Excerpt: ...UCL and CLRA claims and neither of those claims arise from protected speech in the anti‐SLAPP statute. Mr. Clark has shown that 1) NuttZo is a corporation primarily in the business of selling nut and seed butter products at issue in this case; 2) the alleged violations of CLRA and UCL arise from NuttZo's "no added sugar" label, which is a statement of fact regarding NuttZo's product; 3) NuttZo's label is made to promote and ...

Excerpt: ...quest For Order Awarding Sanctions. Pro Tem Judge James Fleming, 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 Judge. If all parties to the motion sign the stipulation, the hearing will proceed befor...

Excerpt: ...n. 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 stipulation may be signed via fax or consent to sign given by email. If not all parties ...

Excerpt: ...andolph, Martha Aceves, and Clifford Rechtschaffen's demurrer to the first and third causes of action in the first amended complaint filed by plaintiff Karen Clopton for retaliation in violation of the Whistleblower Protection Act and race discrimination in violation of Government Code 12940 is sustained as to the first cause of action alleged against Ms. Aceves, Ms. Peterman and Mr. Rechtschaffen with twenty days leave to amend and overruled...

Excerpt: ...ntiff Don Tucker Dba Don Tucker And Son To Produce Additional Documents In Response To Travelers Second Production Requests.(For Tentative Ruling Only)(part 2 of 3) It follows that Mr. Tucker's ability to defend the underlying action is indeed an issue in this case. Given the acknowledged broad scope of permissible discovery, Defendant is entitled to conduct discovery of its theory of the case unless precluded by an appropriate objection. Mr....

Excerpt: .... Defendant Swett & Crawford's ("Swett's) motion for summary judgment is DENIED. Swett's motion for summary adjudication is GRANTED in part and DENIED in part. The motion is GRANTED as to the breach of contract cause of action. " 'A contract implied in fact is one not expressed by the parties, but implied from facts and circumstances showing a mutual intention to contract.' [citation] Without such mutual intention ther...

Excerpt: ...ges liability. The allegations that Mr. Misra intentionally attempted to flee the scene of the accident knowing that he had hit and injured Ms. Preap which caused Ms. Preap to suffer additional fear, distress and anxiety are sufficient to show despicable conduct carried on with willful and conscious disregard for Ms. Preap's rights. Defendants' reliance on Broooks v. E.J. Wilig Truck Transp. Co. (1953) 40 Cal. 2d 669 is misplaced. Nothing...

Excerpt: ...t filed by plaintiffs Lourdes Zamudio is granted. Assuming without deciding that the indemnity provision of the 2007 CRF‐Marriott contract provides for a first party claim by a Marriott employee, the undisputed facts establish that the indemnity provision does not impose liability on CRF for Alexander Damhuis' intentional torts. The phrase "indemnifying party's ? willful misconduct" in the indemnity provision is not reasonably s...

Excerpt: ...y and Doorman Property Management S Corp.'s motion for summary judgment or alternatively motion for summary adjudication is denied in its entirety. There are triable disputes whether: 1) plaintiff and cross‐defendant CFO Rick, Inc. performed all of the duties required of it per the parties' contract or was excused from doing so; 2) any of the services performed or required to be performed by CFO Rick per the parties' contract requir...

Excerpt: ...f good faith and fair dealing and request for punitive damages is denied as to both issues. There are triable disputes whether defendants' denial of policy benefits to Ms. Cohen was: 1) unreasonable and 2) done in conscious and willful disregard of Ms. Cohen's rights under the policy that subjected Ms. Cohen to cruel and unjust hardship and was despicable. Ms. Cohen's ability to successfully carry out her duties as a hearing officer d...

Excerpt: ...Fifth Historic Properties, LLC, 418 Jessie Historic Properties, LLC and 418 Jessie Properties, LLC's demurrer to the first, third, sixth and eighth causes of action in the first amended complaint filed by plaintiff Mint Collection‐410‐418 Jessie Street Condominium Owners' Association is: a) sustained without leave to amend as to the first, third and sixth causes of action for violation of residential building standards , strict liabil...

Excerpt: ...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 stipulation may be signed via fax or consent to sign given by email. If not al...

Excerpt: ... and complaint for declaratory and injunctive relief filed by petitioner/plaintiff City and County of San Francisco is sustained with ten days leave to amend to give CCSF the opportunity to name a State agency and/or officer as a respondent/defendant. Per binding case law, an action seeking an order preventing the enforcement of a State statute must seek such relief against a State agency and/or officer. For guidance of the parties going forward,...

Excerpt: ...for summary judgment is granted. On FusionStorrm's complaint, it is entitled to judgment in its favor and against defendant and cross‐complainant Renee Tenorio for a permanent injunction enjoining Ms. Tenorio from directly or indirectly using, disclosing or disseminating any non‐public information that is contained in any document including an email that Ms. Tenorio prepared or received while she was employed at FusionStorm and was at any...

