Excerpt: ...deration, and DENIED in part, with respect to the request to terminate arbitration. Plaintiff's objections to evidence are OVERRULED. In ruling on the previous Moton to Compel Arbitration in this action, the Court held that the issue of default under Cal. Code of Civil Procedure Section 1281.98 for late payment of fees should be decided by the arbitrator. June 10, 2022 Order. Plaintiff asks for that order to be vacated, or in the alternative for ...

Excerpt: ...e Cal. Rules of Ct., rule 3.1300(d); Rancho Mirage Country Club Homeowners Association v. Hazelbaker (2016) 2 cal.App.5th 252, 262-253; Juarez v. wash Depot Holdings, Inc. (2018) 24 cal.App.5th 1197, 1202.) The motion was previously continued to permit Defendant Tesla, Inc. ("Tesla") the opportunity to file br-efing and evidence in reply. Thus, with any potential prejudice now having been averted, the Court has considered Xue's late-filed papers....

Excerpt: ...tic Park project. Plaintiff claims that Defendant owes $27,018.10 for trucking services and $6,400.00 for tolls, dump fees, and scale fees which Plaintiff advanced. Plaintiff now applies to this Court for a right to attach order and writ of attachment, seeking to secure the amount of $38,759.91. For the reasons set forth below, Plaintiff's application is DENIED. The Court shall consider the showing made by the parties and shall issue a right to a...

Excerpt: ...ntiff") moves the Court to impose a nonmonetary sanction under CCP S 128.7 by striking the eight affirmative defenses put forth in Defendant Ampex Engineering and Construction Inc. ("Ampex" or "Defendant"). According to Plaintiff, the sanctions are warranted because Defendant's affirmative defenses are meritless and insuffciently supported by legal or factual argument and evidentiary support. A CCP S 128.7 motion involves strict adherence to a tw...

Excerpt: ... person or by telephone. See Cal. Code of Civ. Proc. Section 430.41. The Court, in its discretion, has ruled on the merits of the Demurrer. In future, any demurrer that is not supported by a code compliant meet and confer declaration may be ordered off calendar until a compliant declaration is filed. Defendant contends that Plaintiff's Opposition was untimely served. Reply 1:19-25. While the Opposition was timely filed, it was served via regular ...

Excerpt: ...e had an Informal Discovery Conference ("IDC") with the Court. Here, no IDC was conducted in this action prior to Plaintiff's August 7, 2023 Motion to Quash. The Motion is subject to denial for this reason, as well as on its merits. Medical Records Subpoena Defendant's medical records subpoenas seek medical records including: All written and electronic medical documents pertaining to the history, care, treatment and/or examination of Wisam Ibrahi...

Excerpt: ...how that (1) the plaintiff was in actual peaceful possession of the premises at the time of the entry; (2) a forcible entry has ucurred: i.e„ either that the entry was nonconsensual or not pursuant to "orderly legal pruess;" (3) plaintiff was deprived of possession either by the unlawful entry or by separate conduct; and (4) plaintiff is seeking to ræover possession. (Cal. Prac. Guide Landlord-Tenant Ch. 7-A, S 7:18, et seq.) The declarations ...

Excerpt: ...tion of this claim alleged in his First Amended Cross-complaint. A crosscomplainant meets his or her burden of showing there is no defense to a cause of action if that party proves each element of the cause of action entitling the party to judgment on the cause of action. Civ. Proc. S 437c(p)(1).) Once the cross-complainant meets that burden, the burden shifts to the cross- defendant to show that a triable issue of one or more material facts exis...

Excerpt: ...uction Inc. ("Ampex" or "Defendant") is an employer required under the California Labor Code to carry workers' compensation insurance. According to the Complaint, Defendant obtained this coverage from State Compensation Insurance Fund ("SCIF") but failed to pay the amounts requested on SCIF's "premium bills" or "final audit statements" covering the period of June 6, 2016 to November 26, 2018. SCIF sent three "premium bills" to Ampex: a bill for $...

Excerpt: ...(FAC) does not relate back to the filing of the original complaint because the FAC is based on a primary right different from the one pleaded in the original complaint. The argument is unpersuasive. Relevant to this demurrer, Defendant makes two (1) Entwio, which contains the antibody vedolizumab, which binds to a protein identified as a4ß7 and (2) a product (unnamed in the pleadings) that contains an antibody that binds to a protein identified ...

Excerpt: ...LLC, PHIL STOKER, DIANE STOKER, SCOTT O'NEIL, AND DALE HUISH TENTATIVE RULING: For the reasons stated below, Defendants' Motion to Strike Punitve Damages, filed Aug. 25, 2023, which seeks to strike the punitive damages allegations in Plaintiffs' June 30, 2023 Second Amended Complaint (SAC), is DENIED. Code Civ. Proc. Sect. 435, 435. To be clear, the SAC asserts claims against a long list of defendants, generally referred to by the parties as the ...

Excerpt: ...ts tentative ruling granting the motion in part. (Jul. 7, 2023 Minute Order.) The Court ordered a sentence stricken from the Complain, as the sentence constituted an attempt to base a claim for injunctive relief on Stiles' and Johnsons' service of an eviction notice—which is protected activity. (Aug. 22, 2023 Order, pp. 3—4.) The remainder of the cause of action, comprising valid claims for injunctive relief based on non-protected activity, w...

