Excerpt: ... of entry of Tentative Ruling.) 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 be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the ...

Excerpt: ... rented scooter, he ran over a "drop off" and into "thousands of asphalt pebbles and pellets," fell and was severely injured. Plaintiff sued the City and County of San Francisco, its contractor Ghilotti Bros., Inc. and Skinny Labs for general negligence, the former two co‐defendants for premises liability and the latter for products liability. Skinny Labs cites an arbitration clause in its online rental agreement, but neither the City nor Ghilo...

Excerpt: ...ned with leave to amend. 4 (concealment). Less specificity is required in the context of negative fraud or "when it appears from the nature of the allegations that the defendant must necessarily possess full information concerning the facts of the controversy . . . ." (See Alfaro v. Community Housing Improvement System & Planning Assn., Inc. (2009) 171 Cal.App.4th 1356, 1384.) This demurrer is overruled. 7‐10 (assault, sexual battery, intention...

Excerpt: ...orth 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 sti...

Excerpt: ...tion under Code of Civil Procedure section 437c(p)(2). Defendant argues that it is entitled to summary judgment because it did not employ the forklift operator and therefore cannot be held vicariously liable under the doctrine of respondeat superior. Liberally reading the Second Amended Complaint per Code of Civil Procedure section 452, however, the pleading also raises issues of premises liability and negligent entrustment. (See, e.g., par. 17 [...

Excerpt: ... 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 stipulation ma...

Excerpt: ...o another proper county when "the convenience of witnesses and the ends of justice would be promoted by the change." The burden is on the party seeking a change of venue to prove that both the convenience of witnesses and the ends of justice would be promoted by the change. (Corfee v. Southern California Edison Co. (1962) 202 Cal.App.2d 473, 477.) In this action, Plaintiff alleges that she suffered discrimination, harassment, and retaliation, amo...

Excerpt: ...a breach of contract claim, plaintiff must allege: (1) the existence of a contract; (2) plaintiff's performance or excuse for nonperformance; (3) defendant's breach; and (4) damage to plaintiff therefrom. (Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186; see also CACI 303.) Here, the face of the amended complaint shows that co‐defendants (the News) entered into the adduced agreement with plaintiff and there are no facts showing how East We...

Excerpt: ...disbursed to defendant Montiel forthwith. The parties entered into an accord and satisfaction when plaintiff's counsel stated: "I see no reason to be arguing with you so we have decided to reduce our clients' demand into the above‐ referenced escrow to $539,220.07" and then that sum was remitted to plaintiff. (Smurro Decl., Ex. F.) Thus, the underlying 2013 judgment was fully satisfied in June 2016, when escrow closed. (Code Civ. Proc. sec. 724...

Excerpt: ...Tem Judge Noah Lebowitz, 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 decide the ...

Excerpt: ...MPANY A/S/O ANG LI's Motion To Compel Further Responses To Form Interrogatories, Special Interrogatories, Request For Admissions And Request For Production Of Documents, And Request For Sanctions: Pro Tem Judge Katherine Gallo, 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 ...

Excerpt: ...laintiffs did not meet their burden to show they are entitled to disgorgement of the full $411,892.96 paid to O'Reilly. "The "term 'compensation' as used in [Business & Professions Code 7031(b)] denotes sums claimed as an agreed price, fee or percentage earned by performance, and also sums claimed as the reasonable value of work done under implied contract." (Ahdout v. Hekmatjah (2013) 213 Cal.App.4th 21, 32.) It remains disputed what part of the...

Excerpt: ...Court granted a default judgment in favor of plaintiff in the amount of $4,609.13. Plaintiff now seeks to set aside that judgment under Section 473(b) of the Code of Civil Procedure, contending that it inadvertently failed to appear at the prove up hearing set for January 9, 2020, but did appear the next day and found out that the case had been dismissed due to its failure to appear. However, no such scheduled hearing or dismissal appears on the ...

Excerpt: ...terrogatories: Pro Tem Judge Bruce Highman, 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 w...

Excerpt: ...lternative motion to strike punitive damages from the FACC is denied. Punitive damages may be awarded against an escrow agent for violating escrow instructions or concealing information from a party to the escrow, which are among the allegations D 27 brings against Old Republic Title here. (Virtanen v. O'Connell (2006) 140 Cal.App.4th 688, 714-715; Moe v. Transamerica Title Ins. Co. (1971) 21 Cal.App.3d 289, 303.) Old Republic Title's alternative...

