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...

Excerpt: ...ng reviewed BG's moving papers and supporting evidence, the Court finds good cause to sign an expungement order (assuming it is in proper form), conditioned on BG giving an undertaking. (See id., S 405.33.) Further, BG's October 5, 2022 Request for Judicial Notice is GRANTED as to Exh. 1 (Evid. Code, S 452(c)), and GRANTED as to Exhs. 2-3 (ld., S 452(d)). Factual and Procedural Background. Plaintiffs allege that the subject residential real prope...

Excerpt: ...spose of all causes of action. Defendants' Alternative Motion for Summary Adjudication of Plaintiffs' Complaint is GRANTED-IN-PART and DENIED-IN-PART. Specifically, Defendants' Motion for Summary Adjudication is GRANTED as to Issues 4, 6, 12, 14, 16, and DENIED as to Issues 1, 2, 3, 5, 7, 8, 9, 10a, 10b, 11, 13, 15, 17, and 18. Defendants' Objections 1. Opposing Declaration of Randy Dizitser (Exhibit 3 to the Compendium of Evidence in Opposition ...

Excerpt: ... Dizitser") and Michelle Dizitser ("M. Dizitser") Crosscomplaint is GRANTED. The undisputed material facts show that the Cross-complaint has no merit and Cross-defendants AVJOG and Chadha are entitled to judgment in their favor. A. First Cause of Acton (Wrongful Eviction) 1. Issue 1: The Dizitsers Were Neither Parties to nor ThirdParty Beneficiaries of the Lease between AVJOG and MxM It is undisputed that the Dizitsers were not parties to the Lea...

Excerpt: ... to Evid. Code, S 452(d). The Court additionally takes judicial notice of the pleadings filed in related Case No. 1. Defendant Sarah Hillhouse's Demurrer to the 13th COA for Civil Embezzlement is OVERRULED The Court analyzed a demurrer to a similar COA in Plaintiff's Crosscomplaint in a related action, Case No. 22-CL_J-WCb40, and overruled the demurrer to that COA because the Court found that under a broad, liberal reading of the pleading, the Cr...

Excerpt: ...ENIED-IN-PART. (Cal. code Civ. Proc., SS 1281.2, 1281.4.) Plaintiff Brennan Lawson ("Plaintiff") has filed two actions against Defendant Meta. The two related cases inwlve substantially the same allegations against Defendant. The Court has already determined that the instant case (Case No. 22ClV03300, filed on August 11, 2022) is related to Case No. 22ClV02723, filed on July 5, 2022. (See October 10, 2022 Order Deeming Cases Related.) In this cas...

Excerpt: ...epartment's ("Defendant") Motion to Compel Plaintiff Joseph Echema's ("Plaintiff") Responses to Set No. 1 of Defendant's Requests for Production of Documents, Form Interrogatories, and Special Interrogatories and to Impose Sanctions is DENIED for the reasons set forth below. A. Defendant's Request for Order Compelling Further Responses Is untimely On March 26, 2021, Plaintiff served verified responses to Defendant's First Set of Requests for Prod...

Excerpt: ...nary matter, the Court notes that the Fund failed to separately and specifically set forth the grounds for the demurrer in violation of Code of Civil Procedure § 430.60; California Rule of Court Rule 3.1320(a). Despite this procedural defect, the Court considers the substance of the demurrer. The Fund challenges only CSNI's claim for quantum meruit. “To recover on a claim for the reasonable value of services under a quantum meruit theory, a pl...

Excerpt: ...A US, LLC (“FCA”). In connection with this transaction, Plaintiff received various warranties from FCA. The vehicle allegedly had multiple defects. On several occasions between 2019 to 2020, Plaintiff took the vehicle to FCA's authorized repair facility, Defendant Putnam Chrysler Jeep Dodge (“Putnam”), but Putnam was unable to successfully repair it. On January 1, 2021, Plaintiff filed this lawsuit, asserting claims against FCA for violat...

