Excerpt: ...nce's Shellfish Company, Inc. shall file its answer to the Complaint no later than ten (10) days after service of written notice of entry of this order. Defendant Vince's Shellfish Company, Inc. ("VS Co.") demurs to Plaintiffs Anna Marie Loftus', Rosanna Wieland's, and Jeanette Mary Wild's (hereafter collectively "Plaintiffs") Complaint—pursuant to Code of Civil Procedure, section 430.10, subdivision (e)—on the grounds that it fails to allege...

Excerpt: ...e of Action, titled unlawful Eviction, is based on Plaintiff's car being towed, which Plaintiff alleges constituted placing Plaintiff in a "state created danger" under the Due Process Clause of the 14th Amendment to the United States Constituton. (42 U.S.C. S 1983.) The First Cause of Action fails to state a legally cognizable claim for two reasons: 1. A local government entity, such as Defendant County Sheriff's Office, "may not be sued under Se...

Excerpt: ...controversy, the Court shall order the petitioner and the respondent to arbitrate the controversy it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waved by the petitioner; or (b) Grounds exist for the revocation of the agreement; or (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, ...

Excerpt: ...t 2022 through November 2022 relating to the Conservation of [Respondent) California Insurance Company (CIC) (Motion) came for hearing before this Court on June 1, 2023, at 2:00 p.m. All parties appeared through their counsel. Having considered all papers filed regarding the Mohon, oral arguments of the parties, any testimony and evidence presented at the hearing, and all other pleadings and papers on file herein, the Court GRANTS the Motion. DIS...

Excerpt: ...mmary Adjudication is DENIED as to Plaintiff's remaining claims for the reasons set forth below. Statute of Limitations —Relation Back Doctrine Defendant contends, first, that Plaintiff's causes of action are time-barred by the applicable statutes of limitations. Defendant cites Scherer v. Mark (1976) 64 Cal. App 3d 834, 842 for the rule that "Where no effort has been made to allege a cause of action against a fictitiously named Doe defendant, ...

Excerpt: ...s rule. The economic loss rule provides that a plaintiff may not recover purely economic damages for tort claims. See Jimenez v. Superior Court, (2002) 29 Cal.4th 473. The component exception to the economic loss rule states that the rule "does not necessarily bar recovery in tort for damage that a defective product (e.g., a window) causes to other portions of a larger product (e.g., a house) into which the former has been incorporated." ld. at 4...

Excerpt: ... is GRANTED in its entirety. (Evid. Code Sect. 452). As to documents filed in court, the Court takes judicial notce of their contents and filing dates, but does not take judicial notice of the truth of statements or allegations in the documents. Page limits. The City's Memorandum of Points & Authorities exceeds the CRC-imposed page limit. Counsel for the City will be expected to comply with all page limits going forward. In its discretion, the Co...

Excerpt: ... days after service of written notice of this order. Silvia Revolorio, Elmer Lopez, and Cristofer Lopez (hereafter collectively "Defendants") demur to the Complaint, pursuant to Code of Civil Procedure section 430.10, subdivision (e), contending that the notice to pay rent or quit served to Defendants (the "Notice") was required to indicate that payment of the overdue rent could be made by mail rather than simply by personal delivery. (See Apr. 1...

Excerpt: ...andatory dismissal statute Secton 583.310. Code of Civil Procedure Section 583.310 mandates that a civil action be dismissed for failure to prosecute if the case does not start trial within five years of filing: "An action shall be brought to trial within five years after the action is commenced against the defendant." This civil action was dismissed for failure to bring the matter to trial within five years. For the sake of argument, even there ...

Excerpt: ...i and Jackie A. Fagnani, and the defendant is Teiko Inuoe Lewis dba Peninsula Cleaners. First Amended Complaint ("FAC"), 1-3. The Second Settlement Agreement is signed between Fagnani Properties LP, John Fagnani, individually and as Trustee of the John and Jackie Fagnani Family Trust dated August 2, 1999, and Jackie Fagnani, individually and as Trustee of the John and Jackie Fagnani Family Trust dated August 2, 1999, on the one hand, and Teiko In...

Excerpt: ...s of service of written notice of entry of this order. Plaintiffs shall not file any Request for Entry of Default against Bragg or Silicon Valley Real Ventures before that date. California Code of Civil Procedure, section 1054, subd. (a) provides in pertinent part that When an act to be done, as provided in this code, relates to the pleadings in the action, ... , the time allowed therefor, unless otherwise expressly provided, may be extended, upo...

Excerpt: ... order granting Plaintiffs' Special Motion to Strike in part (the "Anti-SLAPP Motion"), pursuant to California Code of Civil Procedure, secton 425.16 subd. Plaintiffs are entitled to an award of reasonable attorneys' fees incurred in connection with that portion of the motion that was granted. Richmond Compassionate Care Collective, Inc. v 7 Stars Holistic Found., (2019) 33 Cal.App.5th 38, 45. The majority of Plaintiffs' fees were incurred in con...

Excerpt: ... SUSTAINED-IN-PART and OVERRULED-IN-PART, as set forth below. Page limits. Going forward, the parties are advised to strictly comply with stated page limits for all briefing. The CRC-imposed page limitations exist to insure brevity; they are not an invitation for parties/their counsel to gain additional pages by transferring large swaths of text into the footnotes. Footnotes should be used sparingly. Meet and confer. The 3-22-23 meet and confer d...

