Excerpt: ...ndant argues that the amount awarded by the default judgment exceeds the amount sought by Plaintiff's Complaint. Taking judicial notice of the Complaint filed August 14, 2008 as a record of this Court pursuant to Cal. Evidence Code §452(d), it seeks damages in the principal sum of $ 16,918.02, plus interest thereon at the rate often percent (10%) per annum from October 19, 2007, and reasonable attorney's fees and costs. These damages pleaded in ...

Excerpt: ...aintiff's first cause of action. Plaintiff has explicitly pleaded violation of Civil Code Sections 2924 et seq. Plaintiff is not seeking to enforce Civil Code Section 2924m as a private cause of action – on the contrary, Plaintiff is alleging that Section 2924m does not apply; and it is Defendant that is asserting application of Section 2924m. Plaintiff has adequately alleged that Plaintiff was the highest bidder at auction, and entitled to the...

Excerpt: ...o the Complaint is SUSTAINED WITH LEAVE TO AMEND as to the cause of action for breach of oral contract, and is otherwise OVERRULED. Defendant's Request for Judicial Notice is GRANTED as to Exhibits B, C, D, E, F and H. The Court may take judicial notice of the existence of judicial opinions and court documents, along with the truth of the results reached, in the documents such as orders, statements of decision, and judgments, but it cannot take j...

Excerpt: ...ense counsel's declaration. However, it appears to the Court that the issues regarding “Enhanced Remedies—Willful Misconduct” and the unfinished sentence in paragraph 68 should have been resolved in a meet‐and‐confer process. It appears to the Court that the section entitled “Enhanced Remedies— Willful Misconduct,” which starts at paragraph 69 of the Complaint is meant to be an additional cause of action for intentional conduct. T...

Excerpt: ...ity”) is illegally collecting a Utility User Tax because the City Council failed to make the findings every two years required by the measure which enacted the tax that the utility tax is necessary for the financial health of the City. On calendar are multiple dueling motions regarding the scope of discovery, specifically depositions, that plaintiff may take in this case. Plaintiffs have filed motion to compel certain depositions and the City h...

Excerpt: ... Settlement is tentatively ruled upon as follows. This Court GRANTS preliminary approval of the Settlement as set forth in the First Amended Joint Stipulation and Settlement Agreement attached as Exhibit 4 to the Declaration of David Bibiyan (“Bibiyan”). On February 3, 2022, this Court filed a written order denying preliminary approval without prejudice and identified issues that the Court wanted addressed. On March 7, 2022, Plaintiffs filed ...

Excerpt: ...prejudice and has not misled the other side, even if the request is delayed, the liberal policy of allowing amendments prevails and it is an abuse of discretion to deny leave in such a case even if sought as late as the time of trial. Higgins v. Del Faro (1981) 123 Ca1.App.3d 558, 564‐565. “The policy favoring amendment is so strong that denial of leave to amend can rarely be justified: ‘If the motion to amend is timely made and the grantin...

Excerpt: ...Orders Determining Claims of Exemption and Order to Liquidate Securities, is DENIED. Plaintiff fails to establish that the Renewed Judgment is void. Plaintiff contends that the Renewed Judgment entered on August 18, 2021 is void because it was not entered within ten years of the Judgment. Plaintiff claims Judgment was entered on August 12, 2011. As support, Plaintiff relies on a comment entered in the Court's docket on August 12, 2011 that judgme...

Excerpt: ...., Plaintiff's Statement of Additional Disputed Facts (“PF”), Nos. 20, 36‐38, 59, 62, 65‐66, 83‐91, 98. Summary judgment standard. A motion for summary judgment shall be granted if all the papers submitted show there is no triable issue as to any material fact and the moving party is entitled to judgment as a matter of law. Code Civ. Proc. Sect. 437c(c). A defendant has met its burden of showing that a cause of action has no merit if th...

Excerpt: ...ependent claim in California for unjust enrichment. Unjust enrichment is synonymous with restitution. Levine v. Blue Shield of Calif. (2010) 189 C.A.4th 1117, 1138. The Demurrer is therefore SUSTAINED with leave to amend as to the eighth cause of action for unjust enrichment. Fraud Defendant argues that fraud is not pleaded with sufficient specificity because “Completely absent from the allegations are any affirmative statements made by Defenda...

Excerpt: ...ent. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 21‐CIV‐04140 Assigned for All Purposes to Hon. Danny Y. Chou ORDER DENYING PETITION FOR REVIEW Petitioner Savannah J. Phillips was arrested for driving under the influence of alcohol (DUI). (Administrative Record (AR) 61.) Following an administrative hearing in which Phillips presented evidence, the Department of Motor Vehicles (DMV) suspended her driver's license. (AR 3.) Phillips then filed this Peti...

Excerpt: ...ant to a Retail Installment Sales Contract (Contract). (Keithly Decl., ¶ 2 & ex. A.) The only signatories to the Contract are Sunnyvale Ford and Plaintiff. (See id., ex. A.) Neither FMC nor Towne, which attempted to repair the vehicle as FMC's representative, is a signatory. (Ibid.) The Contract contains an arbitration provision, which states in relevant part that: “Any claim or dispute, whether in contract, tort, statute or otherwise (includi...

