Excerpt: ...herein. (Code Civ. Proc. § 437c, subd. (d); Evid. Code, §§ 403, subd. (a)(1) & (2), 702; see Tropeano Decl., ¶¶ 1 – 13.) The Court SUSTAINS plaintiff's objections 14 – 16 to the Declaration of Piero Tropeano on the ground the declarant failed to properly lay a foundation for/authenticate Exhibits B, C and E through G. (Evid. Code, §§ 403, subd. (a)(3), 1400; see Tropeano Decl., ¶ 14.) The Court SUSTAINS plaintiff's objection to Exhibi...

Excerpt: ...us, a demurrer will be sustained only where the pleading is defective on its face. (Ibid.) We treat the demurrer as admitting all material facts properly pleaded but not contentions, deductions or conclusions of fact or law. (Ibid.) We accept the factual allegations of the complaint as true and also consider matters which may be judicially noticed. (Ibid.) Plaintiff's officer's verification substantially conforms with statutory requirements. (See...

Excerpt: ...ble only if the lessor strictly complies with the specifically described notice conditions. (Kwok v. Bergren (1982) 130 Cal.App.3d 596, 600.) Where insufficient notice has been served upon a tenant, an unlawful detainer complaint fails to state a cause of action. (See Baugh v. Consumers Associates, Limited (1966) 241 Cal.App.2d 672, 675.) Strict compliance with statutory notice requirements is a prerequisite to filing an unlawful detainer action....

Excerpt: ...hicle that caused injury to plaintiff. (See Dodge Center v. Superior Court (1988)199 Cal.App.3d 332, 341; see also Blake v. Moore (1984) 162 Cal.App.3d 700, 706; CACI 724.) However, given Zipcar's concession, and plaintiff's argument that the requested documents could lead to the discovery of admissible evidence, Zipcar shall produce all documents regarding the termination of any Zipcar membership of any Zipcar member for violating Zipcar's polic...

Excerpt: ...ce. (Floveyor Internat., Ltd. v. Superior Court (1997) 59 Cal.App.4th 789, 793.) Moving defendants have challenged jurisdiction by bringing a motion to quash. Plaintiff's opposition does not set forth that moving defendants were served by personal service, or that moving defendants were served by substitute service at any defendant's dwelling house, usual place of abode, or his usual place of business, or usual mailing address, or that moving def...

Excerpt: ...complaint, and all references to said Exhibits and/or “Attachments” in said complaint. Anti‐SLAPP Special Motion to Strike: The Court SUSTAINS defendants' evidentiary objections to the documents attached as Exhibit A to plaintiff's opposition. (Evid. Code, §§ 403, subd. (a)(3), 1200, 1400; See Sambrano v. City of San Diego (2001) 94 Cal.App.4th 225, 237.) The Court notes that even if the Court considered plaintiff's late‐filed request f...

Excerpt: ...¶ 1‐13, Exs. A‐J; plaintiff's separate statement; Code Civ. Proc., § 2031.310, subds. (b)(1), (2).) Code compliance Plaintiff argues that this Court should compel further response to multiple requests for production on the basis that defendants' responses do not comply with the requirements of the Discovery Act. The instant motion to compel further response pertains to requests for production of documents served June 15, 2022 and demanding ...

Excerpt: ... (Cal. Rules of Court, rule 3.1300(c) [proof of service of the moving papers must be filed no later than five court days before the hearing]; Code Civ. Proc., § 1005, subd. (b) [all moving papers must be filed and served 16 court days prior to the hearing, with an additional 5 court days required for mail service].) The Court also finds that petitioner has failed to provide a sworn declaration supporting the attorney's fees allegedly incurred. (...

Excerpt: ... to provide responses to form interrogatories – set one, and for sanctions; 2 of 3 • Motion to compel Shazia Jabeen to provide responses to special interrogatories – set one, and for sanctions; • Motion to compel Shazia Jabeen to provide responses to requests for production of documents – set one, and for sanctions; • Motion to deem admitted Muhammad Younas Malik's requests for admission, set one, to Ahsan Iqbal, and for sanctions; �...

Excerpt: ...s' Service (2000) 81 Cal.App.4th 39, 43; Aubry v. Tri‐City Hospital Dist. (1992) 2 Cal.4th 962, 967.) The Court finds that plaintiff has failed to state any facts regarding an interest claimed by RD 2035 that is adverse to plaintiff's ownership and possession of the subject property sufficient to constitute this cause of action. (Code Civ. Proc., § 760.010, et seq.; South Shore Land Co. v. Petersen (1964) 226 Cal.App.2d 725, 740; see West v. J...

Excerpt: ...here is another action pending between the same parties on the same cause of action. (Code Civ. Proc., § 430.10.) A demurrer tests the pleading alone, and not the evidence or the facts alleged. (Mitchell v. State Dept. of Public Health (2016) 1 Cal.App.5th 1000, 1007, as modified on denial of reh'g (Aug. 22, 2016).) Thus, a demurrer will be sustained only where the pleading is defective on its face. (Ibid.) We treat the demurrer as admitting all...

Excerpt: ...y Ins. Co. (2004) 116 Cal.App.4th 968, 994, as modified on denial of reh'g (Mar. 30, 2004).) In ruling on a demurrer, a court cannot consider the substance of declarations, matter not subject to judicial notice, or documents judicially noticed but not accepted for the truth of their contents. (Ibid.) Defendant asserts that the complaint is defective because it fails to define the property adequately and no drawing or map is attached to the compla...

