Excerpt: ...not filed any papers subsequently, and the moton remains unopposed. Defendants' motion to compel discovery set for hearing on August 23, 2023 is VACATED AS MOOT. The Court finds as follows: Plaintiff's complaint is for recovery on a $260,000 Check written to Plaintiff by Defendants. (See Civ. Code sect. 1719, subd. (a)(l) (statutory basis for liability against "any person who passes a check on insufficient funds").) Defenses to a claim for a dish...

Excerpt: ...ied upon, and that she was deceived. Her claims are based on HealthSmart's use of the descriptions "healthy" and "all-natural," yet as is apparently conceded by Plaintiff, HealthSmart has not used these adjectives to describe the products purchased by Plaintiff. HealthSmart notes the accused Sweet Nothings products are just one of several product lines. HealthSmart points to its website to demonstrate that, in fact, HealthSmart has not used the w...

Excerpt: ...e enforcement of a right to inspection of corporation books and records is done by Petition, not by Complaint. (2) Section 1501(c) has to do with disclosure of financial statements and/or creation of quarterly financing statements — which is not the relief that Vaid has pleaded. (3) Demand for inspection of books and records is under Sectons 1601 and 1602, not 1500 or 1501. (4) In an action to enforce under Section 1503, the Court may appoint a...

Excerpt: ...Defendants have demonstrated that the claims alleged against them by Plaintiff LaVerne Norman Jones fall with Prong One of SLAPP statute, and Plaintiff has failed to demonstrate any probability of prevailing on her claims under Prong wo of SLAPP statute. An "act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue" includes "any written or oral statement...

Excerpt: ...ion is DENIED. This lawsuit was originally filed by Plaintiffs against Defendant Giusto's Specialty Foods LLC back on August 21, 2019 — almost four years ago. Although the Complaint was served upon Defendant GSF on August 22, 2019, Defendant GSF failed to file any Answer to the Complaint. On March 3, 2021, Plaintiffs filed a First Amended Complaint, adding parties to the case. Defendant GSF filed its Answer on April 26, 2021. This case was set ...

Excerpt: ...tract; (2) plaintiff's performance; (3) defendant's breach; (4) plaintiff's damages therefrom. (See Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186.) hough the Complaint alleges that a written contact exists, it does not attach a copy, set out the contract's terms, or otherwise state the terms' legal effect. (See Gilmore v. Lycoming Fire Ins. Co. (1880) 55 Cal. 123, 124.) Second, to the extent the Complaint asserts a cause of action for disc...

Excerpt: ...lany and Majdy Alkablany shall, jointly and severally, pay Defendants Colla & Ray, LLP's, Samuel Charles Ray's, and Luke Robert Garvey's reasonable attorney fees in the total amount of Defendants Colla & Ray, LLP's, Samuel Charles Ray's, and Luke Robert Garvey's Objections to Evidence are SUSTAINED as all items. Defendants Colla & Ray, LLP, Samuel Charles Ray, and Luke Robert Garvey (collectively "Colla & Ray") specially move here to strike the a...

Excerpt: ...hin two years of the sale of the all the subject properties and the time when profits were required to be divided. To the extent that the first parcel was sold more than four years prior to the filing of this lawsuit, it is unclear whether any distribution of profits was triggered, as the Consulting Agreement sets forth a "waterfall" of payments to be made before any profit distribution, and the Court was not provided with sufficient evidence and...

Excerpt: ...andatory dismissal statute Secton 583.310. Code of Civil Procedure Section 583.310 mandates that a civil action be dismissed for failure to prosecute if the case does not start trial within five years of filing: "An action shall be brought to trial within five years after the action is commenced against the defendant." This civil action was dismissed for failure to bring the matter to trial within five years. For the sake of argument, even there ...

Excerpt: ...i and Jackie A. Fagnani, and the defendant is Teiko Inuoe Lewis dba Peninsula Cleaners. First Amended Complaint ("FAC"), 1-3. The Second Settlement Agreement is signed between Fagnani Properties LP, John Fagnani, individually and as Trustee of the John and Jackie Fagnani Family Trust dated August 2, 1999, and Jackie Fagnani, individually and as Trustee of the John and Jackie Fagnani Family Trust dated August 2, 1999, on the one hand, and Teiko In...

Excerpt: ...ional Tort and "Discriminated Against as a Member of an underrepresented Group" are attached. However, the only attachments to the Complaint are documents showing a hotel reservation, and a police report. The checked boxes and attachments are insufficient to show what causes of action are alleged so that Defendant may prepare a defense. The Demurrer to each cause of action is therefore SUSTAINED with leave to amend for uncertainty pursuant to Cal...

Excerpt: ...$25,000, Plaintiff will need to formally serve the Amended Complaint on Defendant, which would re-open Defendant's default. (See 3-21-22 Order denying Plaintiff's "Application to Amend the Complaint."); see also The Rutter Group: unlawful Detainer Complaint, Cal. Prac. Guide Landlord-Tenant Ch. 8-8, Sect. 8:498 ("An amended complaint making substantive changes in effect "opens" existing defaults: All defendants, even those currently in default un...

Excerpt: ...is due in November 2023, and the parties have declined to stipulate to any waiver of the five year dismissal statute. This is a motion for reconsideration in disguise. On August 17, 2022 this Court held a hearing on Plaintiff's moton to continue the trial (which was granted) and Defendants' motion to continue all pretrial dates and deadlines, to be calculated based upon the new trial date, which was denied. The Court found "No good cause for cont...

