Excerpt: ...ich are directed to the FAC'S Third Cause of Acton, which asserts a claim for "foreclosure of mechanic's lien." As explained below, the Court finds that these arguments are not grounds for a demurrer. Defendant Rose's unopposed Request for Judicial Notice, filed 4-25-23, is GRANTED as to Ex. 1 (Evid. Code Sect. 452(d)), and GRANTED as to Ex. 2. (Evid. Code Sect. 452(h).) As to the USPS website page, the Court takes judicial notice of the contents...

Excerpt: ...THOUT LEAVE TO AMEND and OVERRULED IN PART. Defendants Marianne Onate and Emmanuel Onate shall file their answer(s) no later than ten (10) days after entry of this order. Defendants Marianne Onate's and Emmanuel Onate's Request for Judicial Notice is GRANTED. Plaintiffs Proud Thai Massage LLC's and Alexander Mayer's Request for Judicial Notice is GRANTED. The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND, with respect to the First through Eighth C...

Excerpt: ...eclaration in Defendant's demurrer filed March 24, 2023. However, because a failure to meet and confer is not grounds to sustain or overrule a demurrer, the Court proceeds to the merits of the motion. In this subrogation action, Plaintiff alleges that Defendant negligently provided professional plumbing services to Plaintiff's insured. The Complaint contains two causes of action: negligence and breach of implied warranty. Defendant demurs on vari...

Excerpt: ...otion for Order to Release Plaintiff and Crossdefendant Mavericks Builders' Mechanics Lien and Expunge Lis Pendens is GRANTED for the reasons set forth below. Defendants, Cross-complainants, and Cross-defendants Ryan Atkins and Meghan Concra are ordered to prepare a formal order or orders that include the required specifications of the lien and lis pendens and release Plaintiff and Cross-defendant Mavericks Builders' claim of a mechanics lien and...

Excerpt: ...filed on August 19, 2019, and this amended complaint was otherwise substantially unchanged from the initial complaint. A Second Amended Complaint was filed on January 13, 2020, alleging eight causes of action: The First COA for Breach of Contract against the seller, Betty L. Swedberg; Second COA for Fraud against Swedberg; Third COA against Swedberg for Negligent Misrepresentation, and Fourth Cause of Acton against Swedberg of violations of Civil...

Excerpt: ...intiff did not unreasonably delay its request to amend the Complaint. Additionally, the Court takes note of the rule that requests to amend are to be liberally granted. Nestle v. City of Santa Monica (1972) 6 Cal.3d 920, 939. When amendment would not prejudice and has not misled the other side, even if the request is delayed, the liberal policy of allowing amendments prevails and it is an abuse of discretion to deny leave in such a case even if s...

Excerpt: ... to a commercial lease. The dispute centers on whether the parties' lease agreement included/incorporated by reference an "Addendum A," which purportedly granted/provided the tenants/defendant an option to renew the lease upon its expiration. The parties participated in a July 7, 2023 court trial, which inwlved witness testimony. upon its conclusion, the Court issued a Minute Order indicating its intenton to find in favor of Defendant (tenant) an...

Excerpt: ...-motions for summary judgment. Plaintiff partially settled with four of the five defendants, leaving Defendant Matthew Klein ("Defendant" or "Klein") the sole remaining Defendant in the action. The Court granted summary judgment for Plaintiff against Klein and entered the Judgment following its Order Granting Summary Judgment on June 29, 2023. Plaintiff served the Notice of Entry of Judgment Following Order Granting Summary Judgment on Defendant ...

Excerpt: ...ss and Professions Code section 7031(b). "Except as provided in subdivision (e), a person who utilizes the services of an unlicensed contractor may bring an action in any court of competent jurisdiction in this state to recover all compensation paid to the unlicensed contractor for performance of any act or contract." (Bus. & Prof. Code S 7031(b).) Plaintiffs seek summary adjudication on the ground that Defendant was an unlicensed contractor duri...

Excerpt: ...he Complaint. PhotoGauge contends that (1) the first cause of action fails to state facts sufficient to constitute a cause of action and (2) the Court has no jurisdiction over the subject of the second cause of action. (Code of Civ. Proc., S 430.10, subds. (a), A. First Cause of Action: Breach of Contract The first cause of acton is premised upon the employment contract entered into Heslin and PhotoGauge in March 2021. (Sep. 14, 2022 Complaint, '...

Excerpt: ...claim is one upon which an attachment may be issued, (2) plaintiff has established the probable validity of the claim, (3) the attachment is not sought for any purpose other than to secure recovery on the claim, and (4) the amount to be secured is greater than zero. CCP S 484.090. Except as otherwise provided by statute, a claim is one upon which an attachment may be issued: (1) in an action on a claim or claims for money, (2) based upon a contra...

Excerpt: ...nt had knowledge of the object to be attained and intentionally participated in the wrongdoing. Demurrer, 6:5-7. The Complaint alleges that each Defendant is an alter ego of the other. Complaint, 937. It also alleges that each Defendant acted both individually and in alignment with the other Defendants with full knowledge of their respective wrongful conduct and building upon each other's wrongdoing in order to accomplish the acts alleged in the ...

Excerpt: ...very Order is GRANTED IN PART and DENIED IN PART for the reasons set forth below. Defendants Jason Ertola and Brittany Ertola are ordered to provide responses without objections to Plaintiff Mark Benson's March 27, 2023 Form Interrogatories no later than three (3) days after service of written notice of this order. Defendants Jason Ertola and Brittany Ertola are also ordered to pay, jointly and severally, Plaintiff Mark Benson's reasonable expens...

