Excerpt: ...aintiff's first cause of action. Plaintiff has explicitly pleaded violation of Civil Code Sections 2924 et seq. Plaintiff is not seeking to enforce Civil Code Section 2924m as a private cause of action – on the contrary, Plaintiff is alleging that Section 2924m does not apply; and it is Defendant that is asserting application of Section 2924m. Plaintiff has adequately alleged that Plaintiff was the highest bidder at auction, and entitled to the...

Excerpt: ...o the Complaint is SUSTAINED WITH LEAVE TO AMEND as to the cause of action for breach of oral contract, and is otherwise OVERRULED. Defendant's Request for Judicial Notice is GRANTED as to Exhibits B, C, D, E, F and H. The Court may take judicial notice of the existence of judicial opinions and court documents, along with the truth of the results reached, in the documents such as orders, statements of decision, and judgments, but it cannot take j...

Excerpt: ...ments or the matters asserted therein, pursuant to Evidence Code section 452(h). First, Defendants fail to establish that the Complaint is barred by the statute of limitations under Commercial Code section 3118(b). This statute of limitations provides that “if demand for payment is made to the maker of a note payable on demand, an action to enforce the obligation of a party to pay the note shall be commenced within six years after the demand.�...

Excerpt: ...irst Amended Complaint (“FAC”) by Plaintiffs Standard Fiber Investors, LLC (“SFI”) and Standard Fiber, LLC (“SF”), is ruled on as follows: (1) Before reaching the merits of this Motion, the parties disagree on whether Utah or California law applies to the claims alleged in the FAC. Defendants claim that Plaintiffs have admitted that Utah law controls with regard to ownership of the funds because the account is located in Utah, but Def...

Excerpt: ...provides compelling evidence contradicting Plaintiff's position regarding former Harmonize employee Sylvain Ntwali's alleged access of documents and information contained in Exhs. NN, OO, PP, and YY that Plaintiff claims as trade secrets in September 2021. Zhao Decl. at ¶¶49‐53. Additionally, the Cashman Decl., Exh. 1, casts a different light on the “Harmonize Sales Pipeline” document that Defendants maintain is evidence of improper acces...

Excerpt: ...stablishing that it is entitled to summary judgment. Plaintiff's Motion for Summary Adjudication to the open book account claim is GRANTED. Plaintiff presents evidence to establish all the elements of an open book account claim for $2,884.84. (See Plaintiff's Statement of Undisputed Material Facts nos. 1, 3, 4, 6, 7; see also Dorr Decl. ¶ 11.) Defendant Michael Delacruz failed to oppose this motion, and therefore fails to raise a triable issue o...

Excerpt: ... 439. The statutory “meet and confer” requirement requires that the party filing a motion for judgment on the pleadings must meet and confer with the opposing party in‐person or by telephone. Section 439(a)(3) requires a declaration identifying “the means by which the moving party met and conferred …” The Le Roux Declaration does not comply with the statute. Second, Plaintiff/Petitioner filed a Notice of Appeal seeking trial de novo r...

Excerpt: ...s $61,133.75 = $79,611.74, divided by three = $26,537.25). Request for judicial notice is GRANTED. Plaintiffs' 12‐20‐21 Memorandum of Costs seeks $140,745.49 in total costs. Vanguard moves to tax a $61,133.75 fee charged by Plaintiffs' retained expert, Jason Fries of 3D Forensics, Inc., for creating a 3D video animation for use at trial. Vanguard also contends the requested costs should be reduced by 2/3 because Plaintiffs entered into a sepa...

Excerpt: ...D AT THIS TIME subject to reconsideration after Plaintiff proves liability against Defendant Kukje Inc.; and is DENIED AT THIS TIME as to the requests for production of documents, subject to reconsideration after Plaintiff proves liability against Defendant Kukje Inc. The parties shall stipulate and submit a proposed Confidentiality Order for this case. A sample order is available on the Court's website under Complex Civil Litigation. Defendant c...

Excerpt: ...ART and DENIED‐IN‐PART, as set forth below. As to the First Cause of Action (failure to pay all hours worked) and the Second Cause of Action (failure to pay overtime), the Motion for Summary Adjudication is DENIED. See Defs' UMF 5 (disputed); CACI 2700 (Non‐Payment of Wages). As a threshold issue, Defendants suggest Plaintiff Chavez may have been a nonexempt employee because he performed managerial/supervisory tasks, and thus he cannot seek...

Excerpt: ...d this action against Defendant/Cross‐Complainant Maria Rosado to collect an outstanding credit card debt in the amount of $2,270.33. Cross‐Defendants Harris & Zide and Flint Corey Zide (collectively, “Harris & Zide”) filed the Complaint in this action on behalf of LVNV. In response, Ms. Rosado filed a Cross‐Complaint, asserting two causes of action against Harris & Zide for violations of the Federal Fair Debt Collection Practices Act (...

Excerpt: ...22. As to the First Cause of Action, alleging negligence, and the Second Cause of Action, alleging premises liability, the Demurrer is SUSTAINED WITH LEAVE TO AMEND. The Complaint does not assert a viable survivorship claim. Rather, Plaintiffs assert these two causes of action in their individual capacities. Plaintiffs do not allege they represent decedent's estate, or are decedent's personal representative(s) or successor(s)‐in‐interest. See...

