Excerpt: ...nce's Shellfish Company, Inc. shall file its answer to the Complaint no later than ten (10) days after service of written notice of entry of this order. Defendant Vince's Shellfish Company, Inc. ("VS Co.") demurs to Plaintiffs Anna Marie Loftus', Rosanna Wieland's, and Jeanette Mary Wild's (hereafter collectively "Plaintiffs") Complaint—pursuant to Code of Civil Procedure, section 430.10, subdivision (e)—on the grounds that it fails to allege...

Excerpt: ...e of Action, titled unlawful Eviction, is based on Plaintiff's car being towed, which Plaintiff alleges constituted placing Plaintiff in a "state created danger" under the Due Process Clause of the 14th Amendment to the United States Constituton. (42 U.S.C. S 1983.) The First Cause of Action fails to state a legally cognizable claim for two reasons: 1. A local government entity, such as Defendant County Sheriff's Office, "may not be sued under Se...

Excerpt: ...controversy, the Court shall order the petitioner and the respondent to arbitrate the controversy it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waved by the petitioner; or (b) Grounds exist for the revocation of the agreement; or (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, ...

Excerpt: ...t 2022 through November 2022 relating to the Conservation of [Respondent) California Insurance Company (CIC) (Motion) came for hearing before this Court on June 1, 2023, at 2:00 p.m. All parties appeared through their counsel. Having considered all papers filed regarding the Mohon, oral arguments of the parties, any testimony and evidence presented at the hearing, and all other pleadings and papers on file herein, the Court GRANTS the Motion. DIS...

Excerpt: ...mmary Adjudication is DENIED as to Plaintiff's remaining claims for the reasons set forth below. Statute of Limitations —Relation Back Doctrine Defendant contends, first, that Plaintiff's causes of action are time-barred by the applicable statutes of limitations. Defendant cites Scherer v. Mark (1976) 64 Cal. App 3d 834, 842 for the rule that "Where no effort has been made to allege a cause of action against a fictitiously named Doe defendant, ...

Excerpt: ...s rule. The economic loss rule provides that a plaintiff may not recover purely economic damages for tort claims. See Jimenez v. Superior Court, (2002) 29 Cal.4th 473. The component exception to the economic loss rule states that the rule "does not necessarily bar recovery in tort for damage that a defective product (e.g., a window) causes to other portions of a larger product (e.g., a house) into which the former has been incorporated." ld. at 4...

Excerpt: ... is GRANTED in its entirety. (Evid. Code Sect. 452). As to documents filed in court, the Court takes judicial notce of their contents and filing dates, but does not take judicial notice of the truth of statements or allegations in the documents. Page limits. The City's Memorandum of Points & Authorities exceeds the CRC-imposed page limit. Counsel for the City will be expected to comply with all page limits going forward. In its discretion, the Co...

Excerpt: ... days after service of written notice of this order. Silvia Revolorio, Elmer Lopez, and Cristofer Lopez (hereafter collectively "Defendants") demur to the Complaint, pursuant to Code of Civil Procedure section 430.10, subdivision (e), contending that the notice to pay rent or quit served to Defendants (the "Notice") was required to indicate that payment of the overdue rent could be made by mail rather than simply by personal delivery. (See Apr. 1...

Excerpt: ...andatory dismissal statute Secton 583.310. Code of Civil Procedure Section 583.310 mandates that a civil action be dismissed for failure to prosecute if the case does not start trial within five years of filing: "An action shall be brought to trial within five years after the action is commenced against the defendant." This civil action was dismissed for failure to bring the matter to trial within five years. For the sake of argument, even there ...

Excerpt: ...i and Jackie A. Fagnani, and the defendant is Teiko Inuoe Lewis dba Peninsula Cleaners. First Amended Complaint ("FAC"), 1-3. The Second Settlement Agreement is signed between Fagnani Properties LP, John Fagnani, individually and as Trustee of the John and Jackie Fagnani Family Trust dated August 2, 1999, and Jackie Fagnani, individually and as Trustee of the John and Jackie Fagnani Family Trust dated August 2, 1999, on the one hand, and Teiko In...

Excerpt: ...s of service of written notice of entry of this order. Plaintiffs shall not file any Request for Entry of Default against Bragg or Silicon Valley Real Ventures before that date. California Code of Civil Procedure, section 1054, subd. (a) provides in pertinent part that When an act to be done, as provided in this code, relates to the pleadings in the action, ... , the time allowed therefor, unless otherwise expressly provided, may be extended, upo...

