Excerpt: ... Castro's Objections to Evidence are OVERRULED. The Complaint asserts six causes of action—two for breach of contract and four common counts—all seeking recovery of the same single sum of $20,372.04 allegedly owed by Defendant Joel L. Castro on a credit card account. (Aug. 29, 2022 Complaint, pp. 3—6.) Plaintiff Wells Fargo Bank, N.A. ("Wells Fargo") moves here for summary judgment, contending there are no issues to be tried on any of these...

Excerpt: ... court may relieve a party from any proceeding taken against them through her excusable neglect on any terms that may be just. (Code of Civ. Proc., S 473, subd. (b).) The moving party must show that the negligent act or omission is one that a reasonably prudent person might have committed under similar circumstances. (Renteria v. Juvenile Justice, Dept. of Corrections & Rehabilitation (2006) 135 Cal.App.4th 903, 910.) In addition, the party must ...

Excerpt: ..., Plaintiff seeks to add the three surety entities to the existing Judgment, and to amend the amount of the existing Judgment to account for (a) accrued interest, and (b) three prior awards of attorney's fees/costs, which remain unpaid. The Motion is opposed only by the two Loanvest entities (the sureties), and only in part. Brief background. In Nov. 2016, the parties entered into a Settlement Agreement, pursuant to which Defendants agreed to pay...

Excerpt: ...tile work environment on the basis of harassment due to her race (sixth), gender/sex (seventh), marital status (eighth), disability (ninth), and associative disability (tenth), on the grounds that Plaintiff "fails to plead what the alleged harassment was, who allegedly harassed her, when they allegedly harassed her, how the alleged harassment was tied in any way to a protected characteristic, and how the alleged harassment created a hostile work ...

Excerpt: ...Defendants have demonstrated that the claims alleged against them by Plaintiff LaVerne Norman Jones fall with Prong One of SLAPP statute, and Plaintiff has failed to demonstrate any probability of prevailing on her claims under Prong wo of SLAPP statute. An "act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue" includes "any written or oral statement...

Excerpt: ... 425.15 is DENIED for the reasons set forth below. Plaintiff seeks to strike Defendants/cross-complainants' ("Defendants") Cross-complaint on the grounds that "the gravamen of the Cross-complaint against Cross-Defendant involves acts taken during litigation activities." MPA, at p. 2. Plaintiff argues that, "[iln essence, Cross-complainants are countersuing Cross- Defendant because Cross-Defendant threatened to file a lawsuit and did file a lawsui...

Excerpt: ...City's ("Plaintiff) Motion to strike Defendant's Cross- Complaint, and the Motion filed by Defendant's attorney, Joseph M. Goethals, to be relieved as Defendant's counsel. Mr. Mogannam has not responded to either motion. Mr. Goethals's unopposed Motion to be Relieved as Defendant's Counsel is GRANTED. Because Mr. Mogannam has not responded to Plaintiff's Special Motion to Strike the Cross-complaint pursuant to California Code of Civil Procedure, ...

Excerpt: ...de Civ. Proc., S 437c. Accordingly, BBV PSP's alternative Mohon for Summary Adjudication is DENIED AS MOOT. 1. Preliminary Matters a. Plaintiff has not demonstrated good cause to continue the hearing to conduct further discovery. Plaintiff argues that this Motion is premature, and that the hearing should be continued, because discovery is still on-going. Opp., at p. 9. The only discovery Plaintiff identifies as incomplete is the "conclusion" of Z...

Excerpt: ... the burden of proof is on the plaintiff to demonstrate by a preponderance of the evidence that "minimum contacts" exist between defendant and the forum state to justify the imposition of personal jurisdiction. (Mihlon v. Sup. Ct. (1985) 159 Cal.App.3d 703, 710; Ziller Electronics Lab GmbH v. sup. ct. (1988) 206 cal.App.3d 1222, 1232-1233.) Under a general jurisdiction analysis, a nonresident defendant may be sued on a cause of acton unrelated to...

Excerpt: ...laintiff's Second Amended Complaint ("SAC") is DENIED. The parties' respective requests for judicial notice are GRAN ED pursuant to Cal. Evidence Code section 452(d). Defendants argue that Plaintiff does not sufficiently allege a fiduciary duty owed to herself individually, because she alleges her ownership interest of FMCTD and Bayshore were through her interest in Nucleus Management. Reply, 2:23-3:16. The Ninth COA in the SAC alleges, in part: ...

Excerpt: ...re or quit for breach of lease covenant on March 8, 2023." (MPA, p.4.) According to Defendants, because Plaintiff's Complaint does not attach a threeday notice to cure or quit served on March 8, 2023, the notice requirements of Civ. Code 1946.2(c) have not been satisfied, and Plaintiff's Complaint is fatally ambiguous. Plaintiff responds that both the Three-Day Notice to Quit and the Complaint allege that Defendants were first given notice of the...

Excerpt: ... days after service of written notice of this order. The failure to file an amended complaint shall result in dismissal of this case. Defendant City of Burlingame's Request for Judicial Notce is GRANTED. The Court does not take judicial notice of the declarations per se but considers them as independent affdavits. Defendant City of Burlingame (the "City") demurs to the Complaint pursuant to Code of Civil Procedure secton 430.10, subdivisions (e) ...

Excerpt: ... amendments to its First Amended Complaints do not require/necessitate a contnuance of the trial date, which is set to begin June 26, 2023, nor any additional discovery. Plaintiff's 5-22-23 Requests for Judicial Notice are GRANTED. Evid. Code Sect. 452(d). Background. In these consolidated cases, on 5-22-23, Plaintiff DFS filed two substantially similar motions, both entitled: "Motion for Leave to File Amendment to First Amended Complaint." In th...

