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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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...