Excerpt: ...ary judgment shall be granted when “all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Code Civ. Proc. Sect. 437c(c). A defendant has met the burden 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, or there is a complete defense to that cause of...

Excerpt: ...on). The first cause of action alleges that Defendant made statements to Peters, which induced Peters to not pay Plaintiff, which forced Plaintiff to sue Peters. Since the Complaint does not allege any representation made to Plaintiff, the Complaint does not allege a claim for intentional misrepresentation. However, a Complaint may survive a motion for judgment on the pleadings if it alleges any cause of action, despite the title of the claim. He...

Excerpt: ...an be granted. The gravamen of Plaintiff's Complaint arises out of an alleged August 21, 2014 overcharge on Plaintiff's real estate loan from Defendant Bank of America. Complaint, ¶¶ 5‐14. Each cause of action relates to that event and is supported only by those factual allegations. Although the first cause of action alleges that the breach of contract began on a date to be determined after February 15, 2019, this conflicts with the prior all...

Excerpt: ... Serramonte (“Defendant”) for Failure to Arbitrate, is DENIED. On November 21, 2019, the parties entered into a “Stipulation To Submit This Matter To Binding Arbitration” (“Stipulation”). (Liberty Decl., Exh. 1.) The Stipulation was approved by the Court on November 22, 2019 (“Order”). (Ibid.) Plaintiff brings this Motion contending that Defendant failed to participate in binding arbitration pursuant to the Stipulation and Order. ...

Excerpt: ...tract Plaintiff alleges that Defendant “breached the contract in violation of Section 4 Subsection 2 of the Terms of Use, Section 12 Subsection 2 of the Advertising Policies, and Section 7 Subsection e of the Facebook Platform Terms by cancelling Plaintiff's account when Plaintiff had done nothing to merit such cancellation.” SAC, ¶12. Section 4 Subsection 2 of the Terms of Use provides, in relevant part: If we determine that you have clearl...

Excerpt: ...e motion to compel Plaintiff to sign a release authorizing production of cell phone records on October 15, 2020. Yakubova Decl., ¶3. Plaintiff argues that while the parties did attend an IDC, that was for disclosure of records for Plaintiff's phone number (650) 518‐ 4905, and did not concern the release of records associated with the phone numbers which are subject to the present motion, [650‐630‐7711; 650‐ 267‐9474; 650‐278‐0531; ...

Excerpt: ...Court's task is to determine whether the Certificates (under seal) contain “one or more facts corroborative of one or more of the charging allegations against a defendant or defendants . . . .” (Code of Civ. Proc. § 340.1, subd. (m)(1).) Plaintiff's Certificate of Corroboration as to Defendant Doe 2 sets forth facts describing Plaintiff's attendance at Doe 1 recreational activities, where Plaintiff was supervised by Doe 2. The Certificate de...

Excerpt: ... the attorney's client and the third party, the disclosure must be reasonably necessary to achieve the purpose for which the attorney was retained, and the disclosure must have been with a reasonable expectation that the disclosed material remain confidential. 1. The Parties Must Have a Common Legal Interest. “Common interest” has never been defined, but cases imply that it means more than “common goal” or “common hope.” Instead, it m...

Excerpt: ... that “the Premises is not subject to the just‐cause nor relocation assistance requirements contained in Civil Code section 1946.2 because of Landlord's compliance under Civil Code section 1946.2(e)(8).” Complaint, Ex.2, p.1. According to Defendant, however, the Notice violates the Act because “Plaintiff has never provided Defendant with written notice that the Premises is exempt from the TPA,” as required under Civil Code § 1946.2(e)(...

Excerpt: ...proposed Cross‐Complaint is compulsory because the causes of action arise out of the same transactions or occurrences as the causes of action in the Complaint. (See C.C.P. § 426.10(c); see also ZF Micro Devices, Inc. v. TAT Capital Partners, Ltd. (2016) 5 Cal.App.5th 69, 82‐84.) The allegations in the proposed Cross‐ Complaint concern Plaintiff Mehrdad Elie's (“Plaintiff”) investment for which Defendants claim Plaintiff is improperly d...

