Excerpt: ...mur to the SAC's First, Second, Fourth, and Fifth Causes of Action (alleging “cancellation of instruments,” fraud, financial elder abuse, and violation of Bus. & Prof. Code Sect. 17200). The SAC generally alleges that the Luthra Defendants, together with the Love/Williams/Omega Defendants, participated in a fraudulent scheme/plan to damage Plaintiff by arranging a purchase of Plaintiff's Millbrae property in which (a) all Defendants would rec...

Excerpt: ... on failure to state facts sufficient to support this claim. Government Code section 835 provides for liability of a dangerous condition of public property by a public entity. First, the County asserts that Plaintiffs has not pled facts to support its liability under either section 835(a) or (b). Plaintiffs allege facts sufficient to support that the County had actual notice under section 835(b) to support this claim though. In order to sufficien...

Excerpt: ...ories (General), Form Interrogatories (Employment), and Special Interrogatories, filed 1‐27‐22, which includes a request for monetary sanctions against Plaintiff and Plaintiff's counsel, is GRANTED‐IN‐PART and DENIED‐IN‐PART, as set forth below. Defendant's requests for monetary sanctions is DENIED. Local Rule 3.700(f) states: Tolling of Deadline to File Motion. Pursuant to [CCP] 2016.080(c)(2), the time for bringing any motion to com...

Excerpt: ...were survivors of persons who were killed in Israel by members of Hamas. The plaintiffs alleged that Facebook was liable for “giving Hamas a forum with which to communicate and for actively bringing Hamas' message to interested parties.” Like Plaintiff Forrest, the plaintiffs in Force alleged that Facebook “does not act as a publisher,” because “it uses algorithms to suggest content to users, resulting in ‘matchmaking.'” The Court o...

Excerpt: ...irst Amended Complaint (“FAC”) by Plaintiffs Standard Fiber Investors, LLC (“SFI”) and Standard Fiber, LLC (“SF”), is ruled on as follows: (1) Before reaching the merits of this Motion, the parties disagree on whether Utah or California law applies to the claims alleged in the FAC. Defendants claim that Plaintiffs have admitted that Utah law controls with regard to ownership of the funds because the account is located in Utah, but Def...

Excerpt: ...provides compelling evidence contradicting Plaintiff's position regarding former Harmonize employee Sylvain Ntwali's alleged access of documents and information contained in Exhs. NN, OO, PP, and YY that Plaintiff claims as trade secrets in September 2021. Zhao Decl. at ¶¶49‐53. Additionally, the Cashman Decl., Exh. 1, casts a different light on the “Harmonize Sales Pipeline” document that Defendants maintain is evidence of improper acces...

Excerpt: ...ce of Administrative Hearings and Department of Developmental Services and Real Party in Inter Golden Gate Regional Center (“GGRC”), which denied that she was eligible for services under the Lanterman Developmental Disabilities Act. On February 4, 2022, Vivian filed her opening brief, on March 4, 2022, GGRC filed its opposition brief, and on March 21, 2022, Vivian filed her reply brief. The parties filed a Joint Submission of Record. PROCEDUR...

Excerpt: ...s. Claim preclusion arises if a second suit involves (1) the same cause of action (2) between the same parties (3) after a final judgment on the merits in the first suit. Finley and McGuire, California Summary Judgment and Related Termination Motions |August 2021 Update, § 2:63, citing Kim v. Reins International California, Inc. (2020) 9 Cal. 5th 73. It is undisputed that the California State Personnel Board (SPB) issued an order on December 13,...

Excerpt: ...a case by Plaintiff against Defendant and not the contents therein, which are hearsay in the present action. “The court cannot accept as true the contents of pleadings … in the other action just because they are part of the court record of file. Such documents are inadmissible hearsay in the present case.” Weil & Brown, Cal. Practice Guide, California Civil Procedure Before Trial (TRG 2021) ¶7:15.1, citing Day v. Sharp (1975) 50 Cal.App.3d...

Excerpt: ... the attorney's client and the third party, the disclosure must be reasonably necessary to achieve the purpose for which the attorney was retained, and the disclosure must have been with a reasonable expectation that the disclosed material remain confidential. 1. The Parties Must Have a Common Legal Interest. “Common interest” has never been defined, but cases imply that it means more than “common goal” or “common hope.” Instead, it m...

Excerpt: ... that “the Premises is not subject to the just‐cause nor relocation assistance requirements contained in Civil Code section 1946.2 because of Landlord's compliance under Civil Code section 1946.2(e)(8).” Complaint, Ex.2, p.1. According to Defendant, however, the Notice violates the Act because “Plaintiff has never provided Defendant with written notice that the Premises is exempt from the TPA,” as required under Civil Code § 1946.2(e)(...

Excerpt: ...proposed Cross‐Complaint is compulsory because the causes of action arise out of the same transactions or occurrences as the causes of action in the Complaint. (See C.C.P. § 426.10(c); see also ZF Micro Devices, Inc. v. TAT Capital Partners, Ltd. (2016) 5 Cal.App.5th 69, 82‐84.) The allegations in the proposed Cross‐ Complaint concern Plaintiff Mehrdad Elie's (“Plaintiff”) investment for which Defendants claim Plaintiff is improperly d...