Excerpt: ... Weiss, the court cannot take judicial notice of the truth of the statements therein. Further, an EPO is often issued based on one side's version of events and has no preclusive effect in any subsequent litigation and cannot be used to show any misconduct by Ms. Weiss on this demurrer. This is particularly true here where the EPO sought to be judicially noticed has no entries in the application portion and thus does not even purport to provid...

Excerpt: ... that arises from the State Bar's interpretation and in fidelity with the important principle of statutory interpretation that wherever possible a statute should be interpreted to avoid constitutional infirmity, the State Bar's interpretation must be rejected and Mr. Obbard's interpretation adopted. (City of Cerritos v. State of California (2015) 239 Cal. App. 4th 1020, 1035). Any party who contests a tentative ruling must send an ema...

Excerpt: ...act in MBW‐Brotherhood Way, LLC's third amended cross‐ complaint is overruled. A demurrer to a cause of action for breach of contract admits not only the contents of the contract, but also any pleaded meaning that the instrument is reasonably susceptible. (Aragon‐Haas v. Family Security Ins. Services, Inc., (1991) 231 Cal.App.3d 232, 239.) Paragraph 2 of the Management Services Agreement states that Comstock Homes hired MBW for Hawke...

Excerpt: ...ny 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 number, case name and case number. =(302/HEK) Case Number:CGC17561749Case Title:JENNIFER WALKER ET AL VS. HAND JOB, LLC ET ALCourt Date:MAY-22-2018 09:30 AMCalendar Matter:DEMUR...

Excerpt: ... undisputed facts show that the claims alleged against Siding Specialists in plaintiff Candlestick View Homeowners Association's second amended complaint are substantially identical to the claims that Candlestick HOA alleged against Lindstrom & Son Builders in the arbitration proceedings. Per claim preclusion principles, the confirmed arbitration award precludes the Candlestick HOA from litigating these claims in this action. (Thibodeau v. Cr...

Excerpt: ... consolidated cases were victims of egregious misconduct committed by their counsel of record Robert Machado, Mr. Feldman is not entitled to any of the relief that he seeks. Mr. Feldman's contention that the orders and judgments he seeks to have vacated are "void" and thus can be vacated at any time per CCP 473(d) is incorrect. This court has and continues to have fundamental jurisdiction over the parties and the subject matter of thi...

Excerpt: ...ployer of either plaintiff De Xin Lin or the person who dropped the metal plate and did not have any actual or constructive knowledge of any dangerous condition regarding the metal plate. Plaintiff did not submit any evidence creating a triable dispute as to who hired or employed plaintiff or the person who dropped the metal plate or M&D's knowledge. The undisputed facts establish that M&D Lau hired Yu Kwan Construction Co., who in turn emplo...

Excerpt: ...ate arbitration proceedings is granted. Respondent Bay Area Quality Management District is required to arbitrate the two grievances. The two grievances are consolidated, although the arbitrator is authorized to sever them or make any other appropriate orders regarding phasing of the issues. The delegation clause in section 4.12.2 of the MOU is clear and unmistakable and requires that any disputes regarding arbitrability are to be decided by the a...

Excerpt: ...dged in support of its anti-SLAPP motion to strike is granted. No opposition filed and good cause shown. There is an overriding interest in sealing the cited documents to protect confidentiality and integrity of the investigatory process and the privacy rights of third parties. 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)...

Excerpt: ...ners First Set Of Demand For Production And Inspection Of Documents; Petitioners First Set Of Special Interrogatories; Judicial Council Form Interrogatories. Pro Tem Judge Dianne Peebles, 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 ...

Excerpt: ... cause of action for disclosure of private facts: Ms. Moia failed to present any evidence that WSI or any of its employees made a public disclosure of the fact that Ms. Moia is an Atheist. Ms. Moia testified that she did not know whether Ms. Johnson or Ms. Lim disclosed this information. (Moia Depo, 232:3-11.) Sixth cause of action for assault and battery: This claim is preempted by workers' compensation exclusivity because the alleged conduc...

Excerpt: ...ent is denied. There is a triable dispute whether the tree roots constituted a dangerous condition of public property. Plaintiff Marc Mac submitted evidence that: 1) the City knew that people walk into tree basins; and 2) the City has regulations about tree basins which protect against tripping hazards. This evidence precludes a determination as a matter of law that exposed roots within a tree basin is not a condition of property that creates a s...

Excerpt: ...: Mr. Makowiecki has adequately alleged extreme and outrageous conduct by PG&E by attempting to prevent Mr. Makowiecki from being employable in his chosen field. Seventh cause of action: Mr. Makowiecki's claim for negligent infliction of emotional distress fails to allege any independent duty by PG&E to avoid infliction of emotional distress. If he can do so in good faith, Mr. Makowiecki is given leave to correct this deficiency. Eighth and n...

