Excerpt: ...ries, request for admissions, request for production of documents, and form interrogatory 17.1. DFS GREEN argues that the discovery requests exceed the scope of permissible discovery because they exceed the limitations of GALICHA's PAGA Notice and partially pertain to claims outside of the one‐year limitations period that applies to GALICHA's personal claims. The arguments are unpersuasive. 1. The Statute of Limitations Does not Preclude Discov...

Excerpt: ...e Defendant ARE's 11‐3‐22 Request for Judicial Notice (Lease) is GRANTED, to the extent stated below. Evid. Code Sect. 452(d), (h). Incelldx's Opposition brief argues that as Plaintiff, Incelldx was not obligated to attached the Lease to the Complaint in order to state a cause of action for breach of contract. True or not, that is a separate issue from whether Defendant may properly seek judicial notice of the Lease to support its Demurrer. H...

Excerpt: ... and Second Cause of Action for Negligent Misrepresentation is OVERRULED on the ground that these claims are preempted by the Railway Labor Act (“RLA”) because they arise under or require interpretation of the collective bargaining agreement (“CBA”) between United and Defendant Association of Flight Attendants‐CWA, AFL‐CIO (“AFA”). The Court previously overruled United's Demurrer on this same ground as to the First Amended Complai...

Excerpt: ...3rd COA for Fraud or Non‐Disclosure; 4th COA for Fraud – Intentional Misrepresentation; 5th COA for Fraud – Negligent Misrepresentation As in the case of Defendant Snowflake's Demurrer, these fraud causes of action do not state a claim for relief. Taking Plaintiff's allegations as true that Defendants had decided to hold an IPO, knew that the IPO would increase the price per share, and withheld the information from Plaintiff in order to ind...

Excerpt: ...s of fraudulent concealment with sufficient specificity and therefore may not recover punitive damages. According to Defendant, “As outlined in AHM's demurrer (filed concurrently with this motion to strike), the fraudulent concealment claim is barred for a myriad of reasons, including that AHM did not owe a duty of disclosure as a matter of law and the claim is barred by the Economic Loss Doctrine.” MPA, p.3. Defendant asserts that “Because...

Excerpt: ... defective because none of the supporting medical/hospital records or the depositions transcripts is properly cited. Dr. Kao's Separate Statement, and the 10‐21‐22 Declaration of Dr. Marcus, both repeatedly cite to decedent's medical records, and to portions of deposition transcripts. (See Exhibits to the 10‐21‐22 Kanter Declaration). But none of the medical records or transcripts is properly cited. Code Civ. Proc. Sect. 437c(b)(1) (the S...

Excerpt: ...ction for fraudulent concealment on the grounds that Defendant did not have a duty to disclose material facts relating to the alleged sensing defect. According to Defendant, it did not have a duty of disclosure because it did not have exclusive knowledge of the alleged defect and because there was no direct transaction between the parties. A failure to disclose can constitute actionable fraud in four circumstances: (1) when the defendant is in a ...

Excerpt: ...e First Cause of Action for Intentional Misrepresentation, Second Cause of Action for Negligent Misrepresentation, Third Cause of Action for Interference with Economic Advantage and Opportunity, and Fourth Cause of Action for Intentional Interference with Contractual Relationship is OVERRULED on the ground that the collective bargaining agreement (“CBA”) between Defendant and United Airlines, Inc. (“United”) governs these claims such that...

Excerpt: ... 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 allegations that Plaintif...

Excerpt: ... 2022 on the grounds of excusable neglect under CCP § 473(b). According to Mr. Bulaya, who is doing business as KJ Millworks, he did not file a timely response to the Complaint “due to the fact that he was unfamiliar with the United States legal system and he was also in an emotional state which was affected by the recent death of his father‐in‐law.” MPA, p.4. Defendants' motion is procedurally defective. Defendants have not attached a p...

Excerpt: ...ts' 10‐17‐22 Demurrer to Plaintiff Samantha Ai's 8‐30‐ 22 Complaint is SUSTAINED‐IN‐PART and OVERRULED‐IN‐PART, as set forth below. The Demurrer to the Second Cause of Action (breach of contract) is SUSTAINED with leave to amend, for the following reasons. First, the Complaint does not allege/identify whether Plaintiff's alleged 2017 contract with Shoreline Education, Inc. was oral or written. See Code Civ. Proc. Sect. 430.10(g). ...

Excerpt: ...Allegations re Antitrust Plaintiff seeks to strike the portions of Defendant's FACC alleging that Defendant engaged in antitrust activity on the grounds that Defendant has not asserted an antitrust claim. Defendant responds that “The details of the alleged or believed antitrust constitute the factual pleading elements of her claims under the first, and second causes of action.” Opp., p.4. While Defendant has not alleged an antitrust claim, De...

Excerpt: ...reasons set forth below. 1st COA – Whistleblower Retaliation Plaintiff contends that Defendant cannot establish a claim for whistleblower retaliation in violation of Labor Code § 1102.5 because Defendant fails to allege facts establishing that she was subjected to an “adverse employment action.” In response, Defendant points to the allegation, at Paragraph 110 of the FACC, that “her prospective deals were not approved, she was denied the...

Excerpt: ...rther Responses to Requests for Production of Document is DENIED AS MOOT and the Request for Sanctions GRANTED. By this Motion, Plaintiff Banc of America Leasing & Capital, LLC (“BALC”) sought to compel the further responses of Defendant and Cross‐ Complainant St Giab Inc. (“SG”) to a set of requests for production propounded by BALC on December 8, 2021. After the Motion was filed, SG served verified amended responses along with a privi...

