Plain...

Excerpt: ...Trackman v. Kenney (2010) 187 Cal.App.4th 175, 180.) The default judgment was entered on 4/30/2015, but Defendant did not file this Motion until 12/21/20. Second, Defendant has failed to demonstrate extrinsic fraud. The misidentification of the person accepting substitute service as Defendant's daughter does not defeat service. (See Trackman, supra, 187 Cal.App.4th at pp. 183‐184.) Defendant does not dispute that the address was her home addres...

Excerpt: ...��577551, are GRANTED pursuant to Evidence Code section 452, subdivision (d). Judicial notice is taken of the documents' filing/recording, contents, and legal effect, but not the truth of any statements therein. Defendant demurs on the ground that Plaintiff's Complaint is barred by res judicata. In support, Defendant points to the judgment entered in Makiyama v. Ito, SF Case No. CGC‐19‐577551. But an appeal was taken from that judgment on Feb...

Excerpt: ...ial Notice is GRANTED. (Evid. Code, § 452, subds. (d) & (h).) Both parties refer to the plan documents in their briefs, and Plaintiff California Spine and Neurosurgery Institute (Plaintiff) does not oppose the Request for Judicial Notice. (See StorMedia Inc. v. Superior Court (1999) 20 Cal.4th 449, 457, fn.9.) A. First Cause of Action – Promissory Estoppel Defendant's motion for judgment on the pleadings as to Plaintiff's first cause of action...

Excerpt: ...EJUDICE. Judgment Creditor indicates that it discovered various “akas” for Judgment Debtor Maher Abudamous (Judgment Debtor) and filed a Declaration of Identity (Declaration) identifying these “akas.” As a threshold matter, however, this Declaration violates Rule 1.201(a)(1) of the California Rules of Court. It is therefore STRICKEN on the Court's own motion. Accordingly, the clerk of the court is ORDERED to remove the Declaration of Iden...

Excerpt: ...ntered in Case No. 19‐CIV‐06527, it does not appear that Plaintiff may be subject to a prefiling order before being found to be a vexatious litigant. (See Hupp v. Solera Oak Valley Greens Assn. (2017) 12 Cal.App.5th 1300, 1318‐1319 [refusing to dismiss claims filed by nonvexatious litigant even though nonvexatious litigant alleged claims similar to claims alleged by co‐ plaintiff who was a vexatious litigant and was the mother of the vexa...

Excerpt: ...nia Rules of Court – which states that “If the response to a particular discovery request is dependent on the response given to another discovery request, or if the reasons a further response to a particular discovery request is deemed necessary are based on the response to some other discovery request, the other request and the response to it must be set forth . . . .” Regarding Form Interrogatory 17.1, Defendants' Separate Statement does ...

Excerpt: ...habilitation Plan and the individual who verified Petitioner's ex parte conservator application. Respondent also seeks the production of documents covering four topics relating to Petitioner's decision to pursue a conservatorship and Rehabilitation Plan and the grounds for those decision. Finally, Respondent seeks to depose the person most knowledgeable (PMK) of those four topics. Petitioner does not challenge Respondent's right to receive docume...

Excerpt: ... ) ) ) ) ) ) ) ) ) Case No.: 17CIV03847 Assigned For All Purposes to Hon. Danny Y. Chou ORDER GRANTING SUMMARY JUDGMENT Defendant Merz North America's (Merz) Motion for Summary Judgment (Motion) was originally heard by this Court on March 25, 2021 at 2:00 p.m. Craig May and Adam Rapp appeared on behalf of Defendant Merz North America (Merz). Faith Wolinsky appeared on behalf of Defendants Joel Beck, M.D. and Alice Tung. Nobody appeared on behalf ...

Excerpt: ...e unlimited action is pending may stay the unlawful detainer action until the issue of title is resolved in the unlimited action, or it may consolidate the actions.” (Martin‐Bragg v. Moore (2013) 219 Cal.App.4th 367, 385.) Thus, consolidation is permitted but not required. (See id., at p. 393 [“We do not hold that trial courts must in all cases grant applications for consolidation of an unlawful detainer proceeding with a pending quiet titl...

Excerpt: ... for monetary sanctions is DENIED. Defendant's motion to compel responses to its special interrogatories is denied for the same reasons stated in its tentative ruling granting Plaintiff's motion for protective order. In addition, Defendant's motion is untimely as to any interrogatories to which Plaintiff has responded pursuant to Code of Civil Procedure section 2030.300, subd. (c). Plaintiff served his supplemental responses on October 26, 2020 a...

