Excerpt: .... Plaintiff does not dispute that the clerk accepted and filed Defendant's motion to quash in 20‐UDU‐00113 on January 5, 2021 and set the matter for a hearing on February 1, 2021. At the hearing on Defendant's motion to vacate default in this matter, Plaintiff's counsel contended that the clerk had notified Defendant that the motion to quash had been filed in 20‐ UDU‐00113. Notwithstanding this fact, however, no competent evidence was int...

Excerpt: ...�), and Defendant's Answer does not state facts sufficient to constitute a defense to the Complaint. Plaintiff appears to contend that Defendant's Answer is insufficient because it constitutes a negative pregnant, and therefore does not effectively deny the allegations in the Complaint. However, a negative pregnant is explained as when a defendant “makes the denial in the exact words of the statement [alleged in the Complaint], it is possible t...

Excerpt: ...equately pleads a negligence claim against Defendant Liang based on vicarious liablity. The TAC sufficiently alleges that Defendant Ma was Defendant Liang's agent and was acting within his authority at the time he allegedly committed the wrongful acts. Id., ¶15. The allegations show that Defendant Ma accepted “a $500 deposit for rent” from Plaintiff so that he could move in a couple of days early. TAC, ¶¶11, 21‐22. Despite this agreement...

Excerpt: ...efer to Equinix Services, Inc. as “PHI,” even though PHI or “Packet” is the company's prior name. PHI's motion to strike each of the SAC's causes of action asserted against PHI is DENIED. PHI merely references its arguments made in its concurrently‐filed Demurrer to the SAC, arguing that for the same reasons stated in the Demurrer, the Court should strike each cause of action asserted against PHI. PHI's argument that the SAC's claims ar...

Excerpt: ...nt's demurrer to the "entire SAC" on the ground of uncertainty is overruled. Defendant fails to provide any arguments as to why the first, second and third are uncertain. C. Defendant's demurrer to the third cause of action is sustained without leave to amend. The economic loss rule bars Plaintiff's claim. The economic loss rule allows a plaintiff to recover in tort when a product defect causes damage to "property other than the product itself." ...

Excerpt: ... as “PHI,” even though PHI, or “Packet,” is the company's prior name. As to the Third Cause of Action alleging breach of contract, the Demurrer is OVERRULED. Code Civ. Proc. Sect. 430.10(e). The SAC alleges PHI breached the “PHI Agreements” (9‐10‐19 Employment Agreement; Stock Option Grant Agreement; Packet Equity Incentive Plan) by failing to accelerate and immediately vest all of Plaintiff's PHI stock options when PHI constructi...

Excerpt: ...7) 3 Cal.5th 531.) And Plaintiff Fourth Amended Complaint (4AC) repeatedly identifies his wife as having been involved in the underlying facts. (See, e.g., 4AC, ¶¶ 19‐22, 28, 31, 36.) Plaintiff also expressly identified his wife in discovery responses as a witness. (See Lowe Decl., Ex. A [Plaintiff's response to Form Interrogatory No. 12.1].) Finally, Defendant appears to have a recorded telephone call between Ms. Olazabal and a Nordstrom Cus...

Excerpt: ...as a result of the events at issue in this action. (Ibid.) Defendants do not dispute that Plaintiff is 86 years old. Defendants, however, contend that Plaintiff has not submitted any evidence in support of his claim that his health requires a trial preference. Defendants assert that Plaintiff's counsel's declaration “should be disregarded by the Court as Counsel is not a medical expert.” Pursuant to Code of Civil Procedure section 36.5, howev...

Excerpt: .... (Evid. Code, § 452, subd. (d).) Defendant's Demurrers to the First, Second, Fourth through Eleventh, and Thirteenth through Fifteenth Causes of Action are SUSTAINED WITHOUT LEAVE TO AMEND. The defects in Plaintiff's First Amended Complaint (FAC) identified in the Court's May 23, 2019 Order sustaining Defendant's demurrer to these causes of action with leave to amend have not been cured by the SAC. The SAC is comprised of allegations that are, ...

Excerpt: ...ion 484.090, subdivision (a), a court “shall issue a right to attach order . . . if it finds all of the following: (1) The claim upon which the attachment is based is one upon which an attachment may be issued. (2) The plaintiff has established the probable validity of the claim upon which the attachment is based. (3) The attachment is not sought for a purpose other than recovery on the claim upon which the attachment is based. (4) The amount t...

Excerpt: ...rocured by extrinsic fraud or mistake. Moghaddam v. Bone (2006) 142 Cal.App.4th 283, 299. Defendant Michael Dilkey declares that he was never served with the operative First Amended Complaint and Amended Summons, either personally or by mail. A proof of service of the amended summons and complaint was filed on June 24, 2015, reflecting personal service on Mike Dilkey in the parking lot of his business on Lindbergh Street in Auburn by a licensed p...

