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: ...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: ...$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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ... 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: ...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: ...). 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...

Excerpt: ...Make Increase Deposit to $2,000,000 is GRANTED pursuant to Cal. Code of Civ. Proc. 51255.030. The Court previously ruled that Defendant's original Motion for Order Increasing Amount of Deposit of Probable Compensation and Commanding Plaintiff to Increase Deposit to $2 million pursuant to Code of Civil Procedure Section 1255.030 was denied without prejudice for failure to present the factual details required by subsection (a) regarding valuation. ...

Excerpt: .... 1—6, 10, 12—13, 16, 18, 19, 21—23. Defendant's Evidentiary Objections are DENIED. As a preliminary matter, Defendant's separate statement in opposition does not comply with California Rules of Court. Rule 3.1350(f)(2) that requires that, when a material fact is disputed, the evidence supporting the position that the fact is controverted must be described and cited to. In addition, Defendant has not properly bookmarked his exhibits, in vio...

Excerpt: ...s that Defendant claims are the result of mistake, inadvertence, surprise or excusable neglect. First, Defendant claims that the amended memorandum filed on February 1, 2023 exceeded the 15-page limit under California Rules of Court Rule 3.1113(d) because Defendant's counsel did not understand the Court's January 23, 2023 Order since it contained a typographical error referring to "CRC 3.113" instead of "CRC 3.1113." Defendant's counsel further c...

Excerpt: ...ation set forth in bold below. The Court finds the settlement to be within the range of reasonableness of a settlement that ultimately could be granted approval by this Court at the final fairness hearing. Plaintiff's counsel is experienced in class litigation, the case was vigorously contested by Defendant and its experienced counsel, the parties engaged in discovery and Plaintiffs' counsel hired a damage expert, the settlement was reached after...

Excerpt: ...nment Code S 946.6. That statute provides, in pertinent part, as follows: (c) The court shall relieve the petitioner from the requirements of Section 945.4 the court finds that the application to the board under Section 911.4 was made within a reasonable time not to exceed that specified in subdivision (b) of Section 911.4 and was denied or deemed denied pursuant to Section 911.6 and that one or more of the following is applicable: (1) The failur...

Excerpt: ...sy copy of the filed documents, including a nicely tabbed file for the Request for Judicial Notice, counsel for Defendants is directed to comply with California Rules of Court and Local Rules of Court regarding electronically filed documents. Specifically, exhibits must be bookmarked. California Rule of Court 3.1110(f)(4) ("electronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles ...

Excerpt: ...ction Act of 2019 (TPA). According to Defendant, "Although [the Thirty Day Notice to Terminate) purported to state 30 days' notice to tenants, it did not state the 'no fault — just cause' basis, which is critical for determining (at present and in hindsight) whether the TPA has been complied with." (MPA iso Demurrer, at p. 3.) In response, Plaintiff claims that the TPA does not apply because "The Complaint alleges that the lease at issue here i...

Excerpt: ...otection Act of 2019 (TPA). According to Defendant, "Although [the Thirty Day Notice to Terminate) purported to state 30 days' notice to tenants, it did not state the 'no fault — just cause' basis, which is critical for determining (at present and in hindsight) whether the TPA has been complied with." (MPA iso Demurrer, at p. 3.) In response, Plaintiff claims that the TPA does not apply because "The Complaint alleges that the lease at issue her...

Excerpt: ...contends that the issues raised by his Motion have been resolved in part by the production of documents on November 8 and November 29, 2022, but that the issues of a privilege log and of sanctions have not been resolved. (See Reply, at p. 2:3-15.) Defendant's request for an order compelling production of any documents is now moot, as Defendant agrees that the documents were produced after the filing of the Motion. Defense counsel has sought a pri...

Excerpt: ...ral Rules of Venue for Contract Actions As applied to this action, Code of Civil Procedure Section 395 provides two alternative bases for venue: Defendant's residence and the place where the contract was entered into or to be performed. (Cal. Code Civ. Proc., S 395, subd. (a).) Based on the facts of this case, venue based on the contract does not apply. 8. Section 395 Does Not Apply to this Case By the express language of Section 395, the locatio...

Excerpt: ...) entered between Plaintiff and Boardwalk Nissan on grounds that Plaintiff should be equitably estopped from refusing to arbitrate his claims against Defendant. The arbitration provision —to which Defendant is not a signatory— states, in pertinent part, as follows: Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision and the arbitrability of the claim or di...