Excerpt: ... not party to an arbitration agreement between purchaser and Dealer, when the Dealer brings a motion to compel arbitration. The Felisilda case does not, however, address the primary issue, which is whether the nonparty automobile manufacturer itself (rather than the Dealer) may bring a motion to compel arbitration. Ford cannot bring this motion. In Felisilda, the auto Dealer moved to compel arbitration. The court granted the motion, including the...

Excerpt: ...(b); Grappo v. Coventry Financial Corp. (1991) 235 Cal.App.3d 496, 504. The moving parties seek a court order bifurcating and ordering separate trials of the Second Amended Complaint (SAC) and the Second Amended Cross‐Complaint (SACC). Having reviewed the parties' briefing and exercising its discretion, the Court declines to do so, for the reasons stated below. First, this is not a case in which, if bifurcation were ordered, the first trial wou...

Excerpt: ...hments referenced therein. The Court, on its own Motion, takes judicial notice of the pleadings filed in this action, including the attachments to Plaintiff's verified Complaint, the Dutra Decl. filed October 6, 2022 in support of Plaintiff's prior Motion to Compel, including its attachments, and this Court's November 10, 2022 Order, pursuant to Cal. Evidence Code § 452(d). Plaintiff's Complaint alleges three causes of action (COA), all for fail...

Excerpt: ...(FAC), filed 8‐29‐22, is DENIED. Code Civ. Proc. Sect. 435; 436. Cirrus' failure to meet and confer. Code Civ. Proc. Sect. 435.5 required that Cirrus, prior to filing this Motion, discuss the substance of the Motion with Plaintiffs, either in‐person or by telephone, in an effort to resolve the dispute without the need for court intervention. The 8‐ 29‐22 declaration of Cirrus' counsel Patrick Bradley does not state how the parties met a...

Excerpt: ...ims raised in the Complaint. This action is STAYED pending resolution of the arbitration proceedings. In this Private Attorneys General Act (“PAGA”) action, Plaintiff asserts a single cause of action seeking civil penalties against Defendants for alleged violations of the Labor Code with respect to himself and to other workers. Defendants seek to compel a portion of this action to arbitration, pursuant to an arbitration agreement contained in...

Excerpt: ... and found Defendant to be the prevailing party. (Defendant's Request for Judicial Notice, Exh. 4.) In any action on a contract where the contract provides for an award of attorney's fees and costs, the prevailing party shall be entitled to reasonable attorney's fees. (Civil Code § 1717(a).) Defendant establishes that it is entitled to recover reasonable attorney's fees as the prevailing party in this action pursuant to Civil Code section 1717. ...

Excerpt: ...ds even if statutory relief is unavailable.” (Luxury Asset Lending, LLC v. Philadelphia Television Network, Inc. (2020) 56 Cal.App.5th 894, 910, reh'g denied (Nov. 24, 2020), review denied (Feb. 10, 2021), quoting Rappleyea v. Campbell (1994) 8 Cal.4th 975 [quotation marks, brackets, and ellipses omitted].) “One ground for equitable relief is extrinsic mistake—a term broadly applied when circumstances extrinsic to the litigation have unfair...

Excerpt: ... this in her MP&A, where she requests a new trial at 3:12, and in her proposed order which requests a new trial rather than proposing a change to an order. Defendant's Notice of Motion provides notice only of a request pursuant to §1008 and not a request for a new trial. However, courts may interpret a motion bearing one label as a different type of motion, including in the case of a motion for reconsideration being construed as a motion for a n...

Excerpt: ... PORTFOLIO SERVICING, INC. TENTATIVE RULING: Defendants' Demurrer to Plaintiff's Complaint is SUSTAINED as to each Cause of Action (“COA”) with leave to amend pursuant to Cal. Code of Civ. Proc. § 430.30(e). 1st COA – Negligence Plaintiff alleges that “On or around the year, 2007, Plaintiff via Elizabeth B. Shoaga, was approved and accepted to purchase the same property subject to the existing loan or liens or the alternative pursue a �...

Excerpt: ...IE WONG. Plaintiff properly served Defendants B. CLAIRMONT, M. CLAIRMONT, and DENISE RUBEY by electronic service, pursuant to Code of Civil Procedure section 1010.6(e).) Each of these defendants is represented by counsel, and Plaintiff's counsel confirmed the validity of their respective attorneys' email addresses. Defendant YANNIE WONG is self‐represented. Section 1010.6 is silent on the subject of e‐service on unrepresented parties, other t...

Excerpt: ...tion is DENIED. Defendants seek to compel a portion of this PAGA action to arbitration, pursuant to the an arbitration agreement set forth in Field Nation, LLC's “Provider Terms and Conditions.” Agreements to arbitrate are valid, irrevocable, and enforceable. (9 U.S.C. § 2.) And, when litigating parties have agreed to arbitrate a dispute, either party may petition for an order compelling the dispute to arbitration and staying judicial procee...

Excerpt: ...ndant seeks to tax various costs identified in Plaintiff's memorandum of costs. If items on their face appear to be proper charges, the verified memorandum of costs is prima facie evidence of their propriety, and the burden is on the party seeking to tax costs to show they were not reasonable or necessary. Citing Ladas v. California State Auto. Assn. (1993) 19 Cal.App.4th 761, 774‐776, Defendant notes that “Items that are properly objected to...