Excerpt: ...of this order. As a preliminary matter, the hearing on this demurrer was originally set for July 21, 2023. The Court found that Defendant MPH International LLC ("MPH") had failed to meet and confer as required by Code of Civil Procedure section 430.41. The Court continued the hearing and ordered MPH to file a declaration, confirming that the parties had met and conferred, no later than September 5, 2023. MPH has failed to file a declaration, and ...

Excerpt: ...e sole grounds for Defendant's motion as to the first cause of action is that the LLC Operating Agreement has terminated, the LLC has dissolved, and Defendant withdrew from the LLC in 2017. These facts are undisputed. Defendant contends, therefore, that he cannot be liable for a breach of contract claim. The argument has no basis in law, and Defendant cites no legal authority to support the argument. When a contract terminates or expires, it is n...

Excerpt: ...raud is OVERRULED. The elements of a claim for fraudulent 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 concealed or suppressed the fact with the intent to defraud the plaintiff, (4) the plaintiff must have been unaware of the fact and would not have acted as he did if he had known...

Excerpt: ...ristopher Dunn Cust(Nlianship ("Plaintiffs") "Motion to compel and Request for sanctions," filed June 12, 2023, is GRANTED-IN-PART and DENIED-INPART. Background. Plaintiffs filed this case in March 2022. Plaintiffs' present Motion argues that since roughly mid-2022 and continuing to the present, Defendants David Bragg and Silicon Valley Real Estate Ventures, LLC (SVRV) have engaged in various forms of discovery abuse/misconduct that warrants sanc...

Excerpt: ...E RULING: For the reasons stated below, Defendants Wayne Podesta et. al.'sJune 6, 2023 Motion to Strike portions of Plaintiffs Franciscan Resident Advisory committee, et. al.'s April 10, 2023 complaint is GRANTED-INPART and DENIED-IN-PART. code Civ. Proc. Sects. 435, 436. Defendants' June 6, 2023 Request for Judicial Notice is GRANTED-INPART and DENIED-IN-PART. (See Order on Defendants' Demurrer to Complaint, which explains the Court's rationale)...

Excerpt: ...rrer on behalf of only one Defendant (Indrawous Azar) and pay a single First Appearance Fee, rather than filing a Demurrer on behalf of all clients and incurring multiple First Appearance Fees. There is no statute, court rule, or regulation that supports this strategy. Mr. Bender's approach, though possibly well- meaning, constituted attorney neglect because a reasonable attorney would have known that demurring on behalf of just one client would ...

Excerpt: ...on brief is single-spaced, which violates California Rules of Court, Rule 2.108. In its discretion, the Court has chosen to overlook this procedural defect in this instance. The Court will expect Plaintiff to strictly comply with the Rules of Court going forward. Plaintiff has not highlighted/marked the relevant portions of the deposition transcripts. Plaintiff has filed deposition testimony in support of her Opposition papers, but has not highli...

Excerpt: ...ext, Inc. to provide a further account is GRANTED. Plaintiff and Cross defendant Open Text, Inc. shall serve a further account no later than ten (10) days after service of written notice of the formal order. Defendant and Cross-complainant Michelle Beasley's request for an order appointing a referee to hear and decide an issue or specific question of fact is DENIED. A. Procedural Background On March 8, 2023, Beasley served a demand for a bill of ...

Excerpt: ...e suspension or disabling in all circumstances." (MPA, p.2.) Defendant also contends that collateral estoppel bars Plaintiff from seeking monetary damages because the federal district court's decision dismissing Plaintiff's Complaint in King v. Facebook, Inc. (N.D. Cal. 2021) 572 F.Supp.3d 776 has determined that Plaintiff cannot allege a claim for monetary relief. In King v. Facebook, Inc., 572 F.Supp.3d at 790, the federal district court determ...

Excerpt: ... to Form Interrogatories that were served in November 2021. The Court granted Defendant's motion to compel verified responses and ordered Plaintiff to provide verified responses and to pay a monetary sanction of $5,101.00 "within fourteen days of notice of entry of this order." (Order, April 26, 2023 (filed May 1, 2023.) Defendant served Notce of Entry of Order on May 3, 2023. As of the date Defendant filed the present motion on June 14, 2023, Pl...

Excerpt: ...ended Complaint ("SAC") by Plaintiffs Lori Slicton ("Slicton") and George Buckingham ("Buckingham") (also collectively "Plaintiffs"), is ruled on as follows: (1) The Demurrer is OVERRULED on the ground that Slicton fails to allege an adverse employment action in support of her claims. "Adverse employment actons are not limited to ultimate actions such as termination or demotion." (Judicial Council Of California Civil Jury Instructon 2509.) "An ad...

Excerpt: ...r responses to the Special Interrogatories is GRANTED as to Special Interrogatory Nos. 1-3, 6-10, 15, 17, 22-23, and 25-26, and DENIED as to Special Interrogatory Nos. 12-14, and 19. Within three weeks of this Order, Plaintiff shall serve further, written responses, without objections, to Special Interrogatory Nos. 1-3, 5-10, 15, 17, 22-23, and 25-26. All objections to these Interrogatories are overruled. Because Nos. 12-14, and 19 contain typogr...

Excerpt: ...tate and International Depositions and Subpoena Discovery Act, a motion to enforce a subpoena may be filed in the superior court for the county in which the discovery is to be conducted, and shall comply with the rules and statutes of this state. Cal. Code of Civil Procedure Section 2029.3CL Here, Petitioners' California subpoena was served on Respondent Meta Platforms, Inc. on May 9, 2023. Franklin-Murdock Decl., 97, Exh. E. Respondent thereafte...