Excerpt: ...nce per se, and a survival claim. Plaintiff also seeks to add Vaishali Bhardwaj as a defendant. According to the declaration of Plaintiff's counsel, further investigation revealed additional facts relevant to the Complaint after counsel substituted into this case in September 2021. Sachs Decl., ¶ 4. Requests to amend are to be liberally granted. Nestle v. City of Santa Monica (1972) 6 Ca1.3d 920, 939. When amendment would not prejudice and has n...

Excerpt: ...cal Rule 3.403 for the April 19, 2022 hearing. The Court SUSTAINS without leave to amend Defendant Twitter, Inc.'s demurrer to the complaint. The Court GRANTS Defendant's Request for Judicial Notice: Pursuant to Evidence Code §452(d), the Court may take judicial notice of court records, but only as to the fact that these documents were filed in the federal court in a case by Plaintiff against Defendant and not the contents therein, which are hea...

Excerpt: ...e motion to compel Plaintiff to sign a release authorizing production of cell phone records on October 15, 2020. Yakubova Decl., ¶3. Plaintiff argues that while the parties did attend an IDC, that was for disclosure of records for Plaintiff's phone number (650) 518‐ 4905, and did not concern the release of records associated with the phone numbers which are subject to the present motion, [650‐630‐7711; 650‐ 267‐9474; 650‐278‐0531; ...

Excerpt: ...Court's task is to determine whether the Certificates (under seal) contain “one or more facts corroborative of one or more of the charging allegations against a defendant or defendants . . . .” (Code of Civ. Proc. § 340.1, subd. (m)(1).) Plaintiff's Certificate of Corroboration as to Defendant Doe 2 sets forth facts describing Plaintiff's attendance at Doe 1 recreational activities, where Plaintiff was supervised by Doe 2. The Certificate de...

Excerpt: ...NED WITHOUT LEAVE TO AMEND. Defendants demur to the Second Cause of Action for Tortious Interference with Contractual Relations and the Third Cause of Action for Intentional Interference with Prospective Economic Advantage on the ground that Plaintiff failed to state facts sufficient to support a claim. The Court agrees. “California recognizes a cause of action against noncontracting parties who interfere with the performance of a contract. ‘...

Excerpt: ...ments or the matters asserted therein, pursuant to Evidence Code section 452(h). First, Defendants fail to establish that the Complaint is barred by the statute of limitations under Commercial Code section 3118(b). This statute of limitations provides that “if demand for payment is made to the maker of a note payable on demand, an action to enforce the obligation of a party to pay the note shall be commenced within six years after the demand.�...

Excerpt: ... against Defendant Social Concepts Inc. is GRANTED. The Court GRANTS Plaintiff's and Defendant's Requests for Judicial Notice. Document Request Defendant has withdrawn its attorney‐client and work product objections. Declaration of Donald F. Drummond in Opposition to Motion to Compel and in Support of Motion for Protective Order ¶ 3. The Court overrules the objection that the request seeks documents that are not material or reasonably calculat...

Excerpt: ... about January 10, 2022. Plaintiff American Express Bank's Motion for Summary Judgment, filed 1‐11‐22, is GRANTED. Code Civ. Proc. Sect. 437c. Plaintiff's alternative Motion for Summary Adjudication is therefore DENIED AS MOOT. Having reviewed the parties' briefing and evidence, the Court finds that Plaintiff met its initial burden of presenting evidence demonstrating that Defendant Lilia Rodriguez: (a) entered into a credit card agreement wi...

Excerpt: ...) First, the court determines whether plaintiff may bring the action and force the claimants to interplead. (Id. at 1126‐1127.) Second, if it is so determined, then the court discharges plaintiff and then determines the rights of the various claimants to the property deposited with the court. (Id. at 1127.) Plaintiff presents evidence to support that it is a mere stakeholder that has no interest in the $64,500 funds that it seeks to interplead,...

Excerpt: ...ded $900 in filing fees from San Mateo Superior Court Case No. 19PRO00851 (hereinafter, the Probate Action). Defendant provides no authority to support an award of costs incurred in the Probate Action in this independent civil action. Indeed, nothing, including this Court's ruling on this Motion, appears to preclude Defendant from seeking these costs in the Probate Action, and Defendant does not argue otherwise. Therefore, the $900 in costs incur...

Excerpt: ...o a party in time to defend against the action and a default has been entered. (Code Civ. Proc., § 473.5.) Defendant's motion under this section has been timely brought. (See id., § 473.5, subd. (a).) Defendant also establishes that his lack of actual notice was not based on his avoidance of service or inexcusable neglect. (See Def. Decl.) Defendant has therefore established that he is entitled to relief under Code of Civil Procedure section 47...

Excerpt: ...ving reviewed the parties' briefing, the Court finds Plaintiff's meet and confer efforts have been sufficient and therefore addresses the merits of their discovery dispute. As to Special Interrogatory No. 14, the motion is GRANTED. That Interrogatory asks GM to identify the persons who performed warranty repairs on Plaintiff's vehicle. While the service advisors identified by GM appear to be responsive and helpful, the identity of the service tec...

Excerpt: ...tion to strike the “conspiracy” allegations from the SAC, Para. 50 and 51, is DENIED. The motion argues the conspiracy allegations are improper because the SAC does not properly plead fraud or elder abuse against the Luthra Defendants. It also argues the Luthras owed no “duty” to the Plaintiff, and therefore, cannot be held liable for “conspiracy.” The authority cited for that proposition, however, appears distinguishable. The Court i...