Excerpt: ...GARWAL TENTATIVE RULING: Plaintiff/Cross‐Defendant BootUp Ventures, LLC's Motion to Compel, filed 5‐17‐21, which pertains to BootUp's original sets of Request for Production of Documents, Special Interrogatories, and Requests for Admission to Defendants/Cross‐Complainants Tarun Gaur, Jinigram, LLC, and Dial2Buy.com LLC, is DENIED. Commission Halperin's 3‐30‐21 IDC Minute Order made clear that the parties were required to participate i...

Excerpt: ...as to the fact that the FAC was filed and not the contents therein, which are hearsay in the present action. Day v. Sharp (1975) 50 Cal.App.3d 904, 914. 2) Order sustaining Facebook's Demurrer to the First Amended Complaint filed in Balsam v. Facebook, Inc., et al. Case No. CGC‐20‐ CIV‐02559 (S. M. Super. Ct. November 30, 2020). Exh. B. GRANTED. Pursuant to Evid. Code §452(d), the Court may take judicial notice of its own records. Judicial...

Excerpt: ...the Court notes that Defendant Essex has filed, and Defendant Suffolk has requested joinder in, a “Motion to Release Mechanic's Liens (Lambert Motion).” However, the property at issue has been released from the mechanic's liens by the release bonds filed by Defendant Suffolk pursuant to Civ. Code, § 8424, which provides that “On recordation of the bond, the real property is released from the claim of lien and from any action to enforce the...

Excerpt: ...d Simon under Code of Civil Procedure section 36(a). However, they fail to present admissible evidence as to their age and health. Plaintiffs' counsel submits his own declaration in support of this Motion, with exhibits attached. A declaration supporting a motion for preference under section 36(a) “may be signed by the attorney for the party seeking preference based upon information and belief as to the medical diagnosis and prognosis of any pa...

Excerpt: ...position brief requests, as an alternative to the Court ruling on the motion, a continuance of the hearing to allow Plaintiffs additional time to conduct discovery. See Code Civ. Proc. Sect. 437c(h). Plaintiffs contend they have been denied an opportunity to depose, or at least to fully depose, Defendant Robert Scott. The request for a continuance is DENIED. Portions of Defendant Scott's deposition have been filed with Plaintiffs' Opposition brie...

Excerpt: ...fendant Rajiv Agarwal seeks to quash the service of summons and set aside the entry of his default under CCP § 473(d) on the grounds that the summons was not properly served on him in compliance with CCP § 415.20. According to Defendant, Plaintiff did not properly effectuate substituted service in accordance with CCP § 415.20 because Defendant was not served at his “dwelling house, usual place of abode . . . or usual mailing address.” Defe...

Excerpt: ...n evidentiary hearing. Due process and notice of opportunity to be heard does not require a public evidentiary hearing. “In general, ‘something less' than a full evidentiary hearing is sufficient prior to adverse administrative action.” (Today's Fresh Start, Inc. v. Los Angeles Cty. Off. of Educ. (2013) 57 Cal. 4th 197, 228 [quoting Cleveland Bd. of Educ. v. Loudermill (1985) 470 U.S. 532, 545.) “The extent to which procedural due process...

Excerpt: ...tle, unjust enrichment, intentional infliction of emotional distress, forcible detainer, loss of consortium, conspiracy against civil rights, violation of civil rights, violation of RICO, and conspiracy to violate RICO against over 30 recently named Doe Defendants. According to Plaintiff, “The facts concerning the new defendants who were previously sued as Does require additional Causes of Action in addition to facts to supplement each cause of...

Excerpt: ... states that if a contract provides for attorney's fees incurred to enforce the contract to be awarded to one of the parties or to the prevailing party, the party who is determined to be the party prevailing shall be entitled to fees whether he or she is the party specified in the contract. Here, ¶40 of the lease provides for an award of reasonable attorney's fees to the prevailing party in an action arising out of the lease, except as provided ...

Excerpt: ...and Inventions Assignment Agreement is substantively unconscionable and, if so; (ii) whether that provision may be severed from the Agreement. Upon review of the parties' original moving papers and opposition, as well as the parties' supplemental briefs and the authorities cited therein, the Court rules that Defendant Snowflake, Inc.'s Petition to Compel Arbitration and Stay Proceedings is GRANTED for the reasons set forth below. Defendant has me...

Excerpt: ...ssional negligence claim. (Mot. at 16:28‐17:20.) The “Plaintiff has no evidence” rule for summary judgment is that “the plaintiff does not possess, and cannot reasonably obtain, evidence that would allow such a trier of fact to find any underlying material fact more likely than not.” (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 845.) Though Plaintiff's answers to Defendant's first set of Special Interrogatories largely reitera...

Excerpt: ...ble Statute of Limitations (“SOL”) is one year pursuant to Cal. Gov. Code § 12960, as it was in effect prior to January 1, 2020 when it was modified by the SHARE Act to a three‐year period. According to Plaintiff, the SOL began to run only when SamCERA granted her application for disability retirement in December 2019 with a lessened lump sum payment because of Plaintiff's return to work in 2015. Plaintiff alleges that Defendant County act...