Excerpt: ... across the parking area, an unknown third-party assaulted Plaintiff, who then asked a manager at the hotel to call the police. The manager allegedly refused. Plaintiff brings this action against Defendants as the owners and operators of the hotel, alleging inter alia that they were negligent in failing to provide adequate lighting in the parking area, and should have known of the danger posed to Plaintiff by the unknown third-party. On December ...

Excerpt: ...rict's decision in Raymond Handling Concepts Corp. v. Superior Court (1995) 39 Cal.App.4th 584, 590—591. In that case, the trial court drafted an order that "allowed disclosure only to counsel in similar cases and only if counsel executed a stipulation agreeing to be bound by the protective order. The order further required counsel to notify defense counsel when disclosure was made." The appellate court noted that "This gives defense counsel an...

Excerpt: ... above, a three-day notice must include "the amount which is due." A notice that seeks rent in excess of the amount due is invalid and will not support an unlawful detainer action. (Levitz Furniture Co. v. Wingtip Communications, Inc. (2001) 86 Cal.App.4th 1035, 1038 [parenthetical and citations omittedl.) The notice to pay rent or quit upon which Barahona's claim is founded demands a $200.00 late fee in addition to past-due rent of $1,360.00. (J...

Excerpt: ... entered into a General Mutual Release (the "settlement agreement") signed by the settling parties on May 25, 2023, May 29, 2023, and June 5, 2023, under which Plaintiffs unequivocally Cross-Defendant's offer of $10,000.00 to resolve their claim in exchange for a full release of all claims against Cross-Defendant. The non-exhaustive factors for making a determination of good faith settlement are provided by TechBilt, Inc. v. Woodward-Clyde & Asso...

Excerpt: ...der it entered, it may do so on its own motion and enter a different order. Here, Plaintiff requests that the Court reconsider its August 6, 2021 Order compelling arbitration and staying this action pending resolution of that arbitration. As Defendant points out, Plaintiff's Motion is not a Motion of the Court, so Section 1008(c) does not grant authority for Plaintiff to bring this Motion. Opp. 2:11-18. Plaintiff acknowledges in their Reply brief...

Excerpt: ...obayo's ("Plaintiff") First Amended Complaint ("FAC") is SUSTAINED as to each asserted cause of acton. Code Civ. Proc. Sect. 430.10(e). Page limit violation. In addition to other violations of the California Rules of Court (CRC), Plaintiff's 53-page Opposition brief exceeds the page limit by about 38 pages. See CRC 3.1113(d) (Opposition briefs limited to 15 pages). The Court has disregarded the portion of Plaintiff's Opposition brief that exceeds...

Excerpt: ...nts' request for judicial notice is GRANTED pursuant to Cal. Evidence Code Section 452(c). The Notice of Pendency of Action relating to 15 Salmark Court, Hillsborough, California, APN 038-181-250 ("Property"), recorded on January 20, 2022, in the office of the County Clerk-Recorder of San Mateo County, Document Number R0003203261 is hereby expunged. Cal. Code of Civil Procedure Section 405.20 allows a party to an action who asserts a real propert...

Excerpt: ...arbitration all claims raised in the Complaint. This action is STAYED pending resolution of the arbitration proceedings. Defendant Greystar Management Services, LP ("Greystar") moves here to compel Plaintiff Giovanni Bruschi's claims regarding his former employment with Greystar. The parties do not dispute that a valid arbitration agreement governed by the Federal Arbitration Act (the "FAA") covers at least some of the claims asserted in the Comp...

Excerpt: ...cises its discretion to not rule on Plaintiffs' Objections to the Declaration of Marites Reddy or Defendant's Objections to Exhibits D and H to the Declaration of Vanessa Efremsky (police report and toxicology report). None of the challenged evidence was material to the Court's disposition of the motion. (Code of Civ. Proc. S 437c, subd. (q).) A. Workers' Compensation Is the Sole Remedy for Plaintiffs' Claims. In general, workers' compensation be...

Excerpt: ...is SUSTAINED WITH LEAVE TO AMEND. To state a claim against a public entity, "every fact material to the existence of its statutory liability must be pleaded with particularity." (Lopez v. Southern Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780, 795.) Plaintiffs fail to plead material facts with particularity against CCSF, and instead include the same general allegations against all defendants regarding liability for dangerous condition of public p...

Excerpt: .... Standing Plaintiff has not alleged an interest in the Property. Although he alleges that he attempted to adversely possess the Property, and that he attempted to buy it at public auction, he does not allege that either attempt vested him with an interest, nor do the alleged facts support such a conclusion. A complaint filed by a party who lacks standing is subject to demurrer because it fails to state a cause of action by the particular named p...

Excerpt: ...ge in a good faith interactive process; (6) retaliation for exercising rights under FEHA; (7) retaliation in violation of CFRA; (8) failure to prevent harassment, discrimination, and retaliation; (9) whistleblower retaliation; (10) wrongful termination in violation of public policy; (11) violation of Business and Professions Code S 17200 et seq. After filing their Answer, Defendants demurred to Plaintiff's third cause of action, harassment, on th...

Excerpt: ...er Re Depositions Of Mydatt Employees Jeffrey Knipmeyer And Fred Anderson And Request For Monetary Sanctions Pro Tem Judge Robert Kane, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all par...

