Excerpt: ...could have reinstated the loan through a personal loan, which would have been approved given Charles Taniguchi's credit score, but Plaintiffs' responses indicate that they lack knowledge as to whether they could have obtained a personal loan using Marie Taniguchi's credit score. The Court agrees that the interrogatory does not require Plaintiffs to disclose their specific credit scores, but they have a duty to make reasonable efforts to obtain th...

Excerpt: ...ormation Radio dba Sing Tao Chinese Radio (“Defendants”) for Summary Judgment or, in the alternative, Summary Adjudication, to the Third Amended Complaint (“TAC”) by Plaintiff Ning Yuan Chang (“Plaintiff”), is DENIED. Defendants move for summary judgment on the grounds that: (1) none of the alleged statements were defamatory since they did not imply that Plaintiff was a murderer; (2) the alleged statements by Defendants were privilege...

Excerpt: ...ason(s) stated below. First, Plaintiffs' 10‐22‐21 Reply brief, and the supporting Decl. of Michael Smith, include evidence that was not provided with DDLV's moving papers. Therefore, any party choosing to oppose the motion, including Continental, has not had a chance to respond to this new evidence. Further, and perhaps more importantly, counsel for DDLV and Continental have indicated to the Court that through their on‐going meet and confer...

Excerpt: ... is GRANTED IN PART, as follows: (1) Parenti's Petition for Preliminary Injunction is GRANTED IN PART. “An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for disclosing information, or because the employer believes that the employee disclosed or may disclose information, to a government or law enforcement agency, to a person with authority over the employee or another employee who has the autho...

Excerpt: ...ants Krafton Inc. and PUBG Santa Monica Inc.'s (collectively, “Krafton”) Motion to Compel Further Responses, filed 8‐10‐21, is DENIED, as set forth below. Because a substantial portion of the papers supporting and opposing the motion were filed under seal, the Court will send to the parties, by email, a more detailed explanation of the Court's Tentative Ruling. Krafton's motion seeks an order compelling Plaintiffs/Cross‐Defendants NetEa...

Excerpt: ...ndants contend the Court lacks subject matter jurisdiction in this case because “this action arises from claims relating to an administration of an estate in a foreign jurisdiction of a decedent who did not die in California nor leave property in California at the time of his death.” MPA, p.5. Defendants appear to be correct that all of Plaintiff's claims stem from Defendant Allison Lim's duties as executor of their father's estate, which was...

Excerpt: ... motion for summary judgment and alternative motion for summary adjudication of issues is denied in its entirety. The Court sustains Defendant's Objection to the Police Report, showing that the collision occurred in the Number 2 lane, just 100 feet south of the University Avenue Exit, as unauthenticated and hearsay. The Court exercises its discretion to not rule on the remainder of Defendants' objections, since the challenged evidence is not mate...

Excerpt: ...�PART and DENIED‐IN‐PART, as set forth below. Plaintiff's request for an order holding Defendants in contempt and/or issuing an OSC is DENIED. Having reviewed the evidence, the Court finds it does not clearly demonstrate that Defendants willfully disobeyed the Court's 4‐9‐21 Order. Chapman v. Superior Court (1968) 261 Cal.App.2d 194, 200‐201. The 4‐9‐21 Order awarded attorney's fees and costs to Plaintiff following Plaintiff's accep...

Excerpt: ... to appear for deposition on October 11, 2021. In July 2021, counsel for SBM contacted Plaintiff's counsel in an attempt to schedule Mr. Agredano's deposition. Baarts Decl., ¶ 7. Plaintiff's counsel indicated that he was reaching out to Mr. Agredano to determine his availability. Id. However, Plaintiff's counsel did not follow up and, as a result, on July 22, SBM served a deposition notice setting Mr. Agredano's deposition for August 12. Id., ¶...

Excerpt: ...n these consolidated cases, is GRANTED. Code Civ. Proc. Sect. 437c. This case has been consolidated with Case Nos. CIV526396, 17CIV00114, and 21CIV01178. The four operative Complaints initially asserted additional claims against defendant RH, several of which were previously adjudicated in RH's favor. At present, the remaining causes of action against defendants RH and Larry Young are (1) violation of Civ. Code Sect. 2924c‐d; (2) wrongful forec...

