Excerpt: ...abandoned, and that claim for relief is DISMISSED. A plaintiff may move for summary judgment in an action if it is contended that there is no defense to the action or proceeding. (Code of Civ. Proc. 437c, subd. (a)(1). A Plaintiff meets its moving burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. (Id. sect. 437c, subd...

Excerpt: ...t repeats its tentative from the September 20 and November 1, 2022 hearing: The Hon. Nancy L. Fineman discloses that she received via regular mail a letter dated August 19, 2022 from Defendant to the Commission on Judicial Performance, which was not served on Plaintiff. The referenced attachments were not enclosed. The special motion to strike, filed by Cross‐defendant Portfolio Recovery Associates, LLC, is GRANTED as to the entire cross‐comp...

Excerpt: ..., Garcia et al. v. Citibank N.A., San Diego Superior Court Case No. 37‐ 2022‐00005196 (“San Diego case”, and Monasterio v. Citibank, N.A., San Mateo Superior Court Case No. 20Civ03650 (“San Mateo case”) should be coordinated pursuant to Code of Civil Procedure section 404 et seq. As a preliminary matter, the Court finds that the actions are complex. They are both wage‐andhour PAGA (Private Attorney General Action) cases. When simila...

Excerpt: ... privacy is the provision's central concern. (Hill v. National Collegiate Athletic Assn. (1994) 7 Cal.4th 1, 35.) In Hill, we established a framework for evaluating potential invasions of privacy. The party asserting a privacy right must establish a legally protected privacy interest, an objectively reasonable expectation of privacy in the given circumstances, and a threatened intrusion that is serious. (Id. at pp. 35–37.) The party seeking inf...

Excerpt: ...sed on: (1) an open book, (2) an account stated, (3) goods sold and delivered, and (4) an account extended. However, Plaintiff's memorandum of points and authorities in support of the motion attempts to demonstrate that Plaintiff has established claims for (1) an open book, and (2) an account stated. (MPA, p.5‐7; see also Proposed Judgment) Accordingly, because Plaintiff has addressed only two of its claims, Plaintiff has not demonstrated it is...

Excerpt: ...ty Center, Redwood City. As to the merits, by this motion, Defendant moves for relief from its default on primarily equitable grounds. A court has inherent equitable authority to vacate a default at any time for extrinsic fraud or mistake, even when statutory relief is unavailable. (Luxury Asset Lending, LLC v. Philadelphia Television Network, Inc. (2020) 56 Cal.App.5th 894, 910.) A defendant seeking relief from its default must show generally al...

Excerpt: ...ining objections are OVERRULED. A party may move for summary adjudication of as to one or more claims of damages if the party contends that there is no merit to the claim. Cal. Code of Civ. Proc. §437c(f)(1). A defendant has met his or her burden on summary judgment of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action cannot be established. Cal. Code of Civ. Proc. §437c(p). Once...

Excerpt: ...roc. Sect. 438. Legal standard for MJOP. The grounds for an MJOP must appear on the face of the challenged pleading or be based on facts the court may judicially notice. Code Civ. Proc. Sect. 438(d); Tung v. Chicago Title Co. (2021) 63 Cal.App.5th 734, 758‐759. An MJOP assumes that all facts pleaded in the complaint are true, no matter how improbable. Serrano v. Priest (1971) 5 Cal.3d 584, 591; CrossTalk Productions, Inc. v. Jacobson (1998) 65 ...

Excerpt: ... and Second Cause of Action for Negligent Misrepresentation is OVERRULED on the ground that these claims are preempted by the Railway Labor Act (“RLA”) because they arise under or require interpretation of the collective bargaining agreement (“CBA”) between United and Defendant Association of Flight Attendants‐CWA, AFL‐CIO (“AFA”). The Court previously overruled United's Demurrer on this same ground as to the First Amended Complai...

Excerpt: ...3rd COA for Fraud or Non‐Disclosure; 4th COA for Fraud – Intentional Misrepresentation; 5th COA for Fraud – Negligent Misrepresentation As in the case of Defendant Snowflake's Demurrer, these fraud causes of action do not state a claim for relief. Taking Plaintiff's allegations as true that Defendants had decided to hold an IPO, knew that the IPO would increase the price per share, and withheld the information from Plaintiff in order to ind...

Excerpt: ...Standard On a demurrer, the Court must “assume the truth of the facts alleged in the complaint and the reasonable inferences 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.) The Court does “not, however, assume the truth of co...

Excerpt: ... Association's Demurrer to Plaintiff's Complaint—which is incorporated herein—the MJOP is DENIED as to Plaintiff Brian Peagler's first cause of action under the Unruh Act but GRANTED WITH LEAVE TO AMEND as to his remaining causes of action. If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for the Individual Defendants shall prepare a written order consistent with the Court's ruling for the Co...

Excerpt: ...The Gearings move to compel further responses to the 104 requests for production (RFPs) contained in Defendant Thomas Gearing's Request for Production of Documents, Sets One and Two (Thomas Gearing Set One and Set Two), and Defendant Daniel Gearing's Request for Production of Documents, Set One (Daniel Gearing Set One). The Gearings served the sets of RFPs on Plaintiff and Cross‐Defendant City of Half Moon Bay (City) on April 26 and May 24, 202...

