Excerpt: ...iff wishes to prosecute a claim for punitive damages, Plaintiff must comply with Code of Civil Procedure Section 425.13, pursuant to Central Pathology Service Medical Clinic Inc. v. Superior Court (1992) 3 Cal.4th 181, by bringing a separate motion for leave to amend to add a claim for punitive damages. The one year statute of limitations (“SOL”) applies to Plaintiff's claims for professional negligence pursuant to Code of Civil Procedure Sec...

Excerpt: ...er retaliation in violation of Labor Code § 1102.5 on the grounds that the Complaint does not allege facts demonstrating that Plaintiff engaged in a protected activity. Plaintiff alleges that “he reasonably believed that the therapy platform that Defendant was producing had potential toxicity that could be detrimental to cancer patients.” Complaint, ¶ 13. Plaintiff further alleges that “the information he provided to Defendant violated Pa...

Excerpt: ... (1) breach of CC&R's, (2) breach of fiduciary duty, (3) nuisance, (4) negligence, and (5) declaratory relief. HOA's moving papers fails to address all theories of liability asserted by Sarko. HOA completely ignores the cross‐ claim for declaratory relief. The Cross‐ Complaint alleges a breach of fiduciary duties resulting from (1) the HOA's selective enforcement of the CC&R's with respect to Sarko's fence and the HOA's failure to follow the ...

Excerpt: ...or before November 1, 2022. Defendants contend, first, that Plaintiff's claim is barred by the applicable statute of limitations. According to Defendants, Plaintiff's claim is subject to a 6‐month statute of limitations under CCP § 473, and a 2‐year statute of limitations under CCP § 473.5. Defendants further contend that Plaintiff's claim is subject to a 3‐year statute of limitations applicable to “An action for relief on the ground of...

Excerpt: ...ovision in the Retail Installment Sales Contract (“RISC”) entered between Plaintiff and Napa Ford Lincoln on grounds of equitable estoppel. Napa Ford Lincoln is not a party to this lawsuit. The arbitration provision states, in pertinent part: Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrability of the claim or dispute), between you an...

Excerpt: ... attorney's fees). Having reviewed the parties' briefing and supporting evidence, the Court finds that Plaintiff's Application satisfies the requirements of Sect. 483.010(a). Plaintiff has met its burden of showing (1) the claim upon which the attachment is based is one upon which an attachment may be issued (Defendant Li's alleged breach of the guarantee agreement), (2) Plaintiff has established the probable validity of its claim (see Code Civ. ...

Excerpt: ...d on posting of a $10,000 undertaking. Defendant's Evidentiary Objections Nos. 25, 26, 27, 28, 29, are SUSTAINED; Objections 30 and 31 are SUSTAINED IN PART to the extent Mr. Field describes the contents of Exhibits 3 and 4 and otherwise OVERRULED as to all other grounds; and Objections Nos. 32, 33, and 34 are OVERRULED. The moving evidence offered only an inadmissible conclusion that Windy Hill Eight was the successor to Windy Hill Two. Plaintif...

Excerpt: ...responded. Thus there is nothing actually under oath by the Defendant. Rather, there is a court order deeming the matters admitted. Defendant has presented no case law holding that requests for admissions not filed as part of a motion for summary judgment and/or never actually admitted by the party under oath can be a matter of judicial notice for determination on the pleadings. Plaintiff cites to Evans v. California Trailer Court Inc. (1994) 28 ...

Excerpt: ...al investigation.” According to Defendants' Notice of Motion, “The motion is made on the ground that Plaintiff has illegally obtained certain evidence, specifically seafood and documents in violation of section 2023.010 (subd. (b)) of the Code of Civil Procedure.” NOM, p.2. Defendants, however, have provided no authority indicating that use of illegally obtained evidence constitutes a discovery violation under any part of the Civil Discover...

Excerpt: ...se, in June 2008, of DeRitz, LLC, and its asset, real property located at 1528 S. El Camino Real in San Mateo. Pursuant to the terms of the Purchase Agreement, as part of the funding for the purchase of DeRitz, Plaintiffs transferred to the sellers three properties in San Mateo for the fair market value of either $1,763,891.22 or $1,764,963.74. Plaintiffs' AUMF 18. This amount should have been credited toward the purchase of DeRitz. Plaintiffs' A...

Excerpt: ...e a cause of action. The First Amended Complaint alleges that Plaintiffs Jeannie and Annie Hung gave money to Defendant to use as a down payment to buy a residence to be occupied by Defendant and by Plaintiff Edmond Hung as their family home. They raised a family there, although Defendant Edmond Hung left the family in 2014 and stopped making any payments towards the house. Plaintiffs allege that Defendant – seven years after Edmond left – so...

Excerpt: ...ies previously lived together for 13 years. Plaintiff alleges that in 2017, Defendant transferred/conveyed his ownership interest in the subject property from himself (individually) to himself as Trustee of the newly formed “MSI Family Trust.” Because Defendant's interest in the property is now held by himself as Trustee of the new Trust, it is proper for Plaintiff to request to add Defendant in his capacity as Trustee, so that any judgment c...

Excerpt: ...he second cross‐cause of action for dissolution of partnership regarding a real estate business is OVERRULED. Cross‐Defendant Loeswick's Demurrer to the First Amended Cross‐Complaint as to the third cross‐cause of action for violations of the Labor Code is SUSTAINED WITHOUT LEAVE TO AMEND. Cross‐Complainant Vernon fails to allege facts supporting any allegation that she was an “employee” of Loeswick under the Labor Code. A major con...

