Excerpt: ... 430.10 CALIF. RULE OF CT., RULE 3.1320] TENTATIVE RULING: Defendants Wayne Podesta's, Gary Podesta, Jr.'s; and Podesta Family Investments II, LLC's (collectively, “Defendants”) 11 -7 -23 Demurrer to Plaintiffs' 9 -21 -23 First Amended Complaint (FAC) is SU STA INED-IN -PART without leave to amend and OVERRULED -INPART. Defendants' 11 -7 -23 Request for Judicial Notice (RJN) is GRANTED as follows: As to the document(s) filed in prior court p...

Excerpt: ...are reason ably subject to dispute by CCSF and irrelevant. (Evid. C. §452(h); AL Holding Co. v. O'Brien & Hicks, Inc. (1999) 75 Cal.App.4th 1310, 1313 fn. 2 [“a court must decline to take judicial notice of material that is not relevant”] (internal citation omitted).) Accordingly, the Court has not considered Plaintiffs' extrinsic evidence. (See Ion Equipment Corporation v. Nelson (1980) 110 Cal.App.3d 868.) This case is brought by Plaintiff...

Excerpt: ...tain discovery … by means of a … mental examination of (1) a party to the action, … in any action in which the mental [] condition … of that party or other person is in controversy in the action. (Code Civ. Proc. Sect. 2032.020(a).) Here, Plaintiff has placed his ment al condition in controversy. Plaintiff claims to suffer from “depression, anxiety, hopelessness, decreased energy and sleep disturbance” as a result of the incident in S...

Excerpt: ...nce Þnding that the declaration o Marc D. Bender provides a oundation or his expertise o opining on the reasonableness o ees, his criticisms are relevant and there is su
¯icient oundation or his opinions. The act that he does not have personal knowledge is irrelevant to his opinions. The court considers his declaration in the context o its own knowledge o the acts o this case. Deendants contend that the attorneys' ees provision d...

Excerpt: ...plainant Bernice Turner's operative First Amended Cross-Complaint (“FACC”) alleges three causes of action against Cross-Defendants, including Cross-Defendant Mortgage Lender Services, Inc. (“MLS”): (1) negligent misrepresentation, (2) negligence, and (3) unfair business practices. MLS demurs to all three causes of action on grounds of failure to state a claim. A demurrer tests the legal su
¯iciency of the pleadings, raising issues of law...

Excerpt: ...ition for Writ of Mandate of Plainti
¯/Petitioner City of Millbrae (“Millbrae”) is ruled on as follows: In making this ruling, the Court has also reviewed the response Þled on behalf of Interested Party Yes In My Back Yard. Demurrer to the Fourth Cause of Action for Injunctive Relief is SUSTAINED WITHOUT LEAVE TO AMEND. As the Court previously found in denying Millbrae's request for a preliminary injunction, Millbrae's lawsuit is a validati...

Excerpt: ...Agreements serving as the basis of the judgment are void and unenforceable” on those bases. (Motion at p. 8 (emphasis added); see also Reply at p. 1, fn. 1.) Nevertheless, the only issue before the Court is whether the Judgment entered by the Honorable Robert Foiles on March 19, 2021, is void on its face. Noting this limitation on the Court's authority is important because the Motion asks the Court to go beyond simply voiding the Judgment and t...

Excerpt: ...P §§435, 436, 581(f)(2).) Defendants' Request for Judicial Notice (RJN) is GRANTED. (Evid. Code Sect. 452(d).) Defendants' unopposed Motion to Strike Plainti
¯s' TAC is GRANTED. (CCP §§435 & 436; Leader v. Health Industries of America, Inc. (2001) 89 Cal.App.4th 603, 613.) As set forth in Defendants' moving papers, the Court's 8-31-23 Order sustaining Defendants' demurrer to Plainti
¯s' Second Amended Complaint (SAC) set a deadline for Plai...

Excerpt: ...tion Act (the “FAA”) covers at least some of the claims asserted in the First Amended Complaint (“FAC”) and that a party may properly move to compel arbitration of claims asserted in an existing lawsuit. Rather, the dispute here is limited to whether and the extent to which the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “EFAA”) permits Bruschi to elect to proceed in court on his claims. The EFAA...

Excerpt: ... (“Envirobuilt”). Gray now moves pursuant to CCP §§386.5 and 386.6 to deposit the sum of the bond with the Court, to be discharged from further liability for the sum, to be dismissed from the action, and for its fees and costs. Gray's motion is hereby GRANTED with modiÞcations to the requested costs and attorneys' fees set forth herein. “Where the only relief sought against one of the defendants is the payment of a stated amount of money...

Excerpt: ...member Deborah Q. Ruddock by Deendants and Crosscomplainants Thomas J. Gearing and Daniel K. Gearing (collectively, the “Gearings”) on August 31, 2023. For the reasons set orth below, the motion to quash is granted. A. Deposition Not Warranted Code o Civil Procedure section 1987.1 permits a party to move or an order quashing a subpoena and authorizes the Court to enter appropriate protective orders. (Code o Civ. Proc., § 1987.1 subds. (...

Excerpt: ...h legal duty; and (3) the breach of such duty was the proximate or legal cause of plainti
¯s resulting injury. (Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917.) Defendant moves for summary judgment on the ground that no duty of care existed to Plainti
¯. The Complaint alleges that Defendant had a special relationship with Defendant James Edward Nell Jr. (“Jimmy”) as his son, and as a result owed a duty to control his son against an...