Excerpt: ...he First Amended Complaint on or before February 10, 2023. Defendant Peninsula Corridor Joint Powers Board demurs to Plaintiffs' First Amended Complaint on the grounds that the first, second, and fourth causes of action, which allege negligence against Defendant, “are fatally divergent from the tort claims they submitted to Defendants.” According to Defendant, “Plaintiffs' FAC completely altered the factual landscape vis‐a‐vis PCJPB. Th...

Excerpt: ... Sect. 430.10(e). First Cause of Action (“Violation of Due Process: 42 U.S.C. 1983”) As to First Cause of Action alleging a “Violation of Due Process: 42 U.S.C. Sect. 1983,” the Demurrer is SUSTAINED. Code Civ. Proc. Sect. 430.10(e). First, Plaintiff's Opposition does not appear to meaningfully address this cause of action, or respond to Defendants' contention that the claim is time‐barred. Instead, the Opposition appears to focus solel...

Excerpt: ...asons set forth below. As a preliminary matter, the exhibits filed in support of this motion fail to comply with California Rules of Court rule 3.1110(f)(4). All future exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit. Failure to properly bookmark exhibits may result in rejection of the filing or continuance ...

Excerpt: ...s of fraudulent concealment with sufficient specificity and therefore may not recover punitive damages. According to Defendant, “As outlined in AHM's demurrer (filed concurrently with this motion to strike), the fraudulent concealment claim is barred for a myriad of reasons, including that AHM did not owe a duty of disclosure as a matter of law and the claim is barred by the Economic Loss Doctrine.” MPA, p.3. Defendant asserts that “Because...

Excerpt: ... defective because none of the supporting medical/hospital records or the depositions transcripts is properly cited. Dr. Kao's Separate Statement, and the 10‐21‐22 Declaration of Dr. Marcus, both repeatedly cite to decedent's medical records, and to portions of deposition transcripts. (See Exhibits to the 10‐21‐22 Kanter Declaration). But none of the medical records or transcripts is properly cited. Code Civ. Proc. Sect. 437c(b)(1) (the S...

Excerpt: ...ction for fraudulent concealment on the grounds that Defendant did not have a duty to disclose material facts relating to the alleged sensing defect. According to Defendant, it did not have a duty of disclosure because it did not have exclusive knowledge of the alleged defect and because there was no direct transaction between the parties. A failure to disclose can constitute actionable fraud in four circumstances: (1) when the defendant is in a ...

Excerpt: ...e First Cause of Action for Intentional Misrepresentation, Second Cause of Action for Negligent Misrepresentation, Third Cause of Action for Interference with Economic Advantage and Opportunity, and Fourth Cause of Action for Intentional Interference with Contractual Relationship is OVERRULED on the ground that the collective bargaining agreement (“CBA”) between Defendant and United Airlines, Inc. (“United”) governs these claims such that...

Excerpt: ... or by telephone due to delays caused by injuries to Plaintiff's counsel. The Court, in its discretion, has opted to reach the merits of the Demurrer. Basis for Defense on Face of Pleading Defendant argues that Plaintiff's statements in Plaintiff's March 2, 2021 letter, attached as Exh. B to the First Amended Complaint, that his Senior Inspector position was temporary, create a bar to recovery because they contradict the allegations that Plaintif...

Excerpt: ...ment is denied because the Motion addresses only the open book account claim, even though Plaintiff alleges other common count claims in the Complaint. Therefore, Plaintiff has not met its initial burden of establishing that it is entitled to summary judgment. 2. Summary Adjudication Summary adjudication of Plaintiff's open book account claim is denied without prejudice because Plaintiff has not met its initial burden establishing that Defendant ...

Excerpt: ... set forth in Code of Civil Procedure section 366.2. According to Defendant, “[b]ecause this action is based ‘on a liability of the decedent', i.e. Andrew Goldstein, C.C.P. section 366.2 was triggered upon Andrew's death. HSBC had one year from Andrew's death to bring its action and HSBC alleged that Andrew died on November 18, 2014. (FAC, ¶18.) The action is therefore barred by C.C.P. section 366.2.” The Court of Appeal, however, already ...

Excerpt: ...D IN PART and SUSTAINED IN PART WITH LEAVE TO AMEND. Defendants' Evidentiary Objections are OVERRULED. Defendants' Request for Judicial Notice (RFJN) of the Facebook Memorial Page is DENIED. The RFJN is GRANTED in all other respects. 1. Legal Standard On a demurrer, the Court must “assume the truth of the facts alleged in the complaint and the reasonable inferences that may be drawn from those facts.” (Miklosy v. Regents of the University of ...

Excerpt: ...man”), Gail Suzanne Marie Teymourian, and2700 Middlefield Road LLC (collectively “Plaintiffs”) is DENIED. Procedurally, the Court notes that Plaintiffs' memorandum filed in support of the ex parte application and OSC is in excess of the fifteen‐page limit. (See Cal. Rules of Court Rule 3.1113(d).) Therefore, Plaintiffs are cautioned to comply with the page limit requirement in the future, or else the Court may not consider the entirety of...