Excerpt: ... cause of action alleges that a controversy exists in that (1) Plaintiffs contend that the only amount owed is $28,000, and (2) Defendant contends that Plaintiffs owe $195,156.79. (FAC ¶¶ 9 & 17.) Plaintiffs request a judicial declaration of the parties' obligations under the Note and Deed of Trust. “The issues to be addressed in a summary adjudication motion are framed by the pleadings.” (Wattenbarger v. Cincinnati Reds, Inc. (1994) 28 Cal...

Excerpt: ...ANY TENTATIVE RULING: The Demurrer of Defendants Saeed Amidi, an individual; Saeed Amidi, as Trustee of the Fatemeh Travajjoh Amidhozour Revocable Trust Dated May 24, 2002; Saeed Amidi, as Trustee of the Amended and Restated Fatemeh Travajjoh Amidhozour Revocable Trust Dated June 12, 2014; Rahim Amidhozour, an individual; and Amidi, LLC (“Defendants”) to the Complaint of Plaintiff Fatemeh Tavajjoh Amidhozour, individually and as Trustee of th...

Excerpt: ...cularized facts creating a reasonable doubt that (1) the directors are disinterested in and independent of the challenged transaction; or (20 the challenged transaction was otherwise the product of a valid exercise of business judgment. (Charter Township of Clinton Police & Fire Retirement System v. Martin (2013) 219 Cal.App.4th 924, 935‐940; Bader v. Anderson (2009) 179 Cal. App. 4th 775, 787.) The test is disjunctive. A director is not “dis...

Excerpt: ...h below. The Motion for Summary Adjudication is DENIED with respect to Plaintiff's Second and Third causes of action. Consequently, the Motion for Summary Judgment is also DENIED. Defendant SBM seeks summary judgment as to the claims asserted by Plaintiff Maria Recinos. 1st & 4th COA – Discrimination and Retaliation With respect to Plaintiff's first cause of action for discrimination and Plaintiff's fourth cause of action for retaliation, Defen...

Excerpt: ...: The County moves for summary judgment to the FAC and for summary adjudication to the count for dangerous condition of public property. (See County's Notice of Motion.) It appears that there is only one count alleged against the County for dangerous condition of public property in the FAC though. (See County's Appendix of Evidence, Exh. 2.) Moreover, the County seeks both summary judgment and summary adjudication based on the same three grounds....

Excerpt: ... arising from injuries he sustained while operating a PEXTO Roll Forming Machine. Section 4558 provides a limited exception to the exclusive remedy provisions in the Workers' Compensation Act for an employee whose injury or death is “proximately caused by the employer's knowing removal of, or knowing failure to install, a point of operation guard on a power press, and this removal or failure to install is specifically authorized by the employer...

Excerpt: ... 9‐3‐21 Opposition at 8‐9), the Court finds that it has jurisdiction/the ability to rule on the motion. As long as a Sect. 128.7 sanctions motion is served, as here, in compliance with the safe harbor provision before the case is dismissed or disposed of by the Court, the Court retains jurisdiction to grant a sanctions motion even if the motion is filed after a dismissal or entry of judgment. Day v. Collingwood (2006) 144 Cal.App.4th 1116, ...

Excerpt: ...should be permitted. The Court followed the preferred practice of permitting the amendment and allowing the parties to test its legal sufficiency by demurrer. (See California Casualty Gen. Ins. Co. v. Superior Court (1985) 173 Cal.App.3d 274, 281.) Demurrer to the second cause of action (concealment) is sustained. The economic loss rule precludes tort claims when the claim is contractual in nature and the plaintiff has suffered only economic dama...

Excerpt: ...on 473, subdivision (b). A. Substituted Service on Defendant Magpantay Was Defective. Substituted service must occur at an individual's “usual place of abode”, usual place of business, or usual mailing address. (Code of Civ. Proc. § 415.20 (b).) Plaintiff attempted to serve Defendant Magpantay at a residential address on Kimberly Way in San Mateo. The uncontested evidence is that the San Mateo residence was not Defendant Magpantay's dwelling...

Excerpt: ...ring showing that it served Defendant with the Declaration of Chirsty Briggs, then the Court will rule on Plaintiff's Motion as follows: Plaintiff Sacor Financial, Inc.'s Motion to Correct Error in Rejecting Renewal of Judgment is GRANTED. According to the Declaration of Christy Briggs, she attempted to file a timely renewal application on Plaintiff's behalf on February 12, 2021 but was unable to do so due to technical problems with the Court's e...

