Excerpt: ...s previous 'motion to set aside default and leave to defend.' "The name of the motion is not controlling, and, regardless of the name, a motion asking the trial court to decide the same matter previously ruled on is a motion for reconsideration under Code of Civ-l Procedure section 1008." (Powell v. County of Orange (2011) 197 Cal.App.4th 1573, 1577.) A reconsideration motion must be "based upon new or different facts, circumstances, or law" and ...

Excerpt: ...show that one or more elements of plaintiff's claims "cannot be established." (CCP 437c(p)(2).) On summary judgment, "[t]he moving party's evidence must be strictly construed, while the opposing party's evidence must be liberally construed." (Binder v. Aetna Life Ins. Co. (1999) 75 Cal.App.4th 831, 838.) To establish her negligence/premises liability causes of action, plaintiff must present evidence of actual or constructive notice of the dangero...

Excerpt: ...gment On Part Of The Pleadings, As To Causes Of Acton Numbers One And Two In Plaintiff Third Amended Complaint, Without Leave To Amend And Exhibits 1-6 Requested For Judicial Notice [C.C.P. 438, Et Seq.] California College of the Arts (CCA) moves for judgment on the pleadings as to causes of action 1 and 2 of the third amended complaint (TAC) on standing grounds. The issues raised in CCA's motion (and plaintiffs responses thereto) appear largely ...

Excerpt: ...s March 23, 2022, order denying petitioner's fee waiver application in a prior case. Defendant Chief Justice Cantil-Sakauye is absolutely immune from a suit for damages allegedly arising out of official court rulings as a matter of law. "The decisions of this state uniformly and consistently grant immunity from civil suit to judges in the exercise of their judicial functions. [citationl That is true even if the acts are in excess of the jurisdict...

Excerpt: ...t Wells Fargo was conducting sham interviews of racially and ethnically diverse candidates for job openings that had already been filled. (Petition, Para. 14.) Wells Fargo shareholder Cook sought to investigate. (Petition, Para. 1.) On October 3, 2022, Cook propounded a shareholder inspection demand under California and Delaware aw (Petition, Para. 20.) On August 14, 2023, Cook filed a petition before this court to enforce her shareholder inspect...

Excerpt: ...ired by California Rule of Court 2.550(d), a party moving to seal court records must present "specific enumeraton of the facts sought to be withheld and specific reasons for withholding them (See H.B. Fuller Co. v. Doe (2007) 151 Cal.App.4th 879, 894.) Here, while portions of 8TlG's complaint are laundry-listed, the specific facts sought to be withheld are not enumerated. Moreover, while broad reasons for withholding documents are also laundry-li...

Excerpt: ...nt does not comply with this rule. The "allegations" refer to extraneous matters and the complaint contains unnecessary exhibits. The pleading is unintelligible. Defendant contends that plaintiff's action is time-barred, but the court cannot discern whether it is given the pleading's incoherence. Plaintiff has leave to amend to clarify that he is suing defendant for legal malpractice, the precise action/s which support the claim, and when plainti...

Excerpt: ...safe harbor requirement of the sanctions statute. CCP 128.7(c)(1) requires "service of the motion' to trigger the safe harbor period. Paragraph 17 of the Drenski declaration states: "On October 18, 2023, Lyft served this Motion upon counsel for Plaintiff, along with a letter requesting immediate withdraw of his second motion for relief. Attached hereto as Exhibit A is a true and correct copy of the October 18, 2023, letter, and Proof of Service."...

Excerpt: ..."CCP 654.6 enforceable." (Harker Decl„ Ex. A.) The terms of the parties' Long-Form Release, confidentiality, and nan-disparagement agreements are sufficiently definite to be enforced. After entering into their initial settlement, they agreed on the terms of those covenants. (Harker Reply Decl., pars. 6-12.) Plaintiff is entitled to judgment for $147,500: $27,500 against the Sheehan defendants and $120,000 against the Heit defendants. Settling d...

Excerpt: ...NCISCO FIREFIGHTERS UNION LOCAL 798, SAN FRANCISCO POLICE OFFICERS ASSOCIATION Notice Of Hearing For order Granting writ Of Mandate (C.C.P. section 1085), Declaratory And Injunctive Relief; Memorandum Of Points And Authorities; Declarations Of Tracy Mccray And Stephen Giacalone And Exhibits In Support Thereto The "petition for writ of mandate, declaratory and injunctive relief' is stayed underthe court's inherent powers. (OTO, L.L.C. v. Kho (2019...

Excerpt: ...- a claim the City denied. Plaintiffs FAC, however, pleads a fall on a "negligently maintained sidewalk" some five blocks away "at or near 2501 Clement St." The City first demurs as to plaintiffs failure to meet the requirement that a government claim state the "place" of the alleged occurrence. (Govt. Code 910(c).) Plaintiff concedes the discrepancy between her government claim and her complaint, but argues that the former properly "listed the '...

Excerpt: ...igation case (CGC-20-587022). In 2021, the parties stipulated that "resolution of the disputes currently pending in the arbitration may bear upon or relate to claims asserted in the instant litigation" and "the parties hereby agree that a stay of this litigation will avoid divergent outcomes and promote judicial economy." Thus, this court stayed the litgation "pending the final adjudication of all claims in the arbitration." Plaintiff first moved...

