Excerpt: ... under the elder abuse statute (Welfare & Institutions Code ("W&I") section 15657) must show physical abuse or neglect. W&I 15610.57 defines "neglect" and notes that it applies to persons "having the care or custody of an elder." In Winn v. Pioneer Medical Group, Inc. (2016) 63 Cal.4th 148, 158, the court explains that the neglect definition contemplates "the existence of a robust caretaking or custodial relationship-that is, a relationship where...

Excerpt: ...of James Zehnder, M.D. demonstrates that defendant did not breach its duty of care or cause decedent's death. When a defendant mcwes for summary judgment and supports its motion with an expert declaration that its conduct fell within the standard of care, the defendant is entitled to summary judgment unless the plaintiff comes forward with conflicting expert evidence. (See Munro v. Regents of the University of California (1989) 215 Cal.App.3d 977...

Excerpt: ...acts sufficient to state a cause of acton upon which relief can be granted. (See Code Civ. Proc., 430.10, subd. (e).) Indeed, the complaint includes no discernible facts and the court is unable to discern cognizable facts from the attachments, many of which are in Spanish unaccompanied by any translation. Additionally, the complaint is uncertain in that it is ambiguous and unintelligible as submitted. (See Code Civ. Proc„ 430.10, subd. Further,...

Excerpt: ...n is procedurally defective. Defendant fails to sustain its initial burden of showing Plaintiffs do not possess and cannot reasonably obtain needed evidence of asbestos exposure and causation. (Aguilar v. Atl. Richfield Co. 25 Cal.4th 826, 855.) Melvin Rodrick stated that he "installed asbestos-containing GARLXK gaskets and worked with asbestos-cement pipe, plumber's putty, gaskets, and other asbestos-containing materials that were supplied by CA...

Excerpt: ...al Act (PAGA) acton. It involves employees in one department at a Dignity Health hospital in Stockton. (SAC 5:16-19.) Plaintiff pleads that she and her cohort were ordered to work remotely starting with the Covid-19 pandemic, but have not been fully reimbursed for their internet and cellphone expenses. (ld. at 3:9-5:10.) Defendants argue that this action should be abated or stayed because it is duplicative of an earlier-filed PAGA action in Los A...

Excerpt: ...ents set 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 moton 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...

Excerpt: ...assigned to hear this motion. Prior to the hearing all parties to the moton 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 stipulation may be signed via fax or consent to sign given by ...

Excerpt: ...the suit commenced. (See Cal. Corp. Code sec. 800; Grossetv. Wenaas (2008) 42 Cal.4th 1100, 1119 [plaintiff brining derivative suit must maintain shareholder status throughout pendency of litigation].) Here, Ostrovsky has alleged she was a shareholder "at all relevant times [when] the transactons and occurrences set forth herein occurred." (Compl. Para. 27.) Drawing reasonable inferences from the pleadings, Ostrovsky has adequately pled she was a...

Excerpt: ...tach Order. Plaintiffs application for a writ of attachment is denied. Pretrial attachment is a harsh and disfavored remedy, so the requirements for issuance are strictly construed against the applicant, which bears the burden of proving every element. (CCP 484.090(a); Martin v. Aboyan (1983) 148 cal.App.3d 826, 831; Loeb & Loeb v. Beverly Glen Music, Inc. (1985) 186 cal.App.3d 1110, 1116; Pos-A-Tracton, Inc. v. Kelly-springfield Tire co. (C.D. c...

Excerpt: ...he California Department of Insurance and the Commissioner of the California Department of Insurance and, on the other hand, the contract and bad faith claims against Standard Insurance Company. Nor does the record show a basis for permissive joinder. The fourth cause of achon for writ of mandamus against the California Department of Insurance and the Commissioner of the California Department of Insurance is ordered severed from the other claims ...

Excerpt: ...nd To Increase Damages Claim Based On Subsequently Incurred Damages. Plaintiff Acme Integrated Services, Inc. 's motion for leave to amend its complaint is GRANTED. Defendant Top Line Engineers, Inc. ('ITLE") was the prime contractor to a public works project at the Bayshore CalTrain Staton. TLE subcontracted with ACME to provde scaffolding for the site. In February 2023, ACME began filing stop job notices with the public agency owner claiming TL...

Excerpt: ...ain needed evidence of causation for the following reasons. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal.4th 825, 855.) First, Defendant does not show Decedent's deposition testimony is inadmissible in this case. (See Aguilar, supra, 25 Cal.4th at p. 851 [discussing role of trial burden of proof on summary judgment); Berroteran v. Super. Ct. (2022) 12 Cal.5th 867, 895 [discussing trial burden of proof regarding admissibility of deposition testimo...

Excerpt: ...r of the California State Bar who meets all the requirements set 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 a...

