Excerpt: ...r 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 defense; or (3) a demand for judgment requesting relief not supported by the allegations of the complaint or...

Excerpt: ...) 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," unless the "complaint contains allegations of fact inconsistent with attached documents, or alleg...

Excerpt: ... party Tami Mason, the daughter the decedents and the representative of their estate, has "specially appeared" for the purpose of seeking a dismissal. Mason claims the mechanic's lien recorded against the property is interfering with her ability to administer her parents' estate. (See Mason Decl. paras. 2-5.) Mason's motion is denied because Mason has not sought to intervene and lacks standing as a non-party. (Lohnes v. Astron Computer Products (...

Excerpt: ...tals employee and defendant Emil Medina negligently unloaded the beam such that it struck the plaintiff who was standing nearby. Plaintiff propounded written discovery on defendant, including Form Interrogatories, Special Interrogatories, and Requests for Production of Documents, on July 29, 2019. On September 10, 2019, defendant served unverified responses to the foregoing discovery with the notation "verifications to follow." On March 8, 2021, ...

Excerpt: ... Motorcars of Fremont (Fletcher Jones) with a four-year/50,000 mile "new car" warranty. Beginning on March 25, 2017, plaintiffs returned the car multiple times for repairs under the warranties, but defendants failed to repair the car. On April 19, 2021, judgment was entered for plaintiffs pursuant to a 998 offer to compromise. The judgment provided that defendant Mercedes-Benz USA (MBUSA) would pay plaintiffs $155,000. Plaintiffs were to surrende...

Excerpt: ...esponses from Plaintiff to Form Interrogatories (Set Two) and Requests for Production of Documents (Set Two) is GRANTED. Plaintiff shall serve on Safe Auto complete, verified, code-compliant discovery responses to the subject discovery, and serve all responsive documents, no later than twenty-one days from the date of this Order. (2) Safe Auto's Motion for an Order Deeming the Truth of the Matters Specified in its Request for Admissions (Set One)...

Excerpt: ... Motorcars of Fremont (Fletcher Jones) with a four-year/50,000 mile "new car" warranty. Beginning on March 25, 2017, plaintiffs returned the car multiple times for repairs under the warranties, but defendants failed to repair the car. On April 19, 2021, judgment was entered for plaintiffs pursuant to a 998 offer to compromise. The judgment provided that defendant Mercedes-Benz USA (MBUSA) would pay plaintiffs $155,000. Plaintiffs were to surrende...

Excerpt: ...nsel. (Settlement Agreement, Exhibit A to Kennick Decl.) The Settlement Agreement required defendants to pay plaintiff a total of $65,000. The Settlement Agreement specified "Plaintiff agrees to vacate the unit (309) and move to unit 307 on or before January 19, 2021. Plaintiff agrees to remain in the next door unit until repairs are completed and approved by the City of Berkeley." (Id.) It appears from the evidence presented that defendants have...

Excerpt: ...cord, Aanderud v. Superior Court (2017) 13 Cal.App.5th 880, 889.) As a result of this "strong public policy in favor of arbitration[,] ... any doubts regarding the arbitrability of a dispute are resolved in favor of arbitration." (Aanderud, at p. 890.) Public policy is not a consideration, however, until after a court has found the parties agreed to arbitrate their dispute. (Metters v. Ralphs Grocery Co. (2008) 161 Cal.App.4th 696, 701.) That is ...

Excerpt: ...le amount not less than five hundred dollars ($500)...." (C.C.P. § 483.010.) The following findings must be made "in accordance with Section 483.015" to justify issuance of an attachment order: (1) The claim upon which the attachment is based is one upon which an attachment may be issued. (2) The plaintiff has established the probable validity of the claim upon which the attachment is based. (3) The attachment is not sought for purposes other th...

Excerpt: ...vailable generally in the protection or to prevent the invasion of a legal right. (Meridian, Ltd. v. City and County of San Francisco, et al. (1939) 13 Cal.2d 424.) The purpose of a preliminary injunction is to preserve the status quo pending final resolution upon a trial (See Scaringe v. J.C.C. Enterprises, Inc. (1988) 205 Cal.App.3d 1536. Grothe v. Cortlandt Corp. (1992) 11 Cal.App.4th 1313, 1316.) The status quo has been defined to mean the la...

