Excerpt: ...TIVE IS CONTESTED, THE CONTESTING PARTY MUST NOTIFY DEPARTMENT FOUR AND ALL OTHER PARTIES BY 4m P.M. ON MONDAY, NOVEMBER 6, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO NOVEMBER 14, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE NOVEMBER 14, 2023 AT P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON NOVEMBER 7, 2023. PLAINTIFF PROVIDED NOT CE THAT HE IS CONTESTING. The court denies p...

Excerpt: ...osition to an unlawful detainer summary judgment motion may be made in writing until the court day before the hearing, or orally at the time of hearing pursuant to California Rules of Court, rule 3.1351(b), (c). The parties shall APPEAR. According to the complaint, defendants agreed to rent the premises at 408 C Street, #2, South San Francisco, CA 94080 and they failed to pay rent but continue to hold over even after service of the three- day not...

Excerpt: ...ice of entry of order. Irene Lopez Perez ("Perez") moves here for leave to intervene in this matter regarding disputed title to a mobile home (the "Property") and file her proposed complaint in intervention. (See Oct. 4, 2023 Motion, pp. 9—27.) A. Legal Standard on Intervention A nonparty may petition a court for leave to intervene by filing a noticed motion that includes a copy of the pleading in intervention and sets forth the grounds on whic...

Excerpt: ... as follows: The court OVERRULES the demurrer on uncertainty grounds. Defendants raise this ground in their demurrer, but fail to discuss it in their brief. "The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced." (Cal. Rules of Court, rule 3.1113(b); Fenton v. Groveland Community Services ...

Excerpt: ... GRANTED as to Exhibits 5-6. (Evid. Code Sect. 452(c).) As to each of these documents, the Court takes judicial notce of their contents and the dates that they were filed and/or issued, but the Court does not take judicial notice of the truth of statements/allegatons in the documents. Plaintiff Li's 10-24-23 Reply brief was untimely filed, but the Court has considered it. Plaintiff's Reply brief was due 10-23-23. Plaintiff filed it on 10-24-23, o...

Excerpt: ...E failed to provide verified responses to Form Interrogatories that were served in July 2021. The Court granted Plaintiff Oakville Produce Partners' motion to compel verified responses and ordered Defendant Le to provide verified responses "within 14 days of service of this order" and to pay a monetary sanction of $1,185.00 "within 30 days service of this order." (Order, Dec. 8, 2022 (filed Dec. 9, 2022.) Plaintiff served Notice of Entry of Order...

Excerpt: ... COA for Breach of Contract Plaintiffs were given leave to amend the original Complaint as to the sustained demurrer to the Second Cause of Action for Fraud. See June 20, 2023 Order. The amendments to the First Cause of Action for Breach of Contract were not authorized by that order. Following an order sustaining a demurrer or a motion for judgment on the pleadings with leave to amend, the plaintiff may amend his or her complaint only as authoriz...

Excerpt: ...e an amended answer no later than November 20, 2023. Cross- complainants FXIO International, Inc.'s and Plan B Equipment Rentals, LLC's Request for Judicial Notice is DENIED as irrelevant. (Licudine v. Cedars-Sinai Medical Center (2016) 3 Cal.App.5th 881, 902 ["trial court retains its usual discretion not to take judicial notice of matters that are irrelevant"].) As a preliminary matter, the notice of demurrer provides the incorrect address for t...

Excerpt: ...oena issued to its appraiser, Christopher Carneghi, on the grounds that any expert witness discovery in this case is premature, and discovery of Mr. Carneghi's work as a consulting expert concerning his appraisals is protected by attorney work-product privilege. Defendants respond that "Carneghi must be made available as a fact witness so that he may testify about the physical descriptions of all the lots that he perceived." (Opp., p.13.) Accordi...

Excerpt: ...ynor"), an individual and managing member and offcer of BWC. The Cross-complaint alleges causes of action for breach of fiduciary duty, intentional misrepresentation, negligent misrepresentation, and declaratory relief. Raynor now demurs to the Cross- Complaint and moves to strike certain parts of the pleading. Cross-Defendant's Motion to Strike A motion to strike can be used as a scalpel to cut out any irrelevant, false, or improper matters in a...

Excerpt: ...rovide Lessor with a copy of a Use Permit issued by the City of South San Francisco for such use or alternatively to provide evidence, reasonably satisfactory to Lessor, that no such Use Permit is required." ("Failure to Obtain a Use Permit (3-Day Notice at 2.) The motion is denied as to all other grounds argued in the motion because triable issues of material fact exist as to those grounds. (3-Day Notice at 1- 2, 3 & 4.) A. The Motion Does not E...

Excerpt: ...ifth cause of Action by Ford is OVERRULED based on failure to allege facts sufficient to support this claim. The elements of a cause of action for fraud based on concealment are: "(1) the defendant must have concealed or suppressed a material fact, (2) the defendant must have been under a duty to disclose the fact to the plaintiff, (3) the defendant must have intentionally concealed or suppressed the fact with the intent to defraud the plaintiff,...

Excerpt: ...mber 1, 2023. Defendants demur that these causes of action fail to state facts sufficient to support a claim because Plaintiff Edgewater Holding Corporation has not alleged facts sufficient to support its performance or excuse for nonperformance under the contract. Specifically, Defendants assert that Plaintiff must allege that it first obtained a determination that the damages sued for are not covered by insurance before it may bring these claim...

