Excerpt: ...st not use the information produced in this case in any other proceeding. The issue for the Court to resolve is whether the stipulated protective order, signed by the Court on October 19, 2021, allows Plaintiffs to use the information produced by Lei in this case to file cases in other jurisdictions to freeze her assets. A court may in its discretion enter a protective order to prohibit the disclosure of confidential information. See Raymond Hand...

Excerpt: ...ritten settlement agreement (AGREEMENT) providing LIU/AN pay IMUSIC a total of $53,767.33 in 20 monthly payments of $2,688.37 starting in January 2015.” Cross‐Complaint, p.8. The Cross‐Complaint further alleges that Cross‐Defendants Xiao Chen Liu and Peide An breached the settlement agreement by failing to make any payments following the first two installment payments. Id. As a result, the Cross‐Complaint indicates that the settlement a...

Excerpt: ...s initial, 1‐3‐19 Complaint has not been previously amended. On 7‐12‐21, the Court denied, without prejudice, Plaintiff's previously‐filed motion for leave to amend the Complaint, on grounds that Plaintiff had not complied with CRC 3.1324. The Court's 7‐12‐21 Order stated in part: Subsection (a) of Rule CRC 3.1324 states that a motion to amend must … state what allegations are proposed to be added and where, by page, paragraph and...

Excerpt: ...and seeks damages from Defendant. It asserts no allegations pertaining to Defendant Nash. The attached Police Report does not cure this defect because the Police Report merely contains statements by a third party. Because the Complaint contains/sets forth no allegations pertaining to Defendant (or anyone for that matter), the Demurrer is sustained with leave to amend. Plaintiff shall file and serve her First Amended Complaint on or before January...

Excerpt: ...aim for false or fraudulent misrepresentation under Bus. & Prof. Code § 7160, he is entitled to attorney's fees as the “prevailing party.” The Court, however, has previously rejected this argument, asserted in Mr. Paycheck's opposition to Defendants' motion for attorney's fees. (9/30/21 Opposition, p.4) As noted in the Court's October 26, 2021 tentative ruling, which was incorporated in the Court's November 16 Order: Only one of Paycheck's f...

Excerpt: ...ing papers also contend that there are no facts in the FAC to support an award for punitive damages. In Mr. Duong's reply, he contends that Plaintiff does not have standing to assert a claim under the FDCPA because Plaintiff is not a “consumer” within the meaning of the Act. Mr. Duong also contends that he “cannot be liable for any of LEC's alleged misconduct because LEC is a California corporation and as such it bears its own liabilities, ...

Excerpt: ...unts based on: (1) an open book, (2) an account stated, and (3) goods sold and delivered. However, Plaintiff's MPA in support of the motion attempts to demonstrate that Plaintiff has established claims for (1) an open book, and (2) an account stated. (MPA, p.5‐7) Accordingly, because Plaintiff has addressed only two of its claims, Plaintiff has not demonstrated it is entitled to summary judgment. Nonetheless, the Court finds that Plaintiff has ...

Excerpt: ... the California Rules of Court, would have expired in March 2021 absent further tolling. Plaintiff Capital One Bank has not, however, established that this time period was further tolled. The only ground for tolling cited by Plaintiff is Code of Civil Procedure section 583.340, subdivision (c). But the critical factor in applying this exception is “whether the plaintiff exercised reasonable diligence in prosecuting his or her case” (Bruns v. ...

Excerpt: ...ion of an Informal Discovery Conference. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties. December 2, 2021 Law and Motion Calendar PAGE 4 Judge: HONORABLE DANNY CHOU Y. CHOU, Department 22 ______...

Excerpt: ...483.010 et seq. The Attachment Law requires strict construction; unless specifically provided for by the Attachment Law, no attachment procedure may be ordered by the court. Pacific Decision Sciences Corp. v. Superior Court (2004) 121 Cal.App.4th 1100, 1106. As the moving party, Plaintiffs have the burden of proving a proper basis for Attachment. C.C.P. 484.090. Plaintiffs assert claims for money had and received, conversion, and imposition of a ...

Excerpt: ...in the property. California law requires the rights of all parties in the subject property be determined before the partition of said property. Summers v. Superior Court, 24 Cal. App. 5th 138, 142‐143 (2018); Bacon v. Wahrhaftig, 97 Cal. App. 599, 603 (1950) (“No partition can be had until the interests of all the parties have been ascertained and settled by a trial.”); see also C.C.P. § 872.620 (“To the extent necessary to grant the rel...