Excerpt: ...em Aaron Minnis at 1:30 p.m. The Pro Tem Judge has emailed a Zoom invitation directly to the parties for the hearing. Judge Pro Tem Aaron Minnis has issued the following tentative ruling: Granted, in part. The motion is timely because it was electronically served on March 31, 2021, the last date per the parties' stipulation. See Young Decl Para. 13:15‐18. The motion is granted as to requests for production relating to the parties' jointly‐tit...

Excerpt: ...e several issues regarding the character of plaintiff's shares in defendant Imperfect. The Court rules as follows: 1. Whether Plaintiff's "Unvested" Shares of restricted stock of Imperfect Foods constitute wages under California law. The Court grants summary adjudication in favor of defendants on issue 1 2. Whether the Forfeiture provision set forth in Section 2(a) of the Restricted Stock Agreement entered into between Plaintiff and Imperfect Foo...

Excerpt: ...��complaint without leave to amend, but with permission to refile those claims in the family law case between Ms. Zolfaghari and Mr. Ostrin [In re Marriage of Jerry Ostrin and Kathia Zolfaghari, Case No. FDI‐15‐784382], and stayed all causes of action in the cross‐complaint alleged against Mr. Ostrin pending the conclusion of the family law case. The order provided that if any of the causes of action of the cross‐complaint have not been f...

Excerpt: ... overall, not to a party who prevailed only at an interim procedural step." (DisputeSuite.com, LLC v. Scoreinc.com (2017) 2 Cal.5th 968, 977; accord, City of West Hollywood v. Khiagi (2017) 16 Cal.App.5th 739, 753.) In DisputeSuite.com, the California Supreme Court discussed with approval several cases in which "a party has won a procedural victory, ending the contract litigation in one court but the litigation has continued or could continue in ...

Excerpt: ...ria are met. [citation] This burden must be met by competent evidence in affidavits and authenticated documentary evidence." (Ziller Electronics Lab GmbH v. Superior Court (1988) 206 Cal.App.3d 1222, 1232‐1233; see also BBA Aviation PLC v. Superior Court (2010) 190 Cal.App.4th 421, 428‐429 ["The plaintiff must do more than merely allege jurisdictional facts; plaintiff must provide affidavits and other authenticated documents demonstrating com...

Excerpt: ...nt motion is denied in its entirety. Summary adjudication is denied as to plaintiff's first cause of action for retaliation. Triable issues of fact exist as to whether plaintiff's complaint to human resources constitutes "protected activity" under Labor Code section 1102.5(b). Defendant argues plaintiff did not engage in protected activity under the Whistleblower Statute because plaintiff's report concerned "internal personnel matters" only. (See...

Excerpt: ...fter slipping and falling on water at an apartment building. Defendant Charybdis, LLC leases the property to defendant Columbus Residence LLC, which contracted with JB for cleaning services. The contract calls for JB to indemnify Columbus for JB's negligence, but no party filed a cross‐claim. JB moved for summary judgment on plaintiff's complaint. Plaintiff filed a non‐opposition; she says facts learned in discovery make her claim against JB ...

Excerpt: ...crimination (count 6). Plaintiff's opposition does not mention ‐ and thus abandons ‐ count 6, so summary adjudication is granted on it. In count 1, the complaint alleges: "Defendant retaliated against Plaintiff for his reports about suspected money laundering involving an elderly patron " "It is to the allegations in the complaint to which the summary judgment motion must respond." (Laabs v. City of Victorville (2008) 163 Cal.App.4th 1242, 12...

Excerpt: ...KN Holdings LLC v. Faerber (2015) 61 Cal.4th 813, 824 [noting preference for use of the phrase "claim preclusion" over "res judicata"].) First, Walsh fails to demonstrate that the New York action involved the "same transaction or series of transactions" for purposes of claim preclusion. (Silberstein, Awad & Miklos, P.C. v. Spencer, Maston & McCarthy, LLP (841 N.Y.S. 2d 623, 624.) Walsh cites no law that allows a New York court to adjudicate torts...

Excerpt: ...concurrently with Defendant's Reply. (Bellow Decl. Ex. A; San Diego Watercrafts, Inc. v. Wells Fargo Bank, N.A. (2002) 102 Cal.App.4th 308, 316.) Defendant sustained its initial burden under Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 855. Defendant presents evidence that none of the HVAC wall mount products Defendant manufactured utilized gaskets except the WAG Series Wall Mount Products, which were first manufactured in the late 19...

