Excerpt: ...tablished probable cause to believe that said vehicle is located at the private place identified in the application at 33791 Remington Drive, Union City, CA 94507. (3) Plaintiff has established that Defendant has no equity interest in the vehicle. IT IS HEREBY ORDERED that the unopposed application by Plaintiff for a writ of possession is GRANTED to permit Plaintiff to demand possession of the Subject Property. Plaintiff has established with suff...

Excerpt: ...t the moving party will ultimately prevail on the merits; and (2) the relative interim harm to the parties from issuance or non-issuance of the injunction. The court's determination is guided by a mix of the potential merit and interim harm factors. (Butt v. State of California (1992) 4 Cal.4th 668, 677-78.) A trial court may not grant a preliminary injunction, regardless of the balance of interim harm, unless there is some possibility that the p...

Excerpt: ... counsel will adequately meet and confer when required by statute and will attest to their compliance for any further motions in this case. The Complaint contains causes of action for slander, extortion and intentional infliction of emotional distress ("IIED"). Every complaint must "set forth the essential facts of the plaintiff's case with reasonable precision and with particularity sufficient to acquaint the defendant with the nature, source, a...

Excerpt: ... counsel will adequately meet and confer when required by statute and will attest to their compliance for any further motions in this case. The Complaint contains causes of action for slander, extortion and intentional infliction of emotional distress ("IIED"). Every complaint must "set forth the essential facts of the plaintiff's case with reasonable precision and with particularity sufficient to acquaint the defendant with the nature, source, a...

Excerpt: ... Nos. 1-41 on an item by item basis. Currently, both sides are taking an "all or nothing" position as to the disputed demands instead of attempting to reach a compromise. Without determining any issues raised in the motion papers, the Court provides the following observations which may help guide the Parties in their meet and confer efforts: The Court finds that Plaintiff is entitled to documents related to the promissory note which is the subjec...

Excerpt: ...ument is not the same as accepting the truth of its contents or accepting a particular interpretation of its meaning. . . . [J]udicial notice of matters upon demurrer will be dispositive only in those instances where there is not or cannot be a factual dispute concerning that which is sought to be judicially noticed."].) LEGAL STANDARD ON DEMURRER The standard for construing a complaint on demurrer is long-settled: "We treat the demurrer as admit...

Excerpt: ...s far back as 2003. Plaintiff argues the subpoenas are overbroad, and violate Plaintiff's right to privacy as well as her rights under Insurance Code section 791 et seq. In Opposition, Defendant makes a conclusory argument that the records sought are "relevant and likely to lead to the discovery of admissible evidence." The hearing on this Motion previously was continued in order to allow the Parties to further meet and confer and to afford Defen...

Excerpt: ...Williams v. Superior Court (2017) 3 Cal. 5th 531, 557; Britt v. Superior Court (1978) 20 Cal.3d 844, 864.) The right of privacy is not absolute and may be outweighed by the interest in discovering the truth in legal proceedings, but any intrusion on privacy rights requires a balancing of the countervailing rights, and will only be allowed if there is a compelling state interest and disclosure is necessary to achieve the compelling state interest....

Excerpt: ...e and scope. The Court finds these objections to be valid. Though the scope of discovery is broad, ICT has not sufficiently demonstrated how this Interrogatory seeks information that may lead to the discovery of admissible evidence. The reasons for compelling a further response, set forth in the separate statement, do not include facts showing the potential relevance of each and every one of Plaintiff's customers over a fifteen year period of tim...

Excerpt: ...cts 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." (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Courts "give the complaint a reasonable interpretation, reading it as a whole and its parts in ...

Excerpt: ...mages. (Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6.) Instead, there must be "sufficient facts alleged to support the allegation" that the defendant was guilty of "malice" within the meaning of the statute. (Id., at pp. 6-7; see also Brousseau v. Jarrett (1977) 73 Cal.App.3d 864, 872 ["the second count's conclusory characterization of defendant's conduct as intentional, willful and fraudulent is a patently insufficient statement of 'oppr...

Excerpt: ...aintiffs' claims. The current allegations do not include facts comprising the elements of a cause of action on any of the thirteen legal theories named in the Complaint, and demurrer to each cause of action is warranted. (C.C.P. § 430.010(e).) In addition, as Defendant points out, the Complaint as a whole is uncertain, in that it fails to comply with CRC 2.112 by specifically stating, for each cause of action, "the party asserting" the cause of ...

Excerpt: ...l services provided to Azure Sky Dufaux and Devon Dufaux in state court litigation matters. HLF asserts that AGLLC guaranteed that debt. HLF concedes that it has recovered two vehicles owned by AGLCC, valued at $38,269. In this action, HLF seeks to recover the remainder owed from AGLCC and/or Defendant Argentum Properties, LLC ("Argentum"). HLF contends that the bankruptcy trustee has asserted that all claims held by AGLLC have become property of...

