Excerpt: ...et forth below. Pizziconi shall fill an amended complaint no later than ten (10) days after service of notice of entry of this order. California Rule of Court 3.1320(g); Code of Civil Procedure § 472b. Bylkylov's Request for Judicial Notice is GRANTED. By this Demurrer, Bylkylov demurs to Pizziconi's Second Amended Complaint (the “SAC”) on the basis that the complaint as a whole and the second through fifth causes of action therein fail to s...

Excerpt: ... are minor. For instance, Plaintiffs violated California Rule of Court 3.1350(b). Others are more substantial and have hindered the Court in reviewing the motion. For example, both parties violated California Rules of Court 3.1350(d)(3) by, at times, by failing to cite to specific pages. Plaintiffs also incorporate by reference facts set forth in their motion to class certification without specifying all specific pages. Plaintiff provide hyperlin...

Excerpt: ... 2022 on the grounds of excusable neglect under CCP § 473(b). According to Mr. Bulaya, who is doing business as KJ Millworks, he did not file a timely response to the Complaint “due to the fact that he was unfamiliar with the United States legal system and he was also in an emotional state which was affected by the recent death of his father‐in‐law.” MPA, p.4. Defendants' motion is procedurally defective. Defendants have not attached a p...

Excerpt: ...ts' 10‐17‐22 Demurrer to Plaintiff Samantha Ai's 8‐30‐ 22 Complaint is SUSTAINED‐IN‐PART and OVERRULED‐IN‐PART, as set forth below. The Demurrer to the Second Cause of Action (breach of contract) is SUSTAINED with leave to amend, for the following reasons. First, the Complaint does not allege/identify whether Plaintiff's alleged 2017 contract with Shoreline Education, Inc. was oral or written. See Code Civ. Proc. Sect. 430.10(g). ...

Excerpt: ...cuments as Subject to Privilege (collectively, Motions) are DENIED as to document nos. 1 and 7‐11 on Defendant Nordstrom, Inc's Second Revised Supplemental Privilege Log (Privilege Log). The parties are ORDERED to appear to discuss document nos. 2‐6 on the Privilege Log. “The attorney‐client privilege, set forth at Evidence Code section 954, confers a privilege on the client ‘to refuse to disclose, and to prevent another from disclosing...

Excerpt: ...aving reviewed Plaintiff's Seventh and Eighth Amended Complaints and the discovery at issue, the Court finds that the Declarations in Support of Additional Discovery for Defendant's Request for Admissions (Set Three) and Special Interrogatories (Set Three) satisfy the requirements of Code of Civil Procedure sections 2033.050 (request for admissions) and 2030.050 (interrogatories). Specifically, Defendant Nordstrom, Inc. has met its burden of show...

Excerpt: ... that under the facts of this case, Martin‐Bragg v. Moore (2013) 219 Cal.App.4th 367 requires a stay of this proceeding because if Defendant is successful in Guichang Tian v. Microcredit Loan Fund, San Mateo Case No. 21Civ06731, Plaintiff will not have standing to prosecute this case. Plaintiff attempts to distinguish the case from this proceeding, pointing to the fact that the defendant in that case claimed title for himself while Defendants c...

Excerpt: ...rounds on which Defendant brings his motion, must be made “within a reasonable time, in no case exceeding six months” after judgment is entered. (Code of Civ. Proc. § 473(b).) Judgment for possession and judgment for damages were entered on December 19, 2014, and June 10, 2015, respectively. Defendant filed this motion November 22, 2022, more than six months after entry of both judgments. Further, Defendant's having filed a Motion to Tax Cos...

Excerpt: ...on as required for contract and business interference and failed to alleged an independently wrongful act as required for intentional and negligent interference with prospective economic relations. Order Sustaining Demurrer to Second Amended Complaint filed August 30, 2022. Plaintiffs have filed the Third Amended Complaint adding a cause of action for negligent misrepresentation and additional facts based, inter alia, on deposition testimony of D...

Excerpt: ...Allegations re Antitrust Plaintiff seeks to strike the portions of Defendant's FACC alleging that Defendant engaged in antitrust activity on the grounds that Defendant has not asserted an antitrust claim. Defendant responds that “The details of the alleged or believed antitrust constitute the factual pleading elements of her claims under the first, and second causes of action.” Opp., p.4. While Defendant has not alleged an antitrust claim, De...

Excerpt: ...reasons set forth below. 1st COA – Whistleblower Retaliation Plaintiff contends that Defendant cannot establish a claim for whistleblower retaliation in violation of Labor Code § 1102.5 because Defendant fails to allege facts establishing that she was subjected to an “adverse employment action.” In response, Defendant points to the allegation, at Paragraph 110 of the FACC, that “her prospective deals were not approved, she was denied the...

Excerpt: ...Court Case no. C19‐02458 filed November 26, 2019, and (2) a probate action titled In the Matter of the Estate of Raymundo Guzman Sr., San Mateo Superior Court Case no. 19‐PRO‐01521 filed December 9, 2019. Plaintiff brings this Motion pursuant to Code of Civil Procedure section 403 and Cal. Rules of Court Rule 3.500, contending that these actions share common questions of law and fact and that their coordination will promote the ends of just...

