Excerpt: ...n alleged oral agreement between the parties to transfer title to a house purchased solely in Defendant's name into the parties' names jointly. The operative verified First Amended Complaint (“FAC”) brings causes of action for (1) quiet title; (2) declaratory relief; (3) partition and accounting; (4) fraud; (5) constructive fraud; (6) negligent misrepresentation; (7) breach of fiduciary duty; (8) imposition of a constructive trust; (9) to e...

Excerpt: ... the documents and not to the truth of any matter therein (see Middlebrook- Anderson Co. v. Southwest Sav. & Loan Assn. (1971) 18 Cal.App.3d 1023, 1038), and DENIED as to nos. 5– 6 as irrelevant. Plaintiffs JW Properties Development, LLC's and 430 Eddy St. Associates, LLC' s Request for Judicial Notice is GRANTED as to items nos. 1 –2, but only as to the existence of the documents and not to the truth of any matter therein (see Middlebrook -A...

Excerpt: ...l. Rules of Court, rule 3.1110(f)(4).) The trial court has discretion under Code of Civil Procedure section 437c to overlook procedural errors in the moving and opposition papers, if the evidence presented warrants it though. (Zimmerman, Rosenfeld, Gersh & Leeds LLP v. Lars on (2005) 131 Cal.App.4th 1466, 1478.) The Court exercises its discretion to overlook this defect, but Defendant is cautioned to comply with this rule in the future. BACKGROUN...

Excerpt: ...tion contained a request for judicial notice of three exhibits. To the extent plaintiff requested this court take judicial notice of exhibits 1 -3 with respect to the instant motion for leave to conduct specified discovery, the request is GRANTED, BUT NOT FOR THE TRUTH OF THE MATTERS ASSERTED. (Evid. Code, §§ 452, 453.) On January 16, 2024, plaintiff Hamid Khazaeli in propria persona brought the underlying action arising out of circumstances r...

Excerpt: ...OUT LEAVE TO AMEND w ith respect to the First, Second, Third, and Fifth Causes of Action pursuant to Cal. Code of Civil Procedure Sections 430.10(e), 335.1, 340.5, 340(c). The Demurrer to the Fourth Cause of Action for Fraud is SUSTAINED WITH LEAVE TO AMEND to allege a cause of action for fraud, because leave had not been previously granted to add an additional cause of action. Defendants' Request for Judicial Notice is GRANTED pursuant to Cal. E...

Excerpt: ...r Judicial Notice (RJN) is GRANTED. (Evid. Code Sect. 452(d).) Ferrari N.A.'s dismissal in Case No. 18CIV06808 was without prejudice, and thus does not bar/preclude a subsequent suit against Ferrari, N.A., assuming the statute of limitations has not expired. As Ferrari notes, on 6 -27- 23, in Case No. 18CIV06808 (the “2018 case”), the Court issued an Order dismissing Ferrari N.A. pursuant to Code Civ. Proc. Sect. 583.210(a), which mandates di...

Excerpt: ...��nding that Petitioner was driving with a BAC of 0.08% or higher. Although not contested, for completeness, the Court notes that it also finds the evidence supports reasonable suspicion for the stop and probable cause for the arrest and requiring Petitioner to submit to a BAC test. Second, DSO Medina's decision to suspend Petitioner's CDL was supported by her findings. Third, DSO Medina acted lawfully as a neutral factfinder and not as an adv...

Excerpt: ...) Pursuant To CCP §425.16 (Motion or anti -SLAPP Motion) is GRANTED. Defendant Stiles filed a first anti -SLAPP motion regarding the original Cross -Complaint's claim for abuse of process. Cross -Complainant then filed the FACC, which includes as its Ninth Cause of Action a re vised claim for Abuse of Process. This Court granted the anti -SLAPP motion as to the original Cross -Complaint. However, because Cross -Complainant's opposition to tha...

Excerpt: .... Defendants' o bjection to Plaintiff's Exh. 4 is SUSTAINED in part, in that the text messages contained in the exhibit that discuss offers to pay may not be used to prove liability for breach of contract, though they are admissible to show that the promissory note has no t been paid. Plaintiff objects to the Declaration of Bogdan Ryczkowski as unsupported by proper foundation and substantially hearsay. The foundation and hearsay objections are O...

Excerpt: ...osing party. (Hi ggins v. Del Faro (1981) 123 Cal.App.3d 558, 564- 565.) Accordingly, the Motion is only granted with respect to adding parties. The remainder of the Motion is denied for failing to comply with CRC Rule 3.1324. Defendants Cory L. Cooper and Dwell Realtors, Inc.'s (“Defendants”) position regarding the Motion being untimely is obviously well taken. Nevertheless, Defendants have been able to file a substantive response and have ...

Excerpt: ...omplaint no later than ten (10) days after service of notice of entry of the formal order. Defendant Izmirian Family Partners, LP's Request for Judicial Notice is GRANTED as to both items. According to the First Amended Complaint (FAC), sometime in early 2022, Plaintiffs and Cross -defendants Empire Movers USA, Inc. and its chief executive officer Ruslan Vdovin (collectively, Empire) were seeking a commercial space from which Empire could conduct...

Excerpt: ...n McSharry, et al., 23-CIV -05140, this Court granted a nearly identical anti -SLAPP motion brought by defendant Justin McSharry against plaintiff's nearly identical complaint. Defendants Shah and McSharry are represented by the same counsel. On March 20, 2024, Shah file d an unopposed motion for attorneys' fees. Shah represents that if the Court grants this motion, Mr. McSharry will not seek attorneys' fees. Pursuant to Code of Civil Procedure,...