Excerpt: ...the arbitration fee provision is enforceable is immaterial because nothing in the arbitration clause suggests that attorney's fees are recoverable by either party in a civil action. The provision states, “Any arbitration award” shall include an award of reasonable attorney's fees and costs to the prevailing party. It is silent on whether fees are recoverable in a civil action. The arbitration provision has nothing to do with entitlement to at...

Excerpt: ...ty or Second Cause of Action for Negligence pursuant to Cal. Code of Civ. Proc. § 437c(p). Plaintiff's Request for Judicial Notice is GRANTED pursuant to Cal. Evidence Code §452(a), (b). Defendant's Objections Nos. 2 and 3 to the Wong Decl., ¶6, and Rencher Decl., ¶9, respectively, each relating to Exh. E in Defendant's Compendium of Evidence are SUSTAINED. Defendant's remaining objections are OVERRULED. Plaintiff's objections presented only ...

Excerpt: ...iciently alleges facts to support a declaratory relief claim in that an actual controversy exists CrossDefendant and Cross‐Complainant Carl Steinke over how to distribute the proceeds from the sale of the property that are currently being held in escrow. (See C.C.P. § 1060; see also Cross‐Complaint ¶ 9.) Cross‐Defendant further has not established that this declaratory relief claim fails because the rescission claim would fully resolve th...

Excerpt: ...ichael Szelenyi and Jeffrey Wallace's 6‐21‐22 Demurrer to Cross‐ Complainants Andrew Oldham, Jennifer Siem, and Revis, Inc.'s 5‐25‐22 Second Amended Cross‐Complaint (SACC), is SUSTAINED WITH LEAVE TO AMEND as to all asserted claims. Standing/Assertion of Derivative Suit Cross‐Defendants Szelenyi and Jeffrey Wallace argue Cross‐Complainants Oldham and Siem lack “standing” to assert the SACC as a derivative lawsuit, and they dem...

Excerpt: ... complaint does not state facts sufficient to constitute a cause of action or is uncertain, inter alia. (Id., at § 430.10, subds. (e)–(f).) Defects in the notice to quit are properly challenged on demurrer. (See Borsuk v. Appellate Div. of Superior Court (2015) 242 Cal.App.4th 607, 617, fn. 7.) Here, Defendants have demurred to the Complaint on the grounds that the notice of termination of the tenancy (the “Notice”) attached to the Complai...

Excerpt: ... of the Unruh Civil Rights Act (“Unruh Act”). Any violation of the Americans with Disabilities Act (“ADA”) is a per se violation of the Unruh Civil Rights Act. (See Complaint ¶ 35; see also Civil Code § 51(f).) Plaintiff alleges that the hotel's website fails to comply with the ADA under 28 C.F.R. section 36.302(e)(1)(ii) (“Reservations Rule”), and therefore violates the Unruh Act. Defendants assert that the Complaint fails to state...

Excerpt: ...ike was moot in light of those rulings. On August 5, 2022, the Court found that Plaintiff did not timely contest the tentative ruling or notify Defendants of his intention to contest due to Plaintiff's counsel's claimed confusion regarding the hearing date for Defendants' Demurrers and Motion to Strike, but that the parties nevertheless appeared at the hearing. Following that hearing, the Court continued the hearing on the demurrers and motion to...

Excerpt: ... Abrego, a Section 8 tenant, both (a) failed to pay his portion of the monthly rent (95% of which is being paid by the San Mateo County Housing Authority) for April and May 2022, and (b) permitted, in violation of the Lease, three unauthorized persons to live in the property. In the two months preceding the July 6, 2022 service of the Summons & Complaint, Defendant Abrego was served with four separate Notices from Plaintiff/landlord, stating that...

Excerpt: ...ake Health Care Center (2018) 6 Cal.5th 474, 482, 483. Here, Defendant's demurrer is based in part on the argument that Plaintiff's Complaint does not include a “[t]he requisite documents in order to establish a foundation for the ownership of the subject property.” Opp. 3:5‐7. To the extent this argument is based on more than whether the landlord acquired the property at a regularly conducted sale and thereafter duly perfected its title, i...

Excerpt: ...le statutes of limitations, barred for failure to plead exhaustion of administrative remedies in compliance with the Government Claims Act, and barred by prosecutorial immunity. Defendant is correct as to each point, and Plaintiff has not demonstrated a reasonable probability that his Complaint can be successfully amended. Statute of Limitations Plaintiff's Complaint alleges acts or omissions causing damage to Plaintiff on February 8, 2016, more ...

Excerpt: ...sserted in Case No. 17CIV03349, for unpaid legal fees. Plaintiff alleges that Defendant agreed to submit three separate payments of $25,000, with the final payment to be made “from the settlement or judgment proceeds received by Syed Ali Husain from the resolution of a separate action captioned Husain v Wasau Business Insurance Company, et al., Los Angeles County Superior Court, Case no. BC691736, in which Syed Ali Hussain and his wife, Khurshe...

Excerpt: ... in connection with the anti‐SLAPP motion (including a related motion for fees and costs), not those incurred in other aspects of the action.” (Tukes v. Richard (2022) 81 Cal.App.5th 1, 6.) “[B]ecause the anti‐SLAPP provisions refer to attorney fees and costs without indicating any restrictions on how they are to be calculated, we accordingly presume that the Legislature intended courts use the prevailing lodestar adjustment method.” (K...