Excerpt: ...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 party app...

Excerpt: ...es To Request For Production Of Documents, Set One; Request For Entry Of $10,000 In Monetary Sanctions Against Defendant And Cross-Claimant Legalmatch.Com: The report and recommendation of the judge pro tem is adopted. Plaintiff's motion to compel further responses to request for production of documents is granted. Plaintiff's request for sanctions against LegalMatch.com is granted in the amount of $10,000. The Court adds that independent of the ...

Excerpt: ... in an action ... resides out of the state, ... the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees which may be awarded in the action ....[the] motion shall be made on the grounds that the plaintiff resides out of the state ... and that there is a reasonable possibility that the moving defendant will obtain judgment in the a...

Excerpt: ...ck Of Good Faith And Reasonable Cause In Bringing Proceeding Under Tort Claims Under CCP 1038 And An Award Of Post CCP 998 Costs: The Court found in its April 27, 2021 order that Cross‐Defendant City of South San Francisco is entitled to recover its attorney's fees and other costs incurred in defending Defendants and Cross‐Complainants Luen Shee Shek and Shek Construction's cross‐complaint from August 24, 2018 to the present. Under Code of ...

Excerpt: ... is filed "with the purpose of enforcing plaintiff's judgment" as to case number CGC-10-500534. (FAC para. 25.) However, in that case, this court granted the City's judgment on the pleadings, dismissed the case with prejudice and entered judgment in favor of the City. The Court of Appeal affirmed this court's judgment. Contrary to plaintiff's apparent misimpression, no judgment was ever entered in her favor. There can be only one final judgment i...

Excerpt: ...s "internet‐oriented services and infrastructure to residents and/or commercial entities" in San Francisco, and that it has negligently maintained its CATV internet cabling boxes by failing to ensure that their covers are fastened, such that vehicles driving over those boxes generate "gunshot‐like" noise that disturbs plaintiff. (FAC paras. 6‐8.) Plaintiff asserts that his complaints to the City's Department of Public Works have gone unansw...

Excerpt: ...lemental opposition," nor her declarations, which improperly rely upon matters outside the pleadings. It is unclear what allegations Defendant Houston is being asked to respond to or what claims are asserted against her. The only allegations referring to her in the lengthy second amended complaint that the Court has been able to locate that have any factual content at all appear on pp. 13 and 26, where plaintiff alleges that on March 6, 2020, Hou...

Excerpt: ...rt of order to show cause re preliminary injunction is denied. Frith has withdrawn the motion in part as to certain assertedly confidential commercial business information contained Exhibits O through Q. As to the balance, the Court cannot find that the factors set forth in Rule 2.550(d) are satisfied. The motion is supported solely by a brief conclusory declaration of counsel lacking personal knowledge, which is insufficient to meet Frith's burd...

Excerpt: .... This motion to quash originally came on for hearing on February 16, 2021. On March 3, 2021, the Court issued an order explaining that plaintiff had not met his burden of demonstrating sufficient minimum contacts for general or specific jurisdiction. (See Ziller Electronics Lab GmbH v. Superior Court (1988) 206 Cal.App.3d 1222, 1232‐1233; BBA Aviation PLC v. Superior Court (2010) 190 Cal.App.4th 421, 428‐429 ["The plaintiff must do more than...

Excerpt: ...ts 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 party appears by telephone,...

Excerpt: ...t 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: ...t is denied without prejudice to plaintiff refiling the motion on the basis of a proper showing. Although plaintiff's supplemental filings provide marginally more information than their initial moving papers, they remain singularly uninformative as to the relevant factors under Kullar. Thus, counsel's declaration refers to "analysis of that data sampling and rates of non‐compliance gathered from the sampling," but without explaining what data w...

Excerpt: ...anctions. Pro Tem Judge Aaron Minnis, 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 wil...

Excerpt: ...ntative Ruling). Pro Tem Judge Aaron Minnis, 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 ...

Excerpt: ...ll 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 party appe...

Excerpt: ...ersonal jurisdiction, the plaintiff must prove, by a preponderance of the evidence, the factual basis justifying the exercise of jurisdiction . . . The plaintiff must do more than merely allege jurisdictional facts; plaintiff must provide affidavits and other authenticated documents demonstrating competent evidence of jurisdictional facts." (BBA Aviation v. Sup. Ct. (2010) 190 Cal.App.4th 421, 428‐29.) Plaintiff fails to show that Defendant is ...