Excerpt: ...e and scope. The Court finds these objections to be valid. Though the scope of discovery is broad, ICT has not sufficiently demonstrated how this Interrogatory seeks information that may lead to the discovery of admissible evidence. The reasons for compelling a further response, set forth in the separate statement, do not include facts showing the potential relevance of each and every one of Plaintiff's customers over a fifteen year period of tim...

Excerpt: ... rather than the 30 days required by section 598, but the motion to bifurcate was filed on December 20, 2019, and Plaintiff opposed RCB's ex parte application to hear the motion on shortened time. The court finds that Plaintiff is not prejudiced by the delay in seeking bifurcation, and that any prejudiced is outweighed by the potential for increased efficiency and reduction of potential prejudice to RCB resulting from bifurcation. RCB has made a ...

Excerpt: ... costs pursuant to para. 38 of the Disposition and Development Agreement ("DDA"), which provides that in the event any legal action is commenced to interpret or to enforce the terms of the DDA and/or the other loan documents, the party prevailing in such action shall be entitled to recover against the party not prevailing all reasonable Attorneys' Fees and Costs incurred in the action. In this action, RPII sought a declaratory judgment: (1) requi...

Excerpt: ...s filed on September 19, 2019, and shows mail service on September 16, 2019. Plaintiff filed her First Amended Complaint on October 25, 2019. Defendant contends that the failure to file the First Amended Complaint within the time permitted by the court subjects the First Amended Complaint to a motion to strike pursuant to Code of Civil Procedure section 581(f)(4). (Leader v. Health Industries of America, Inc. (2001) 89 Cal.App.4th 603, 613 [dismi...

Excerpt: ...Plaintiff alleges that it is the successor in interest to "The Glovatorium, Inc." Plaintiff alleges that Maryland Casualty Co. was the insurer of The Glovatorium, Inc., and Zurich is the successor by merger to Maryland Casualty Co. Plaintiff alleges that starting in the 1960s, Robert Depper operated a dry-cleaning business known as The Glovatorium, on Broadway Street in Oakland. In 1999, Depper and his son, Stuart Depper, filed a lawsuit, Robert ...

Excerpt: ... period from 1998-2012. Plaintiff seeks to recover policy benefits for lawsuits and claims against it arising from alleged defects in Plaintiff's plumbing components involving nine different lawsuits or projects. Plaintiff claims that AIG renewed Plaintiff's policy in 2009/2010 even though it did not have enough money to pay claims, and thereafter devised a plan using coverage litigation, misstatement and delay to avoid making payments. In its pr...

Excerpt: ...is no defense to a cause of action by proving each element of the cause of action entitling the party to judgment on that cause of action. Once the plaintiff has met that burden, the burden shifts to the defendant or to show that a triable issue of one or more material facts exists as to that cause of action. (Code of Civil Procedure section 437c(p)(1). If plaintiff is unable to do so, defendant is entitled to judgment as a matter of law. (Aguila...

Excerpt: ...is no defense to a cause of action by proving each element of the cause of action entitling the party to judgment on that cause of action. Once the plaintiff has met that burden, the burden shifts to the defendant or to show that a triable issue of one or more material facts exists as to that cause of action. (Code of Civil Procedure section 437c(p)(1). If plaintiff is unable to do so, defendant is entitled to judgment as a matter of law. (Aguila...

Excerpt: ...r. When personal service proved impossible, Plaintiff mailed the summons and complaint with a notice and acknowledgment of receipt to Defendant's residential address. 18 days later, Plaintiff filed an ex parte application for service by publication. The order for publication was signed on 7/31/19. Plaintiff paid a publication fee of $650 to the Contra Costa Times on 9/8/19. Defendant answered the Complaint on 8/12/19. When a plaintiff attempts to...

Excerpt: ... The Court has previously issued two preliminary injunctions related to Plaintiffs' protest activities. On December 21, 2018, this Court entered an Order Granting Preliminary Injunction preventing Plaintiffs from staging protests in certain Whole Foods' stores in the Bay Area where protests had previously occurred. After the preliminary injunction was granted, however, Plaintiffs continued to protest inside Whole Foods Market stores in other loca...

Excerpt: ...s ("BSI"), Ventures Trust 2013- I-H-R (the "Trust") and Fay Servicing, LLC ("Fay") have all been loan servicers of the mortgage loan (the "Loan") for a property purchased by Plaintiffs Steven Davis and Drake Alhambra, LLC ("Drake") in 1998. Bank of America ("BofA"), also a defendant in this action, was the original servicer. The loan was thereafter transferred to the Trust, BSI and Fay in that order. During the time BofA was servicing the Loan, a...

Excerpt: ...al injury as a result of Defendant's negligence. On 2/26/18, Plaintiff filed a proof of service of the summons and complaint. It is unclear from this POS on whom, where, when or how service was effected. The POS indicates both that Defendant was herself served at 727 Rosal Avenue in Oakland; and that a "disbarred atty. who files the Defendant Mrs. Smith's papers" was served, with no indication of where or how service occurred. On 9/11/18, Plainti...