Excerpt: ... order granting Plaintiffs' Special Motion to Strike in part (the "Anti-SLAPP Motion"), pursuant to California Code of Civil Procedure, secton 425.16 subd. Plaintiffs are entitled to an award of reasonable attorneys' fees incurred in connection with that portion of the motion that was granted. Richmond Compassionate Care Collective, Inc. v 7 Stars Holistic Found., (2019) 33 Cal.App.5th 38, 45. The majority of Plaintiffs' fees were incurred in con...

Excerpt: ... SUSTAINED-IN-PART and OVERRULED-IN-PART, as set forth below. Page limits. Going forward, the parties are advised to strictly comply with stated page limits for all briefing. The CRC-imposed page limitations exist to insure brevity; they are not an invitation for parties/their counsel to gain additional pages by transferring large swaths of text into the footnotes. Footnotes should be used sparingly. Meet and confer. The 3-22-23 meet and confer d...

Excerpt: ...f Plaintiff's Complaint as a result of Plaintiffs failure to comply with the Court's November 4, 2023 Order compelling Plaintiff to serve responses to Defendant's Form Interrogatories, Set One, and Demands for Production, Set One, as well as Plaintiff's failure to submit any Case Management Statements ahead of scheduled case management conferences. Defendant's counsel states that "To date, Plaintiff has failed to comply with the Court's Order and...

Excerpt: ...tract is OVERRULED. The Court previously overruled the Demurrer to this claim in the original Complaint. Nevertheless, ARE argues that it may bring a demurrer to this claim once again because IncellDx filed a FAC. (See Carlton v. Dr. Pepper Snapple Group, Inc. (2014) 228 Cal.App.4th 1210- 1211.) While Carlton supports that ARE may bring a demurrer to this claim though, the Court is not persuaded that the breach of contract claim in the FAC necess...

Excerpt: ... language of the clause must be clear and unmistakable. Second, the delegation must not be revocable under state contract defenses such as fraud, duress, or unconscionability." (Aanderud v. Superior Ct. (2017) 13 Cal. App. 5th 880, 892.) The delegaton clause at issue does not pass this test. The Arbitration Agreement delegates to the Arbitrator questions of "whether a claim or dispute must be arbitrated." (Arbitration Agreement at 1, fourth full ...

Excerpt: ... cite Theresa D. v. MBK Senior Living LLC (2022) 73 Cal.App.5th 18 for their argument that the Residents Bill of Rights (Health & Saf. Code sect. 1569.261 et seq.) prohibits requiring a resident to sign a contract waiving jury trial rights "as part of the contract for, or as a condition of, admission" to a residential care for elderly facility. (ld. at 29.) The Arbitration Agreement in the present case is separate from the residency agreement, an...

Excerpt: ...o. (2021) 69 Cal.App.5th 243, 255.) As a preliminary matter, Defendants Horse Park at Woodside LTD ("Horse Park") and Bravo have waived the affirmative defense upon which they move for summary judgment. The defense they assert falls under the doctrines of waiver of liability and express assumption of risk. (See Coates v. Newhall Land & Farming, Inc. (1987) 191 Cal.App.3d 1, 7— 8.) Neither of these theories are implicated by any of the twenty-fi...

Excerpt: ...ority on this issue, and that the First Appellate District has recently held, in Dhital v. Nissan North America, Inc., 84 Cal.App.5th 828 (2022), that the economic loss rule does not bar fraudulent inducement claims based on concealment. Nonetheless, Defendant asserts that the Court should follow federal decisions, including Catherine Petersen v. FCA US LLC, No. CV 21-1386 OSF (EX), 2021 WL 3207960, at *5 (C.D. cal. July 8, 2021) and Tappana v. A...

Excerpt: ...dwood City, CA, 94063, Courtroom 2B. Any party contesting this tentative ruling must also give notice to all other parties of the correct location for the hearing in case any party intends to appear in person. The Demurrer of Defendants Cenlar FSB ("Cenlar") and Citibank, N.A. ("Citibank") (collectively "Defendants") to the First Amended Complaint ("FAC") of Plaintiffs Christopher R. Dhillon and Marissa A. Dhillon ("Plaintiffs") is SUSTAINED IN P...