Excerpt: ...RULING PART 2 OF on the Discovery calendar for Friday, July 21, 2023, Line 3, (specially set to be heard at 1:30 pm. by Jude Pro Tem Scott aorrowman) PLAINTIFFS PEBBLEBROOK HOTEL, LP, PEBBLE8ROOK HOTEL TRUST, SERENITY NOW, LP, A DELAWARE LIMITED PARTNERSHIP, LET IT FLHO, LR A DELAWARE LIMITED PARTNERSHIP, GEARY DARLING, LP. A DELAWARE IMITED PARTNERSHIP, SF TREAT, LP, A DELWARE LIMITED PARTNERSHIP'S MOTION TO COMPEL FURTHER RESPONSES TO FORM INTE...

Excerpt: ...ntage of the CCP 474 Dæ amendment procedure where the plaintiff is ignorant of the defendant's actual identity or the facts that give rise to liability against that defendant. (McOwen v. Grossman 153 Cal.App.4th 937, 942-943.) Plaintiff filed this action on October 16, 2020 but learned of the facts creating liability against defendant afterwards. (Leeds Decl., 3-4; Mish Decl., Ex. B, Werner Decl., 3.) Plaintiff could have discovered the informat...

Excerpt: ...ase Information Technology Corp.'s, and Hong Kong NetEase Interactive Entertainment Ltd.'s and Defendants and Cross-complainants Krafton, Inc.'s and PUBG Santa Monica, Inc.'s Joint Motion to Seal Trial Exhibits and Testimony is GRANTED. Plaintiffs and Cross-defendants NetEase, Inc., NetEase Information Technology Corp„ and Hong Kong NetEase Interactive Entertainment Ltd. (collectively "NetEase") and Defendants and Cross-complainants Krafton, In...

Excerpt: ... As to the First, Second, and Third Causes of Action (libel, libel per se, and "false light"), the Motion is GRANTED-IN-PART AND DENIED-INPART. Each of these first three causes of action appears to be based on multiple Yelp postings (postings that Defendant Liu made on Plaintiff Watters' Yelp page). Some of these postings can potentially form the basis for liability; others cannot. The Court declines to strike any of the first three causes of act...

Excerpt: ...g a court record under CRC Rule 2.550(d). The Court finds: (1) there exists an overriding interest that overcomes the right of public access to the record; (2) the overriding interest supports sealing the record; (3) a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) the proposed sealing is narrowly tailored; and (5) no less restrictive means exist to achieve the overriding interest. ...

Excerpt: ...e a First Amended Complaint with the stricken allegations removed no later than ten (10) days after service of written notice of this order. Defendants Dennis Stiles' and Daniel Johnson's Requests for Judicial Notice is DENIED. Stiles and Johnson here specially move to strike from the Complaint its fourth cause of action for injunctive relief, pursuant to Code of Civil Procedure section 425.15. A. Legal Standard on Ant-SLAPP Special Motion to Str...

Excerpt: ...the attached RISC lack merit Plaintiff's 6-23-23 Objections to portions of the 4- 12-23 Ameripour Declaration, in which Plaintiff objects to the Court considering the attached "Retail Installment Sales Contract" (RISC) , are OVERRULED. Plaintiff's related "Motion to Strike" is also DENIED. Plaintiff objects to the attached RISC on the following grounds: "lack of foundation, lack of authentication, lack of personal knowledge, inadmissible hearsay ...

Excerpt: ...ure Section 430.10(e), and OVERRULED in part, as follows: First COA— Assault SUSTAINED with leave to amend. The elements of a cause of action for assault are: (1) the defendant acted with intent to cause harmful or offensive contact, or threatened to touch the plaintiff in a harmful or offensive manner; (2) the plaintiff reasonably believed he was about to be touched in a harmful or offensive manner or it reasonably appeared to the plaintiff th...

Excerpt: ...y the statute of frauds; (2) the causes of action for transfer and title of property are barred by the statute of limitations; and (3) the activity on which Stiles' and Johnson's liability is based is protected by the ant-SLAPP statute. Though Stiles' and Johnson's memorandum of points and authorities also included a discussion of the standards governing proceedings for civil harassment restraining orders, the Notice of Demurrer and Demurrer make...

Excerpt: ...ion, without prejudice, on March 10, 2023, due to Defendants' failure to demonstrate that the motion had been adequately served on Plaintiff, as well as Defendants' failure to attach a proposed responsive pleading. (3/10/23 Minute Order.) Defendants subsequently filed this motion to set aside the default on March 30, nearly nine months following the entry of default. Because this motion was filed more than six months following the entry of defaul...

Excerpt: ... To Plaintiff'S Complaint On Individuals Brajah Norris And Paula Jones. Specially Appearing Defendants arajah Norris and Paula Jones's motion to quash service of the summons is DENIED. Specially Appearing Defendants' motion appears to be pursuant to Code of Civil Procedure sections 418.10 and 474. The court rejects Plaintiff Johnny Boyer's claim that Jones waived her right to file a motion to quash; while Jones did not bring their motion within t...

Excerpt: ... Castro's Objections to Evidence are OVERRULED. The Complaint asserts six causes of action—two for breach of contract and four common counts—all seeking recovery of the same single sum of $20,372.04 allegedly owed by Defendant Joel L. Castro on a credit card account. (Aug. 29, 2022 Complaint, pp. 3—6.) Plaintiff Wells Fargo Bank, N.A. ("Wells Fargo") moves here for summary judgment, contending there are no issues to be tried on any of these...