Excerpt: ...l burden of production. (See CCP 437c(p)(2).) Plaintiff's eleventh cause of action alleges that SFUSD was negligent in its "hiring, training and retention" of teachers Tobar and Bianchi. (Fifth Amended Complaint, par. 82 (emphasis added).) SFUSD's moving papers make no argument regarding the training claim and SFUSD presents no evidence regarding its training protocol. Therefore, SFUSD does not cite authority or proffer evidence to show that the ...

Excerpt: ...asserted that fees should be reduced because the case was "not complex" and the record not "voluminous." This was due in large part to the judicious way in which Maventus counsel defensed plaintiff's case. A total of $73,125 for a year‐plus of litigation capped by a case dispositive summary judgment motion is reasonable. Second, plaintiff complains that counsel worked "over 60 hours" on their summary judgment motion. Again, based on my 35 years...

Excerpt: ... amend. 5-6, 8 (assault, battery, intentional infliction of emotional distress). Defendants' demurrer ignores the complaint's allegations that "Uber is a common carrier" and thus liable for assaults "regardless of whether such acts were committed within the course and scope of employment for Uber." (Cmpl., 19:8-17.) Defendants argue that "Uber cannot be held vicariously liable for Doe One's acts, even if he were an employee or agent (which he is ...

Excerpt: ...o sustain its initial burden via the factually devoid prong of Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 855. Defendant failed to address Plaintiff's deposition testimony that he was exposed to asbestos caused by components and equipment manufactured and supplied by Defendant. Plaintiff testified that he worked many many times with Allen-Bradley equipment and recognized it with a big A-B, and by the model number and serial number (...

Excerpt: ... 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 party appears by...

Excerpt: ... Compel Further Responses By Defendant City And County Of San Francisco To Requests For Admission, Set One, Form Interrogatories, Set One, And Requests For Production Of Documents, Set One, And To Compel Production Of Documents. Pro Tem Judge Tom Cohen, 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...

Excerpt: ...he allegations of the amended complaint show that plaintiff knew she was entering into a loan with the defendants and was fraudulently induced to do so based on defendants' alleged misrepresentations. (See, e.g., Amended Complaint, pars. 3‐4.) Plaintiff pleads a classic fraud in the inducement claim and there are no facts to support a fraud in the execution claim. In Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 415, t...

Excerpt: ...se of discretion." In fact, I granted a continuance. After parting ways with her lawyer in mid‐November 2020, Holden blew the deadline for opposing the summary judgment motion. I nonetheless continued the summary judgment hearing a month and allowed Holden a late opposition, which she filed. Second, Holden claims "newly discovered evidence" ‐ a purchase agreement. But Holden concedes she and her counsel possessed this document all along. Thir...

Excerpt: ...n is also an omission of a legal duty." (Erlich v. Menezes (1999) 21 Cal.4th 543, 551, 554.) "While Erlich states that a claimant is required to plead a tort duty independent of the contract, Erlich does not address whether improper performance of a professional services contract gives rise to an independent tort duty. . . . Cases decided subsequent to . . . Erlich continue to apply a rule that negligent failure to exercise reasonable care and sk...

Excerpt: ... deposition testimony identifying Joe Ubeda, Fred Sherwood, and John De La Rosa as co‐worker witnesses with knowledge. (Declaration of Jason Rose [Exhibit A at 83:20‐84:8; 86:9‐ 86:24].) Defendant failed to question Plaintiff about his exposure to asbestos from the installation of new gaskets and removal of old gaskets. Defendant's inability to name the brand name, manufacturer, or supplier of old gaskets is insufficient to shift the burden...

Excerpt: ...2019, this Court granted defendants' petition to compel arbitration of this professional negligence action and stayed the litigation. The matter was referred for arbitration to the Hon. James Lambden (Ret.) at ADR Services, Inc. Since that time, the parties have held a number of prehearing conferences, conducted discovery, and the arbitrator has issued a number of written rulings. Before the instant motion arose, the final arbitration hearing was...

Excerpt: ...dering respondents to repeal Resolution No. 211‐12A1, relating to the renaming of San Francisco Unified School District schools, as well as related declaratory and injunctive relief, on the grounds that in enacting that Resolution at its January 26, 2021 meeting, respondent Board of Education violated the Brown Act. On April 6, 2021, after suspending the work of the panel it had previously appointed to advise it regarding the renaming process, ...