Excerpt: ...EE”) TENTATIVE RULING: The Petition of Honeybee Foods Corporation/Red Ribbon Bakeshop Inc./Tokyo Teriyaki Corporation (“Jollibee”) for an Order to Release Property from Claim of Lien is DROPPED as MOOT. Respondent All Pro Services dba 1‐ 877‐DUMP‐PRO (“Respondent”) demonstrates that Releases of the Mechanic's Liens were recorded in May 2022. (Mattuch Decl. ¶ 2, and Exh. B.) Jollibee's request for $4,567.50 in attorney's fees is D...

Excerpt: ...SBs) and NHTSA complaints regarding the allegedly defective transmission, including those relating to Honda Odysseys. According to Defendant, “This case has nothing to do with Honda Odysseys, nothing to do with prior Honda Pilot models, and indeed nothing to do with any vehicles other than the Subject Vehicle.” MPA, p.2. However, as set forth in the analysis of Defendant's demurrer, Plaintiff alleges that “These defective transmissions were...

Excerpt: ...ition relies on 17 exhibits, comprising 140 pages. Of that evidence, 120 pages (15 exhibits) are redacted in their entirety. The unredacted evidence is merely lodged under seal, but not filed. Similarly, Plaintiff's Opposing Separate Statement is lodged under seal, but not filed. The parties stipulated to a Protective Order, which requires that when filing any documents designated as “CONFIDENTIAL,” “the filing party shall follow the proced...

Excerpt: ...”) and Laurel Elementary School's (“School”) unopposed Demurrer to the First and Second Causes of Action (“COA's”) in Plaintiff's Second Amended Complaint is SUSTAINED without leave to amend pursuant to Cal. Code of Civ. Proc. § 430.10(e). First COA for Negligent Supervision The requisite duty of care that the School and District owed to Plaintiff was to protect from foreseeable injury at the hands of third parties. C.A. v. William S. ...

Excerpt: ...nnot assert claims for breach of express and implied warranties under the Song‐Beverly Act because the Act does not apply to used vehicles, even where the applicable manufacturer's warranties have not expired. Defendant relies on the recent decision in Rodriguez v. FCA US, LLC (2022) 77 Cal.App.5th 209, 219–221. In that case, the court held that vehicles with a remaining balance on the original warranty do not meet the Act's definition of a �...

Excerpt: ... that Defendant had an intent to defraud Plaintiff, a necessary element for both causes of action. According to Defendant, “Weiss has no evidence that Gupta had any intent to defraud her beyond his failure to deliver on his alleged promises.” MPA, p.5. Defendant also notes that he “sent an email to his superior, the Chief Executive Officer, requesting permission to hire Weiss, which negates any argument he never intended to hire Weiss.” I...

Excerpt: ...pursuant to Cal. Code of Civ. Proc. § 437c(p). Defendant's Objections to paragraphs 10 and 11 of the Moore Decl. are SUSTAINED. The remaining objections are OVERRULED. Cal. Code of Civ. Proc. § 437c(b)(1) provides that an MSJ “shall be supported by affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken.” A defendant has met his or her burden of showing that a...

Excerpt: ...RULED on the ground that the Court has no jurisdiction over these claims. United contends that these claims are preempted by the Railway Labor Act (“RLA”) because there is a collective bargaining agreement (“CBA”) between United and Defendant Association of Flight Attendants‐CWA, AFL‐CIO (“Union”) that governs these claims. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack, or fr...

Excerpt: ..., is GRANTED‐IN‐PART and DENIED‐IN‐PART, for the reasons stated below. Background. Petitioner Husain is a former BPPD police officer. The Second Cause of Action in Petitioner's 9‐30‐21 Amended Petition alleges that Respondent BPPD violated provisions of the Brown Act by improperly holding “closed session meetings” to discuss and decide disciplinary actions against officers (alleged “whistleblowers”) who challenged/raised conce...

Excerpt: ...er responses (Interrogatories) And rules as follows: As for request for documents: A. Privilege Log Required As to: OBG: 4, 5 Siem 4, 5, 24, 31, 32, 35 reVIS 6, 8, 9, 18 Andrew Oldham 4, 24, 35: The motion is granted in part, denied in part. All defendants state that they will produce all nonprivileged documents, implying that privileged documents will not be produced. Therefore, Defendants must supply a privilege log. (Code of Civ. Proc. § 2031...

Excerpt: ...s (“Plaintiff”) Complaint. The Complaint alleges that Plaintiff purchased a vehicle from Hyundai Burlingame (“dealership”), and that the purchase of the vehicle came with a warranty by Defendant that was breached in violation of the Act. (See Defendant's Request for Judicial Notice, Exh. 1.) Defendant contends in this Motion that the Retail Installment Sale Contract (“RISC”) between Plaintiff and the dealership contains an arbitration...

Excerpt: ...lleged loss. Plaintiff's demurrer, however, fails for several reasons. First, Plaintiff has not established that Plaintiff's counsel met and conferred in good faith. Plaintiff's counsel's declaration contains no specific information about counsel's meet and confer efforts. Second, Plaintiff's notice of motion does not identify the grounds on which the demurrer is made, in violation of CCP § 1010 and CRC § 3.1110(a). Third, Plaintiff's demurrer ...