Excerpt: ... days after service of written notice of this order. The failure to file an amended complaint shall result in dismissal of this case. Defendant City of Burlingame's Request for Judicial Notce is GRANTED. The Court does not take judicial notice of the declarations per se but considers them as independent affdavits. Defendant City of Burlingame (the "City") demurs to the Complaint pursuant to Code of Civil Procedure secton 430.10, subdivisions (e) ...

Excerpt: ... Bulaya, who is doing business as KJ Millworks, he did not file a timely response to the Complaint because he is unfamiliar with the united States legal system and because he was in an emotional state due to the death of his father father-in-law five days prior to the filing of this action. (MPA, p.3, 5.) Mr. Bulaya's declaration states that "My father in law's death distracted me, affected me psychologically by causing me to become sad and anxio...

Excerpt: ... Toole ("Plaintiff") is SUSTAINED WITHOUT LEAVE TO AMEND based on failure to allege facts sufficient to support this claim. The elements of a claim for intentional interference with contractual relations are: (1) That there was a contract between [name of plaintiff] and [name of third party]; (2) that [name of defendant) knew of the contract; (3) that [name of defendant]'s conduct prevented performance or made performance more expensive or diffic...

Excerpt: ... amendments to its First Amended Complaints do not require/necessitate a contnuance of the trial date, which is set to begin June 26, 2023, nor any additional discovery. Plaintiff's 5-22-23 Requests for Judicial Notice are GRANTED. Evid. Code Sect. 452(d). Background. In these consolidated cases, on 5-22-23, Plaintiff DFS filed two substantially similar motions, both entitled: "Motion for Leave to File Amendment to First Amended Complaint." In th...

Excerpt: ...d on Janaury 10, 2023, by arbitrator Hon. David A. Garcia is hereby corrected and confirmed, and judgment shall be entered for Iglesia Bautista Hispana Senda de Vida and against First Puritan Church of South San Francisco as follows: First Puritan Church of South San Francisco shall take nothing by its claims. Iglesia Bautista Hispana Senda de Vida shall be allowed the continued use of the premises consistent with its historical use, including th...

Excerpt: ...ode Civ. Proc. Sect. 436; Civ. Code Sect. 3294. Plaintiffs 5-5-23 Request for Judicial Notice is GRANTED. Evid. Code Sect. 452(d). The meet & confer. Code Civ. Proc. Sect. 435.5 states that the party filing a motion to strike shall meet and confer in person or by telephone with the party who filed the pleading ..." It is not enough to merely send correspondence inviting opposing counsel to participate a phone call. The statute contemplates that t...

Excerpt: ...d City, Courtroom 2]. Any party contesting this tentative ruling is also to give notice to opposing counsel of the correct location of the hearing. CASE SUMMARY On July 8, 2021, Plaintiff Bernardo Zavala-Rosales ("Plaintiff") purchased a 2018 Honda Pilot ("vehicle"). Plaintiff alleges that the vehicle came with express and implied warranties from Defendant, the manufacturer. Plaintiff claims that the vehicle was delivered with serious defects and...

Excerpt: ...thing in the Notice of Demurrer indicates the grounds for demurrer. For purposes of this hearing only, the Court overlooks the procedural defect and rules on the demurrer. Defendant's counsel is directed to comply with California Rules of Court and uycal Rules of Court regarding electronically filed documents. Specifically, exhibits must be (CRC Rule 3.1110(f)(4) ["electronic exhibits must include electronic bookmarks with links to the first page...

Excerpt: ...in of Bell's/Galisha's Cross-claims as Moot," filed 2-27-23, are DENIED. DFS' Requests for Judicial Notice, filed 2-27-23, are GRANTED. Evid. Code Sect. 452(d). Background. In these consolidated cases (19ClV07192 and 19ClV0794), plaintiff/Cross-Defendant DFS has sued two former employees, Roxanne Bell and Diosdado Galisha, for trade secret misappropriation and breach of contract. DFS' breach of contract claims against both Bell and Galisha allege...

Excerpt: ...nd 576. The Court, in its discre
Ÿon, has proceeded to the merits of the Mo
Ÿon despite the moving par
Ÿes' ini
Ÿal failure to comply with Cal. Rules of Court, rule 3.1324(a) and (b). The Zakaria Decl. in support of the Reply provides the required informa
Ÿon. Bank of America (“BOA”) argues that because it is not being added as a Doe Defendant, the rela
Ÿon back doctrine does not operate to circumvent the statutes of limita
Ÿons that a...

Excerpt: ...chester's Personnel Records is GRANTED IN PART for the reasons set forth below. San Mateo Police Department shall produce the documents in Noah Winchester's personnel records as identified below for in camera review in Department 21 on a date to be set on June 9th. Plaintiffs are ordered to produce the information in the possession of their counsel derived from Noah Winchester's personnel records for in camera review in Department 21 on a date to...

Excerpt: ...nce's Shellfish Company, Inc. shall file its answer to the Complaint no later than ten (10) days after service of written notice of entry of this order. Defendant Vince's Shellfish Company, Inc. ("VS Co.") demurs to Plaintiffs Anna Marie Loftus', Rosanna Wieland's, and Jeanette Mary Wild's (hereafter collectively "Plaintiffs") Complaint—pursuant to Code of Civil Procedure, section 430.10, subdivision (e)—on the grounds that it fails to allege...