Excerpt: ...int, the declaration of Paul Johnson indicates only that the parties communicated in writing. Although the declaration states that he parties spoke on the telephone, this conversation concerned the original complaint. CCP §430.41(a) provides that if an amended pleading is filed, the responding party shall meet and confer again before filing a demurrer to the amended pleading. Consequently, the hearing on the demurrer is continued to July 13, 202...

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...

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: ... Posting Bond indicating compliance with that order. The Court's reasoning as to the denial of the consolidation motion follows. "When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or de...

Excerpt: ...e claim for violation of Business and Professions Code section 17200, contending that Defendants WooSung Corporation and Yi unlawfully possessed and sold skate wing in violation of Fish and Game Code sections 2021 and 2021.5. (See Complaint ¶¶ 10, 12.) Yi demurs that the Complaint fails to allege facts sufficient to support his liability because Plaintiff seeks to hold him liable under the “Responsible Corporate Officer Doctrine” (“RCOD�...

Excerpt: ...o 10, Defendants. PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff, v. MARJORIE ANUNCIACION, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 19‐CLJ‐07347 [Joined with 18‐CLJ‐06667 and 19‐CLJ‐07387 solely for hearing on these motions] Assigned for All Purposes to Hon. Danny Y. Chou ORDER DENYING PLAINTIFFS' MOTIONS RE INFORMAL DISCOVERY CONFERENCES June 3, 2021 Law and Motion Calendar PAGE 6 Judge: ...

Excerpt: ...1.320, subd. (a) [authorizing motion “If a party filing a response to a demand for inspection . . . thereafter fails to permit the inspection . . . in accordance with that party's statement of compliance”].) Plaintiff seeks an order compelling Defendants to produce “unaltered” documents responsive to Plaintiff's Request for Production of Documents (Set One) (RPD) Nos. 5, 12, 13, 14, and 20. Defendants agreed in their original responses to...

Excerpt: ...ants attempted to meet and confer in good faith. Francis Decl., ¶¶ 2‐7. Further, following the parties' participation in an informal discovery conference, the Court authorized this motion to compel. 4/15/21 Minute Order. Plaintiff has placed his mental condition at issue due to his claim for intentional infliction of emotional distress and his assertion that he has experienced “grave emotional distress.” Compl. ¶¶ 97‐104. Plaintiff do...

Excerpt: ...Grayson's allegedly fraudulent representations renders the arbitration agreement unenforceable lacks merit. Plaintiff claims that Mr. Grayson fraudulently represented to him that the employment agreement was a “mere formality.” Though claims of fraud in the execution of the entire agreement are not arbitrable under either state or federal law (Rosenthal v. Great Western Fin'l Secur. Corp. (1996) 14 C4th 394, 416; Duffens v. Valenti (2008) 161...

Excerpt: ... of action, Plaintiff seeks a judicial declaration and injunction invalidating and enjoining enforcement of San Bruno Municipal Code Section 6.58.020, which bans marijuana distribution facilities, and San Bruno Municipal Code Section 3.18, which adds up to 10% tax on gross receipts of cannabis businesses operating within the City. He challenges these ordinances on the ground that they violate the First, Fourth, Fifth, and Fourteenth Amendments of...

Excerpt: ...intiff Serra Falk Goldman to Further Respond to Its Special Interrogatories, Form Interrogatories, and Requests for Production of Documents,” filed 1‐29‐21, is GRANTED‐IN‐PART and DENIED‐IN‐PART, as set forth below. Special Interrogatory No. 13 and Request for Production, Nos. 13‐14, 18‐27, 31, 33, 35, or 38. The parties dispute whether Commissioner Halperin authorized this motion to compel. As to these requests, after reviewing...

Excerpt: ...” is interpreted broadly to favor an award of attorney's fees to a partially successful defendant. Where a defendant obtains some benefits of a partially successful SLAPP motion, the defendant's fee recovery is normally reduced proportionately, but not denied entirely. Mann v. Quality Old Time Service, Inc. (2006) 139 Cal.App.4th 328, 340; ComputerXpress, Inc. v. Jackson (2001) 93 Cal.App.4th 993, 1017. However, a fee award is not required when...

Excerpt: ...ree that FCA is not a signatory to the arbitration agreement – which appears in a sales contract between Plaintiff and the nonparty seller, Putnam Automotive Inc. (Putnam). (Hanson Decl., ex. A.) As a result, FCA bears the burden of establishing standing to enforce that agreement. (Jones v. Jacobson (2011) 195 Cal.App.4th 15.) FCA has not met this burden. First, the express terms of the sales contract do not establish an agreement to arbitrate ...

Excerpt: ... Complaint (Motion) is GRANTED. In the Motion, Defendant seeks summary adjudication of the second through fifth causes of action in Plaintiff's Amended Complaint (PAC) based on the 26th affirmative defense in its Answer to the PAC. That defense alleges that Defendant has a vested right to use the property for its sewer line under Civil Code section 1009, subdivision (d). As explained below, the Court finds that Defendant has met its burden of est...