Excerpt: ...t culminated with j ury verdicts on February 29, 2024, awarding damages to Plaintiff as follows: • Late charges and interest • Tenant expenses • Lost rent from 11/2018 to 6/2022 • Repair and remediation expenses $5,0621 $91,284 $8,425 $9,875 Prior to trial, Plaintiff s ettled with co-defendants the Polettis, for $400,000, and Alexander Malaspina, for $187,500, for a total of $587,500. Plaintiff's First Amended Complaint (FAC) alleged a nu...

Excerpt: ...plaint (“FAC”) by Pla intiffs 400 Concar Drive Tenant LLC (“Tenant”) and WeWork Companies U.S. LLC (“WeWork”) (also collectively “Plaintiffs”) is ruled on as follows: (1) Demurrer to the First Cause of Action for Breach of Contract and Second Cause of Action is OVERRULED on the ground that WeWork lacks standing to bring this action. “Every action must be prosecuted in the name of the real party in interest, except as otherwise p...

Excerpt: ...: BACKGROUND Plaintiff brings this action against her former real estate agent Cooper, arising from the sale of her former residence at 236 24th Avenue in San Mateo (“property”). At the time Plaintiff lived at the property for over 50 years and was 87 years old. Plaintiff retained Cooper, who worked for Dwell at the time, to assist her with selling the property. Plaintiff claims that Cooper pressured her not to list the property on the multip...

Excerpt: ... - 437.) Defendants' No tice of Motion incorrectly states that the hearing on this Motion will take place in Department 21. This matter will be heard in Department 24, located of 400 County Center, Redwood City, Ca. Defendants' Request for Judicial Notice (RJN) is GRANTED as foll ows: As to the document(s) filed in prior court proceedings, and as to the documents recorded with a County Recorder's office, the RJN is GRANTED. (Evid. C. § 452(...

Excerpt: ...ortation Holdings, L LC's and Akira Takei's Unopposed Motion to Dismiss for Lack of Prosecution, joined by Cross -Defendants Philip White and Brandon Lawrence, dba Sportscars Italiano, is GRANTED. Code of Civil Procedure § 583.360 provides than an action shall be brought to tr ial within five years after it was commenced. The five- year period begins to run on the date the action is filed against the defendant. Davalos v. County of Los Angele...

Excerpt: ...alleged in th e operative complaint to see whether they state a cause of action under any legal theory, as a matter of law. (New Livable California v. Association of Bay Area Governments (2020) 59 Cal.App.5th 709, 714 –715.) The demurrer may be made to the entire complai nt or to any of the cause of action therein. (CCP § 430.50(a).) To properly state a cause of action, a complaint must allege every element of that cause of action. (Shaeffer v...

Excerpt: ...ossession of the Property without permission of Plaintiff. Defendant's Demurrer is SUSTAINED with leave to amend. A. Legal standard on demurrer The purpose of a demurrer is to test the legal sufficiency of the facts alleged in the operative complaint to see whether they state a cause of action under any legal theory, as a matter of law. New Livable California v. Association of Bay Area Governments (2020) 59 Cal.App.5th 709, 714 –715. The demurr...

Excerpt: ... Song and Kooyeon Son g (collectively, “the Songs”). On January 18, 2023, the Songs crosscomplained against Streamlined and added Cross -defendant Paul Hugh Johnson, “the principal and officer” of Streamlined, in his personal capacity. (Jan. 31, 2024 Declaration of Paul Johnson (“Johnson Decl.”), ¶ 2; see id., at ¶¶ 4– 5 [referring to Streamlined as “my corporation”].) The Songs attempted to serve process on Johnson via Strea...

Excerpt: ...in April 2019, ab out five years ago. In February 2020, Defendant served Plaintiff with Form Interrogatories, Special Interrogatories, and Requests for Production of Documents, which broadly asked Plaintiff to explain the claims that Plaintiff was asserting against Defendan t, and the basis therefore. Plaintiff did not … and has never … serve(d) responses to the discovery requests. In May 2020 and again in Jan. 2021, Defendant's counsel sent...

Excerpt: ... of Action for Medical Malpr actice is SUSTAINED with leave to amend based on failure to allege facts sufficient to support this cause of action. The elements of a cause of action for medical malpractice are: “(1) the duty of the professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the negligent conduct and t...

Excerpt: ...r. (CCP § 430.41.) Cross -D efendant also failed to file a declaration regarding its meet and confer obligations. (CCP § 430.41(a)(3).) Since insufficient meet and confer efforts are not grounds to overrule or sustain a demurrer (CCP § 430.41(a)(4)), and Cross - Defendant's special dem urrer is without merit, the Court will reach those merits and OVERRULE the demurrer on those ground separate and apart from the failure to meet and confer. Col...

Excerpt: ... liberal allow ance of amendments should prevail. Nestle v. Santa Monica (1971) 6 Cal.2d 920, 939. California courts have held that for an original complaint, whether or not the plaintiff has requested leave to amend, denial of leave to amend constitutes an abuse of disc retion unless the complaint is clearly incapable of amendment. Tarrar Enterprises, Inc. v. Associated Indemnity Corp. (2022) 83 Cal.App.5th 685, 688 (quoting King v. Mortimer (19...