Excerpt: ...16‐18 (manuals and agreements) is GRANTED IN PART. RFP no. 16 is too broad in scope and is construed as all warranty claims policy and procedure manuals that would apply to the subject vehicle from 2016 to the present. Plaintiff's motion to compel further response to requests for production nos. 19‐29 (policies and procedures, training materials) is GRANTED. Plaintiff's motion to compel further response to request for production no. 30 (techn...

Excerpt: ... proof because the consideration exception to the recreational use immunity statue applies. (Civ. Code, § 846, subd. (d)(2); Gordon v. Havasu Palms, Inc. (2001) 93 Cal.App.4th 244, 255; citing Ornelas v. Randolph (1993) 4 Cal.4th 1095, 1100; Pacific Gas & Electric Co. v. Superior Court (2017) 10 Cal.App.5th 563, 586 [payment of any consideration for permission to enter property for a recreational purpose abrogates the immunity under section 846 ...

Excerpt: ...inds that: (1) plaintiffs have established every element of the fourth cause of action in plaintiffs' second amended complaint against National for negligence; and, (2) National has failed to show that a triable issue of one or more material facts exists as to this cause of action, or a defense thereto. (Code Civ. Proc., § 437c, subd. (p)(1); Civ. Code, § 1714; Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843; Ladd v. County of San ...

Excerpt: ...t, in May and June 2022, respectively, is not a sufficient excuse for the failure of the depositions at issue to have been taken in advance of the current trial date. (Lucas v. George T.R. Murai Farms, Inc. (1993) 15 Cal.App.4th 1578, 1586 [the decision to grant or deny a continuance is committed to the sound discretion of the trial court]; Beckman v. Waters (1911) 161 Cal. 581, 588 [denial of motion to continue trial was not an abuse of discreti...

Excerpt: ...)(2).) However, the Court finds that defendant has failed to meet its burden of proof on the remaining claimed costs in this category. (See Melnyk v. Robledo (1976) 64 Cal.App.3d 618, 624.) Defendant's opposition to the instant motion fails to cite to the specific documents attached to defendant's memorandum of costs (“Memo) supporting the costs claimed, and the documents attached to the Memo fail to make any reference to the item(s) within the...

Excerpt: ...e of Peggy and Joe DeUlloa's Marital Trust's motion for entry of interlocutory judgment of partition and appointment of referee is DENIED. (Code Civ. Proc., § 872.710 et seq.) A co‐owner of property has an absolute right to partition unless barred by a valid waiver. (Orien v. Lutz (2017) 16 Cal.App.5th 957, 962.) The right of partition may be waived by contract, either express or implied. (LEG Investments v. Boxler (2010) 183 Cal.App.4th 484, ...

Excerpt: ...r negligence [incorrectly identified as the fifth cause of action] in their first amended complaint (“FAC”) is SUSTAINED WITHOUT LEAVE TO AMEND. (Code Civ. Proc., § 430.10, subd. (e); see Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) .) The Court finds that plaintiffs have failed to alleged facts sufficient to state this cause of action. (See Thomas v. Stenberg (2012) 206 Cal.App.4th 654, 662; Sheen v. Wells Fargo Bank, N.A. (2022) 12 Cal. 5th...

Excerpt: ...panel, the panel issued a report in which it found that petitioner violated the UC Davis Policy on Student Conduct & Discipline during an examination in a course she took during the Summer 2021 quarter. (Ibid.) On February 22, 2022, the director of the UC Davis Office of Student Support and Judicial Affairs issued a letter to petitioner indicating that the director was imposing sanctions on petitioner based upon a review of the hearing report. (I...

Excerpt: ...intiff's first cause of action [wrongful/constructive termination] within the verified first amended complaint (“FAC”) is SUSTAINED WITHOUT LEAVE TO AMEND. (Code Civ. Proc., § 430.10, subd. (e); see Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The Court finds that this cause of action: (1) was solely brought against former defendant United Parcel Service (“UPS”); and, (2) cannot be maintained against Estrada as an individual/nonemployer d...

Excerpt: ...oup LLC v. AXQG Corp. (2020) 58 Cal.App.5th 817, 825.) The Court declines to rule on plaintiff's evidentiary objections to the declarations of Ed Medina, Ron Hayes, Renee Croswell and Brody Lorda, as the Court did not rely upon the paragraphs and corresponding exhibits challenged in determining the instant motion. The Court SUSTAINS plaintiff's objection to defendants' memorandum of points and authorities (“MPA”) on the ground that it exceeds...

Excerpt: ...ent or quit which overstates the rent due is ineffective and will not support an action for unlawful detainer. (Ernst Enterprises, Inc. v. Sun Valley Gasoline, Inc. (1983) 139 Cal.App.3d 355, 358.) Where, as here, forfeiture of the tenant's lease for non‐payment of rent is one of the objectives of the action, the exact amount of rent claimed to be due must be stated in the notice to pay rent or quit. (Baugh v. Consumers Associates, Limited (196...

Excerpt: ...tion by plaintiff is the legal equivalent of a judgment in plaintiff's favor. (Goodstein v. Bank of San Pedro (1994) 27 Cal.App.4th 899, 907, emphasis added.) Goodstein v. Bank of San Pedro does not establish a time limit to file a motion for attorneys' fees based upon a compromise agreement reached by the parties. The Court's file does not contain any entry of judgment, dismissal, or proof of service that notice of entry of judgment was served o...

Excerpt: ...he alternative summary adjudication. (Evid. Code, §§ 702, subd. (a), 800, 1200.) It is unnecessary for the Court to reach defendant's evidentiary objections in support of reply. (Evid. Code, §§ 1200, 403, 702.) Defendant's motion for summary adjudication as to the first cause of action (enticement of minors) is DENIED. (Code Civ. Proc., § 437c, subd. (p)(2).) “[T]he unlawful taking or withholding of a minor child from the custody of the pa...