Excerpt: ...e of Action, titled unlawful Eviction, is based on Plaintiff's car being towed, which Plaintiff alleges constituted placing Plaintiff in a "state created danger" under the Due Process Clause of the 14th Amendment to the United States Constituton. (42 U.S.C. S 1983.) The First Cause of Action fails to state a legally cognizable claim for two reasons: 1. A local government entity, such as Defendant County Sheriff's Office, "may not be sued under Se...

Excerpt: ...Nicole Santacroce reached a settlement agreement with the moving defendants following negotiations with arbitrator and mediator David Hamerslough wherein Defendants are to pay Plaintiffs in exchange for a dismissal with prejudice as to Lurline Assets Group, LLC and Oscar Lito Jaojoco and a release of all claims, including a waiver of Civil Code Secton 1542, with each party agreeing to pay its own attorneys' fees and costs. A determination that th...

Excerpt: ...f Plaintiff's Complaint as a result of Plaintiffs failure to comply with the Court's November 4, 2023 Order compelling Plaintiff to serve responses to Defendant's Form Interrogatories, Set One, and Demands for Production, Set One, as well as Plaintiff's failure to submit any Case Management Statements ahead of scheduled case management conferences. Defendant's counsel states that "To date, Plaintiff has failed to comply with the Court's Order and...

Excerpt: ...tract is OVERRULED. The Court previously overruled the Demurrer to this claim in the original Complaint. Nevertheless, ARE argues that it may bring a demurrer to this claim once again because IncellDx filed a FAC. (See Carlton v. Dr. Pepper Snapple Group, Inc. (2014) 228 Cal.App.4th 1210- 1211.) While Carlton supports that ARE may bring a demurrer to this claim though, the Court is not persuaded that the breach of contract claim in the FAC necess...

Excerpt: ... SUSTAINED-IN-PART and OVERRULED-IN-PART, as set forth below. Page limits. Going forward, the parties are advised to strictly comply with stated page limits for all briefing. The CRC-imposed page limitations exist to insure brevity; they are not an invitation for parties/their counsel to gain additional pages by transferring large swaths of text into the footnotes. Footnotes should be used sparingly. Meet and confer. The 3-22-23 meet and confer d...

Excerpt: ...or Judicial Notice is GRANTED. (Evid. Code Sect. 452(d)). Plaintiff's 5-12- 23 Request for Judicial Notice is GRAN ED. (Evid. Code Sect. 452(c)). Plaintiff's 5-12-23 Objections to the Ivar, Dawn, & Patrick Fluharty Decls. are OVERRULED on grounds the objections are immaterial to the Court's ruling on the Motion. Further, these objections would go to the weight of this evidence, not its admissibility. Background. This is a dispute involving neighb...

Excerpt: ...nce are OVERRULED. This lemon law action relates to Plaintiff's 2020 Honda Pilot, purchased new from Honda of Serramonte in Colma, CA on December 13, 2019. Defendant AHM here moves to compel arbitration pursuant to an arbitration provision in the "Retail Installment Sale Contract— Simple Finance Charge (With Arbitration Provision)" ("Sales Contract"), and to stay the action. Equitable Estoppel Defendant argues that it is entitled to compel arbi...

Excerpt: ... in this case. Defendant notes that the apportionment of liability among Defendant Ross, Defendant Graves, and Plaintiff is disputed. Therefore, according to Defendant, "apportionment of fault in the liability portion of the case is a preliminary determination that will promote trial efficiency and economy, apprising each party of the need (or lack thereof) to call damages experts, including multiple physicians—most with active clinical practic...

Excerpt: ...for Breach of Implied Warranty of Merchantability under the Song-Beverly Act and Fourth Cause of Action for Violation of the Consumers Legal Remedies Act ("CLRA"). (Conn Decl., Exh. A.) The Song-Beverly Act provides that "[ilf the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on ac...

Excerpt: ...r to the Second Amended Cross-complaint no later than ten (10) days after service of written notice of this order. Plaintiff and Cross-defendant Open Text Inc. (hereafter "Open Text") demurs to the Fifth and Ninth Causes of Acton set forth the Second Amended Cross-complaint (the "SAX") pursuant to Code of Civil Procedure section 430.10, subdivision (e), on the grounds that neither count states facts sufficient to constitute a cause of action. A. ...

Excerpt: ... Legal Standard on Request to File Untimely Compulsory Crosscomplaint When a defendant fails to file a compulsory cross-complaint at the time of filing its answer, a court must grant the defendant leave to belatedly file the cross-complaint as long as the defendant has acted in good faith and provided notice to the other parties. (Code of Civ. Proc., S 426.50.) A strong showing, consisting of substantial evidence of a defendant's bad faith, is re...

Excerpt: ...ectronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit or letter and briefly describe the exhibit"); San Mateo County Superior Court Local Rule 3.3 (same).) "Rules of Court 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.) Plaintiff's Opposin...

Excerpt: ...efendant has not attached the subject document for the Court's review. CRC 1306(c). However, the referenced document is not necessary for the Court to grant the Motion to Quash. Background. This is an insurance subrogation case. Defendant Norwood moves to quash service of the Summons and Complaint, arguing he was improperly served. According to Plaintiff's Proof of Service (POSI filed 1-10-23, on 12-27-22, pursuant to Code Civ. Proc. Sect. 415.20...

