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: ...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: ...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: ...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: ..., 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: ...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: ...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: ...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...

Excerpt: ...aint at paragraphs 36—37, 39, and 4142. Plaintiffs Abdulrahman Alkablany and Majdy Alkablany shall, jointly and severally, pay Defendants Severum, LLC's and Dean Najdawi's reasonable attorney fees in the amount of $4,000 no later than thirty (30) days after service of written notice of this order. Defendants Severum, LLC's and Dean Najdawi's Objections to Evidence are SUSTAINED as to items nos. 1 and 4—5 and OVERRULED as to nos. 2—3 and 6. ...

Excerpt: ...to Compel Arbitration, in which defendant Giyasim Babayev has joined, is GRANTED pursuant to Code of Civil Procedure, secton 1281.2. Where a party petitions the court alleging the existence of a written arbitration agreement, contends that another part refuses to arbitrate a controversy covered by the agreement, and the court determines that an agreement to arbitrate the controversy exists, it shall order the parties to arbitration unless the cou...

Excerpt: ...ts filed their Demurrer to the initial Complaint, plaintiff Martin Lanfranco ("Plaintiff") filed a First Amended Complaint ("FAC"). he parties stipulated that the Demurrer would be treated as a Demurrer to the FAC instead, and the stipulation was approved by the Court. (Stipulation and Order filed November 30, 2023.) Thus, the Court treats this Demurrer as a Demurrer to the FAC. Defendants loan Depot and Perrez's Demurrer to the First Cause of Ac...

Excerpt: ...On November 13, 2023, plaintiff applied ex parte for a temporary restraining order and order to show cause why a preliminary injunction should not issue. This Court granted plaintiff's ex parte application, and issued a temporary restraining order enjoining the termination of PG&E services to the premises and ordering that any previously terminated PG&E services be restored. The matter is now before the Court on an order to show cause why a preli...

Excerpt: ...Summary Judgment (MS]), filed August 24, 2023, which seeks summary judgment of all claims asserted against each of them in Plaintiff Liezel De Guzman's August 31, 2022 Second Amended Complaint (SAC), is GRANTED as to each of defendants RTR, MERS, and Boedeker. (Code Civ. Proc., S 437c.) Accordingly, the moving defendants' alternative Motion for Summary Adjudication (MSA) is DENIED AS MOOT. (Code Civ. Proc., S 437c.) Defendants' request for adjudi...

Excerpt: ...e granted approval by this Court at the final fairness hearing. (Kullar v. Fint Locker Retail, Inc. (2008) 158 cal.App.4th 115, 133.) (See MPA, at po. 9:2-17, 10:7-13; Potashnick Dec., 9, 12.) Multiple portions of Plaintiff's memorandum are not supported by citations to evidence or contemplated in counsel's declaration. (See MPA, at pp. 10:24-25, • Plaintiff failed to append the Settlement Agreement as Exhibit A or Exhibit 1 to the Potashnick D...

Excerpt: ...10) days after service of written notice of this order. Defendant City of South San Francisco (the "City") demurs to the second and third causes of action in the Complaint of plaintiff L C General Engineering & Construction, Inc. ("LCG") on the grounds that neither states facts sufficient to constitute a cause of acton. (See Code Civ. Proc., S 430.10, subd. (e).) A. Legal Standard on Demurrer The purpose of a demurrer is to test the legal suffici...