Excerpt: ...ng and recording of a lis pendens is protected activity under C.C.P. § 425.16(e)(2). This issue was extensively analyzed by in Park 100 Investment Group II, LLC v. Ryan (2009) 180 Cal.App.4th 795. To show a probability of prevailing for purposes of section 425.16, a plaintiff must "make a prima facie showing of facts which would, if proved at trial, support a judgment in plaintiffs favor. [citation.]" (ComputerXpress. Inc. v. Jackson (2001) 93 C...

Excerpt: ..., sold and/or distributed 12 types of nutritional supplement products (the "Supplements"), which Plaintiff alleges contain lead, a known cancer‐causing substance. Plaintiff's supplemental evidence identifies the levels of lead discovered by the testing of said Supplements and what amounts of lead consumers would be consuming based on typical daily serving sizes. (See Records Filed under Seal, pages immediately following Hajdu Sales Dec..) The p...

Excerpt: ...nspiracy allegations to evade their obligation to plead fraud‐based causes of action with particularity. Further, the Court does not understand how TILA or Regulation Z (12 C.F.R. § 1026.1 et seq.) can possibly apply to the at‐issue loans as alleged in the SAC's Sixth Cause of Action, where the loans were extended to a limited liability company, rather than to a "consumer" as defined at 12 C.F.R. § 1026.2(a)(8) and (11) (i.e., a "natural pe...

Excerpt: ... slander of title to two properties in Pleasanton, CA; (4) intentional interference with prospective economic advantage (re: the four Pleasanton properties); (5) intentional interference with prospective economic advantage (the Fremont properties); (6) intentional interference with prospective economic advantage (the two Pleasanton properties referenced in the third cause of action); (7) negligent interference with prospective economic advantage ...

Excerpt: ...'s Motion to Compel Further Responses to SROG Nos. 18-21 and 66 is GRANTED IN PART and DENIED IN PART. Plaintiff's Motions to Compel Further Responses to RFA Nos. 9-10 and FROG No. 17.1 with respect to RFA Nos. 9-10 are GRANTED. Plaintiff's Motion to Compel Further Responses to RFPD Nos. 30, 32 and 47 is GRANTED. Defendant shall serve verified further responses to Plaintiff's at-issue written discovery requests as Ordered herein no later than Fri...

Excerpt: ... from default [citations].' " (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 980, quoting Elston v. City of Turlock (1985) 38 Cal.3d 227, 233). If a defendant promptly seeks relief and there is no showing of prejudice to the plaintiff " 'very slight evidence will be required to justify a court in setting aside the default.' " (Elston, supra, 38 Cal.3d at p. 233.) Further, although there is no legal obligation to warn an opposing party before applyi...

Excerpt: ... from default [citations].' " (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 980, quoting Elston v. City of Turlock (1985) 38 Cal.3d 227, 233). If a defendant promptly seeks relief and there is no showing of prejudice to the plaintiff " 'very slight evidence will be required to justify a court in setting aside the default.' " (Elston, supra, 38 Cal.3d at p. 233.) Further, although there is no legal obligation to warn an opposing party before applyi...

Excerpt: ... no later than 4:00 p.m. on Monday, August 9, 2021, a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be conducted on Wednesday, August 11, 2021 at 1:30 p.m. or at a subsequent da...

Excerpt: ...ion to Dismiss the Cross-Complaint of defendant and cross-complainant Dellesia Onifade ("Onifade") for Delay in Prosecution is GRANTED for the reasons set forth below. The Court declines to rule on Fonteno's Motion for Writ of Execution and Abstract of Judgment. Fonteno has remedies to enforce a prior monetary sanctions award that do not require a further Order of Court. (See Newland v. Sup. Ct. (1995) 40 Cal.App.4th 608, 615.) Kennedy's Motion f...

Excerpt: ...ion to Dismiss the Cross-Complaint of defendant and cross-complainant Dellesia Onifade ("Onifade") for Delay in Prosecution is GRANTED for the reasons set forth below. The Court declines to rule on Fonteno's Motion for Writ of Execution and Abstract of Judgment. Fonteno has remedies to enforce a prior monetary sanctions award that do not require a further Order of Court. (See Newland v. Sup. Ct. (1995) 40 Cal.App.4th 608, 615.) Kennedy's Motion f...

Excerpt: ...s and Other Things at Time of Deposition to the Person(s) Most Knowledgeable from Defendant Target Corporation. The PMQ deposition was scheduled to take place on April 13, 2021. On April 7, 2021, Defendant served its objections to the deposition notice. The parties met and conferred, and in this process, counsel for Target stated it would not proceed with further discovery served by plaintiff until plaintiff serves verified answers to discovery a...

