Excerpt: ...enancy was waived. Id. at ¶8(c)(1). The 60‐Day Notice of Termination of Tenancy attached to the FAC as Ex. 2, indicates: “Possession of the premises is sought pursuant to California Civil Code § 1946 and California Code of Civil Procedure § 1161(1). Possession of the premises is also sought pursuant to California Civil Code § 1946.2 (b)(2)(A)(i) Intent to occupy the residential real property by the owner or their spouse, domestic partner,...

Excerpt: ... of Action for Negligent Misrepresentation and Tenth Cause of Action for Negligent Misrepresentation in the Second Amended Complaint by Plaintiffs Vincent Pluvinage and VPV LLC (“Plaintiffs”), is OVERRULED. Defendants demur that these causes of action fail to state facts sufficient to support them because Plaintiffs fail to plead the alleged misrepresentations with the requisite specificity. These Causes of Action are based on the same allege...

Excerpt: ...ws: On a motion for preliminary injunction the court evaluates two interrelated factors: (1) the likelihood that the plaintiff will prevail on the merits of the claim at trial, and (2) the interim harm the plaintiff would be likely to suffer if the injunction is denied as compared to the harm that the defendant would be likely to suffer if the injunction is granted. (Amgen Inc. v. Health Care Services (2020) 47 Cal.App.5th 716, 731.) The weighing...

Excerpt: ...on or defenses).) The Court reminds Defense Counsel to comply with all Rules of Court in the future. “Rules of Court have the force of law and are as binding as procedural statutes . . . .” (R.R. v. Superior Court (2009) 180 Cal.App.4th 185, 205.) I. PLEADING DEFECTS AS TO ALL CAUSES OF ACTION GENERALLY Demurrer is SUSTAINED WITH LEAVE TO AMEND. Defendant City's demurrer on the ground that the Complaint fails to allege a statutory basis for l...

Excerpt: ...s initial, 1‐3‐19 Complaint has not been previously amended. On 7‐12‐21, the Court denied, without prejudice, Plaintiff's previously‐filed motion for leave to amend the Complaint, on grounds that Plaintiff had not complied with CRC 3.1324. The Court's 7‐12‐21 Order stated in part: Subsection (a) of Rule CRC 3.1324 states that a motion to amend must … state what allegations are proposed to be added and where, by page, paragraph and...

Excerpt: ...ritten settlement agreement (AGREEMENT) providing LIU/AN pay IMUSIC a total of $53,767.33 in 20 monthly payments of $2,688.37 starting in January 2015.” Cross‐Complaint, p.8. The Cross‐Complaint further alleges that Cross‐Defendants Xiao Chen Liu and Peide An breached the settlement agreement by failing to make any payments following the first two installment payments. Id. As a result, the Cross‐Complaint indicates that the settlement a...

Excerpt: ...ing papers also contend that there are no facts in the FAC to support an award for punitive damages. In Mr. Duong's reply, he contends that Plaintiff does not have standing to assert a claim under the FDCPA because Plaintiff is not a “consumer” within the meaning of the Act. Mr. Duong also contends that he “cannot be liable for any of LEC's alleged misconduct because LEC is a California corporation and as such it bears its own liabilities, ...

Excerpt: ...d in an order for restitution in a prior criminal proceeding. According to Defendant, “There is privity between Plaintiffs and the State of California.” MPA, p.10. Defendant, however, presents no authority supporting the claim that victims or participants in a criminal trial are in “privity” with the State for purposes of application of res judicata or collateral estoppel in a subsequent civil proceeding. In his reply, Defendant acknowled...

Excerpt: ... Second Amended Complaint is OVERRULED. Plaintiff's FAC alleged violations of RESPA as the Fifth COA, and Defendants' demurrer to that pleading was sustained with leave to amend as to that COA so that Plaintiff could allege the alternate theory of violations of Cal. Bus. & Prof. Code §17200 et seq (UCL), as Plaintiff has done here in the SAC. Particularity Defendants argue that Plaintiff's UCL claim is not pled with sufficient particularity beca...

