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: ...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...