Excerpt: ...fendants' Request for Judicial Notice is GRANTED pursuant to Cal. Evidence Code section 452(d). Defendants argue that the demurrer should be sustained on the ground that there is another achon pending between the same parties on the same cause of action, pursuant to Cal. Code of Civil Procedure Secton 430.10(c). In the related probate action, Case No. 23-PRO-00327, there are three causes of action for (1) Breach of Fiduciary Duty and Removal of T...

Excerpt: ...is due in November 2023, and the parties have declined to stipulate to any waiver of the five year dismissal statute. This is a motion for reconsideration in disguise. On August 17, 2022 this Court held a hearing on Plaintiff's moton to continue the trial (which was granted) and Defendants' motion to continue all pretrial dates and deadlines, to be calculated based upon the new trial date, which was denied. The Court found "No good cause for cont...

Excerpt: ...$25,000, Plaintiff will need to formally serve the Amended Complaint on Defendant, which would re-open Defendant's default. (See 3-21-22 Order denying Plaintiff's "Application to Amend the Complaint."); see also The Rutter Group: unlawful Detainer Complaint, Cal. Prac. Guide Landlord-Tenant Ch. 8-8, Sect. 8:498 ("An amended complaint making substantive changes in effect "opens" existing defaults: All defendants, even those currently in default un...

Excerpt: ...ional Tort and "Discriminated Against as a Member of an underrepresented Group" are attached. However, the only attachments to the Complaint are documents showing a hotel reservation, and a police report. The checked boxes and attachments are insufficient to show what causes of action are alleged so that Defendant may prepare a defense. The Demurrer to each cause of action is therefore SUSTAINED with leave to amend for uncertainty pursuant to Cal...

Excerpt: ...an Carlos, CA. Plaintiffs allege breach of contract of a February 23, 2022 written agreement between Plaintiffs Riley Russell and Tomoko Russell as sellers to Defendant Akaal LLC as buyer for a sales price of $2,100,000 with a leaseback provision, an initial deposit amount of $63,000 within 3 days of acceptance, with the balance due March 8, 2022, and a 90 day lease back. Plaintiffs also allege a cause of action for fraud against Defendants Sarbd...

Excerpt: ...and Reply briefs, and considers them timely. Facts. This is a residential unlawful detainer (UD) case. The allegations in Plaintiff's Complaint appear to be undisputed. As alleged, on 12-6-23, Plaintiff served Defendant with a Three-Day Notice to Pay Rent or Vacate. Defendant was two months behind in her rent payments at this time, having failed to pay rent for both November and December, 2023. On 12- 9-23, the Three-Day Notice expired. After the...

Excerpt: ...D as to exhibits A—B attached to the April 7, 2023 Declaration of Jason George and DE-NIED as to exhibits C—H. A hearing was held November 7, 2022, at which the Court continued the hearing to May 22, 2023, and permitted the parties to file supplemental briefing. The Court has considered the supplemental briefing and issues this modified tentative ruling. Defendant Facebook, Inc. ("Facebook") demurs to the First Amended Complaint (the "FAC") o...

Excerpt: ...ment Debtor VITALY GOLOMB concedes belong to him, his wife Kateryna Mamyko-Golomb, and Golomb Solet Capital. Judgment Debtor Golomb concedes that he was CEO and "owner" of TIME TRAVELLER. If that is true, then money transfers to his wife and to Golomb Solet-i Capital raise questions about their propriety, especially since at least some of the transfers occurred after this lawsuit was filed. To determine whether the transfers were fraudulent for t...

Excerpt: ...or Judicial Notice is GRANTED. (Evid. Code Sect. 452(d)). Plaintiff's 5-12- 23 Request for Judicial Notice is GRAN ED. (Evid. Code Sect. 452(c)). Plaintiff's 5-12-23 Objections to the Ivar, Dawn, & Patrick Fluharty Decls. are OVERRULED on grounds the objections are immaterial to the Court's ruling on the Motion. Further, these objections would go to the weight of this evidence, not its admissibility. Background. This is a dispute involving neighb...

Excerpt: ...nce are OVERRULED. This lemon law action relates to Plaintiff's 2020 Honda Pilot, purchased new from Honda of Serramonte in Colma, CA on December 13, 2019. Defendant AHM here moves to compel arbitration pursuant to an arbitration provision in the "Retail Installment Sale Contract— Simple Finance Charge (With Arbitration Provision)" ("Sales Contract"), and to stay the action. Equitable Estoppel Defendant argues that it is entitled to compel arbi...