Excerpt: ...motion. InstQuest is a corporation that has been unrepresented by counsel since October 28, 2020, after this case was remanded to this court after InstQuest refused to post arbitration fees necessary to allow the arbitration previously ordered by the court to proceed. Since that remand, InstQuest has failed to appear for a noticed deposition, and has ignored communications from Plaintiffs' counsel. The Court will strike Defendant's answer to the ...

Excerpt: .... County of Placer (2019) 41 Cal.App.5th 537, 551 [elements of a conversion claim].) Normally, money cannot be converted, unless a specific sum capable of identification is involved. Such cases typically involve defendants who have misappropriated, commingled, or misapplied specific funds for the benefit of others (e.g., an agent who receives money on behalf of his or her principal, then refuses to account for it on demand). (See PCO, Inc. v. Chr...

Excerpt: ...t For Admissions, Set One, Form Interrogatories (17.1), Set One, Special Interrogatories, Set One, And Request For Production, Set One Responses From Defendant Jack Stephenson And For Sanctions. 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 sig...

Excerpt: ...to Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854‐855. (Williams Decl. Ex. 4, 13:1‐24, 14:5‐15:23; and Ex. 6, 100:21‐101:23; Williams Decl. Ex. 2, response to special interrogatories no. 1 and no. 2.) Defendant has failed to produce evidence proving that "plaintiff does not possess, and cannot reasonably obtain, needed evidence" to establish that Defendant's products exposed Plaintiff to asbestos. (Aguilar v. Atlantic Richfi...

Excerpt: ... (Code of Civ. Proc., 437c(a)(2) ["Notice of the motion and supporting papers shall be served on all other parties to the action at least 75 days before the time appointed for hearing."].) Defendant Whip‐Mix Corporation attempted to file their Motion for Summary Adjudication on February 11, 2021. However, the Clerk's Office rejected the filing as the hearing date in the body of the motion did not match the hearing date in the caption. Defendant...

Excerpt: ...gment is denied. USC fails to burden shift, even under the presumption that Plaintiff Dr. David Springer ("Dr. Springer") was an employee. USC produced Plaintiffs' responses to interrogatories, excerpts from Plaintiffs' depositions, and Dr. Springers' USC dental school transcript. (Schultz Decl., Exs. B-I, M-O.) First, Dr. Springer participated in a mandatory on-campus clinic, received a grade for his clinic work, was supervised by USC dental sch...

Excerpt: ...(Sibiger Decl., Ex. D, Response to Special Interrogatories No. 7.) Defendant failed to produce evidence proving that "plaintiff does not possess, and cannot reasonably obtain, needed evidence" to establish that Defendant's products exposed Plaintiff to asbestos. (Aguilar v. Atlantic Richfield Co., supra, 25 Cal.4th at p. 854.) Plaintiffs' Verified Responses to Defendant's Special Interrogatories, Set One, specify the evidence that would be used i...

Excerpt: ... is denied without prejudice to Plaintiff filing a supplemental submission. Plaintiff has not presented sufficient information to enable the Court to evaluate the reasonableness of the proposed settlement. In order to determine whether a proposed class action settlement is fair and reasonable, a trial court "should consider relevant factors, such as the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further lit...

Excerpt: ...challenges the Coastal Commission's March 11, 2020 approval of a permit for the PureWater Soquel Project, a water recycling and groundwater replenishment project, including development of a new tertiary water treatment facility in the City of Santa Cruz. The petition was filed on June 11, 2020. After extensively meeting and conferring over a period of months with petitioner, who repeatedly requested respondent to delay filing a demurrer and state...

Excerpt: ...ment of causation for any cause of action. Plaintiff David Springer is the only witness against Defendant Douglass Insulation. (Index of Exhibits Ex. K, Plaintiffs' Witness Statement.) Further, it is undisputed that neither of the Plaintiffs will provide product identification evidence against Defendant Douglass Insulation. (Index of Exhibits Ex. J, Deposition of David Springer p.422:11‐17; 450:8‐ 15; Motte Decl. at 1:24 ‐ 2:2.) Plaintiffs'...