Excerpt: ...o arbitration all claims raised in the Complaint. This achon is STAYED pending resolution of the arbitration proceedings. Defendants seek to compel the submission of Plaintiff's claims to arbitration pursuant to an agreement (the "Arbitration Agreement") entitled "Brooksdale Dispute Resolution Policy" and allegedly signed by Plaintiff. (See Jan. 20, 2023 Declaration of Audrey Withers ("Withers Decl."), 5, exh. A ("Arb. Agmt.").) Plaintiff makes s...

Excerpt: ...d the gift card. The argument lacks merit. Plaintiff alleges that he read Nordstrom's representations about how secure the gift cards are. (9AC Para. 15.) Plaintiff alleges that in reliance on those statements, he asked Mr. Devorkin to buy him a Nordstrom gift card for his 50th birthday. (ld. Para. 18.) Mr. Devorkin did so. Under the liberal pleading standard for demurrers, these allegations are sufficient to allege that Devorkin was acting as Pl...

Excerpt: ... Sect. 1005, subd. Plaintiff is reminded to comply with filing and service deadlines in the future. Defendant Diwa Rachakonda's demurrer to the first cause of action (breach of contract) is SUSTATINED WITH LEAVE TO AMEND. Demurrer to the second cause of action (common count for work, labor, services) is OVERRULED. Plaintiff shall file and serve his First Amended Complaint on or before May 8, 2023. The first cause of action (breach of contract) fa...

Excerpt: ...ctions as follows: Discovery is broad and its purpose is to provide information so that there are no surprises at trial. See Children's Hosp. Central. Cal. v. Blue Cross of Cal. (2014) 225 Cal.App.4th 1260, 1276; Code of Civ. Proc. S 2017.010. One way that parties obtain this information is through contention interrogatories, which are authorized by Code of Civil Procedure section 2030.010(b). On August 16, 20231, twenty months ago, Plaintiffs fi...

Excerpt: ...act to a claim for breach of contract (fourth cause of action) and to add a cause of action for unjust enrichment/quantum meruit against new defendants, the clients. Ryan opposes the amendment. A court has discretion to allow an amendment to a pleading on any just terms and at any time, even after commencement of trial. Code of Civ. Proc., SS 473, 576. The statutes that give courts authority to allow amendments are to be construed liberally in fa...

Excerpt: ... quiet title and constructive trust are real property claims. 80th claims, if successful, would result in a change of title. However, as discussed below, Plaintiff fails to plead facts demonstrating the probable validity of any real property claims. 1. Quiet Title. The general rule is that the holder of equitable title cannot maintain a quiet title action against the holder of legal title. (Warren v. Merrill (2006) 143 Cal.App.4th 96, 113.) An ex...

Excerpt: ...otection Act of 2019 (TPA). According to Defendant, "Although [the Thirty Day Notice to Terminate] purported to state 30 days' notice to tenants, it did not state the "no fault — just cause" basis, which is critical for determining (at present and in hindsight) whether the TPA has been complied with." (MPA iso Demurrer, at p. 3.) In response, Plaintiff claims that the TPA does not apply because the "Complaint alleges that the lease at issue her...

Excerpt: ...t Protecton Act of 2019 (TPA). According to Defendant, "[a]lthough [the Thirty Day Notice to Terminate] purported to state 30 days' notice to tenants, it did not state the "no fault — just cause" basis, which is critical for determining (at present and in hindsight) whether the TPA has been complied with." (MPA, at p. 3.) In response, Plaintiff claims that the TPA does not apply because the "Complaint alleges that the lease at issue here is for...

Excerpt: ...4); and (2) GRANTED, BUT NOT FOR THE TRUTH OF THE MATTERS ASSERTED THEREIN, as to Galicha and Bell's respective cross-complaints (Ex. 1, 2) and the court order issued on September 14, 2017 in DOE v. Google (S.F. sup. ct. case no. CGC-16-556034) (Ex. 5). All objections are OVERRULED. DFS has not met its initial burden of proof to demonstrate there are no triable issues of material fact as to Issue nos. 1 — 12. For Issues nos. 1, 2, 5, 6, 9, DFS ...