Excerpt: ...les of Court, rule 3.1110 [the Notice “must specify” the location of the hearing].) Defendant Real Time's Motion for Attorneys' Fees is GRANTED. On December 18, 2023, the Court granted summary judgment in favor of Real Time and against plaintiff. (Declara tion of Samuel Trakhtenbroit [Trakhtenbroit Decl.], iso Mot. for Attorneys' Fees, ¶ 12; Order Granting Defendants' Motion for Summary Judgment, or Alternatively, Summary Adjudication, file...

Excerpt: ... Plaintiff by each Defendant, as well as to the Form Interrogatories, Set One, served on Plaintiff by Defendant Bay Area Obstetrics & Gynecology. The pending Amended Notice of Motion and Motion to Compel Responses to Discovery (the “Motion to Compel”) is timely and unopposed. Plaintiff sent an improper ex parte email to Department 4, not copied to Defendants, requesting a 12 -month continuance because she needs time to find an attorney and f...

Excerpt: ...iffs AJ Vasquez's and Jessica Vasquez's Further Responses to Requests for Production of Documents is GRANTED in part and DENIED in part. Plaintiffs AJ Vasquez and Jessica Vasquez shall provide further responses and produce all responsive documents in accordance with t hose further responses no later than ten (10) days after service of written notice of the formal order. Defendants Nationwide General Insurance Company and Allied Property and Casua...

Excerpt: ...l; 2. miscon duct of the jury; 3. excessive or inadequate damages; and 4. insufficiency of the evidence to justify the verdict or other decision, or the verdict or other decision is against law. (Code of Civ. Proc., § 657, subd. (1),(2),(5),(6).) A motion for new trial asks the court to reexamine one or more issues of fact or law after a trial. (Code of Civ. Proc., §§ 656, 657.) The motion is entirely statutory and the procedural requirements ...

Excerpt: ...ty in South San Francisco against Defendants Mitch Matsuno and Suryadi Koswara. On 3/29/2024, Plaintiff filed proofs of service of summons by personal service for each of the Defendants, purportedly at the property which is the subject of the action (100 Baden Ave #207, South San Francisco). On 3/29/2024, Plaintiff requested clerk's judgment for possession only, which was entered by the clerk on that day. Defendant Suryadi Koswara now moves the ...

Excerpt: ... subdivision applie s to a motion for summary adjudication though. (See Cal. Rules of Court, rule 3.1350(b).) Plaintiff seeks only summary judgment and does not also seek summary adjudication. (See Plaintiff's Notice of Motion.) Therefore, Rule 3.1350(b) does not apply here. Plaintiff seeks summary judgment to the Third Cause of Action for Breach of Lease, which is the only remaining cause of action in the FAC. The Third Cause of Action alleges b...

Excerpt: ...d Nov. 3, 2023, i s DENIED. (Code Civ. Proc. Sect. 438.) Defendants' 11 -3 -23 Request for Judicial Notice is GRANTED as to Exhibits 1 -2 and 6 -8 (Evid. Code Sect. 452(d)), and GRANTED as to Exhibits 3 -5 (Evid. Code Sect. 452(c).) As to court -filed documents, the Court takes judicial notice of their filing dates and contents, but not the truth of statements/allegations therein. Plaintiffs' 2 -20- 24 Request for Judicial Notice is GRANTED. (E...

Excerpt: ...es, Inc.'s First Am ended Cross -Complaint (“FACC”), filed September 6, 2023, is OVERRULED as follows. Failure to Allege Sufficient Facts The FACC alleges that “On or about November 27, 2019, HOME SAFETY tendered its defense to MUSIC, who denied defense claiming that it owed n o duty to defend or indemnity HOME SAFETY on grounds that HOME SAFETY had purchased its own liability insurance with VGM Insurance Services (“VGM”), and MUSIC's ...

Excerpt: ...the imprope r address for the hearing. Department 24 is not located in San Mateo, but instead at the Hall of Justice, Courtroom 2F, 400 County Center, Redwood City, CA 94063. (See CRC Rule 3.1110 [the Notice “must specify” the location of the hearing].) This is like ly moot in light of the fact almost all counsel appear via Zoom, but the Court notes it here just in case and for counsel's future reference. The Court now addresses the merits. T...

Excerpt: ...ious causes of action related to alleged abuse by former Deputy Probation Officer John Domeniconi. In this particular case, John JV Doe's allegations arise out of conduct that occurred between 2000 and 2003. (Second Amended Complaint (SAC) ¶33, 41.) By this Motion, Plaintiff seeks records from the San Mateo County Probation Department related to former Chief Probation Officer Stuart Forrest. Forrest was employed by the Probation Department from ...

Excerpt: ...ollision Inc. shall provide further responses to Plaintiff Joel Gomes' requests for production, set one, Nos. 38 and 46 no later than fifteen (15) days after service of written notice of this motion. Defendant AW Collision of SSF, Inc. shall provide further responses to Plai ntiff Joel Gomes' requests for production, set two, Nos. 39 and 45 no later than fifteen (15) days after service of written notice of this motion. Defendants Bobby Ali and ...

Excerpt: ...uses of action on the grounds that these claims should be brought derivatively by Plaintiff and she has no standing to bring them as direct claims. Defendant demurs to the third cause of action on the grounds that this claim fails to state facts sufficient to constitute a cause of action. CCP § 430.10(e). Plaintiff's single page, cursory Opposition is without merit A. Legal Standard on Demurrer The purpose of a demurrer is to test the legal suff...

Excerpt: ...ia influencer with an Instagram account through which she manages personal and business matters. In June 2022, Plaintiff realized her Instagram account Anickamcfall was hacked and then deleted. The hacker absconded with $16,000.00 that was held in the monetized accou nt linked to “the social media platform” and further held the accounts hostage to extort Plaintiff into paying money to restore them. The hacker did so by impersonating Instagra...