Excerpt: ... the court finds that at least some of the requested deposition testimony is relevant to the summary judgment motion and that there would be no material prejudice to continuing the moton hearing date by 30 days. The court therefore GRANTS IN PART the motion to compel and GRANTS the motion for a 30-day continuance of the summary judgment hearing. II. BACKGROUND Newman became a resident of Manor Care, a skilled nursing and rehabilitation facility, ...

Excerpt: ...ading northbound on Interstate 280 in Cupertino, California. (Complaint, '1 12.) The car in which Cao was riding was struck twice by a car operated by defendant Dante Martinez Escamilla, who was reported to be driving under the influence. (Ibid.) upon the second collision, the car containing Cao ran off the road and hit a tree. (ld., at "1 12, 39.) Among other things, the complaint alleges that if adequate safety measures had been placed on the f...

Excerpt: ...ENIED. At the outset, it is important to note that Ren does not claim a current or former attorney-client relationship with Zou. Normally, a party must have had an attorney-client relationship with an opposing attorney in order to have standing to bring a moton to disqualify. (See Jarvis v. Jarvis (2019) 33 Cal.App.5th 113, 131-133.) A non-client may still move for disqualification of opposing counsel in certain limited circumstances. In this cas...

Excerpt: ...first set of requests for production of documents" as to the same defendant. The court finds that the earlier "first set" that is the subject of the current motion was superseded by the subsequent "first set" that the court addressed on April 4. Accordingly, this motion is denied as moot. Plaintiffs Whispering Oaks Residential Care Facility LLC, Whispering Oaks RCF Management Co. Inc., and Naren Chaganti ("Plaintiffs") originally served a "First ...

Excerpt: ...nal and still-operative form complaint on December 3, 2019, and it states two causes of action: (1) General Negligence, and (2) Premises Liability. There are no exhibits attached to the complaint. The complaint refers collectively to the "Defendants" and does not make any distinction between DL Bar and La Senda. The only narrative portions of the complaint are attachments for General Negligence and Premises Liability. The first of these (the Gene...

Excerpt: ...n the complaint is barred because the purpose ofthe lease was "deemed illegal by the City of San Jose." • In '1 10, changing Anatomage's admission that it "terminated its Lease due [tol the Landlord's improper and unlawful conduct" to an admission that it "vacated Suite 100 of the subject Premises after being served with Plaintiff's Notice to Cure or Quit dated September 19, 2019, and thereafter vacated Suites 650 and 700 .. . due [tol the Land...

Excerpt: ...y is where Mummah resided at the time of commencement of the acton. On April 22, 2022, Li filed the operative first amended complaint for declaratory relief ("FAC"). On September 2, 2022 Mummah filed: 1. Answer to the FAC; and 2. Cross-complaint for Violation of Federal and California Fair Debt Collection Practices Acts ("FDCPA") ("cross-complaint"). The cross-complaint names Li's attorney, Scott A. Flaxman, as cross-defendant. On March 5, 2023, ...

Excerpt: ...pired on January 31, 2023. (Comp'. at '16.) It further alleges that the expired tenancy was exempt from the Tenant Protecton Act of 2019 under two provisions: (1) Civil Code section 1946.2, subdivision (a) (stating in pertinent part that the Act only applies "after a tenant has continuously and lawfully occupied a residential real property for 12 months"), and (2) Civil Code section 1946.2, subdivision (e)(4) (stating that the Act does not apply ...

Excerpt: ...ourt GRANTS Cisco motion. The court also finds that Cisco has demonstrated "no reasonable likelihood" of Ali's prevailing in this action and that it is therefore entitled to an order that Ali post a security before continuing this litigation. Nevertheless, the court finds no evidentiary basis for the $250,000 requested by Cisco and therefore orders the parties to appear to address the question of the appropriate amount. Code of Civil Procedure se...

Excerpt: ...e of Civil Procedure section 340.1, subdivision (b)(l), does not apply to the conduct alleged here. Accordingly, the court denies the motion. As an initial matter, the court notes that the complaint names three defendants (in addition to Doe defendants): the Church, the Corporation of the President of the Church of Jesus Christ of Latter- Day Saints (the "Corporation of the President"), and Phil Stewart, a former bishop. The motion is unclear, ho...

Excerpt: ...hat certain limited discovery is needed in order to oppose the motons. Having reviewed the submissions of the parties, the court grants in part and denies in part the motion to lift the stay of discovery: • Subpoena for documents from Stanford: GRANTED. The court finds that White has shown good cause to obtain documents from Stanford relating to: (1) any complaints of sexual assault against White by the defendants, and (2) complaints of any nat...

Excerpt: ...all defendants: (1) Wrongful Death; (2) Survival Action — General Negligence; (3) Breach of Implied Contract; (4) Breach of Contract; (5) Violation of California Education Code secton 65270; (6) Loss of Consortium; (7) Negligent Infliction of Emotional Distress; and (8) Intentional Infliction of Emotional Distress. There are no exhibits attached to the complaint.3 Currently before the court is a demurrer by defendant The Board of Trustees of th...

Excerpt: ...el; (4) Fraud; (5) Unfair Business Practice[s]; (5) Unjust Enrichment; (7) Money Paid; (8) Accounting; and (9) Conspiracy. She alleged that defendants Wu, Hu and Li were all the alter egos of We Party. We Party brought a demurrer to the original complaint, as well as a motion to strike the complaint's request for punitive damages. Ren, now self-represented, filed oppositions to the demurrer and motion to strike. Ren also filed a motion for leave ...

