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: ...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: ...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: ...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: ...-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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...

Excerpt: ...ral Rules of Venue for Contract Actions As applied to this action, Code of Civil Procedure Section 395 provides two alternative bases for venue: Defendant's residence and the place where the contract was entered into or to be performed. (Cal. Code Civ. Proc., S 395, subd. (a).) Based on the facts of this case, venue based on the contract does not apply. 8. Section 395 Does Not Apply to this Case By the express language of Section 395, the locatio...

Excerpt: ...contends that the issues raised by his Motion have been resolved in part by the production of documents on November 8 and November 29, 2022, but that the issues of a privilege log and of sanctions have not been resolved. (See Reply, at p. 2:3-15.) Defendant's request for an order compelling production of any documents is now moot, as Defendant agrees that the documents were produced after the filing of the Motion. Defense counsel has sought a pri...

Excerpt: ...otection Act of 2019 (TPA). According to Defendant, "Although [the Thirty Day Notice to Terminate) purported to state 30 days' notice to tenants, it did not state the 'no fault — just cause' basis, which is critical for determining (at present and in hindsight) whether the TPA has been complied with." (MPA iso Demurrer, at p. 3.) In response, Plaintiff claims that the TPA does not apply because "The Complaint alleges that the lease at issue her...

Excerpt: ...ction Act of 2019 (TPA). According to Defendant, "Although [the Thirty Day Notice to Terminate) purported to state 30 days' notice to tenants, it did not state the 'no fault — just cause' basis, which is critical for determining (at present and in hindsight) whether the TPA has been complied with." (MPA iso Demurrer, at p. 3.) In response, Plaintiff claims that the TPA does not apply because "The Complaint alleges that the lease at issue here i...

Excerpt: ... quiet title and constructive trust are real property claims. 80th claims, if successful, would result in a change of title. However, as discussed below, Plaintiff fails to plead facts demonstrating the probable validity of any real property claims. 1. Quiet Title. The general rule is that the holder of equitable title cannot maintain a quiet title action against the holder of legal title. (Warren v. Merrill (2006) 143 Cal.App.4th 96, 113.) An ex...

Excerpt: ...otection Act of 2019 (TPA). According to Defendant, "Although [the Thirty Day Notice to Terminate] purported to state 30 days' notice to tenants, it did not state the "no fault — just cause" basis, which is critical for determining (at present and in hindsight) whether the TPA has been complied with." (MPA iso Demurrer, at p. 3.) In response, Plaintiff claims that the TPA does not apply because the "Complaint alleges that the lease at issue her...

Excerpt: ...t Protecton Act of 2019 (TPA). According to Defendant, "[a]lthough [the Thirty Day Notice to Terminate] purported to state 30 days' notice to tenants, it did not state the "no fault — just cause" basis, which is critical for determining (at present and in hindsight) whether the TPA has been complied with." (MPA, at p. 3.) In response, Plaintiff claims that the TPA does not apply because the "Complaint alleges that the lease at issue here is for...