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: ...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: ...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: ...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...

Excerpt: ...e applicable statute of limitations. The Complaint alleges that on November 29, 2019, the decedent, plaintiff's mother, was admitted to Mills Peninsula Medical Center due to difficulty breathing. (Complaint, 6.) Plaintiff alleges that one of decedent's lungs collapsed on November 30, 2019, and she was transferred to the ICU and placed on a ventilator. (Ibid.) According to the Complaint, "[Orom 11-28-2019 until 12-19-2019 it was here that [the dec...

Excerpt: ...elf when he fell through an inadequately secured piece of plywood flooring. Plaintiff served Bomel with Set One of his Requests for Admission ("RFAs"), which included the three requests (the "subject RFAs") at issue: Request Number 39: Admit that YOLI were the creating employer pursuant to Labor Code S 6400 at the time of the SUBJECT INCIDENT. Request Number 40: Admit that YOU were the controlling employer pursuant to Labor Code S 6400 at the tim...

Excerpt: ...d. (e). These causes of action are tme barred by the applicable statute of limitations under Code of Civil Procedure, section 337, subd. (a), and therefore fail to state a claim upon which relief can be granted. The gravamen of Plaintiff's First Amended Complaint arises out of alleged overcharges on Plaintiff's real estate loan from Defendant Bank of America, in which Plaintiff purportedly received a misstated HUD-I statement when he signed the l...

Excerpt: ...n required by Code of Civil Procedure, section 430.41. Defendants' counsel is reminded to strictly comply with all meet and confer requirements going forward. In the Court's discretion, despite the defective meet and confer, the Court will proceed to rule on the demurrer's merits. Defendants' Demurrer to the Eleventh Cause of Acton (violation of FEHA) is OVERRULED. Defendants argue that this claim fails to state a cause of action because (a) Plai...

Excerpt: ...n on the same cause of action as alleged in Plaintiffs complaint." (Demurrer, at p. 2: 15-17.) The other action is the marital dissolution case, FAM 08648. The record shows that final judgment was entered in 21W6, with no further activity in that matter since then. Therefore, no claim of partition between the parties is pending in any other action. The Demurrer quotes Section l, Paragraph 5 of the Marital Settlement Agreement ("MSA"), providing t...

Excerpt: ...f for legal services performed on an hourly rate basis for attorney Cary Kletter at $550 per hour. (UMF, Nos. 1, 3.) Defendant also does not dispute that (1) in April 2022, Plaintiff resolved the underlying matter with Defendant's express consent which resulted in a settlement agreement with the opposing party signed by Defendant, or that (2) Defendant has not paid any portion of the $23,116.77 in legal fees and costs billed to him under the part...

Excerpt: ...tatutory notice requirements will not support an unlawful detainer action. (Code Civ. Proc., S 1162, see also Kwok v. Bergren (1982) 130 Cal.App.3d 596, 600 (Kwok) ["The statutory procedure must be strictly followed."l.) Proper service of a valid notice is a prerequisite, and invalid notice will not support a judgment. Code Civ. Proc., S 1161; Kwok, supra, 130 Cal.App.3d, at p. 599.) Plaintiffs three-day notice to pay rent or quit is fatally defe...

Excerpt: ...n of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that the right to compel arbitration has been waived by the petitioner, or grounds ex...

Excerpt: ...ion against the claimants compelling them to interplead and litigate such claims. (Code Civ. Proc., S 386, subd. (b).) "The purpose of interpleader is to prevent a multiplicity of suits and double vexation." (City of Morgan Hill v. Brown (1999) 71 Cal.App.4th 1114, 1122.) Accordingly, the existence of at least two competing claims on the same property or obligation is required to maintain an interpleader acton. The Complaint alleges that Defendan...

Excerpt: ...nd Annie Zhao because, although they were parties to the original Complaint filed on April 17, 2017, they were not named as Plaintiffs in the First Amended Complaint (FAC) filed on October 30, 2017. According to Defendants, "this Court could not award an individual recovery to SUN and ZHAO without the FAC being amended to include SUN and ZHAO as individual plaintiffs, and that amendment being served on the Chu Defendants, which did not occur in t...

Excerpt: ...ions is DENIED. Defendants move this Court to strike Plaintiff's allegations as to alter ego liability because, inter alia, they argue that Plaintiff has failed to adequately plead facts supporting a unity of interest between the Defendants such that the corporate veil should be pierced. At the pleading stage, the Court looks to whether Plaintiff has adequately pled sufficient facts to support the two requirements of the alter ego theory: unity o...