Excerpt: ...isrepresentation and the second cause of action for false promise. The court in Reeder v. Specialized Loan Servicing LLC (2020) 52 Cal.App.5th 795 held that in pleading false promise claims, it "is insufficient to show an unkept but honest promise, or mere subsequent failure of performance." (Id. at 804 [citing Riverisland Cold Storage, Inc. v. Fresno‐Madera Production Credit Assn. (2013) 55 Cal.4th 1169, 1183.].) Rather, "something more than n...

Excerpt: ...ive Order As To Confidential Information: 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 be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed b...

Excerpt: ... Court entered an order denying Defendant's prior motion to set aside the same default, which was brought on the very same grounds. The instant motion fails even to mention that prior order, in direct violation of Code of Civil Procedure section 1008(b). That statute provides, "A party who originally made an application for an order which was refused in whole or in part, . . . , may make a subsequent application for the same order upon new or dif...

Excerpt: ..., 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 si...

Excerpt: ...t of Undisputed Material Facts, Nos. 19, 23, 24, 30-31.) Defendant has failed to produce evidence proving that "plaintiff does not possess, and cannot reasonably obtain, needed evidence" to establish that Defendant's products exposed Plaintiff to asbestos. (Aguilar v. Atlantic Richfield Co., supra, 25 Cal.4th at p. 854.) Plaintiff's verified Response to ATKN's Special Interrogatories, Set One, No. 5 cites evidence in support of Plaintiff's allega...

Excerpt: ...on 1281.5. Plaintiff's motion to stay action pending arbitration is denied without prejudice. Under Code of Civil Procedure section 1281.5(b), a claimant may "file and serve a motion and notice of motion pursuant to Section 1281.4 to stay the action pending the arbitration of any issue, question, or dispute that is claimed to be arbitrable under the agreement and that is relevant to the action to enforce the claim of lien." Section 1281.4 allows ...

Excerpt: ...ment, intentional infliction of emotional distress). Defendants' demurrer ignores the complaint's allegations that "Uber is a common carrier" and thus liable for assaults "regardless of whether such acts were committed within the course and scope of employment for Uber." (Cmpl., 17:17‐25.) Defendants argue that "Uber cannot be held vicariously liable for Doe One's acts, even if he were an employee or agent (which he is not), since he acted on p...

Excerpt: ...the required specificity ‐ "how, when, where, to whom and by what means." (Lazar v. Sup. Ct. (1996) 12 Cal.4th 631, 645.) This demurrer is sustained with leave to amend. 4‐6 (assault, battery, intentional infliction of emotional distress). Defendants' demurrer ignores the complaint's allegations that "Uber a common carrier" is liable for intentional torts "whether or not such acts were committed within the course and scope of employment." (Cm...

Excerpt: ...roceedings Against WOJV. Cross-Defendant Webcor-Obayashi Joint Venture's motion to sever the cross-complaint and stay proceedings against Webcor-Obayashi Joint Venture is denied. Severance of the cross-complaint, by which LPC West, Inc. and LPC West Transit Management, LOLC seek equitable indemnity, contribution, and declaratory relief, would disserve judicial economy. (See Colusa Air Pollution Control Dist. v. Superior Court (1991) 226 Cal.App.3...

Excerpt: ...adjudication is denied as moot as to issues two through seven and ten. The rulings on LR's cross-motion for summary adjudication resolve these issues against Spectrum. The motion is also moot as to issues eight and nine (defenses) given that the Court has determined that the cross-complaint substantively lacks merit. To the extent the defenses are still live, the Court would grant summary adjudication against LR as it does not address those issue...

Excerpt: ...adjudication is denied as moot as to issues two through seven and ten. The rulings on LR's cross-motion for summary adjudication resolve these issues against Spectrum. The motion is also moot as to issues eight and nine (defenses) given that the Court has determined that the cross-complaint substantively lacks merit. To the extent the defenses are still live, the Court would grant summary adjudication against LR as it does not address those issue...

Excerpt: ... Boswell Jin Zheng dba Apex Construction's ("Apex") opposition to Hirer's motion. Apex lacks standing to file an opposition to this motion. Hirer's notice of motion is seeking relief solely against plaintiff's amended complaint and not against any other pleading. The summary judgment statute is stated in the singular and allows an "opposition" to be filed, not oppositions. (See, e.g., CCP sec. 437c(b)(2)-(4).) Permitting co-defendant oppositions ...

