Excerpt: ...ETITION FOR WRIT OF MANDATE AGAINST RICARDO LARA AS COMMISSIONER OF THE CALIFORNIA DEPARTMENT OF INSURANCE (PART 2 OF 2, FOR TENTATIVE RULING PURPOSES ONLY) For the 9:30 a.m. Law & Mohon calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services,' navigate to "T...

Excerpt: ...y is pled. The complaint says defendant photographed private areas of plaintiffs' home from a neighbor's property without permission from anyone. It is also pled that one of defendant's photos included a window of plaintiffs' minor children and that he "had been researching the læation of [the] children s bedroom." Defendant used one photo of plaintiffs' home in an unsuccessful "discretionary review application" he filed with the city planning c...

Excerpt: ...court accepts plaintff's late-filed opposition. Defendant was not prejudiced and substantively responded to the late filing. Plaintiff alleges a sufficient relationship between plaintiff and defendant for the concealment claim. (Dhital v. Nissan N. Am. Inc. (2022) 84 Cal.App.5th 828, 844 [allegations that plaintiff purchased vehicle from Nissan dealership, that Nissan issued a warranty, and dealership was agent of Nissan were suffcient to show re...

Excerpt: ... The attorney-client relationship was governed by the attorney representation agreement (ARA) attached to the complaint. Most of defendant's demurrer arguments are based on her notion that the ARA had to be modified for plaintiffs interpretation of it to prevail. Plaintiffs, on the other hand, insist no modification was needed or occurred. If, as here, a contract is attached to a complaint, plaintiffs interpretation must be accepted as correct on...

Excerpt: ...TED. The court orders plaintiffs individual PAGA claim to arbitration and stays his representative PAGA claim pending arbitration per Code of Civil Procedure section 1281.4. The main point of dispute is the issue of a stay. The court finds the individual and representative PAGA claims both require resolution of the "aggrieved employee" question. (See Lab. C. , 2699(c).) On the issue of whether a stay is necessary, Jarboe v. Hanlees Auto Group (20...

Excerpt: ...nt adult causes of action. (Opp. 2:S_) Therefore: the demurrer is unnecessary as to those causes of action. (Opp. 2:8_) Intentional infliction of emotional distress ("llED"): To state a claim for IIED: "a plaintiff must show. (1) outrageous conduct by the defendant; (2) the defendant' s intention of causing or reckless disregard of the probability of causing emotional distress; (3) the plaintiffs suffering severe or extreme emotional distress: an...

Excerpt: ...ve order re Thoits Law discovery on plaintiffs' ability to pay arbitration fees and costs" is denied. Ordered to arbitrate their dispute with Thoits, plaintiffs seek to avoid arbitration by asserting indigency. Thoits doubts plaintiffs' claims and has propounded financial circumstances discovery against which plaintiffs seek the protective order. But such discovery is authorized by Aronow v. Sup. Ct. (2022) 76 Cal.App.5th 865, 884, a case factual...

Excerpt: ...e, to whom, and by what means the representations were tendered." (Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 73.) After that is pled, the court may be able to reach the parties' arguments. Demurrer sustained with leave to amend. 2: Negligent Misrepresentation. The same alleged representations are at issue here (Cmplt. 7:6-11), so the ruling is the same - demurrer sustained with leave to amend. 3: Breach of Contract. Unlike fraud, this claim...

Excerpt: ..."with adequate information and instructions to exercise his option rights." (ld. at 5:8-10.) Defendant's arguments to the contrary rely on its spin of documents of which it seeks judicial notice. However, defendant "disputes the authenticity and applicability of the unsworn documents" (Opp. 1:28.) and their contents are not subject to judicial notice in any event. (Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 114-15 [...

Excerpt: ...nes (collectively Restaurant) judgment on the pleadings as to the first amended complaint (FAC) is denied in part and granted in part. Richard Cibotti adequately pleads slander and false light against the Restaurant. The FAC alleges, inter alia, that Restaurant employees falsely "orally identif[ied]" Richard as the man who made "threats to kill a family and their young children" at the Restaurant. (ld. at 5:3-24.) Contrary to the Restaurant's arg...

Excerpt: ... profits from the unauthorized rental of his home by third parties also named in this action. Plaintiff first asserts a claim for conversion, alleging that Defendant failed to comply with an Eastern Caribbean Supreme Court order to the place the rental income of his home into an interest bearing account and that it acted as an agent of the other defendants to wrongfully exercise control of Plaintiff's property. (4AC, 6:27-28, 7:1; Ex. A). Plainti...

Excerpt: ...her based on her sex. FAC 6. Payrovi alleges that the most recent act of discrimination occurred "at some date after April 26, 2018" when Dolby closed fts investigation of her complaint and refused to hire her into a permanent position. ld. at 15. Payrovi filed a pre-form inquiry with the DFEH on March 14, 2019, and her verified complaint on March 17, 2020 ld. at 37, 41. Dolby argues that the FAC is barred by the one-year statute of limitations o...

Excerpt: ...dants*** Complete tentative ruling sent to the parties via e-mail. Granted. The stay extends only to the moving parties here. Defendants (referred to as Kaiser here) petition to send the claims against them to arbitration. Plaintiff Garza does not argue that there is no arbitration agreement, or that he is not bound because he didn't agree to it or did not sign it. He does say he dæsn't recall signing the agreement, but this is nota basis on whi...