Excerpt: ...f Action for Intentional Misrepresentation, Second Cause of Action for Negligent Misrepresentation and Third Cause of Action for Interference with Economic Advantage and Opportunity is OVERRULED. Defendant raises several arguments as to why these causes of action fail, all of which rely on Defendant's contention that there is a collective bargaining agreement (“CBA”) between Defendant and United Airlines, Inc. (“United”) such that these c...

Excerpt: ...nauthorized access to his account and theft of his personal identifying information. Plaintiff does not dispute that he and Robinhood entered a binding arbitration agreement, or that Robinhood has demanded arbitration of Plaintiff's claims. Rather, Plaintiff contends that his claims do not fall within the scope of the arbitration agreement. According to Plaintiff, his claims “involve Robinhood's security of its consumer's accounts and Robinhood...

Excerpt: ...r California law because it is based on the trivial defect doctrine. However, there appears to be a split of authority as to whether the trivial defect doctrine is an aspect of the duty of care or an affirmative defense. (See Kasparian v. AvalonBay Communities, Inc. (2007) 156 Cal.App.4th 11; cf. Ursino v. Big Boy Rests. (1987) 192 Cal.App.3d 394.) As such, Plaintiff has not established that Defendants may not assert the trivial defect doctrine a...

Excerpt: ...tten contract without either attaching the written contract or alleging its material terms. See Otworth v. S. Pac. Transportation Co. (1985) 166 Cal.App.3d 452, 459 (where breach of written contract is alleged, the agreement must either be attached and incorporated by reference, or its material terms must be set forth in the pleading); Harris v. Rudin, Richman & Appel (1999) 74 Cal.App.4th 299, 307 (same). Here, the Complaint alleges the parties ...

Excerpt: ...nts that they are willing to participate in ADR and are agreeable to the same ADR procedure. If so, the court may order the case referred to the court's ADR Analyst. Local Rule 3.904 further states that if a case is at issue and all counsel and self‐represented parties have indicated in their CMC statements that they are willing to participate in ADR and willing to proceed to the same ADR process, the case will be referred to the ADR department...

Excerpt: ...quests is DENIED for the reasons set forth below. At the IDC held in this matter on February 24, 2022, the parties agreed that Defendant would serve unverified responses to Plaintiffs' discovery requests, and make an application for appointment of a GAL by March 18. The parties also agreed that Defendant would serve verifications within two weeks following the appointment of the GAL. Defendant provided supplemental unverified responses to the dis...

Excerpt: ...he same rental unit, the same defendant, and same habitability issues, indicating there are similar issues of fact,” and that both matters will involve the same expert and lay witnesses. MPA, p.3‐ 4. Plaintiffs contend that, as a result, consolidation would conserve judicial resources and reduce unnecessary costs for the parties. Although the cases involve the same rental unit, the cases involve different parties and allege different events t...

Excerpt: ...25.450; 2023.030(a). The motion to compel defendant Fernandez's deposition is GRANTED. Without discounting whatever health issues defendant may be facing, defendant has not provided sufficient evidence establishing that he is unable to sit for a deposition. This case is 1½ years old. The right to depose an adverse party is a basic discovery right. The need for a translator is irrelevant; one can be provided. Breaks can be taken, if needed. Plain...

Excerpt: ...; RAHIM AMIDHOZOUR, AN INDIVIDUAL; AMIDI, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY TENTATIVE RULING: Defendants' motion to compel compliance with subpoena to Law Office of Camelia Mahmoudi is granted as to Document Categories (j) and (k). The motion is denied as to all other categories, without prejudice to propounding a more specific subpoena. A. Objections to a Subpoena Do not Require a Privilege Log. The Code of Civil Procedure contains no ...

Excerpt: ... when Defendant “received” the invoice at issue. Defendant's objections to paragraphs 3, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, and 17, and Exhibit F and J are overruled. Defendant's objection to Plaintiff's Request for Judicial Notice of an Order from a Santa Clara County Superior Court in Murrain v. Tesla, No. 18CV 334861 is sustained. The Court notes, however, that its ruling on this motion would be unaffected if the challenged evidence were o...

Excerpt: ...ependent claim in California for unjust enrichment. Unjust enrichment is synonymous with restitution. Levine v. Blue Shield of Calif. (2010) 189 C.A.4th 1117, 1138. The Demurrer is therefore SUSTAINED with leave to amend as to the eighth cause of action for unjust enrichment. Fraud Defendant argues that fraud is not pleaded with sufficient specificity because “Completely absent from the allegations are any affirmative statements made by Defenda...

Excerpt: ...., Plaintiff's Statement of Additional Disputed Facts (“PF”), Nos. 20, 36‐38, 59, 62, 65‐66, 83‐91, 98. Summary judgment standard. A motion for summary judgment shall be granted if all the papers submitted show there is no triable issue as to any material fact and the moving party is entitled to judgment as a matter of law. Code Civ. Proc. Sect. 437c(c). A defendant has met its burden of showing that a cause of action has no merit if th...

Excerpt: ...Orders Determining Claims of Exemption and Order to Liquidate Securities, is DENIED. Plaintiff fails to establish that the Renewed Judgment is void. Plaintiff contends that the Renewed Judgment entered on August 18, 2021 is void because it was not entered within ten years of the Judgment. Plaintiff claims Judgment was entered on August 12, 2011. As support, Plaintiff relies on a comment entered in the Court's docket on August 12, 2011 that judgme...