Excerpt: ...vailable generally in the protection or to prevent the invasion of a legal right. (Meridian, Ltd. v. City and County of San Francisco, et al. (1939) 13 Cal.2d 424.) The purpose of a preliminary injunction is to preserve the status quo pending final resolution upon a trial (See Scaringe v. J.C.C. Enterprises, Inc. (1988) 205 Cal.App.3d 1536. Grothe v. Cortlandt Corp. (1992) 11 Cal.App.4th 1313, 1316.) The status quo has been defined to mean the la...

Excerpt: ... Interrogatories and for Monetary Sanctions ("MPO Form Rogs"); (3) Defendant's Motion for Protective Order re: Plaintiff's Inspection Demands and for Monetary Sanctions ("MPO RFPDS"); and (4) Defendant's Motion to Compel Further Responses to Requests for Production of Documents Nos. 8, 11, 13, 14, 17, 23, 24, 28, 34 and 36 ("Defendant's MTC"). Ethel Tom in her capacity as a cross-complainant represented by separate legal counsel joins in Defendan...

Excerpt: ...use building at 1212 San Pablo Avenue in Berkeley collapsed while she was walking on it. Plaintiff alleges that defendants negligently maintained the roof such that it became weakened and dilapidated and a danger to anyone standing of walking on the roof. At all relevant times, defendant John Toki, was co-owner of the property. (Separate Statement of Undisputed Material Facts ("SSUMF") No. 2.) In August of 2015, Toki rented the entire premises to...

Excerpt: ... Interrogatories and for Monetary Sanctions ("MPO Form Rogs"); (3) Defendant's Motion for Protective Order re: Plaintiff's Inspection Demands and for Monetary Sanctions ("MPO RFPDS"); and (4) Defendant's Motion to Compel Further Responses to Requests for Production of Documents Nos. 8, 11, 13, 14, 17, 23, 24, 28, 34 and 36 ("Defendant's MTC"). Ethel Tom in her capacity as a cross-complainant represented by separate legal counsel joins in Defendan...

Excerpt: ...eda County Fair on 6/22/2019 when one of defendants' employees opened a corral gate causing a corral panel to fall on her leg. Special Rogs Nos. 2-4 seek, respectively, all facts, witnesses and documents supporting Plaintiff's contention that Defendant caused or contributed to Plaintiff's injury on 6/22/2019. (See Moving Wong Dec. Exh. A.) As clarified by Defendant's counsel's 2/22/2021 meet and confer letter, Defendant was seeking discovery from...

Excerpt: ...e 11, 2021. Plaintiff shall provide a courtesy copy of any such supplemental declaration to Dept. 514 by email on the date of filing. Plaintiff may file documents under seal; however, unredacted courtesy copies must be provided to Dept. 514 by email as stated above. Plaintiff's Complaint alleges that defendant Halen Brands, Inc. ("Defendant") manufactured, sold and/or distributed 12 types of food bars and drink mixes, which Plaintiff alleges cont...

Excerpt: ...g will automatically become the Court's final order on Tuesday, May 11, 2021 unless, by no later than 4:00 p.m. on Monday, May 10, 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...

Excerpt: ...t after Defendant failed to timely respond to the Notice and Acknowledgement of Receipt Plaintiff mailed to Defendant on 6/22/2020. This tentative ruling will automatically become the Court's final order on Tuesday, May 18, 2021 unless, by no later than 4:00 p.m. on Monday, May 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 p...

Excerpt: .../20/2019 and are thus barred by the applicable statutes of limitations. Plaintiff's Motion to Strike is DENIED. The Motion to Strike is defectively noticed, i.e., the Notice of Motion does not state the grounds for or the matter in the FACC Plaintiff seeks to strike. Defendant may file and serve a Second Amended Cross-Complaint no later than Tuesday, June 8, 2021. BACKGROUND AND RELEVANT ALLEGATIONS OF THE COMPLAINT Plaintiff filed his original C...

Excerpt: ...y 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, May 19, 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 tentat...

Excerpt: ...t Defendants waived their right to bring a Motion to Transfer Venue by invoking this Court's jurisdiction on several occasions. First, Defendants invoked this Court's jurisdiction by filing and serving Cross-Complaints in this action on respectively 3/25/2019 (Jobs) and 5/6/2019 (Aquino and POAP). Second, Aquino and POAP again invoked this Court's jurisdiction by filing a Motion to Oppose the Application for Good Faith Settlement Determination br...