Excerpt: ...al. Rules of Court, rule 3.1320(g); Code Civ. Proc., § 472b.) Initially, the Court notes that plainti
¯ has provided an incorrect address for the hearing. Department 28 is not located in Redwood City as the notice states, but instead is at the Central Courthouse, Courtroom I, 800 North Humboldt St., San Mateo, CA 94401. (See Cal. Rules of Court, rule 3.1110 [the Notice “must specify” the location of the hearing].) A. Legal Standard on Demur...

Excerpt: ...ard at Floribunda. Defendant Justin McSharry is alleged to be the President of the board, while plainti
¯ appears to be a candidate for board election. Plainti
¯ Timothy Conway alleges that McSharry defamed him in an email letter that was sent to the Floribunda Community. The email, attached to the Complaint as Exhibit A , describes a history of nuisance and harassment by plainti
¯ and another resident of his condo unit, including harassing an...

Excerpt: ...Floribunda. Plainti
¯ Timothy Conway appears to be a candidate for board election. Plainti
¯ alleges that defendant Nirav Shah participated in disseminating an email letter which allegedly defamed Plainti
¯, and also provided the allegedly defamatory statements at issue to the writer of the letter. The email, attached to the Complaint as Exhibit A, describes a history of nuisance and harassment by plainti
¯ and another resident of his condo u...

Excerpt: ...d September 28, 2023. Plainti
¯ was on the stand for about a day. On November 17, 2023, the court issued a Tentative Decision and Proposed Statement of Decision Þnding in favor of defendant and against plainti
¯ on her a
¯irmative claims and denying defendant restitution based on unjust enrichment on his a
¯irmative claim. The court did not believe that oral argument was necessary and no party requested oral argument. On November 30, 2023, t...

Excerpt: ...issuing a comprehensive tentative ruling held a hearing on plainti
¯s/petitioners' motion for attorneys' fees pursuant to Code of Civil Procedure section 1021.5, which the court granted in part. The court deleted some fees, reduced the hourly fees for some work, and allocated certain fees between the parties. After the hearing, the parties were to meet and confer on these issues and plainti
¯s were to submit to the court a proposed order showin...

Excerpt: ...epresenting him in this action—he is representing himself. Pursuant to the law, it is improper for a non-attorney to represent another in litigation. (Bus. & Prof. Code, § 6125 [“No person shall practice law in California unless the person is an active licensee of the State Bar.”]; Birbrower, Montalbano, Condon & Frank v. Superior Court (1998) 17 Cal.4th 119, 128-130 [interpreting section 6125 regarding the practice of law in California]; ...

Excerpt: ...onetary Sanctions is GRANTED. Deendant Tesla Energy Operations, Inc. shall designate and produce a person or persons most qualiÞed to testiy as to the twenty-our categories listed in Plainti
¯s Brad Jones' and Maria Jones' Notice o Entity Deposition No. 3 or deposition and produce the documents requested therein no later than February 23, 2024, or a later date mutually agreed upon by the parties in writing. Deendant Tesla Energy Operation...

Excerpt: ...in 2020. Defendant VintaBio, Inc. (“Defendant” or “VintaBio”) now moves to compel arbitration pursuant to section 10 of the agreement, “Dispute Resolution.” (Li Decl. Ex. A, section 10.) Plainti
¯ opposes, arguing that the arbitration provision is unconscionable and should not be enforced. The arbitration provision states, in relevant part, that “[i]n the event the parties hereto are unable to settle a dispute between them regardin...

Excerpt: ... Sect. 452(d).) The Court declines to rule on Plainti
¯s' 1-29-24 Objection to Evidence on grounds that it is immaterial to disposition of the motion. (Code Civ. Proc. Sect. 437c(q).) LEGAL STANDARD. A motion for summary judgment or adjudication shall be granted if the papers submitted show there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law. (Code Civ. Proc. Sect. 437c(c).) A pl...

Excerpt: ...mplaint review and analysis document, which is the subject of this motion, on or about June 14, 2014. Devyatov Decl., paragraph 13. That document was discussed between Draegen and Defendant Groeneweg at a June 28, 2019 web conference, wherein Groeneweg obtained a copy of the document. Ibid., at paragraph 14. Draegen argues that the document is protected by attorney-client privilege. Attorney- client privilege is governed by Cal. Evidence Code Sec...

Excerpt: ...t appear on the face of the pleading under attack, or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) (2) Defendants Demurrer to the Complaint is OVERRULED based on failure to allege facts su
¯icient to support an unlawful detainer action. A demurrer may be brought on the ground that “[t]he pleading does not state facts su
¯icient to constitute a cause of action.” (Code Civ. Pr...

Excerpt: ...el, noting that Plainti
¯'s objections and arguments were meritless, appeared to have been made in bad faith, and were unreasonable. The Court ordered Plainti
¯ to supplement his responses to certain special interrogatories, and also ordered that Plainti
¯ pay $2,000 in monetary sanctions to Defendant within twenty days of its Order. (Order Re: Motion to Compel, signed September 14, 2023.) Defendant now moves for evidentiary and monetary sanct...

Excerpt: ... (“CPQ”) and Cross-complainant David Espie's Motion to Compel Cross- defendant The Chugh Firm, PC's (hereafter “Chugh”) Further Responses to Requests for Admission, Set Two, and for Monetary Sanctions is GRANTED in part and DENIED in part. Cross-defendant Chugh shall serve code-compliant further responses to requests nos. 2021, 28–30, 37, 59–82, 84– 87, and 90–99 no later than February 16, 2024. Upon receipt of responses to reques...

