Excerpt: ...laintiffs Second Amended Complaint The motion will be heard by Judge Fleming at 9:00 a.m. Defendant Balaji Srinivasan's demurrer to the first and fourth causes of action for specific performance and breach of the implied covenant of good faith and fair dealing in plaintiffs Leerink Revelation Healthcare Fund I, L.P and Leerink Revelation Healthcare Fund II, L.P.'s second amended complaint is sustained without leave to amend. Plaintiffs ha...

Excerpt: ...and the demurrer OVERRULED. CCP §418.10(a)(1). Plaintiff's declaration evidences that California was the site of "[a]ll of the design and engineering work" for the Atari project that is at the litigation's core. Further, plaintiff declares he "spent considerable time living in California and directing the project." This suffices to confer California jurisdiction. In contrast, defendant's motion papers proffer no evide...

Excerpt: ...418.10(a)(1). Plaintiff's declaration evidences that California was the site of "[a]ll of the design and engineering work" for the Atari project that is at the litigation's core. Further, plaintiff declares he "spent considerable time living in California and directing the project." This suffices to confer California jurisdiction. In contrast, defendant's motion papers proffer no evidence, just attorney argument. CCP �...

Excerpt: ...39; counsel surveilled plaintiff, who is said to have lost his sight in a motor vehicle accident. Plaintiff seeks to compel a deposition of the investigator as well as surveillance photos, videos and/or reports and interrogatory answers regarding the surveillance. The attorney-client privilege and attorney work product doctrine are at issue. Plaintiff says the investigator is "an employee of defense counsel" - an assertion not helpful to ...

Excerpt: ...oncealment). No plaintiff‐defendant relationship is required. Rather, (1) intentionally failing to disclose facts known to defendant that plaintiff could not have discovered and/or (2) disclosing some facts to plaintiff but intentionally failing to disclose other facts making the disclosures deceptive are both long‐established other bases for this kind of fraud. (See CACI 1901 and cases cited in its use notes.) The Fourth District opinion Big...

Excerpt: ...D. Defendant satisfies the first prong of §425.16; her filing of a complaint with the San Francisco Department of Police Accountability (SFDPA) is protected by the statute. (See, e.g., Walker v. Kiousis (2001) 93 Cal.App.4th 1432, 1439; Lee v. Fick (2005) 135 Cal.App.4th 89, 97.) Plaintiff argues that the first prong is not met because defendant's activity was a crime ‐ filing "an allegation of misconduct against a police officer knowi...

Excerpt: ...Klein And Production Of Documents; Request For Sanctions Against Defendant Klein And His Counsel In The Amount Of $6,260.00 Pro Tem Judge Melinda Derish, 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 be heard by the Pro Tem...

Excerpt: ...s its discretion per Penal Code 502(e)(1) not to award any fees to FusionStorm. FusionStorm never provided any persuasive evidence that Ms. Tenorio misused any of FusionStorm's information in a way that caused any harm. Moreover, the injunctive relief it sought and obtained was more prophylactic than remedial. Any party who contests a tentative ruling must send an email to [email protected] with a copy to all other parties by 4pm stat...

Excerpt: ...denied. In light of the court's ruling on the demurrer, the request for punitive damages is based on sufficient factual allegations supporting a cause of action in fraud. Any party who contests a tentative ruling must send an email to [email protected] with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line n...

Excerpt: ...tion Agency, Inc.'s first, eighth and ninth causes of action for breach of contract, quantum meruit and promissory estoppel are stricken. All other monetary and non‐monetary sanctions sought by Uber are denied. RPA's request for monetary sanctions is also denied. This motion should never have been brought and is arguably an abuse of the 128.7 procedure notwithstanding that Uber is correct that RPA should have dismissed its claims seekin...

Excerpt: ...Of Patientpop, Inc. For Business Records And Request For Monetary Sanctions Plaintiffs' motion for an order compelling compliance with their deposition subpoena to non‐ party PatientPop, Inc. is granted in part. No later than October 31, 2018 PatientPop is required to produce all documents in its possession, custody and control regarding the reputation and competence of defendant Rachel Shu including all reviews of Dr. Shu by persons for wh...

Excerpt: ...tive economic relations and breach of the implied covenant of good fair and fair dealing in the first amended complaint filed by plaintiffs Vatche Cabayan and V. Cabayan Med. Corp. is denied as to both causes of action. Plaintiffs' allegations concerning State Fund's disparaging statements are so factually deficient that they preclude a determination whether they arise from State Fund's exercise of activity protected by the anti‐SLA...

Excerpt: ...s motion to transfer case is denied. Venue is proper per CCP 395(a) because this action was filed in the county where one of the defendants resides. The complaint does not show that defendant Robert Morrison, a San Francisco resident, was improperly joined or joined in bad faith. Joinder statutes are liberally construed and where a plaintiff is uncertain as to the extent each tortfeasor is responsible for his injuries, joinder of the all alleged ...

