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: ... 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: ... 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: ... 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: ...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: ...) 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: ...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: ...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...