Excerpt: ...nt, and further leave to amend is not justified. Defendant shall prepare, circulate and submit a proposed Judgment. Defendant's Request for Judicial Notice is GRANTED\. "[T]he elements of an achon for fraud and deceit based on a concealment are: (1) the defendant must have concealed or suppressed a material fact, (2) the defendant must have been under a duty to disclose the fact to the plaintiff, (3) the defendant must have intentionally conceale...

Excerpt: ...l in opposition to this Motion, but failed to file any application or moton to have these documents filed under seal. "A party requesting that a record be filed under seal must file a motion or an application for an order sealing the record." (CRC Rule 2.551(b)(1).) "The moton or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing." (Ibid.) Accordingly, the documents are hereby ORDE...

Excerpt: ...uests for judicial notice are GRANTED, but not for the truth of the matters contained therein. The Court notes that Defendant filed a request for judicial notice that is over 800 pages long, but Defendant failed to "bookmark" the exhibits thereto. This is in violation of CRC Rule 3.1110(f)(4) and ü)cal Rule 3.3. Accordingly, the Court was left to scroll through 800 individual pages, which is abusive. Defendant is hereby warned that failure to co...

Excerpt: ... Counsel exchanged emails on March 27, 2023 regarding the filing of the Cross-complaint and the need for Mr. Perdue to obtain joint representation waivers from Cross-Defendants. Sorba Decl„ "3-4. Counsel for Crosscomplainant followed up via email on April 3, 2023. Ibid. , 95. Cross-Defendant Fofoanga Club filed an Answer to the Cross Complaint through Mr. Perdue on April 17, 2023. Ibid. , 96. Cross-complainant's counsel sent an email on May 31,...

Excerpt: ...mber 1, 2023. Defendants demur that these causes of action fail to state facts sufficient to support a claim because Plaintiff Edgewater Holding Corporation has not alleged facts sufficient to support its performance or excuse for nonperformance under the contract. Specifically, Defendants assert that Plaintiff must allege that it first obtained a determination that the damages sued for are not covered by insurance before it may bring these claim...

Excerpt: ...or Plaintiff in July 27, 2023. Although Jones presented evidence that she was on maternity leave from March 28, 2023 to June 26, 2023, there is no valid excuse or explanation from the other two attorneys as to why they did not take action on behalf of Plaintiff. Indeed, Plaintiff's counsel were able to promptly file and serve the Second Amended Complaint on April 21, 2023 in the midst of Jones' maternity leave. It is further puzzling, because the...

Excerpt: ...ended Complaint for the fifth cause of action. Defendant's Demurrer to the fifth cause of action to the extent that it claims fraudulent concealment of a defective battery know to be defective at the tme of sale of the vehicle is SUSTAINED WITH LEAVE TO AMEND. Contrary to the Code of Civil Procedure, Plaintiff fails to s#cifically allege the amount of damages claimed under this cause of achon for fraud. Further, Plaintiff fails to identify a sing...

Excerpt: ...NISTRATIVE SERVICES LLC for residents at BURLINGAME HEALTH CARE CENTER during the time period that Ms. CYNTHIA JENNINGS was a resident at BURLINGAME HEALTH CARE CENTER. No. 22: All "review tool" manuals from which ROCKPORT ADMINISTRATIVE SERVICES LLC will any e-mail "load files" in response to the discovery requests in this First Set of Requests for Production. As part of the meet and confer process, Plaintiffs stated that they were amenable to t...

Excerpt: ...d Telios. Plaintiff's Complaint does not provide details on the relationship between her and Telios, but merely lumps Kartos and Telios together at the beginning of the Complaint as Defendants or collectively, "the Company." Plaintiff's Complaint does not allege that she entered into a contract of any kind with Telios, and the attached offer letter is only on behalf of Kartos and signed by Kartos offcers. In regard to the demurrer of Kartos, alth...

Excerpt: ...ut by CCP S 386 and relevant caselaw. As an initial matter, this motion lacks a proof of service as required by California Rules of Court Rule 3.1300(a), and therefore there is no indication that any party to this action received requisite notice. The Court previously noted this omission when denying Plaintiff's previous motion to distribute interpleader funds. A proof of service is a basic requirement of any motion, and Plaintiff's moton can be ...

Excerpt: ...njunctive relief, and the sixth cause of action for declaratory relief. Defendant's Demurrer to the Complaint as to the third cause of action for an accounting is SUSTAINED WITH LEAVE TO AMEND. An action for accounting lies when the complainant sues for recovery of an unascertained amount that cannot be determined without an accounting. (St. James Church v. Superior Court (1955) 135 Cal.App.2d 352, 259.) The third cause of action is based on the ...

Excerpt: ... this Defendant, on a case that has been pending for years, and after discovery concluded, and after motions for summary judgment were heard. No gtnd cause is given for the delay. Further, the affirmative defense fails to state a viable defense, as it is evident from the motion that the Floating Home Residential Law does not apply to Docktown Marina. Defendant asserts that evidence has been obtained showing that 8 slips at Docktown Marina had sho...

Excerpt: ...imple collection case seeking an unpaid portion of a loan for approximately $11,Cü3. Plaintiff seeks $5,495.65 in costs follow-ng entry of judgment in their favor. Defendant seeks to tax $4,648.15 in costs. These costs solely pertain to two writs of attachment—an original writ and an amended writ—which Plaintiff sought following Defendant's request of a trial de novo. A prevailing party is entitled to certain costs as a matter of right. CAL....