Excerpt: ...ion Payward, Inc.'s motion to seal is denied without prejudice. To enable a court to make the specific findings required by California Rule of Court 2.550(d), a party moving to seal court records must present "specific enumeration of the facts sought to be withheld and specific reasons for withholding them." (See H.B. Fuller Co. v. Doe (2007) 151 Cal.App.4th 879, 894.) Here, while portions of documents are laundry-listed, the specific facts sough...

Excerpt: ...ummary Judgment And Summary Adjudication Motions Conditionally Filed under Seal Payward, Inc.'s motion to seal is denied without prejudice. To enable a court to make the specific findings required by California Rule of Court 2.550(d), a party moving to seal court records must present "specific enumeration of the facts sought to be withheld and specific reasons for withholding them." (See H.B. Fuller Co. v. Doe (2007) 151 Cal.App.4th 879, 894.) He...

Excerpt: ...l 3, 2024. Plaintiffs allege that they developed silicosis from fabricating countertops. Defendant (one of 41 putative defendants) is a Texas LLC that distributes slabs supplied by a Vietnamese entity. (Nguyen Dec. 2:12-16.) Defendant manager/owner An Nguyen declares that its distribution is "primarily' outside California. (ld. at 2:22-26.) However, he acknowledges some California contacts. First, on "very rare occasions," defendant sells "quartz...

Excerpt: ...idence of asbestos exposure and causation. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal.4th 826, 855.) Plaintiffs identified the deposition transcript of Decedent Arthur Hawkins, Jr., taken in In re Petition of Candy Knight, Sacramento Superior Court Case No. 34-2018-00230424, as a defendant-specific document in this wrongful death case. (Ohlsen Dec„ Ex. C [Plaintiffs' Amended Response to Defendant's Special Interrogatories, Set One] at 10:17-1...

Excerpt: ...et forth in CRC 2.812 to serve as a temporary judge, has been assigned to 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 with the same authority as a Superior Court Judge. If a party appears by telephone, the...

Excerpt: ...arties via e-mail. Defendants uber Technologies, Inc., Rasier, LLC and Rasier- CA, LLCs motion to compel arbitration and stay is granted. Plaintiff Marygrace Anaya agreed to arbitrate disputes with Defendant Uber Technologies, Inc. (See Ex. G, Section (2), subparts (a)(l) & (a)(4).) And the arbitration agreement appears to encompass the instant dispute. The parties delegated issues of arbitrability to the arbitrator. (See ADR Arbitration Rules an...

Excerpt: ...Attorney Timothy Silverman For Disobeying Two Court Orders To Provide Discovery Before the court is Plaintiff Ranier Mejia's Motion For Evidentiary And Monetary Sanctions Against Defendant CFAM Financial Services, LLC And Attorney Timothy Silverman For Disobeying Two Court Orders To Provide Discovery. The court adopts Judge Pro Tem William Lynn's report and recommendation in full. Thus, the court grants the motion for evidentiary sanctions and en...

Excerpt: ...enied without prejudice. The proposed amendments would prejudice defendants at this stage and are untimely with the case in its current procedural posture. (Record v. Reason (1999) 73 Cal.App.4th 472, 485-487.) Throughout the litigation, the parties acted as if Plaintiff was an exempt employee. The proposed amendments seek to change the tenor of the case, treating Plaintiff as non- exempt and treating her employment as governed by a different set...

Excerpt: ...is denied without prejudice. Key factors in an analysis under Tech-Bilt, Inc. v. Woodward- Clyde & Associates (1985) 38 Cal.3d 488 are "a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability" and "the financial conditions and insurance policy limits of settling defendants." (ld. at 499.) However, beyond a little unsupported and imprecise hyperbole, this crucial information has not been provided to the court....

Excerpt: ...ation and (3) unfair competition. Defendants argue that plaintiffs view of the bonus is contrary to an "offer letter" referred to in the complaint, and thus the first and third counts are barred. However, the offer letter is not attached to the complaint as an exhibit, nor does the complaint plead all the offer's principal terms. Thus, defendants' demurrer improperly relies on unpled extrinsic matter. (Blank v. Kirwan (1985) 39 cal.3d 311, 318.) ...

Excerpt: ...Wednesday, December 20, 2023, line 10. Plaintiffs "motion to dismiss defendants Mike Smith and Linda Galijan's appeal of the order, decision, or award [OADI of the labor commissioner for failure to post undertaking mandated by Labor Code 98.2(b)" is denied. Plaintiff claimed unpaid employment by the San Francisco Zen Center, of which Smith and Galijan were managers. The September 6, 2022 OAD found for plaintiff in the amount of $149,177.15 agains...

Excerpt: ...t is "CCP 664.6 enforceable." (Harker Decl., Ex. A.) he terms of the parties' Long-Form Release, confidentiality, and non-disparagement agreements are sufficiently definite to be enforced. After entering into their initial settlement, they agreed on the terms of those covenants. (Harker Reply Decl„ pars. 6-12.) This motion, however, is premature. The settlement provides that payment is due "within 30 days of fully-executed agreement & W9." The ...

Excerpt: ...plaint's allegations must be accepted as true on demurrer. (Memo. 9:15-17; Del E. Webb v. Structural Materials Corp. (1981) 123 Cal.App.3d 593, 604.) Moreover, where, as here, a contract is attached to the complaint, plaintiff's interpretation of it must be accepted as correct on demurrer. (Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 239.) The complaint adequately pleads breach of fiduciary duty against Gupta. (I...