Excerpt: ...ed to Steven Baik is GRANTED for the reasons set forth below. Krafton's request for sanctions is DENIED. By this Motion, Krafton seeks to quash the subpoena issued to Baik by Plaintiffs and Cross-defendants NetEase Inc., Hong Kong NetEase Interactive Entertainment Ltd., and NetEase Information Technology Corp. (collectively "NetEase"), which requests Baik produce the Engagement Letter detailing the fee arrangement between himself and Krafton with...

Excerpt: ... is ordered to provide answers to NetEase's questions regarding whether he has a financial interest in the outcome of this litigation, as discussed in this ruling, in a further deposition. The further deposition is to take place no later than April 18, 2023, except as agreed upon by the Parties and their respective counsel. By this Motion, NetEase seeks to compel Steven Baik's answers to certain deposition questions. These questions sought to dis...

Excerpt: ...defendant has filed an answer to a prior complaint. (See Code of Civ. Proc., S 430.10.) And here, contrary to Plaintiff's contention, the Demurrer is a general one rather than a special one, which is explicit in the notice and readily apparent from the supporting papers. (See, e.g„ Jan. 25, 2023 Notice of Demurrer, pp. 1—2.) A general demurrer is made on the basis that the complaint "does not state facts sufficient to constitute a cause of ac...

Excerpt: ...ng for Redwood City. The Demurrer of Defendant Margaret Young ("Defendant") to the Fifth Cause of Action for Negligent Entrustment of a Motor Vehicle in the Second Amended Complaint ("SAC") by Plaintiff Mary Helena Celine Joseph, individually and as successor-in- interest to Gryselda Joseph ("Plaintiffs"), is OVERRULED. The rules for a demurrer are well known: In reviewing the demurrer, the Court construes the allegations liberally, reading the c...

Excerpt: ...plaint is SUSTAINED WITH LEAVE TO AMEND for the reasons set forth below. Plaintiff is to file a Second Amended Complaint no later than five (5) days after service of written notice of this order. Plaintiffs 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 constitute a cause of action, and specially, on the bases that Haskel...

Excerpt: ...ather than 8(1) North Humboldt St., San Mateo, CA 94401, where Judge Fineman's courtroom is located. Defendant went to City, but was then able to connect to the hearing via Ztnm. As a result of Defendant's argument and the fact that the notice indicated the incorrect court location, the Court continued the hearing to April 11, 2023 and provided leave to Defendant to file additional information with the Court by April 4, 2023. Defendant has not fi...

Excerpt: ...e Court's ruling on Defendant's Motion for Judgment on the Pleadings. 8. Discussion 1. Paragraph 9 Does Not Support Granting Summary Judgment Defendant argues that Paragraph 9 is an exculpatory clause that precludes liability for breach of contract. That argument is unpersuasive. i. Paragraph 9 Is an Indemnity Clause, Not an Exculpatory Clause In the absence of any extrinsic evidence, the Court may "determine the parties' intentons as disclosed b...

Excerpt: ...N-PART. 1. Procedural Matters Defendants' October 12, 2022 Request for Judicial Notice is GRANTED. (Evid. Code, S 452(d).). Defendants' Reply brief argues that the Court should not consider Plaintiff's Opposition brief due to alleged improper electronic service, and non- compliance with the parties' agreement regarding service. In the Court's discretion, the Court has considered Plaintiff's Opposition brief, but admonishes the parties that, going...

Excerpt: ...On March 23, the Court issued a Tentative Ruling indicating an intention to sustain the Demurrer, which at that time appeared to be unopposed, for the reasons argued in Defendant's moving papers. On March 21, Plaintiff filed a late Opposition brief. Defendant then requested a continuance of the March 24 hearing to allow Defendant time to file a Reply brief. Accordingly, at the March 24 hearing, rather than adopt its Tentative Ruling, the Court co...

Excerpt: ...t Defendants did not give Plaintiff Gloria Rodriguez a thirty-day notice before the locks were changed and she was refused reentry to a residence located at 237 Poplar Avenue in Redwood City (the "Property"). By this Motion, Defendants contend that the action has no merit because Plaintiff cannot establish that Defendants were landlords nor establish that she was entitled to a thirty day notice. A. Legal Standard on Summary Judgment "A party may ...

