Excerpt: ... than ten (10) days after service of written notice of entry of the formal order. As a preliminary matter, the notice of demurrer is defective, as it fails to state “the nature of the order being sought and the grounds for issuance of the order.” (Cal. Rules of Court, rule 3.110(a).) However, the memorandum of points and authorities sufficiently sets out the information so as to provide notice to Plaintiff Safeco Ins. Co. of America (“Safec...

Excerpt: ...of Au gust 31, 2023. Based on this alleged nonpayment, Plaintiff served Defendants a “Notice to Pay Rent or Quit” pursuant to CCP § 1161(2) which provides Defendants with ten days to pay the owed rent in full —or, if Defendants fail to cure the default within 10 days, compels Defendants to vacate and deliver up possession of the premises within 30 days of service of the Notice. (Ex. B to Compl.) The parties do not dispute that the tenancy ...

Excerpt: ...plain t is DENIED. Plaintiff and Cross -defendant Montgomery Sansome, L.P.'s Request for Judicial Notice is GRANTED as to all items, but only for the existence of these documents as court records and not for the truth of any fact therein. (See Lockley v. Law Off ice of Cantrell, Green, Pekich, Cruz & McCort (2001) 91 Cal.App.4th 875, 883 –884.) Defendant and Cross- complainant Nathalie Anne Gachot's papers reference a request for judicial notic...

Excerpt: ... efendants Brius, LLC, Brius Management Co., Rockport Healthcare Support Services, LLC, San Mateo Wellness GP, LLC, San Mateo Healthcare & Wellness Centre, LP, Susan Ehrlich, Nora De Leon, Bryan Guillermo, Shirley Faller, Kristine Guillermo, Chester Kuna ppilly and Shlomo Rechnitz (collectively “Defendants”) to the First Amended Complaint (“FAC”) of Plaintiffs Rosario Custodio (“Rosario”), et al. (collectively “Plaintiffs”) is rul...

Excerpt: ...ve plea ding, the pleading is OVERRULED. However, Plaintiff's Complaint on its face discloses a fatal defect which requires the Court to instead render judgment on the pleadings in favor of Defendant. Plaintiff has failed to comply with statutory notice requirem ents. “Due to the summary nature of [an unlawful detainer] action, a three -day notice is valid only if the landlord strictly complies with the provisions of section 1161, subdivision 2...

Excerpt: ...onetary Sanctions is GRANTED. Deendant Tesla Energy Operations, Inc. shall designate and produce a person or persons most qualiÞed to testiy as to the twenty-our categories listed in Plainti
¯s Brad Jones' and Maria Jones' Notice o Entity Deposition No. 3 or deposition and produce the documents requested therein no later than February 23, 2024, or a later date mutually agreed upon by the parties in writing. Deendant Tesla Energy Operation...

Excerpt: ...in 2020. Defendant VintaBio, Inc. (“Defendant” or “VintaBio”) now moves to compel arbitration pursuant to section 10 of the agreement, “Dispute Resolution.” (Li Decl. Ex. A, section 10.) Plainti
¯ opposes, arguing that the arbitration provision is unconscionable and should not be enforced. The arbitration provision states, in relevant part, that “[i]n the event the parties hereto are unable to settle a dispute between them regardin...

Excerpt: ... Sect. 452(d).) The Court declines to rule on Plainti
¯s' 1-29-24 Objection to Evidence on grounds that it is immaterial to disposition of the motion. (Code Civ. Proc. Sect. 437c(q).) LEGAL STANDARD. A motion for summary judgment or adjudication shall be granted if the papers submitted show there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law. (Code Civ. Proc. Sect. 437c(c).) A pl...

Excerpt: ...mplaint review and analysis document, which is the subject of this motion, on or about June 14, 2014. Devyatov Decl., paragraph 13. That document was discussed between Draegen and Defendant Groeneweg at a June 28, 2019 web conference, wherein Groeneweg obtained a copy of the document. Ibid., at paragraph 14. Draegen argues that the document is protected by attorney-client privilege. Attorney- client privilege is governed by Cal. Evidence Code Sec...

Excerpt: ...t appear on the face of the pleading under attack, or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) (2) Defendants Demurrer to the Complaint is OVERRULED based on failure to allege facts su
¯icient to support an unlawful detainer action. A demurrer may be brought on the ground that “[t]he pleading does not state facts su
¯icient to constitute a cause of action.” (Code Civ. Pr...

Excerpt: ...in part and SUSTAINED in part WITH LEAVE TO AMEND as set forth below. Plainti
¯s Dennis Johnson and Rose Johnson may Þle and serve a Third Amended Complaint no later than January 12, 2024. Aron Construction, Inc. and Navneet Aron (collectively “Aron Defendants”) here demur to the eighth through tenth causes of action in the Second Amended Complaint (the “SAC”). Defendant ADL 7, LLC (“ADL 7”) has joined in the demurrer. Because the a...

Excerpt: ...(Lazar v. Superior Court (1996) 12 Cal.4th 631, 638.) Plainti
¯ must plead facts showing how, when, where, to whom, and by what means the alleged representations were made. (Id. at 645.) The Complaint lacks these allegations. As against the First and Second Causes of Action, Defendant argues that paragraph 11 does not constitute actionable fraud. (Mov. P&A at 5:2-5.) The argument is misguided because the fraud claims are not based on Paragraph 1...