Excerpt: ...int alleging various related breaches of contract by Tai Hua and Wu Ning in their business dealings with Cross-Complainants. Defendants ESUN (USA) Inc., BLUSA, Inc. and Shaanxi Sunrise USA have all had their defaults entered. LBYUSA, Inc. ("LBYUSA") is a suspended California corporation and its pleadings have been stricken. On January 17, 2021, Tai Hua propounded special interrogatories and inspection demands related to Tai Hua's contention that ...

Excerpt: ... a non-obvious dangerous condition of the premises. In Opposition, Plaintiff fails to submit sufficient evidence to create triable issues of material fact regarding Roger's control over or legal responsibility for the alleged dangerous conditions. Further, Plaintiff does not present any legal authority for the proposition that a tenant in Roger's position would have a duty to warn Plaintiff of or remedy the alleged dangerous external conditions. ...

Excerpt: ... Friday, October 8, 2021. This tentative ruling will automatically become the Court's final order on Friday, September 17, 2021 unless, by no later than 4:00 p.m. on Thursday, September 17, 2021 a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, a...

Excerpt: ...ecome the Court's final order on Tuesday, September 14, 2021 unless, by no later than 4:00 p.m. on Monday, September 13, 2021 a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be c...

Excerpt: ...ach of Contract and Common Counts in the First Amended Complaint filed after the Court granted in part Defendants' motion for judgment on the pleadings with leave to amend. The Court agrees with Defendants' contention that Plaintiff's motion does not comply with the procedural requirements set forth in Rule of Court 3.1324(a)(2) and (3). In addition, Plaintiff's supporting declaration does not comply with the requirements set forth in Rule of Cou...

Excerpt: ...provision cited by Plaintiff's attorney prohibits landlords from reporting or threatening to report individuals to immigration authorities. The First Amended Complaint includes no allegations concerning the immigration status of anyone involved in the case. Plaintiff is hereby granted leave to allege a claim for retaliation under a different provision of section 1942.5. 2. Defendants' demurrer to Plaintiff's Tenth Cause of Action for Constructive...

Excerpt: ...ion . . . [t]o quash service of summons on the ground of lack of jurisdiction of the court over him or her." (CCP § 418.10(a)(1).) A defendant is "under no duty to act upon a defectively served summons." (Kappel v. Bartlet (1988) 200 Cal. App. 3d 1457, 1466.) "The requirement of notice 'is not satisfied by actual knowledge without notification conforming to the statutory requirements' . . . it is long-settled that methods of service are to be st...

Excerpt: ... essentially seeking to re-write the Complaint to qualify an admittedly appropriate prayer for pre-judgment interest to limit the statutory bases on which Plaintiff may seek an award of pre-judgment interest at trial. This Defendants may not properly do. Defendants may file and serve an Answer no later than Friday, September 24, 2021. This tentative ruling will automatically become the Court's final order on Tuesday, September 7, 2021 unless, by ...

Excerpt: ...uesday, September 7, 2021 unless, by no later than 4:00 p.m. on Friday, September 3, 2021, a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be conducted on Wednesday, September 8...

Excerpt: ...927 83rd Avenue, Oakland, CA 94621, Assessor's parcel No. 43-4565- 11 (the "Subject Property") during the pendency of this action. The Court also GRANTS IN PART a limited stay of the proceedings so that the parties may engage in what appears to be mandatory arbitration of the underlying attorneys' fees dispute between Plaintiff and Defendant, as set forth in greater detail below. The Court otherwise DENIES the Motion as to the additional relief r...

Excerpt: ...g") and Defendant FZ Global Investment, Inc., DBA A1 Laundromat ("FZ Global") on September 17, 2019. Plaintiff financed equipment for use in a laundromat at a cost of $379,065. The Agreement provided Eastern with a security interest in the financed equipment and in all of FZ Global's other equipment and assets. Defendant Mohamed Arahimi ("Arahimi") personally guaranteed FZ's Global's performance under the Agreement as purported "100%" owner of FZ...

Excerpt: ...erty, the parties agreed that they would each hold a 50% interest, but title would vest as Defendant holding a 99% interest and Plaintiff holding a 1% interest for the purpose of obtaining a loan. Plaintiff alleges the parties agreed that Defendant would then transfer a 49% interest in the Property to Plaintiff after the purchase but Defendant has reneged. Plaintiff alleges the following causes of action against Defendant: (1) quiet title; (2) fr...

Excerpt: ...-Complaint WITH LEAVE TO AMEND. The Court suspects that the 5/18/2021 Order on Demurrer had not promptly entered into the Court's electronic Domain case filing system at the time the Defendant attempted to drop-box file his SACC on 5/19/2021. Further, the Court's Filing Department has been experiencing a severe backlog that has prevented timely filing of papers due to staffing shortages caused by the Covid pandemic. In any event, Defendant's FACC...