Excerpt: ... Judicial Notice is GRANTED. (2) Demurrer to the First Cause of Action for Negligence, Second Cause of Action for Premises Liability and Fifth Cause of Action for Negligent Infliction of Emotional Distress by Jared is SUSTAINED WITHOUT LEAVE TO AMEND. Defendant demurs that these claims fail because Jared has not and cannot allege compliance with the Government Claims Act. (See Defendant's Request for Judicial Notice, Exh. A.) Jared concedes in op...

Excerpt: ...eration fails to comply with section 1008 lacks merit. This is not a motion for reconsideration under Code of Civil Procedure section 1008, subdivision (a). It is a renewed motion under subdivision (b), which requires showing “what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.” (Code of Civ. Proc. § 1008, subd. (b).) In a...

Excerpt: ...dens recorded 1‐31‐22. As alleged in the Complaint and not disputed, BG purchased the property in foreclosure. Plaintiffs' Complaint does not name BG as a defendant. There is no allegation BG is related to the named defendants, or that BG engaged in any wrongdoing relating to the sale. BG is merely the buyer. BG intervened in the case for purpose of filing the present motion to expunge the lis pendens. The parties dispute BG's claimed status ...

Excerpt: ...er properly served. Specifically, he contends he did not live at the stated Redwood City address at the time of alleged service. Defendant also contends that at the time of alleged service, he was not living with “Mary Tuiaki,” the person identified in the Proof of Service as Defendant's “co‐tenant,” to whom copies of the Summons and Complaint were allegedly handed. Defendant states he did not receive actual notice of the Judgment until...

Excerpt: ...mon counts based on: (1) an open book, (2) an account stated, and (3) goods sold and delivered. However, Plaintiff's MPA 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.5‐7) Accordingly, because Plaintiff has addressed only two of its claims, Plaintiff has not demonstrated it is entitled to summary judgment. Nonetheless, the Court finds that Plaintif...

Excerpt: ... the merits at trial (Robbins v. Superior Court (1985) 38 Cal.3d 199, 206) and (2) the interim harm that the plaintiff is likely to sustain if the injunction were denied as compared to the harm that the defendant is likely to suffer if the preliminary injunction were issued. (Shoemaker v. County of Los Angeles (1995) 37 Cal.App.4th 618, 624–625.) Mandatory preliminary injunctions are “rarely granted.” The granting of a mandatory injunction ...

Excerpt: ...e facts supporting the FAC with sufficient specificity to support a COA for fraud under the requisite heightened pleading standards. Plaintiff argues that the specific individuals at Defendant Tesla or Lux that had knowledge of or perpetrated the false statement about forthcoming title are presently unknown. In light of that information being unavailable to Plaintiff, the FAC should not be found lacking in sufficient particularity with respect to...

Excerpt: ...vide “reasonable notice in writing of his or her intent to enter and enter only during normal business hours.” Whether Plaintiff provided adequate notice of entry, however, is not a proper ground for demurrer in this unlawful detainer action. Plaintiff does not allege that the Notice to Enter provided grounds for termination of the lease. Rather, Plaintiff's Complaint is based on Defendant's alleged violation of a 3‐Day Notice to Cure or Qu...

Excerpt: ...n Plaintiff, Plaintiff has disobeyed the order, Plaintiff has here been given the opportunity to be heard regarding that disobedience, and Plaintiff has not offered any explanation for that disobedience. The Court entered the following order on June 9, 2021: Defendant TESSA EVANGELINE WIGTON's motion to compel plaintiff Andrea L. Ramos to supply verified objection‐free responses to Second Special Interrogatories, First Supplemental Interrogator...

Excerpt: ...t by Plaintiffs Vincent Pluvinage and VPV, LLC (“Plaintiffs”) is ruled on as follows: A party may move to strike out any irrelevant, false or improper matter inserted in any pleading. (C.C.P. § 436(a).) The Motion to Strike Paragraph 22, lines 15 to 17, is DENIED. Defendants seek to strike the allegations regarding the CHALLENGES article that they claim are false. In support Defendants request judicial notice of this article. (See Defendants...

Excerpt: ...date, which had already been continued five times, was set for Jan. 11, 2022. Over Defendant's opposition, the Court thereafter granted Plaintiff's ex parte application to continue the Jan. 2022 trial date to Aug. 2022, in light of the fact Plaintiff had already filed the present motion seeking to re‐open discovery, which was set to be heard on 2‐7‐22, after the scheduled Jan. 2022 trial date. The Court's 10 ‐27‐21 Order continuing the ...

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...