Excerpt: ... (2006) 136 Cal.App.4th 604, 617 [denying discovery requestl.) Defendant fails to establish good cause for the discovery request. Perry denies the sexual assault charges and therefore, can establish falsity to support the defamation claims without information from Rogers. Perry is also privy to a text where Rogers allegedly stated that she "hates" Perry. (Moving points and authorities ("MP&A"), 2:11-12; Rogers Decl., Ex. A (10/26/23).) Conducting...

Excerpt: ...717 prevailing party is denied. In this construction defect action, plaintiff won a motion to compel arbitration in San Francisco of its dispute with Winco Window Co. Winco's simultaneous moton to compel arbitration in Missouri was declared moot. Plaintiff now seeks attorney fees for the two motions. The opinion plaintiffs memorandum primarily relies on - Otay River Constructors v. San Diego Expressway (2008) 158 Cal.App.4th 796 - is inapposite. ...

Excerpt: ...ees and costs is denied. (CCP 396b(b).) CCP 395(b) applies to "an achon arising from an offer or provision of goods, services, loans or extensions of credit intended primarily for personal, family or household use " The case shall be venued in "the superior court in the county where the buyer or lessee in fact signed the contract, where the buyer or lessee resided at the time the contract was entered into, or where the buyer or lessee resides at ...

Excerpt: ...actor Mountain Bay and developer WVN cross-complained against subcontractors including FSAC which installed fire alarm systems at the property. (Mot. 6:8-9; Terani Decl. Para. 3.) FSAC now demurs to the cross-complaint on ground the cross-complaint fails to state facts sufficient to constitute causes of action against for (1) express indemnity; (2) implied indemnity; (3) equitable indemnity; (4) breach of contract; and (5) negligence. The cross-c...

Excerpt: ...ult is denied. Defendant fails to show that plaintiffs service of the summons and complaint in May of 2023 was defective and the subsequent default is void. (CCP 473(d).) The Ko declaration does not clearly disclose where she resided at the time of the service. Moreover, defendant's other court filings suggest that she resided in Sunnyvale, California at the time of the service. Defendant fails to meet her burden for relief under CCP 473(b) and C...

Excerpt: ...ult is denied. Defendant fails to show that plaintiffs service of the summons and complaint in May of 2023 was defective and the subsequent default is void. (CCP 473(d).) The Ko declaration does not clearly disclose where she resided at the time of the service. Moreover, defendant's other court filings suggest that she resided in Sunnyvale, California at the time of the service. Defendant fails to meet her burden for relief under CCP 473(b) and C...

Excerpt: ...For Order Barring Him From Being Called As A Witness (Tentative Ruling Part 1 of 2) Pro Tem Judge Robert Kane, a member of the California State Bar who meets all the requirements set 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 heard by the Pro Tem Judge. If all parties to the motion sign the ...

Excerpt: ...rrogatories General And Request For $3750 In Monetary Sanctions Against Blue Note Therapeutics And Its Counsel, Gordon Rees Scully Mansukhani (Tentative Ruling part 1 of 2) Pro Tem Judge Robert Kane, a member of the California State Bar who meets all the requirements set 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 agreei...

Excerpt: ...had actual notice of the lawsuit but due to inadvertence/excusable neglect, the papers did not reach the proper person to respond to the complaint. (CCP 473; CCP 1008; Campbell and Fromholz Dec's.) Defendant was diligent and did not apprise the court of this new information because due to a personal emergency, defense counsel could not appear at the hearing on the motion to vacate. In light of this new evidence, the motion to vacate default is gr...

Excerpt: ...tion To Recall And Quash Writ Of Executon And To Return Property Levied Upon" is granted save that plaintiff can retain $816.15. All other funds must be returned to defendant. Judge Quinn is unavailable to hear this motion. Even if CCP 1008 applies, the court exercises its inherent power to grant the requested relief. (See Le Francois v. Goel (2005) 35 Cal.4th 1094, 1107 [court's inherent power to reconsider orders on its own moton].) The funds t...

Excerpt: ...m a retailer in July 2022, executing a contract which included an agreement to arbitrate. Ngo filed a complaint in July 2023 alleging violations of the Song- Beverly Act (breaches of express and implied warranty) and negligent repair. MBUSA now files this moton to compel arbitration and stay proceedings, alleging that it has standing to bring the motion on the grounds of equitable estoppel and its status as a third-party beneficiary of the arbitr...

Excerpt: ... Of Settlement Defendants City and County of San Francisco and John George Ford's motion for order determining the good faith of settlement is denied without prejudice. Assuming arguendo that CCP 877.6 applies to these circumstances, there is not substantial evidence showing that the settlement is in the "ballpark." When determining whether a settlement was entered into in good faith the court should take into account a rough approximation of pla...