Excerpt: ...ries, depositions, and matters of which judicial notice shall or may be taken." Under Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, the party moving for summary judgment has the burden of production to make a prima facie showing that there is no triable issue of any material fact. The burden then shifts to the nonmoving party to make a prima facie showing that there is a triable issue of material fact. Here, there is no opposition, so ...

Excerpt: ...iberally to permit amendment of pleadings. Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939. Particularly "[w]here no prejudice is shown to the adverse party, the liberal rule of allowance prevails." Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 564. The Court agrees, in part, with Accessible Home Lift Companvs ("Accessible") allegations of delay and lack of diligence in seeking leave to amend. HSS's proposed FACC seeks to add Mesa underwriters S...

Excerpt: ...tice of this order. Plaintiff TGA F299 Franklin LLC's Request for Judicial Notice is GRANTED. Defendants Matte Sun Group's and Evan Haskell's Request for Judicial Notce is DENIED. Defendants Matte Sun Group (MSG) and Evan Haskell demur to the First Amended Complaint's two contract claims generally, on the basis that neither states facts suffcient to constitute a cause of action, and specially, on the bases that Haskell is not a proper party and t...

Excerpt: ...laint no later than five (5) days after service of written notice of this order. Plaintiff TGA F299 Franklin LLC's Request for Judicial Notice is GRANTED. Defendants Urban Flat, LLC's and Evan Haskell's Request for Judicial Notice is DENIED. Defendants Urban Flat, LLC ("urban") and Evan Haskell demur to the First Amended Complaint's two contract claims generally, on the basis that neither states facts suffcient to constitute a cause of action, an...

Excerpt: ... TO AMEND. The complaint contains many evidentiary allegations that Plaintiff was harassed on the basis of his Indian heritage. The Complaint, however, does not allege discrimination based on his Indian heritage. There are no allegations that Plaintiff was treated differently from any employees who were not of Indian heritage. The Complaint alleges that sexual harassment is actionable as discrimination if it is so severe or pervasive as to alter ...

Excerpt: ...ocedure Section 430.10(e). Counsel for Defendants shall prepare, circulate and submit a proposed Judgment of Dismissal. Each of the complaints in the consolidated achon is based on a 60-day notice and intent for the landlord and his family to move in under the City of East Palo Alto 2010 Rent Stabilization and Just Cause for Eviction Ordinance (the "Just Cause Ordinance"), with each notce stating: ...Landlord is in compliance with Sections 14.04....

Excerpt: ...ion for summary adjudication of issues. As a preliminary matter, the exhibits filed in support of this motion fail to comply with California Rules of Court rule 3.1110(f)(4). All future exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit. Failure to properly bookmark exhibits may result in rejection of the filin...

Excerpt: ... no merit against El Camino Motors. The Court exercises its discretion to not rule on Plaintiffs' Objections to UMFs 7, 8, 9, 18, 20, 36, and 39 (incorrectly cited as UMFs 6, 7, 8, 17, 19, 35, 38). None of the challenged material facts is material to the Court's disposition of the motion. (Code of Civ. Proc. S 437c, subd. Further, objections must be to evidence. Except for Objection No. 1, Plaintiff improperly objects to the undisputed Material F...

Excerpt: ...e CCP S 1094.5 and Vehicle Code Section S 13559 to Set Aside Suspension of Driving Privilege — DUI with Refusal of Chemical Test (Petition), March 2, 2023, Exh. A (CHP Form DS 367); Exh. E (CHP Form 202, Investigative Pettoner later pled guilty to driving in violation of California Vehicle Code, S 23152, subd. (b), which provides, in pertinent part, that "[i]t is unlawful for a #rson who has 0.08 #rcent or more, by weight, of alcohol in his or ...

Excerpt: ...gh its "mistake, inadvertence, surprise, or excusable neglect" on "any terms as may be just." Cal. Code Civ. Proc., S 473, subd. (b). The moving party must show that the act or omission resulting in the default is one that a reasonably prudent person might have committed under similar circumstances. Renteria v. Juvenile Justice, Dept. of Corrections & Rehabilitation (20436) 135 Cal.App.4th 903, 910. In addition, the party must show that the moton...

Excerpt: ...filed on April 6, 2023, is GRANTED-IN-PART and DENIED-IN-PART. Background. The Court's June 6, 2023 Order, which continued the hearing on this Motion to July 18, 2023, described the background of this case and this Motion at length, which the Court will not repeat here. The June 6, 2023 Order requested that Plaintiffs identify, out of the 48 RFPs initially raised by this Motion, the 20 RFPs that are most important to Plaintiffs' case. Following t...