Excerpt: ...ories (General), Form Interrogatories (Employment), and Special Interrogatories, filed 1‐27‐22, which includes a request for monetary sanctions against Plaintiff and Plaintiff's counsel, is GRANTED‐IN‐PART and DENIED‐IN‐PART, as set forth below. Defendant's requests for monetary sanctions is DENIED. Local Rule 3.700(f) states: Tolling of Deadline to File Motion. Pursuant to [CCP] 2016.080(c)(2), the time for bringing any motion to com...

Excerpt: ...were survivors of persons who were killed in Israel by members of Hamas. The plaintiffs alleged that Facebook was liable for “giving Hamas a forum with which to communicate and for actively bringing Hamas' message to interested parties.” Like Plaintiff Forrest, the plaintiffs in Force alleged that Facebook “does not act as a publisher,” because “it uses algorithms to suggest content to users, resulting in ‘matchmaking.'” The Court o...

Excerpt: ... 2023.030 BY DEFENDANTS HAYLEY ZEMEL AND ERIK VAN WALDEN TENTATIVE RULING: Defendants' unopposed motion to compel further responses to form interrogatories, special interrogatories, requests for admission, and requests for production is GRANTED, in part, and DENIED, in part, for the reasons set forth below. Defendants' motion to compel Plaintiff's attendance at an oral deposition is DENIED without prejudice to Defendants' ability to re‐notice P...

Excerpt: ...'s Second Amended Complaint on the grounds that Plaintiff has “padded the complaint with a meritless tort claim and an unjust enrichment claim based on Defendant's counsel's communications.” MPA, p.2. Defendant notes that, “From the date of October 26, 2020 forward, the [parties'] attorneys communicated exchanging their relative positions and settlement positions as to the disputed Employment Agreement and enforceability of the document and...

Excerpt: ...R REVOCABLE TRUST DATED JUNE 12, 2014 TENTATIVE RULING: Plaintiff's Motion to Compel Further Responses to Special Interrogatories is GRANTED in part pursuant to Cal. Code of Civ. Proc. § 2030.300(a). Defendants Saeed Amidi and Rahim Amidhozour are hereby ordered to produce further written, verified responses, without objections, to Special Interrogatories (Set One) number 16. Defendant Amidi, LLC is hereby ordered to produce further, written, ve...

Excerpt: ... 8.54(c) (“A failure to oppose a motion may be deemed a consent to the granting of the motion.”). With the possible exception of the Seventh Cause of Action (alleging fraud), all asserted claims (the First Cause of Action (professional negligence), the Second Cause of Action (negligence); the Third Cause of Action (breach of fiduciary duty), the Fourth Cause of Action (conversion), the Fifth Cause of Action (IIED), the Sixth Cause of Action (...

Excerpt: ...ties on July 24, 2011 and modified October 3, 2018 to include binding arbitration of any dispute. Browning Decl., ¶6, Exh. E. The Findings and Award indicate that Respondent was properly served with the Demand to Appear at Mediation and Arbitration, Notice of Demand for Arbitration, Notice to Attend Hearing, and Claimant's Arbitration Brief. Id., at item 9. It also indicates that Respondent is liable for and shall pay to Claimant compensatory da...

Excerpt: ...on Subpoenas For Financial Records Of Plaintiff; Request For Monetary Sanctions Against Mercedes-Benz Financial Services USA LLC And Its Attorney Jointly And Severally In The Amount Of $3640.00. Pro Tem Judge James Fleming, 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 s...

Excerpt: ... Plaintiffs reached out to Cirrus to schedule the PMQ depositions at issue on October 22 and October 29, 2021. Smith Decl., ¶ 2. Plaintiffs received no response. Id. On January 12‐13, 2022, Plaintiffs served notices for the Zoom video conference depositions of Cirrus's PMQs to take place on dates between January 31 and February 21, 2022. Id., ¶ 3. Cirrus responded that, because it was preparing for a four‐week trial beginning on February 15...

Excerpt: ...fifth, ninth, and tenth affirmative defenses is overruled. Each defense (unclean hands, waiver/estoppel, equities, respectively) allege that “Plaintiff's unauthorized draws from reVIS' corporate account contributed and/or caused considerable debt to the company leading to its demise and the damages that Plaintiff alleges reVIS has sustained.” (First Am. Ans. at 3 & 4.) Each of these defenses alleges that someone other than Defendants (i. e., ...

Excerpt: ...and D, and as to the record of official legislative acts contained therein pursuant to Cal. Evidence Code § 452(c), but not as to the truth of hearsay statements contained in the documents or their legal interpretations. See, e.g., Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113; StorMedia, Inc. v. Superior Court (1999) 20 Cal.4th 449, 457. Respondents' Demurrer to the First Cause of Action in Petitioner's Amended V...

Excerpt: ...Ex. A). Defendants' request for judicial notice is denied as to all other matters, as they are not material to the Court's ruling on the demurrer. The FAC and the Permit Do not Show that Civil Code section 3482 Is a Defense. “Any violation of Title 17 is declared to be a nuisance . . . .” (Muni Code, Title 17, Chapter 17.04.050.) The FAC alleges that the Cabana is within the setback, which is a violation of Title 17. Since Defendants are viol...

