Excerpt: ...rule 3.1110 [the Notice “must specify” the location of the hearing].) Defendants Borislav Deianov and Nandita Deianova's motion to strike from plaintiffs' First Amended Complaint (FAC) the last sentence of paragraph 28 and the entirety of paragraphs 3 -5 of the Prayer for Relief is DENIED. 1. Timeliness of Motion It is unclear from the Court's files whether defendants' motion to strike is timely. Plaintiffs' FAC naming defendants Borislav De...

Excerpt: ...ctions 2698, et seq. The case was tried in two phases — liability and damages. On January 11, 2024, the Court issued a judgment in favor of plaintiff and against defendants Sunnyvale Massage, LLC and Lisa Meteyer (defendants) in the amount of $389,880. (Declarat ion of Stan S. Mallison [Mallison Decl.], ¶¶ 2- 8.) The Court denied defendants' motion for a new trial on March 26, 2024. A. Plaintiff's Request for Attorneys' Fees is Reasonable Pla...

Excerpt: ...written noti ce of entry of order. (Code Civ. Proc., § 472b; Cal. Rules of Court, rule 3.1320(g).) Defendant Google's March 21, 2024 Request for Judicial Notice is GRANTED as to Exhibit A (website Terms of Service) (Evid. Code, § 452, subd. (h), and GRANTED as to Ex hibits B -G (court -filed documents) (Id., § 452, subd. (d).) A. Preliminary Matters 1. Defendant's Failure to Meet and Confer Defendant Google has not complied with the meet and ...

Excerpt: ... notice and hearing, make an order, no later than the close of pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case, except for special defenses which may be tried first pursuant to Sections 597 and 597.5. The purpose of Section 598 is ...

Excerpt: ...s here for summary judgment on the grounds that each claim of the First Amended Complaint (the “FAC”), which asserts causes of action for violations of the Fair Employment and Housing Act (the “FEHA”) in a single count, are timebarred. The County also moves for summary adjud ication of pre-2015 violations of the FEHA in the alternative. In support of both grounds, the County contends that Plaintiff Catherine Baker failed to exhaust her ad...

Excerpt: ...l notice only as to the existence of these records, and not as to the truth of the factual matters contained therein. (Dominguez v. Bonta (2022) 87 Cal.App.5th 389, 400.) For the following reasons, however, Defendants' Motion for Summary Judgment and/or Summary Adjudicat ion is continued to August 19, 2024. In the operative Third Amended Complaint, Plaintiff alleges, in short, that the parties entered into a settlement agreement in 2015 resolving...

Excerpt: ...o exercise discretio n liberally to permit amendment of pleadings. (Code Civ. Proc. Sect. 473; 576; Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939; Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 564.) Relevant procedural history. On July 10, 2023, the Court sustained, in p art, Defendant Tesla's Demurrer to Plaintiff's Third Amended Complaint, with respect to the second, third, fourth, fifth, and sixth causes of action therein, without leave to...

Excerpt: ...ions 426.30( a), 430.10(e). Defendants' Request for Judicial Notice is GRANTED pursuant to Cal. Evidence Code Section 452(d). Cal. Code of Civil Procedure Section 426.30(a) provides: “Except as otherwise provided by statute, if a party against whom a complaint has been filed and served fails to allege in a cross -complaint any related cause of action which (at the time of serving his answer to the complaint) he has against the plaintiff, such ...

Excerpt: ...ted two additio nal supplemental briefs and this tentative addresses those additional arguments and evaluates several authorities not cited in the last tentative and expands upon some authorities cited before. The Court very much appreciates the parties' additional work. The Court GRANTS the parties' requests for judicial notice. Evid. C. §§451 - 453. This action concerns the founding of two aerospace companies: “Original Firefly,” in whic...

Excerpt: ...tice (RJN) is GRA NTED. (Evid. Code Sect. 452(b) [regulations & legislative enactments]; 452(c) [official acts of legislative, executive, or judicial departments of federal or state government]; 452(d) [court records].) As with all documents subject to judicial notice, the Court takes judicial notice of their contents and filing dates, but not the truth of statements or allegations therein. Plaintiff's 4 -18 -24 RJN is GRANTED. (Evid. Code Sect....

Excerpt: ...nt San Bruno Park School District's Demurrer to Complaint (the “Davis Declaration”). The Davis Declaration was not filed “with the Demurrer” on March 13, 2024, as required by section 430.41(a)(3), though its exhibit meet -and -confer letter was. The Davis Declaration was filed the following day. b. Legal Standards for Demurrer California Code of Civil Procedure section 430.30 provides that an objection to a complaint may be made via dem...

