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: ...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...