Excerpt: ...a Thomas on 1‐4‐22 in San Carlos, Ca. Defendant has not opposed the motion. See CRC 8.54(c) (“A failure to oppose a motion may be deemed a consent to the granting of the motion.”). Defendant's failure to oppose this motion is consistent with her prior conduct. Defendant did not respond to the Complaint, resulting in her default, and entry of the 12‐8‐20 Judgment. Similarly, in recent court proceedings in the State of Hawaii, Defendant...

Excerpt: ...parents in March 2017, and to enjoin Defendant “to cease the nuisance and harassment created by the shining of the high intensity floodlights onto Association property.” MPA, p.6. According to Plaintiff, “The most egregious action that must be enjoined, however, is the installation and intentional shining of high intensity lights onto Association property.” Id., p.7. Plaintiff has supported its motion with the declarations of Randy McManu...

Excerpt: ...t alleges that in February 2021, Defendant published an internet post on GoFundMe (“post”) claiming that Plaintiff Mohamed Sameh Mahmoud (“Plaintiff”) engaged in unlawful conduct against Defendant Daria Vinogradova (“Vinogradova”), who Plaintiff is married to but currently separated. (Complaint ¶¶ 6, 8.) These statements included that Plaintiff took the car keys and left such that Plaintiff could not get to and from work, that Plain...

Excerpt: ...monstrating Defendant Alexander Dominguez entered into a credit card agreement for the account ending in 7959 (see 11‐19‐21 Decl. of Kristofer Kasson; 11‐19‐21 Separate Statement), that Defendant incurred a debt to Plaintiff on the 7959 account of $6,499.66, and that Defendant has not paid the amount due. Code Civ. Proc. Sect. 437c(p)(1). The evidence establishes that Plaintiff performed its obligation(s) under the agreement(s) by paying ...

Excerpt: ...s in the Amended CrossComplaint by Defendant/Cross‐Complainant St. Giab Inc. (“CrossComplainant”), is OVERRULED. Business and Professions Code section 17200 prohibits unfair competition, which includes an unlawful, unfair or fraudulent business act or practice. (See Bus. & Prof. Code § 17200.) “Unfair” under section 17200 has been described as violating established public policy, or “is immoral, unethical, oppressive or unscrupulous ...

Excerpt: ...ng Recovery Act (the “Recovery Act”) at California Code of Civil Procedure § 1179.08 et seq. The Recovery Act applies broadly to any “notice for a residential rental property that demands payment of COVID‐19 recovery period rental debt and that is served pursuant to subdivision (e) of Section 798.56 of the Civil Code or paragraph (2) or (3) of Section 1161.” Code Civ. Proc., § 1179.10(a). The Recovery Act defines “COVID‐19 recover...

Excerpt: ...has not met its burden to show that the Second Cause of Action in the Cross‐Complaint of Putnam Automotive, Inc. and Kent Putnam (collectively, “Putnam”) is completely barred by the applicable statute of limitations. C.C.P. § 437c(p)(2). A. Tennessee's Six‐Year Statute of Limitations Applies to Putnam's Second Cause of Action. Putnam's second cause of action alleges that Nissan based its decision to not pay Putnam $950,000 under the part...

Excerpt: ...et forth below. Plaintiffs have not opposed Defendants' motions. Rather, on January 24, Plaintiffs filed a Second Amended Complaint. The Second Amended Complaint seeks to add causes of action for intentional infliction of emotional distress, unfair business practices, and nuisance. The right to amend under Code Civ. Proc. § 472, however, is limited to the original complaint; there is no right to amend, without leave of court, an amended complain...

Excerpt: ...eover, a failure to file a memorandum of points and authorities constitutes an admission that the motion is not meritorious and cause for its denial. CRC 3.1113(a). Even if the Court construes the one‐page document Plaintiff filed as a memorandum of points and authorities, Plaintiff fails to provide a concise statement of the law, as required by CRC 3.1113(a). Notwithstanding the above, the motion is also denied because Plaintiff fails to meet ...

Excerpt: ... action for violation of Bus. & Prof. Code § 17200 on the grounds that “it is clear that the entire claim rests on Defendant's alleged mishandling of Plaintiff's claim and nothing more.” MPA, p.4. According to Defendant, “the claim involves only private harm which is not actionable.” Id. Defendant further asserts that Plaintiff's cannot state a cause of action because “Plaintiff fails to identify a single other policy or policyholder w...

Excerpt: ...Cause of Action for “fraud and deceit” is OVERRULED. Code Civ. Proc. Sect. 430.10(e). The Court sustained GM's demurrer to this cause of action in the SAC on grounds that, pursuant to the “Economic Loss Rule,” fraud by concealment is not actionable. See 9‐17‐21 Order; citing Robinson Helicopter Co. v. Dana Corp. (2004) 34 Cal.4th 979. As explained in Robinson Helicopter, to assert a fraud claim against GM under these circumstances, Pl...

Excerpt: ...tioners Mustafa Edais and Majeda Edais (“Plaintiffs”), is OVERRULED. Plaintiffs' Verified Petition for Writ of Mandate and Complaint alleges three causes of action concerning Defendants' alleged failure to comply with Plaintiffs' California Public Records Act (“CPRA”) request. The CPRA request seeks all documents received or generated by, or currently in the possession of the San Mateo County Coroner's Office in connection with the death ...

Excerpt: ...ED. Code Civ. Proc. Sect. 431.10(e), (f). Second Cause of Action (Bus. & Prof. Code Sect. 7031) De Bibo's Demurrer to the Second Cause of Action, alleging a violation of Bus. & Prof. Code Sect. 7031, is OVERRULED. De Bibo argues this cause of action, as well as the Fifth and Sixth Causes of Action (alleging fraud/negligent misrepresentation), are time‐ barred on their face. (Mot. at 13‐14). However, Code Civ. Proc. Sect. 430.41(b) prevents De...

