Excerpt: ...MOTIONS FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION "A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding." (CCP § 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...

Excerpt: ...mended Complaint because plaintiff attached it to the earlier complaint. (Vanacore & Associates, Inc. v. Rosenfeld (2016) 246 Cal.App.4th 438, 446.) The court does not consider the facts in the declaration of Muse Favacho. The court considers it only as a suggestion of how plaintiff might amend the complaint. On 3/6/16 Muse Brands entered into a contract with Chloupek as COO of BAS Research concerning a brand identity for BAS Research. Muse Brand...

Excerpt: ...llegations in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal. App. 5th 989, 996.) The Court must determine "whether the complaint 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 ru...

Excerpt: ...(1).) "A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . ,...

Excerpt: ...tion . . . or at any time in its discretion, and upon terms it deems proper: (a) [s]trike out any irrelevant, false, or improper matter inserted in any pleading[;] . . . [and/or] (b) [s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." (CCP § 436.) An "irrelevant matter," or "immaterial allegation," means: (1) an allegation that is not essential to the...

Excerpt: ... the Adult Protective Services is part. The court did not receive an opposition on behalf of the Long Term Care Ombudsman of the County of Alameda but the interests and law appear to be applicable to both entities. Given that the motion was brought as one motion as to both subpoenas, the court will consider the two subpoenas together. Second, Welfare & Institutions Code section 9275 deems the investigation materials as confidential. (Ombudsman Se...

Excerpt: ... at the rate charged by the parties. Additionally, Defendant, specifically counsel Peter Catalanotti and Michael Shepherd, are to provide a declaration providing a summary of the fees that are attributable only to Defendant Loh (as opposed to split or apportioned fully to Loh even though work was performed on behalf of both Wellington Properties and Loh, such as for depositions or court appearances) at the various hourly rates at the different fi...

Excerpt: ... is directed. The Court observes that the Complaint does not allege that Defendant Hakim Hassanpour engaged in any conduct giving rise to Plaintiffs' claims. The demurrer to the First Cause of Action for Conversion is SUSTAINED, WITH LEAVE TO AMEND to clearly identify the funds converted (including the amount), who converted them, and from whom the funds were converted. As the Complaint is currently pled, it appears that the funds at issue remain...

Excerpt: ... demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal. App. 5th 989, 996.) The Court must determine "whether the complaint 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 j...

Excerpt: ...possession of such property at the time of the commencement of the action, although it is not essential that he should show that he ever had actual possession of it." (Commercial Disc. Co. v. Cowen (1941) 18 Cal. 2d 610, 613.) "Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter for a writ of possession by filing a written application for the writ with the court in which the action is broug...

Excerpt: ...ca.gov and provide notice to all counsel of the intent to contest the tentative order. Any requested hearing will most likely be conducted using the Blue Jeans Network, password # 5102676935. If a hearing is requested, the Court will advise the parties of the manner in which the hearing will be conducted in advance of the hearing. If not timely contested, and the tentative ruling will become the final order of the Court. On 6/23/2018, Plaintiff a...

Excerpt: ...).) Plaintiff claims that when the complaint was filed on 9/25/20 it was owed $94,154.36 in back rent and that as of 9/30/21 (eight months after the hearing) the defendants will owe an additional $88,111.29 in additional rent, for a total amount of $182,265.65. Plaintiff seeks to attach the property of Balwinder Virk, Kulwinder Kaur, Gian Chand, Rakshi Rani AKA Raksha Rani, Nawab's Kitchen, Inc., Rewa Kumar, and Gurwinder Singh. The amount. The a...

Excerpt: ...he First Amended Complaint, Plaintiff alleges that he resides at the property. On December 5, 2006, Plaintiff obtained a mortgage loan from Mortgageclose.com, Inc. in the sum of $139,000.00. The lender recorded a Deed of Trust in the Official Records of Alameda County on December 6, 2016. On August 19, 2019, an Assignment of the Deed of Trust was recorded that assigned the Deed of Trust from Mortgageclose.com, Inc. to U.S. Bank. On January 16, 20...

Excerpt: ... complaint 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 b...