Excerpt: ...even S. Rosenthal And-Or Motion For Stay And-Or For A Protective Order. Per ex parte court order filed on May 9, 20-18, this motion will be heard by Judge Kahn at 9:30 a.m. Law & Motion. =(302/JPT) Case Number:CGC15548384Case Title:THRIVENT FINANCIAL FOR LUTHERANS VS. BETTY YEE ET ALCourt Date:MAY-15-2018 09:30 AMCalendar Matter:Defendant California State Controller'S Notice Of Motion And Motion To Quash Deposition Subpoena For Personal Appea...

Excerpt: ...nce per Civil Code 52.4 in the first amended complaint filed by plaintiff Jane Doe is overruled in its entirety. The factual disputes raised by Mr. Cortes in his opposition are not amenable to resolution on a demurrer. Plaintiff has alleged sufficient facts for a claim of negligence per se and Penal Code 273 requires a general intent to commit the act of inflicting unjustified suffering on a child. Plaintiff has also alleged sufficient facts to s...

Excerpt: ...cation. Plaintiff California Physicians' Service's motion for summary judgment or, in the alternative, summary adjudication is continued to June 13 2018. But for the Government Code 810.8 issue which the court is deferring to the June 13 hearing, Blue Shield has shown that it is entitled to judgment in its favor. 42 CFR 435.1015 creates a mandatory duty on CenCal not to make premium assistance payments where the cost of the premiums is su...

Excerpt: ...cation. Plaintiff California Physicians' Service's motion for summary judgment or, in the alternative, summary adjudication is continued to June 13 2018. But for the Government Code 810.8 issue which the court is deferring to the June 13 hearing, Blue Shield has shown that it is entitled to judgment in its favor. 42 CFR 435.1015 creates a mandatory duty on CenCal not to make premium assistance payments where the cost of the premiums is su...

Excerpt: ...f Berkley Assurance Company against Ms. Levinson and Mr. Taylor are taxed. Assuming without deciding that the motion was not timely filed per CRC 3.1700(b)(1), the court has authority per CRC 3.1700(b)(3) to extend the time for filing the motion by 30 days and does so here so that the motion is adjudicated on its merits. Per CCP 1032(a)(4), the court exercises its discretion to tax all claimed costs as to Ms. Levinson and Mr. Taylor for three rea...

Excerpt: ...y and Casualty Company is overruled in its entirety. The demurrer was purportedly filed by Jamil Bey as the "authorized representative" of Ms. Cornejo. However, Mr. Bey, who is not an active member of the California Bar, may not represent Ms. Cornejo absent a court order such as appointment of a guardian ad litem and no such order has been issued. Consideration of the merits of the demurrer would be tantamount to allowing unauthorized pra...

Excerpt: ...nably susceptible to Ms. Paoli's proffered interpretation of that contract. The only contract language relied on by Ms. Paoli is Note 13 in sheet A‐1 that "All labor and materials shall be guaranteed for a period of one (1) year from the date of completion of the work." That language refers to obligations of the contractor, not the architect. Absent clear and unambiguous language that the architect agreed to guarantee the work of th...

Excerpt: ...merits and there is no discernable legal prejudice to plaintiff BE & JDS, Inc. by the grant of the motion. Mr. Obidiagha has shown that he is entitled to have the default set aside per the mandatory relief provisions of CCP 473(b). Moreover, the default was taken on the original complaint filed even though plaintiff had filed an amended complaint on January 23, 2018, which superseded the original, and plaintiff was required to serve the amended c...

Excerpt: ...e first amended complaint is GRANTED. As the court previously ruled, the DFEH can seek recovery of punitive damages in the employment context and Forever 21 overstates the holding of Dyna‐Med, Inc. v. Fair Emp. & Housing Comm. (1987) 43 Cal.3d 1379. In that case, the Supreme Court limited its review specifically to the issue of what types of damages the Fair Employment Housing Commission (i.e., the agency) could impose. The Legislature amended ...

Excerpt: ...; the note; in any event, alter ego liability is adequately pled against defendant Sharma. 3 (Fraud): The claim is pled with sufficient specificity. Defendants repeatedly raise factual disputes and argue conclusions from pleaded facts ‐ both are improper at the pleading stage. 4 (Negligent Misrepresentation): Defendants' arguments focus on only one of the several misrepresentations alleged, some of which go to existing fact. 5 (Corp. Code ?...

Excerpt: ...e, 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 stipulation may be signed via fax or consent to s...

Excerpt: ...ve to amend his answer by including all of his proposed new affirmative defenses except proposed affirmative defense 17 labeled "illegal contract." Proposed affirmative defense 17 appears to be based solely on opposing party's discovery responses that the contract is illegal as a result of Mr. Khatsiom's alleged failure to comply with the contractor licensing requirements. That is not a permissible basis for Mr. Khatsiom to allege...