Excerpt: ...rt have the force of law and are as binding as procedural statutes as long as they are not inconsistent with statutory or constitutional law.” (R. R. v. Superior Court (2009) 180 Cal.App.4th 185, 205.) Defendants' failure to comply as to their Request for Judicial Notice imposes an unnecessary burden on the Court. Defendants' Request for Judicial Notice is GRANTED, The Demurrer by Defendants MERS and SHAUNA BOEDEKER as to the first, second, fou...

Excerpt: ...in the complaint are sufficient to allege any cause of action. Witkin, California Procedure (6th ed. 2021) Pleading §953. Plaintiff is self‐represented. At the very least, Plaintiff has alleged facts in the Second Amended Complaint that Defendant Nash yelled at Plaintiff Rodriguez, told her to get off of “his” property, and slammed Plaintiff's right foot on the door. Plaintiff also alleges facts that she sustained personal injuries from th...

Excerpt: ...nd serve her First Amended Complaint on or before August 12, 2022. Requests for Judicial Notice are GRANTED. Plaintiff Maka filed a Complaint that is styled only as a complaint to set aside judgment. But the basis of the Complaint is that the Court lacked personal jurisdiction over her, in that service of process was defective or false. Further the enforceability of the original judgment expired but was renewed within the 10 year period. “Defec...

Excerpt: ...ty located at 567 Price Street in Daly City (“property”). The First Amended Complaint (“FAC”) alleges claims for partition and quiet title. A trial was held before Judge Buchwald, and a Statement of Decision issued on December 19, 2016. (See Sabharwal Decl., Exh. A, Statement of Decision (“SOD”).) The SOD states that the parties stipulated at trial that bank mortgage payments were paid directly to the bank by checks from Plaintiff in ...

Excerpt: ...at he Plaintiff will prevail on the claim for punitive damages under Section 3294. Section 3294 requires proof of malice, oppression or fraud by clear and convincing evidence. As noted by the Opposition, this request appears to be premature given the preliminary nature of discovery taken in this case so far. Plaintiff presents no deposition testimony of any party, and no deposition testimony of any witnesses. In the moving declaration of counsel,...

Excerpt: ...rs, which is 123 pages with Exhibits A through J. In violation of CRC Rule 3.1110(f) and Local Rules, the document exhibits ARE NOT BOOKMARKED. Failure to do so in the future, will result in the filed documents being stricken! The matters is in dispute appear to be Requests for Production Nos. 8 and 36. The privilege log was not presented, and thus is not in dispute. A constitutional right to financial privacy is asserted by Malaspina, but was no...

Excerpt: ...uit against Defendant Jim Khorge for breach of a contract (Promissory Note) that contains an attorney's fees clause. The Arbitrator found in favor of Plaintiff Dan Khorge on the breach of contract claim, and Judgment has been entered in favor of Plaintiff Dan Khorge. (1‐4‐22 Clerk's Judgment). Accordingly, the Court finds that Plaintiff Dan Khorge is the prevailing party on his claim for breach of contract, and is entitled to recover his reas...

Excerpt: ...o evidence was presented by moving party of any signed acknowledgment or other document proof that Ponder ever saw or signed any arbitration agreement. Ponder provided a declaration stating that she never saw nor signed any arbitration agreement. Defendant argues that according to their Human Resources business practices, Ponder should have been given an arbitration agreement and that she would have been required to sign it – with the written p...

Excerpt: ...lely to an allegedly improper transfer of funds from Plaintiff Standard Fiber Investors, LLC to Defendant Gross & Rooney in December 2019. FAC, ¶¶ 16, 23. Plaintiffs now seek leave to file a Second Amended Complaint to add causes of action against a newly identified Defendant, Interiorworx, LLC, relating to two transfers of funds from Plaintiff SFI to Interiorworx in 2014 and 2016. Plaintiffs' counsel states in his declaration that allowing ame...

Excerpt: ...3) 218 Cal.App.4th 1079, 1102. Defendant's Demurrer to Second Amended Complaint is SUSTAINED WITH LEAVE TO AMEND as to the Eighth Cause of Action for Wrongful Eviction, and is OVERRULED as to the Ninth Cause of Action for Declaratory Relief. The Second Amended Complaint does not allege that Plaintiff has vacated the property, which is an essential element of a wrongful eviction claim. Ginsburg v. Gamson, (2012) 205 Cal.App.4th 873, 900. Defendant...

Excerpt: ...denying Shaw‐Owens' motion to vacate judgment pursuant to Code of Civil Procedure Section 473(d) (arguing Shaw‐Owens was never personally served with the Summons and Complaint, and thus the default Judgment is “void” under Sect. 473(d)). With the prior motion having been denied, Defendant asks the Court to set the Judgment aside on equitable grounds, after the time limit for seeking relief under Sect. 473 has elapsed. Although the Court h...

Excerpt: ...ndant argues that the amount awarded by the default judgment exceeds the amount sought by Plaintiff's Complaint. Taking judicial notice of the Complaint filed August 14, 2008 as a record of this Court pursuant to Cal. Evidence Code §452(d), it seeks damages in the principal sum of $ 16,918.02, plus interest thereon at the rate often percent (10%) per annum from October 19, 2007, and reasonable attorney's fees and costs. These damages pleaded in ...