Excerpt: ...sel re‐noticed the deposition of Mr. Hernandez. The deposition notice states: “Plaintiff has been informed by the deponent's attorney an interpreter who speaks Spanish will be required for the deponent; therefore, an interpreter who speaks Spanish will be provided to the deponent by Continental Interpreting.” Drakeford Decl., p.3; Exhibit I. On June 8, 2021, two days before the scheduled deposition, Plaintiff's counsel sent an email to defe...

Excerpt: ...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. Respondent's Demurrer to Petitioner's verified Petition is SUSTAINED in part without leave to amend pursuant to Cal. Code of Civ. Proc. § 430.10(e) with respect to the First Cause of Action, and OVERRULED i...

Excerpt: ...e are multiple defendants named in this action, yet the Notice simply purports to seek summary adjudication on behalf of “all Defendants and Cross‐ Complainants” without ever identifying by name who these Defendants and CrossComplainants are. Additionally, Defendants' counsel fails to identify who they represent underneath the attorneys' names. The Memorandum of Points and Authorities also fails to identify by name which Defendants seek sum...

Excerpt: ...This action is STAYED pending the outcome of the parties' arbitration pursuant to Cal. Code of Civ. Proc. § 1281.4 and 9 U.S.C. § 3. There is a strong presumption in favor of arbitrability in California. Cione v. Foresters Equity Servs., Inc., 58 Cal. App. 4th 625, 642 (1997). A party may move to compel arbitration pursuant to Code of Civ. Proc. Section 1281.2, which states, in relevant part: On petition of a party to an arbitration agreement a...

Excerpt: ...'s Demurrer to Cross‐Complainants McNally and Lombardi's 6‐3‐21 Second Amended CrossComplaint (SAXC) is SUSTAINED WITH LEAVE TO AMEND. Code Civ. Proc. Sect. 431.10(e). A party alleging fraud by intentional misrepresentation must show that the accused party's misrepresentation of fact was a “substantial factor” in causing the asserting party's alleged harm/damage. See CACI 1900. A claim for negligent misrepresentation requires the same s...

Excerpt: ...ed by petitioner, (2) grounds exist to rescind the arbitration agreement, or (3) one of the parties is also party to a pending court action with a third party. (Code of Civ. Proc. § 1281.2.) The parties do not dispute the existence of the arbitration provision. The only issue is whether Defendant LALLY waived his right to arbitration. Contractual arbitration rights are subject to waiver, and waiver may be expressed or implied from the parties' c...

Excerpt: ... of the LWDA Notice submitted on July 9, 2020. (See Eubank v. Terminix Int'l, Inc. (S.D. Cal., May 15, 2018, No. 15‐CV‐0145‐WQH‐ JMA) 2018 WL 2215288, at *4 ‐ *5 (“The Court concludes that the terms of the Settlement are not ‘reasonable in light of PAGA's policies and purposes' because the Settlement releases claims for violations of § 2802 and Eubank has not been authorized to commence a PAGA action for violations of § 2802” wh...

Excerpt: ...or punitive damages requires a showing that the accused party is guilty of “oppression, fraud, or malice.” Civ. Code 3294. Here, the SAXC seeks punitive damages based on the asserted Fifth Cause of Action for “fraud by intentional misrepresentation.” CrossComplainants McNally and Lombardi also argue De Bibo's alleged conduct/actions constitutes “malice” under Sect. 3294. The Court finds that the SAXC fails to allege facts supporting t...

Excerpt: ...th below. Interrogatories Nos. 5 & 6 Plaintiff's Interrogatories Nos. 5 and 6 ask GM to identify individuals who communicated with any of GM's authorized dealerships concerning Plaintiff or Plaintiff's vehicle. GM responds that it is not currently aware of any communications between any GM‐authorized dealer and GM relating to Plaintiff or Plaintiff's vehicle prior to this lawsuit being filed. GM also states that it referred Plaintiff to the doc...

Excerpt: ...to all four causes of action in the Complaint based on failure to state facts sufficient to support them. On its own motion, the Court takes judicial notice of the Complaint in this action. (See Evid. Code § 455.) The Complaint attaches both Geico's umbrella policy (“policy”) and the Complaint in the underlying action in Gina Lerona v. Lillian Christian, et al., San Mateo Superior Court Case no. 19CIV06066 (hereafter “underlying action”)...