Excerpt: ... paid Kontech $90,000.00 for shares of Kontech's common stock to become a 40% shareholder of Kontech. In a December 2016 shareholder meeting, Kontech proposed that the loan be converted into new shares of Kontech. Plaintiff rejected that proposal. Plaintiff later discovered that Kontech had cancelled the debt owed on the loan on or about June 28, 2018, without Plaintiff's knowledge or consent. When Plaintiff made demands for repayment of the debt...

Excerpt: ..., ARBM, Inc., Subaru of America, Inc. and Subaru Corporation, alleging he was subjected to discrimination, harassment and retaliation. Villanueva alleges that almost immediately upon his hire he became subjected to harassing and discriminatory behavior by defendant Deeds who made offensive comments about Villanueva ethnicity, physically assaulted Villanueva while doing racist impressions, and ultimately terminated Villanueva's employment when Vil...

Excerpt: ... paid Kontech $90,000.00 for shares of Kontech's common stock to become a 40% shareholder of Kontech. In a December 2016 shareholder meeting, Kontech proposed that the loan be converted into new shares of Kontech. Plaintiff rejected that proposal. Plaintiff later discovered that Kontech had cancelled the debt owed on the loan on or about June 28, 2018, without Plaintiff's knowledge or consent. When Plaintiff made demands for repayment of the debt...

Excerpt: ...rst Amended Complaint alleges in part that on 11/11/2016, while he was at Defendant's Oakland flea market where he intended to sell merchandise, he was accosted, physically attacked and beaten, sustaining life-threatening injuries. Plaintiff alleges that Defendant owed him a duty to prevent the attack in spite of knowledge of similar prior conduct at the flea market. Plaintiff seeks to discovery information and documents regarding any such allege...

Excerpt: ... 2021 a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be conducted on Wednesday, August 25, 2021 at 1:30 p.m. or at a subsequent date and time set by the Clerk of Dept. 514. The...

Excerpt: ...eading" for failing to admit liability. The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. (C.C.P. §437.) Plaintiffs' requests for judicial notice are denied. The Court is not required to take judicial notice of the statements in counsel's declaration or any of the alleged "facts and propositions" or other matters in the request for jud...

Excerpt: ...ruling will automatically become the Court's final order on Friday, August 20, 2021 unless, by no later than 4:00 p.m. on Thursday, August 19, 2021, a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requeste...

Excerpt: ...d support a claim for vicarious liability under the remaining negligence cause of action. (C.A. v. William S. Hart Union High School District (2012) 53 Cal.4th 861, 879.) Finally, the Court sua sponte ORDERS STRICKEN the words "section 835 encompassing" at pp. 18:14-16 in ¶ 84 of the TAC, as filed on 7/29/2021. Gov't Code 835 creates public entity liability for injury caused by dangerous conditions of public property, a cause of action which the...

Excerpt: ... no later than 4:00 p.m. on Monday, August 9, 2021, a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be conducted on Wednesday, August 11, 2021 at 1:30 p.m. or at a subsequent da...

Excerpt: ...00 p.m. on Monday, August 9, 2021, a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be conducted on Wednesday, August 11, 2021 at 1:30 p.m. or at a subsequent date and time set b...

Excerpt: ...19, 2021. Having now reviewed the substance of the First Amended Complaint attached to the Declaration of Defendant's attorney, Ryan M. Duffy, the Court finds that there are significant deficiencies that must be addressed before the motion to strike can be heard. First, the First Amended Complaint, which is erroneously captioned as the "Complaint," is deficient on its face. Plaintiff's First Cause of Action, which is one of the claims subject to ...

Excerpt: ... and production of documents requested in the Notice of Deposition, the Court ORDERS THE PARTIES TO APPEAR at the hearing set for Wednesday, August 4, 2021 at 1:30 p.m. in Dept. 514. MOTION TO COMPEL STATEMENT OF DAMAGES AND RFA RESPONSES, ETC. County submits evidence that it duly served plaintiff Yolanda Harris ("Plaintiff") with the RFAs and the Form Rogs on 4/30/2021 by regular mail. (Moving Pardo Dec. ¶ 3 and Exhs. B and C.) Therefore, Plain...

Excerpt: ... approached Plaintiff from behind, placed his hand on hers and firmly pressed his groin into her buttocks such that she could feel his penis. Plaintiff alleges that Tesla knew of the Team Leader's propensity for sexual harassment of young female employees but Tesla nevertheless assigned plaintiff to work with thisTeam Leader. Plaintiff alleges that Tesla threatened that if closed circuit footage did not support her claims against the Team leader ...

