Excerpt: ...t South Bay Real Estate Commerce Group does not accept Plaintiff/Respondent MDIG's estimate of value. Therefore, the court must estimate the proper value. (Code of Civ. Proc. § 995.950, subd. (c).) Neither the moving nor opposing papers presents any admissible or reliable evidence concerning the present value of the Half Moon Bay property. MDIG offers a copy of records purportedly from the San Mateo County assessor's office, but tax assessors ar...

Excerpt: ...esponsive documents. It does not state whether Nordstrom agrees to produce all responsive documents in its possession, custody, or control, except those to which an objection is lodged. { See Code Civ. Proc. Sect. 2031.220}. Nordstrom shall serve a further response that complies with Sect. 2031.220. To the extent Plaintiff is arguing that certain document(s) Nordstrom promised to produce have not been produced, Plaintiff's remedy is a motion to c...

Excerpt: ... Defendant's Motion for Judgment on the Pleadings without leave to amend as to the First and Second Causes of Action in the Second Amended Complaint and made other rulings, which order Plaintiff seeks to have vacated. Plaintiff brings this unopposed motion to Vacate Judgment on the Pleadings, and to Set this Equity Action for Trial, or in the Alternative, to Enter Judgment in Favor of Plaintiff on the Second Cause of Action to Correct the Record ...

Excerpt: ... Defendant has not established that it cannot be held vicariously liable for its supervisory and administrative employees that allegedly knew about Molina's abuse, and are alleged to have still retained and inadequately supervised her. (See C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 865, 875.) (2) The motion to strike portion of paragraph 59 is GRANTED only as to the portion “while in the course and scope of employme...

Excerpt: ...ted that there is a right to privacy under the California Constitution, Article I, Section 1, the right is not absolute and can be waived. In this case, there is no question that Plaintiff has tendered his mental condition in this lawsuit and that Defendants are entitled to documents related to that issue. The issue presented before this Court is the scope of the production of a subpoena issued to Plaintiff's only disclosed healthcare provider wh...

Excerpt: ... W.R.C., a minor individual, by and through, guardian ad litem, Sonia Marisol Cruz, is ruled on as set forth below. The Court has considered, in full, Plaintiff's opposition brief, even though it exceeds fifteen pages and was untimely. California Rule of Court 3.1113(d),(g). Defendants have had an opportunity to respond to Plaintiff's opposition papers. Defendants' Request for Judicial Notice is GRANTED. See Munoz v. State of California (1995) 33...

Excerpt: ...he fourth cause of action for breach of the implied covenant of good faith and fair dealing. Plaintiff shall file and serve his First Amended Complaint (with proper exhibits attached) on or before July 23, 2021. In general, a demurrer can be used only to challenge defects that appear on the face of the pleading, including attached exhibits, or from matters subject to judicial notice. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. Here, the Complaint ...

Excerpt: ...cause any prejudice, but notifies the parties so that they know that any in person appearances before Judge Fineman will be in South San Francisco. The Demurrer of Defendant BBV Profit Sharing Plan (“Defendant”) to the Amended Complaint of Plaintiff Bernice Turner (“Plaintiff”) is ruled on as follows: Defendant's Demurrer to the First Cause of Action for Fraud is SUSTAINED WITH LEAVE TO AMEND based on failure to allege facts sufficient to...

Excerpt: ... Mateo based on the judicially noticed fact that the Police Department is a subsidiary department or division of the City. As in Defendants' briefing, Defendants City of San Mateo and Officer Andre Malott are referred to herein as City Defendants. City Defendants' unopposed Demurrer to the First Cause of Action for Intentional Tort in Plaintiff's Complaint, the only cause of action therein, is SUSTAINED with leave to amend pursuant to Code of Civ...

Excerpt: ... DENIED. Attorney's Fees Authorized by Contract The parties settled this matter following Plaintiff's acceptance of Defendants' CCP § 998 offer to compromise. The offer provided that Defendants would pay Plaintiff $160,000.00 “to resolve fully and finally all of the parties' respective claims against one another, exclusive of costs and fees.” McDonald Decl., Ex. P, p.2; McLennon Decl. ¶ 25. The offer also provided that Plaintiff “shall di...

Excerpt: ...f Action are OVERRULED. Demurrer to the fourth and fifth causes of action are SUSTAINED WITH LEAVE TO AMEND. The reasons for this ruling are set forth below. A. 1st and 2nd Causes of Action (Rescission). Demurrer is OVERRULED as to the 1st and 2nd causes of action (rescission). Service of the Complaint serves as the required notice and offer to restore benefits in this case. (Civ. Code § 1691; Wong v. Stoler (2015) 237 Cal.App.4th 1375, 1385‐1...

Excerpt: ...follows: (1) The Demurrer to the First Cause of Action for Tenant Relocation Assistance, Violation of Cal. Health and Safety Code 17975‐17975.2, is SUSTAINED WITHOUT LEAVE TO AMEND based on failure to allege facts sufficient to support this claim. Defendants demur on the ground that Plaintiff lacks standing to bring this claim because the allegations do not support that Plaintiff and Defendants had a landlord‐tenant relationship. In order to ...

Excerpt: ...o the First Amended Complaint (FAC) of Plaintiff Dategra, Inc. is SUSTAINED WITH LEAVE TO AMEND. 1. Plaintiff's First Cause of Action for Breach of Contract Against CSMC The demurrer to the first cause of action for breach of contract against CSMC is SUSTAINED WITH LEAVE TO AMEND. Plaintiff alleges that CSMC breached the parties' Collaboration Agreement by repudiating it on September 24, 2020, and by failing to perform under its terms on or after...

