Excerpt: ...erved a valid objection under C.C.P. Section 2025.410. (See C.C.P. § 2025.450(a); Defendants' Exhibit Index In Support of Motion to Compel, Exhibit D.) Although Defendants served a document captioned "Plaintiff Macy's West Stores, Inc.'s Objection to Notice of Taking Deposition of Plaintiff Macy's West Stores, Inc." on May 22, 2019 (id., Exh. G), the objections stated therein are not valid objections under section 2025.410. In particular, the pr...

Excerpt: ...y 7, 2014. A copy of the First Amended Complaint that Defendant Gruen filed on behalf of Plaintiff Jordan and her two children, Kelsie Weeden and Jordan Weeden, in Jordan, et al. v. City of San Jose, et al. (Santa Clara County Superior Court Case No. 113CV-241005), is attached to the Declaration of Defendant as Exhibit A. Plaintiff alleged in the underlying action that her late husband, Brian R. Weeden, a San Jose firefighter, was a participant i...

Excerpt: ...Jiang had no actual or constructive knowledge of the cause of her shoulder pain until her physician made a diagnosis months later. Defendants' Motion for Summary Judgment is granted because they have made the required prima facie showing that no triable issues of material fact remain regarding Plaintiffs' delayed discovery of their claim. See Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. Defendants have shown that no reasonable ju...

Excerpt: ...More specifically, the complaint in this action includes three causes of action against Katya. The First Cause of Action, for motor vehicle negligence, alleges that Vadim operated the motor vehicle that caused injuries to Plaintiff and that Vadim and Katya owned the motor vehicle which was operated with their permission. The Second Cause of Action, for general negligence, is asserted against both Vadim and Katya but alleges only that Vadim was ne...

Excerpt: ...opposition to the demurrer filed by Defendant Teslights Corporation ("TES"), that opposition did not address the instant demurrer and was not served on counsel for AOD. In addition to its being unopposed, the demurrer demonstrates that the FAC fails to plead a sufficient cause of action against AOD for negligence, including factual allegations (and not just conclusions) supporting the required elements that AOD owed Plaintiff a legal duty to use ...

Excerpt: ...omplaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.) "As a general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true, however improbable they may be,...

Excerpt: ... landlord to raise rents temporarily to recoup the amortized cost of a capital improvement. Its purpose is "to encourage landlords to improve the quality of their rental housing and to ensure that landlords receive a fair return on their capital expenditures." (Regulation 1267(A).) Ordinarily, capital improvement increases do not roll over to new tenants when the landlord re-hires the unit at market rate. (Regulation 1267(I)(1).) The only excepti...

Excerpt: ...action or proceeding." (CCP sec. 437c(a)(1).) "[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law." (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850.) "[T]he party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact...

Excerpt: ...sanctions than on any other facet of the case. The court does not wish to encourage the filing of additional motions such as this, as the court believes the case should be set for trial so the parties can present their arguments at trial rather than in a series of pre-trial motions essentially arguing the merits. Nevertheless, as the court must address the motion on the merits, it does raise some valid arguments about the extent to which Plaintif...

Excerpt: ...m Plaintiff's assignors Ferguson Perforating Company ("Ferguson") and PDM Steel Service Centers, Inc. ("PDM"). Primus submits no evidence disputing Plaintiff's evidence that Primus entered contracts with Ferguson and PDM and is in default on those contracts, and indeed Primus admits that it is in default on the PDM contract in the principal amount of $41,043.46. In granting the writ of attachment, the Court accepts Primus' evidence and reduces th...

Excerpt: ...r "a contract implied by conduct," by which "Sanchez agreed to hold the title to the Property [at 5348 Treeflower Drive, Livermore] as the legal title holder while allowing Plaintiff to be the actual and equitable owner of the Property with sole use and control of the Property." (SAC, ¶ 41.) It further alleges: "For approximately six (6) years, Sanchez held the Property for the benefit of Plaintiff as agreed and consulted Plaintiff before taking...

Excerpt: ...e not filed any opposition to refute any of CSAA's arguments about the deficiencies in the complaint. Further, the demurrer makes a sufficient showing that the causes of action in the complaint are deficient as a matter of law. Among other things, the demurrer makes a sufficient showing that both causes of action in the complaint are time-barred. The First Cause of Action for breach of contract alleges that the parties entered a written agreement...

Excerpt: ...omply with Corporations Code section 2203(a). That is not a basis to overrule a demurrer, and in any event the Court already rejected this argument on June 26, 2019. The Court also rejects Plaintiffs' apparent argument that the demurrer should be overruled based on the failure of Capital One to meet and confer prior to filing the demurrer. That is not a basis to overrule a demurrer. (See Code of Civil Procedure section 430.41(a)(4).) The Demurrer...