Excerpt: ...olo now moves for s ummary judgment (the “Motion”) pursuant to CCP § 437c as to the only cause of action in the Complaint on grounds that Lawrence is an independent contractor rather than Wonolo's employee, and thus Wonolo cannot be held vicariously liable for her torts. Plaintiff does not oppose the Motion. Only co - defendant Good Eggs opposes the Motion. For the reasons set forth below, the motion is GRANTED. Defendant's request for judic...

Excerpt: ...nants Christopher Campanile's and David Espie's Request for Judicial Notice is GRANTED as to all items. Amiseq moves here to dismiss Cross - complainants' operative cross -complaint for a failure to serve process within three years. A summons and complaint must be served within thr ee years after the action is commenced, and the proof thereof must be filed within sixty days thereafter. (CCP §583.210.) When service has not been made within this ...

Excerpt: ...the Court notes that although both Plaintiffs bring the present Motion to Compel (see 1 -12- 24 Notice of Motion [Plaintiffs Leonidas and Nestor Quezada will move this Court … for an Order compelling Defendant Jing Yuan to provide further response …]), Plaintiff Nestor Quezada did not serve the subject Special Interrogatories, and therefore has no standing to bring this Motion. This is noteworthy given Plaintiffs' repeated argument, both duri...

Excerpt: ...oss- Defendant”). The original Cross-Com plaint was served on Cross - Defendants on August 14, 2023. On October 12, 2023, Cross -Defendant Stiles timely filed his special motion to strike (“anti -SLAPP motion”) pursuant to CCP §425.16, directed at the tenth cause of action for abuse of process allege d against him in the original Cross -Complaint. After the Court sustained in part and overruled in part Cross -Defendants' separate demurrer...

Excerpt: ...r Responses to Special Interrogatories, Set One, is GRANTED IN PART. Plaintiff seeks to compel further responses from Defendant Ampex Engineering and Construction, Inc. (“Defendant”) to Special Interrogatories nos. 1 through 12, contending that Defendant's supplemental responses are insufficient. Specifically, Plaintiff argues that none of Defendant's objections have merit and the substantive portion of Defendant's supplemental responses are...

Excerpt: ...tional distress (“IIED”). Vinogradova demurs here to the second cause of action for IIED on the grounds of uncertainty and a failure to state facts sufficient to state a cause of action. (CCP §430.10(e) –(f).) A. Legal Standard on Demurrer The purpose of a demurrer is to t est the legal sufficiency of the facts alleged in the operative complaint to see whether they state a cause of action under any legal theory, as a matter of law. (New Li...

Excerpt: ... and to set aside the default and default judgment, if applicable, under CCP §473. Defendant's Motion is GRANTED. Where a motion for relief is not accompanied by an attorney affidavit of fault but is timely made, the court may grant discretionary relief from default taken against a party due to that party's mistake, inadvertence, surprise, or excusable neglect. (CCP §473(b).) The law favors judgment based on the merits, not based on procedural ...

Excerpt: ...- defendants Nite sh Hissaria and Digitize Solutions Private Limited (DSPL) is DENIED. Cross - complainants move here to enter the defaults of Cross -defendants Hissaria and DSPL on the Amended Cross -Complaint. Hissaria and DSPL are purportedly located in the Republic of India . Service of process on a person outside the United States may be made (1) as provided in part 2, title 5, chapter 4 of the Code of Civil Procedure, or (2) “if the court...

Excerpt: ...) The Court continued this Demur rer for Defendants to establish compliance with the meet and confer requirement under Code of Civil Procedure section 430.41, and to file a supplemental declaration establishing compliance with this requirement. Defendants' counsel previously filed a decla ration stating that the parties met and conferred by telephone on September 8, 2023, and also attached a meet and confer email to Plaintiff to confirm the co...

Excerpt: ...mary judgme nt, the cross -defendant has met its burden of showing that a cause of action has no merit if the cross - defendant has shown that one or more elements of the cause of action cannot be established, or that there is a complete defense to the cause of action. ( CCP §437c(p)(2).) Once the cross-defendant meets that burden, the burden shifts to the cross- complainant to show that a triable issue of one or more material facts exists as to...

Excerpt: ... Cros s-Complainant David Espie.” (Notice of Motion for Judicial Reference at 2; the “Motion”.) In its Reply, B of A clarifies that it seeks general consensual reference of all its claims against the CPQ Defendants (CPQ LLC, Campanile, and Espie; referred to col lectively herein as CPQ), while the other cross- claims against non-CPQ Defendants will remain with the Court. The Motion is GRANTED and the original Complaint and all causes of ac...

Excerpt: ...re early inve stors and shareholders, and “New Firefly,” a company which Plaintiffs allege was created by Defendants from the looted remains of Original Firefly. New Firefly's creation followed a scheme allegedly hatched by Defendants to defraud Plaintiffs and prevent them from protecting the value of their investments. The instant case (“the California action”) was stayed pending the disposition of a concurrent action which Defendants...

Excerpt: ...se (Annie Sammut, Cody Sammu t, and Artichoke Joe's) filed demurrers to Plaintiff's FAC. In an Order dated 1.31.24, the Court ruled on Cody Sammut's and Artichoke Joe's demurrer. Having reviewed the briefing here, the Court finds that the issues and arguments raised are substantially the same as those raised in the prior demurrers. The Court finds no basis to diverge from its previous ruling, as further explained below. Defendant's 10 -5 -23 ...