Excerpt: ... in this case. Defendant notes that the apportionment of liability among Defendant Ross, Defendant Graves, and Plaintiff is disputed. Therefore, according to Defendant, "apportionment of fault in the liability portion of the case is a preliminary determination that will promote trial efficiency and economy, apprising each party of the need (or lack thereof) to call damages experts, including multiple physicians—most with active clinical practic...

Excerpt: ...for Breach of Implied Warranty of Merchantability under the Song-Beverly Act and Fourth Cause of Action for Violation of the Consumers Legal Remedies Act ("CLRA"). (Conn Decl., Exh. A.) The Song-Beverly Act provides that "[ilf the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on ac...

Excerpt: ...r to the Second Amended Cross-complaint no later than ten (10) days after service of written notice of this order. Plaintiff and Cross-defendant Open Text Inc. (hereafter "Open Text") demurs to the Fifth and Ninth Causes of Acton set forth the Second Amended Cross-complaint (the "SAX") pursuant to Code of Civil Procedure section 430.10, subdivision (e), on the grounds that neither count states facts sufficient to constitute a cause of action. A. ...

Excerpt: ...ional infliction of emotional distress. Defendants' Mohon for Summary Adjudication is DENIED as to Plaintiff's remaining claims for the reasons set forth below. Statute of Limitations — Relation Back Doctrine Defendants contend, first, that Plaintiff's causes of action are time-barred by the applicable statutes of limitations. Defendants cite Scherer v. Mark (1976) 64 Cal. App 3d 834, 842 for the rule that "Where no effort has been made to alle...

Excerpt: ...ault and Default Judgment, is ruled upon as set forth below. The Court agrees to reconsider the Feb. 9, 2023 Order and has considered Plaintiff's opposing arguments. "Reconsidering" the Feb. 9 ruling does not mean changing the result. It means the Court believes Plaintiff has satisfied Sect. 1008's requirements for the Court to reconsider its prior ruling. (See Corns v. Miller (1986) 181 Cal.App.3d 195, 202 [reconsidering a prior ruling does not ...

Excerpt: ...t as set forth below. A. Second Cause of Action — Interference with Contract Sustained with leave to amend. For delayed discovery to apply, the plaintiff must plead and prove that "a reasonable investigation at that time would not have revealed a factual basis for that particular cause of action." (Fox v. Ethicon Endo-surgery, Inc. (2W5) 35 Cal.4th 797, 803.) The SAC does not meet this requirement. Paragraph 13 alleges that Plaintiff discovered...

Excerpt: ... Legal Standard on Request to File Untimely Compulsory Crosscomplaint When a defendant fails to file a compulsory cross-complaint at the time of filing its answer, a court must grant the defendant leave to belatedly file the cross-complaint as long as the defendant has acted in good faith and provided notice to the other parties. (Code of Civ. Proc., S 426.50.) A strong showing, consisting of substantial evidence of a defendant's bad faith, is re...

Excerpt: .... Cal. Code of Civ. Proc. S437c(p)(1). When the moving party has met its burden, the burden shifts to the opposing party to show the existence of a triable issue of material fact as to the cause of action, or a defense to the cause of action. ld. Here, Plaintiff moves for summary judgment and/or summary adjudication of the First Cause of Action for Breach of Contract, Second Cause of Acton for Money Lent, and Third Cause of Action for Money Had a...

Excerpt: ...END as to all asserted causes of action. Cal. Code Civ. Proc., S 430.10, subd. (e). Defendants' March 20, 2023 Request for Judicial Notice is GRANTED. Cal. Evid. Code, S 452, subd. (d). The Court takes judicial notice of the documents attached to the Declaration of Susan K. Riggio, but does not take judicial notice of the truth of statements or allegations therein. Applicable legal principles In reviewing a demurrer, the Court assumes that all pr...

Excerpt: ...d Guang Dai's Motion to Compel Defendant Mavrik Construction & Development, Inc.'s Further Responses and Requests for Sanction is GRANTED IN PART and DENIED IN PART for the reasons set forth below. Defendant Mavrik Construction & Development, Inc. ("Mavrik") shall provide further responses to Form Interrogatories no. 324.1, Special Interrogatories nos. 1, 3, & 5—8, and Requests for Production nos. 1, 4— 5, & 8—14 no later than thirty (30) d...