Excerpt: ...cation. (See Cal. Code Civ. Proc., § 437c, subd. (h) [“If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just.”].) The Code ...

Excerpt: ... he had been seen for a strained knee. Defendant demurred on the ground that emergency personnel are immune from all but grossly negligent conduct or acts not in good faith. Defendant's demurrer relies exclusively on the immunity provisions of Health and Safety Code section 1799.106. (See Demurer at p. 2.) Section 1799.106 confers immunity when emergency services are provided “at the scene of an emergency or during an emergency air or ground am...

Excerpt: ...f months after that purchase, Plaintiff's wife tried to make another purchase but was informed that the card balance was $0.00. Nordstrom investigated, discovered that the card had been used fraudulently, and issued a new gift card to Plaintiff's wife via email in the amount of the alleged loss, $483.21. Plaintiff filed a complaint against Nordstrom asserting causes of action for breach of contract, negligence, and statutory violations of the Con...

Excerpt: ...otal settlement with Plaintiffs was not in good faith. 1. Background These consolidated personal injury cases arise from an August 5, 2017 incident on the campus of Defendant Menlo College (“Menlo”) in Atherton, California. Plaintiffs Julie Dale, Jodi Cohen, Jasmine Garcia, Chris Garcia, Zealyn Garcia, and Irelyn Garcia (“Plaintiffs”) were attending a company picnic at Menlo's campus, under an oak tree, when a large branch fractured and s...

Excerpt: ...ce. While attempting to park, he “had an encounter” with Defendant Victoria Haller, who yelled at Caraway in a manner designed to intimidate him. She “screamed at him that she was going to call the police regarding what should have been a non‐incident.” The police arrived and arrested Plaintiff, ostensibly for ‘hit and run' though he never hit the Defendant Haller and never ran from the scene. These charges were reduced before he was ...

Excerpt: ...romissory Fraud is OVERRULED. (Cal. Code Civ. Proc., § 430.10(e).) Plaintiff has alleged sufficient facts to demonstrate justifiable reliance. (FAC ¶¶ 6‐7.) Second Cause of Action Defendant's general demurrer to the Second Cause of Action for Breach of the Implied Covenant of Quiet Enjoyment is OVERRULED. (Cal. Code Civ. Proc., § 430.10(e).) Plaintiff has alleged facts sufficient to plead this cause of action. (FAC ¶ 18.) The sole issue ra...

Excerpt: ...C‐21‐589223, filed in San Francisco County Superior Court in 2021. Plaintiff's Motion for an Order Coordinating the Actions is DENIED. Background In the instant action, Plaintiff's lawsuit concerns cosmetic medical treatments provided to her by Defendants Joel Beck, M.D. and Alice Tung, N.P., in 2016, which involved the use of the Ulthera System (“Ultherapy”) manufactured by former defendant Merz North America (“Merz”). Plaintiff file...

Excerpt: ...��Nordstrom”) but never used it. A little over a year later, Plaintiff's wife used the card for a small purchase. A couple of months after that purchase, Plaintiff's wife tried to make another purchase but was informed that the card balance was $0.00. Nordstrom investigated, discovered that the card had been used fraudulently, and issued a new gift card to Plaintiff's wife via email in the amount of the alleged loss, $483.21. Plaintiff filed a ...

Excerpt: ...vid Weiner received a $500 gift card for use at Defendant Nordstrom, Inc. (“Defendant” or “Nordstrom”) but never used it. A little over a year later, Plaintiff's wife used the card for a small purchase. A couple of months after that purchase, Plaintiff's wife tried to make another purchase but was informed that the card balance was $0.00. Nordstrom investigated, discovered that the card had been used fraudulently, and issued a new gift ca...

Excerpt: ...rm”) is DENIED. Plaintiff's Counsel's Declaration is Not Signed As an initial matter, the declaration of Plaintiff's counsel filed in support of this Motion is unsigned. (See Galligan Dec.) “Every pleading, petition, written notice of motion, or other similar paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party.” (Cal. Cod...