Excerpt: ... Memorandum of Costs and a motion to tax costs is pending hearing. This is a simple collection case seeking an unpaid portion of a loan for approximately $11,000. By this motion, Plaintiff seeks a staggering award of $63,223.50 in attorneys' fees. Plaintiff's counsel billed 118.90 hours for a lodestar of $56, 673.50, plus seeks an additional 10 hours for this fee motion. Although pursuant to contract and Civil Code section 1717, Plaintiff as prev...

Excerpt: ...UT LEAVE TO AMEND, on the basis that all claims are time-barred. All other grounds for Demurrer are thus MOOT. Respondents' 8-21-23 Request for Judicial Notice is GRANTED. In 2020, Petitioner Thomas Nussbaum filed a Petton for Writ against these same Respondents in the Alameda County Superior Court, challenging Respondents' calculation of his deceased mother's (Evelyn Clayton Nussbaum's) Medi-Cal benefits/eligibility. In April 2021, the Alameda C...

Excerpt: ...tos admittedly used an alias, Jose Rodrigues, while employed by Defendant Cheesecake Factory. Plaintiff stated in his Complaint that he worked there from 2019 to 2021 as a cook. Plaintiff's signature on his declaration is for his true name, and does not match any documents submitted by Defendant. Plaintiff states that he speaks very little English, and his declaration is submitted as translated from Spanish. Plaintiff denies that it is his signat...

Excerpt: ... the Court sustained with leave to amend. Watt joined in AVM's demurrer, and separately filed the instant demurrer as to Hirata's first cause of action under Labor Code S 1102.5(b) as against Watt specifically. For the reasons stated below, Watt's demurrer to the first cause of action is SUSTAINED WITHOUT LEAVE TO AMEND. Labor code section 1102.5 is a whistleblower statute, the purpose of which is to "encourag[el workplace whistle-blowers to repo...

Excerpt: ... filed a Cross-complaint against Plaintiff. On May 5, 2022, Plaintiff filed a First Amended Complaint to add claims for accounting and declaratory relief. On June 28, 2022, this case was set for trial to commence June 1, 2023. On May 8, 2023, less than one month before trial, Defendant brought an ex parte application to continue the trial date, allow further merits discovery, and allow more time to complete expert discovery — due to the recent ...

Excerpt: ...elevant Facts This personal injury case arises out of a December 16, 2019 incident in which Plaintiff and Cross-defendant Nancy Hey, who had already been legally blind, was struck in the eye by a metal protrusion on the premises of Rancho Viejo horse stables located at 145 Ansel Lane in Portola Valley (the "Premises"). The Premises are owned by the Defendant Board of Trustees of the Leland Stanford Junior University ("Stanford") and leased to Def...

Excerpt: ..."). In the operative First Amended Complaint, Plaintiff alleges causes of acton against both Watt and AVM for whistleblower retaliation, false imprisonment, battery, and intentional infliction of emotional distress.l Defendant AVM now demurs to all causes of action, arguing that Plaintiff has failed to state facts sufficient to constitute a cause of action as to his whistleblower retaliation claim, and that AVM has failed to allege sufficient fac...

Excerpt: ...n suing a public entity defendant. Public entities can be liable only to the extent prov-ded by statute. Government Code Section 815 states, in pertinent part: " Except as otherwise provided by statute: (a) A public entity is not liable for an injury, whether such injury arises out of an act or omission of the public entity or a public employee or any other person." To assert a valid claim against Defendant, which is public entity, Plaintiff must...

Excerpt: ... to state a claim as the parties (or their predecessors in interest) entered into a settlement with broad mutual releases as part of the Second Settlement Agreement. (2) SUSTAINED WITH LEAVE TO AMEND as to the second cause of action for negligence. Although the negligence claim cannot be based upon the prior settlements, the Second Amended Complaint also contains some allegations that the failure of Defendant to maintain its subslab depressuraton...

Excerpt: ...Complaint is DENIED. Defendants shall file and serve their Answers to the Complaint on or before September 1, 2023. Evidence and facts external to the Complaint cannot be considered on a Motion to Strike. In their briefing, both parties assert arguments based on the "Traffic Collision and other supposed "evidence," including a declaration from Plaintiff's counsel. None of this, however, is part of the Complaint. On a Motion to Strike, the Court o...

Excerpt: ... Civil Procedure Section 340.5, which begins to run after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury. See MP&A ISO Motion, 5:6-8; Opp. 2:16-20. As used in Section 340.5, discovery of the injury means discovery of both the physical condition and also the negligent cause of condition; it refers to the damaging effect of the alleged wrongful act and not the act itself, and no cause of actio...

Excerpt: ...on the defendant's intentionality. Snowney v. Harrah's Ent. , Inc. (2005) 35 Cal.4th 1054, 1062. This prong is only satisfied when the defendant purposefully and voluntarily directs its activities toward the forum so that it should expect, by virtue of the benefit it receives, to be subject to the court's jurisdiction based on its contacts with the forum. ld. Thus, purposeful availment occurs where a nonresident defendant purposefully directs its...