Excerpt: ...rvice demonstrates that it properly served Plaintiffs. As to the survival claims under Decedent's personal injury action, dismissal is mandatory under C.C.P. secton 583.360. After commencing the achon against Defendant in 2014, and accounting for tolling during appeal, Plaintiffs failed to bring the achon to trial within five years and six months under C.C.P. section 583.310 and C.R.C. emergency rule IO(a). After the filing of remittitur by the c...

Excerpt: ...iled by Defendant. Reply filed by Plaintiff Plaintiffs have shown an exceptional circumstance of the deteriorating health of designated expert: Charles Ayz from a terminal disease for the Court to permit the motion to be made under C.C.P. section 2034.610(b) after the expert discovery cutoff date. (Morse Decl. parm 6.) All four conditions are satisfied for the Coun to grant leave to augment under CCP section 2034_620_ Pursuant to CCP section the ...

Excerpt: ...A to Defendant's Index of Exhibits. The Court considered Exhibits B (Plaintiffs Responses to Standard Interrogatories) and Exhibit C (relevant portions of the Deposition Transcripts ofPlamtiff William Frayne) to Defendant's Index of Exhibits submitted in support of the motion. The Coult sustains Plaintiff s objections to Exhibits D through H (relevant portions ofthe Deposition Transcripts of George Kirk: Defendant's Corporate Representative) on l...

Excerpt: ...Rules of Court, rule 3.1702(c). Government Code section 12965(b) has no application to this motion. Section 12965(c)(6), however, provides, "In civil actions brought under this section, the court, in its discretion, may award to the prevailing party, including the department, reasonable attorney's fees and costs, including expert witness fees, except that, notwithstanding Section 998 of the Code of Civil Procedure, a prevailing defendant shall no...

Excerpt: ...ded Complaint And For Entry Of Judgment Defendant Singer's motion to strike the second amended complaint is granted without leave to amend. The filing is "improper" within the meaning of CCP 436(a). First, plaintiffs did not comply with this court's order of January 18, 2023, and they missed the filing deadline for the amended pleading by several weeks without sufficient explanation. (CCP 438(h)(4)(A) ["If an amended complaint is filed after the ...

Excerpt: ...hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation: the hearing will proceed before the Judge Pro Tem who will decide the motion the same authority as a Superior Court Judge. If a party appears by telephone: the stipulation may be signed via fax or consent to sign given by email. If not al...

Excerpt: ...rbitration and stay action is granted. under Gamboa v. Northeast Community Clinic (2021) 72 Cal.App.5th 158, 165, Defendants have met their burden by the preponderance of the evidence to show that Plaintiff consented to its terms of service. (See Vasquez Decl.) The controlling arbitration agreement at the time ofthe incident was the 2016 Terms of use. (See Vasquez Decl., Ex. E.) The arbitration agreement within the terms of use delegates "that an...

Excerpt: ...s "personnel management actions,' but our supreme court holds that such actons "can also have a secondary effect of communicating a hostile message" and thus support a FEHA harassment claim. (Roby v. McKesson Corp. (2009) 47 Cal.4th 586, 709.) Also, defendants concede the FAC pleads six non-personnel management actions in less than three years, disparaging plaintiffs national origin and sex. (Memo. 4:3-14.) The FAC also adequately pleads defamati...

Excerpt: ...ts And Request For Entry Of Judgment (PART 1 OF 2) 8MlNUTENERGY US INVESTOR LLC, 8MlNUTENERGY US INVESTOR 2 LLC, AVANTUS LLC (F/K/A 8 MINUTE POWER LLC)'s motion to confirm arbitration award is granted. "Unless a statutory basis for vacating or correcting an award exists, a reviewing court 'shall confirm the award as made."' (Corona v. Amherst Partners (2003) 107 Cal.App.4th 701, 705 (quoting CCP 1285). There is no basis to vacate the award and th...

Excerpt: ...led to relief under CCP 683.170 from renewal of the judgment. (Fidelity Creditor Serv., Inc. v. Browne (21%1) 89 CA4th 195, 199, 105.) A judge may vacate the renewal on any ground that would be a defense to an action on the judgment, including the ground that the amount of the renewed judgment is incorrect. (CCP 683.170(a)). Here, Defendant fails to raise any meritorious defense, such as providing a reason why the money is not owed to Plaintiff (...

Excerpt: ...r the action is commenced. (CCP sectons 583.210, 583.250; see also Edmon & Karnow, CALIFORNIA PRACTICE GUIDE: CIVIL PROCEDURE BEFORE TRIAL 11:51 (Rutter: 2022).) Plaintiff Charles Li filed the First Amended Complaint on 02/04/2019. Plaintiff had three years to serve Defendant with the summons and complaint. On 01/25/23, the court granted Defendant's moton to quash service and set aside the default against Defendant. Plaintiff first argues that De...

Excerpt: ...s request for judicial notice of exhibit C [title report from private insurance company] The report is neither a coun record (Evid. 452(d)) nor a fact that is not reasonably subject to dispute (Evid. 452(h)_) In any event, the lack of omvvnership of a piece of real property is not dispositive since negligence/premises liability can be based on control of the property. In reviewing the sufficiency of a complaint: the court treats as true allegatio...