Excerpt: ... under seal the portions of his Memorandum of Points and Authorities that set forth portions of the parties' Settlement Agreement in a prior action. (See Mem. at pp. 7:11‐ 23, 13:21‐22, 13:25‐26). Additionally, Plaintiff moves to file under seal documents for which he requested judicial notice in Opposition to Defendant's Anti‐SLAPP Motion: (1) Exhibit B to the First Amended Complaint filed March 30, 2021 (Ex. 1); (2) Defendant's Answer t...

Excerpt: ...l. 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 raised by a general demurrer is whe...

Excerpt: ...aused some documents relating to the case, but not naming the complaint and summons, to be mailed to Defendants' counsel, apparently without first obtaining an agreement to accept service. Thereafter, on May 27, 2021, Plaintiff filed a “proof of service” indicating she had caused documents relating to the case, including the complaint, summons, civil case cover sheet, and ADR packet, to be mailed to Defendants Ana Maria Altube‐Starr and Ber...

Excerpt: ...eza, “replaced and repaired Plaintiff's front bridge so negligently that Plaintiff was unable to use it, endured pain and suffering, lost time at work, and was forced to incur the time and expense of obtaining a satisfactory bridge from another dentist.” (Comp., First Cause of Action – General Negligence, at p.1.) On November 4, 2019, Defendant filed the instant Motion for Summary Judgment (“MSJ”). Attached to the declaration of Defenda...

Excerpt: ...earings” or “Defendants”) own six parcels of real estate (the “Property”) in the “West of Railroad Planned Development (‘WRR PD') area” in the City of Half Moon Bay (“City” or “Plaintiff”). The City has exercised its eminent domain authority and, after paying $91,000 into the State Treasury seeks to take immediate possession of the Property. Defendants oppose the City's motion for pre‐judgment possession; the amount the ...

Excerpt: ...ow, Defendant's Demurrer to the First through Fifth Causes of Action on the ground that the Complaint fails to state facts sufficient to support each of these causes of action because AAUAC lacks standing to bring them, is SUSTAINED WITH LEAVE TO AMEND as to the First, Second, and Third Causes of Action, and OVERRULED as to the Fourth and Fifth Causes of Action. In addition, Defendant's Demurrer to the First, Second, Third, and Fifth Causes of Ac...

Excerpt: ..., Section 1946.2. The Complaint properly states a cause of action for unlawful detainer. The Notice expressly informed Defendants of Plaintiff's intent to sell the property, which is reasonably understood to mean Plaintiff is withdrawing it from the rental market in order to sell it, thereby constituting “just cause” for the unlawful detainer. Further, although Section 1946.2, subd. (d)(2) requires that the Notice state the amount of rent bei...

Excerpt: ...hat the Parties' met and conferred regarding the basis of Defendants' Motion to Strike Portions of the Plaintiff's Complaint as directed by the Court in its July 22, 2021 Order, the Court has reviewed the Parties' papers in support of and in opposition to the Motion and rules as follows. The Motion to Strike Portions of Plaintiff's Complaint filed by Defendants Rushmyfile, Inc., FMC Lending, Inc. dba American Private Money Group and Andrew A. Dio...

Excerpt: ...e Civ. Proc., §430.10(e). Plaintiff did not assert a fraud cause of action in his Second Amended Complaint. Plaintiff has stated facts sufficient to state a cause of action for failing to obtain Plaintiff's informed consent. Cobbs v. Grant (1972) 8 Cal.3d 229, 243 (holding that “as an integral part of the physician's overall obligation to the patient there is a duty of reasonable disclosure of the available choices with respect to proposed the...