Excerpt: ... Dizitser") and Michelle Dizitser ("M. Dizitser") Crosscomplaint is GRANTED. The undisputed material facts show that the Cross-complaint has no merit and Cross-defendants AVJOG and Chadha are entitled to judgment in their favor. A. First Cause of Acton (Wrongful Eviction) 1. Issue 1: The Dizitsers Were Neither Parties to nor ThirdParty Beneficiaries of the Lease between AVJOG and MxM It is undisputed that the Dizitsers were not parties to the Lea...

Excerpt: ... to Evid. Code, S 452(d). The Court additionally takes judicial notice of the pleadings filed in related Case No. 1. Defendant Sarah Hillhouse's Demurrer to the 13th COA for Civil Embezzlement is OVERRULED The Court analyzed a demurrer to a similar COA in Plaintiff's Crosscomplaint in a related action, Case No. 22-CL_J-WCb40, and overruled the demurrer to that COA because the Court found that under a broad, liberal reading of the pleading, the Cr...

Excerpt: ... Defendants committed financial elder abuse and breached their duties as fiduciaries when they pressured her into selling her house without attempting to solicit bids from other buyers via a multiple listing service ("MLS"). Here, Defendants move to strike all requests for punitive damages from the Complaint. As a preliminary matter, Defendants failed to meet and confer as required by Code of Civil Procedure secton 435.5. This statute requires a ...

Excerpt: ...NG: Plaintiffs serra Falk Goldman's and George G.'s unopposed Motion to Seal, filed 2-24-23, which seeks an Order sealing certain documents filed in support of, and in opposition to, defendant Cirrus' Motion for Review of the Discovery Referee's Pre- Trial Order ISA, is GRANTED. CRC 2.550(d); 2.551. Plaintiffs seek an order sealing the confidential versions of the documents listed below, which were filed/lodged with the Court on Feb. 14, 2023 and...

Excerpt: ...he Court's January 11, 2023 Order compelling Plaintiff to serve responses to Defendant's Form Interrogatories, Set One, Special Interrogatories, Set One and Request for Production of Documents, Set One, as well as Plaintiff's failure to submit any Case Management Statements ahead of scheduled case management conferences. According to the declaration of Defendant's counsel, "Plaintiff has not served verified discovery responses pursuant to the Cou...

Excerpt: ... order. Plaintiff's Request for Judicial Notice is GRANTED. Plaintiff's Complaint alleges, inter alia, Defendants committed financial elder abuse and breached their duties as fiduciaries when they pressured her into selling her house without attempting to solicit bids from other buyers via a multiple listing service ("MLS"). Here, Defendants demur to each of the two causes of action in the Complaint pursuant to Code of Civil Procedure section 430...

Excerpt: ...de that the parties agreed to permit discovery on issues pertaining to enforceability of the Arbitration Agreement. The discovery at issue falls into nine general categories: formation of the arbitration agreement, presentation of arbitration agreements to residents, withdrawal of arbitration agreements, arbitration costs, conduct of arbitration, ownership of arbitration entities, motions to compel arbitration, initiation of arbitration, and the ...

Excerpt: ... cautioned regarding signing declarations under oath absent personal knowledge of the facts stated therein. The 1-5-23 Karen Evans declaration does not appear to be based on personal knowledge. If counsel did not participate in the alleged phone call, then she should not be stating, under penalty of perjury, based on alleged personal knowledge, that the phone call took place. Nonetheless, the Court deems the meet and confer to have been sufficien...

Excerpt: ...erver and Defendants have filed a reply. The Court GRANTS the motion. FACTS On February 6, 2023, Plaintiff filed three proofs of service showing person service by a registered process server on each of the three defendants on January 28, 2023 at 10:08 a.m. In support of the moving papers, Defendants each filed a declaration stating that they were not personally served. Pauli and Paleste Tau declare that they were home that day, but were never ser...

Excerpt: ...23 for ease of tracking: The Court rules on Defendants' Motion in Limine No. 13 to Exclude Permanent Nuisance Damages as follows: The Court GRANTS the unopposed Requests for Judicial Notice. The Court takes judicial notce of these documents' existence, the date and nature of the acts and pleadings, but not necessarily for the truth of facts asserted within the documents. Julian Volunteer Fire Co. Assn. v. Julian-Cuyamaca Fire Protection Dist. (20...

Excerpt: ...urthouse. Department 4 is located at the Central Courthouse, 800 North Humboldt St., Courtroom G, San Mateo, CA 94401. Plaintiffs, however, noticed the hearing for Redwood City. OBJECTION TO SEPARATE STATEMENT Defendants object to Plaintiffs' separate statement of Undisputed Material Facts ("SSUMF") for failure to comply with California Rules of Court 3.1350(b),(h). Plaintiffs' Notice of Motion indicates that summary judgment/adjudicaton is sough...

Excerpt: ... whether a settlement is fair, reasonable and adequate. (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 75—77.) After conducting this independent review of this proposed settlement, the Court DENIES WITHOUT PREJUDICE Plaintiff Y. Thomas' Motion for (1) Preliminary Approval of Class Action Settlement Agreement; (2) Approval of Notice to Class Members and Related Materials; (3) Approval of Settlement Administrator; and (4) Setting Hearing fo...

Excerpt: ...epartment's ("Defendant") Motion to Compel Plaintiff Joseph Echema's ("Plaintiff") Responses to Set No. 1 of Defendant's Requests for Production of Documents, Form Interrogatories, and Special Interrogatories and to Impose Sanctions is DENIED for the reasons set forth below. A. Defendant's Request for Order Compelling Further Responses Is untimely On March 26, 2021, Plaintiff served verified responses to Defendant's First Set of Requests for Prod...

