Excerpt: ...rule 3.1110 [the Notice “must specify” the location of the hearing].) Defendants Borislav Deianov and Nandita Deianova's motion to strike from plaintiffs' First Amended Complaint (FAC) the last sentence of paragraph 28 and the entirety of paragraphs 3 -5 of the Prayer for Relief is DENIED. 1. Timeliness of Motion It is unclear from the Court's files whether defendants' motion to strike is timely. Plaintiffs' FAC naming defendants Borislav De...

Excerpt: ...ctions 2698, et seq. The case was tried in two phases — liability and damages. On January 11, 2024, the Court issued a judgment in favor of plaintiff and against defendants Sunnyvale Massage, LLC and Lisa Meteyer (defendants) in the amount of $389,880. (Declarat ion of Stan S. Mallison [Mallison Decl.], ¶¶ 2- 8.) The Court denied defendants' motion for a new trial on March 26, 2024. A. Plaintiff's Request for Attorneys' Fees is Reasonable Pla...

Excerpt: ...written noti ce of entry of order. (Code Civ. Proc., § 472b; Cal. Rules of Court, rule 3.1320(g).) Defendant Google's March 21, 2024 Request for Judicial Notice is GRANTED as to Exhibit A (website Terms of Service) (Evid. Code, § 452, subd. (h), and GRANTED as to Ex hibits B -G (court -filed documents) (Id., § 452, subd. (d).) A. Preliminary Matters 1. Defendant's Failure to Meet and Confer Defendant Google has not complied with the meet and ...

Excerpt: ... notice and hearing, make an order, no later than the close of pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case, except for special defenses which may be tried first pursuant to Sections 597 and 597.5. The purpose of Section 598 is ...

Excerpt: ...ired) conce rning, inter alia, Wu's notice of deposition of TPMG's persons most qualified to testify on specified topics and attendant requests to produce specified categories of documents at the depositions. (Sept. 7, 2023 Order Re: Discovery, at p. 1.) The Court s ustained and overruled certain objections to both the topics and requests and ordered TPMG to “immediately identify the Person(s) Most Knowledgeable immediately as to Topics Nos....

Excerpt: ...promissory not e to Prieto in the amount of $260,000. Prieto — their real estate agent — had loaned cross -complainants $260,000 in connection with a real estate transaction. Cross -complainants contend that in November 2015, Prieto demanded repayment of the loan. They informed her that they were in the process of a cash- out refinance of their property and would repay the loan once that transaction closed. Prieto allegedly agreed to wait un...

Excerpt: ... RJN is GRA NTED pursuant to Cal. Evidence Code, section 452, subdivision (d). Plaintiffs' Objection No. 1 to paragraph 4 of the Declaration of Timothy Logue is SUSTAINED on the grounds of hearsay and lack of foundation. Plaintiffs' Objection No. 2 to paragraph 6 of the Declaration of Timothy Logue is SUSTAINED on the ground of lack of personal knowledge. Plaintiffs' Objection No. 3 to paragraph 7 of the Declaration of Timothy Logue is OVERRULED....

Excerpt: ...ontinued t he hearing to the instant hearing date: [T]o permit plaintiff to depose declarant Alberto Germano for the limited purpose of inquiring into the two screenshots at Paragraph 5 at of his two otherwise identical declarations filed on December 28, 2023 and Feb ruary 13, 2024, respectively, and explanation regarding a printing error. (See Reply, filed February 13, 2024, at p. 3:25 -28, fn. 2; Defendant's Response, filed February 21, 2024...

Excerpt: ... any terms as may be proper.” (Code Civ. Proc., § 473, subd. (a)(1).) There is a policy of “great liberality” in allowing amendments to pleadings at any stage of the proceeding so as to dispose of cases upon their merits where the authorization does not prejudice the substantial rights of others. (Board of Trustees v. Superior Court (2007) 149 Cal.App.4th 1154, 1163.) When considering whether to permit amendments to pleadings, court should...

Excerpt: ... on uncertain ty is OVERRULED. Legal Standard on Demurrer A party may demur to a pleading on any one or more of the grounds laid out in Code of Civil Procedure, section 430.10, including that the pleading does not state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10.) A court must “treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law [an...