Excerpt: ...A s a threshold matter, a demurrer can be used only to challenge defects that appear on the face of the pleading under attack, or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) (2) Defendants Demurrer to the Complaint is OVERRULED based on failure to allege facts su
¯icient to support an unlawful detainer action. A demurrer may be brought on the ground that “[t]he pleading does n...

Excerpt: ...lso whether or not sanctions should be imposed at all. The Court thanks counsel for their thorough brieÞng and supplemental brieÞng of these matters. In its initial tentative issued before a hearing on December 4, 2023, this Court concluded that Defendant Martijn Groeneweg (“Groeneweg” or “Defendant”)'s Motion to Compel should be denied on grounds of procedural deÞciency, for a failure to meet and confer prior to Þling the motion. The...

Excerpt: ...f the arbitration proceeding. (Code Civ. Proc. Sect. 1281.4.) Defendant Meta's former employee, Plainti
¯ Alina Hunanyan, opposes Meta's request for arbitration, arguing that the parties' Arbitration Agreement is unconscionable, mainly because it severely curtails (or prevents) her ability, in arbitration, to conduct pre-hearing, thirdparty discovery. For the reasons explained below, and without discounting Plainti
¯'s expressed concerns about ...

Excerpt: ...on for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired. The rules governing demurrers apply. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) The grounds for a motion for judgment on the pleadings must appear on the face of the challenged pleading and/or be based on facts the court may judicially notice. (Code Civ. Proc. sect. 438(d); Tung v. Chicago Title ...

Excerpt: .... Defendants urban Flat, LLC's and Evan Haskell's Request for Judicial Notice is DENIED as irrelevant. (AL Holding Co. v. O'Brien & Hicks, Inc. (1999) 75 Cal.App.4th 1310, 1313 fn. 2 ["a court must decline to take judicial notice of material that is not relevant"].) A. Legal Standard on Demurrer On a demurrer, the Court must "assume the truth of the facts alleged in the com-plaint and the reasonable inferences that may be drawn from those facts."...

Excerpt: ...art, without leave to amend pursuant to Cal. Code of Civil Procedure Section 430. IO(e) as to the Second COA for Breach of Written Contract and Third COA for Breach of the Covenant of Good Faith and Fair Dealing, and OVERRULED, in part, as to the Tenth COA for Fraudulent Concealment, as follows. Second COA for Breach of Contract SUSTAINED WITHOUT LEAVE TO AMEND. Plaintiffs' allegations of breach of contract against the demurring Defendants hinge ...

Excerpt: ...orceable, a promise need only be "definite enough that a court can determine the scope of the and the limits of performance must be sufficiently defined to provide a rational basis for the assessment of damages." (Broome v. Regents of Univ. of California (2022) 80 Cal.App.5th 375, 389.) Plaintiff argues that alleged promise, on which the claim is based, is based on paragraphs 55 and 57 of the Second Amended Complaint. (Opp. P&A at 4:8-15.) Those ...

Excerpt: ...TIMOTHY ALEXANDER TENTATIVE RULING: The Motion of Defendant Timothy Alexander ("Defendant") to Compel Further Responses to Form Interrogatories, Set 1, Special Interrogatories, Set 1 and Request for Production, Set 1, from Plaintiff Ole Ventures Inc. ("OVI") and Request for Sanctions is ruled on as follows: (1) The Motion to Compel Further Responses to Form Interrogatories and Special Interrogatories is DENIED as untimely. A motion to compel furt...

Excerpt: ...g a "Shareholder Agreement" ("Agreement") entered into on April 1, 2016 by Plaintiff Ester Uziel ("Plaintiff") and her son, Defendant David uziel ("Defendant"). The Agreement, attached as Exhibit A to both Plaintiff's initial verified Complaint and her unverified First Amended Complaint ("FAC") contains an arbitration provision at paragraph 9.1, which reads: "If a dispute arises out of or relates to this Agreement or its breach, the parties agree...

Excerpt: ...on submitted in support of Defendants' Reply is OVERRULED. Existence of Agreement to Arbitrate On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, u...

Excerpt: ...laint is SUSTAINED in part and OVERRULED in part. Defendants Matte Sun Group, LLC's and Evan Haskell's Request for Judicial Notice is DENIED as irrelevant. (AL Holding Co. v. O'Brien & Hicks, Inc. (1999) 75 Cal.App.4th 1310, 1313 fn. 2 ["a court must decline to take judicial notice of material that is not relevant"].) As a preliminary matter, Plaintiff TGA F299 Franklin LLC's opposition was not timely filed or served. (See Code of Civ. Proc„ S ...

Excerpt: ...0 for an order compelling Plaintiff Swenberg to provide responsive documents to the Document Request Nos. 21, 22, 80, 88, 89, 100-103, 105, and 113-118 which were attached to Dmarcian's Second Amended Notice of Continued Deposition to Plaintiff. In particular, Dmarcian seeks the production of the following documents: First category: mitigation documents Relating to Agari: consulting agreement, invoices, records of payments, and any 1099 form from...

Excerpt: ... DISCOVERY PROCESS BY PLAINTIFFS OLE TRAVEL INC. AND OLE VENTURES INC. TENTATIVE RULING: The Motion of Plaintiffs Ole! Travel Inc. and Ole Ventures Inc. ("Plaintiffs") for Monetary Sanctions, Issue Sanctions, Evidentiary Sanctions, Terminating Sanctions and/or Contempt Sanctons against Defendant Timothy Alexander is DENIED WITHOUT PREJUDICE. Plaintiffs filed this Motion on March 5, 2023, which was originally set for hearing on September 11, 2023....