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: ...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...