Excerpt: ...ENIED-IN-PART. (Cal. code Civ. Proc., SS 1281.2, 1281.4.) Plaintiff Brennan Lawson ("Plaintiff") has filed two actions against Defendant Meta. The two related cases inwlve substantially the same allegations against Defendant. The Court has already determined that the instant case (Case No. 22ClV03300, filed on August 11, 2022) is related to Case No. 22ClV02723, filed on July 5, 2022. (See October 10, 2022 Order Deeming Cases Related.) In this cas...

Excerpt: ...16, 2023. At that time, Defendants had not filed an opposition. At the hearing on February 16, 2023, Defendants claimed that they never received the Motion so the Court continued the hearing to February 23, 2023. At the hearing on February 23, 2023, the Court continued the hearing to March 16, 2023 and set a briefing schedule for Defendants' opposition, and Plaintiff's reply. 80th Defendants and Plaintiffs timely filed their briefs. In their oppo...

Excerpt: ...ition is CONTINUED to May 25, 2023 at p.m. The parties are ORDERED to file and serve simultaneous supplemental briefs no longer than seven (7) pages on or by April 6, 2023 addressing the following issues: 1. Whether Logan v. Country Oaks Partners LLC (2022) 82 Cal.App.5th 365 [review granted) can be reconciled with Hutcheson v. Eskaton Fountainvvoc„d Lodge (2017) 17 Cal.App.5th 937 (Hutcheson)? And if so, how? 2. Whether Hutcheson is distinguis...

Excerpt: ... hereby STAYED pending resolution of the arbitration proceeding. Code Civ. Proc. Sect. 1281.4. As a matter of public policy, California courts favor the enforceability of arbitration agreements. Code Civ. Proc. Sect. 1281.2 provides that upon a showing that the parties entered into a valid agreement to arbitrate, and that a party thereto has refused to arbitrate the controversy, the Court "shall" order the parties to arbitrate "unless it determin...

Excerpt: ...ction for Money Had and Received is GRANTED. EKA's Request for Judicial Notice is GRANTED. On reply, the Plaintiff submitted additional evidence in support of his Motion, to which Defendant objects. The Court, in making fts ruling, has not considered any of the new evidence submitted by Plaintiff on reply. Plaintiff's Supplemental Request for Judicial Notice, made for the first time on reply to accompany the new evidence discussed above, is DENIE...

Excerpt: ...pursuant to cal. code of Civ. Proc. S 430.10(e). These causes of action are time barred by the applicable statute of limitations under Code of Civil Procedure section 337(a), and therefore fall to state a claim upon which relief can be granted. The gravamen of Plaintiff's First Amended Complaint arises out of alleged overcharges on Plaintiff's real estate loan from Defendant Bank of America, in which Plaintiff received a misstated HUD-statement w...

Excerpt: ...ARTIES ARE TO APPEAR. The Stipulation provides that if Defendant Rene Michelle Costas ("Defendant") fails to make a payment, Plaintiff shall give written notice to Defendant and Defendant shall be allowed an additional 10 days from the date of the written notice to cure the default. (Mahfouz Decl., Exh. A, Stipulation 11.) Defendant is to provide written notice of any address change, or else the address in the Stipulation remains valid for Notces...

Excerpt: ...ainst the Property, Attempting to sell or dispose of the Property, Modifying the Property including purporting to 'improve' the Property, and Taking any further funds from the 536 Laidley Street Partnership Bank account." (Notice of Motion at 2:3-9.) However, the Court grants a preliminary injunction against Defendant Abel's accepting any offer to purchase the property at a price to which a majority of the partners does not agree. Defendant Abel,...

Excerpt: ...e of Civ. Proc. S 430.10(e). The Slome Decl. ISO Defendant's Demurrer indicates that counsel exchanged written correspondence in efforts to meet and confer. Slome Decl., 92. This does not satisfy the requirements Cal. Code of Civ. Proc. 5430.41(a) to meet and confer in person or by telephone. The Court, in its discretion, has reached the merits of the Demurrer. This action arises out of alleged elder abuse and breach of fiduciary duty related to ...

Excerpt: ...ferences that may be drawn from those facts." (Miklosy v. Regents of the University of Cal. (2008) 44 Cal.4th 876, 883.) The Court may "also consider matters that may be judicially noticed .. " (Brown v. Deutsche Bank Natl. Trust Co. (2016) 247 Cal.App.4th 275, 279.) he Court does "not, however, assume the truth of contentions, deductions or conclusions of law." (Guerrero v. Pacific Gas & Electric Co. (2014) 230 Cal.App.4th 567, 571.) Because the...

Excerpt: ...vil Procedure section 481.010, et seq.)] are subject to strict construction," and a court may not issue a writ of attachment unless authorized by those statutes. (Pacific Decision Sciences Corp. v. Superior Court (2004) 121 Cal.App.4th 1100, 1106.) under the Attachment Law statutes, an application for a writ of attachment must be based on a claim for breach of an express or implied contract. (Code Civ. Proc., S 483.010(a); Korea Water Resources C...

Excerpt: ...ASE SUMMARY The Complaint alleges that on January 7, 2020, Plaintiff Mary Jane Estacio (“Plaintiff”) entered into a warranty contract with Nissan regarding a 2018 Nissan Kicks (“vehicle”). Plaintiff attaches a copy of the express warranty to the Complaint. (See Defendants' Request for Judicial Notice, Exh. 1.) Plaintiff claims that the vehicle had defects and nonconformities to the warranty. Plaintiff delivered the vehicle to GSN for repa...