Excerpt: ...the Third Cause of Action ("intentional infliction of emotional distress"), the demurrer is SUSTAINED with leave to amend. Code Civ. Proc. Sect. 430.10(e). Plaintiff's Complaint alleges that Defendant is guilty of "extreme and outrageous" conduct because Defendant had "actual and constructive knowledge" of a bed bug problem in its hotel, yet failed to disclose the problem to Plaintiffs, which resulted in Plaintiffs' allegedly sustaining personal ...

Excerpt: ...edia Inc. v. Superior Court (1999) 20 Cal.4th 449,457, fn. 9. Defendant's Request for Judicial Notice in support of the Reply is DENIED. General Demurrer for Failure to Comply with Tort Claims Act Defendant's unopposed General Demurrer to the entire Complaint for failure to comply with tort claims requirements is SUSTAINED without leave to amend pursuant to Cal. Code of Civ. Proc. S 430.10(e). Plaintiff's Complaint fails to comply with the requir...

Excerpt: ...hilip 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 law). (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-957.) A. First Through Fourth Causes of Action (Negligence) The Demurrers to the first, second, third, and fourth causes of achon are OVERRULED. The ground for each demurrer is t...

Excerpt: ...s set forth below. Request for Judicial Notice. Defendant/cross-complainant Milana Ostroy's 3-16-23 and 3-17-23 Requests for Judicial Notce are GRANTED. Evid. Code Sect. 452(d). Milana's Ostoy"s Opposition. Plaintiff Yelnin correctly notes that Milana Ostroy filed her 3-16-23 Opposition brief one day late. Pursuant to Code of Civil Procedure Section the Opposition was due March 15. In its discretion, however, the Court has considered Ostroy's Opp...

Excerpt: ...s: The Court finds that since no opposition has been filed for this properly served motion, all procedural objections to the motion, if any, have been waived. a. Form Interrogatory No. 6.7 This form interrogatory asks for information regarding any health care provider that advised future treatment is needed for Plaintiff's injuries, including the name and address, the complaints for which treatment was advised, and the nature, duration and estima...

Excerpt: ...iffs were contesting the hearing. However, Plaintiffs' counsel appeared by Zoom and, despite repeated efforts by the Court to have Plaintiffs' counsel make an appearance when the case was called, Plaintiffs' counsel never was able to obtain an audio connection to address the Court (the Court could see Plaintiffs' counsel on the screen). Therefore, with defense counsel's agreement, the Court continued the motion to March 28, 2023 for argument. Pla...

Excerpt: ...earned wages (second), (3) failure to prov-de accurate wage statements (sixth cause of action), and (4) unfair competition as derivative of the first, second and sixth causes of action (eighth cause of action) for the following class certified and defined as: All California owner-operator franchisee cleaners who signed a franchise agreement that did not include any arbitration agreement with Vanguard Cleaning Systems, Inc., or its regional franch...

Excerpt: ...ivil Procedure section 435.16 (Anti-SLAPP) as follows: BURDEN OF PROOF ON A SLAPP MOTION "Enacted by the Legislature in 1992, the ant-SLAPP statute is designed to protect defendants from meritless lawsuits that might chill the exercise of their rights to speak and petition on matters of public concern." Wilson v. Cable News Network, Inc. (2019) 7 Cal.5th 871, 883—884 (citations omitted). In Bonni v. St. Joseph Health System (2021) 11 Cal.5th 99...

Excerpt: ...ng reviewed BG's moving papers and supporting evidence, the Court finds good cause to sign an expungement order (assuming it is in proper form), conditioned on BG giving an undertaking. (See id., S 405.33.) Further, BG's October 5, 2022 Request for Judicial Notice is GRANTED as to Exh. 1 (Evid. Code, S 452(c)), and GRANTED as to Exhs. 2-3 (ld., S 452(d)). Factual and Procedural Background. Plaintiffs allege that the subject residential real prope...

Excerpt: ...spose of all causes of action. Defendants' Alternative Motion for Summary Adjudication of Plaintiffs' Complaint is GRANTED-IN-PART and DENIED-IN-PART. Specifically, Defendants' Motion for Summary Adjudication is GRANTED as to Issues 4, 6, 12, 14, 16, and DENIED as to Issues 1, 2, 3, 5, 7, 8, 9, 10a, 10b, 11, 13, 15, 17, and 18. Defendants' Objections 1. Opposing Declaration of Randy Dizitser (Exhibit 3 to the Compendium of Evidence in Opposition ...

