Excerpt: ...position that the doctrine of exclusive concurrent jurisdiction does not apply to PAGA actions. The recent developments in the other actions are not grounds to lift the stay. Several of those actions are still pending and the claims in those actions (e.g. Locacruz case) are sufficiently similar to warrant continuance of the stay. The court notes that the claims in two actions need not be identical to invoke the doctrine of exclusive concurrent ju...

Excerpt: ...ologies Usa, Inc. Or, In The Alternative, To Compel Further Responses To Requests For Production & For Monetary Sanctions. Pro Tem Judge Charles Geerhart, 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 Te...

Excerpt: ...oward is awarded attorney's fees against plaintiff Ron Newt in the amount of $24,000. No opposition filed. Mr. Howard is entitled to an award of fees since he succeeded in having all claims alleged against him dismissed on his anti‐SLAPP motion. Mr. Howard's request for a fee award of $43,521.50 is excessive given the issues involved in this motion, the anti‐SLAPP motion, and the fact that Mr. Howard and others had previously filed a ...

Excerpt: ...zuko Artus is granted as to the first cause of action for injunctive relief and appointment of monitor and the fifth cause of action for breach of covenant of good faith and fair dealing and denied as to the second, third and fourth causes of action concerning the election rules and sale and leasing guidelines. GTCA satisfied its first prong burden of showing that all five causes of action alleged by Dr. Artus arise from activity protected by the...

Excerpt: ... judgment on the pleadings is denied. CCP 361, not governmental interest analysis, provides the rule for determining which state's statute of limitations applies to this case. (McCann v. Foster Wheeler, LLC (2010) 48 Cal. 4th 68, 87). For purposes of CCP 361, a cause of action on a claimed debt arises where the payments on the debt were to be made. (Western Coal & Mining Co. (1946) 27 Cal. 2d 819, 829). Although the place of payment may be th...

Excerpt: ... Supporting Papers. Defendants' motion to seal their opposition papers to plaintiff's motion for a preliminary injunction is granted. No opposition filed and good cause shown. Any party who contests a tentative ruling must send an email to [email protected] with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include t...

Excerpt: ...ount Of $1,490.00 Against Defendant. Plaintiffs' motion for an order to have requests for admission deemed admitted and for monetary sanctions is denied in its entirety. While it is true that there is no pre‐filing meet and confer requirement for this motion, the court concludes that, had plaintiffs' counsel contacted counsel for Dr. Crane in advance of the motion, Dr. Crane would have agreed to provide the requests for admission respon...

Excerpt: ...filed by plaintiff Roger Senders. Airbnb has shown that Mr. Senders assented to the Terms of Service, including the arbitration language therein, because the sign up screen adequately informed Mr. Senders that, by clicking to sign up, he was agreeing to the Terms of Service. The notice "by signing up, I agree to" is placed in close proximity to the three boxes where a consumer clicks to sign up, the text is in bold letters, and the hyperl...

Excerpt: ...cs, Inc. is denied as to all eight causes of action. Notwithstanding defendants' failure to meet and confer in "person or by telephone" as required by CCP 439, the court will address the merits of the motion. Paragraph 25 of the complaint adequately identifies Gill's claimed trade secrets that were allegedly misappropriated by defendants to withstand a pleading motion. The court does not address the distinct issue of compliance wi...

Excerpt: ...causes of action for breach of contract and fraud by false promise and overruled as to the fourth cause of action for fraud by intentional misrepresentation. Mr. Artega has leave to amend the breach of contract claim to clarify the precise contract price and what he is alleged owed. Mr. Artega has leave to amend the false promise claim to allege with specificity when the promises alleged in paragraphs 33-34 were made and whether they were verbal ...

Excerpt: ...Powers' petition for writ of mandate is denied. The petition is both untimely and substantively without merit. Mr. Powers is seeking relief from an order that was served on April 28, 2017. Per Vehicle Code 13559, Mr. Powers had 30 days to seek judicial review of that order and an additional 4 days is added per Vehicle Code 23 due to mail service. Mr. Powers filed this case on June 9, 2017, which was 8 days late. Mr. Powers' citation to th...

Excerpt: [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. If the tentative ruling is not contested, the court will sign the proposed order submitted with the moving papers. =(302/HEK) Case Number:CGC17563425Case Title:FRANCISCO HARRISON DR VS. GRYPHON INVESTORS LL...