Excerpt: ...rer to each cause of action in the FAC based on uncertainty is OVERRULED. The “uncertainties” must be specified (Fenton v. Groveland Comm. Services Dist. (1982) 135 CA3d 797, 809), but Defendants fail to address this demurrer in their papers. The demurrer to the First Cause of Action for Quiet Title based on failure to state a claim is SUSTAINED WITHOUT LEAVE TO AMEND. This cause of action is based on Plaintiff's claim that his lease may only...

Excerpt: ... based on: (1) an open book, (2) an account stated, (3) money lent, and (4) money expended. However, Plaintiff's memorandum in support of the motion attempts to demonstrate that Plaintiff has established claims for (1) an open book, and (2) an account stated. (MPA, p.3‐5.) Accordingly, because Plaintiff has addressed only two of its four claims, Plaintiff has not demonstrated it is entitled to summary judgment. Nonetheless, the Court finds that...

Excerpt: ...s because it omits Defendant's apartment number. Defendant states in her declaration that she never received the notice of renewal of judgment in the mail and that she only learned about this case when Plaintiff started to garnish her wages. Fuentes Decl., ¶¶ 8‐9. Under these circumstances, Plaintiff's service of the notice of renewal is invalid. (See Moghaddam v. Bone, 142 Cal. App. 4th 283, 288 (2006).) Thus, the 30‐ day deadline to file ...

Excerpt: ...he reason(s) stated below. The meet and confer requirement set forth in Code Civ. Proc. Sect. 430.41, which governs demurrers, is intended to ensure that the parties discuss, either in person or by phone, at least five days before a demurrer is filed, the issues to be raised in a demurrer, in the hopes that the parties can resolve their issues/objections informally and without the need for Court intervention. Here, the Zulch declaration supportin...

Excerpt: ...led with the Court. Although Defendant provides a copy of it with his reply, there is no indication that it was ever filed. Therefore, the Court has not considered it and proceeds to rule on the merits of this Demurrer. (2) In reviewing the FAC, the Court finds that the exhibits referenced in the FAC are missing. Defendant assumes that these missing exhibits are the same exhibits attached to the original Complaint for purposes of this Demurrer. H...

Excerpt: ... a complaint or cross‐complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds: … (e) The pleading does not state facts sufficient to constitute a cause of action. …” Cal. Code of Civ. Proc. § 430.30(e). With respect to the cause of action for breach of contract, the Court rules as follows. The FAC does not specify a particular contract term that...

Excerpt: ...� 452(d). Specially Appearing Defendants' Special Motion to Strike is GRANTED pursuant to Cal. Code of Civ. Proc. § 425.16. This Motion was initially set for August 23, 2021. The Court posted a tentative ruling for that hearing date indicating that the issues raised by the Special Motion to Strike were moot due to filing of FAC, which omitted the challenged causes of action. On the Court's own motion, that tentative order was vacated and hearing...

Excerpt: ...nts and Cross‐ Complainant's Motion to Compel Arbitration and Stay the Proceedings is GRANTED. The Build Contract contains the arbitration clause pursuant which the parties have agreed to arbitration. As California has a strong public policy in favor of arbitration, any doubts of arbitrability are resolved in favor of arbitration. Rice v. Downs (2016) 248 Cal.App.4th 175, 185. Thus, arbitration should be upheld “unless it can be said with ass...

Excerpt: ...hat the People have not presented sufficient facts to establish that Yi may be held liable under the “Responsible Corporate Officer Doctrine” (RCOD). The People respond that “On June 8, 2021, Plaintiff filed its First Amended Complaint (attached hereto as Exhibit 3). In paragraph 5, Plaintiff amended the description of Defendant Yi and specifically included the language ordered by the court in its ruling on the demurrer.” The State has al...

Excerpt: ...oena for business records is GRANTED for the reasons set forth below. On January 15, 2021, Defendants served Dr. Barbara Berglund Sokolov with a subpoena seeking production of her communications with third parties. (Gasaway Decl., Ex. 3.) Before producing those communications, the Commissions' counsel, pursuant to Civil Code section 1798.24, subdivision (k), notified all individuals whose personal information might be produced that their personal...