Excerpt: ... states, on the caption page, that the Feb. 2 hearing on this Motion to Strike will take place in Dept. 21 at 9 a.m., whereas the body of the Notice (the next page) states that the Feb. 2 hearing will take place in Dept. 24 at 2 p.m. Thus, the Notice provides incorrect information. The hearing is 2.2.24 @ 9:00 a.m. in D24. Defendants' 1.26.24 “Opposition to the Declaration of Christine Tour Sarkissian,” in which Defendants ask the Court to st...

Excerpt: ...pentry construction work. Plainti
¯ alleges that he was on top of a sca
¯old built by Defendant Bay Area High Reach, Inc. (“High Reach”) when it collapsed, including two guardrails, and Plainti
¯ fell from a height to the ground, resulting in severe injuries. Defendant FM now moves for summary judgment under CCP § 437c, or in the alternative, summary adjudication, against Plainti
¯. Plainti
¯ and Defendant High Reach both oppose the mot...

Excerpt: ... partition action may recover expenses incurred for the “common beneÞt” of the parties and property. (Code of Civ. Proc. § 874.010.) In partition actions, “common beneÞt” is deÞned as “the proper distribution of the respective shares and interests” in the property “by the ultimate judgment of the court.” (Orien v. Lutz (2017) 16 Cal.App.5th 957, 967–68.) B. Attorney's Fees The Court allows recover of attorney's fees in the a...

Excerpt: ...nt alleges that on February 22, 2023, Plainti
¯ entered into an agreement with Defendants for burial Services for Decedent. Complaint, paragraph 8, Exh. 2. Thereafter, the Complaint alleges that three of Decedent's adult children signed a declaration for cremation authorization, and an agreement for memorial services scheduled for March 2, 2023. Complaint, paragraph 9-10, Exh. 3. It also alleges at paragraph 17 that Defendants failed to fulÞll ...

Excerpt: ...on the Complaint. The parties do not dispute that the Complaint's causes of action for negligence and premises liability are based on upon the same facts and governed by the same legal standards in this case, where a dangerous condition of property is alleged to have cause injury. Nor do they dispute that the Complaint's third cause of action for negligent inßiction of emotional distress depends upon the Þrst two such that all rise and fall tog...

Excerpt: ...fendants' counsel, Martin GlickÞeld, submitted a declaration in support of defendant's demurrer to the FAC, which included a copy of the “Jones Family 2021 Global Settlement Agreement and Mutual Release” (“Settlement Agreement”). (Declaration of Martin Glickfeld, Nov. 21, 2023 [GlickÞeld Decl.] Exh. A; MPA iso Demurrer, at p. 4.) The FAC alleges breach of the parties' 2021 Settlement Agreement, and thus, it is appropriate to take judici...

Excerpt: ...vil Procedure, section 430.10, subdivision (f). Cross-defendants SnippetSentry and Edward “Eddie” Green's demurrer to the second cause of action in the Cross Complaint for Failure to Pay Wages on the ground that the claim is uncertain is SUSTAINED WITH LEAVE TO AMEND pursuant to Code of Civil Procedure, section 430.10, subdivision (f). Cross-defendant SnippetSentry's demurrer to the third cause of action in the Cross-Complaint for Common Coun...

Excerpt: ...reof pursuant to Code of Civil Procedure section 435, subsection (b)(1). Such a motion may be made to strike out any irrelevant, false, or improper matter inserted in any pleading, or to strike out all or any part of any pleading not drawn or Þled in conformity with the laws of this state, a court rule, or an order of the court. (Code Civ. Proc., §436.) For an allegation of punitive damages to survive a motion to strike, the pleading must alleg...

Excerpt: ... Class Action and PAGA Settlement provided the parties address the court's ollowing concerns. The Response Deadline shall be 60- days rom initial mailing or re-mailing and opt out, dispute over workweek calculations, or objections shall be postmarked by this deadline. The proposed Settlement Administrator, Phoenix Settlement Administrators, shall Þle a declaration o its qualiÞcations to administer the settlement. The parties shall select a ...

Excerpt: ...in part and SUSTAINED in part WITH LEAVE TO AMEND as set forth below. Plainti
¯s Dennis Johnson and Rose Johnson may Þle and serve a Third Amended Complaint no later than January 12, 2024. Aron Construction, Inc. and Navneet Aron (collectively “Aron Defendants”) here demur to the eighth through tenth causes of action in the Second Amended Complaint (the “SAC”). Defendant ADL 7, LLC (“ADL 7”) has joined in the demurrer. Because the a...

Excerpt: ...(Lazar v. Superior Court (1996) 12 Cal.4th 631, 638.) Plainti
¯ must plead facts showing how, when, where, to whom, and by what means the alleged representations were made. (Id. at 645.) The Complaint lacks these allegations. As against the First and Second Causes of Action, Defendant argues that paragraph 11 does not constitute actionable fraud. (Mov. P&A at 5:2-5.) The argument is misguided because the fraud claims are not based on Paragraph 1...

Excerpt: ...A s a threshold matter, a demurrer can be used only to challenge defects that appear on the face of the pleading under attack, or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) (2) Defendants Demurrer to the Complaint is OVERRULED based on failure to allege facts su
¯icient to support an unlawful detainer action. A demurrer may be brought on the ground that “[t]he pleading does n...