Excerpt: ...f Plaintiff's Complaint as a result of Plaintiffs failure to comply with the Court's November 4, 2023 Order compelling Plaintiff to serve responses to Defendant's Form Interrogatories, Set One, and Demands for Production, Set One, as well as Plaintiff's failure to submit any Case Management Statements ahead of scheduled case management conferences. Defendant's counsel states that "To date, Plaintiff has failed to comply with the Court's Order and...

Excerpt: ...tract is OVERRULED. The Court previously overruled the Demurrer to this claim in the original Complaint. Nevertheless, ARE argues that it may bring a demurrer to this claim once again because IncellDx filed a FAC. (See Carlton v. Dr. Pepper Snapple Group, Inc. (2014) 228 Cal.App.4th 1210- 1211.) While Carlton supports that ARE may bring a demurrer to this claim though, the Court is not persuaded that the breach of contract claim in the FAC necess...

Excerpt: ... language of the clause must be clear and unmistakable. Second, the delegation must not be revocable under state contract defenses such as fraud, duress, or unconscionability." (Aanderud v. Superior Ct. (2017) 13 Cal. App. 5th 880, 892.) The delegaton clause at issue does not pass this test. The Arbitration Agreement delegates to the Arbitrator questions of "whether a claim or dispute must be arbitrated." (Arbitration Agreement at 1, fourth full ...

Excerpt: ... cite Theresa D. v. MBK Senior Living LLC (2022) 73 Cal.App.5th 18 for their argument that the Residents Bill of Rights (Health & Saf. Code sect. 1569.261 et seq.) prohibits requiring a resident to sign a contract waiving jury trial rights "as part of the contract for, or as a condition of, admission" to a residential care for elderly facility. (ld. at 29.) The Arbitration Agreement in the present case is separate from the residency agreement, an...

Excerpt: ...o. (2021) 69 Cal.App.5th 243, 255.) As a preliminary matter, Defendants Horse Park at Woodside LTD ("Horse Park") and Bravo have waived the affirmative defense upon which they move for summary judgment. The defense they assert falls under the doctrines of waiver of liability and express assumption of risk. (See Coates v. Newhall Land & Farming, Inc. (1987) 191 Cal.App.3d 1, 7— 8.) Neither of these theories are implicated by any of the twenty-fi...

Excerpt: ...ority on this issue, and that the First Appellate District has recently held, in Dhital v. Nissan North America, Inc., 84 Cal.App.5th 828 (2022), that the economic loss rule does not bar fraudulent inducement claims based on concealment. Nonetheless, Defendant asserts that the Court should follow federal decisions, including Catherine Petersen v. FCA US LLC, No. CV 21-1386 OSF (EX), 2021 WL 3207960, at *5 (C.D. cal. July 8, 2021) and Tappana v. A...

Excerpt: ...dwood City, CA, 94063, Courtroom 2B. Any party contesting this tentative ruling must also give notice to all other parties of the correct location for the hearing in case any party intends to appear in person. The Demurrer of Defendants Cenlar FSB ("Cenlar") and Citibank, N.A. ("Citibank") (collectively "Defendants") to the First Amended Complaint ("FAC") of Plaintiffs Christopher R. Dhillon and Marissa A. Dhillon ("Plaintiffs") is SUSTAINED IN P...

Excerpt: ...fendants' Request for Judicial Notice is GRANTED pursuant to Cal. Evidence Code section 452(d). Defendants argue that the demurrer should be sustained on the ground that there is another achon pending between the same parties on the same cause of action, pursuant to Cal. Code of Civil Procedure Secton 430.10(c). In the related probate action, Case No. 23-PRO-00327, there are three causes of action for (1) Breach of Fiduciary Duty and Removal of T...

Excerpt: ...is due in November 2023, and the parties have declined to stipulate to any waiver of the five year dismissal statute. This is a motion for reconsideration in disguise. On August 17, 2022 this Court held a hearing on Plaintiff's moton to continue the trial (which was granted) and Defendants' motion to continue all pretrial dates and deadlines, to be calculated based upon the new trial date, which was denied. The Court found "No good cause for cont...

Excerpt: ...$25,000, Plaintiff will need to formally serve the Amended Complaint on Defendant, which would re-open Defendant's default. (See 3-21-22 Order denying Plaintiff's "Application to Amend the Complaint."); see also The Rutter Group: unlawful Detainer Complaint, Cal. Prac. Guide Landlord-Tenant Ch. 8-8, Sect. 8:498 ("An amended complaint making substantive changes in effect "opens" existing defaults: All defendants, even those currently in default un...

Excerpt: ...ional Tort and "Discriminated Against as a Member of an underrepresented Group" are attached. However, the only attachments to the Complaint are documents showing a hotel reservation, and a police report. The checked boxes and attachments are insufficient to show what causes of action are alleged so that Defendant may prepare a defense. The Demurrer to each cause of action is therefore SUSTAINED with leave to amend for uncertainty pursuant to Cal...

Excerpt: ...ment Debtor VITALY GOLOMB concedes belong to him, his wife Kateryna Mamyko-Golomb, and Golomb Solet Capital. Judgment Debtor Golomb concedes that he was CEO and "owner" of TIME TRAVELLER. If that is true, then money transfers to his wife and to Golomb Solet-i Capital raise questions about their propriety, especially since at least some of the transfers occurred after this lawsuit was filed. To determine whether the transfers were fraudulent for t...