Excerpt: ...nal infliction of emotional distress. In order to state a cause of action for defamation, Plaintiff must allege publication of a false, unprivileged and defamatory statement about him. The statement must be communicated to at least one person other than plaintiff who understands its defamatory meaning and that it refers to plaintiff. Shively v. Bozanich (2003) 31 C4th 1230, 1242. Plaintiff's FAC asserts that “Defendants have made false and defa...

Excerpt: ...tiff) is OVERRULED IN PART and SUSTAINED IN PART WITH LEAVE TO AMEND. 1. Plaintiff's First Cause of Action for Breach of Contract Against CSMC The demurrer to the first cause of action for breach of contract against CSMC is OVERRULED. The SAC alleges facts sufficient to establish that CSMC breached the Collaboration Agreement through its nonperformance. “[F]acts alleging a breach, like all essential elements of a breach of contract cause of act...

Excerpt: ...ING COMPANY; INEGRAL GROUP, INC., a California corporation; SC BUILDERS, INC., a California corporation; PERFORMANCE MECHANICAL, INC., a California corporation; RODDA ELECTRICAL, INC., a California corporation; BAY POINT CONTROL, INC. dba MARINA MECHNICAL, a California corporation; MYSON, INC./RETTIG USA, a Vermont corporation; and DOES 1‐50, inclusive, Defendants. AND ALL RELATED CROSS‐ACTIONS ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ...

Excerpt: ...ANDRADA'S FOUR FAMILY MEMBERS IN SBC CASE #18‐1724, MOTION FOR DEFENDANT SBC TO REOPEN ANDRADA'S COMPLAINTS AGAINST DEFENDANT PATRICK METERING FOR INVESTIGATION AND MURDERS OF ANDRADA'S FOUR FAMILY MEMBERS IN SBC CASE #14‐22198, AND MOTION TO STRIKE ON THE DEMURRER FILED BY DEFENDANT VIVIAN QUE‐AZCONA TENTATIVE RULING: 1. Demurrer The unopposed demurrer of Defendant Vivian Que‐Azcona is SUSTAINED WITH LEAVE TO AMEND. On August 5, 2020, th...

Excerpt: ... ) ) ) ) ) ) ) ) ) Case No.: CIV458258 Assigned For All Purposes to Hon. Danny Y. Chou ORDER DENYING ELIZABETH KARNAZES'S FURTHER REQUEST FOR AMERICANS WITH DISABILITY ACT CONTINUANCE OF HEARING AND GRANTING IN PART AND DENYING IN PART JUDGMENTCREDITOR/CROSS‐DEFENDANT JOHN J. HARTFORD'S MOTION FOR ATTORNEY FEES AND COSTS; Judgment‐Creditor/Cross‐Defendant John J. Hartford's Motion for Attorneys' Fees and Costs Incurred from April 1, 2017 to...

Excerpt: ...ember 17, 2021. First, the Complaint is uncertain. Code Civ. Proc. Sect. 430.10(f). Although uncertainty demurrers are generally disfavored (Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616), here, the Complaint alleges so few comprehensible facts that its leaves Defendant guessing as to the factual basis for the asserted claims. Plaintiff appears to allege Defendant law firm represented Plaintiff in a 2001 Worker's Compensation Ap...

Excerpt: ... because the challenged evidence is not deemed material to disposition of the motion. (Code of Civ. Proc. § 437c, subd. (q).) TCLC alleges claims of damages arising from being constructively evicted after Defendant De Ritz (“LANDLORD”) failed to make tenant improvements that were required by the Lease. LANDLORD's motion argues that (1) its obligation to perform never arose because TCLC failed to fulfill a condition precedent of providing pro...

Excerpt: ...mplant Dentistry Institute LLC to Active Status is DENIED. BAII seeks reconsideration on the ground that the Court erred in granting relief on the basis of Government Code section 12261(a)(2), but a section 1008 motion is not the proper vehicle for correcting judicial errors. Glob. Protein Prod., Inc. v. Le (2019) 42 Cal.App.5th 352, 364. Nonetheless, the Court has broad and inherent powers to reconsider its rulings (see, e.g., Marriage of Bartho...

Excerpt: ...s”) to defendant BBV, Nos. 24‐52, is GRANTED‐IN‐PART. The motion for protective order is GRANTED. In the Court's discretion, the sanctions requests are DENIED. The intrusiveness of Plaintiff's discovery requests clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence. Code Civ. Proc. Sect. 2017.020(a). Discovery rights are broad, but not limitless. The information/documents sought mus...