Excerpt: ... argument lacks merit, both because Defendant filed no evidence supporting this argument, and because he admits he resides in California. The motion also appears to challenge subject matter jurisdiction and service of the Complaint. These arguments were not properly noticed. Defendant also offers no evidence or authority indicating the Court lacks subject matter jurisdiction, or that the Complaint was improperly served. While Defendant's moving p...

Excerpt: ... W.R.C., a minor individual, by and through, guardian ad litem, Sonia Marisol Cruz, is ruled on as set forth below. The Court has considered, in full, Plaintiff's opposition brief, even though it exceeds fifteen pages and was untimely. California Rule of Court 3.1113(d),(g). Defendants have had an opportunity to respond to Plaintiff's opposition papers. Defendants' Request for Judicial Notice is GRANTED. See Munoz v. State of California (1995) 33...

Excerpt: ...follows: (1) The Demurrer to the First Cause of Action for Tenant Relocation Assistance, Violation of Cal. Health and Safety Code 17975‐17975.2, is SUSTAINED WITHOUT LEAVE TO AMEND based on failure to allege facts sufficient to support this claim. Defendants demur on the ground that Plaintiff lacks standing to bring this claim because the allegations do not support that Plaintiff and Defendants had a landlord‐tenant relationship. In order to ...

Excerpt: ...efer to Equinix Services, Inc. as “PHI,” even though PHI or “Packet” is the company's prior name. PHI's motion to strike each of the SAC's causes of action asserted against PHI is DENIED. PHI merely references its arguments made in its concurrently‐filed Demurrer to the SAC, arguing that for the same reasons stated in the Demurrer, the Court should strike each cause of action asserted against PHI. PHI's argument that the SAC's claims ar...

Excerpt: ...nt's demurrer to the "entire SAC" on the ground of uncertainty is overruled. Defendant fails to provide any arguments as to why the first, second and third are uncertain. C. Defendant's demurrer to the third cause of action is sustained without leave to amend. The economic loss rule bars Plaintiff's claim. The economic loss rule allows a plaintiff to recover in tort when a product defect causes damage to "property other than the product itself." ...

Excerpt: ... as “PHI,” even though PHI, or “Packet,” is the company's prior name. As to the Third Cause of Action alleging breach of contract, the Demurrer is OVERRULED. Code Civ. Proc. Sect. 430.10(e). The SAC alleges PHI breached the “PHI Agreements” (9‐10‐19 Employment Agreement; Stock Option Grant Agreement; Packet Equity Incentive Plan) by failing to accelerate and immediately vest all of Plaintiff's PHI stock options when PHI constructi...

Excerpt: ...intiff Serra Falk Goldman to Further Respond to Its Special Interrogatories, Form Interrogatories, and Requests for Production of Documents,” filed 1‐29‐21, is GRANTED‐IN‐PART and DENIED‐IN‐PART, as set forth below. Special Interrogatory No. 13 and Request for Production, Nos. 13‐14, 18‐27, 31, 33, 35, or 38. The parties dispute whether Commissioner Halperin authorized this motion to compel. As to these requests, after reviewing...

Excerpt: ...” is interpreted broadly to favor an award of attorney's fees to a partially successful defendant. Where a defendant obtains some benefits of a partially successful SLAPP motion, the defendant's fee recovery is normally reduced proportionately, but not denied entirely. Mann v. Quality Old Time Service, Inc. (2006) 139 Cal.App.4th 328, 340; ComputerXpress, Inc. v. Jackson (2001) 93 Cal.App.4th 993, 1017. However, a fee award is not required when...

Excerpt: ...mission (RFAs) admitted, and the Court's 3‐12‐21 Minute Order granting the motion to deem RFAs admitted. The Complaint here seeks subrogation for Worker's Compensation benefits allegedly paid to Plaintiff's employee, who was injured in an automobile collision, allegedly caused by Defendant's negligence. See 3‐6‐19 Complaint. On 3‐12‐21, the Court granted Defendant's unopposed motion to deem RFAs admitted, resulting in judicial admissi...

Excerpt: ...mended Complaint (“FAC”) for failure to state a cause of action is OVERRULED. The FAC alleges that on August 22, 2018, Plaintiff was visiting friends, one of which was a paying tenant at the hotel, when he was intentionally struck by the car of Doe Defendants 6‐10 outside of the front entrance of a Holiday Inn Express. Defendant Radha Patel dba Holiday Inn Express is “engaged in the business of operating” the hotel, while the other Defe...