Excerpt: ...s In Support Of Determination Of Good Faith Settlement (Ccp 877.6). Defendants ACEH Capital LLC, Greg Wang, and Miki Yang's motion to seal their settlement agreement with plaintiff Ying Gu is denied. The motion does not comply with CRC 2.550(d). Defendants fail to explain how the interest in facilitating settlement overrides the right of public access in this case. It is unclear how making the settlement and/or settlement amount available to ...

Excerpt: ...ion does not identify any new law, facts or circumstances that warrant reconsideration. The motion also fails to include a declaration in compliance with CCP 1008(a). Mr. Rosenberg's moving papers suggest that he was blindsided at the hearing by the court's reference to Lefebvre v. Southern California Edison (2016) 244 Cal.App.4th 143, but that case was cited in PG&E's moving and reply papers on the demurrer. Notwithstanding that ther...

Excerpt: ...ted with ten days leave to amend as to the first cause of action for involuntary dissolution and denied as to the second cause of action for removal of director. As to the first cause of action, the motion for summary adjudication is treated as a motion for judgment on the pleadings. (C.L. Smith Co. v. Roger Ducharme, Inc. (1977) 65 Cal.App.3d 735, 745.) Mr. Cunningham correctly cites Weisman v. Odell (1970) 3 Cal.App.3d 494, 498 for the proposit...

Excerpt: ...iding this case. Defendant Regents of the University of California's demurrer to fourth, seventh, and eighth causes of action in the complaint filed by plaintiff Eunice Neeley is: a) sustained with twenty days leave to amend as to fourth cause of action for negligent retention of an unfit employee; b) sustained without leave to amend as to the seventh cause of action for injunctive relief; and c) overruled as to eighth cause of action for dec...

Excerpt: ...uhamadiev has failed to provide evidence establishing his entitlement to set aside the default of default judgment entered against him. The May 5, 2017 order states that Mr. Muhamadiev had until May 25, 2107 to file a response to the complaint. He didn't do so and plaintiff State Farm Mutual Automobile Insurance Company obtained entry of default and default judgment against him. Mr. Muhamadiev did not file his motion until more than six month...

Excerpt: ...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. Counsel for defendants is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must bring it to the hearing or email it to contestdept302...

Excerpt: ...e a summary judgment or summary adjudication motion as to defendant Richard Villaroman. Plaintiffs have shown good cause for the changes they seek to make to their complaint and giving them leave to make those changes comports with California's policy of liberally allowing amendments to pleadings at any time. Mr. Villaroman's arguments that plaintiffs knew about any claims they had against Ms. Stone when they filed their complaint is, in ...

Excerpt: ... JUDGMENT Or, In The Alternative, Summary Adjudication. (Part 1 of 2) If the tentative ruling is contested, the hearing will be at 1:30pm, not 9:30am unless counsel for either side is unable to appear at 1:30pm. Plaintiffs' motion for summary judgment or, in the alternative, summary adjudication is denied in its entirety. As to the first issue, the City's prior demurrer arguments are not judicial admissions precluding the City from seekin...

Excerpt: ...etion and the approval was reasonable. The declaration of the plaintiffs' expert contradicting the reasonableness of the approval is insufficient to defeat immunity. Plaintiffs failed to identify any change in physical conditions of the property after the design approval and before the incident. The trap exception of Government Code 830.8 does not defeat the design immunity of Government Code 830.6. Fairly read and as explained by later autho...

Excerpt: ...en 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 sign given...

Excerpt: ... Code Civ. Proc. 425.16(G) ("Anti‐Slapp"). Plaintiff Kazuko Artus' motion for leave to conduct specified discovery pending defendant Gramercy Towers Condominium Association's anti‐SLAPP motion to strike is denied. Dr. Artus fails to show she needs any of the discovery she wishes to propound to enable her to defeat GTCA's anti‐SLAPP motion. Moreover, Dr. Artus provides no explanation why the motion was not filed earlier. ...

Excerpt: ...39;s Motion For Judgment On The Pleadings. Plaintiffs' motion for judgment on the pleadings is denied. The motion is not a proper motion for judgment on the pleadings. To the extent the motion seeks a ruling on the permissible scope of discovery, plaintiffs should file a motion for protective order or assert objections to discovery served on them. In either event, it is not possible to intelligently resolve such a motion outside the context o...

Excerpt: ... Ruling Only) Respondent's arguments against an order compelling compliance are unavailing. Contrary to Respondent's contention, based on the above‐cited statutory provisions, this Court has authority to compel compliance of a non‐party subpoena issued in arbitration. None of the cases cited by Respondent dictate otherwise. Given the state of the meet and confer process between Petitioners and Respondent, Respondent's amended obje...