Excerpt: ...ended complaint filed by plaintiff Titilayo Ala is: a) sustained without leave to amend as to the third cause of action for gender violence; and b) overruled as to the seventh and eleventh causes of action for defamation and violation of the Unfair Competition Law. As an employer, per Civil Code 53.4(e), the CH2M entities are not liable for statutory gender violence because there is no allegation that they personally committed the violence. Feder...

Excerpt: ...Feely declares under penalty of perjury that he personally served Dahmash in Belmont, CA on December 17, 2017. Evidence Code 647 provides: "The return of a process server registered pursuant to?the Business and Professions Code?establishes a presumption?of the facts stated in the return." Dahmash fails to rebut the presumption; he merely asserts that he resided in San Diego on December 17, not that he was not served or that a different pe...

Excerpt: ...plaintiff Broussard had a reasonably probable expectation of economic benefit from his relationships with Kismatic, Inc. and defendant Reilly. This benefit would have been realized through Broussard's receiving a fair share of any deal involving sale of Kismatic assets or stock, and, had it not been for Apprenda's interference, Broussard would not have lost the prospective benefit. California law permits pleading of factually inconsistent...

Excerpt: ... Ramos stated that there was an English-only policy (Leon Depo., 143:3- 19.) There is also a dispute of fact whether a managing agent ratified such a policy. Assistant Manager Harris had a conversation with Regional Director Calderon about the policy, but Harris did not view it as discipline. (Harris Depo., 197:23-198:8.) Calderon admitted that the English- only policy had been ongoing for months (Calderon Depo., 146:15-147:14; 151:22-24.) Calder...

Excerpt: ...and no employment relationship existed between SFMOMA and Cypress' security guards. "[T]he common law test for employment is a question of fact, while the legal conclusion to be drawn from those facts is a question of law. Even if one or two of the individual factors might suggest an employment relationship, summary judgment is nevertheless proper when, as here, all the factors weighed and considered as a whole establish that [Cypress] wa...

Excerpt: ...ctor and no employment relationship existed between SFMOMA and Cypress' security guards. "[T]he common law test for employment is a question of fact, while the legal conclusion to be drawn from those facts is a question of law. Even if one or two of the individual factors might suggest an employment relationship, summary judgment is nevertheless proper when, as here, all the factors weighed and considered as a whole establish that [Cypres...

Excerpt: ...uments. Pro Tem Judge Roger Mead, 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 Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will de...

Excerpt: ...legal scenarios posited. First, it applies if Ms. McDonagh is viewed as a surviving spouse after her husband's death in August 2014 in a community property scenario. (Dawes v. Rich (1997) 60 Cal.App.4th 24, 34.) Second, it applies if Ms. McDonagh is viewed as a trustee. (Wagner v. Wagner (2008) 162 Cal.App.4th 249, 255; Levine v. Levine (2002) 102 Cal.App.4th 1256, 1265 (CCP 366.2 applies where no proceeding to administer decedent's estat...

Excerpt: ...6.37 in claimed costs are taxed, resulting in $3956.37 in costs recoverable by plaintiffs Scott Ayers and Ilona Marsovszki against Hyundai. Hyundai's argument that the recoverability of plaintiffs' claimed costs should be determined by the standards in the general costs statute (CCP 1033.5) rather than the costs provision of the Song-Beverly Act (Civil Code 1794(d)) because plaintiffs filed a costs memorandum lacks merit. No case holds th...

Excerpt: ... the complaint allege that Long defaulted on the account on 9/1/13. Under CCP 337, Cavalry had four years to commence this action from that date and timely filed this action on 5/30/17. Long fails to explain how the alleged burglary altered the running of the statute of limitations. Cavalry is not required to plead the particular details of its purchase of the Citibank account. In addition, Exhibit 1 attached to the complaint indicates that the s...

Excerpt: ...iff Sandford Taylor provided an address in San Francisco and a telephone number where he could be reached. Defendant Global Experience Specialists, Inc. has served discovery requests that were signed for at the address plaintiff provided. Plaintiff suggests others living at the address may have signed. Defendant's counsel has also left several voicemail messages at the number plaintiff provided. Plaintiff told the judge pro tem he did not wan...

Excerpt: ...rnia 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 as a Superior Co...

Excerpt: ...on for disability discrimination, failure to accommodate disability, and failure to engage in the interactive process with more particularity. (Government Code 12940(a), (m), and (n).) Ms. Olla should allege facts regarding the nature of her mental disability, how it limits a major life activity, and SFUSD's awareness of her disability. Ms. Olla also has leave to clarify that the adverse employment actions were SFUSD's failure to provide ...