Excerpt: ...of a residential property to Plaintiffs Jose Gonzalez and Faviola Gonzalez. Plaintiffs allege that the property contained construction defects. The first through fourth causes of action (breach of contract, breach of express warranw, breach of implied warranty, and breach of implied covenant of good faith) all depend on the allegation that Defendants Scott Duong and Leanne Duong were owners and sellers of the Subject Property. These claims fail t...

Excerpt: ... failed to serve the Notice prior to its filing, as required by Cal. Code Civ. Proc., S 405.22. Defendants assert that Plaintiff "filed a notice of the lis pendens action with the court without giving any notce to Defendants." MPA, at p. 4. Accordingly, Defendants assert that the Notice is wid and invalid pursuant to Cal. Code Civ. Proc., S 405.23. In response, Plaintiff contends that the Notice concerns a mobile home, which is not real property,...

Excerpt: ...counts therein. A. Legal Standard on Summary Judgment and Adjudication "A party may move for summary judgment in an action or proceeding if it is contended that the achon has no merit or that there is no defense to the action or proceedng." Cal. Code Civ. Proc., S 437c, subd. (a)(l). A party may also simultaneously move for summary adjudication as to individual causes of action as an alternative to summary judgment. ld., at subd. (f). A cause of ...

Excerpt: ... 425.15 is DENIED for the reasons set forth below. Plaintiff seeks to strike Defendants/cross-complainants' ("Defendants") Cross-complaint on the grounds that "the gravamen of the Cross-complaint against Cross-Defendant involves acts taken during litigation activities." MPA, at p. 2. Plaintiff argues that, "[iln essence, Cross-complainants are countersuing Cross- Defendant because Cross-Defendant threatened to file a lawsuit and did file a lawsui...

Excerpt: ...City's ("Plaintiff) Motion to strike Defendant's Cross- Complaint, and the Motion filed by Defendant's attorney, Joseph M. Goethals, to be relieved as Defendant's counsel. Mr. Mogannam has not responded to either motion. Mr. Goethals's unopposed Motion to be Relieved as Defendant's Counsel is GRANTED. Because Mr. Mogannam has not responded to Plaintiff's Special Motion to Strike the Cross-complaint pursuant to California Code of Civil Procedure, ...

Excerpt: ...de Civ. Proc., S 437c. Accordingly, BBV PSP's alternative Mohon for Summary Adjudication is DENIED AS MOOT. 1. Preliminary Matters a. Plaintiff has not demonstrated good cause to continue the hearing to conduct further discovery. Plaintiff argues that this Motion is premature, and that the hearing should be continued, because discovery is still on-going. Opp., at p. 9. The only discovery Plaintiff identifies as incomplete is the "conclusion" of Z...

Excerpt: ...ot plead facts establishing that C&W and/or Pope were negligent or breached any fiduciary duty owed to Plaintiff Cheese Bear, LLC ("Cheese Bear") or April Lee, DDS, MS, Inc. ("Lee," and collectively, Plaintiffs). Plaintiffs' lengthy Complaint includes numerous allegations of concealment and/or misrepresentation by the sellers of the property (that is, the Vorsatz Defendants), but it alleges almost no facts pertaining to these demurring Defendants...

Excerpt: ...USTAINED WITHOUT LEAVE TO AMEND as to the first, second, and seventh causes of action; and OVERRULED as to the third and sixth causes of action for the reasons set forth below. Plaintiffs Kamipeli Finau and Ateliana Finau shall file a second amended complaint no later than ten (10) days after written notice of this order. Defendants New Rez, LLC and The Bank of New York Mellon's Request for Judicial Notice is GRANTED as to the existence of the do...

Excerpt: ...2021). The Court GRANTS Defendant's Request for Judicial Notice of Defendant's Exh. A (Complaint), but not for the truth of its contents (Cal. Evid. Code, S 452, subd. (d)(l)); and Exh. C (Judgment). The Court GRANTS Defendant's Request for Judicial Notice of the existence of Exh. B (De Melo Declaration), but DENIES Defendant's Request for Judicial Notice of the contents of Exh. B, with the exception of paragraphs 1-2 thereof, on the ground that ...

Excerpt: ...-complaint, which applies to the First Amended Verified Cross-complaint pursuant to stipulation of the parties, is DENIED. Cross-Defendant's Objections to Evidence are OVERRULED. Cross-Defendant's Evidentiary Objections Cross-Defendant's objections to exhibits submitted by Cross-complainant are substantially premised on the litigation privilege, Cal. Civ. Code, S 47, subd. (b). This privilege "applies to any communication (1) made in judicial or ...