Excerpt: ... of Danie l D. Geoulla (Geoulla Decl.) ¶¶ 3-4; id., exh. C.) Petitioner seeks relief from the requirement of presenting a claim for personal injury within six months of accrual of his cause of action before bringing an action against Burlingame. There is no dispute that he did not present a claim to Burlingame within six months, but Rhodes contends his failure was due to his mistake, inadvertence, surprise, or excusable neglect. A. Legal Standa...

Excerpt: ...rbitration. The Court finds defendant has met its initial burden to show there is an arbitration agreement between the parties (De la Torre Dec., filed Nov. 13, 2023, ¶ 5, Ex. A), and Plaintiff has not met his shifting burden to demonstrate ground for denial by a preponderance of the evidence. (Knight, Cal. Prac. Guide: Alt. Disp. Res. (Rutter, Dec. 2023 Update) ¶¶ 5:320, 5:321, 5:322. See Reply, filed Jan. 8, 2024, at p. 4:2- 3 [arguing �...

Excerpt: ...shall be verifie d and allege all of the following: (a) The date of recordation of the claim of lien. A certified copy of the claim of lien shall be attached to the petition. (b) The county in which the claim of lien is recorded. (c) The book and page or series number of t he place in the official records where the claim of lien is recorded. (d) The legal description of the property subject to the claim of lien. (e) Whether an extension of cred...

Excerpt: ...nopposed motion for summary judgment against defendant Andreas Tzortiz (“Defendant”). This Court denied plaintiff's first motion for summary judgment due to procedural deficiencies with the proof of service. As to plaintiff's second motion for summary judgment, the Court fin ds that a rebuttable presumption of proper service has been established, and therefore proceeds to consider the merits of the motion for summary judgment. In ruling on...

Excerpt: ...Proc., § 437c.) Accordingly, defendants' alternative Motion for Summary Adjudication is DENIED AS MOOT. (Code Civ. Proc., § 437c.) Hearing location. Defendants' January 11, 2024 Notice of Motion incorrectly states that the April 10, 2024 hearing will take place in the Redwood City courthouse. The hearing will take place in Department 28 in the San Mateo courthouse, which is located at 800 North Humboldt St., San Mateo, California 94401. Defenda...

Excerpt: ...20(g); Code Civ. Proc. § 472b.) Defendant City of San Mateo's Request for Judicial Notice is GRANTED as to all items for the purposes of this demurrer. The Complaint asserts a single cause of action against defendant City of San Mateo (City) for dangerous conditio n of public property. It alleges that plaintiff William Trapp was riding his bicycle along the Bay Trail in San Mateo when he “encountered orange barrier fencing that had entered his...

Excerpt: ... effective Janu ary 1, 2020. (See former Code. Civ. Proc., § 340.1, repealed by Stats. 2022, c. 444 (A.B. 2959), § 1, eff., Jan. 1, 2023, and then repealed by Stats. 2023, c. 655 (A.B. 452), § 1, eff., Jan. 1, 2024.) Doe 1 seeks to stay this action on the ground that this same issue is currently under review by the First District Court of Appeal in Jane Doe v. Acalanes Union High School District (A169013) (MPA, at p. 2.) Appeals frequently tak...

Excerpt: ... sued various defendants including cross-complainants Real Advantage Title Insurance Company, Orange Coast Title Company of Northern California, and Orange Coast Title Company (Orange Coast parties); Donald M. Bronstein; Donald M. Bronstein, Trustee of the Don and Chery l Bronstein Family Trust Account 125; Donald M. Bronstein, Trustee of the Nicole Bronstein Living Trust; Donald M. Bronstein, Trustee of the Kimberly Bronstein Living Trust; and I...

Excerpt: ...l amend the J udgment to find that Shuppe materially breached Section 2.4 and the Estate of Georgy Shuppe is ORDERED to perform the obligations set forth in Section 2.4 of the 2012 Agreement, within 30 days of notice of entry of this Order. The Court GRANTS - IN -PART th e Libermans' Motion for a New Trial, or Additur, as to the SOD's award of damages to the Libermans as to the acquisition of Darberry by Groupon, and finds that the Court should...

Excerpt: ...4 hearing of t his Motion will take place in the Redwood City courthouse. Department 28 (Judge Healy) is, in fact, located at Courtroom I, 800 North Humboldt St., San Mateo, California 94401. Background. The following “facts” are taken from the parties' recently filing s, and are intended only to describe the general background of this case and the present Motion. Plaintiff Xin Li and defendant Oded Haner each hold a 50% interest in FC4X Rea...