Excerpt: ...Plaintiffs cannot establish their claims for wrongful foreclosure or to set aside the trustee's sale because there is no triable issue of fact as to whether the trustee's sale of the subject property was illegal, fraudulent, or willfully oppressive. According to Defendants, “The undisputed evidence demonstrates the transfer of the Deed of Trust to US BANK, as Trustee, and no void Assignment is implicated.” MPA, p.1‐2. Defendants further ass...

Excerpt: ...ions is GRANTED WITH LEAVE TO AMEND. The motion to strike “Attachment 12” is DENIED AS MOOT. As to the Complaint's punitive damages allegations, the motion is GRANTED, for several reasons. First, because the Court is sustaining Defendant's demurrer to each asserted cause of action, the punitive damages claim, which is predicated on the asserted causes of action, necessarily fails. Second, even if the wrongful death claim had been properly ple...

Excerpt: ...cise of this Court's discretion; or under any other statute. Defendant has failed to demonstrate that the default judgment entered December 14, 20219 is void on its face. There is no dispute here the December 2019 Judgment is not void on its face. See 1‐26‐22 Reply brief at 3. An order is considered void on its face only when the invalidity is apparent from an inspection of the judgment roll or court record, without considering extrinsic evid...

Excerpt: ...pertaining to Defendant/Judgment debtor dating back to 2017. The documents are sought as part of Plaintiffs' efforts to collect on their 12‐23‐19 Judgment. Defendant separately filed a motion to vacate the Judgment. Defendant argues the bank records will be largely irrelevant if the Judgment is vacated, because Plaintiffs will no longer be judgment creditors. Alternatively, Defendant argues that even if the Judgment is not vacated, the subpoe...

Excerpt: ...onkie. Kirton McConkie serves as Defendant Gross & Rooney's registered agent, and has represented Defendant Jefferson Gross in a variety of matters since 2017. Gross Decl., ¶¶ 4, 5. According to Defendants, “On or before November 24, 2021, Sanai associated with Kirton as co‐counsel in the instant matter.” MPA, p.2. Kirton McConkie firm is not counsel of record for Plaintiffs in this lawsuit and have never appeared in this action. Defendan...

Excerpt: ...to Special Interrogatories is GRANTED in its entirety for the reasons set forth below. The Court exercises its discretion to consider Cross‐Complainant's late‐ filed Opposition. See Kapitanshki v. Vons (1983) 146 Cal. App. 3d 29, 32. Special Interrogatory No. 14 Cross‐Defendants' Special Interrogatory No. 14, from Set Two, asks that CrossComplainant provide the name, address, and telephone number of certain witnesses. Cross‐Complainant re...

Excerpt: ...nied in part and granted in part as to Document Categories 3 and 4. Defendant's written response states that that it will comply with the request and produce “non‐privileged” document. The response implies that privileged documents will not be produced. Defendant must supplement its responses to Categories 3 and 5 by identifying all responsive documents that are withheld under privilege, i.e., produce a privilege log. (Code of Civ. Proc. §...

Excerpt: ...aintiff Sunstone DID NOT SUE STILLCREEK in the Complaint. The individual defendants and Stillcreek filed a Cross‐Complaint against Sunstone alleging claims of breach of contract and negligence for defective work. Sunstone filed an arbitration claim against Stillcreek seeking payment; and Stillcreek and the individual defendants filed a cross‐claim for arbitration, with allegations identical to those in their Cross‐Complaint. The Arbitrator ...

Excerpt: ...red. Defendants were served with a 60‐day termination notice via posting and mailing on October 8, 2021. See Compl., Exh. 3; Civ. Code §§ 1946, 1946.1; C.C.P. § 1162 (a)(3). The 60‐day notice period is determined by excluding the day of the posting and mailing and including the last day of the 60‐day period. C.C.P. § 12; see also Losornio v. Motta, 67 Cal. App. 4th 110, 113 (1998), as modified (Oct. 8, 1998), as modified (Nov. 2, 1998)....

Excerpt: ... no Default Judgment has yet been entered against him. Defendant Thomas P. Davies' Motion to Set Aside Default entered March 24, 2020 is DENIED for the following same reasons: (1) Defendant is not entitled to relief under Code of Civil Procedure Section 473(b) as more than six months have passed since entry of the default; (2) Defendant is not entitled to relief under Section 473(b) due to his failure to comply with the statutory requirement that...

Excerpt: ...wood Drive in Pacifica, Ca. The owner of the school property, Defendants Ignatian Corp. and St. Ignatius College Preparatory (“School”) is in the process of demolishing an old structure on the property, which has involved some asbestos abatement. Plaintiff claims Defendants failed to obtain all of the required permits/approvals before beginning the demolition and asbestos abatement work, including CEQA/environmental approvals. Plaintiff also ...

Excerpt: ...e knowledge or notice of the facts as to which Plaintiffs assert delayed discovery. Tolu's demurrer to the Second Amended Complaint on the basis of statute of limitations is SUSTAINED WITH LEAVE TO AMEND. Plaintiffs shall file and serve their Third Amended Complaint on or before December 26, 2022. There is a relaxed duty of inquiry applicable to fiduciary relationships, though “the general rules relating to pleading and proof of facts excusing ...

Excerpt: ..., filed 10‐18‐21, is DENIED. C.C.P. 483.010 et seq. The Attachment Law requires strict construction; unless specifically provided for by the Attachment Law, no attachment procedure may be ordered by the court. Pacific Decision Sciences Corp. v. Superior Court (2004) 121 Cal.App.4th 1100, 1106. As the moving party, Plaintiffs have the burden of proving a proper basis for Attachment. C.C.P. 484.090. Plaintiffs assert claims for money had and re...