Excerpt: [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, May 5, 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 lis...

Excerpt: ... ("Plaintiff"). The Court ORDERS that no later than Friday, June 4, 2021, Plaintiff shall serve Defendant with full and complete verified Further Responses to Defendants First Sets of Form Interrogatories Nos. 7.1(b) and (c), 7.2, 7.3, 12.3, 12.4, 12.7 and 14.1 and to Defendants' First Set of Special Interrogatories Nos. 3, 7, 9-41, and 43- 45 without objections. (See Moving Separate Statement.) The Court further ORDERS Plaintiff to pay a monetar...

Excerpt: ...cause of action for breach of contract as alleged in the Complaint is on its face time-barred based on the 12/20/2019 date of filing of the Complaint in this action pursuant to CCP § 337. Plaintiff may file and serve an Amended Complaint no later than Friday, May 28,2021, if Plaintiff can truthfully plead facts showing that his breach of contract claim is not time-barred. This tentative ruling will automatically become the Court's final order on...

Excerpt: ...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, May 5, 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 reason for th...

Excerpt: [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, May 5, 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 lis...

Excerpt: ...arris ("Defendants") in advance of the hearing. Defendants have not filed papers responsive to the Motion. Therefore, any defect in service of the Moving papers has not been waived. The Moving papers contain a declaration of plaintiff Smith stating that on 3/11/2020, he served Form Interrogatories and Requests for Production of Documents on Defendant's counsel. However, the moving declarations do not contain as exhibits copies of these written di...

Excerpt: .... section 2024.050 states as follows: "(a) On motion of any party, the court may grant leave to complete discovery proceedings, or to have a motion concerning discovery heard, closer to the initial trial date, or to reopen discovery after a new trial date has been set. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. "(b) In exercising its discretion to grant or deny this motion, the court shall take into ...

Excerpt: ...es to Cross-Defendant's (1) Form Interrogatories, Set One, Nos. 4.1, 6.5, 6.6, 6.7, 8.7, 8.8, 9.1, 11.1, 11.2, 13.1, 13.2 and 14.1; (2) Cross-Defendant's Special Interrogatories Nos. 2-5 only; and (3) Cross-Defendant's Requests for Production of Documents Nos. 5-16 and 19, no later than Friday, June 4, 2021. The Court notes that Cross-Defendant's Notice of Motion improperly fails to identify the specific written discovery requests to which it see...

Excerpt: ...s driving southbound on Interstate 880 in Hayward and braked when traffic slowed in front of him. Purportedly, the Mercedes-Benz driven by Jeff Wang failed to observe the slowing traffic and did not brake in time, and crashed into the rear of Peter Wong's vehicle. The Complaint alleges that the Mercedes-Benz was equipped with a Forward Collision Avoidance System ("FCAS") that provides forward collision warnings and automatic emergency braking. Pl...

Excerpt: ... his counsel in the amount of $1,480 is GRANTED IN PART. Sanctions in the amount of $615 are awarded on this motion. On July 21, 2020, Shelby served Requests for Production on Lawrence, with responses due August 25, 2020. Lawrence served responses on or around August 28, 2020. Shelby met and conferred with Lawrence, stating that the responses were deficient and nonresponsive, and requested that Lawrence provide further verified responses and reme...

Excerpt: ...arris ("Defendants") in advance of the hearing. Defendants have not filed papers responsive to the Motion. Therefore, any defect in service of the Moving papers has not been waived. The Moving papers contain a declaration of plaintiff Smith stating that on 3/11/2020, he served Form Interrogatories and Requests for Production of Documents on Defendant's counsel. However, the moving declarations do not contain as exhibits copies of these written di...

Excerpt: ...�11-17.) In a December 2016 shareholder meeting, Kontech proposed that the loan be converted into new shares of Kontech but Plaintiff rejected that proposal. (Id., ¶20.) 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. (Id. ¶¶ 33-35.) When plaintiff made demands for repayment of the debt, Kontech refused to make payment and instead provided new ...

Excerpt: ...rs, bill changers and related equipment (the "Collateral") for use in a laundromat, for a term of 114 months and at a cost of $379,065. The Agreement provided Eastern with a security interest in the Collateral and in all of FZ Global's equipment and assets. Defendant Arahimi personally guaranteed FZ's Global's performance under the Agreement, as purported "100%" owner of FZ Global. FZ Global breached the Agreement when it stopped making monthly p...