Excerpt: ...Evidence In Defendant Motion To Compel Arbitration: Plaintiff's motion to strike is denied. The Court views this "motion" as a simple objection to defendant's evidence. Therefore, the Court rejects defendant's arguments that plaintiff failed to comply with Code of Civil Procedure sections 435.5 and 1005. Defendant sufficiently establishes that the adduced records are properly authenticated and admissible under the business records exception to th...

Excerpt: ...Amendment Or, In The Alternative, Correction: Petitioners' petition to confirm arbitration award is denied without prejudice. The Court remands this matter back to the arbitrator to consider the rate of prejudgment interest and the date upon which prejudgment interest should commence. (See DiMarco v. Chaney (1995) 31 Cal.App.4th 1809, 1816-1818 [remanding matter back to arbitrator to determine amount of fees and costs]; Mossman v. City of Oakdale...

Excerpt: ...nvert a demurrer into an incomplete evidentiary hearing in which the demurring party can present documentary evidence and the opposing party is bound by what that evidence appears to show." (Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 115.) Defendant argues he owed no duty towards plaintiff Maurice Smith. However, liberally construing the complaint, plaintiffs sufficiently plead duty as an element of a negligence cau...

Excerpt: ...otion To Strike Portions Of Plaintiffs First Amended Complaint. Defendants' motion to strike the claim for punitive damages on the second cause of action for negligent hiring is granted without leave to amend. "The elements of a cause of action for wrongful death are a tort, such as negligence, and resulting death." (Lopez v. City of Los Angeles (2011) 196 Cal.App.4th 675, 684.) Plaintiff's second cause of action alleges that defendants negligent...

Excerpt: ... cause of action for misrepresentation is overruled. Plaintiff's allegations that Defendant entered into agreements that were "partly written" and "partly verbal," made "verbal promises to pay Plaintiff and to reimburse Plaintiff," and that those representations were made "from mid-2016 through May 2017," are sufficient. (See FAC, pars. 18, 43.) As a result of the COVID-19 emergency, all attorneys and parties are required to appear remotely. Hear...

Excerpt: ...d that holddowns were missing. (Plaintiff's AMF 400, Woods Decl. par. 27; see also O'Connor Decl., par. 9.) Nevertheless, defendant assured plaintiffs that the holddown issue was isolated, that it would be remediated, and was in fact corrected. (Plaintiffs' AMF 407-410, Woods Decl., pars. 29-30.) There is thus a dispute of fact regarding when plaintiffs reasonably should have known of the damage and defendant's alleged breach. Based on the above,...

Excerpt: ...communication (the publishing of tax returns) related to litigation that was contemplated in good faith and under serious consideration. (Strawn v. Morris, Polich & Purdy, LLP (2019) 30 Cal.App.5th 1087, 1095.) This question of fact must be determined before the litigation privilege is applied. Defendants argue threats of litigation existed and that Defendant Wood believed litigation was imminent. (UMF # 18.) However, the privilege arises when li...

Excerpt: ...utoff. Pro Tem Judge Katherine Gallo, 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 wil...

Excerpt: ... action for breach of express and implied warranties. "The general rule is that privity of contract is required in an action for breach of either express or implied warranty and that there is no privity between the original seller and a subsequent purchaser who is in no way a party to the original sale." (Burr v. Sherwin Williams Co. (1954) 42 Cal.2d 6892, 695; Windham at Carmel Mountain Ranch Assn. v. Superior Court (2003) 109 Cal.App.4th 1162, ...

Excerpt: ...Defendants' motion for summary judgment is denied. Defendants' motion for summary adjudication is granted and denied in part. The motion for summary adjudication is denied as to causes of action 1‐3 for violation of the Song‐Beverly Consumer Warranty Act. Defendants failed to maintain their initial burden of production as they fail to show that the 4‐year statute of limitations bars the claims. (See Krieger v. Nick Alexander Imports, Inc. (...

Excerpt: ... and stay is granted. As a Defendant shows that it entered into a Group Agreement and Evidence of Coverage with CalPERS that mandates the arbitration of "any claim" arising out of the Agreement. (Pet., Ex. A at 92.) As a CalPERS member and participant in its group health insurance policy (Compl., par. 4), Plaintiff is bound by that agreement. (Madden v. Kaiser Foundation Hospitals (1976) 17 Cal.3d 699, 705‐709 ["an agent or other fiduciary [suc...