Excerpt: ...nd that the Complaint fails to state facts sufficient to constitute a cause of action. Defendants do not assert that the notice fails to advise them of the conduct alleged to have constituted a violation of Cal. Code Civ. Proc. § 1161(4). Rather, Defendants contend that the conduct alleged in the notice does not amount to a nuisance or violation of the law under Section 1161(4). Defendants' argument is unpersuasive for the reasons set forth belo...

Excerpt: ...d in an order for restitution in a prior criminal proceeding. According to Defendant, “There is privity between Plaintiffs and the State of California.” MPA, p.10. Defendant, however, presents no authority supporting the claim that victims or participants in a criminal trial are in “privity” with the State for purposes of application of res judicata or collateral estoppel in a subsequent civil proceeding. In his reply, Defendant acknowled...

Excerpt: ... Second Amended Complaint is OVERRULED. Plaintiff's FAC alleged violations of RESPA as the Fifth COA, and Defendants' demurrer to that pleading was sustained with leave to amend as to that COA so that Plaintiff could allege the alternate theory of violations of Cal. Bus. & Prof. Code §17200 et seq (UCL), as Plaintiff has done here in the SAC. Particularity Defendants argue that Plaintiff's UCL claim is not pled with sufficient particularity beca...

Excerpt: ...rer to each cause of action in the FAC based on uncertainty is OVERRULED. The “uncertainties” must be specified (Fenton v. Groveland Comm. Services Dist. (1982) 135 CA3d 797, 809), but Defendants fail to address this demurrer in their papers. The demurrer to the First Cause of Action for Quiet Title based on failure to state a claim is SUSTAINED WITHOUT LEAVE TO AMEND. This cause of action is based on Plaintiff's claim that his lease may only...

Excerpt: ...er of them Is Indigent. The court may waive the bond requirement when the appellant “is indigent and is unable to obtain sufficient sureties . . . .” (Code of Civ. Proc. § 995.240.) Nadine Bagnarol presents no evidence of her financial state. The Court cannot find that she is indigent for purposes of Section 995.240. Carolina Bagnarol claims that her only assets are her interest in the LLC, her interest in the Canyon and Vera properties, and...

Excerpt: ...The Attachment Law requires strict construction; unless specifically provided for by the Attachment Law, no attachment procedure may be ordered by the court. Pacific Decision Sciences Corp. v. Superior Court (2004) 121 Cal.App.4th 1100, 1106. As the moving party, Plaintiffs have the burden of proving a proper basis for Attachment. C.C.P. §484.090. Here, Plaintiffs have not demonstrated the probable validity of their claims against Defendant Jeff...

Excerpt: ...Civil Procedure § 425.17(b) arguments and explain how the facts of those cases are similar to the allegations of Plaintiff's complaint. Regarding Prong 1 of the Code of Civil Procedure § 425.16 analysis, the Court refers the parties to Bonni v. St. Joseph Health System (2021) 11 Cal.5th 995 and Park v. Board of Trustees of California State University (2017) 2 Cal.5th 1057, which were not cited in their briefs. Plaintiff shall refer to where in ...

Excerpt: ...e Court's July 27 ruling provides as follows: Once again, Petitioners have provided no clear argument or pertinent authority indicating that the judgment was issued based on an incorrect or erroneous legal conclusion. They want the Court to consider new alleged facts, which is not a proper basis for a motion to vacate. A motion to vacate the judgment may only be brought when the trial judge draws an incorrect legal conclusion or renders an errone...

Excerpt: ...s because it omits Defendant's apartment number. Defendant states in her declaration that she never received the notice of renewal of judgment in the mail and that she only learned about this case when Plaintiff started to garnish her wages. Fuentes Decl., ¶¶ 8‐9. Under these circumstances, Plaintiff's service of the notice of renewal is invalid. (See Moghaddam v. Bone, 142 Cal. App. 4th 283, 288 (2006).) Thus, the 30‐ day deadline to file ...

Excerpt: ... based on: (1) an open book, (2) an account stated, (3) money lent, and (4) money expended. However, Plaintiff's memorandum in support of the motion attempts to demonstrate that Plaintiff has established claims for (1) an open book, and (2) an account stated. (MPA, p.3‐5.) Accordingly, because Plaintiff has addressed only two of its four claims, Plaintiff has not demonstrated it is entitled to summary judgment. Nonetheless, the Court finds that...