Excerpt: ... certified, as is the case here, the Court must determine whether the case meets requirements for certification. (See Anchem Prods., Inc. v. Windsor (1997) 521 U.S. 591, 625-627.) The concerns of manageability and due process for absent class members, which counsel against class certification in a trial context, are eliminated or mitigated in the context of settlement. (Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1807 fn. 19.) Class certif...

Excerpt: ...oena directed to East West Bank dated August 1, 2018 (the "Subpoena"): (1) time-frame; (2) bank account number; and (3) protective order. As to time-frame, the Subpoena seeks "[a]ll banking records of Edward Chang dba Cafe Tapioca for its Pleasanton store from 7/1/2013 through January 31, 2016...." In an email from counsel for Plaintiffs Yushan Huang aka Stacy Huang and Joshua Hsia ("Plaintiffs") dated August 16, 2018, however, Plaintiffs agreed ...

Excerpt: ...f Civil Procedure sections 128.5 et seq., 2023.030 et seq., the Discovery Act and the inherent authority of the court. The motion focuses on a letter and two declarations attributed to Fei Liu, Phebe's husband Tony's business partner, which Defendants assert contained text that was either mis-translated from the original Chinese or fabricated, as well as an incorrectly explained redaction in the letter. The letter was filed on July 24, 2018, in c...

Excerpt: ...discussed in the accompanying memorandum, the request is expressly based on Code of Civil Procedure section 664.6. Section 664.6 states in relevant part as follows: "If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement...." The purpor...

Excerpt: ...0(a), is DENIED. The Court reviewed the parties' written submissions. Plaintiff correctly argues that the Motion to Compel must be denied because Defendants did not file it within 45 days of the date when the responses were served. See CCP § 2031.310(c). The Court does not have the authority to waive the 45-day requirement for Defendants. Plaintiff is also correct when she notes that counsel for Defendants did not comply with her meet-and-confer...

Excerpt: ...red to - strike allegations that are irrelevant, false or improper as reflected on the face of the challenged pleading or matters of which judicial notice is taken. Thus, for example, a "motion to strike is widely used to challenge portions of causes of action seeking punitive damages" and its "use has also been approved in a case where the face of the complaint failed to state facts showing a primary right of the plaintiff and a primary duty of,...

Excerpt: ...ction. The Court exercises its discretion to permit Plaintiffs to allege a claim against Accurate Adjustments for "general negligence." The Motion is GRANTED as to the language "the court should consider during trail [sic] if the defendant actions between criminal assault and not just assault in causing apprehension and contact with the plaintiff" in the second paragraph of the Third Cause of Action. Accurate Adjustments shall file and serve its ...

Excerpt: ...r dismissed) and serving a seven-day notice to quit or remove Plaintiffs' dogs from the premises. Defendants now move to strike the allegations and demand for punitive damages and each of the causes of action in the Complaint. The challenged causes of action are counts that purport to state a right to recover under the following legal theories: (1) negligence; (2) nuisance; (3) violation of Civil Code ["CC"] sections 1941, 1941.1, 1942.5 and Heal...

Excerpt: ...missing all claims except those arising under the Labor Code Private Attorneys General Act of 2004 ("PAGA") (Labor Code §§ 2698 et seq.). Defendant Premier Valley, Inc. moves for transfer venue of this action under Code of Civil Procedure section 396b to Stanislaus County. Premier Valley argues that no defendant is domiciled in Alameda County and that Whitlach's claims arose in Stanislaus County because he was employed there. In a separate fili...

Excerpt: ...fice with documents and a computer disc containing medical records on May 8, 2019, the date specified in the request for production of documents. He allowed his documents to be copied. Safeway offers a statement of counsel that it never received verified responses to these requests as of the time it filed its motion papers. Novack is encouraged to seek representation from a competent personal injury attorney to avoid further delay or prejudice to...

Excerpt: ...closure sale. The building's prior owner had operated the building as an apartment house, but the units were converted to condominiums before being sold to Fong and Lee. The same tenants remained in the condominium units (formerly apartments) and were unaware that a conversion had even occurred. Fong and Lee applied for exemption from the RAP on the grounds that the units were condominiums exempt from local rent control under the Costa-Hawkins Ac...

Excerpt: ...1, 1149-1150; Gamet v. Blanchard (2001) 91 Cal.App.4th 1276, 1284.) Nevertheless, as the court stated in CLD Construction, supra, even where an answer is improperly filed by an unrepresented corporation, the court should give notice to the corporation that it needs to retain new counsel promptly and that if it fails to do so its pleadings can be stricken. (Id.) Here, the answer filed by Defendant 360 IT Professionals, Inc. ("360 IT"), on February...