Excerpt: ... Dizitser") and Michelle Dizitser ("M. Dizitser") Crosscomplaint is GRANTED. The undisputed material facts show that the Cross-complaint has no merit and Cross-defendants AVJOG and Chadha are entitled to judgment in their favor. A. First Cause of Acton (Wrongful Eviction) 1. Issue 1: The Dizitsers Were Neither Parties to nor ThirdParty Beneficiaries of the Lease between AVJOG and MxM It is undisputed that the Dizitsers were not parties to the Lea...

Excerpt: ... to Evid. Code, S 452(d). The Court additionally takes judicial notice of the pleadings filed in related Case No. 1. Defendant Sarah Hillhouse's Demurrer to the 13th COA for Civil Embezzlement is OVERRULED The Court analyzed a demurrer to a similar COA in Plaintiff's Crosscomplaint in a related action, Case No. 22-CL_J-WCb40, and overruled the demurrer to that COA because the Court found that under a broad, liberal reading of the pleading, the Cr...

Excerpt: ...he Court's January 11, 2023 Order compelling Plaintiff to serve responses to Defendant's Form Interrogatories, Set One, Special Interrogatories, Set One and Request for Production of Documents, Set One, as well as Plaintiff's failure to submit any Case Management Statements ahead of scheduled case management conferences. According to the declaration of Defendant's counsel, "Plaintiff has not served verified discovery responses pursuant to the Cou...

Excerpt: ... order. Plaintiff's Request for Judicial Notice is GRANTED. Plaintiff's Complaint alleges, inter alia, Defendants committed financial elder abuse and breached their duties as fiduciaries when they pressured her into selling her house without attempting to solicit bids from other buyers via a multiple listing service ("MLS"). Here, Defendants demur to each of the two causes of action in the Complaint pursuant to Code of Civil Procedure section 430...

Excerpt: ... Defendants committed financial elder abuse and breached their duties as fiduciaries when they pressured her into selling her house without attempting to solicit bids from other buyers via a multiple listing service ("MLS"). Here, Defendants move to strike all requests for punitive damages from the Complaint. As a preliminary matter, Defendants failed to meet and confer as required by Code of Civil Procedure secton 435.5. This statute requires a ...

Excerpt: ...NG: Plaintiffs serra Falk Goldman's and George G.'s unopposed Motion to Seal, filed 2-24-23, which seeks an Order sealing certain documents filed in support of, and in opposition to, defendant Cirrus' Motion for Review of the Discovery Referee's Pre- Trial Order ISA, is GRANTED. CRC 2.550(d); 2.551. Plaintiffs seek an order sealing the confidential versions of the documents listed below, which were filed/lodged with the Court on Feb. 14, 2023 and...

Excerpt: ...de that the parties agreed to permit discovery on issues pertaining to enforceability of the Arbitration Agreement. The discovery at issue falls into nine general categories: formation of the arbitration agreement, presentation of arbitration agreements to residents, withdrawal of arbitration agreements, arbitration costs, conduct of arbitration, ownership of arbitration entities, motions to compel arbitration, initiation of arbitration, and the ...

Excerpt: ... cautioned regarding signing declarations under oath absent personal knowledge of the facts stated therein. The 1-5-23 Karen Evans declaration does not appear to be based on personal knowledge. If counsel did not participate in the alleged phone call, then she should not be stating, under penalty of perjury, based on alleged personal knowledge, that the phone call took place. Nonetheless, the Court deems the meet and confer to have been sufficien...

Excerpt: ...erver and Defendants have filed a reply. The Court GRANTS the motion. FACTS On February 6, 2023, Plaintiff filed three proofs of service showing person service by a registered process server on each of the three defendants on January 28, 2023 at 10:08 a.m. In support of the moving papers, Defendants each filed a declaration stating that they were not personally served. Pauli and Paleste Tau declare that they were home that day, but were never ser...

Excerpt: ...23 for ease of tracking: The Court rules on Defendants' Motion in Limine No. 13 to Exclude Permanent Nuisance Damages as follows: The Court GRANTS the unopposed Requests for Judicial Notice. The Court takes judicial notce of these documents' existence, the date and nature of the acts and pleadings, but not necessarily for the truth of facts asserted within the documents. Julian Volunteer Fire Co. Assn. v. Julian-Cuyamaca Fire Protection Dist. (20...