Excerpt: ... Toole ("Plaintiff") is SUSTAINED WITHOUT LEAVE TO AMEND based on failure to allege facts sufficient to support this claim. The elements of a claim for intentional interference with contractual relations are: (1) That there was a contract between [name of plaintiff] and [name of third party]; (2) that [name of defendant) knew of the contract; (3) that [name of defendant]'s conduct prevented performance or made performance more expensive or diffic...

Excerpt: ... Bulaya, who is doing business as KJ Millworks, he did not file a timely response to the Complaint because he is unfamiliar with the united States legal system and because he was in an emotional state due to the death of his father father-in-law five days prior to the filing of this action. (MPA, p.3, 5.) Mr. Bulaya's declaration states that "My father in law's death distracted me, affected me psychologically by causing me to become sad and anxio...

Excerpt: ...of this order. Defendant Ford Motor Co. ("Ford") moves here for an order compelling the further responses of Plaintiff Mario A. Gonzalez to its special interrogatories nos. 1, 5, 7, 9, 19, and 21—22. Generally, these interrogatories seek information as to what defects or nan-conformities Gonzalez alleges the vehicle had and the damages he has incurred for Ford's failure to repair the defects. The Motion was filed on April 14, 2023. Gonzalez ser...

Excerpt: ...ion is DENIED. This lawsuit was originally filed by Plaintiffs against Defendant Giusto's Specialty Foods LLC back on August 21, 2019 — almost four years ago. Although the Complaint was served upon Defendant GSF on August 22, 2019, Defendant GSF failed to file any Answer to the Complaint. On March 3, 2021, Plaintiffs filed a First Amended Complaint, adding parties to the case. Defendant GSF filed its Answer on April 26, 2021. This case was set ...

Excerpt: ...tract; (2) plaintiff's performance; (3) defendant's breach; (4) plaintiff's damages therefrom. (See Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186.) hough the Complaint alleges that a written contact exists, it does not attach a copy, set out the contract's terms, or otherwise state the terms' legal effect. (See Gilmore v. Lycoming Fire Ins. Co. (1880) 55 Cal. 123, 124.) Second, to the extent the Complaint asserts a cause of action for disc...

Excerpt: ...d on Janaury 10, 2023, by arbitrator Hon. David A. Garcia is hereby corrected and confirmed, and judgment shall be entered for Iglesia Bautista Hispana Senda de Vida and against First Puritan Church of South San Francisco as follows: First Puritan Church of South San Francisco shall take nothing by its claims. Iglesia Bautista Hispana Senda de Vida shall be allowed the continued use of the premises consistent with its historical use, including th...

Excerpt: ...ode Civ. Proc. Sect. 436; Civ. Code Sect. 3294. Plaintiffs 5-5-23 Request for Judicial Notice is GRANTED. Evid. Code Sect. 452(d). The meet & confer. Code Civ. Proc. Sect. 435.5 states that the party filing a motion to strike shall meet and confer in person or by telephone with the party who filed the pleading ..." It is not enough to merely send correspondence inviting opposing counsel to participate a phone call. The statute contemplates that t...

Excerpt: ...d City, Courtroom 2]. Any party contesting this tentative ruling is also to give notice to opposing counsel of the correct location of the hearing. CASE SUMMARY On July 8, 2021, Plaintiff Bernardo Zavala-Rosales ("Plaintiff") purchased a 2018 Honda Pilot ("vehicle"). Plaintiff alleges that the vehicle came with express and implied warranties from Defendant, the manufacturer. Plaintiff claims that the vehicle was delivered with serious defects and...

Excerpt: ...thing in the Notice of Demurrer indicates the grounds for demurrer. For purposes of this hearing only, the Court overlooks the procedural defect and rules on the demurrer. Defendant's counsel is directed to comply with California Rules of Court and uycal Rules of Court regarding electronically filed documents. Specifically, exhibits must be (CRC Rule 3.1110(f)(4) ["electronic exhibits must include electronic bookmarks with links to the first page...

Excerpt: ...nuary 24, 2023 Declaration of Paul W. Reid' are OVERRULED as to all items. In response to a subpoena, a party or witness may move for an order directing compliance with the subpoena upon certain terms and conditions declared by the court, such as a protective order. (Code of Civ. Proc., S 1987.1, subd. (a), (b).) A court may issue a protective order, "for good cause shown," that protects any person from "unwarranted annoyance, embarrassment, or o...

Excerpt: ...ice of hearing contains an incorrect department and address for the hearing. This case was reassigned for all purposes on March 8, 2023. If contested, the hearing will be held at 2:00 p.m. in Department 3, which is located at 400 County Center, Redwood City, CA 94063, Courtroom 2B. Any party contesting the tentative ruling must give notce to all other parties of the correct department and location of the hearing. (2) Plaintiff's opposition was fi...

Excerpt: ...lany and Majdy Alkablany shall, jointly and severally, pay Defendants Colla & Ray, LLP's, Samuel Charles Ray's, and Luke Robert Garvey's reasonable attorney fees in the total amount of Defendants Colla & Ray, LLP's, Samuel Charles Ray's, and Luke Robert Garvey's Objections to Evidence are SUSTAINED as all items. Defendants Colla & Ray, LLP, Samuel Charles Ray, and Luke Robert Garvey (collectively "Colla & Ray") specially move here to strike the a...