Excerpt: ...tiffs in settlements with other defendants. Plaintiffs are the prevailing party and on January 23, 2024, filed a memorandum of costs, seeking a total of $68,368.87. (Code Civ. Proc., § 1032.) Defendants have filed a motion to tax costs. In their opposition, plaintiffs agreed that certain of their requested costs are not supported and reduced the total requested to $53,066.35. Defendants have argued that $838.48 for “Court -ordered transcript...

Excerpt: ...alifornia Rules of C ourt, rule 2.550. Accordingly, the motion to seal is DENIED WITHOUT PREJUDICE. Specifically, defendant has moved to seal the following documents: • Memorandum of Points and Authorities in Support of Defendant Timothy Logue's Motion for Summary Judgmen t; • Separate Statement of Undisputed Material Facts in Support of Defendant Timothy Logue's Motion for Summary Judgment; • Declaration of Timothy Logue; • Declaration ...

Excerpt: ...rt state d that plaintiff had waived a jury trial by failing to pay the fees, but set a jury trial based on defendants' payment. (Note, however, that the parties represented at paragraph 12 in their joint case management and trial setting conference statement, fil ed on April 7, 2023, that “[a]ll parties have demanded a jury trial on all issues.”) Plaintiff's counsel admits that he did not understand that jury trial fees are due at the time ...

Excerpt: ...y wages on termination; to provide rest periods or compensation; and to provide accurate, itemized wage statements. (First Amended Complaint, filed April 13, 2018.) The case was tried in two phases. On December 6, 2023, the Honorable Marie S. Weiner (retired) issued a final statement of decision and judgment after court trial in favor of plaintiffs, awarding penalties totaling $274,900 against defendants Lisa Meteyer and Sunnyvale Massage, join...

Excerpt: ... The Notice of Motion incorrectly states that the hearing on this Motion will take place in the Redwood City courthouse. The Court notes that Department 28 (Judge Healy) is located at Courtroom I, 800 North Humboldt St., San Mateo, California 94401. Meet and co nfer. The December 21, 2023 Declaration of Azim Khanmohamed does not comply with Code of Civil Procedure, section 435.5, which requires that the declaration supporting a motion to strike s...

Excerpt: ..., or oppre ssion” required under Civil Code, section 3294 to support an award of punitive damages. In order to survive a motion to strike an allegation of punitive damages, the plaintiff must plead the ultimate facts showing an entitlement to such relief. (Clauson v. Superior Court (Pedus Services, Inc.) (1998) 67 Cal.App.4th 1253, 1255.) In order to state a prima facie claim for punitive damages, a complaint must set forth the elements as stat...

Excerpt: ...lobal Enterp rises, Inc., et al. v. Tim Onderko, Case No. 22 -CIV -02099, and then re -filed on January 9, 2024 in Tim Onderko v. Donald Wilson, Case No. 22 -CIV -02332, is GRANTED -in -part and DENIED -in -part. Onderko's Petition to Confirm Arbitration Award is GRANTED. Ond erko's request for an award of interest on the Arbitration Award is GRANTED in the amount of $83,243.95. Onderko's request for an award of attorney's fees and costs is pri...

Excerpt: ...mily home fo r $9 million. Escrow closed on the house on November 7, 2013. (Final Statement of Decision, filed Jan. 9, 2024, at p. 3.) After moving in, the plaintiffs discovered numerous flaws in the home's construction. (See id., at pp. 6 -7, 10 -25.) On January 9, 2024, the Honorable Marie S. Weiner (retired) issued a final statement of decision and judgment after court trial in favor of plaintiffs, awarding them $1.2 million in damages, for...

Excerpt: ...rvice of written notice of entry of this order, unless the parties stipulate otherwise. (Cal. Rules of Court, rule 3.1320(g); Code Civ. Proc., § 472b.) Defendants Janet Wyler Griggs, Thomas S. Griggs, and Ash 1031 LLC's Demurrer to the First Amended Complaint and Motion to Strike portions of the First Amended Complaint are MOOT in light of the Court's ruling. The Court GRANTS LEAVE TO AMEND to plaintiffs Bruce K. Pederson, individually and as co...

