Excerpt: ...eave to amend as to D & B. (Id. at 2:23-6:8.) As to Netwise, plaintiff pleads that its founder and CEO Dwight Gorall sexually assaulted and harassed her at a business event put on by plaintiff and her employer LiveRamp, Inc. (Cmplt. 3:6-4:9.) Civil Code 51.9 (sexual harassment): Plaintiff pleads that she helped host the LiveRamp "executive dinner for its clients and business partners" such as Gorall's Netwise at which Gorall groped and otherwise ...

Excerpt: ... pages 3 and 4, paragraphs 19, 21, 26‐29, 31, 34, 35, and items 4 and 7 of the Prayer for Relief in the SAC. Defendants maintain that these portions of the pleading are irrelevant and false. To the extent the Motion relies on the request for judicial notice, it is not well taken. If the documents were accepted as judicially noticeable, to the extent Defendants contest the factual allegations of the pleading it is an evidentiary matter that does...

Excerpt: ...ty Center, Redwood City. As to the merits, by this motion, Defendant moves for relief from its default on primarily equitable grounds. A court has inherent equitable authority to vacate a default at any time for extrinsic fraud or mistake, even when statutory relief is unavailable. (Luxury Asset Lending, LLC v. Philadelphia Television Network, Inc. (2020) 56 Cal.App.5th 894, 910.) A defendant seeking relief from its default must show generally al...

Excerpt: ...ining objections are OVERRULED. A party may move for summary adjudication of as to one or more claims of damages if the party contends that there is no merit to the claim. Cal. Code of Civ. Proc. §437c(f)(1). A defendant has met his or her burden on summary judgment of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action cannot be established. Cal. Code of Civ. Proc. §437c(p). Once...

Excerpt: ...roc. Sect. 438. Legal standard for MJOP. The grounds for an MJOP must appear on the face of the challenged pleading or be based on facts the court may judicially notice. Code Civ. Proc. Sect. 438(d); Tung v. Chicago Title Co. (2021) 63 Cal.App.5th 734, 758‐759. An MJOP assumes that all facts pleaded in the complaint are true, no matter how improbable. Serrano v. Priest (1971) 5 Cal.3d 584, 591; CrossTalk Productions, Inc. v. Jacobson (1998) 65 ...

Excerpt: ...asons set forth below. As a preliminary matter, the exhibits filed in support of this motion fail to comply with California Rules of Court rule 3.1110(f)(4). All future exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit. Failure to properly bookmark exhibits may result in rejection of the filing or continuance ...

Excerpt: ...Notice (filed in support of DMARC Advisor's 4‐19‐22 Demurrer to Plaintiff's Complaint). CRC 2.550 states that “a court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prej...

Excerpt: ... Sect. 452(d)); GRANTED as to Exhibits C, D, E, and F (Evid. Code Sect. 452(f) and (h)); and DENIED as to Exhibits G and H. Plaintiff's 11‐29‐22 Request for Judicial Notice is GRANTED. Evid. Code Sect. 452(d). DMARC Advisor B.V.'s 12‐5‐22 Request for Judicial Notice is GRANTED. Evid. Code Sect. 452(f) and (h). The Demurrer to the Fourth Cause of Action (fraud by concealment) is OVERRULED. Code Civ. Proc. Sect. 430.10(e). DMARC Advisor cor...

Excerpt: ...uest for Production of Documents, categories 1 through 4 and 6 through 16 is GRANTED as to all categories. Defendant's responses on March 1 and April 5, 2021, were blatantly insufficient. Defendant's May 20, 2022, response states that he conducted a diligent search and reasonable inquiry, but is “unable to comply” because the requested documents either never existed, had been destroyed/lost/stolen/misplaced, or has never been or no longer is ...

Excerpt: ...med consent—arising out of a shoulder surgery and bicipital tenodesis procedure performed by Bolanos on Plaintiff in 2019. (February 8, 2021 Complaint, p. 4.) By this Motion, Bolanos moves for summary judgment with respect to the action—and, in the alternative, summary adjudication with respect to these causes—on the grounds that Plaintiff cannot establish the elements of either claim and that the claims are time‐barred. A. Legal Standard...

Excerpt: ...rent.” MPA, p.4‐5. Defendant contends that “As such, the ThreeDay Notice to Quit upon which Plaintiffs' complaint is deemed waived, unenforceable, and cannot support a later judgment.” MPA, p.5. The Court agrees. Plaintiff's Complaint alleges that, on September 29, 2022, Plaintiff issued a Three‐ Day Notice to Quit for Breach of Covenant resulting from Defendant's failure to comply with prior notices to cure breaches of the parties' lea...

Excerpt: ... on the grounds that these causes of action are barred by the three‐year statute of limitations set forth in CCP § 338(b), pertaining to injuries to real property. According to Defendants, “The facts underlying the cause of action for nuisance and trespass are the construction of the concrete retaining wall and fence thereon. As alleged in this Memorandum of Points and Authorities, the facts underlying the Cause of Action for Trespass and, u...

Excerpt: ...ion must be based on “new or different facts.” (Code of Civ. Proc. § 1008, subd. (a).) The moving party must “show diligence with a satisfactory explanation for not having presented the new or different information earlier.” (Even Zohar Constr. & Remodeling, Inc. v. Bellaire Townhouses, LLC (2015) 61 Cal.4th 830, 839.) Plaintiff's motion presents facts that were not before the Court when the Court heard the underlying motion. (See Decl. ...