Excerpt: ...lso whether or not sanctions should be imposed at all. The Court thanks counsel for their thorough brieÞng and supplemental brieÞng of these matters. In its initial tentative issued before a hearing on December 4, 2023, this Court concluded that Defendant Martijn Groeneweg (“Groeneweg” or “Defendant”)'s Motion to Compel should be denied on grounds of procedural deÞciency, for a failure to meet and confer prior to Þling the motion. The...

Excerpt: ...f the arbitration proceeding. (Code Civ. Proc. Sect. 1281.4.) Defendant Meta's former employee, Plainti
¯ Alina Hunanyan, opposes Meta's request for arbitration, arguing that the parties' Arbitration Agreement is unconscionable, mainly because it severely curtails (or prevents) her ability, in arbitration, to conduct pre-hearing, thirdparty discovery. For the reasons explained below, and without discounting Plainti
¯'s expressed concerns about ...

Excerpt: ...— first sentence alleging malice; • 947 — last sentence related to attorney fees; and • Prayer for punitive damages, p. 12, 93 CCP S 436 empowers the court to, upon moton or sua sponte, strike out any irrelevant, false, or improper matter inserted in any pleading, as well as all or any part of the pleading not drawn or filed in conformity with the law, rules of court, or an order of the court. On a motion to strike, the Court construes th...

Excerpt: ... Espie's Motion to Compel Cross-defendant The Chugh Firm, PC's (hereafter "Chugh") Further Responses and Document Production in Connecton with Request for Production of Documents, Set Three, and for Monetary Sanctions is GRANTED in part and DENIED in part. Cross-defendant Chugh shall serve code-compliant further responses as set forth herein no later than February 9, 2024. Upon receipt of responses to requests for production, the propounding part...

Excerpt: ...at least two choices to the Court's Clerk for the Court to choose from. In order to comply with CCP the demurring party shall file and serve with the demurrer a declaration stating either of the follovnng: (A) The means by which the demurring party met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer. (B) That the party who file...

Excerpt: ...n Mateo, WG Hillsdale SH LP, Atria Management Company LLC, Atria Senior Living, Inc., Jennifer Duenas and Kris Waluszko ("Defendants"). Defendants filed a Notice of Appeal of the order and Notice of Stay pending Appeal. The stay was "automatic," resulting from filing the Notice of Appeal. (Code of Civ. Proc. S 916.) On January 1, 2024, amended Section 1294, subdivision (a) of the Code of Civil Procedure became effective. The amendment adds the fo...

Excerpt: ...Civ. Proc. Sect. 430.10(e).) Plaintiffs have not opposed the Demurrer on the merits, essentially conceding that it should be sustained. Plaintiffs' 1-11-23 Opposition to the Demurrer does not dispute the merits. Instead, the Opposition explains that during the parties' meet and confer process, Plaintiffs drafted a proposed Third Amended Complaint ("TAC") that Plaintiffs believe remedies/resolves the claimed deficiencies in the SAC's First and Fou...

Excerpt: ...t that location. Parties may appear by Zoom (see Department 28's website). Plaintiff's Motion for Summary Judgment is GRANTED pursuant to Code of Civil Procedure, section 437c. Defendant's objections to plaintiff's evidence are OVERRULED. The objections do not comply with the requirements of California Rules of Court, Rule 3.1354. The Court has nonetheless reviewed the objections in the body of Opposition, and they are overruled on the merits. Co...

Excerpt: ...3.) The sole remaining issues in the action are plaintiffs' claims for declaratory and injunctive relief. In the motion currently pending before the Court, defendant seeks to join her home insurance provider, CSAA Insurance Exchange ("CSAA"), as a party to the action under Code of Civil Procedure, section 379. Defendant contends that joinder is necessary because "[w]ithout adding CSAA as a party in this action, I cannot have an independent attorn...

Excerpt: ...nding The demurrer to the first through third causes of action for lack of standing is sustained. The first cause of action (negligent misrepresentation) alleges that Cross- defendant made false representations in order to avoid the protections afforded a mortgage loan borrower under Civil Code section 2923.5. (FACC 64.) The second cause of action (negligence) alleges that Crossdefendant violated the Truth in Lending Act, the Real Estate Settleme...

Excerpt: ...r to demonstrate that the arguments that defendants County of San Mateo, Child Protectve Services of San Mateo, and Children and Family Services of County of San Mateo's (collectively County) make apply to them. Defendant County's arguments regarding the Bane Act, however, apply equally to the Navarras. However, the court's own research shows that the Navarras are not in the same position as the County. (Health & Saf. Code, S 1527.6, subd. (d)(l)...

Excerpt: ...orceable, a promise need only be "definite enough that a court can determine the scope of the and the limits of performance must be sufficiently defined to provide a rational basis for the assessment of damages." (Broome v. Regents of Univ. of California (2022) 80 Cal.App.5th 375, 389.) Plaintiff argues that alleged promise, on which the claim is based, is based on paragraphs 55 and 57 of the Second Amended Complaint. (Opp. P&A at 4:8-15.) Those ...

Excerpt: ...art, without leave to amend pursuant to Cal. Code of Civil Procedure Section 430. IO(e) as to the Second COA for Breach of Written Contract and Third COA for Breach of the Covenant of Good Faith and Fair Dealing, and OVERRULED, in part, as to the Tenth COA for Fraudulent Concealment, as follows. Second COA for Breach of Contract SUSTAINED WITHOUT LEAVE TO AMEND. Plaintiffs' allegations of breach of contract against the demurring Defendants hinge ...