Excerpt: ... the FAC that may rise to the level of oppression or malice is essentially a threat to coerce Plaintiff into settling its claims against Defendant by use of whistleblower claims. FAC, ¶ 59. Such conduct is protected by the litigation privilege. See Asia Inv. Co. v. Borowski, 133 Cal. App. 3d 832, 842 (Ct. App. 1982) (counsel's alleged threat to bring a CEQA action in order to induce plaintiff to settle was protected by the litigation privilege s...

Excerpt: .... 452(d). The doctrine of res judicata Under the doctrine of “res judicata,” or “claim preclusion,” a valid, final judgment on the merits is a bar to a subsequent action by parties or their privies on the same “cause of action.” Mycogen Corp. v. Monsanto Co. (2008) 28 Cal.4th 888, 896‐ 97; Amin v. Khazindar (2003) 112 Cal.App.4th 582, 589–590. Under this doctrine, all claims based on the same “cause of action” must be decided ...

Excerpt: ... a claim for unjust enrichment, while not a standalone cause of action, may be construed as a restitution claim. See Rutherford Holdings, LLC v. Plaza Del Rey (2014) 223 Cal.App.4th 221, 231; McBride v. Boughton (2004) 123 Cal.App.4th 379 (unjust enrichment was an attempt to plead a cause of action for restitution). However, Plaintiff's breach of contract claim pleads the existence of an enforceable agreement and its unjust enrichment claim cover...

Excerpt: ... notice under Code of Civil Procedure section 1005(b). Thus, this Motion is continued to provide adequate notice to Plaintiff First Resolution Investment Corporation (“Plaintiff”). Defendant is to provide notice of this new date to all parties and file the proof of service by November 22, 2021. If the proof of service is not filed showing timely service, the Court will not consider the motion. Additionally, the Court has reviewed Defendant's ...

Excerpt: ... Electric, Inc., Richard Wulff, and Ann Wulff. A. The Motion to Vacate Default Is Untimely. Before moving to vacate the default judgment, Defendants must first vacate the entry of default. A motion to vacate entry of default must be filed timely, but in no case more than six months after entry of default. Defaults were entered against Wulff Electric and Richard Wulff on September 29, 2020. Default against Ann Wulff was entered on October 13, 2020...

Excerpt: ...�21, 2‐ 8‐21, and 2‐9‐21, the opposition papers, filed 3‐9‐21, and the reply, filed 3‐16‐21. The Court did not need to consider the amended opposition papers of Plaintiff Mary Elizabeth LeMasters (“Plaintiff”), filed 10‐12‐21. The Court also did not consider Plaintiff's Exhibit Nos. 6‐ 20. Plaintiff attempted to file these documents under seal on October 12, 2021, pursuant to the parties' 6‐3‐20 Stipulation and Order...

Excerpt: ...he reason(s) stated below. The meet and confer requirement set forth in Code Civ. Proc. Sect. 430.41, which governs demurrers, is intended to ensure that the parties discuss, either in person or by phone, at least five days before a demurrer is filed, the issues to be raised in a demurrer, in the hopes that the parties can resolve their issues/objections informally and without the need for Court intervention. Here, the Zulch declaration supportin...

Excerpt: ...ason(s) stated below. First, Plaintiffs' 10‐22‐21 Reply brief, and the supporting Decl. of Michael Smith, include evidence that was not provided with DDLV's moving papers. Therefore, any party choosing to oppose the motion, including Continental, has not had a chance to respond to this new evidence. Further, and perhaps more importantly, counsel for DDLV and Continental have indicated to the Court that through their on‐going meet and confer...

Excerpt: ...re of the time and date of this hearing, the Court overlooks the defect. Plaintiff's counsel is also directed to comply with California Rules of Court and Local Rules of Court regarding electronically filed documents. Specifically, exhibits must be bookmarked. (CRC Rule 3.1110(f) [“electronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or lette...

Excerpt: ...ormation Radio dba Sing Tao Chinese Radio (“Defendants”) for Summary Judgment or, in the alternative, Summary Adjudication, to the Third Amended Complaint (“TAC”) by Plaintiff Ning Yuan Chang (“Plaintiff”), is DENIED. Defendants move for summary judgment on the grounds that: (1) none of the alleged statements were defamatory since they did not imply that Plaintiff was a murderer; (2) the alleged statements by Defendants were privilege...

Excerpt: ...could have reinstated the loan through a personal loan, which would have been approved given Charles Taniguchi's credit score, but Plaintiffs' responses indicate that they lack knowledge as to whether they could have obtained a personal loan using Marie Taniguchi's credit score. The Court agrees that the interrogatory does not require Plaintiffs to disclose their specific credit scores, but they have a duty to make reasonable efforts to obtain th...