Excerpt: ...urthouse. Department 4 is located at the Central Courthouse, 800 North Humboldt St., Courtroom G, San Mateo, CA 94401. Plaintiffs, however, noticed the hearing for Redwood City. OBJECTION TO SEPARATE STATEMENT Defendants object to Plaintiffs' separate statement of Undisputed Material Facts ("SSUMF") for failure to comply with California Rules of Court 3.1350(b),(h). Plaintiffs' Notice of Motion indicates that summary judgment/adjudicaton is sough...

Excerpt: ... whether a settlement is fair, reasonable and adequate. (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 75—77.) After conducting this independent review of this proposed settlement, the Court DENIES WITHOUT PREJUDICE Plaintiff Y. Thomas' Motion for (1) Preliminary Approval of Class Action Settlement Agreement; (2) Approval of Notice to Class Members and Related Materials; (3) Approval of Settlement Administrator; and (4) Setting Hearing fo...

Excerpt: ...epartment's ("Defendant") Motion to Compel Plaintiff Joseph Echema's ("Plaintiff") Responses to Set No. 1 of Defendant's Requests for Production of Documents, Form Interrogatories, and Special Interrogatories and to Impose Sanctions is DENIED for the reasons set forth below. A. Defendant's Request for Order Compelling Further Responses Is untimely On March 26, 2021, Plaintiff served verified responses to Defendant's First Set of Requests for Prod...

Excerpt: ...ENIED-IN-PART. (Cal. code Civ. Proc., SS 1281.2, 1281.4.) Plaintiff Brennan Lawson ("Plaintiff") has filed two actions against Defendant Meta. The two related cases inwlve substantially the same allegations against Defendant. The Court has already determined that the instant case (Case No. 22ClV03300, filed on August 11, 2022) is related to Case No. 22ClV02723, filed on July 5, 2022. (See October 10, 2022 Order Deeming Cases Related.) In this cas...

Excerpt: ...16, 2023. At that time, Defendants had not filed an opposition. At the hearing on February 16, 2023, Defendants claimed that they never received the Motion so the Court continued the hearing to February 23, 2023. At the hearing on February 23, 2023, the Court continued the hearing to March 16, 2023 and set a briefing schedule for Defendants' opposition, and Plaintiff's reply. 80th Defendants and Plaintiffs timely filed their briefs. In their oppo...

Excerpt: ...ition is CONTINUED to May 25, 2023 at p.m. The parties are ORDERED to file and serve simultaneous supplemental briefs no longer than seven (7) pages on or by April 6, 2023 addressing the following issues: 1. Whether Logan v. Country Oaks Partners LLC (2022) 82 Cal.App.5th 365 [review granted) can be reconciled with Hutcheson v. Eskaton Fountainvvoc„d Lodge (2017) 17 Cal.App.5th 937 (Hutcheson)? And if so, how? 2. Whether Hutcheson is distinguis...

Excerpt: ...pursuant to cal. code of Civ. Proc. S 430.10(e). These causes of action are time barred by the applicable statute of limitations under Code of Civil Procedure section 337(a), and therefore fall to state a claim upon which relief can be granted. The gravamen of Plaintiff's First Amended Complaint arises out of alleged overcharges on Plaintiff's real estate loan from Defendant Bank of America, in which Plaintiff received a misstated HUD-statement w...

Excerpt: ... hereby STAYED pending resolution of the arbitration proceeding. Code Civ. Proc. Sect. 1281.4. As a matter of public policy, California courts favor the enforceability of arbitration agreements. Code Civ. Proc. Sect. 1281.2 provides that upon a showing that the parties entered into a valid agreement to arbitrate, and that a party thereto has refused to arbitrate the controversy, the Court "shall" order the parties to arbitrate "unless it determin...

Excerpt: ...ction for Money Had and Received is GRANTED. EKA's Request for Judicial Notice is GRANTED. On reply, the Plaintiff submitted additional evidence in support of his Motion, to which Defendant objects. The Court, in making fts ruling, has not considered any of the new evidence submitted by Plaintiff on reply. Plaintiff's Supplemental Request for Judicial Notice, made for the first time on reply to accompany the new evidence discussed above, is DENIE...