Excerpt: ...on for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired. The rules governing demurrers apply. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) The grounds for a motion for judgment on the pleadings must appear on the face of the challenged pleading and/or be based on facts the court may judicially notice. (Code Civ. Proc. sect. 438(d); Tung v. Chicago Title ...

Excerpt: .... Defendants urban Flat, LLC's and Evan Haskell's Request for Judicial Notice is DENIED as irrelevant. (AL Holding Co. v. O'Brien & Hicks, Inc. (1999) 75 Cal.App.4th 1310, 1313 fn. 2 ["a court must decline to take judicial notice of material that is not relevant"].) A. Legal Standard on Demurrer On a demurrer, the Court must "assume the truth of the facts alleged in the com-plaint and the reasonable inferences that may be drawn from those facts."...

Excerpt: ... that Plaintiffs' real property in San Carlos was damaged due to flooding, allegedly caused and exacerbated by the actions of the collective Defendants including Grove. As to Grove, Plaintiffs allege that he engaged in "construction activty in the vicinity of Canyon Vista Avenue in late 2022 and continuing through the month of January 2023. Plaintiffs are informed and believe, and thereon allege that Grove blocked numerous storm drains operated b...

Excerpt: ...dd the conspiracy theory to any remaining independent tort causes of action to which it applies, but not to amend and reallege as a separate, stand-alone cause of action. As an initial matter, the Court simply notes that this cause of action is not asserted against Artichoke Joe's. It is asserted only against individual defendants Annie and Cody Sammut. Artichoke Joe's argues that because Artichoke Joe's is paying for Annie and Cody Sammut's defe...

Excerpt: ...thout leave to amend. While, as Plaintiff points out, California decisions are mixed on whether unjust enrichment can constitute an independent claim or is merely an equitable remedy, the majority of cases hold that "unjust enrichment" does not properly state a cause of action. (Sepanossian v. National Ready Mix Company, Inc. (2023) 97 Cal.App.5th 192; Durell v. Sharp Healthcare (2010) 183 Cal.App.4th 1350, 1370.) As Plaintiff notes, some decisio...

Excerpt: ...On January 1, 2024, amended Section 1294, subdivision (a) of the Code of Civil Procedure became effective. The amendment adds the following: "Notwithstanding Section 916, the perfecting of such an appeal shall not automatically stay any proceedings in the trial court during the pendency of the appeal." On the basis of the amended statute Plaintiffs move to lift the automatic stay. The basis of Defendant's Opposition is that "No part of [the Code ...

Excerpt: ...e Section 452(c). A demurrer to a cause of action for breach of the implied covenant of good faith and fair dealing may be sustained when "the allegations do not go beyond the statement of a mere contract breach and, relying on the same alleged acts, simply seek the same damages or other relief already claimed in a companion contract cause of action." Levy v. Only Cremations for Pets, Inc. (2020) 57 Cal.App.5th 203, 215. In ruling on the Demurrer...

Excerpt: ...greement, and none of the exceptions under Code of Civil Procedure, section 1281.2 exists. Plaintiff opposes the motion on the ground that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA, codified at 9 U.S.C. 402(a)), which amends the Federal Arbitration Act, permits victims of sexual assault or harassment to pursue claims in court even if they are bound by a predispute arbitration agreement. The EFAA does not appl...

Excerpt: ...nse), impracticability (Seventh Affirmative Defense), and frustration of purpose (Sixth Affirmative Defense). The motion is DENIED as to Civil Code, section 1511 (Fourth Affirmative Defense) and force majeure (Fifth Affirmative Defense). Additionally, the Court SUSTAINS defendant's first evidentiary objection, and GRANTS each party's request for judicial notice. The instant dispute arises from a lease for commercial tenancy entered into by the pa...

Excerpt: ..., Redwood City, California 94063. Plaintiffs Empire Movers USA, Inc. and its chief executve officer Ruslan Vdovin (collectively "Empire") allege that sometime in early 2022, Empire sought a commercial space from which to conduct fts business and park fts trucks. (June 19, 2023 Complaint, "1 1-2, 10, 12.) Empire entered into a lease (the "Lease") for a space with an attached yard (the "Property") with the assistance of its brokers and agents, defe...

Excerpt: ...rrer, 4:7-18.) In order to prevail on a cause of action for breach of contract, a plaintiff must prove (1) the contract, (2) the plaintiffs performance of the contract or excuse for nonperformance, (3) the defendant's breach, and (4) the resulting damage to the plaintiff( Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186.) Existence of Contract Plaintiff and defendant jointly purchased the property located at 1326 Kentfield Ave, Redwood City, ...

Excerpt: ...nd she has not opposed the motion. On September 7, 2021, plaintiff, who was then represented by counsel, filed her complaint. On June 27, 2022, her counsel filed a motion to be relieved of counsel based upon the fact he was unable to communicate with her and she had been non- responsive. Plaintiff failed to oppose the motion, which motion the court granted on August 16, 2022. On September 16, 2022, plaintiff's former counsel provided notice of en...

Excerpt: ...judication. One motion is scheduled for January 16, 2024 and one motion is scheduled for January 30, 2024. The court advances the January 30, 2024 moton to January 16, 2024. Defendant has previously brought motions to seal, which the court has granted without objection. Similarly, in these two motions to seal, defendant seeks to seal private information about former and current employees and confidential business information. For the same reason ...

