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: ... 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, ...