Excerpt: ...ing date of February 28, 2024 by the required 16 court days, plus five additional calendar days for service by mail, as required by Code of Civil Procedure, sections 12c and 1005, subdivision (b), the final day to serve notice of this hearing by mail was Janua ry 29, 2024. “The principal purpose of the requirement to file and serve a notice of motion a specified number of days before the hearing (§ 1005, subd. (b)) is to provide the opposi...

Excerpt: ... Proce dure, section 473 provides that a court may, in its discretion and after notice to the adverse party, allow an amendment to a pleading upon any terms as may be just. (Code Civ. Proc., § 473, subd. (a)(1).) The court's discretion will usually be exercised liberally to permit amendment of the pleadings. (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428 (Howard).) “The policy favoring amendment is so strong that it is a rare...

Excerpt: ...hip o f, and benefits flowing from, six real properties in Hayward, California. On January 10, 2023, defendant/cross- complainant Ashwani Kumar Bhakri (defendant) filed a cross -complaint alleging, inter alia, promissory fraud and breach of written contract, argu ing an alternative version of facts in which the two oral contracts alleged in the FAC never existed, and that the parties never entered into the fiduciary relationship which forms t...

Excerpt: ...is o ver 70 years of age may petition the court for a preference, which the court shall grant if the court finds both that the party has a substantial interest in the action as a whole, and that the health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. Section 36, subdivision (a) “is mandatory and absolute in its application in civil cases whenever the litigants are 70 yea...

Excerpt: ...D. Initial ly, the court notes that defendant Owl, Inc. (Owl) has provided the incorrect address for the hearing. Department 28 is not located in Redwood City as the notice states, but instead at the Central Courthouse, Courtroom I, 800 North Humboldt St., San Mateo , CA 94401. (See Cal. Rules of Court, rule 3.1110 [the Notice “must specify” the location of the hearing].) As another preliminary matter, the declaration submitted by Owl is insu...

Excerpt: ...ard at Floribunda. Defendant Justin McSharry is alleged to be the President of the board, while plainti
¯ appears to be a candidate for board election. Plainti
¯ Timothy Conway alleges that McSharry defamed him in an email letter that was sent to the Floribunda Community. The email, attached to the Complaint as Exhibit A , describes a history of nuisance and harassment by plainti
¯ and another resident of his condo unit, including harassing an...

Excerpt: ...Floribunda. Plainti
¯ Timothy Conway appears to be a candidate for board election. Plainti
¯ alleges that defendant Nirav Shah participated in disseminating an email letter which allegedly defamed Plainti
¯, and also provided the allegedly defamatory statements at issue to the writer of the letter. The email, attached to the Complaint as Exhibit A, describes a history of nuisance and harassment by plainti
¯ and another resident of his condo u...

Excerpt: ...al. Rules of Court, rule 3.1320(g); Code Civ. Proc., § 472b.) Initially, the Court notes that plainti
¯ has provided an incorrect address for the hearing. Department 28 is not located in Redwood City as the notice states, but instead is at the Central Courthouse, Courtroom I, 800 North Humboldt St., San Mateo, CA 94401. (See Cal. Rules of Court, rule 3.1110 [the Notice “must specify” the location of the hearing].) A. Legal Standard on Demur...

Excerpt: ...vil Procedure, section 430.10, subdivision (f). Cross-defendants SnippetSentry and Edward “Eddie” Green's demurrer to the second cause of action in the Cross Complaint for Failure to Pay Wages on the ground that the claim is uncertain is SUSTAINED WITH LEAVE TO AMEND pursuant to Code of Civil Procedure, section 430.10, subdivision (f). Cross-defendant SnippetSentry's demurrer to the third cause of action in the Cross-Complaint for Common Coun...

Excerpt: ...on the Complaint. The parties do not dispute that the Complaint's causes of action for negligence and premises liability are based on upon the same facts and governed by the same legal standards in this case, where a dangerous condition of property is alleged to have cause injury. Nor do they dispute that the Complaint's third cause of action for negligent inßiction of emotional distress depends upon the Þrst two such that all rise and fall tog...

Excerpt: ...fendants' counsel, Martin GlickÞeld, submitted a declaration in support of defendant's demurrer to the FAC, which included a copy of the “Jones Family 2021 Global Settlement Agreement and Mutual Release” (“Settlement Agreement”). (Declaration of Martin Glickfeld, Nov. 21, 2023 [GlickÞeld Decl.] Exh. A; MPA iso Demurrer, at p. 4.) The FAC alleges breach of the parties' 2021 Settlement Agreement, and thus, it is appropriate to take judici...