Excerpt: ...n Haskell shall file their answer(s) pursuant to the Code of Civil Procedure and California Rules of Court. The court notes that on October 10, 2023, in ruling on the prior demurrer, the court stated that the action was still classified as an unlawful detainer action and, if plaintiff wanted to reclassify the action because it had possession of the property, it must take action to have the case reclassified. Plaintiff has not moved to reclassify ...

Excerpt: ...dicial notice shall or may be taken." Under Aguilar v. Atlantic Richfield (2001) 25 Cal.4th 826, the party moving for summary judgment has the burden of production to make a prima facie showing that there is no triable issue of any material fact. The burden then shifts to the nonmoving party to make a prima facie showing that there is a triable issue of material fact. Here, there is no opposition, so the moton should be granted if Plaintiff has m...

Excerpt: ...aims. (Code of Civ. Proc. S 581, subd. (b)(l); CRC Rule 3.1390.) B. Changes to Paragraph 15 and Addition of New Paragraph 71. As to new allegations regarding representations on Defendant's website, the proposed changes are the wordings of website representations in Paragraph 15 and the addition of new Paragraph 71. In Paragraph 15, Plaintiff proposes deleting the alleged representation "Your gift card information is secure" and replacing it with ...

Excerpt: ...shall be limited to the addition of only those allegations necessary to cure defects in the third cause of action as discussed below. A. Legal Standard on Demurrer The purpose of a demurrer is to test the legal sufficiency of the facts alleged in the operative complaint to see whether they state a cause of action under any legal theory, as a matter of law. (New Livable Cal. v. Association of Bay Area Gov'ts (2020) 59 cal.App.5th 709, 714-715; Gen...

Excerpt: ...ry judgment. However, the proof of service accompanying the motion for summary judgment states that on "September 18, 2023, I served a copy of the foregoing document(s)" by U.S. Mail. The proof of service describes those documents as: Notice and Motion for Judgment on the Pleadings; Memorandum of Points & Authorities in Support Thereof; [Proposed] Order; [Proposed] Judgment. Moreover, the proof of service states that these documents were served o...

Excerpt: ... causes of action for: (1) Breach of Contract; (2) Prospective Interference with Prospective Economic Advantage; (3) Illegal Constructive Eviction; (4) Breach of the Covenant of Good Faith and Fair Dealing; and (5) Conversion. All five causes of action alleged in the Complaint are based on the same factual allegations that plaintiff and defendant Westlake Skyline Plaza, LLC entered into a First Amendment to Lease Agreement and Release of Guaranty...

Excerpt: ...ARY 9, 2024 AT 2:00 P.M. RATHER THAN JANUARY 2, 2024. IF THE COURT DOES NOT RECEIVE NOTICE THAT THE TENTATIVE IS CONTESTED, THEN THE TENTATIVE WILL BE ADOPTED AT THE JANUARY S, 2024 HEARING. PLAINTIFF PROVIDED NOTICE THAT HE IS CONTESTING ON JANUARY 1, 2024. The instant action turns on Plaintiff's allegations surrounding a motor vehicle crash and the resultant injuries Plaintiff suffered. Defendant now moves to compel responses to the thirteen re...

Excerpt: ...een the parties. (Code of Civ. Proc., S 452; Saxer v. Philip Morris Inc. (1975) 54 Cal.App.3d 7, 18.) The demurrer admits the truth of all material facts properly pleaded (i.e., all ultimate facts alleged, but not contentions, deductions or conclusions of fact or aw). (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 952, 966-967.) The court grants defendant's request for judicial notice. ((Lockhartv. MVM, Inc. (2009) 175 Cal.App.4th 1452, 1460 [ju...

Excerpt: ...e the Clerk's Judgments and Set a New Trial (motions to vacate). Plaintiffs and third-party California Department of Industrial Relations, Division of Labor Standards Enforcement, Labor Commissioner object. Initially, the court notes that Manalo has provided the improper address for the hearing. Department 4 is not located in Redwood City as the notice states, but instead at the Central Courthouse, Department G, 800 North Humboldt St„ San Mateo...

Excerpt: ...ntral Courthouse, Department G, 800 North Humboldt St., San Mateo, CA 94401. (See Cal. Rules of Court, Rule 3.1110 [the Notice "must specify" the location of the hearing].) Since defendant is in pro per, plaintiffs are to contact defendant by 4:00 p.m. on January 8, 2024 to provide him with the proper location for the hearing. Zoom appearances are allowed. The court also notes that plaintiff's motion does not comply with the requirements of Calif...

Excerpt: ...y Fried shall provide further responses to Special Interrogatories, Set Three, nos. 35, 37, 38 (partial) and 42 and Requests for Production, Set Three, nos. 17, 19, and 22 no later than February 6, 2024. Plaintiff Daniel Jay Fried shall produce all documents responsive to Requests for Production, Set Three, nos. 17, 19, and 22 no later than February 6, 2024. As a preliminary matter, this motion was previously set to be heard on December 19, 2023....

Excerpt: ...of service of the Order Shortening Time ("OST") as ordered. However, Defendants filed a substantive opposition, and do not raise any issue regarding Plaintiff's failure to serve the OST. Therefore, it appears Defendants received adequate notice of this Motion and the OST. Plaintiff is reminded to comply with such service requirements in the future or else the Court may be inclined to deny the Motion for failure to establish proper service. "The c...

Excerpt: ...8:104, 18:106 (Oct. 2023 update).) On November 30, 2023, defendants timely filed a notice of intention to move for a new trial which lists six grounds for a new trial: "1. Irregularity in the proceedings of the court, jury or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial. 2. Accident or surprise, which ordinary prudence could not have guarded against. 3. Newly discover...

