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: ...ligence and nuisance causes of action rely on the same facts about lack of due care, the nuisance claim is a negligence claim." (El Escorial Owners' Ass'n v. DLC Plastering, Inc. (2007) 154 Cal.App.4th 1337, 1349.) Plaintiff also lacks standing for prospective relief. Section 3493 of the Civil Code specifically provides that "A private person may maintain an action for a public nuisance, if it is specially injurious to himself, bu...

Excerpt: ...nuisance causes of action rely on the same facts about lack of due care, the nuisance claim is a negligence claim." (El Escorial Owners' Ass'n v. DLC Plastering, Inc. (2007) 154 Cal.App.4th 1337, 1349.) Plaintiff also lacks standing for prospective relief. Section 3493 of the Civil Code specifically provides that "A private person may maintain an action for a public nuisance, if it is specially injurious to himself, but not otherw...

Excerpt: ... because the federal district court has ordered arbitration of the dispute between plaintiff Division SIX Sports, Inc and Levi Strauss Asia Pacific Division Pte, Ltd, pursuant to their arbitration clause in the Master Service Agreement and arbitration claims have been filed by Levi Strauss & Co and Levi Strauss Asia Pacific Division Pte , Ltd against plaintiff pertaining to the MSA. The interpretation of the integration clause of the MSA and its ...

Excerpt: ...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 st...

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...

Excerpt: ...ird amended complaint filed by plaintiff Hershorin & Henry, LLP is denied in its entirety. The TAC adequately alleges both an enforceable contract and reliance damages based on H&H's payment to the LLC notwithstanding its receipt of notice of the attorney's lien. Nor did the court order mandate the payment to the LLC and, even if it did, there were changed circumstances once the attorney's lien was filed. The TAC also adequately alleg...

Excerpt: ...ird Party Defendant Fetch Media, Ltd. To Stay This Action Pending Resolution Of Fetchs Declaratory Judgment Action In Federal Court. Plaintiff Phunware, Inc.'s and cross‐defendant Fetch Media, Ltd.'s renewed motion to stay action pending resolution of Fetch's declaratory judgement in federal court is continued to February 28, 2018 to give the federal court the opportunity to issue a ruling on Uber's motion to dismiss or stay the...

Excerpt: ...aside the default and default judgment entered against defendant Williams & Burrows, Inc. is granted in part and denied in part. Hartford Fire Insurance Company and Nationwide Insurance Co. demonstrated that the Court should invoke its inherent, equitable power to set aside a default judgment on the ground of extrinsic fraud or mistake because they demonstrated a meritorious defense, a satisfactory excuse for not presenting a defense to the origi...

Excerpt: ...Pro Tem Judge J. Timothy Nardell, 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: ...pel arbitration and stay proceedings is granted. The complaint filed by plaintiff Marina Rasnow‐Hill alleges claims "arising out of or related to" the Physician Employment Agreement. The gravamen of Dr. Rasnow‐Hill's action is that she was a non‐exempt employee. Section 7.4 of the agreement states that Dr. Rasnow‐Hill is an exempt employee. Dignity Health did not waive the right to seek arbitration. The agreement provides that...

Excerpt: ...tive Ruling Entry Purposes Only) (Part 2 of 2) The arbitration agreement does not state how the arbitration fees will be paid and thus the court assumes that Dignity Health will pay the fees, as it acknowledges it will do. (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 112 ‐113.) The bilateral meet and confer or dispute resolution process set forth in the agreement is not unconscionable. "We also disagree wi...

Excerpt: ...For Monetary Sanctions. Defendants Anne and Matthew L'Herureux's motion for terminating sanctions is granted. Ms. Ahluwala's repeated failure to attend her deposition without providing any admissible evidence supporting a medical or other excuse shows that she has no intention to sit for a deposition in this case. Under these circumstances, the prejudice to defendants from Ms. Ahluwala's discovery abuse cannot be remedied by anyth...

Excerpt: ...nied and its alternative motion for summary adjudication is granted as to the second and fourth causes of action for denial of reasonable accommodation and failure to engage in the interactive process and denied as to the first, third and fifth causes of action for disability discrimination, retaliation and wrongful termination in violation of public policy. There is a triable dispute whether Mr. Dayton's termination from his probationary pos...

Excerpt: ...n 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 stipulati...

Excerpt: ...nded complaint filed by plaintiff Hershorin & Henry, LLP is overruled in its entirety. The TAC alleges sufficient facts for all four claims. The TAC adequately alleges that there was consideration for the indemnity contract because H&H agreed to pay the LLC $44,477.07 notwithstanding its receipt of notice of the attorney's lien. Even though Chicago Title did not sign the agreement, it accepted the agreement by performing because it paid the f...

Excerpt: ...the arbitration award is granted in part. All of the findings and conclusions in paragraphs 1 and 2A‐D on pages 42 and 43 of the final award are confirmed. The findings and conclusions in paragraph 2E on page 43 of the final award are corrected to provide for attorney's fees awards of $371,632.50 and $1,057.50 (instead of $701,972.50 and $1,997,50) for total corrected awards in favor of Mr. Boschetti against respondent Adam Sparks as truste...