Excerpt: ...and Procedure (“WPP”) manual from 2018 to the present. Defendant has agreed to produce the 2018 and 2020 manuals subject to a protective order. Accordingly, Plaintiff's motion to compel is GRANTED as to this request. 2. RFP No. 17 Plaintiff's RFP No. 17 seeks documents “including but not limited to electronically stored information and electronic mails, concerning any internal analysis or investigation . . . regarding the TRUNK DEFECT in EX...

Excerpt: ...Plaintiff is GRANTED IN PART and DENIED IN PART. As a threshold matter, the motion is timely pursuant to Code of Civil Procedure sections 2030.090(a) and 2031.060(a). Defendant Ocean Colony Partners, LLC does not dispute that the Court directed the parties at the September 17, 2020 Informal Discovery Conference (IDC) that the parties coordinate the filing of their respective motions to compel and for protective order so that they could be heard o...

Excerpt: ...election clause such as the one at issue here is generally given effect unless enforcement would be unreasonable or unfair, and the party opposing enforcement of the clause ordinarily bears the burden of proving why it should not be enforced.” (Handoush v. Lease Finance Group (2019) 41 Cal.App.5th 729, 734 (Handoush).) “The burden, however, is reversed when the claims at issue are based on unwaivable rights created by California statutes. In ...

Excerpt: ...s Industry, Inc. (Siemens) and Liberty Mutual Ins. Co. (Liberty Mutual) are ORDERED to conduct a mediation pursuant to their subcontract with McCarthy under the terms set forth below. Pending the completion of the mediation, the crossactions involving Siemens, Liberty Mutual, and McCarthy are STAYED. Siemens' Subcontract with McCarthy requires that Siemens and McCarthy mediate any dispute arising from the Subcontract “before any legal proceedin...

Excerpt: ...ts discretion not to rule on Plaintiff U.S. Bank National Association's (Plaintiff or US Bank) objections to Defendants' evidence, because none of the disputed evidence affects the Court's ruling on the motion. (Code of Civ. Proc. Sect. 437c, subd. (q) [court need rule only on objections deemed material to court's disposition of motion].) Plaintiff's Request for Judicial Notice is GRANTED as to all attached exhibits. B. Defendants' Motion for Sum...

Excerpt: ...ased solely on allegations that Realogy “is the controlling company for” Cornerstone (Compl., ¶ 3) and that Defendants were the “alter egos of their co‐defendants” and “were joint venturers with, or co‐partners with, . . . their co‐defendants” (id., ¶ 11), Plaintiff contends that he has sufficiently pled the first cause of action for negligence and the third cause of action for tort of another against Realogy (see Pl. Opp., at...

Excerpt: ...AINED IN PART WITH LEAVE TO AMEND. As a threshold matter, the Court exercises its discretion to consider the Demurrer even though Defendant filed it more than a year after being served with the Summons and Complaint. Plaintiff has not opposed the Demurrer, and therefore has not demonstrated that it will be prejudiced. (Jackson v. Doe (2011) 192 Cal. App. 4th 742, 750.) Defendant's Demurrer to the Sixth, Seventh, and Eighth Causes of Action based ...

Excerpt: ... California, Inc., Aetna Health Management, Inc. and Aetna Life Insurance Company (collectively, Aetna) is CONTINUED to March 18, 2021 at 2:00 p.m. in Department 22. Defendants have lodged Exhibit Nos. 1‐7 under seal pursuant to California Rules of Court (CRC), Rule 2.254(c). (See Notice of Lodging filed September 24, 2020.) Rule 2.254(c) states that “[e]xcept as provided in rules 2.250‐ 2.259 and 2.500‐2.506, an electronically filed docu...

Excerpt: ...ervention (FAC) is DENIED. Motions to strike are generally regarded with disfavor.1 (See Real v. Johnson & Johnson Consumer Companies, Inc. (C.D. Cal., Feb. 8, 2016) 2016 WL 3220811, *2). Use of a motion to strike should be “cautious and sparing” to avoid a “procedural ‘line item veto.' ” (PH II, Inc. v. Superior Court (Ibershof) (1995) 33 Cal.App.4th 1680, 1683.) A motion to strike may seek to strike any “irrelevant, false or imprope...

Excerpt: ...t Equinox Equinox's motion for summary adjudication of Plaintiff Robert Pierre Alexander's first through fourth causes of action is DENIED. Equinox's motion for summary adjudication of Plaintiff's claim for punitive damages is GRANTED. 1. Plaintiff's first cause of action for retaliation in violation of Labor Code sections 1102.5, 6310, and 6311 Equinox contends that summary adjudication of Plaintiff's first cause of action for retaliation in vio...

