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...