Excerpt: ...apers prove each element of the causes of action, and the opposing papers fail to raise a triable issue of material fact as to any element of either cause of action or as to any affirmative defense. l. OBJECTIONS has asserted 37 pages of 52 objections to various matters, most of which are innocuous, having no bearing on the issues. On the subject of "inconsequential written evidentiary objections, without focusing on those that are critical," the...

Excerpt: ...of Plaintiffs Opposition, filed untimely on May 1, 2023, have not been considered. While the Opposition indicates that the parties have agreed to a continuance of this hearing, no justification has been provided for the late-filed Opposition, and a continuance is not conducive to the Court's impacted calendar. Defendants' Demurrer is OVERRULED. Plaintiff's Complaint is based upon a Three-Day Notice to Quit, which states that Defendants permitted ...

Excerpt: ...ectronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit or letter and briefly describe the exhibit"); San Mateo County Superior Court Local Rule 3.3 (same).) "Rules of Court have the force of law and are as binding as procedural statutes as long as they are not inconsistent with statutory or constitutional law." (R.R. v. Superior Court (2009) 180 Cal.App.4th 185, 205.) Plaintiff's Opposin...

Excerpt: ...efendant has not attached the subject document for the Court's review. CRC 1306(c). However, the referenced document is not necessary for the Court to grant the Motion to Quash. Background. This is an insurance subrogation case. Defendant Norwood moves to quash service of the Summons and Complaint, arguing he was improperly served. According to Plaintiff's Proof of Service (POSI filed 1-10-23, on 12-27-22, pursuant to Code Civ. Proc. Sect. 415.20...

Excerpt: ...nt and claims asserted in Defendant Ying (Cathy) Xue and ICEC, Inc.'s ("Xue") 12-8- 20 Cross-complaint, is GRANTED. Code Civ. Proc. Sect. 437c. EAC's alternative Motion for Summary Adjudication is therefore DENIED AS MOOT. Request for Judicial Notice. plaintiff/Cross-Defendant EAC's 1- 26-20 Request for Judicial Notice is GRANTED as to the referenced documents that were either filed with or issued by the Court (Evid. Code Sect. 452(d)), and GRANT...

Excerpt: ... City's Beach Front Boulevard right-of-way adjacent to Plaintiff's property. According to Plaintiff, during the construction, Shimmick graded a dirt roadway along the side of the levee and built a fence near the roadway. Plaintiff claims that Shimmick is using the roadway to store constructon materials for the levee project, and that both the fence and the roadway are on Plaintiff's property. Plaintiff refers to this alleged encroachment as "Tres...

Excerpt: ...f written notce of this order. Plaintiff's Request for Judicial Notice is GRANTED. Defendants demur to the First Amended Complaint's two contract claims generally, on the basis that neither states facts sufficient to consttute a cause of action, and specially, on the bases that Haskell is not a proper party and that the counts are uncertain. (See Code of Civ. Proc., S 430.10, subds. (d)—(f).) hey also generally demur to the First Amended Compla...

Excerpt: ...). A. Legal Standard for Judgment on the Pleadings A defendant may move for judgment on the pleadings on the grounds that "the complaint does not state facts sufficient to constitute a cause of action against that defendant." Code Civ. Proc., S 438, subd. (c). "The grounds for motion provided for in this section shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice." ld., at ...

Excerpt: ...laintiffs' Judicial Council form FAC alleges that six causes of action are attached at item 10: (1) Motor Vehicle, (2) General Negligence, (3) Intentional Tort, (4) Fraud, (5) Breach of Contract, and (6) Extortion. However, there is only one attachment, which is entitled "NEW DISCOVERY AMENDMENT TO COMPLAINT FOR AUTO FRAUD, BREACH OF CONTRACT, DISCRIMINATION & INTENTIONAL & INFLICTED EMOTIONAL DISTRESS," which appears to intend to name four cause...

Excerpt: ...nd the Court of Appeals' award of costs of appeal, Plaintiff seeks its attorney's fees and costs incurred in the proceedings relating to Defendant's unsuccessful Motion to Enforce Settlement Agreement and Defendant's unsuccessful appeal of that ruling. Plaintiff seeks an award of $21,318.50 in attorney fees, representing a total of 97 hours expended in connection with Defendants' Motion and the subsequent appeal, and $2,588.17 in costs. Salassi D...