Excerpt: ...AY, NOVEMBER 6, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO NOVEMBER 14, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE NOVEMBER 14, 2023 AT P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON NOVEMBER 7, 2023. The court rules on plaintiff Michael Joseph Barrett's moton to compel further responses to plaintiff's form interrogatories, set 3 from defendant Jorge Morales and to strike o...

Excerpt: ... Owner, LLC ("Plaintiff" or "The Marina"). Plaintiff and, collectively, the five Defendants brought cross-motions for summary judgment. Plaintiff partially settled with four of the five defendants, leaving Defendant Matthew Klein ("Defendant" or "Klein") the sole remaining Defendant in the action. The Court granted summary judgment for Plaintiff against Klein and entered the Judgment following its Order Granting Summary Judgment on June 29, 2023....

Excerpt: ...t to Cal. Evidence Code Section 452(d). Fourteenth COA for Breach of Fiduciary Duty OVERRULED. The SAC alleges that Defendant Hillhouse had authority and control over Plaintiff's finances, books, records and accounting documents, and that she handled Plaintiff's money and was entrusted to handle the finances at Plaintiff's law practice. SAC, "5, 171. It also alleges that Defendant Hillhouse had control and access to Plaintiff's American Express C...

Excerpt: ...Anthony L Webb shall file his Third Amended Complaint no later than December 4, 2023. As a preliminary matter, the demurrer is made on behalf of Defendants Private Defender Program Office ("PDPO"), Lisa Maguire, and Paul Demeester. However, Maguire and Demeester were dismissed on October 27, 2023. The portion of the demurrer made by them is thus moot, and only the portion of the demurrer made by POPO is relevant here. Though the five causes of ac...

Excerpt: ...deration, and DENIED in part, with respect to the request to terminate arbitration. Plaintiff's objections to evidence are OVERRULED. In ruling on the previous Moton to Compel Arbitration in this action, the Court held that the issue of default under Cal. Code of Civil Procedure Section 1281.98 for late payment of fees should be decided by the arbitrator. June 10, 2022 Order. Plaintiff asks for that order to be vacated, or in the alternative for ...

Excerpt: ...e Cal. Rules of Ct., rule 3.1300(d); Rancho Mirage Country Club Homeowners Association v. Hazelbaker (2016) 2 cal.App.5th 252, 262-253; Juarez v. wash Depot Holdings, Inc. (2018) 24 cal.App.5th 1197, 1202.) The motion was previously continued to permit Defendant Tesla, Inc. ("Tesla") the opportunity to file br-efing and evidence in reply. Thus, with any potential prejudice now having been averted, the Court has considered Xue's late-filed papers....

Excerpt: ...tic Park project. Plaintiff claims that Defendant owes $27,018.10 for trucking services and $6,400.00 for tolls, dump fees, and scale fees which Plaintiff advanced. Plaintiff now applies to this Court for a right to attach order and writ of attachment, seeking to secure the amount of $38,759.91. For the reasons set forth below, Plaintiff's application is DENIED. The Court shall consider the showing made by the parties and shall issue a right to a...

Excerpt: ... allege causes of action for elder abuse, negligence, wrongful death, and survivorship. Defendants now mcwe to com#l arbitration, arguing that an arbitration agreement signed on behalf of Decedent contractually binds the parties to adjudicate these claims in binding arbitration. The arbitration agreement at issue is its own agreement, though it was kept together with other paperwork governing Decedent's admission to the facility as a resident. Ga...

Excerpt: ...ng possession of real property, a motion for summary judgment may be made at any time after the answer is filed upon giving five days notice, and shall be granted or denied on the same basis as a motion under Section 437c. Cal. Code of Civil Procedure Section 1170.7. Cal. Code of Civil Procedure Section 437c(b)(1) provides that an MS] "shall be supported by affidavits, declarations, admissions, answers to interrogatories, depositions, and matters...

Excerpt: ...ly filed. ld. at S 2031.300. A court may grant relief from waiver if: (1) the party belatedly serves a response substantially compliant with CCP SS 2031.210-2031.240, 2031.280, and (2) filing a noticed motion supported by declarations showing that the delay resulted from mistake, inadvertence, or excusable neglect. ld. Under Local Rule 3.700, parties to a general civil case must participate in an Informal Discovery Conference (IDC) prior to filin...

Excerpt: ...party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect." (Code of Civ. Proc., S 473, subd. Here, Plaintiff TGA F299 Franklin LLC ("TGA") requests relief from the recent adopted tentatve ruling sustaining Defendants Urban Flat, LLC's and Evan Haskell's demurrer to the Second Amended Complaint and granting leave...

Excerpt: ...AINED WITH LEAVE TO AMEND based on failure to allege facts sufficient to support a cause of action and uncertainw. Generally, a writ under secton 1085 may only be employed to compel the performance of a duty which is purely ministerial in character. (Transdyn/cresci v. City and County of San Francisco (1999) 72 Cal.App.4th 746, 752.) "A ministerial act is an act that a public officer is required to perform in a prescribed manner in obedience to t...