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: ... 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: ...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: ...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...