Excerpt: ...rate that Code of Civil Procedure section 128.7(b) has been violated. Plaintiff contends that sanctions are warranted because Defendant's Motion to Dismiss was meritless and filed for the purpose of harassing and burdening Plaintiff. However, Defendant moved to dismiss the Complaint after the time for Plaintiff to file a First Amended Complaint expired. The Court recognizes that Plaintiff attempted to file a First Amended Complaint on October 19,...

Excerpt: ...Defendants contend that Plaintiff's first cause of action for harassment fails because Plaintiff cannot establish that she was subjected to severe or pervasive conduct that altered the conditions of her employment, or that the alleged actions of which she complains were based upon her sex, gender, sexual orientation, gender identity, and/or gender expression. According to Defendants, “much of the conduct about which Plaintiff complains cannot b...

Excerpt: ... telephone, for the purpose of determining whether an agreement could be reached to resolve the objections to be raised in the demurrer. In this case, Defendants' counsel's declaration shows that she attempted to meet and confer only by letter. It does not appear that counsel attempted to meet and confer by telephone or in person, as required by C.C.P. § 430.41(a)(3). Additionally The Opposition was served by overnight delivery, which means Defe...

Excerpt: ...Defendant's alleged non‐payment of rent from Nov. 2020 through Sept. 30, 2021. Per Code Civ. Proc. Sects. 1179.02 and 1179.03, unpaid rent for this time period is considered “COVID‐19 rental debt,” which triggers certain requirements in the written Notice. Because UD cases seek lease forfeiture and are summary proceedings, courts strictly construe the statutory procedures that regulate UDs. Civ. Code Sect. 1442; Kwok v. Bergren (1982) 130...

Excerpt: ...laint of Plaintiff Chris Langer (“Plaintiff”) is OVERRULED. Plaintiff alleges two claims for violation of the Unruh Civil Rights Act and Unfair Competition Law based on Defendants' failure to comply with the Americans with Disabilities Act (“ADA”). Defendants assert that the Complaint fails to state facts to support a claim because Bridgepoint Inn's website complies with 28 Code of Federal Regulations section 36.302(e)(1)(ii) (“Reservat...

Excerpt: ...unts based on: (1) an open book, (2) an account stated, and (3) goods sold and delivered. However, Plaintiff's MPA in support of the motion attempts to demonstrate that Plaintiff has established claims for (1) an open book, and (2) an account stated. (MPA, p.5‐7) Accordingly, because Plaintiff has addressed only two of its claims, Plaintiff has not demonstrated it is entitled to summary judgment. Nonetheless, the Court finds that Plaintiff has ...

Excerpt: ...in the property. California law requires the rights of all parties in the subject property be determined before the partition of said property. Summers v. Superior Court, 24 Cal. App. 5th 138, 142‐143 (2018); Bacon v. Wahrhaftig, 97 Cal. App. 599, 603 (1950) (“No partition can be had until the interests of all the parties have been ascertained and settled by a trial.”); see also C.C.P. § 872.620 (“To the extent necessary to grant the rel...

Excerpt: ...nal infliction of emotional distress. In order to state a cause of action for defamation, Plaintiff must allege publication of a false, unprivileged and defamatory statement about him. The statement must be communicated to at least one person other than plaintiff who understands its defamatory meaning and that it refers to plaintiff. Shively v. Bozanich (2003) 31 C4th 1230, 1242. Plaintiff's FAC asserts that “Defendants have made false and defa...

Excerpt: ... the FAC that may rise to the level of oppression or malice is essentially a threat to coerce Plaintiff into settling its claims against Defendant by use of whistleblower claims. FAC, ¶ 59. Such conduct is protected by the litigation privilege. See Asia Inv. Co. v. Borowski, 133 Cal. App. 3d 832, 842 (Ct. App. 1982) (counsel's alleged threat to bring a CEQA action in order to induce plaintiff to settle was protected by the litigation privilege s...

Excerpt: .... 452(d). The doctrine of res judicata Under the doctrine of “res judicata,” or “claim preclusion,” a valid, final judgment on the merits is a bar to a subsequent action by parties or their privies on the same “cause of action.” Mycogen Corp. v. Monsanto Co. (2008) 28 Cal.4th 888, 896‐ 97; Amin v. Khazindar (2003) 112 Cal.App.4th 582, 589–590. Under this doctrine, all claims based on the same “cause of action” must be decided ...

Excerpt: ... a claim for unjust enrichment, while not a standalone cause of action, may be construed as a restitution claim. See Rutherford Holdings, LLC v. Plaza Del Rey (2014) 223 Cal.App.4th 221, 231; McBride v. Boughton (2004) 123 Cal.App.4th 379 (unjust enrichment was an attempt to plead a cause of action for restitution). However, Plaintiff's breach of contract claim pleads the existence of an enforceable agreement and its unjust enrichment claim cover...

Excerpt: ...re of the time and date of this hearing, the Court overlooks the defect. Plaintiff's counsel is also directed to comply with California Rules of Court and Local Rules of Court regarding electronically filed documents. Specifically, exhibits must be bookmarked. (CRC Rule 3.1110(f) [“electronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or lette...