Excerpt: ...iewed the substance of the First Amended Complaint attached to the Declaration of Defendant's attorney, Ryan M. Duffy, the Court finds that there are significant deficiencies that must be addressed before the demurrer can be heard. First, the First Amended Complaint, which is erroneously captioned as the "Complaint," is deficient on its face. Plaintiff's First Cause of Action, which is one of the claims subject to the demurrer, is not properly ca...

Excerpt: ... approached Plaintiff from behind, placed his hand on hers and firmly pressed his groin into her buttocks such that she could feel his penis. Plaintiff alleges that Tesla knew of the Team Leader's propensity for sexual harassment of young female employees but Tesla nevertheless assigned plaintiff to work with thisTeam Leader. Plaintiff alleges that Tesla threatened that if closed circuit footage did not support her claims against the Team leader ...

Excerpt: ...ntiff's successor in interest within the meaning of CCP § 377.11. Further, causes of action sounding in wrongful death survive the death of the original decedent's successor in interest. (Chavez v. Carpenter (2001) 91 Cal.App.4th 1433, 1444.) This tentative ruling will automatically become the Court's final order on Tuesday, July 27, 2021 unless, by no later than 4:00 p.m. on Monday, July 26, 2021 a party to the action notifies both (1) the Cour...

Excerpt: ...her, that Exhibit C to that declaration may have been forged by defendant Ozluk in order to increase his apparent capital contribution to the LLC. The court lacks sufficient information and evidence (for example, a sworn declaration or deposition testimony by the purported author of the document) to conclude the document is a forgery. Accordingly, Plaintiff's motion for an order finding defendant Ozluk in contempt is denied, without prejudice. Pl...

Excerpt: ...sentation. The Court, therefore, concludes that further leave to amend will be futile. The Court OVERRULES the Demurrer to the TAC's Second Cause of Action for Declaratory Relief. The Green Defendants' contention that no present controversy exists between Plaintiff and the Green Defendants has no merit. The parties each have a conflicting judgment in their respective favors, and each side contends that the other party's judgment was procured by f...

Excerpt: ... medical marijuana ID card at the time of the collision. (See SROG Nos. 60-67). Plaintiff also seeks to discover the identity of healthcare providers who may have prescribed Plaintiff medical marijuana within the last ten years. (SROG Nos. 68-70.) Defendant is in possession a one-page medical record dated March 16, 2020 in which Plaintiff's medical provider noted in the "Social History" section of the document that Plaintiff was a "daily smoker [...

Excerpt: ... no later than 4:00 p.m. on Monday, July 12, 2021, a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be conducted on Wednesday, July 14, 2021 at 1:30 p.m. or at a subsequent date ...

Excerpt: ..., the amount of $15,590. Nevertheless, Dimco still fails to establish that the total amount that it potentially owes to the other claimant parties in this lawsuit is only $56,650. Instead, each of cross- complainants Flock Freight Inc. ("Flock"), Choptank Transport, Inc. ("Choptank") and Mode Transportation LLC ("Mode") appear to have separate and distinct claims for money damages against Dimco for unpaid shipping services each of Flock, Choptank...

Excerpt: ...intiff) and Neutron. The Court further ORDERS the present action STAYED pending completion of arbitration proceedings. This tentative ruling will automatically become the Court's final order on Tuesday, July 20, 2021 unless, by no later than 4:00 p.m. on Monday, July 19, 2021, a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is co...

Excerpt: ...A 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 ju...

Excerpt: ... Longhigh also paid Kontech $90,000.00 for shares of Kontech's common stock to become a 40% shareholder of Kontech. In a December 2016 shareholder meeting, Kontech proposed that the loan be converted into new shares of Kontech. Plaintiff claims to have rejected that proposal. Longhigh claims that it later discovered Kontech cancelled the debt owed on the loan without Longhigh's knowledge or consent. When Longhigh made demands for repayment of the...

Excerpt: ...presented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be conducted on Wednesday, July 14, 2021 at 1:30 p.m. or at a subsequent date and time set by the Clerk of Dept. 514. The subject line of the email to the Court contesting the tentative ruling must list the case name and number, and the email must identify the r...

Excerpt: ...58 are related and the latter two cases shall be reassigned to Department 514. Christopher L. Nida's motion to intervene in Case Nos. RG20- 007626 is denied but the court would entertain a motion or stipulation to consolidate the actions arising from the October 14, 2018 accident. C.C.P. section 377.60(b) allows the parent of a decedent to sue for wrongful death if the parent was dependent on the decedent and regardless of whether the decedent ha...