Excerpt: ...ase Number:CGC17558069Case Title:EVAN KROW VS. SAUL GEVERTZ ET ALCourt Date:APR-25-2018 09:30 AMCalendar Matter:DEMURRER TO 2ND AMENDED COMPLAINTRulings:Matter on calendar for Wednesday, April 25, 2018, Line 8, DEFENDANT SAUL GEVERTZ'S DEMURRER TO 2ND AMENDED COMPLAINT. Defendant Saul Gevertz's demurrer to all five causes of action in the second amended complaint filed by plaintiff Evan Krow is sustained with twenty days leave to amend to...

Excerpt: ...a likelihood of prevailing on the merits. Mr. Drotts does not show a due process violation. The authorities he cites approve of post‐tow hearings. (Goichman v. Rheuban Motors, Inc. (9th Cir. 1982) 682 F.2d 1320, 1325; Drotts' Ex Parte Petition, 52:16‐21.) Mr. Drotts is unlikely to prevail on his conversion claim. Mr. Drotts admits that the nonprofit corporation owns the Lincoln. (Kawala Dec., Ex. 3.) The certificate of title that is attac...

Excerpt: ...laims are based on discrete sections of the Labor Code and allege separate theories of liability. (See Edward Fineman Co. v. Sup.Ct. (1998) 66 Cal.App.4th 1110, 1115; Lilienthal & Fowler v. Sup.Ct. (1993) 12 Cal.App. 1848, 1854-1855; <0017000f00030014001400 00440003005900110003[See's Candy Shops, Inc. (2016) 7 Cal.App.5th 235, 237.) The court DENIES summary adjudication on claim one [failure to pay overtime]. Notwithstanding whether Cole Haan...

Excerpt: ... ("State") motion to vacate the defaults entered on 9/25/17 is GRANTED. The motion is timely because a void default can be vacated at any time. (See CCP 473(d); Westport Oil Co. v. Garrison (1971) 19 Cal.App.3d 974, 978.) The record fails to disclose proper service on either movant. The proof of service dated 11/6/15 indicates that plaintiff attempted to serve the summons and amended complaint on the State, but failed to comply with CCP 4...

Excerpt: ...action in the alternative, so preemption arguments do not apply here. Vendley's demurrers are OVERRULED in their entirety. Count 1 (Breach of Fiduciary Duty): Defendant asserts that the cause "contains no factual statements." Actually, the cause incorporates many facts by reference ‐ and within statutes of limitations. Count 2 (Intentional Interference With Economic Relations): Plaintiffs Goodin and Urban Flowers, Inc. are adequatel...

Excerpt: ...to Ms. Hutto is limited to all documents related to Mr. Wellhausen's left shoulder for the time period of April 9, 2005 to the present. The subpoena is overbroad. By filing this case, Mr. Wellhausen effected a waiver of his medical privacy only as to the medical condition he seeks to hold defendants liable. Mr. Wellhausen's privacy interest in his medical information outweighs defendants' interest in seeking the information based on s...

Excerpt: ...Production And For Monetary Sanctions. Pro Tem Judge David Helbraun, 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 Judge. If all parties to the motion sign the stipulation, the hearing will proceed b...

Excerpt: ...he seventh cause of action for violation of the CLRA and is overruled as to all other causes of action. The first through sixth and eighth causes of action for intentional misrepresentation, negligence misrepresentation, breach of contract, common count, and violations of the Unfair Competition Law, False Advertising Law, and Penal Code 493(c) are all adequately alleged. Many of Stonebrae's arguments raise factual issues not amenable to resol...

Excerpt: ... is DENIED. In determining whether to issue the injunction, the court considers the likelihood that Association will prevail on the merits and the balance of equities and harms. (See Metro Traffic Control, Inc. v. Shadow Traffic Network (1994) 22 Cal.App.4th 853, 858.) In this case, the court finds that Association is unlikely to prevail on the merits and show that defendants' paired gender identity search policy violates the law. The court r...

Excerpt: ...ended complaint filed is sustained with twenty days leave to amend as to all causes of action. As to the claims against Ms. Ramirez, plaintiffs are given leave to amend to allege facts showing that the one‐year statute of limitations per CCP 366.2(a) was tolled because they timely filed a creditor's claims and the executor failed to allow, approve, or reject the claims. When a cause of action appears to be barred by an applicable statute of...

Excerpt: ...n. As to the breach of contract and common counts causes of action, the cross‐complaint does not adequately allege the nature of the "services" or the "substance" of the contract's terms. In addition, there is insufficient basis alleged for Mr. Jozinovic basis for asserting a contract or common counts claim. At a minimum, Mr. Jazinovic needs to allege how he individually and the sole proprietorship entered into an agreement ...