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: ...n for conflict of interest based on a prior (successive) or current representation. Lynn v. George (2017) 15 Cal.App.5th 630, 638. A motion to disqualify requires the Court to consider a number of factors, including each party's right to counsel of choice, the challenged attorney's interest in representing a client, the financial burden on a client of changing counsel, any tactical abuse underlying a disqualification motion, and delay in seeking ...

Excerpt: ...D. This claim arises from Cross‐Defendant initiating this action on September 6, 2017. Thus, on the face of the FACC and the judicially‐noticeable facts, this claim is barred by the oneyear statute of limitations for FDCPA claims. See 15 U.S.C.A. § 1692k (“An action to enforce any liability created by this subchapter may be brought . . . within one year from the date on which the violation occurs.”). Cross‐Complainant Alfredo Andrade c...

Excerpt: ...ation of Civ. Code Sect. 8800. See 5‐10‐ 19 Complaint; Civ. Code Sect. 8800 (“In an action for collection of the amount wrongfully withheld, the prevailing party is entitled to costs and a reasonable attorney's fee.”). The Sarnas are the prevailing parties, having achieved their litigation objectives, given the Court's determination following the May 2021 trial that because Paycheck was not duly licensed at all times during the project, �...

Excerpt: ...ation of Instrument is SUSTAINED with leave to amend. The claim to cancel the Luthra Deed of Trust and the Trustee's Deed does not involve Stewart, which was not a party to the Deed of Trust or the Trustee's Deed. Cancellation of those instruments calls for no action on Stewart's part, and Stewart will be unaffected by the cancellation of those instruments. Plaintiff argues that consequential damages such as escrow and closing costs may be recove...

Excerpt: ...led with the Court. Although Defendant provides a copy of it with his reply, there is no indication that it was ever filed. Therefore, the Court has not considered it and proceeds to rule on the merits of this Demurrer. (2) In reviewing the FAC, the Court finds that the exhibits referenced in the FAC are missing. Defendant assumes that these missing exhibits are the same exhibits attached to the original Complaint for purposes of this Demurrer. H...

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: ... a complaint or cross‐complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds: … (e) The pleading does not state facts sufficient to constitute a cause of action. …” Cal. Code of Civ. Proc. § 430.30(e). With respect to the cause of action for breach of contract, the Court rules as follows. The FAC does not specify a particular contract term that...

Excerpt: ... is GRANTED IN PART, as follows: (1) Parenti's Petition for Preliminary Injunction is GRANTED IN PART. “An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for disclosing information, or because the employer believes that the employee disclosed or may disclose information, to a government or law enforcement agency, to a person with authority over the employee or another employee who has the autho...

Excerpt: ...ants Krafton Inc. and PUBG Santa Monica Inc.'s (collectively, “Krafton”) Motion to Compel Further Responses, filed 8‐10‐21, is DENIED, as set forth below. Because a substantial portion of the papers supporting and opposing the motion were filed under seal, the Court will send to the parties, by email, a more detailed explanation of the Court's Tentative Ruling. Krafton's motion seeks an order compelling Plaintiffs/Cross‐Defendants NetEa...

Excerpt: ...ndants contend the Court lacks subject matter jurisdiction in this case because “this action arises from claims relating to an administration of an estate in a foreign jurisdiction of a decedent who did not die in California nor leave property in California at the time of his death.” MPA, p.5. Defendants appear to be correct that all of Plaintiff's claims stem from Defendant Allison Lim's duties as executor of their father's estate, which was...

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: ...f ownership title of 50% in the subject property. As this seeks more than simple declaratory relief, and rather is an action to enforce the oral contract, trial preference is discretionary in the Court, pursuant to Section 1062.3(b). Further, Plaintiff admits that she presently has no ownership interest in the subject property – rather she is seeking to have an ownership interest transferred back to her. Plaintiff presents no declaration or oth...

Excerpt: ...hovel if that person comes near Defendant's birds. The Notice alleges Defendant's threat of violence is unlawful and constitutes a nuisance. A threat to inflict serious bodily injury on another person can, in some cases, constitute just cause for an eviction. See, e.g., Civ. Code 1946.2(b)(1)(F) (“… at‐fault just cause is …. any of the following: (F) Criminal activity by the tenant on the residential real property, …or any …criminal t...

Excerpt: ...nsel for Monterey met and conferred with counsel for Petitioners by email and telephone to discuss the issues raised by the Demurrer prior to filing the Demurrer. Kontabecki Decl., ¶¶ 7‐20. Monterey's Request for Judicial Notice is GRANTED. The Court takes judicial notice of the existence of the documents, but not the truth of the matters within them. The Court notes that the official writings are not certified, but there is no objection by P...