Excerpt: ...iff's claimed injuries and treatment. Plaintiff did not timely respond to discovery and Plaintiff's counsel has subsequently been relieved as counsel on August 31, 2020. Defendants then re-served the discovery on Plaintiff, now acting in pro per. Plaintiff did not respond to the discovery or Defendants' efforts to meet and confer. The defendants then filed a motion to compel written discovery responses which the court granted on December 8, 2020....

Excerpt: ...mises Liability and Plaintiff has neither opposed this MSJ nor sought leave to vacate the deemed Admissions and serve Responses thereto. This tentative ruling will automatically become the Court's final order on Friday, April 9, 2021 unless, by no later than 4:00 p.m. on Thursday, April 8, 2021, a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, t...

Excerpt: ...e operative Fourth Amended Complaint filed on January 19, 2021 alleges two causes of action against Defendants for negligence and negligent supervision. Plaintiff alleges the following facts to support of her first cause of action for negligence: "47. Defendants, superintendent McPhetridge, Daniel Hurst, Daniel Kruger, Dorothy Ault, Jody McCarthy, Zarina Tillman, Kristen Zazo and unknown DOES 1-50 had an affirmative duty to provide supervision of...

Excerpt: ...rt's final order on Friday, March 26, 2021 unless, by no later than 4:00 p.m. on Thursday, March 25, 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 a date...

Excerpt: ...ef. This tentative ruling will automatically become the Court's final order on Tuesday, March 23, 2021 unless, by no later than 4:00 p.m. on Monday, March 22, 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 hea...

Excerpt: ...ge a specific breach. (Id., ¶8.) Plaintiffs attach loan documents and other agreements between themselves America West Bank, Defendant's predecessor, dated November 7, 2012 and May 1, 2014 related to the purchase of a property in Oakland. (Id.) Plaintiffs pray for damages of $15,060.59, attorney fees, interest and other charges. (Id., ¶¶ 10(a), (c), (d).) Defendant Pacific Western Bank demurs to the breach of contract cause of action on the gr...

Excerpt: ...rt's final order on Friday, March 12, 2021 unless, by no later than 4:00 p.m. on Thursday, March 11, 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 Wednes...

Excerpt: ...hearing on this demurrer under C.C.P. 472, but Plaintiff did not do so. Instead, Plaintiff asks the court to determine the sufficiency of the proposed first amended complaint although the demurrer is directed to the complaint. The Court will not review the sufficiency of plaintiff's proposed amended pleading, Instead, the Court will grant Plaintiff leave to amend to file the proposed first amended complaint or any other version of a first amended...

Excerpt: ...) 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, March, 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, an...

Excerpt: ...1 unless, by no later than 4:00 p.m. on Monday, March 8, 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, March 10, 2021 at 1:30 p.m. or at a s...

Excerpt: ...that it was negligent and alleges that Plaintiff's own negligence caused or contributed to her injuries, which included broken front teeth. BSC believes there is a significant risk that Plaintiff's potential liability will be overlooked by the jury unless liability is determined before Plaintiff is allowed to present evidence of her injuries, in particular, pictures of her broken teeth, swollen lips and facial abrasions. Therefore, BSC asks the C...

Excerpt: ...1 unless, by no later than 4:00 p.m. on Monday, March 8, 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, March 10, 2021 at 1:30 p.m. or at a s...

Excerpt: ...nd SROGS no later than Monday, April 5, 2021. The Court further ORDERS Plaintiff to pay monetary sanctions in the amount of $800 to Defendant no later than April 5, 2021. This tentative ruling will automatically become the Court's final order on Friday, March 5, 2021 unless, by no later than 4:00 p.m. on Thursday, March 4, 2021 a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing couns...

Excerpt: ... that is the subject of this motion on October 30, 2020. Defendant AEG served its responses to the second set of discovery, including second set Form Interrogatories, Special Interrogatories and Request for Production of Documents on December 11, 2020. Believing the responses were evasive and incomplete, Plaintiffs' counsel sent Defendant's counsel a meet and confer letter on December 18, 2020 requesting amended responses no later than December 2...

Excerpt: ...) 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, March, 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, an...