Excerpt: ...o arbitration all claims raised in the Complaint. This achon is STAYED pending resolution of the arbitration proceedings. Defendants seek to compel the submission of Plaintiff's claims to arbitration pursuant to an agreement (the "Arbitration Agreement") entitled "Brooksdale Dispute Resolution Policy" and allegedly signed by Plaintiff. (See Jan. 20, 2023 Declaration of Audrey Withers ("Withers Decl."), 5, exh. A ("Arb. Agmt.").) Plaintiff makes s...

Excerpt: ...) entered between Plaintiff and Boardwalk Nissan on grounds that Plaintiff should be equitably estopped from refusing to arbitrate his claims against Defendant. The arbitration provision —to which Defendant is not a signatory— states, in pertinent part, as follows: 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 di...

Excerpt: ...ed to Steven Baik is GRANTED for the reasons set forth below. Krafton's request for sanctions is DENIED. By this Motion, Krafton seeks to quash the subpoena issued to Baik by Plaintiffs and Cross-defendants NetEase Inc., Hong Kong NetEase Interactive Entertainment Ltd., and NetEase Information Technology Corp. (collectively "NetEase"), which requests Baik produce the Engagement Letter detailing the fee arrangement between himself and Krafton with...

Excerpt: ... is ordered to provide answers to NetEase's questions regarding whether he has a financial interest in the outcome of this litigation, as discussed in this ruling, in a further deposition. The further deposition is to take place no later than April 18, 2023, except as agreed upon by the Parties and their respective counsel. By this Motion, NetEase seeks to compel Steven Baik's answers to certain deposition questions. These questions sought to dis...

Excerpt: ...4); and (2) GRANTED, BUT NOT FOR THE TRUTH OF THE MATTERS ASSERTED THEREIN, as to Galicha and Bell's respective cross-complaints (Ex. 1, 2) and the court order issued on September 14, 2017 in DOE v. Google (S.F. sup. ct. case no. CGC-16-556034) (Ex. 5). All objections are OVERRULED. DFS has not met its initial burden of proof to demonstrate there are no triable issues of material fact as to Issue nos. 1 — 12. For Issues nos. 1, 2, 5, 6, 9, DFS ...

Excerpt: ...On March 23, the Court issued a Tentative Ruling indicating an intention to sustain the Demurrer, which at that time appeared to be unopposed, for the reasons argued in Defendant's moving papers. On March 21, Plaintiff filed a late Opposition brief. Defendant then requested a continuance of the March 24 hearing to allow Defendant time to file a Reply brief. Accordingly, at the March 24 hearing, rather than adopt its Tentative Ruling, the Court co...

Excerpt: ... Defendants committed financial elder abuse and breached their duties as fiduciaries when they pressured her into selling her house without attempting to solicit bids from other buyers via a multiple listing service ("MLS"). Here, Defendants move to strike all requests for punitive damages from the Complaint. As a preliminary matter, Defendants failed to meet and confer as required by Code of Civil Procedure secton 435.5. This statute requires a ...

Excerpt: ...NG: Plaintiffs serra Falk Goldman's and George G.'s unopposed Motion to Seal, filed 2-24-23, which seeks an Order sealing certain documents filed in support of, and in opposition to, defendant Cirrus' Motion for Review of the Discovery Referee's Pre- Trial Order ISA, is GRANTED. CRC 2.550(d); 2.551. Plaintiffs seek an order sealing the confidential versions of the documents listed below, which were filed/lodged with the Court on Feb. 14, 2023 and...

Excerpt: ...he Court's January 11, 2023 Order compelling Plaintiff to serve responses to Defendant's Form Interrogatories, Set One, Special Interrogatories, Set One and Request for Production of Documents, Set One, as well as Plaintiff's failure to submit any Case Management Statements ahead of scheduled case management conferences. According to the declaration of Defendant's counsel, "Plaintiff has not served verified discovery responses pursuant to the Cou...

Excerpt: ... order. Plaintiff's Request for Judicial Notice is GRANTED. Plaintiff's Complaint alleges, inter alia, Defendants committed financial elder abuse and breached their duties as fiduciaries when they pressured her into selling her house without attempting to solicit bids from other buyers via a multiple listing service ("MLS"). Here, Defendants demur to each of the two causes of action in the Complaint pursuant to Code of Civil Procedure section 430...

Excerpt: ...ARTIES ARE TO APPEAR. The Stipulation provides that if Defendant Rene Michelle Costas ("Defendant") fails to make a payment, Plaintiff shall give written notice to Defendant and Defendant shall be allowed an additional 10 days from the date of the written notice to cure the default. (Mahfouz Decl., Exh. A, Stipulation 11.) Defendant is to provide written notice of any address change, or else the address in the Stipulation remains valid for Notces...

Excerpt: ...ainst the Property, Attempting to sell or dispose of the Property, Modifying the Property including purporting to 'improve' the Property, and Taking any further funds from the 536 Laidley Street Partnership Bank account." (Notice of Motion at 2:3-9.) However, the Court grants a preliminary injunction against Defendant Abel's accepting any offer to purchase the property at a price to which a majority of the partners does not agree. Defendant Abel,...