Excerpt: ...h the original complaint and the first amended complaint, which were sustained or granted in part. Latessa filed her operative second amended complaint ("SAC") on December 30, 2022. Defendants filed the present demurrer and motion to strike on January 31, 2023. II. FACTUAL ALLEGATIONS IN THE SAC After successfully applying to Stanford's Botha-Chan Entrepreneurship Innovation Program in 2021, the parties allegedly formed a joint venture partnershi...

Excerpt: ...ed partnership agreement that established KCLP ("Limited Partnership Agreement"). That Limited Partnership Agreement for KCLP contains an arbitration clause to which the parties are all signatories. The JAMS arbitration is currently scheduled for a hearing on the merits on October 16-20, 2023, with the same attorneys as in this case. Huang now argues that the present case falls outside the sco# of the Limited Partnership Agreement—and, therefor...

Excerpt: ...February 21, 2023, but of an unfortunate delay in the clerk's office in setting the hearing on Defendants' motions for summary judgment, this court (Judge Kirwan) continued the trial date to July 3, 2023, at Defendants' request. No party requested that the original discovery deadlines be continued, and so Judge Kirwan did not continue the original fact discovery deadline of January 23, 2023. The motions for summary judgment are now scheduled to b...

Excerpt: ...ated seven causes of achon against the City and various Does who allegedly "completely dominate[] and control[]" the City. (Complaint at 12a.) The causes of action alleged were: (1) Discrimination in Violation of the FEHA (based on alleged discrimination against Amir for his "specific religious beliefs"); (2) Retaliation in Violation of the FEHA (based on alleged protected activ-ty consisting of requesting accommodation for his religious beliefs)...

Excerpt: ... Contract; (3) Breach of the Implied Covenant of Good Faith and Fair Dealing; and (4) Slander/Defamation (violation of Civil Code SS 43 and 46). The FAC alleged that Majors worked for Thing5 from December 2, 2019 until his termination on September 29, 2021. (See FAC at 21 and 4.) Included in Exhibit B to the FAC was a copy of Majors's employment offer letter and a copy of Thing5's Employee Handbook from August 2019. The offer letter expressly sta...

Excerpt: ...ng this motion. Tuan's counsel sent one substantive, sharply worded letter to Applied's counsel on December 8, 2022, in which he addressed Applied's objections and answers, and in which he concluded with a threat of monetary sanctions. After Applied responded to this letter, Tuan's counsel never responded substantively again, and he refused to engage in multiple efforts by Applied's attorneys to have a dialogue to resolve their disputes. In an em...

Excerpt: ... judgment debtors Qury Technologies, Inc. ("Qury Tech"), Wei Zheng ("Zheng"), Zhe Liu ("Liu"), and Huican Zhu ("Zhu") appeared, claiming that notice was insufficient and requesting additional time to file an opposition. The court granted the request, continuing the hearing to April 25, 2023 and setting a briefing schedule. The court also granted proposed judgment debtors' request to file a surreply brief. Having now considered all of the submissi...

Excerpt: ...d. 1. Procedural History On September 15, 2022, this court (Judge Kirwan) granted Gargano's motion for judgment on the pleadings, concluding that Plaintiffs' first cause of action and Permanent Injunction") and second cause of action ("Accounting") failed to state sufficient facts to constitute proper causes of action. In particular, the court concluded: (1) that the causes of action were in the nature of derivative claims rather than direct clai...

Excerpt: ...PROCEDURAL BACKGROUND Li originally filed this case on July 7, 2020, alleging that Yu and Dæ Defendants 1-10 made false statements about her on a social media application (WeChat). Li subsequently added defendants Zheng, Wu, Peng, and Wang. On June 7, 2021, Li filed the operative Second Amended Complaint (the "SAC") against Defendants, asserting the following causes of action: 1. DEFAMATION PER SE (AGAINST ALL DEFENDANTS); AND 2. DEFAMATION PER ...

Excerpt: ...ition"); (2) Request for Production No. 36 (which requests documents reflecting measures taken by the Church from 1990-2005 to protect children from sexual abuse); and (3) the corresponding person-most-knowledgeable deposition topics for these document requests (Topic Nos. 1 and 2). C.N. has filed a motion to compel further responses to this same discovery. In addition, C.N. requests monetary sanctions in connection with both motions. In its oppo...

Excerpt: ...January 5, 2023, Chase filed a motion for judgment on the pleadings ("JOP motion"). On February 27, 2023, Porras filed a declaration in opposition to the JOP Motion. He also filed an amended declaration on April 12, 2023. II. LEGAL STANDARD A plaintiff's JOP motion is proper when: (1) the complaint states facts sufficient to constitute causes of action against the defendant, and (2) the defendant's answer does not state facts sufficient to consti...

Excerpt: ...nicated productively about it. 80th sides sent needlessly contentious correspondence to the other. They should have been working cooperatively toward achieving a common goal: a prompt dismissal of this case with prejudice. The court finds that both sides are to blame for this situation. In addition, both sides shared the common goal of dismissal, so there is no "winner" or "loser," in the traditional sense, in connection with the ex parte applica...