Excerpt: ... Provision In ruling on the Demurrer, the Court must first decide whether California or Colorado law applies to the causes of action at issue. (See Nedlloyd Lines B.V. v. Superior Court (1992) 3 Cal.4th 459, 462 (Nedloyd).) Paragraph 8.7 of the parties' agreement contains a choice of law provision – which states, in pertinent part, that “[t]he Contractor further agrees that any and all disputes arising out of or relating to this Agreement or ...

Excerpt: ...n the ground that Plaintiff failed to correctly add Parkview Produce, Inc. (PP Inc.) as the defendant instead of Parkview Produce, LLC (PP LLC) or to seek leave to file the FAC is overruled. Although Plaintiff should have added PP Inc. and stricken PP LLC from the complaint on October 2, 2019 rather than designate PP Inc. as a doe defendant, Defendant suffered no apparent prejudice. To the extent that Defendant may have been confused by Plaintiff...

Excerpt: ... requirements for service of process are not fulfilled. In the unlawful detainer context, a defendant may contest personal jurisdiction where the five‐ day summons specific to unlawful detainer actions is not supported by a complaint for unlawful detainer. Such instances are unusual and arise only where the summons is served alongside a complaint for a completely different cause of action (e.g., breach of contract) or a complaint that fails to ...

Excerpt: ... “all” responsive documents have been produced, and if not, why not. (Code of Civ. Proc. § 2031.230.) Categories 2, 6, 8: Granted. When a response states that a reasonable and diligent search has turned up no responsive documents, the response must “specify whether the inability to comply is because the particular item or category has never existed, has been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer...

Excerpt: ...equests for production were served on Plaintiff on August 10, 2020, along with electronically‐signed verifications. Plaintiff initially filed this motion to compel on October 8, 2020, after the 45‐ day deadline to file a motion to compel further responses to interrogatories and requests for production expired. C.C.P. §§ 2031.310(c), 2030.300(c). The 45‐day deadline is jurisdictional, and therefore the Court lacks authority to grant Plaint...

Excerpt: ...nd Cause of Action for breach of the implied covenant of good faith and fair dealing, the Demurrer is SUSTAINED WITH LEAVE TO AMEND. Code Civ. Proc. Sect. 430.10(e). The Complaint does not allege the existence of any contract between Plaintiff(s) and Defendants Treacy Group LLC, Kieran Treacy, and Kelly Treacy. Accordingly, it fails to state a cause of action against these three defendants for breach of contract and breach of the implied covenant...

Excerpt: ...g. Defendant's argument hinges on the assertion that Plaintiff's allegations in ¶11 of the Complaint create a factual basis for the SOL to begin running on August 22, 2018. That paragraph alleges: By letter dated August 22, 2018, BLUE SHIELD denied PLAINTIFF's claim for benefits under the Policy, citing lack of medical necessity despite BLUE SHIELD's receipt of extensive documentation evidencing PLAINTIFF's health care providers' determination o...

Excerpt: ...th of California, Inc., Aetna Health Management, LLC, and Aetna Life Insurance Company (collectively, Aetna) is GRANTED IN PART and DENIED IN PART 1. Defendants' Special Interrogatories (Set Three) Nos. 23‐27, Requests for Production (RFP) (Set Three) Nos. 1‐5 & Person Most Knowledgeable (PMK) Deposition As a threshold matter, the Court finds that Defendants' motion is timely as to the Special Interrogatories, RFPs, and PMK Deposition. The Mi...

Excerpt: ...ty to respond to new evidence presented by Defendant in its reply papers. (See Plaintiff's Suppl. Brief.) Having reviewed this new evidence and Plaintiff's Supplement Brief as well as all the other relevant pleadings filed by the parties in connection with this Motion and case, the Motion is denied. This is an employment discrimination case. Decedent Nick Theroux (Decedent) owned an auto repair shop. Gomez alleges that she worked at the shop begi...

Excerpt: ...nopposed Request for Judicial Notice is GRANTED. Plaintiff Skendzic Nenad's unopposed Request for Judicial Notice is GRANTED. In a previous action filed on July 18, 2017, Plaintiff asserted causes of action for negligence and tort of another against Defendants. Those causes of action alleged the same wrongdoing by Defendants that is alleged in this action. (See Request for Judicial Notice (RJN), ex. 1.) Plaintiff's previous causes of action again...

Excerpt: ...poenas Plaintiffs served on JPMorgan, Wells Fargo, BBVA USA regarding documents related to ERE, Mumba and Chartreuse Investments, Inc. (“Chartreuse”). Defendants filed two protective order motions. On November 17, 2020, Defendants filed the first motion seeking to quash service of the ERE subpoenas and one of the Mumba subpoenas and related relief. On November 17, 2020, Defendants filed the second protective order motion seeking to quash serv...

Excerpt: ...Fourteenth Cause of Action], and (4) Civil Conspiracy to Commit Fraud [Seventeenth Cause of Action]. Plaintiff's theory is that Mr. Crawford “failed to act with reasonable care and engaged in wrongful conduct when he did not exercise his due diligence prior to drafting the Second Set of testamentary documents. [Mr. Crawford] failed to confer with his client and determine his true testamentary intent.” Complaint, ¶ 73. Mr. Crawford contends h...