Excerpt: ...ARTIES ARE TO APPEAR. The Stipulation provides that if Defendant Rene Michelle Costas ("Defendant") fails to make a payment, Plaintiff shall give written notice to Defendant and Defendant shall be allowed an additional 10 days from the date of the written notice to cure the default. (Mahfouz Decl., Exh. A, Stipulation 11.) Defendant is to provide written notice of any address change, or else the address in the Stipulation remains valid for Notces...

Excerpt: ...ainst the Property, Attempting to sell or dispose of the Property, Modifying the Property including purporting to 'improve' the Property, and Taking any further funds from the 536 Laidley Street Partnership Bank account." (Notice of Motion at 2:3-9.) However, the Court grants a preliminary injunction against Defendant Abel's accepting any offer to purchase the property at a price to which a majority of the partners does not agree. Defendant Abel,...

Excerpt: ...e of Civ. Proc. S 430.10(e). The Slome Decl. ISO Defendant's Demurrer indicates that counsel exchanged written correspondence in efforts to meet and confer. Slome Decl., 92. This does not satisfy the requirements Cal. Code of Civ. Proc. 5430.41(a) to meet and confer in person or by telephone. The Court, in its discretion, has reached the merits of the Demurrer. This action arises out of alleged elder abuse and breach of fiduciary duty related to ...

Excerpt: ...ferences that may be drawn from those facts." (Miklosy v. Regents of the University of Cal. (2008) 44 Cal.4th 876, 883.) The Court may "also consider matters that may be judicially noticed .. " (Brown v. Deutsche Bank Natl. Trust Co. (2016) 247 Cal.App.4th 275, 279.) he Court does "not, however, assume the truth of contentions, deductions or conclusions of law." (Guerrero v. Pacific Gas & Electric Co. (2014) 230 Cal.App.4th 567, 571.) Because the...

Excerpt: ...vil Procedure section 481.010, et seq.)] are subject to strict construction," and a court may not issue a writ of attachment unless authorized by those statutes. (Pacific Decision Sciences Corp. v. Superior Court (2004) 121 Cal.App.4th 1100, 1106.) under the Attachment Law statutes, an application for a writ of attachment must be based on a claim for breach of an express or implied contract. (Code Civ. Proc., S 483.010(a); Korea Water Resources C...

Excerpt: ...ASE SUMMARY The Complaint alleges that on January 7, 2020, Plaintiff Mary Jane Estacio (“Plaintiff”) entered into a warranty contract with Nissan regarding a 2018 Nissan Kicks (“vehicle”). Plaintiff attaches a copy of the express warranty to the Complaint. (See Defendants' Request for Judicial Notice, Exh. 1.) Plaintiff claims that the vehicle had defects and nonconformities to the warranty. Plaintiff delivered the vehicle to GSN for repa...

Excerpt: ...roc. Sect. 437c. Legal standard. A motion for summary judgment 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 defendant has met its burden of showing that a cause of action has no merit if defendant shows that one or more elements of the cause of action cannot be established, or that there is a co...

Excerpt: ...es not state facts sufficient to constitute a defense to the complaint. (Code of Civ. Proc. (“C.C.P.”) § 438(c)(1)(A).) Plaintiff asserts that the Complaint states facts sufficient to constitute a breach of contract cause of action. (See Plaintiff's Memorandum, p.2:12-16.) Plaintiff claims that the Complaint establishes the existence of a contract between Plaintiff and Defendant, that Defendant breached the contract and that Defendant failed...

Excerpt: ...- Compel Duplicate Deeds. Plaintiff's claim to “compel duplicate deeds” is based on an allegation that two grant deeds relating to real property in Santa Clara County were stolen from a safe. (Complaint para. 65-69.) The Probate Court of this County fully adjudicated the issue of the deeds on the merits when it granted Defendant WALLACE's Rental Properties Petition. The Probate Court ruled that ROBERT had no valid property interest in the pro...

Excerpt: ... (30) days after written notice of entry of this order. Failure to timely file an amended pleading in compliance with this order may result in dismissal of this action. The Request for Judicial Notice of Private Defender Program Office (“PDPO”) is GRANTED. Defendant demurs to the Supplemental Complaint on the grounds that the claims are barred by res judicata, that the pleading is uncertain, and that insufficient facts are stated as to consti...