Excerpt: ...notice of motion filed August 20, 2021 lists three grounds for the motion: (1) Reconsideration of Statement of Decision; (2) Credit of Settling Surety Party; and (3) CrossDefendant prevailing party attorneys' fees. Notice at 2. His memorandum of points and authorities, however, only addresses the first issue, the Statement of Decision. Memorandum of Points & Authorities in Support of Motion re: Reconsideration of Statement of Decision filed Septe...

Excerpt: ...ds to be provided: Plaintiff William Lombardini's motion to compel further responses to Form Interrogatory 17.1 is GRANTED. A. Subpart (b) ‐ Facts Explaining the RFA Denials Defendant's Opposing declaration states, “I . . . generally described the nature of the assistance and/or guidance I provided to him in the interrogatory responses.” (Decl. of Makada ¶ 4.) This is not accurate. Defendant's response to that “Mr. Lombardini had difficu...

Excerpt: ...oduction of Documents (RFPs) to Defendants Dr. Ihab Hanna and the two “Entity defendants” (Defendants “BAII” and “BAIC”), is GRANTED‐IN‐PART and DENIED‐IN‐ PART, as set forth below. Protective Order Defendants have raised HIPAA/privacy/trade secret concerns regarding documents that may contain (dental) patient information, and Defendants have requested that Plaintiff agree to sign a Protective Order addressing these concerns/o...

Excerpt: ... motion for summary judgment and alternative motion for summary adjudication of issues is denied in its entirety. The Court sustains Defendant's Objection to the Police Report, showing that the collision occurred in the Number 2 lane, just 100 feet south of the University Avenue Exit, as unauthenticated and hearsay. The Court exercises its discretion to not rule on the remainder of Defendants' objections, since the challenged evidence is not mate...

Excerpt: ...�PART and DENIED‐IN‐PART, as set forth below. Plaintiff's request for an order holding Defendants in contempt and/or issuing an OSC is DENIED. Having reviewed the evidence, the Court finds it does not clearly demonstrate that Defendants willfully disobeyed the Court's 4‐9‐21 Order. Chapman v. Superior Court (1968) 261 Cal.App.2d 194, 200‐201. The 4‐9‐21 Order awarded attorney's fees and costs to Plaintiff following Plaintiff's accep...

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...

Excerpt: ...Judgment. Pursuant to Code Civ. Proc., § 1285.4, a petition to confirm an arbitration award must (1) set forth the substance of the agreement to arbitrate, (2) set forth the names of the arbitrators, and (3) set forth or attach a copy of the arbitration award. The unopposed Petition complies with these requirements. The arbitrator's Final Award was issued on March 8, 2021. The present Petition was timely filed and served in accordance with Code ...

Excerpt: ...mpel further responses to Form Interrogatory 17.1 is GRANTED. A. Subpart (b) ‐ Facts Explaining the RFA Denials Defendant's Opposing declaration states, “I . . . generally described the nature of the assistance and/or guidance I provided to him in the interrogatory responses.” (Decl. of Makada ¶ 4.) This is not accurate. Defendant's response to that “Mr. Lombardini had difficulty resolving cases without assistance” and “Mr. Makada wa...

Excerpt: ...issued its remittitur. The Demurrer of Defendants Richard George and Sandrine Clark (“Defendants”) to the Complaint of Plaintiff Triton Property Investments, LLC (“Plaintiff”) is OVERRULED. Defendants first argue that the Complaint fails to state facts sufficient to support an unlawful detainer claim because the Notice of Terminating of Tenancy (“notice”) was posted and mailed without any alleged attempt to personally serve the notice...

Excerpt: ...hat the People have not presented sufficient facts to establish that Yi may be held liable under the “Responsible Corporate Officer Doctrine” (RCOD). The People respond that “On June 8, 2021, Plaintiff filed its First Amended Complaint (attached hereto as Exhibit 3). In paragraph 5, Plaintiff amended the description of Defendant Yi and specifically included the language ordered by the court in its ruling on the demurrer.” The State has al...

Excerpt: ...� 452(d). Specially Appearing Defendants' Special Motion to Strike is GRANTED pursuant to Cal. Code of Civ. Proc. § 425.16. This Motion was initially set for August 23, 2021. The Court posted a tentative ruling for that hearing date indicating that the issues raised by the Special Motion to Strike were moot due to filing of FAC, which omitted the challenged causes of action. On the Court's own motion, that tentative order was vacated and hearing...

