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...

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