Excerpt: ...y will accommodate the ends of justice.”); Caiafa Prof. Law Corp. v. State Farm Fire & Cas. Co. (1993) 15 Cal.App.4th 800, 804 (“It is black letter law that, when a federal action has been filed covering the same subject matter as is involved in a California action, the California court has the discretion but not the obligation to stay the state court action.” (citations omitted).) “'In exercising its discretion the court should consider ...

Excerpt: ...an Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 25 August 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order On Motion of Plaintiff to Compel Arbitration. I. Statement of Facts. Plaintiff filed this common law complaint on 18 March 2021. On the same date, plaintiff filed a petition to compel Paci...

Excerpt: ...“very hot.” (FAC, ¶ 18). Plaintiff alleges that, on May 25, Defendants reduced the listing price for her home by $325,000 after keeping the property on the MLS for only six days. (Id., ¶ 20). On June 1, Defendants advised Plaintiff that an offer had been made on the property and that Plaintiff “needed to accept it immediately without delay.” (Id., ¶ 22). According to Plaintiff, Defendants did not advise Plaintiff that she had until noo...

Excerpt: ...plicable. Plaintiff's Motion for Additional Discovery, Compelling Further Responses. Plaintiff's Motion for Additional Discovery is DENIED. Plaintiff seeks an order permitting additional discovery after having already served on Defendant the maximum number of interrogatories and requests for admission allowed in limited civil cases. ( See C.C.P. section 94(a)). On noticed motion, the court may permit additional discovery if the moving party shows...

Excerpt: ...hat it may properly take judicial notice of Exhibits A through D as they are court records. (See Evid. Code § 452(d).) However, the Court does not take judicial notice of the truth of hearsay statements in court files, including pleadings, affidavits, testimony, or statements of fact. (Williams v. Wraxall (1995) 33 Cal.App.4th 120, 130, fn.7.) Regarding Exhibits E through G, the County has not demonstrated that the Court may properly take judici...

Excerpt: ... willful despoliation of evidence. Plaintiff seeks terminating sanctions on the grounds that Defendant deliberately deleted evidence of phone calls between Plaintiff and Nordstrom. According to Plaintiff, “Defendant's acts are premediated and not simply negligent in preserving documents related to this case.” (MPA, p.5). Alternatively, Defendant seeks to permit the trier of fact an adverse inference as a result of the alleged spoliation. (Id....

Excerpt: ...he United States.” (Code of Civ. Proc. § 526, subd. (b)(2); Civ. Code § 3423, subd. (b) [same].) Exceptions exist, such as when an “exceptional circumstance” exists that outweighs the judicial restraint and comity owed to courts of separate sovereignty. (Advanced Bionics Corp. v. Medtronic, Inc. (2002) 29 Cal.4th 697, 706; see also TSMC North America v. Semiconductor Mfg. Int'l Corp. (2008) 161 Cal.App.4th 581, 590.) No such exceptional c...