Excerpt: ...nts and Cross‐ Complainant's Motion to Compel Arbitration and Stay the Proceedings is GRANTED. The Build Contract contains the arbitration clause pursuant which the parties have agreed to arbitration. As California has a strong public policy in favor of arbitration, any doubts of arbitrability are resolved in favor of arbitration. Rice v. Downs (2016) 248 Cal.App.4th 175, 185. Thus, arbitration should be upheld “unless it can be said with ass...

Excerpt: ... to appear for deposition on October 11, 2021. In July 2021, counsel for SBM contacted Plaintiff's counsel in an attempt to schedule Mr. Agredano's deposition. Baarts Decl., ¶ 7. Plaintiff's counsel indicated that he was reaching out to Mr. Agredano to determine his availability. Id. However, Plaintiff's counsel did not follow up and, as a result, on July 22, SBM served a deposition notice setting Mr. Agredano's deposition for August 12. Id., ¶...

Excerpt: ...n these consolidated cases, is GRANTED. Code Civ. Proc. Sect. 437c. This case has been consolidated with Case Nos. CIV526396, 17CIV00114, and 21CIV01178. The four operative Complaints initially asserted additional claims against defendant RH, several of which were previously adjudicated in RH's favor. At present, the remaining causes of action against defendants RH and Larry Young are (1) violation of Civ. Code Sect. 2924c‐d; (2) wrongful forec...

Excerpt: ... cause of action alleges that a controversy exists in that (1) Plaintiffs contend that the only amount owed is $28,000, and (2) Defendant contends that Plaintiffs owe $195,156.79. (FAC ¶¶ 9 & 17.) Plaintiffs request a judicial declaration of the parties' obligations under the Note and Deed of Trust. “The issues to be addressed in a summary adjudication motion are framed by the pleadings.” (Wattenbarger v. Cincinnati Reds, Inc. (1994) 28 Cal...

Excerpt: ...ANY TENTATIVE RULING: The Demurrer of Defendants Saeed Amidi, an individual; Saeed Amidi, as Trustee of the Fatemeh Travajjoh Amidhozour Revocable Trust Dated May 24, 2002; Saeed Amidi, as Trustee of the Amended and Restated Fatemeh Travajjoh Amidhozour Revocable Trust Dated June 12, 2014; Rahim Amidhozour, an individual; and Amidi, LLC (“Defendants”) to the Complaint of Plaintiff Fatemeh Tavajjoh Amidhozour, individually and as Trustee of th...

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: ...tatutes of limitations. The motion for judgment on the pleadings as to the cause of action for unjust enrichment and for fraud for failure to state a claim is DENIED. Request for judicial notice are GRANTED as to court orders and the pleadings, but otherwise DENIED as irrelevant. Plaintiffs shall file and serve their Second Amended Complaint on or before October 20, 2021. The motion is granted on the ground that these claims are potentially barre...

Excerpt: ...y Adjudication is GRANTED. The Court also GRANTS summary adjudication on Issue Nos. 1 and 4 as to general negligence (but not gross negligence). The Motion for Summary Adjudication is otherwise DENIED. Plaintiffs Kurt and Elvira Reitman's 1‐15‐20 Complaint asserts three causes of action against Defendant Ngo: negligence, “gross negligence,” and loss of consortium. An amendment to the Complaint names another defendant in place of Doe 1. A ...

Excerpt: ...written First Amended Complaint (FAC) is very difficult to read and understand. Plaintiff may wish to remedy this issue/problem if a further amended Complaint is filed. Allegations. The FAC purports to assert claims against Defendants Gregory Menzel, an attorney, and Earl Daly, an alleged client of Menzel's, for negligence, fraud, “intentional tort,” “common count.” The FAC also makes references to Menzel's alleged “fiduciary duties,”...

Excerpt: ...ed a supplemental briefing schedule on the issue of Defendant's contestation of the Court's tentative ruling. The parties focused much of their briefing on the element of permanency pursuant to the ruling in Richards v. CH2M Hill, Inc., (2001) 26 Cal.4th 798 (excerpted at length in Plaintiff's sup. brief, pgs. 3‐4), which held that a continuing violation occurs when an employer's unlawful actions are (1) sufficiently similar in kind, (2) have o...

Excerpt: ...t al. (“Plaintiffs”) for Preliminary Injunction is GRANTED IN PART, as follows: Plaintiffs' Memorandum fails to comply with California Rules of Court Rule 3.1113(f), as it does not include a table of contents and table of authorities. However, the Court declines to deny the Motion on this ground or to strike the Memorandum, but CAUTIONS Plaintiffs to comply with this rule in the future. Plaintiffs' proposed preliminary injunction seeks the fo...