Excerpt: ...ES BY 4:00 P.M. ON FRIDAY, DECEMBER 29, 2023, BUT THE ORAL ARGUMENT WILL BE JANUARY S, 2024 AT 2:00 P.M. RATHER THAN JANUARY 2, 2024. IF THE COURT DOES NOT RECEIVE NOTICE THAT THE TENTATIVE IS CONTESTED, THEN THE TENTATIVE WILL BE ADOPTED AT THE JANUARY 9, 2024 HEARING. The Motion of Plaintiffs/cross- Defendants Thomas Robert arouchoud and Lynda Elaine Flores arouchoud, Trustees of the Thomas Robert Brouchoud and Lynda Elaine Flores Brouchoud Tru...

Excerpt: ...TIMOTHY ALEXANDER TENTATIVE RULING: The Motion of Defendant Timothy Alexander ("Defendant") to Compel Further Responses to Form Interrogatories, Set 1, Special Interrogatories, Set 1 and Request for Production, Set 1, from Plaintiff Ole Ventures Inc. ("OVI") and Request for Sanctions is ruled on as follows: (1) The Motion to Compel Further Responses to Form Interrogatories and Special Interrogatories is DENIED as untimely. A motion to compel furt...

Excerpt: ...g a "Shareholder Agreement" ("Agreement") entered into on April 1, 2016 by Plaintiff Ester Uziel ("Plaintiff") and her son, Defendant David uziel ("Defendant"). The Agreement, attached as Exhibit A to both Plaintiff's initial verified Complaint and her unverified First Amended Complaint ("FAC") contains an arbitration provision at paragraph 9.1, which reads: "If a dispute arises out of or relates to this Agreement or its breach, the parties agree...

Excerpt: ...on submitted in support of Defendants' Reply is OVERRULED. Existence of Agreement to Arbitrate On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, u...

Excerpt: ...laint is SUSTAINED in part and OVERRULED in part. Defendants Matte Sun Group, LLC's and Evan Haskell's Request for Judicial Notice is DENIED as irrelevant. (AL Holding Co. v. O'Brien & Hicks, Inc. (1999) 75 Cal.App.4th 1310, 1313 fn. 2 ["a court must decline to take judicial notice of material that is not relevant"].) As a preliminary matter, Plaintiff TGA F299 Franklin LLC's opposition was not timely filed or served. (See Code of Civ. Proc„ S ...

Excerpt: ...Annuity Association of America (2020) 53 Cal.App.5th 71, 80—81.) Plaintiff Satish Sandadi's Request for Judicial Notice is DENIED as irrelevant. (AL Holding Company v. O'Brien & Hicks, Inc. (1999) 75 Cal.App.4th 1310, 1313 fn. 2 ["a court must decline to take judicial notice of material that is not relevant" l.) Defendant's Objections to Evidence are SUSTAINED as to the six declarations submitted by Plaintiff in support of his opposition — ex...

Excerpt: ...psed registration. SMCSO's Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the First and Second causes of achon and the remaining causes of action against the SMCSO are STRICKEN for the reasons below. A demurrer tests the legal sufficiency of the pleadings, raising issues of law but not fact regarding the form or content of the opposing party's pleading. (Donabedian v. Mercury Insurance Company (2004) 116 Cal.App.4th 968, 994.) Because a demur...

Excerpt: ...ons, LLC ("Cross-complainants"), is OVERRULED. Cross Complainants did not file an opposition to this Demurrer, but filed a Notice of Filing of Second Amended Cross-complaint on December 21, 2023 and an Objection to Amiseq's Reply on December 28, 2023. Despite its label, the Objection is essentially an unauthorized surreply filed without leave of court as it responds to the arguments raised by Amiseq's Reply. The Court therefore has discretion to ...

Excerpt: ... Background. On March 6, 2023, the Court issued a Civil Harassment Restraining Order, prohibiting/enjoining Amber Baptiste from repeating 18 statements/allegations about Goguen that Baptiste had previously made in various social media postings. (3-6-23 Restraining Order.) Thereafter, Baptiste continued sending email communications repeating these prohibited statements/allegaäons, and thus, which violated the Restraining Order. On May 18, 2023, a...

Excerpt: ...inaton in January 2023. Defendant seeks to compel arbitration on the ground that Plaintiff's Employment Agreement with Defendant, which Plaintiff signed, contains a binding agreement to arbitrate all claims alleged in Plaintiff's Complaint. CCP S 1281.2 requires the Court to order contractual arbitration "[Oln petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party ...

Excerpt: ...from Ruling on Defendant's Petition This action was stayed when the Court granted defendant's motion to compel arbitration. (See Order, Aug. 7, 2023.) Once arbitration is ordered and the action stayed, the Court retains "merely vestigial jurisdiction over matters submitted to arbitration." Those matters include confirming, correcting, or vacating an arbitration award. (Titan/value Equites Grp., Inc. v. Superior Ct. (1994) 29 Cal.App.4th 482, 487;...

Excerpt: ...v. Proc., S 430.10, subd. (e).) A. Background This case arises from a series of disputes between plaintiff Tadayoshi Hirata and individual defendant William Watt ("Watt"), who is alleged to be an officer and manager at defendant AVM. AVM filed a demurrer to plaintiff's First Amended Complaint ("FAC"), which the Court sustained with leave to amend. (September 13, 2023 Minute Order.) As did the FAC, the SAC again asserts four causes of action again...