Excerpt: ... "the Trust"). Plaintiffs and Cross-Defendants Calvin Howard and Howard's Earth Boring Services Inc. ("HEBS") do not appear to expressly deny that the Trust is the current title owner of the subject property. Rather, Howard and HEBS contend that the subject property is subject to a pre- existing "Lease Agreement with Option to Purchase Real Estate" ("the RCJ Lease") entered February 1, 2019 between the prior owner of the subject property, Flynn R...

Excerpt: ... requested hearing will most likely be conducted using the Blue Jeans Network, password # 5102676935. If a hearing is requested, the Court will advise the parties of the manner in which the hearing will be conducted in advance of the hearing. If not timely contested, and the tentative ruling will become the final order of the Court. As a preliminary matter, the Court had difficulty understanding exactly what the parties' respective positions were...

Excerpt: ...motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim." (CCP § 425.16(b)(1).) An "act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue" includes: (1) any written or oral statement or writing made before a legislative, executive, or judicial proceeding...

Excerpt: ... suffered. (See, e.g., CACI No. 400.) Plaintiff has not presented any evidence of the amount of damages, if any, he has suffered as a result of the accident. (See Plaintiff's Separate Statement and the evidence submitted in support.) Plaintiff's failure to present any evidence on a necessary element of his cause of action for negligence precludes the Court from granting his motion for summary judgment. (See Code of Civil Procedure section 437c(p)...

Excerpt: ...s; (3) requests for admissions propounded on the SLC; and (4) depositions of SLC members Matt Niehaus and Spenser Wells, and thee Art.com officers or directors (Dan Mariott, David Quinlivan, and Michael Hogan). When, in a corporate derivative lawsuit, the corporation's SLC files a motion to dismiss the claims (or analogously, a motion for summary judgment), the court applies a two-step test to the motion. (See, e.g., Zapata Corporation v. Maldona...

Excerpt: ...cole Rodriguez ("Deponent") with the Motion papers, as required by CCP §§ 2025.480(c) and 2023.030 and CRC Rule 3.1346. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, THE HEARING WILL BE CONDUCTED ON WEDNESDAY, JANUARY 27, 2020 at 3:00 p.m. in Dept. 19. Moving party has already requested a hearing. The requested hearing will most likely be conducted using the Blue Jeans Network, password # 5102676935. If a hearing is requested, the Court...

Excerpt: ...ns at the hearing, the Court provides the following Tentative Ruling on the Motion to Quash. The Motion to Quash is GRANTED IN PART as set forth below. The Court finds that Plaintiff's privacy interests in her medical and mental health records are such that production of her medical mental records should be limited to those medical and mental health records actually put at issue by Plaintiff's operative Complaint in this action. As a preliminary ...

Excerpt: ...plaint or, in the court's discretion, at any later time upon terms it deems proper. The motion shall be scheduled by the clerk of the court for a hearing not more than 30 days after the service of the motion unless the docket conditions of the court require a later hearing." Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism (2018) 4 Cal.5th 637, 645, states that the court should read the 60 day limit in light of the "purpose of reso...

Excerpt: ...nserted in any pleading[;] . . . [and/or] (b) [s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." (CCP § 436.) An "irrelevant matter," or "immaterial allegation," means: (1) an allegation that is not essential to the statement of a claim or defense; (2) an allegation that is neither pertinent to nor supported by an otherwise sufficient claim or defens...

Excerpt: ...es related to Plaintiff's appeal of the anti- SLAPP motion. First, Plaintiff appears to argue that because the Court of Appeal did not specifically mention in their order that Defendants were entitled to fees and therefore the recovery of fees are precluded. Based on the case law, this is not an accurate reading of the law. (C.C.P. § 425.16(c); Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131 [ "[A]ny SLAPP defendant who brings a successful motion ...

Excerpt: ... should only recover its costs from Defendant pro rata according to its share of fault or its proportion of Plaintiffs' total recovery, the motion is also denied. Plaintiffs asserted and proved liability against defendants as joint and several tortfeasors and Plaintiffs' investigation of all potential sources of exposure was reasonably necessary to investigate and rebut Metalclad's defense of comparative fault. Plaintiffs' opposition to other par...