Excerpt: ...nted. Granting the motion comports with California's liberal policy allowing amendments to pleadings and defendants have not identified any prejudice to them if the motion is granted. The argument that Xelan cannot be liable for any of the claims alleged by Mr. Kimball is best addressed on a demurrer or other pleading motion, not a motion to amend, although it appears that there is no legal impediment to imposing liability on Xelan merely bec...

Excerpt: ...sobedience Of Lawful Judgment Quieting Title; Statement Of Facts In Re Contempt. Plaintiff Theresa Murphy's amended motion for an order to show cause re contempt is denied. "It is well established that the affidavit by which a contempt proceeding is instituted, in order to sufficiently support an adjudication of contempt, must state facts constituting the offense, otherwise the court is without jurisdiction, and the facts essential to est...

Excerpt: ...ither Mr. Diaz or Mr. Ng has a protecible privacy interest in information about prior similar accidents that supports either an instruction not to answer on privacy grounds or requires moving defendants to show that prior similar accidents are directly relevant to the issues in this case. Absent such a privacy interest, the instructions not to answer questions were erroneous and thus the City is required to make Mr. Diaz and Mr. Ng available for ...

Excerpt: ...ttach order and a writ of attachment is granted in substantial part. The Hancocks are entitled to a right to attach order and writ of attachment in the amount of $265,012.90 on the condition that they file an undertaking in the amount of $10,000. The money in defendant Clever Machine, LLC's bank account is and is likely to remain the only asset Clever Machine has to satisfy the arbitration award in favor of the Hancocks. The liquidity of this...

Excerpt: ...seek judicial review of the Medical Board's decision effective March 10, 2014 adopting the stipulated settlement and disciplinary order is time‐barred. In order to timely seek judicial review of that decision, Dr. Goodrich was required to file a petition for a writ of mandamus within 30 days after March 10, 2014. Dr. Goodrich's suspension was terminated in June 2014, she is currently still in good standing, and allowed to practice medic...

Excerpt: ...ed by plaintiff Veronica McCluskey. Airbnb has shown that Ms. McCluskey assented to the Terms of Service, including the arbitration language therein, because the sign up screen adequately informed Ms. McCluskey that, by clicking to sign up, she was agreeing to the Terms of Service. Under both the Federal Arbitration Act and the California Arbitration Act parties may delegate issues of arbitrability to the arbitrator, including disputes regarding ...

Excerpt: ... of the summons and complaint on defendant Gebremariam is granted. By opposing the motion on its merits, plaintiff Lisa Brown waived her objection based on untimely service of the moving papers. (Reedy v. Bussell (2007) 148 Cal. App. 4th 1272, 1288). Ms. Brown failed to provide sufficient evidence to satisfy her burden to prove that service of summons and complaint made on Mr. Gebremariam was proper. The declaration of Ms. Barhe shows that she re...

Excerpt: ...tion is not timely filed since Mr. Dietrich has not shown that he was unaware of facts necessary to make a CCP 425.13 motion more than nine months prior to July 30, 2018 and he made a diligent effort to obtain any facts he may have needed to make such a motion more than nine months prior to July 30, 2018 as required by Goodstein v. Superior Court (1996) 42 Cal. App. 4th 1635. Nine months prior to July 30, 2018 is October 30, 2017. Prior to Octobe...

Excerpt: ...s of a proposed injunction and/or attachment protecting the rights of Mr. O'Rourke with regard to Revelry Restaurant L.L.C. Mr. O'Rourke is precluded from obtaining a receiver for Revelry on grounds that the corporation is in imminent danger of insolvency because Mr. O'Rourke is no longer suing derivatively. CCP 564(b)(6) does not authorize the appointment of a receiver for such grounds when the lawsuit is by a private person. Mr. O&#...

Excerpt: ...rney's fees per Jaffe v. Pacelli (2008) 165 Cal.App.4th 927. Those fees were incurred as a result of attempting to enforce the judgment and are recoverable. (Jaffe, 165 Cal.App.4th at 938.) The Sangers can recover their legal research fees. When discussing computer legal research costs, Ladas v. CSAA (1993) 19 Cal.App.4th 761, 776 stated: "Subdivision (b)(2) precludes recovery of investigative expenses and attorney's fees are not comp...

Excerpt: ...and supplemental declarations fail to show that the assertedly defamatory statements quoted at 4:12‐5:4 of Auction's reply memorandum are false. At most, Auction shows that there were fewer watch lots on the third auction. (Brenhouse Dec., par. 5.) Auction also fails to show imminent and irreparable harm. The last communication Mr. Berz sent was on March 19, 2018 and there is little evidence to indicate that the asserted "smear campaign...

Excerpt: ...4; The Department correctly notes that the ALJ's decision repeatedly and erroneously states that the Department must show a permanent and substantial incapacity. (AR000758; 762; 764; 765.) The lack of permanence appeared to be a basis for the decision (AR000762, par. 16) and the ALJ's references to the controlling statutes and Mansperger v. Public Employees Retirement System, (1970) 6 Cal.App.3d 873, does not cure the error. That error al...