Excerpt: ...guing that the documents sought in these Requests are directly relevant to this litigation, and none of Defendant's objections have merit. Thus, where a demanding party deems that an objection to a response is without merit, the demanding party may move for an order compelling further response to the demand. (Code of Civ. Proc. § 2031.310(a)(3).) Thus, the Court treats this Motion as a Motion to Compel Further Responses to Request for Production...

Excerpt: ...uires service on an a competent member of the household, followed by a mailing to the defendant at the same address. The Proof of Service, filed September 8, 2014, shows that the summons and cross‐complaint were left with Stacey Pierce at Cross‐ defendant's residence, and the papers were mailed to Cross‐defendant at that address on August 28, 2014. Service was complete 10 days after mailing. (Code of Civ. Proc. Sect. 415.20, subd. (a).) Tha...

Excerpt: ...iled his original Petition in this matter (12‐1‐20 Petition) seeking a Writ of Mandamus that would have directed Respondent police department to issue a “Certificate of Detention” following Petitioner's arrest and release, pursuant to Pen. Code Sects. 849.5, 851.6. The original Petition was apparently rendered moot by Respondent's subsequent issuance of the requested Certificate. Petitioner thereafter filed, on 2‐25‐21, the operative ...

Excerpt: ... to Sect. 397(c), Cirrus requests a venue transfer to the Sonoma County Superior Court, which is near the subject airplane crash site, on grounds that twelve (12) non‐party witnesses (4 eye‐witnesses and 8 first responders) live in or near Sonoma County and have signed declarations stating they would be inconvenienced by having to travel about 85 miles to Redwood City to testify at trial. See Sect. 397(c) (the Court may transfer venue “when...

Excerpt: ...t prejudice for the reasons set forth below. Plaintiff seeks the appointment of a discovery referee to preside over the remaining depositions in this case, in light of the fact that Plaintiff has attempted to complete the deposition of Defendant Orhan Tolu on three separate occasions. The gravamen of the parties' dispute concerns Plaintiff's counsel's questions relating to a $50,000 check issued by Defendant Tolu, and defense counsel's invocation...

Excerpt: ...t on the basis of extrinsic mistake. Defendant filed this motion to set aside default more than six months after the default and default judgment were entered. Accordingly, relief under CCP § 473(b) is not available to Defendant. The Court, however, may set aside default on the basis of extrinsic fraud or mistake pursuant to its equitable powers. In order to obtain relief under the Court's equitable power, Defendant must demonstrate (1) a merito...

Excerpt: ...d below. Code Civ. Proc. Sect. 436. In sustaining Putnam's Demurrer to Nissan's Second Amended CrossComplaint (2ACC), the Court concluded that the 2ACC did not allege a valid liquidated damages clause. See 11‐12‐20 Order (signed 11‐9‐20). The allegations in Nissan's 3ACC largely track the allegations from the 2ACC, with some minor additions, including the following Parag. 9: “The Repayment Provision was included in the FI Agreement beca...

Excerpt: ...c.'s Third Amended Cross‐Complaint (3ACC) is OVERRULED, for the reasons stated below. Code Civ. Proc. Sect. 430.10(e). Putnam has not shown Nissan's breach of contract claim to be time‐barred on its face Putnam first argues Nissan's breach of contract claim is time‐barred under California's four‐year statute of limitations. Code Civ. Proc. Sect. 337. Putnam made this identical argument in the context of its previous demurrer to Nissan's 2...

Excerpt: ...ilar and Nicole Aguilar (“Plaintiffs”) is ruled on as follows: The Court may strike out any irrelevant, false or improper matter asserted in any pleading. (C.C.P. § 436(a).) A motion to strike may be brought where the facts alleged do not rise to the level of malice, fraud or oppression to support a punitive damages award. (Turman v. Turning Point of Central Calif., Inc. (2010) 191 Cal.App.4th 53, 63.) A motion to strike is widely used to ch...

Excerpt: ...iffs”) is ruled on as follows: (1) Defendant's Request for Judicial Notice is GRANTED. The Court may take judicial notice of the existence of judicial opinions and court documents, along with the truth of the results reached—in the documents such as orders, statements of decision, and judgments—but cannot take judicial notice of the truth of hearsay statements in decisions or court files, including pleadings, affidavits, testimony, or state...