Excerpt: ...oena for business records is GRANTED for the reasons set forth below. On January 15, 2021, Defendants served Dr. Barbara Berglund Sokolov with a subpoena seeking production of her communications with third parties. (Gasaway Decl., Ex. 3.) Before producing those communications, the Commissions' counsel, pursuant to Civil Code section 1798.24, subdivision (k), notified all individuals whose personal information might be produced that their personal...

Excerpt: ...cularized facts creating a reasonable doubt that (1) the directors are disinterested in and independent of the challenged transaction; or (20 the challenged transaction was otherwise the product of a valid exercise of business judgment. (Charter Township of Clinton Police & Fire Retirement System v. Martin (2013) 219 Cal.App.4th 924, 935‐940; Bader v. Anderson (2009) 179 Cal. App. 4th 775, 787.) The test is disjunctive. A director is not “dis...

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: ...supervisor at Mark Thomas & Company (“Mark Thomas”) and for him to produce documents. Plaintiff claims that Defendants are on an improper fishing expedition, she has a privacy right in her employment records that Defendants cannot overcome, and that the document demands are impermissibly broad. Working backwards, the Court address the document demand first. Defendants acknowledge that Mark Thomas has already produced documents in response to ...

Excerpt: ...his Motion is whether emails and text messages between Plaintiff and Myers should have also been produced in response to Defendants' Second Amended Deposition Subpoena. (See Ewins Decl., Exh. A.) The document request at issue states: All DOCUMENTS (which is defined herein to mean any writing as defined by California Evidence Code Section 250) and other records (including, but not limited to, audio recordings, notes, treatment records, test result...

Excerpt: ... When ruling on a demurrer, a trial court must admit “all material facts properly pleaded” and “also give the complaint a reasonable interpretation, reading it as a whole and its parts in their context.” Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38. Moreover, “[i]f the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of th...

Excerpt: ...t Co. (1937) 24 Cal.App.2d 220, 221‐223 [where an individual defendant resides in a different county from that in which a corporate defendant's principal place of business is located and the action is brought in a third county, the individual defendant is entitled to a change of venue to the county in which the corporate defendant's principal place of business is located].) It is ordered that venue of this action be transferred to Los Angeles C...

Excerpt: ...Opposition papers were untimely filed per Code Civ. Proc. Sect. 1005(b), the Court, in its discretion, has considered them in addressing the motion's merits. The Court recognizes that, according to Husain's Opposition papers, he assigned the 2012 CIT Judgment to his son on 9‐9‐21, two days after Husain's Opposition papers were due. Code Civ. Proc. Sect. 1005. The timing of that purported assignment raises concern, to say the least. Nonetheles...

Excerpt: ...as a declaratory judgment and a permanent injunction enjoining Defendant Palo Alto Park Mutual Water Company (PAPMWC) from further attempts to shut off Plaintiff's water in an attempt to collect amounts incurred by other account holders, including the property owner, for water service to 227 Green Street. Public Utilities Code section 777, subdivision (b) requires Defendant PAPMWC to “make every good faith effort to inform the residential occup...

Excerpt: ...t forth below. Defendant's demurrer based on uncertainty is SUSTAINED with leave to amend. Plaintiffs have not cured some of the defects from their prior complaints, rendering the Fourth Amended Complaint fatally uncertain. First, the FAC alleges that Plaintiff Mayer agreed at the December 3, 2017 meeting with Pepe that the noise level was acceptable. This allegation appears to contradict the allegation that the meeting was part of Defendants' co...

Excerpt: ...h below. The Motion for Summary Adjudication is DENIED with respect to Plaintiff's Second and Third causes of action. Consequently, the Motion for Summary Judgment is also DENIED. Defendant SBM seeks summary judgment as to the claims asserted by Plaintiff Maria Recinos. 1st & 4th COA – Discrimination and Retaliation With respect to Plaintiff's first cause of action for discrimination and Plaintiff's fourth cause of action for retaliation, Defen...

Excerpt: ...: The County moves for summary judgment to the FAC and for summary adjudication to the count for dangerous condition of public property. (See County's Notice of Motion.) It appears that there is only one count alleged against the County for dangerous condition of public property in the FAC though. (See County's Appendix of Evidence, Exh. 2.) Moreover, the County seeks both summary judgment and summary adjudication based on the same three grounds....