Excerpt: ...e of Civ. Proc. S 430.10(e). The Slome Decl. ISO Defendant's Demurrer indicates that counsel exchanged written correspondence in efforts to meet and confer. Slome Decl., 92. This does not satisfy the requirements Cal. Code of Civ. Proc. 5430.41(a) to meet and confer in person or by telephone. The Court, in its discretion, has reached the merits of the Demurrer. This action arises out of alleged elder abuse and breach of fiduciary duty related to ...

Excerpt: ... April 11, 2021 labor and materials contract (the “Contract”) between Plaintiff, who sued as Envirobuilt Construction (Ali Ebadar), presumable meaning Ali Ebadar individually and dba Envirobuilt Construction, and Defendants Mia Rusali and Dedy Rusali. Defendants assert that Plaintiff initiated this action in retaliation for their May 28, 2021 Complaint Form filed with the Contractors State License Board (“CSLB”) regarding issues with Plai...

Excerpt: ...ga Taape, Jr. filed this action against Defendant Rosemary Henson for alleged injuries he sustained while visiting property owned by Defendant in February 2020. Plaintiff's Complaint seeks recovery for injuries sustained during the alleged incident. Defendant cross- complained against Cross-Defendant The Broadmoor SF, alleging a cause of action for indemnity and equitable contribution for injuries Plaintiff subsequently sustained while he was a t...

Excerpt: ...ary Judgment (MSJ), filed 12-8-22, is DENIED. (Code Civ. Proc. Sect. 437c). Continental's alternative Motion for Summary Adjudication (MSA) is GRANTED-IN-PART and DENIED-IN-PART, as set forth below. Preliminary comment regarding filed evidence. Both parties have submitted a large volume of documents/evidence, much of which is not cited with particularity (i.e., by page and line number) in the parties' papers. Much of the evidence is not reference...

Excerpt: ...ct Their Home is GRANTED. Any inspection by Defendants or Cross-defendant of the property located at 515 Summit Springs Road in Woodside, San Mateo County, California will be limited to exclude any inspection of the interior of the residential structure located on the property. Upon the motion of any person and a showing of good cause, a court is authorized to enter an order requiring an “inspection…be made only on specified terms and conditi...

Excerpt: ...layman's terms, the ‘barriers' that denied him full and equal access.” MPA, p.8. The Court agrees with Defendant. Plaintiff alleges that he “observed or encountered the following non-compliant conditions: There was not enough knee or toe clearance under the outdoor dining surfaces,” in violation of ADA Standard for Accessible Design, § 306. Complaint, ¶ 11. Plaintiff's assertion that he “observed or encountered” the condition, howev...

Excerpt: ...Cross-Complaint fail because Cross-Complainant admits that Plaintiff Juan Cid (“Plaintiff”) was Cross-Defendant's employee. (See Cross-Defendant's Request for Judicial Notice, Exh. A, Cross-Complainant's Case Management Conference Statement.) However, while the Court may take judicial notice of court records and GRANTS Cross-Defendant's request as to Exhibits A-C, it may not take judicial notice of the truth of the matters asserted in Cross-C...

Excerpt: ...and confer in person or by telephone due to delays caused by injuries to Plaintiff's counsel. The Court, in its discretion, has opted to reach the merits of the Demurrer. Basis for Defense on Face of Pleading Defendant argues that Plaintiff's statements in Plaintiff's March 2, 2021 letter, attached as Exh. B to the First Amended Complaint, that his Senior Inspector position was temporary, create a bar to recovery because they contradict the alleg...

Excerpt: ...aint, filed by Cross-defendants U.S. Bank and Viva Capital 3, is sustained with leave to amend. For purposes the statute of limitations, California law applies. The applicable statute of limitations is one year. A. Statute of Limitations 1. The Court Should Apply the California Statute of Limitations. In general, whether a claim is barred by a statute of limitations “is a procedural matter governed by the law of the forum, regardless of where t...

Excerpt: ...n Rogue (“vehicle”) that came with express warranties by Defendant. (See Defendant's Request for Judicial Notice, Exh. 1.) Plaintiff filed this action on September 7, 2021 claiming that the vehicle was delivered with serious defects and nonconformities to warranty, and that Defendant was unable to repair it and also failed to promptly replace the vehicle or make restitution. (Ibid.) The Complaint alleges three causes of action for violations ...

Excerpt: ...native Motion for Summary Adjudication is also DENIED as to each of the five issues set forth in Woodland's 11-10-22 Notice of Motion. In denying this Motion, the Court offers no opinion as to the ultimate merit of the two claims (negligence and breach of warranty) asserted against Woodland. The Court merely finds, based on the evidence presented here, that these two claims cannot be resolved via summary judgment/adjudication. Legal standard on s...

Excerpt: ...on, and $4,108.43 in costs for a total of $53,675.43 pursuant to Cal. Civil Code § 1794(d) and the parties' settlement agreement. Plaintiff's Request for Judicial Notice is GRANTED pursuant to Cal. Evidence Code §452(d). Defendant's Opposition was due to be filed by January 30, 2023, nine court days prior to the hearing on this Motion. The Opposition was untimely filed on January 31, 2023. The Court, in its discretion, has considered the late-f...

Excerpt: ...t (“FAC”) is SUSTAINED WITH LEAVE TO AMEND. Plaintiffs shall file a Second Amended Complaint no later than ten (10) days after service of written notice of entry of this order and the order on the concurrent motion to strike. Legal Standard on Demurrer A defendant may demur to a cause of action in a complaint on the grounds that, inter alia, the pleading does not state facts sufficient to constitute a cause of action, the pleading is uncertai...