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