Excerpt: ...der both Buchalter and Jaffer to pay me my share of the said properties as set out in the Operating Agreements." Deft.'s MPA, at p. 5. Defendant's motion, however, is both substantively and procedurally defective. The moton is procedurally defective because it fails to comply with the California Rules of Court relating to the formatting and content of the motion. First, Defendant's moton is single-spaced, in violation of Rule 2.108. Second, Defen...

Excerpt: ...Anthony J. Martinez ("Mr. Martinez") is to bring a copy of all Operating Agreements to the hearing. 2. Who are the "current lien holders" to whom Mr. Martinez stated in his May 17, 2023 email to Plaintiff's counsel that he would deed cwer the property? See Domingue Decl., Exh. B. 3. What are the terms of any loans from the lien holders or the basis of any liens? 4. What is the current valuation of the property, and what is the current amount owed...

Excerpt: ...tiff and Cross-defendant Puja Gupta ("Gupta") no later than thirty (30) days after service of written notce of this order. De Martini's Request for Judicial Notice is GRANTED as to exhibits A—I as to the existence of the documents as court records but not as to "the truth of matters stated therein." Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal.App.4th 1366, 1375. As a preliminary matter, the Notice of Motion lists the incorrect ad...

Excerpt: ...tions, filed April 6, 2023, is CONTINUED-IN-PART (to July 18, 2023), and DENIED-IN-PART. A. Non-compliant briefs 80th parties' Memoranda of Points and Authorities exceed the 15-page limit. Cal. R. Ct., Rule 3.1113(d). See Plaintiff's April 6, 2023 Memorandum (23 pages) and FCA US, LLC's May 10, 2023 Opposition brief (18 pages). Plaintiffs' non-compliant Memorandum is accompanied by a 100+ page Separate Statement, and a 485-page supporting declara...

Excerpt: ...DERS evidence sanctions and monetary sanctions, as set forth below. A. Terminating Sanctions Plaintiff failed to respond to form interrogatories, special interrogatories, and a request for production of documents. Following an informal discovery conference, the Court ordered Plaintiff to respond to all three sets of discovery. Plaintiff eventually provided responses to the form and special interrogatories, but not the document requests. The Court...

Excerpt: ...indicating that Geico committed acts that "were the legal (proximate) cause of injuries and damages to plaintiff." Complaint, 'l MV-I. The Court agrees. Because there are no facts to indicate that Plaintiff's injuries were caused by Geico, Plaintiff cannot state a cause of achon for negligence against Geico resulting from the alleged motor vehicle accident. Geico further asserts that a direct action against an insurer is not allowable until after...

Excerpt: ...s of service of written notice of entry of this order. Plaintiffs shall not file any Request for Entry of Default against Bragg or Silicon Valley Real Ventures before that date. California Code of Civil Procedure, section 1054, subd. (a) provides in pertinent part that When an act to be done, as provided in this code, relates to the pleadings in the action, ... , the time allowed therefor, unless otherwise expressly provided, may be extended, upo...

Excerpt: ... order granting Plaintiffs' Special Motion to Strike in part (the "Anti-SLAPP Motion"), pursuant to California Code of Civil Procedure, secton 425.16 subd. Plaintiffs are entitled to an award of reasonable attorneys' fees incurred in connection with that portion of the motion that was granted. Richmond Compassionate Care Collective, Inc. v 7 Stars Holistic Found., (2019) 33 Cal.App.5th 38, 45. The majority of Plaintiffs' fees were incurred in con...

Excerpt: ...END as to all asserted causes of action. Cal. Code Civ. Proc., S 430.10, subd. (e). Defendants' March 20, 2023 Request for Judicial Notice is GRANTED. Cal. Evid. Code, S 452, subd. (d). The Court takes judicial notice of the documents attached to the Declaration of Susan K. Riggio, but does not take judicial notice of the truth of statements or allegations therein. Applicable legal principles In reviewing a demurrer, the Court assumes that all pr...

Excerpt: ...). A. Legal Standard for Judgment on the Pleadings A defendant may move for judgment on the pleadings on the grounds that "the complaint does not state facts sufficient to constitute a cause of action against that defendant." Code Civ. Proc., S 438, subd. (c). "The grounds for motion provided for in this section shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice." ld., at ...

Excerpt: ...laintiffs' Judicial Council form FAC alleges that six causes of action are attached at item 10: (1) Motor Vehicle, (2) General Negligence, (3) Intentional Tort, (4) Fraud, (5) Breach of Contract, and (6) Extortion. However, there is only one attachment, which is entitled "NEW DISCOVERY AMENDMENT TO COMPLAINT FOR AUTO FRAUD, BREACH OF CONTRACT, DISCRIMINATION & INTENTIONAL & INFLICTED EMOTIONAL DISTRESS," which appears to intend to name four cause...