Excerpt: ...Make Increase Deposit to $2,000,000 is GRANTED pursuant to Cal. Code of Civ. Proc. 51255.030. The Court previously ruled that Defendant's original Motion for Order Increasing Amount of Deposit of Probable Compensation and Commanding Plaintiff to Increase Deposit to $2 million pursuant to Code of Civil Procedure Section 1255.030 was denied without prejudice for failure to present the factual details required by subsection (a) regarding valuation. ...

Excerpt: .... 1—6, 10, 12—13, 16, 18, 19, 21—23. Defendant's Evidentiary Objections are DENIED. As a preliminary matter, Defendant's separate statement in opposition does not comply with California Rules of Court. Rule 3.1350(f)(2) that requires that, when a material fact is disputed, the evidence supporting the position that the fact is controverted must be described and cited to. In addition, Defendant has not properly bookmarked his exhibits, in vio...

Excerpt: ... Sect. 1005, subd. Plaintiff is reminded to comply with filing and service deadlines in the future. Defendant Diwa Rachakonda's demurrer to the first cause of action (breach of contract) is SUSTATINED WITH LEAVE TO AMEND. Demurrer to the second cause of action (common count for work, labor, services) is OVERRULED. Plaintiff shall file and serve his First Amended Complaint on or before May 8, 2023. The first cause of action (breach of contract) fa...

Excerpt: ...ASE SUMMARY The Complaint alleges that on January 7, 2020, Plaintiff Mary Jane Estacio (“Plaintiff”) entered into a warranty contract with Nissan regarding a 2018 Nissan Kicks (“vehicle”). Plaintiff attaches a copy of the express warranty to the Complaint. (See Defendants' Request for Judicial Notice, Exh. 1.) Plaintiff claims that the vehicle had defects and nonconformities to the warranty. Plaintiff delivered the vehicle to GSN for repa...

Excerpt: ... GRANTED. A. Request for Continuance In the memorandum of points and authorities supporting her opposition, Defendant contends that “discovery in this matter remains ongoing, with significant discovery items still outstanding,” that “numerous issues related to the allegations contained within the Cross-Complaint for property damage have yet to be fully explored or adjudicated,” and therefore “considering summary judgment at this point i...

Excerpt: ...TAINED WITH LEAVE TO AMEND. Code Civ. Proc. Sect. 430.10. The Demurrer is unopposed. See CRC 8.54(c) (“A failure to oppose a motion may be deemed a consent to the granting of the motion.”). Respondents' 10-28-22 Request for Judicial Notice is GRANTED as to Exhibits A-C. Evid. Code Sect. 452(c). Petitioner Nussbaum shall file and serve a Second Amended Petition for Writ on or before April 3, 2023. All asserted claims appear to be time-barred o...

Excerpt: ...abandoned, and that claim for relief is DISMISSED. A plaintiff may move for summary judgment in an action if it is contended that there is no defense to the action or proceeding. (Code of Civ. Proc. 437c, subd. (a)(1). A Plaintiff meets its moving burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. (Id. sect. 437c, subd...

Excerpt: ...he First Amended Complaint on or before February 10, 2023. Defendant Peninsula Corridor Joint Powers Board demurs to Plaintiffs' First Amended Complaint on the grounds that the first, second, and fourth causes of action, which allege negligence against Defendant, “are fatally divergent from the tort claims they submitted to Defendants.” According to Defendant, “Plaintiffs' FAC completely altered the factual landscape vis‐a‐vis PCJPB. Th...

Excerpt: ...Court Case no. C19‐02458 filed November 26, 2019, and (2) a probate action titled In the Matter of the Estate of Raymundo Guzman Sr., San Mateo Superior Court Case no. 19‐PRO‐01521 filed December 9, 2019. Plaintiff brings this Motion pursuant to Code of Civil Procedure section 403 and Cal. Rules of Court Rule 3.500, contending that these actions share common questions of law and fact and that their coordination will promote the ends of just...

Excerpt: ...the amount of fees requested; and the Court finds the fee request to be inflated. Sahlbach repeatedly and successfully contested service of process by multiple motions to quash. No SLAPP motion to strike or other motion as to the pleadings was called for prior to the time that the Court granted the Plaintiff's request for service by publication, and publication was conducted. The only SLAPP motion was filed in April 19, 2022. The moving paper con...

Excerpt: ...action for conversion in the Second Amended Complaint, by Annie and Jeannie Hung, on the basis of Statute of Frauds is SUSTAINED WITHOUT LEAVE TO AMEND. This claim is based upon an alleged oral contract to either loan or provide as an investment the down payment on the house – which funds were given by Plaintiffs to Defendant voluntarily. Either way, such an agreement regarding real estate must be in writing, pursuant to civil Code sections 109...

Excerpt: ...ble to dispose of only causes of action, affirmative defenses, claims for damages, and issues of duty. (Code of Civ. Proc. sect. 437c, subd. (f)(1).) Plaintiff's motion does not fall within the scope of section 437c. Even if the Court were to consider the motion on the merits, the motion would fail. Issues for motions for summary adjudication are framed by the pleadings. Summary adjudication cannot be granted or denied on grounds not raised in th...