Excerpt: ...SAN MATEO INSURANCE COMMISSIONER OF THE STATE OF CALIFORNIA, Applicant, v. CALIFORNIA INSURANCE COMPANY, a California corporation, Respondent. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 19‐CIV‐06531 Assigned For All Purposes to Hon. Danny Y. Chou ORDER DENYING RESPONDENT'S SPECIAL ANTI‐SLAPP MOTION TO STRIKE On November 4, 2019, this Court appointed Applicant the Insurance Commissioner of California (Commissioner) the Conservator of Respondent C...

Excerpt: ...in November 2020, the LLC's counsel substituted out of the case, leaving the LLC without counsel. Plaintiffs then filed this motion, seeking to strike the LLC's previously filed answer, on the groundsthat an LLC, like a corporation, cannot represent itself in litigation. (See, generally, Merco Constr. Engineers, Inc. v. Municipal Court (1978) 21 Cal. 3d 724, 727.) Although Plaintiffs are correct that the LLC cannot represent itself in this action...

Excerpt: ...ances,” however, a plaintiff may sue under fictitious names, such as “Jane Doe.” (See Doe v. Lincoln Unified Sch. Dist. (2010) 188 Cal.App.4th 758, 766‐67.) The Court finds that the circumstances of this action are sufficiently exceptional to justify allowing Petitioner to proceed under a fictitious name. In this action Petitioner seeks a ruling that the evidence did not support a finding that Petitioner engaged in child abuse. Although P...

Excerpt: ...IN AND FOR THE COUNTY OF SAN MATEO JEFFREY SANTELLICES; Plaintiff, v. APTTUS CORPORATION; PROJECT EVEREST PARENT, LLC; PARENT EVEREST HOLDINGS, LLC; and DOES 1 through 25, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 19‐CIV‐00821 Assigned For All Purposes to Hon. Danny Y. Chou ORDER DENYING DEFENDANTS' MOTION TO DISMISS FOR FORUM NON CONVENIENS Defendants Apttus Corporation (Apttus), Project Everest Parent, LLC, and Parent Everest Holdin...

Excerpt: ... AMEND, and SUSTAINED IN PART WITHOUT LEAVE TO AMEND. 1. Plaintiff's Causes of Action Against Apttus a. First Cause of Action for Breach of Contract The demurrer to Plaintiff's first cause of action for breach of contract against Apttus is OVERRULED. A demurrer to only a portion of a cause of action is “procedurally improper.” (PH II, Inc. v. Superior Court (1995) 33 Cal.App.4th 1680, 1682.) Apttus only argues that the conversion of Plaintiff...

Excerpt: ...ubdivision (b)(1). (Id., ¶ 8.) Plaintiff served Defendant with a 3‐day notice to quit that expired on December 7, 2020. (Compl., ex. 2.) The notice alleges that Defendant repeatedly harassed and disturbed neighbors, including Plaintiff's daughter, and states, in pertinent part, that: “This harassing and disturbing behavior, besides being a violation of your written rental agreement's rules and regulations, constitutes the maintenance of a nu...

Excerpt: ...or Fraudulent Concealment, the Second Cause of Action for Fraudulent Misrepresentation, and Third Cause of Action for Fraudulent Inducement (collectively fraud claims) is SUSTAINED WITH LEAVE TO AMEND Defendants' demurrer to the fraud claims is sustained with leave to amend because they are not pled with sufficient particularity and because Plaintiffs failed to plead a duty to disclose on the part of Defendants. Fraud claims must be pled with suf...

Excerpt: ...plained below, entry of judgment finding Defendant Raymond Wilson guilty of unlawful detainer in this action is currently barred by the COVID‐19 Tenant Relief Act of 2020 (Tenant Relief Act). Plaintiff filed this unlawful detainer action on January 31, 2020. (Compl. for Unlawful Detainer, filed 1/31/20.) In the Complaint, Plaintiff alleged, among other things, that: (1) Defendant agreed to pay Plaintiff $2,325.00 per month as rental for certain...

Excerpt: ... party to judgment on the cause of action. (Code Civ. Proc., sect. 437c, subd. (p)(1).) Once the plaintiff has met that burden, the burden shifts to the defendant to show that a triable issue on one or more material facts exists as to the cause of action or a defense thereto. (Ibid.) The defendant shall not rely upon the allegations or denials of its pleadings to show a triable issue; defendant must set forth the specific facts showing that a tri...