Excerpt: ...t that location. Parties may appear by Zoom (see Department 28's website). Plaintiff's Motion for Summary Judgment is GRANTED pursuant to Code of Civil Procedure, section 437c. Defendant's objections to plaintiff's evidence are OVERRULED. The objections do not comply with the requirements of California Rules of Court, Rule 3.1354. The Court has nonetheless reviewed the objections in the body of Opposition, and they are overruled on the merits. Co...

Excerpt: ...3.) The sole remaining issues in the action are plaintiffs' claims for declaratory and injunctive relief. In the motion currently pending before the Court, defendant seeks to join her home insurance provider, CSAA Insurance Exchange ("CSAA"), as a party to the action under Code of Civil Procedure, section 379. Defendant contends that joinder is necessary because "[w]ithout adding CSAA as a party in this action, I cannot have an independent attorn...

Excerpt: ...greement, and none of the exceptions under Code of Civil Procedure, section 1281.2 exists. Plaintiff opposes the motion on the ground that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA, codified at 9 U.S.C. 402(a)), which amends the Federal Arbitration Act, permits victims of sexual assault or harassment to pursue claims in court even if they are bound by a predispute arbitration agreement. The EFAA does not appl...

Excerpt: ...nse), impracticability (Seventh Affirmative Defense), and frustration of purpose (Sixth Affirmative Defense). The motion is DENIED as to Civil Code, section 1511 (Fourth Affirmative Defense) and force majeure (Fifth Affirmative Defense). Additionally, the Court SUSTAINS defendant's first evidentiary objection, and GRANTS each party's request for judicial notice. The instant dispute arises from a lease for commercial tenancy entered into by the pa...

Excerpt: ..., Redwood City, California 94063. Plaintiffs Empire Movers USA, Inc. and its chief executve officer Ruslan Vdovin (collectively "Empire") allege that sometime in early 2022, Empire sought a commercial space from which to conduct fts business and park fts trucks. (June 19, 2023 Complaint, "1 1-2, 10, 12.) Empire entered into a lease (the "Lease") for a space with an attached yard (the "Property") with the assistance of its brokers and agents, defe...

Excerpt: ...ry judgment. However, the proof of service accompanying the motion for summary judgment states that on "September 18, 2023, I served a copy of the foregoing document(s)" by U.S. Mail. The proof of service describes those documents as: Notice and Motion for Judgment on the Pleadings; Memorandum of Points & Authorities in Support Thereof; [Proposed] Order; [Proposed] Judgment. Moreover, the proof of service states that these documents were served o...

Excerpt: ... causes of action for: (1) Breach of Contract; (2) Prospective Interference with Prospective Economic Advantage; (3) Illegal Constructive Eviction; (4) Breach of the Covenant of Good Faith and Fair Dealing; and (5) Conversion. All five causes of action alleged in the Complaint are based on the same factual allegations that plaintiff and defendant Westlake Skyline Plaza, LLC entered into a First Amendment to Lease Agreement and Release of Guaranty...

Excerpt: ...from Ruling on Defendant's Petition This action was stayed when the Court granted defendant's motion to compel arbitration. (See Order, Aug. 7, 2023.) Once arbitration is ordered and the action stayed, the Court retains "merely vestigial jurisdiction over matters submitted to arbitration." Those matters include confirming, correcting, or vacating an arbitration award. (Titan/value Equites Grp., Inc. v. Superior Ct. (1994) 29 Cal.App.4th 482, 487;...

Excerpt: ...v. Proc., S 430.10, subd. (e).) A. Background This case arises from a series of disputes between plaintiff Tadayoshi Hirata and individual defendant William Watt ("Watt"), who is alleged to be an officer and manager at defendant AVM. AVM filed a demurrer to plaintiff's First Amended Complaint ("FAC"), which the Court sustained with leave to amend. (September 13, 2023 Minute Order.) As did the FAC, the SAC again asserts four causes of action again...

Excerpt: ...n on Plaintiff Lorie Jones' Complaint. For the reasons below, summary judgment is warranted. A. Legal Standard on Summary Judgment "A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding." (Code Civ. Proc., S 437c, subd. (a)(l).) A cause of action has no merit if one or more of its elements cannot be separately established or an affir...