Excerpt: ...r Discovery Responses (Part 2 of 2 for purposes of entry of Tentative Ruling). As a result of the COVID-19 emergency, all attorneys and parties are required to appear remotely. Hearings will be conducted by videoconference using Zoom. To appear at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link (DISCOVERY, DEPT 301 @ 9:00AM), or dial the corr...

Excerpt: ...County. FEHA actions have a special venue requirement that supersedes the general venue rules. An action for a FEHA violation may be brought "in any county in the state in which the unlawful practice is alleged to have been committed, in the county in which the records relevant to the practice are maintained...or in the county in which the aggrieved person would have worked." (Gov. Code, sec. 12965, subd.(b); see also Brown v. Superior Court (198...

Excerpt: ...l.4th 861, 872 ["To survive a demurrer, the complaint need only allege facts sufficient to state a cause of action; each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged."].) As long as the essential facts of some valid cause of action are alleged, the complaint is good against a general demurrer. (Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38-39.) Plaintiff alleges that while dr...

Excerpt: ...ranted in part and denied in part. As to the administrative record, there was no need for Petitioner to file the motion to seal, as the record was required to be lodged rather than filed. (See Cal. R. Ct. 3.1140.) However, because Petitioner has filed a redacted version of the administrative record with the court, that version may remain under seal on the court's public docket, as the complete unredacted administrative record has been lodged with...

Excerpt: ...rements 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 party appears by telep...

Excerpt: ...failed to produce evidence showing that "plaintiff does not possess, and cannot reasonably obtain, needed evidence" to establish that Defendant's products exposed Plaintiff to asbestos. (Aguilar v. Atlantic Richfield Co., supra, 25 Cal.4th at p. 854.) Plaintiffs' Responses to Defendant's Requests for Production, Set One, specify the evidence that would be used in support of Plaintiff's allegations. (Scheffy Decl., Ex. G, Response to Request for P...

Excerpt: ...ng papers rely on California law to argue that the Delaware judgment in Avande, Inc. v. Shawn Evans, et al., CA No. 2018‐0203‐AGB (Del. Ct. Ch.) bars the instant action based on the principle of res judicata (claim preclusion). Plaintiffs aptly note, however, that Delaware law, not California law, governs the preclusive effect of the Delaware judgment. "Under California law, both the validity and effect of a foreign judgment are governed by t...

Excerpt: ...d default judgment is denied in its entirety. Defendants' motion is untimely. "The court may . . . relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect" so long as the application is made "in no case exceeding six months[] after the judgment, dismissal, order, or proceeding was taken." (Code Civ. P...

Excerpt: ... Compel Olivia Nava's Responses To Special Interrogatories (Set One), Requests For Production Of Documents (Set One), And For Monetary Sanctions Pro Tem Judge David McDonald, 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...

Excerpt: ...hat the parties met and conferred "in person or by telephone" in compliance with Code of Civil Procedure section 430.41(a). The Court orders the parties to meet and confer if plaintiff intends to renew his attack on the amended answer. For the parties' guidance, the Court notes the following: (1) defendants' 55 affirmative defenses seem excessive; (2) an affirmative defense must be pleaded with the same care as a cause of action (see FPI Developm...

Excerpt: ...ears ago, on October 19, 2009. Under Code of Civil Procedure section 583.310, "[a]n action shall be brought to trial within five years after the action is commenced against the defendant." If a plaintiff does not comply with the five-year requirement, the action "shall be dismissed by the court or on its own motion or on motion of the defendant." (Code Civ. Proc. Sec. 583.360(a).) In computing the five- year period, "there shall be excluded the t...

Excerpt: ...rve 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 stipulation may be signed ...

Excerpt: ...okin for retaliation is sustained because, as the California Supreme Court held squarely in Jones v. Torrey Pines Lodge Partnership (2008) 42 Cal.4th 1158, supervisors may not be held personally liable for retaliation under the FEHA. (Id. at 1173 ["we conclude that the employer is liable for retaliation under section 12940, subdivision (h), but nonemployer individuals are not personally liable for their role in that retaliation"]; see also Lopez ...

Excerpt: ...Motion For Order To Obtain International Assistance Form The Honorable Czech Republic Supreme Court Pursuant To The Hague Convention Treaty, International Custom, And Judicial Norms; Motion For Order Issuing Letter Rogatory. Pro Tem Judge Steven Stein, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a Temporary Judge, on stipulation of the parties and Order of the Superior Court dated Februar...