Excerpt: ... in the First Amended Complaint by Plaintiff Mary Helena Celine Joseph, individually and as successorin‐interest to Gryselda Joseph (“Plaintiff”), is SUSTAINED WITH LEAVE TO AMEND based on failure to allege facts sufficient to support this claim. The elements of a claim for negligent entrustment of a motor vehicle are: (1) that the driver was negligent in operating the vehicle; (2) that the defendant owned the vehicle or had possession of t...

Excerpt: ... Civil Procedure section 2030.290, subdivision (c) authorizes a court to impose various sanctions prescribed under Code of Civil Procedure sections 2023.010 and 2023.030 on a party who fails to obey a court order compelling responses to interrogatories. (Code of Civ. Proc., § 2030.290, subd. (c) [all further references are to the Code of Civ. Proc. unless designated otherwise].) Section 2031.300, subdivision (c) authorizes the same with respect ...

Excerpt: ...e Civ. Proc. Sect. 430.10(e). Defendants' 11‐1‐22 unopposed Request for Judicial Notice is GRANTED. Evid. Code Sect. 452(d). As to court‐filed documents, the court takes judicial notice of their contents and filing dates, but does not take judicial notice of the truth of statements/allegations therein. The Court notes that after this Demurrer was filed, Plaintiff dismissed all named defendants except for demurring party Walgreen Co. (12‐2...

Excerpt: ...d Mary Altube's Motion to Compel Responses to Written Discovery (Requests for Production of Documents (Set One), Requests for Admissions (Set One), Special Interrogatories (Set One), and Form interrogatories (Set One), served on or about May 12, 2022), to Deem the Truth of Any Matters Specified in the Requests for Admissions Admitted, and for Sanctions (Motion) is GRANTED pursuant to Code of Civil Procedure sections 2030.290, 2031.300, subdivisio...

Excerpt: ...‐Defendants' Request for Judicial Notice is GRANTED pursuant to Evidence Code section 452. As a threshold matter, it does not appear that Cross‐Defendants met and conferred with Defendant and CrossComplainant James Walsh as required by Code of Civil Procedure section 439, subdivision (a). Although CrossDefendants bring the MJOP under both the common law and Code of Civil Procedure section 438, the availability of a non‐statutory motion for ...

Excerpt: ...the amount of fees requested; and the Court finds the fee request to be inflated. Sahlbach repeatedly and successfully contested service of process by multiple motions to quash. No SLAPP motion to strike or other motion as to the pleadings was called for prior to the time that the Court granted the Plaintiff's request for service by publication, and publication was conducted. The only SLAPP motion was filed in April 19, 2022. The moving paper con...

Excerpt: ...action for conversion in the Second Amended Complaint, by Annie and Jeannie Hung, on the basis of Statute of Frauds is SUSTAINED WITHOUT LEAVE TO AMEND. This claim is based upon an alleged oral contract to either loan or provide as an investment the down payment on the house – which funds were given by Plaintiffs to Defendant voluntarily. Either way, such an agreement regarding real estate must be in writing, pursuant to civil Code sections 109...

Excerpt: ... for hearing of the motion is less than 30 days before the date of trial – January 11, 2023 – and Plaintiff has not sought or obtained a determination that there is good cause to hear the motion less than 30 days before trial. Accordingly, Plaintiff's motion is procedurally defective under Code of Civil Procedure § 473c. Robinson v. Woods (2008) 168 Cal.App.4th 1258, 1268. Defendant seeks sanctions based on Plaintiff's failure to withdraw th...

Excerpt: ...rd Amended Complaint (“TAC”). Plaintiff filed the amended complaints in response to demurrers and motions to strike filed by Defendants before the Court could rule on any of the motions. Finally the demurrers came before this Court for ruling and on November 1, 2022, the Court issued tentative rulings for Defendants Laikun Lei and Kei Leung's demurrer and motion to strike the Third Amended Complaint (“TAC”). The Court granted the joinders...

Excerpt: ...Notice (filed in support of DMARC Advisor's 4‐19‐22 Demurrer to Plaintiff's Complaint). CRC 2.550 states that “a court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prej...

Excerpt: ... Sect. 452(d)); GRANTED as to Exhibits C, D, E, and F (Evid. Code Sect. 452(f) and (h)); and DENIED as to Exhibits G and H. Plaintiff's 11‐29‐22 Request for Judicial Notice is GRANTED. Evid. Code Sect. 452(d). DMARC Advisor B.V.'s 12‐5‐22 Request for Judicial Notice is GRANTED. Evid. Code Sect. 452(f) and (h). The Demurrer to the Fourth Cause of Action (fraud by concealment) is OVERRULED. Code Civ. Proc. Sect. 430.10(e). DMARC Advisor cor...

Excerpt: ...rther Responses to Requests for Production of Document is DENIED AS MOOT and the Request for Sanctions GRANTED. By this Motion, Plaintiff Banc of America Leasing & Capital, LLC (“BALC”) sought to compel the further responses of Defendant and Cross‐ Complainant St Giab Inc. (“SG”) to a set of requests for production propounded by BALC on December 8, 2021. After the Motion was filed, SG served verified amended responses along with a privi...

Excerpt: ... not party to an arbitration agreement between purchaser and Dealer, when the Dealer brings a motion to compel arbitration. The Felisilda case does not, however, address the primary issue, which is whether the nonparty automobile manufacturer itself (rather than the Dealer) may bring a motion to compel arbitration. Ford cannot bring this motion. In Felisilda, the auto Dealer moved to compel arbitration. The court granted the motion, including the...