Excerpt: ...est Seller Ltd. (“Best Seller”) shall provide further responses to Request for Production Nos. 63–71 within thirty (30) days of entry of the Court's formal order. Best Seller and Mayer shall also meet and confer, and they shall file, by December 5, 2022, a stipulated request for entry of an appropriate protective order for the Court's signature as discussed below. By this Motion, Plaintiff Alexander Mayer seeks to compel the further respons...

Excerpt: ...emotional distress is SUSTAINED with leave to amend. The demurrer is OVERRULED with respect to the remaining causes of action. 1st, 2nd & 7th COA – Breach of Lease, Breach of Covenant of Good Faith & Fair Dealing, Violation of CLRA Defendants demur to Plaintiffs' first cause of action for breach of lease and second cause of action for breach of the covenant of good faith and fair dealing on the grounds that Plaintiffs are not parties to the Lea...

Excerpt: ..., Civ. Code Sect. 1714(a)”), the Demurrer is OVERRULED. Code Civ. Proc. Sect. 430.10(e), (f). Defendants' arguments lack merit. First, contrary to Defendants' contention, the 4AC sufficiently alleges an agency relationship between the demurring Defendants (the alleged owners) and Defendant Ma (the owners' alleged agent). The Demurrer argues that the 4AC does not allege any statements or actions by the owners/demurring Defendants, and only alleg...

Excerpt: ...ended Complaint (the “FAC”) on the basis that it fails to state sufficient facts to constitute a cause of action and that its claims are barred by section 230 of the Communications Decency Act (the “CDA”). Plaintiff John A. Fetto contends that the FAC sufficiently alleges facts supporting the breach of three separate promises and that the CDA does not bar his claims for these breaches. A. Legal Standard on Demurrer The purpose of a demurr...

Excerpt: ...ree, PARTIES ARE TO APPEAR. The parties are to be prepared to address whether Plaintiff is required to file a probate petition before proceeding with this action. Plaintiff alleges that she is the sole beneficiary and executor of decedent James Wilmoth's estate, but the parties indicate that no probate action has been filed. Plaintiff claims that Mr. Wilmoth's estate was a small estate that is statutorily exempt from probate, but then also acknow...

Excerpt: ...LC's Motion to Compel Race Technologies, LLC's Further Responses to Requests for Production and Request for Sanctions is GRANTED. Race Technologies, LLC shall provide further responses within thirty (30) days of written notice of the entry of this order. El Camino Motors, LLC (“El Camino”), by this Motion and its concurrently filed companion motion, seeks to compel further responses from Race Technologies, LLC (“Race Tech”) to specially p...

Excerpt: ...ture. Plaintiff seeks to compel further responses to its Requests for Production of Documents, Set One, Nos. 27, 28, 31, 33, 35‐40, and 42 from Defendant Timothy Draegen. The requests seek documents relating to the process by which ownership of Dmarcian EU was allocated. Plaintiff contends the documents are relevant in light of his claim that he was granted an ownership interest in Dmarcian EU. In Defendant's supplemental responses to the disco...

Excerpt: ..., Stephen Lee and Sincere Care Management Corporation (“Defendants”) to the First Amended Complaint of Plaintiff Dora Guerrero, individually and as successor‐in‐interest to the Estate of James R. Wilmoth (“Plaintiff”), PARTIES ARE TO APPEAR. The parties are to be prepared to address whether Plaintiff is required to file a probate petition before proceeding with this action. Plaintiff alleges that she is the sole beneficiary and execut...

Excerpt: ..., or alternatively, a stay of Plaintiff's action on grounds of forum non conveniens. Defendants have not met their burden of demonstrating “extraordinary circumstances” justifying dismissal of this action. Plaintiff is a California resident and Defendants have their principal places of business in California. Defendants have provided no authority supporting dismissal of an action on grounds of forum non conveniens where all parties reside in ...

Excerpt: ...tion asserts three grounds to challenge testimony that consists of multiple statements. The Court cannot discern which statements are subject to which objection. Further, Objections 2 and 3 challenge evidence supporting Bomel's Material Facts 29 and 30, which Plaintiff responds as “undisputed.” Further, the objections appear to have been waived. The challenged testimony repeats much of the material that Plaintiff moving papers submitted into ...

Excerpt: ...s Desikan and Sastri (buyers) purchased the property during a remodel project. Plaintiffs experienced water intrusion issues, and contacted moving party Mavrik, which had been the architect for the remodel. (6‐ 27‐22 Patadia Decl.). Mavrik worked with the buyers to remedy the water issue. The problems apparently were not resolved, and thus in June 2020, Plaintiffs (buyers) sued the Patadia Defendants (sellers), alleging defects in the home. I...

Excerpt: ...ymphony Communication Services, LLC's Second Amended Cross‐complaint is DENIED. The origins of this case trace back to a settlement agreement (the “Settlement Agreement”) entered into by Plaintiff and Defendant on August 21, 2019. The Settlement Agreement ended a 2018 case filed in this court, entitled LogiGear Corporation v. Symphony Communication Services, LLC, et al. and numbered 18CIV06464. In that case (the “Prior Litigation”), Pla...