Excerpt: ...t al. (“Plaintiffs”) for Preliminary Injunction is GRANTED IN PART, as follows: Plaintiffs' Memorandum fails to comply with California Rules of Court Rule 3.1113(f), as it does not include a table of contents and table of authorities. However, the Court declines to deny the Motion on this ground or to strike the Memorandum, but CAUTIONS Plaintiffs to comply with this rule in the future. Plaintiffs' proposed preliminary injunction seeks the fo...

Excerpt: ...written First Amended Complaint (FAC) is very difficult to read and understand. Plaintiff may wish to remedy this issue/problem if a further amended Complaint is filed. Allegations. The FAC purports to assert claims against Defendants Gregory Menzel, an attorney, and Earl Daly, an alleged client of Menzel's, for negligence, fraud, “intentional tort,” “common count.” The FAC also makes references to Menzel's alleged “fiduciary duties,”...

Excerpt: ...ed a supplemental briefing schedule on the issue of Defendant's contestation of the Court's tentative ruling. The parties focused much of their briefing on the element of permanency pursuant to the ruling in Richards v. CH2M Hill, Inc., (2001) 26 Cal.4th 798 (excerpted at length in Plaintiff's sup. brief, pgs. 3‐4), which held that a continuing violation occurs when an employer's unlawful actions are (1) sufficiently similar in kind, (2) have o...

Excerpt: ...as a declaratory judgment and a permanent injunction enjoining Defendant Palo Alto Park Mutual Water Company (PAPMWC) from further attempts to shut off Plaintiff's water in an attempt to collect amounts incurred by other account holders, including the property owner, for water service to 227 Green Street. Public Utilities Code section 777, subdivision (b) requires Defendant PAPMWC to “make every good faith effort to inform the residential occup...

Excerpt: ...t forth below. Defendant's demurrer based on uncertainty is SUSTAINED with leave to amend. Plaintiffs have not cured some of the defects from their prior complaints, rendering the Fourth Amended Complaint fatally uncertain. First, the FAC alleges that Plaintiff Mayer agreed at the December 3, 2017 meeting with Pepe that the noise level was acceptable. This allegation appears to contradict the allegation that the meeting was part of Defendants' co...

Excerpt: ...Opposition papers were untimely filed per Code Civ. Proc. Sect. 1005(b), the Court, in its discretion, has considered them in addressing the motion's merits. The Court recognizes that, according to Husain's Opposition papers, he assigned the 2012 CIT Judgment to his son on 9‐9‐21, two days after Husain's Opposition papers were due. Code Civ. Proc. Sect. 1005. The timing of that purported assignment raises concern, to say the least. Nonetheles...

Excerpt: ...t Co. (1937) 24 Cal.App.2d 220, 221‐223 [where an individual defendant resides in a different county from that in which a corporate defendant's principal place of business is located and the action is brought in a third county, the individual defendant is entitled to a change of venue to the county in which the corporate defendant's principal place of business is located].) It is ordered that venue of this action be transferred to Los Angeles C...

Excerpt: ...Court finds that Rona Maskan's motion to quash service of summons is MOOT in light of the Court's ruling on the motion to dismiss, as set forth below. Rona Maskan's motion for an order dismissing Plaintiff Proud Thai Massage, LLC's (“Plaintiff”) Fourth Amended Complaint against Rona Maskan is GRANTED on the ground that Plaintiff did not obtain leave to add Rona Maskan as a Defendant in the Fourth Amended Complaint after voluntarily dismissing...

Excerpt: ...s set forth below. The original hearing on Plaintiff's motion for attorney's fees was held on April 12, 2021. At the hearing, the Court ordered the parties to submit further briefing regarding issues raised during oral arguments. Following the continued hearing, held on June 28, the Court issued an order granting Plaintiff's motion for attorney's fees in the amount of $166,009.00 and permitting further briefing on Plaintiff's request for addition...

Excerpt: ... constitutional law.” (R.R. v. Superior Court (2009) 180 Cal.App.4th 185, 205.) The Separate Statement of Undisputed Facts for a motion for summary adjudication of issues must identify each cause of action subject to the motion. Plaintiff improperly combines claims for account stated and open book account into a single issue. Because of the relatively uncomplicated nature of this motion, the Court overlooks the defective paper. Plaintiff's requ...

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: ... 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: ...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: ...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: ...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�...