Excerpt: ... DENIED. Attorney's Fees Authorized by Contract The parties settled this matter following Plaintiff's acceptance of Defendants' CCP § 998 offer to compromise. The offer provided that Defendants would pay Plaintiff $160,000.00 “to resolve fully and finally all of the parties' respective claims against one another, exclusive of costs and fees.” McDonald Decl., Ex. P, p.2; McLennon Decl. ¶ 25. The offer also provided that Plaintiff “shall di...

Excerpt: ...f Action are OVERRULED. Demurrer to the fourth and fifth causes of action are SUSTAINED WITH LEAVE TO AMEND. The reasons for this ruling are set forth below. A. 1st and 2nd Causes of Action (Rescission). Demurrer is OVERRULED as to the 1st and 2nd causes of action (rescission). Service of the Complaint serves as the required notice and offer to restore benefits in this case. (Civ. Code § 1691; Wong v. Stoler (2015) 237 Cal.App.4th 1375, 1385‐1...

Excerpt: ...nd Cause of Action for breach of the implied covenant of good faith and fair dealing, the Demurrer is SUSTAINED WITH LEAVE TO AMEND. Code Civ. Proc. Sect. 430.10(e). The Complaint does not allege the existence of any contract between Plaintiff(s) and Defendants Treacy Group LLC, Kieran Treacy, and Kelly Treacy. Accordingly, it fails to state a cause of action against these three defendants for breach of contract and breach of the implied covenant...

Excerpt: ...g. Defendant's argument hinges on the assertion that Plaintiff's allegations in ¶11 of the Complaint create a factual basis for the SOL to begin running on August 22, 2018. That paragraph alleges: By letter dated August 22, 2018, BLUE SHIELD denied PLAINTIFF's claim for benefits under the Policy, citing lack of medical necessity despite BLUE SHIELD's receipt of extensive documentation evidencing PLAINTIFF's health care providers' determination o...

Excerpt: .... Plaintiff does not dispute that the clerk accepted and filed Defendant's motion to quash in 20‐UDU‐00113 on January 5, 2021 and set the matter for a hearing on February 1, 2021. At the hearing on Defendant's motion to vacate default in this matter, Plaintiff's counsel contended that the clerk had notified Defendant that the motion to quash had been filed in 20‐ UDU‐00113. Notwithstanding this fact, however, no competent evidence was int...

Excerpt: ...�), and Defendant's Answer does not state facts sufficient to constitute a defense to the Complaint. Plaintiff appears to contend that Defendant's Answer is insufficient because it constitutes a negative pregnant, and therefore does not effectively deny the allegations in the Complaint. However, a negative pregnant is explained as when a defendant “makes the denial in the exact words of the statement [alleged in the Complaint], it is possible t...

Excerpt: ...equately pleads a negligence claim against Defendant Liang based on vicarious liablity. The TAC sufficiently alleges that Defendant Ma was Defendant Liang's agent and was acting within his authority at the time he allegedly committed the wrongful acts. Id., ¶15. The allegations show that Defendant Ma accepted “a $500 deposit for rent” from Plaintiff so that he could move in a couple of days early. TAC, ¶¶11, 21‐22. Despite this agreement...

Excerpt: ... Posting Bond indicating compliance with that order. The Court's reasoning as to the denial of the consolidation motion follows. "When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or de...

Excerpt: ...e claim for violation of Business and Professions Code section 17200, contending that Defendants WooSung Corporation and Yi unlawfully possessed and sold skate wing in violation of Fish and Game Code sections 2021 and 2021.5. (See Complaint ¶¶ 10, 12.) Yi demurs that the Complaint fails to allege facts sufficient to support his liability because Plaintiff seeks to hold him liable under the “Responsible Corporate Officer Doctrine” (“RCOD�...

Excerpt: ...nctions,” filed 3‐12‐21, is GRANTED‐IN‐ PART and DENIED‐INPART, as set forth below. The motion to compel further responses to the post‐ Judgment Requests for Production (RFPs) is GRANTED, but will become moot if Plaintiff pays the $2,832.07 in costs within 10 days of this Order. This Order should be read together with the related Order of this same date, granting Defendant's motion to compel further responses to post‐Judgment Inte...

Excerpt: ...ompel Compliance. This discovery dispute arises from a New York personal injury action titled Louis Christophides and Cara Christophides v. Subaru Distributors Corp., New York State Supreme Court, Orange County, Case No. 004941/2018. The subpoenas seek discovery of the contents of the Facebook and Instagram accounts of the Plaintiffs in the New York action. On April 30, 2020, the Supreme Court of the State of New York, Orange County, issued an or...

Excerpt: ...the evidence, and that Plaintiff's claims are governed by the agreement. The arbitration provision at issue, which was contained in the parties' Employee Proprietary Information and Inventions Assignment Agreement, provides as follows: Any dispute, controversy or claim arising out of or relating to either: (a) this Agreement, its enforcement, arbitrability or interpretation, or because of an alleged breach, default, or misrepresentation in connec...

Excerpt: ...gal Contract is SUSTAINED WITH LEAVE TO AMEND based on failure to allege facts sufficient to support this claim and uncertainty. Plaintiffs assert that Defendant failed to comply with Business and Professions Code section 7159 and thus the contract is void. (Complaint ¶ 21.) It is unclear what claim Plaintiffs are attempting to allege though, as they fail to offer any authority to support that a claim for “Illegal Contract” exists. Further, ...