Excerpt: ... the April 4, 2018 hearing is re‐affirmed. At the April 4 hearing the court took the motion under submission to more fully consider the argument by plaintiff David Norton that the order denying defendant Otis Elevator Company's motion for summary judgment required that this motion be denied. Because Otis's motion was denied due to Otis's failure to satisfy its burden of production, not because there was a triable dispute, the ruling...

Excerpt: ...cribing the feel and sight of the vomit and her experience of coming into contact with similar substances raise a reasonable inference, when viewed in the light most favorable to her, from which a trier of fact could find that the vomit had been on the platform long enough and was of such obvious nature to have been discovered by BART in the exercise of due care. (Catalan Depo. 31‐33; Catalan Dec. par. 15). Ms. Catalan's declaration, which ...

Excerpt: ...insurance bad faith for failure to properly investigate a claim; and b) sustained with twenty days leave to amend as to the fourth, fifth, sixth, and seventh causes of action for misrepresentation, false promise, fraud, and negligent infliction of emotional distress. CSAA's argument that it is not the insurance company that issued the automobile insurance policy is not amenable to resolution at the pleading stage. Plaintiff Trent Jason adequa...

Excerpt: ...Group, LLC's motion to quash service of summons and alternative motion to dismiss are denied. Plaintiffs Michael Gauthier and Vista Medical Communications, Inc. have shown that this court has specific jurisdiction over CRG. Plaintiffs' claims arise out their contractual relations with CRG, a substantial portion of which occurred in California. The parties to the contract contemplated performance in California. On behalf of CRG, Mr. Gauthier solic...

Excerpt: ...o so in good faith, particular facts showing recklessness to support a claim for elder abuse. Plaintiffs' allegations of recklessness and understaffing in violation of regulations are conclusory. Paragraph 36 alleges that decedent was provided a sitter, but that the sitter monitored two patients rather than one and this violated the physician's order. This allegation pleads a negligent undertaking of medical services rather than recklessn...

Excerpt: ...er concedes it had the burden to prove that an arbitration award "may be rendered ineffectual without provisional relief" because respondent has "financial difficulties." (See id.) The evidence petitioner proffered with its motion was largely that respondent has not paid legal bills he owes it. However, petitioner repeatedly acknowledges this may be due to respondent's "unwillingness" to pay rather than any inability. ...

Excerpt: ...INC., YUNJI QIAN Notice Of Motion And Motion For An Order For 1. Access To All Books Records Documents And Other Things Of Qian And Nemecek Llp 2. An Accounting Of Qian And Nemecek And 3. The Court To Take And Place Qian And Nemecek Llp Under The Courts Judicial Supervision For The Purpose Of Winding Up. Qian's motion (1) to access the firm's books (2) compel an accounting and (3) compel judicial supervision is granted in part. Qian's...

Excerpt: ...18. Judge Kahn issues the following tentative ruling: The motion for reconsideration is granted. No opposition filed and good cause shown. Defendant declares under penalty of perjury that he did not receive plaintiff's opposition to defendant's motion for judgment on the pleadings and therefore did not have a chance to file a reply brief. The court vacates the underlying order denying the motion for judgment on the pleadings that was ente...

Excerpt: ... violations in the complaint filed by plaintiff Tammy Vannorsdall is sustained with twenty days leave to amend as to all four causes of action. As written in the complaint, all four causes of action are uncertain because more than one claim is alleged or at least arguably alleged in each cause of action. Ms. Vannorsdall must allege each claim as a separate cause of action. Discrimination and harassment based on different protected characteristics...

Excerpt: ... to delete "the R.J. Reynolds Tobacco Company paid over $3 million to collect signatures to overturn the ordinance" and replace it with "The R.J. Reynolds Tobacco Company paid over $3 million to fund a campaign to overturn the ordinance" in the Argument in Favor of Proposition E and the court is agreeable to adopting the stipulation as an order on this writ. The language in the Yes/No statements in the Official Digest for Proposit...

Excerpt: ...cuments And Imposing Monetary Sanctions Pro Tem Judge Peter Van Zandt, 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 Judge. If all parties to the motion sign the stipulation, the hearing will proceed...

Excerpt: ... 1 of 2) Defendants San Francisco Unified School District, Sara Shenkan-Rich, Ryan Young, Gini Dold, and Daniel Bridges' motion for summary judgment is denied and their alternate motion for summary adjudication is granted as to the second cause of action and denied as to the other three causes of action in the first amended complaint filed by plaintiff Monzerrat Mendoza. Defendants failed to satisfy their initial burden of production as to th...