Excerpt: ... 2023.030 BY DEFENDANTS HAYLEY ZEMEL AND ERIK VAN WALDEN TENTATIVE RULING: Defendants' unopposed motion to compel further responses to form interrogatories, special interrogatories, requests for admission, and requests for production is GRANTED, in part, and DENIED, in part, for the reasons set forth below. Defendants' motion to compel Plaintiff's attendance at an oral deposition is DENIED without prejudice to Defendants' ability to re‐notice P...

Excerpt: ...d have been filed as separate documents. (See Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before Trial (The Rutter Group 2021) § 7:162.1.) Therefore, Defendant is advised to do so in the future. The Demurrer to the Exemplary Damages Allegations is OVERRULED. Defendant contends the Exemplary Damages Attachment fails to state facts sufficient to constitute a cause of action. However, this Attachment only seeks additional damages (see Compl., Exempl...

Excerpt: ...te documents. (See Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before Trial (The Rutter Group 2021) § 7:162.1.) Therefore, Defendant is advised to do so in the future. The Demurrer to the Exemplary Damages Allegations is OVERRULED. Defendant contends the Exemplary Damages Attachment fails to state facts sufficient to constitute a cause of action. However, this Attachment only seeks additional damages (see Compl., Exemplary Damages Attachment) and...

Excerpt: ...stablishing that it is entitled to summary judgment. Plaintiff's Motion for Summary Adjudication to the open book account claim is GRANTED. Plaintiff presents evidence to establish all the elements of an open book account claim for $2,884.84. (See Plaintiff's Statement of Undisputed Material Facts nos. 1, 3, 4, 6, 7; see also Dorr Decl. ¶ 11.) Defendant Michael Delacruz failed to oppose this motion, and therefore fails to raise a triable issue o...

Excerpt: ...d March 21, 2022 has the Court making a finding that the Settlement was entered into in good faith pursuant to Code of Civil Procedure § 877.6, proposed order at 2, when the memorandum of points and authorities does not discuss any of the factors that the Court must consider under Tech‐Bilt, Inc. v. Woodward‐Clyde & Assocs. (1985) 38 Cal.3d 488, to find a good faith settlement. Background This is a PAGA and putative class action regarding ov...

Excerpt: ...teenth affirmative defense provides: “As a separate and affirmative defense, defendants contend that plaintiffs' complaint, each cause of action thereof and/or remedies sought are barred by the doctrine of estoppel.” SAA, ¶ 14. As noted by Plaintiffs, the answer must aver facts “as carefully and with as much detail as the facts which constitute the cause of action and which are alleged in the complaint.” Weil & Brown, Cal. Prac. Guide Ci...

Excerpt: ...dens recorded 1‐31‐22. As alleged in the Complaint and not disputed, BG purchased the property in foreclosure. Plaintiffs' Complaint does not name BG as a defendant. There is no allegation BG is related to the named defendants, or that BG engaged in any wrongdoing relating to the sale. BG is merely the buyer. BG intervened in the case for purpose of filing the present motion to expunge the lis pendens. The parties dispute BG's claimed status ...

Excerpt: ...eration fails to comply with section 1008 lacks merit. This is not a motion for reconsideration under Code of Civil Procedure section 1008, subdivision (a). It is a renewed motion under subdivision (b), which requires showing “what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.” (Code of Civ. Proc. § 1008, subd. (b).) In a...

Excerpt: ... Judicial Notice is GRANTED. (2) Demurrer to the First Cause of Action for Negligence, Second Cause of Action for Premises Liability and Fifth Cause of Action for Negligent Infliction of Emotional Distress by Jared is SUSTAINED WITHOUT LEAVE TO AMEND. Defendant demurs that these claims fail because Jared has not and cannot allege compliance with the Government Claims Act. (See Defendant's Request for Judicial Notice, Exh. A.) Jared concedes in op...

Excerpt: ...'s Second Amended Complaint on the grounds that Plaintiff has “padded the complaint with a meritless tort claim and an unjust enrichment claim based on Defendant's counsel's communications.” MPA, p.2. Defendant notes that, “From the date of October 26, 2020 forward, the [parties'] attorneys communicated exchanging their relative positions and settlement positions as to the disputed Employment Agreement and enforceability of the document and...

Excerpt: ...R REVOCABLE TRUST DATED JUNE 12, 2014 TENTATIVE RULING: Plaintiff's Motion to Compel Further Responses to Special Interrogatories is GRANTED in part pursuant to Cal. Code of Civ. Proc. § 2030.300(a). Defendants Saeed Amidi and Rahim Amidhozour are hereby ordered to produce further written, verified responses, without objections, to Special Interrogatories (Set One) number 16. Defendant Amidi, LLC is hereby ordered to produce further, written, ve...

Excerpt: ... 8.54(c) (“A failure to oppose a motion may be deemed a consent to the granting of the motion.”). With the possible exception of the Seventh Cause of Action (alleging fraud), all asserted claims (the First Cause of Action (professional negligence), the Second Cause of Action (negligence); the Third Cause of Action (breach of fiduciary duty), the Fourth Cause of Action (conversion), the Fifth Cause of Action (IIED), the Sixth Cause of Action (...

Excerpt: ...p.m. Nelson Goodell appeared on behalf of Plaintiff Laura Blue. Samantha Chugh and Terry Bates appeared on behalf of Defendants. Having considered all papers filed in support of and in opposition to the Motion, oral arguments of the parties, all testimony and evidence presented at the hearing, and all other pleadings and papers on file herein, the Court DENIES the Motion. I. LEGAL STANDARD “ ‘ “To secure summary judgment, a moving defendant...