Excerpt: ...ants) is GRANTED IN PART and DENIED IN PART. “A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will pr...

Excerpt: ...lace of business in Los Angeles, (2) the parties' Subcontract was to be performed in Los Angeles County, and (3) Joel Parker executed the parties' Subcontract and Personal Guarantee in Los Angeles. (MPA, p.1.) Plaintiff contends that venue is proper in San Mateo County pursuant to the following provision in the parties' Subcontract: “SUBCONTRACTOR agrees that this Agreement is to be executed in San Mateo County, California and that venue for an...

Excerpt: ...r hearing,” “that the plaintiff resides out of the state . . . and that there is a reasonable possibility that the moving defendant will obtain judgment in the action . . . .” Here, Plaintiff concedes that he resides out‐of‐state. (Compl., ¶ 7.) Plaintiff's ownership of real property and bank accounts does not fulfill the “reside” requirement of Code of Civil Procedure section 1030. There is also a reasonable possibility of Defenda...

Excerpt: ...ust (Plaintiffs) unopposed Motion for Judgment Pursuant to Stipulation and Order, is GRANTED IN PART and DENIED IN PART. (Code Civ. Proc. Sec. 664.6; see also Stip. & Order filed 11‐ 19‐20.) Plaintiffs' motion for entry of judgment for possession is GRANTED. Because Defendant is not a “tenant” as defined by the COVID‐19 Tenant Relief Act of 2020 (Tenant Relief Act) (Code Civ. Proc., § 1179.02, subd. (h)) and because this action does no...

Excerpt: ...endant's Demurrer to the First Cause of Action for Breach of Contract is SUSTAINED WITH LEAVE TO AMEND. The elements of a claim for breach of contract are: (1) existence of the contract, (2) plaintiff's performance or excuse for nonperformance of the contract, (3) defendant's breach, and (4) plaintiff's damages as a result of the breach. (Miles v. Deutsche Bank National Trust Co. (2015) 236 Cal.App.4th 394, 402.) If the action is based on a writt...

Excerpt: ...intiff does not allege the existence of any contract between Plaintiff and Hollyvale. Plaintiff has only alleged a contractual relationship with the parties to the loan and the deed of trust. Hollyvale, however, is not a party to either of those contacts. Plaintiff argues that Hollyvale is a necessary party because the Complaint seeks equitable relief that would require Hollyvale to reconvey the property to Plaintiff. But the fact that Plaintiff ...

Excerpt: ...ch the demurrer was sustained. (See Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023 [holding that plaintiff may not amend complaint to add a new cause of action without having obtained permission from the court to do so].) Here, Plaintiff's Second Amended Complaint (SAC) alleges several new causes of action and a new defendant that were not included in his First Amended Complaint (FAC). Specifically, Plaintiff alleges new cause...

Excerpt: ...3, plus late fees and loan costs of $1,432.81. Plaintiff's Motion for Summary Judgment is DENIED. Plaintiff contends that it is entitled to summary judgment or, in the alternative, summary adjudication on its breach of contract claims. As explained below, Plaintiff is entitled to summary adjudication on its breach of contract claims but not summary judgment. The essential elements of a claim for breach of contract, whether express or implied, are...

Excerpt: ...Act (CLRA) is SUSTAINED WITHOUT LEAVE TO AMEND. Defendant's demurrer to the seventh cause of action for violation of the Unfair Competition Law (UCL) and eighth cause of action for violation of the False Advertising Law (FAL) are SUSTAINED WITH LEAVE TO AMEND. Sixth Cause of Action for Violation of the CLRA In sustaining the demurrer to the cause of action for violation of the CLRA in the FAC, the Court found that “Plaintiff has not alleged com...

Excerpt: ...t notes that he threw the papers away without looking at them and asserts that “[t]his is not outside the realm of normal behavior for a small business owner who is inundated with paperwork and has limited time to response to administrative issues.” (Id., at p.6.) Defendant bears the burden of showing that he is entitled to relief pursuant to Code of Civil Procedure section 473, subdivision (b). In the absence of an attorney affidavit of faul...

Excerpt: ... to Defendants' Merger Agreement. Further, the only portion of the Agreement that is relevant to Defendants' demurrer is a brief passage on page 22 of the Merger Agreement; the remainder of the Agreement's contents are not relevant to the demurrer for which Defendants cite the Agreement. For these reasons, the Court finds that (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding inter...