Excerpt: ...4;[W]here a government agent's actions have induced noncompliance with procedural requirements, the government could be estopped from asserting those procedural bars against a citizen's recovery." (J.H. McKnight Ranch, Inc. v. Franchise Tax Bd. (2003) 110 Cal.App.4th 978, 979.) Respondent Assessment Appeals Board affirmatively advised KHP by the language in its "Information and Instructions for Assessment Appeal Application" t...

Excerpt: ...hat a dangerous condition of public property caused plaintiff's injury as a matter of law. Plaintiff must demonstrate the following to maintain his cause of action for dangerous condition of public property: (1) that CCSF owned or maintained the property; (2) that the property was in a dangerous condition on the date of accident; (3) causation; (4) the dangerous condition created a reasonably foreseeable risk of the kind of injury incurred; a...

Excerpt: ...cial notice of the 2009 separation agreement is denied because the parties dispute the validity and binding nature of that document. Mr. Ratias contends that the 2010 release superseded all prior contracts and Radius implicitly asserts that the 2009 separation agreement is binding. "[W]e hold the existence of a contract between private parties cannot be established by judicial notice under Evidence Code section 452, subdivision (h). Judicial ...

Excerpt: ...st per S.F. Campaign and Government Conduct Code 1.142(b) to obtain the campaign financing funds. Ms. Bassan's attempted filing was timely as the deadline had not yet expired. The record further discloses that by the deadline, respondents City and County of San Francisco and San Francisco Ethics Commission (collectively CCSF) had received Ms. Bassan's campaign contribution supporting materials. (Petition, Ex. 1, pgs. 21‐22.). Those mate...

Excerpt: ... leave to amend. Streets & Highways Code 30922 allows plaintiffs to bring an action to contest the validity of the toll increase authorized by Regional Measure 3. However, section 30922 does not expressly refer to the validation statues and thus the procedural requirements of the validation statutes do not apply. Government Code 50077.5 is inapplicable to the second cause of action since Regional Measure 3 was not approved per Article 3.5 which i...

Excerpt: ...ses of action. The first and second causes of action adequately allege intentional and negligent misrepresentation claims based on Swinteron's alleged dissemination of the Project Manual knowing that Energia would rely on it and the Manual containing intentional and negligent misrepresentations about the testing of the window products. While the first cause of action adequately alleges an intentional misrepresentation claim, it also adequatel...

Excerpt: ... to an answer is not sanctionable conduct as there is a basis for such a filing per FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 346, the filing of this demurrer is a complete waste of time and ruling upon it does nothing to further the litigation in this case. The affirmative defenses are alleged in a way that conforms to long‐established and accepted practice in the Bay Area state courts. The purpose of this practice is to preserv...

Excerpt: ...ded complaint adequately alleges that TinyCo, Inc. assigned its obligations under the Revenue Share Agreement to Jam City. Loytr's failure to file the first amended complaint in the time frame required by the July 20, 2017 order is not a basis to preclude it from filing the first amended complaint at least where, as here, Jam City did not seek entry of judgment prior to Loytr's filing of the first amended complaint and Jam City has not sh...

Excerpt: ...othy Lis' motion to set aside default and default judgment is granted in part. The default entered against Timothy Lis on June 25, 2018 is vacated on the condition that must be accepted by Timothy Lis that he will not assert any argument that any claims of plaintiff Lynne Crawford against him are barred by the five year statute. No default judgment has been entered against Timothy Lis, so that portion of the motion is off calendar. Timothy Li...

Excerpt: ... to compel arbitration is granted. This case is stayed pending the conclusion of arbitration proceedings. The FAA applies to this case because it involves interstate commerce as acknowledged in the complaint. Instquest is a Delaware corporation and its on‐line services implicate interstate commerce. Paragraph 13 of the parties' agreement expressly states that the FAA will govern with the limited exception that the procedural rules of the CA...

Excerpt: ... Berkley Assurance Company DENIED. There is a ripe controversy between Ms. Levinson and Mr. Taylor, on the one hand, and Berkley on the other, whether there is any possibility that Berkley's policy covers the malpractice claims asserted by Ms. Levinson and Mr. Taylor against Mr. Wiseblood in the underlying action. Based on the order rescinding the policy, Berkley is entitled to a declaration in its favor and against Ms. Levinson and Mr. Taylo...

Excerpt: ...Azarinfar are the prevailing parties in this case for purposes of recovering costs. All costs claimed by the defendants in their memorandum of costs filed October 31, 2017 are allowable as a matter of right or in the exercise of the court's discretion. All claimed costs were reasonably incurred. None of Dr. Nanda's arguments why some or all of the claimed costs should be stricken or taxed have any merit. Any party who contests a tentative...