Excerpt: ...of action." Code Civ. Proc. Sect. 430.10(c); see Michael Liberty's 5-2-23 Second Amended Complaint (SAC) in the earlier-filed case, Case No. 21ClV04741, captioned Michael Liberty v. Bank of the West. Accordingly, Mr. Liberty's FACC in this case is HEREBY ABATED/STAYED, pending resolution of Liberty's claims against Hillhouse in Case No. 21CIV04741. Sect. 430.10(c) prov-des for demurrer, and for abatement of the laterfiled action, where "there is ...

Excerpt: ...Sanctions is ruled on as follows: (1) The Motion to Requests for Production ("RFP") Nos. 1, 2, 7, 22, 24, 29, 34, 36, 38-40, 68, 70, 71, 76, 77, 79, 81, 83, 92, and 97 is GRANTED. The dispute regarding these RFP pertains to a 9/1/15 Plan Set that Plaintiff contends Suffolk deleted from Procore Technologies, Inc. ("Procore") and failed to produce in response to these RFP. Suffolk asserted objections to these RFP, but then notwithstanding those obj...

Excerpt: ... the burden of proof is on the plaintiff to demonstrate by a preponderance of the evidence that "minimum contacts" exist between defendant and the forum state to justify the imposition of personal jurisdiction. (Mihlon v. Sup. Ct. (1985) 159 Cal.App.3d 703, 710; Ziller Electronics Lab GmbH v. sup. ct. (1988) 206 cal.App.3d 1222, 1232-1233.) Under a general jurisdiction analysis, a nonresident defendant may be sued on a cause of acton unrelated to...

Excerpt: ...laintiff's Second Amended Complaint ("SAC") is DENIED. The parties' respective requests for judicial notice are GRAN ED pursuant to Cal. Evidence Code section 452(d). Defendants argue that Plaintiff does not sufficiently allege a fiduciary duty owed to herself individually, because she alleges her ownership interest of FMCTD and Bayshore were through her interest in Nucleus Management. Reply, 2:23-3:16. The Ninth COA in the SAC alleges, in part: ...

Excerpt: ...re or quit for breach of lease covenant on March 8, 2023." (MPA, p.4.) According to Defendants, because Plaintiff's Complaint does not attach a threeday notice to cure or quit served on March 8, 2023, the notice requirements of Civ. Code 1946.2(c) have not been satisfied, and Plaintiff's Complaint is fatally ambiguous. Plaintiff responds that both the Three-Day Notice to Quit and the Complaint allege that Defendants were first given notice of the...

Excerpt: ...cer. (Complaint at 42; Javer Dec. at '1 4.) In Defendants' conditional non- opposition to Plaintiffs' motion, Defendants do not dispute that Plaintiffs are entitled to a trial preference pursuant to Code Civ. Proc. S 36(a). Accordingly, the Court finds that, pursuant to CCP S 36(a), Plaintiff has demonstrated a substantial interest in this action and that her health is such that a preference is necessary to prevent prejudicing her interest in the...

Excerpt: ... filed on December 20, 2018. A First Amended Complaint was filed on August 17, 2020. Defendant was substituted as Doe Defendant no. 1, and was served with the summons and complaint on September 14, 2022. (Mitrione Decl. 1-2.) A "summons and complaint shall be served upon a defendant within three years after the achon is commenced against the defendant." (Code of Civ. Proc. ("C.C.P.") S 583.210(a).) An action is "commenced" at the time the complai...

Excerpt: ...est for Judicial Notice is GRANTED pursuant to Cal. Evidence Code secton 452(d). In an action is for injury to person or personal property or for death from wrongful act or negligence, the superior court in either the county where the injury occurs or the injury causing death occurs or the county where the defendants, or some of them reside at the commencement of the action, is a proper court for the trial of the action. Cal. Code of Civil Proced...

Excerpt: ... three payment options in accordance with Code of Civil Procedure section 1161(2). The Court agrees with Defendant. Pursuant to CCP S 1161(2), a three-day notice must provide the following information relating to how payment may be made: (1) "the amount that is due, the name, telephone number, and address of the person to whom the rent payment shall be made, and, if payment may be made personally, the usual days and hours that person will be avai...

Excerpt: ... does not state that non-renewal of lease will render termination of the tenancy. The notice should have given the opportunity to cure. This did not happen because the notce was to quit without the opportunity to perform." The argument lacks merit. The Notce expressly states that rent was not paid by February 1, 2023, and it sets forth explicit instructions on how and where to pay the delinquent rent. The Notice is sufficient. Defendant's argumen...

Excerpt: ...hnson and Rose Johnson shall file a second amended complaint no later than ten (10) days after service of written notice of this order. Defendants Compass California II, Inc. ("Compass") and Joe Velasco demur to the tenth cause of action for fraudulent concealment set forth in Plaintiffs Dennis Johnson's and Rose Johnson's First Amended Complaint (the "FAC")— pursuant to Code of Civil Procedure section 430.10, subdivision on the grounds that it...

Excerpt: ...or "Creditor's Claim Deemed Rejected." (SAC 33-43.) The SAC states that Plaintiff previously filed a creditor's claim in the related pending probate action, Estate of Omid Tabatabai, San Mateo Superior Court Case No. 22PRO[n832 ("probate action"). (SAC '134.) The SAC alleges that Defendants failed to take action on the creditor's claim, and therefore Plaintiff exercises its option to deem the creditor's claim as rejected. (SAC 38-42.) Since a cre...