Excerpt: ...struing the evidence presented by plaintiffs Kathy Austin‐Robinson and Richard Robinson's and drawing all reasonable inferences from that evidence, the declaration of Valerie Stephenson‐Boyd creates a triable issue precluding summary judgment in favor of Delancey Street. The objections to the declaration of Ms. Stephenson‐Boyd are overruled. Moreover, the declarations of Ms. Austin‐Robinson and the deposition testimony of Anthony Rive...

Excerpt: ...tive Stay The Action Pursuant To California Code Of Civil Procedure ?410.30. Defendant Renewable Energy Trust Capital, Inc.'s motion to dismiss is denied and its alternative motion to stay pending the conclusion of the New York lawsuit is granted. Because it is not clear that the New York lawsuit can or will resolve all the claims alleged in this action, dismissal of this lawsuit is unwarranted. However, application of forum non conveniens pr...

Excerpt: ...ernative motion for summary adjudication are denied. Ng fails to satisfy its initial burden of production. Ng relies on the declarations of Carole Kendall and Laurie Freire and defendants' discovery responses to show that it is entitled to summary judgment/adjudication on its claims. None of that evidence properly authenticates the underlying loan documents. Ng's motion is largely based on the Kendall declaration. Ms. Kendall is an employ...

Excerpt: ...ay is entitled to judgment in its favor on both of the two causes of action in the complaint filed by plaintiff David Norton. Safeway presented admissible evidence that it lacked actual or constructive notice that the elevator's warning or buzzer system was malfunctioning. The store manager declares that there was no notice. (Rubio Dec., pars. 8‐18). In opposition, Mr. Norton cites Otis Elevator Company's On‐Line History Reports. The ...

Excerpt: ...tion in the alternative is denied as to the first and second causes of action (issue 1) and economic damages (issue 2) and granted as to plaintiff Pedro Rosa's request for punitive damages (issue 3). There are triable disputes whether (1) lifting over ten pounds and frequent gripping, grasping, and pulling with his right hand were essential duties of the position of a crew member and (2) Mr. Rosa could have performed these assertedly essentia...

Excerpt: ... (Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App. 4th 1347, 1356.) Moreover, the sole evidence in support of the motion is plaintiff's own declaration, which mentions counsel but once and in passing. Further, a party has a right to counsel of his choice. (Mills Land & Water Co. v. Golden West Refining Co. (1986) 186 Cal.App.3d 116, 126.) Any party who contests a tentative ruling must send an email to [email protected] wit...

Excerpt: ... 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 as a Superior Court Judge. If a pa...

Excerpt: ... as a separate count from negligence. California is a notice-pleading jurisdiction; defendants have notice of the negligence per se theory. Count 3: Intentional misrepresentation is adequately pled. Defendants' arguments regarding reliance are improper at the pleading stage. Count 4: Conspiracy to commit fraud is adequately pled. A complaint may plead in the alternative and acts by individual defendants are alleged. (See, e.g., FAC 23:11-15.)...

Excerpt: ...dmin Code sec. 10.22‐2. Plaintiff fails to show compliance with the express terms of the Full and Final Release (i.e. SFPD approval) and there has been no compliance with the direct party participation requirement of CCP 664.6. (See Levy v. Superior Court (1995) 10 Cal.4th 578, 584; Sims Dec., par. 6.) The court denies CCSF's request for sanctions. Defendant failed to comply with the separate notice of motion and safe harbor provisions of C...

Excerpt: ...d) Against Cross‐Defendant Thyssenkrupp Elevator Corporation. Cross‐complainant City and County of San Francisco's motion for summary adjudication on its fifth cause of action for declaratory relief for a duty to defend against cross‐defendant Thyssenkrupp Elevator Corporation is GRANTED. Based on the undisputed facts, the City is entitled to a declaration that Thyssenkrupp is obligated to defend it against the claims alleged by plainti...

Excerpt: ...imination: Gov't Code 12940): DENIED. Plaintiff asserts he was terminated discriminatorily and without notice after a month's leave for a severe hematoma. A medical leave can be a reasonable accommodation, though plaintiff is wholly unable to work during the leave. (Nunes v. Wal‐ Mart Stores, Inc. (9th Cir. 1999) 164 F.3d 1243, 1247.) This and the evidence that defendant did no cost‐ benefit analysis of hiring someone to replace plain...

Excerpt: ...gned 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 stipulation may be signed via fax or consent to sign given by ema...

Excerpt: ...enue is determined based on the complaint on file at the time the motion to change venue is made." (Brown v. Sup. Crt. (1984) 37 Cal.3d 477, 482.) Plaintiff alleges causes of action for breach of contract as well as tort claims such as breach of fiduciary duty, conversion, and fraud. Different venue provisions apply to the tort claims and breach of contract claims. Plaintiff brings a "mixed action." "In cases with mixed causes of ...