Excerpt: .... IF THE COURT DOES NOT RECEIVE NOTICE THAT THE TENTATIVE IS CONTESTED, THEN THE TENTATIVE WILL BE ADOPTED AT THE JANUARY 9, 2024 HEARING. The Motion of plaintiffs/Cross-Defendants Thomas Robert Brouchoud and Lynda Elaine Flores Brouchoud, Trustees of the Thomas Robert Brouchoud and Lynda Elaine Flores Brouchoud Trust Dated August 27, 2004 ("Plaintiffs") to Tax the Costs Memorandum by Defendants/crosscomplainants Aldo L. Milani, Paul M. Hunter, L...

Excerpt: ... TENTATIVE WILL BE ADOPTED AT THE JANUARY 9, 2024 HEARING. The instant action turns on Plaintiff's allegations surrounding a motor vehicle crash and the resultant injuries Plaintiff suffered. Defendant now moves to compel responses to the thirteen requests for production that make up Defendant's Request for Production of Books, Documents, and Other Things, Set Two. (Ex. A to Notice of Motion Compelling Compliance under Code of Civil Procedure sec...

Excerpt: ... papers, with the determinative fact for the Court being that the Confidential Settlement Agreement and Release (Fairbrother Decl„ Exh. D) was never signed by Plaintiffs or their counsel. Nevertheless, Defendant now seeks to enforce that Agreement. Whether the Notice of Settlement (Fairbrother Decl., Exh. C) was filed inadvertently is irrelevant. Plaintiffs argue that the settlement agreement cannot be enforced pursuant to CCP 5664.6 because it...

Excerpt: ...IED IN PART. The burden of proof is on Defendants that a cause of action cannot be established by showing the undisputed facts presented by Defendants prcwe the contrary of Plaintiffs' allegations as a matter of law. Brantley v. Pisaro (1996) 42 Cal.App.4th 1591, 1597. Defendants, as moving parties, cannot "simply argue or allege that the opposing party has no evidence." Scheiding v. Dinwiddie Construction Company (1999) 69 Cal.App.4th 64, 80—8...

Excerpt: ...is DENIED. A cross-complainant has met his or her burden of show-ng that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. (CCP Once the cross- complainant has met that burden, the burden shifts to the cross-defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. (Ibid.) Th...

Excerpt: ...o constitute a cause or causes of action against the defendant and the answer does not state facts suffcient to constitute a defense to the complaint." (CCP The grounds must appear on the face of the answer or from any matter of which the Court may take judicial notice. (ld., at subd. (d).) The Court may take judicial notice of admissions or inconsistent statements that a defendant has made and that cannot be reasonably controverted and thus disr...

Excerpt: ...ons of the complaint determine whether a "real property claim" is involved. (Urez Corp. v. Sup.Ct. (1987) 190 Cal.App.3d 1141, 1149.) A "real property claim" is any cause of action which, if meritorious, would affect title to specific real property. (Code of Civ. Proc. S 405.4.) "Real property claim" includes a marriage dissolution proceeding in which ownership of real property is at issue. (Kane v. Huntley Fin" (1983) 146 Cal.App.3d 1092, 1095.)...

Excerpt: ...20-23 Requests for Judicial Notice are GRANTED. (Evid. Code Sect. 452(d).) As to these court-filed documents, the Court takes judicial notice of their contents and filing dates, but not the truth of statements/allegatons therein. Defendants' 12-20-23 Objection to the Treasa Gavin declaration is SUSTAINED on grounds that on a motion for judgment on the pleadings, the Court may only consider the subject pleading, and matters subject to judicial not...

Excerpt: ...t Portfolio Servicing, Inc.'s and U.S. Bank, N.A.'s Request for Judicial Notice is DENIED as irrelevant. (AL Holding Co. v. O'Brien & Hicks, Inc. (1999) 75 Cal.App.4th 1310, 1313 fn. 2 ["a court must decline to take judicial notice of material that is not relevant"].) Defendants Select Portfolio Servicing, Inc. and U.S. Bank, N.A. (collectively, "Lenders"), the latter in its capacity as trustee for WaMu Mortgage Pass Through Certificate For WMALT...

Excerpt: ...ormance of the agreement, declaratory relief, or, in the alternative, for resc:ission of the agreement based on mutual mistake. Defendant 930 Linden Ave LLC ("Defendant" or "Linden") now demurs to the Complaint. A demurrer tests the legal sufficiency of the pleadings, raising issues of law but not fact regarding the form or content of the opposing party's pleading. (Donabedian v. Mercury Ins. Co. (2004) 116 CA4th 968, 994.) For the purposes of de...

Excerpt: ...chard Poletti, individually and dba Poletti Realty, and John Poletti, is GRANTED in part and DENIED in part as discussed herein. Issue 1: Claims by Keith Giusto against Poletti Defendants The MSA is DENIED as to Issue 1. It is undisputed that Plaintiff Keith Giusto asserts no claims against any of the Poletti Defendants. Therefore, summary adjudication cannot be granted on claims that are not alleged and there are no claims to dismiss. Issue 2: T...

Excerpt: ...ifications herein. Accordingly, the Court's prior tentative from December 1, 2023, is adopted and incorporated here by this reference. The parties' supplemental briefing following the hearing on December 1, 2023, has not persuaded the Court to change its prior tentative decision that relief is warranted under CCP 5473.5. Here, two years have not yet passed since the default judgment was entered. (See Mar. 30, 2023 Default Judgment.) Nor have 180 ...