Excerpt: ...T, CORP. TEN TATIVE RULING: Defendants' Demurrer to Plaintiff's Complaint is OVERRULED. Defendants' Request for Judicial Notice is GRANTED, but only as to the existence of the documents and not to any particular construction of its terms or the truth of any matter the rein. (See MiddlebrookAnderson Co. v. Southwest Sav. & Loan Assn. (1971) 18 Cal.App.3d 1023, 1038.) Plaintiff's Request for Judicial Notice is GRANTED, but only as to the existence ...

Excerpt: ... RJN is GRA NTED pursuant to Cal. Evidence Code, section 452, subdivision (d). Plaintiffs' Objection No. 1 to paragraph 4 of the Declaration of Timothy Logue is SUSTAINED on the grounds of hearsay and lack of foundation. Plaintiffs' Objection No. 2 to paragraph 6 of the Declaration of Timothy Logue is SUSTAINED on the ground of lack of personal knowledge. Plaintiffs' Objection No. 3 to paragraph 7 of the Declaration of Timothy Logue is OVERRULED....

Excerpt: ...ired) conce rning, inter alia, Wu's notice of deposition of TPMG's persons most qualified to testify on specified topics and attendant requests to produce specified categories of documents at the depositions. (Sept. 7, 2023 Order Re: Discovery, at p. 1.) The Court s ustained and overruled certain objections to both the topics and requests and ordered TPMG to “immediately identify the Person(s) Most Knowledgeable immediately as to Topics Nos....

Excerpt: ...promissory not e to Prieto in the amount of $260,000. Prieto — their real estate agent — had loaned cross -complainants $260,000 in connection with a real estate transaction. Cross -complainants contend that in November 2015, Prieto demanded repayment of the loan. They informed her that they were in the process of a cash- out refinance of their property and would repay the loan once that transaction closed. Prieto allegedly agreed to wait un...

Excerpt: ...Development and Javier Chavarria's motion to vacate. Preliminary Matters Initially, the court notes that real parties moved pursuant to Code of Civil Procedure section 633 (all further statutory references are to the Code of Civil Procedure) in their initial notice (no tice at p. 2), but corrected that typo in their amended notice (amended notice at p. 2.) The court considers the motion pursuant to the standards of section 663. Petitioners/Plaint...

Excerpt: ...f Brian Dworetzky within five days after notice of entry of order. The parties are to meet -and -confer regarding modifying the deadlines in the court's pretrial order and the discovery cut -off and provide a stipulation and proposed order regarding the extending of any pretrial da tes. If the parties cannot agree, the parties will hold an informal conference, which can be arranged by the parties jointly emailing Department 4. In this case, plai...

Excerpt: ...facts by the parties cannot be resolved on plaintiffs' motion and in furtherance of the ends of justice, a trial should be set on the issue of damages. (See 7 Witkin, Cal. Proc. (6th ed., Mar. 2024 Update) Trial § 397; Fairbank, Cal. Prac. Guide: Civ. Trials & Ev. (Rutter, Oct. 2023 Update) ¶¶ 4:368 – 4:370.) While the court never issued a formal order of bifurcation, the parties agreed and the court conducted the February 16, 2023 on the is...

Excerpt: ... (See Cal. R ules of Court, rule 3.1110 [the Notice “must specify” the location of the hearing].) Plaintiff Debt Management Partners, LLC's unopposed motion for entry of judgment pursuant to written stipulation of all parties is GRANTED pursuant to Code of Civil Proced ure section 664.6. Exhibit A to the declaration of plaintiff's counsel, John P. Kenosian, is the parties' conditional settlement agreement and stipulation for entry of judgment...

Excerpt: ...unfair compet ition, breach of fiduciary duty, fraud in the inducement, constructive fraud, and negligent misrepresentation in the First Amended Complaint (FAC). In the reply, defendants allege that plaintiffs failed to serve the opposition on them and, therefore, there is no opposition and the court should sustain the demurrer. Defendants also provided a substantive reply and because defendants have demonstrated no prejudice since they were abl...

Excerpt: ...e years of filing, ( 2) statute of limitations, and (3) discretionary dismissal for delay in service and prosecution. The court rules on the demurrer as follows: A. Legal Standard on Demurrer The purpose of a demurrer is to test the legal sufficiency of the facts 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 Cal. v. Association of Bay Area Gov'ts (2020...

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: ...: 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: ...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: ...ED in part. On April 6, 2023, the Court ordered Defendant Omar A. Hernandez Sr. aka Omar Hernandez Lopez aka Omar Alberto Hernandez Sr. aka Alberto Lopez aka Omar Alberto Hernandez Lopez (“Hernandez”) to serve verified and objection -free responses to CAB's document requests and to special interrogatories, no later than April 28, 2023, or fourteen (14) days after the service of CAB's Notice of Ruling. This Court also ordered Hernandez to pay...