Excerpt: ...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 to the motion sign the stipu...

Excerpt: ...ndant Jean Lee's motion for summary judgment is granted. There is a triable dispute whether Mr. Lee's conduct was privileged and bars the four causes of action for slander, libel, intentional infliction of emotional distress, and negligence alleged against him. Assuming that Mr. Lee and the recipients of the publications had a common interest regarding safety at the premises, there are triable issues whether the publications were motivate...

Excerpt: ...o 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 email. If...

Excerpt: ... given leave to file an updated motion that clarifies exactly what fees they are seeking. The new motion should include a table that breaks down the fees by task (e.g. bankruptcy appellate work). The Sangers shall calendar the motion on any day of the week except for Friday. No appearances are necessary and oral argument will not be entertained. =(302/HK) ...

Excerpt: ...ifornia 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...

Excerpt: ...p. Crt. (1980) 111 Cal.App.3d 706, 709; Sheller v. Sup. Crt. (1980) 158 Cal.App.3d 1697, 1713, fn. 22.) The court notes, however, that if Ms. Healy engages in misconduct in this action such misconduct may lead to revocation of her pro hac vice status. 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 th...

Excerpt: ...tively, summary adjudication is DENIED in its entirety. The motion is denied as to the causes of action for strict liability and breach of the implied warranty of merchantability. In Mexicali Rose v. Sup. Crt. (1992) 1 Cal.4th 617, 630, fn. 5, the court explains that the term "natural" refers to bones and other substances natural to the product. It does not encompass substances such as mold, bacteria or other substances not natural to the...

Excerpt: ... Plaintiff; Request For Sanctions, And Request For Evidentiary Sanctions. 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 stipu...

Excerpt: ... action under FELA may be maintained only by decedent's personal representative. (45 U.S.C. ? 59.) It is undisputed that no personal representative has been appointed, therefore no FELA claim may be pursued. This action is stayed pending joinder of a personal representative in compliance with 45 U.S.C. section 59. If and when such personal representative is appointed, plaintiffs shall file a motion to revive the action. If a hearing is reques...

Excerpt: ...eeking to hold one liable for unjustifiably inducing another to breach a contract, must allege that the contract would otherwise have been performed." (Augustine v. Trucco (1954) 124 Cal.App.2d 229, 246.) The complaint here alleges the opposite, saying O'Reilly entered the contracts "without any intention to perform" (para. 170) long before negotiations with Apprenda. Indeed, plaintiff doubles down in his opposition brief: "Br...

Excerpt: ...ney's fees and denied as to request for punitive damages. The allegations regarding drug use and romantic interludes are irrelevant to Mr. Pumm's claims. The tort claims alleged by Mr. Pumm adequately support the request for punitive damages. The complaint does not cite a statutory, contractual, or other legal basis for the request for fees. Mr. Pumm's argument that he might be able to recover fees under Prentice v. N. Am. Title Guar....

Excerpt: ...e Ruling 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 with plaintiff's ...

Excerpt: ... relationship creates a fiduciary relationship. Mr. O'Rourke sufficiently alleges that he had an attorney client relationship with Mr. Cohen and those allegations, which must be accepted as true on this demurrer, support the fifth cause of action for breach of fiduciary duty. Mr. Cohen's arguments that he merely acted for the LLC and that he was only a scrivener are factual issues that are not amenable to resolution on a demurrer. The six...

Excerpt: ...is granted. Plaintiff Elizabeth Karnazes' request for punitive damages is stricken because she is required per CCP 425.13 to seek leave of court to allege a request for punitive damages and it is also too late for her to do so per that statute. 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 ...

Excerpt: ...elieves that he is fair and impartial in this case. Defendant Homebridge, Inc's motion to compel arbitration of all individual claims and to dismiss the class claims alleged in plaintiff Stacey Curtis' first amended complaint is denied in its entirety. Ms. Curtis' statutory claims based on alleged violations of the Labor Code and Business and Professions Code 17200 are not arbitrable under the Collective Bargaining Agreement's arb...

Excerpt: ... shown that she is entitled to have both the default and default judgment set aside per CCP 473.5 because she had no knowledge of this case until her tenants informed her of it in or about September 2017 and she promptly moved to set aside the default and default judgment. While plaintiff Becharoff Capital Corporation has shown that it mailed numerous documents to Ms. Correa and substitute served her on two different occasions, it has no proof th...

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: ...uling on the motion to vacate the November 1, 2016 order warrants lifting the stipulated stay. The stipulated stay in the June 18, 2017 order is now lifted and Mr. Berger may pursue collection efforts. Plaintiff Lenny Semis is required to pay $1590 to Mr. Berger. Because plaintiff Lenny Semis' conduct in failing to file a motion to vacate the fees judgment prior to the filing of this motion constitutes frivolous conduct per CCP 128.5, Mr. Ber...

Excerpt: ...enied. The second amended complaint adequately alleges punitive damages liability against a corporate employer. Any additional information that defendants believe they need about the request for punitive damages can be obtained through discovery. 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 th...

Excerpt: ...laintiff Wayne Ruden's second motion to compel deposition responses from CPMC's person most qualified (Theresa Carney) and for monetary sanctions is granted in large part. Unless the parties agree otherwise defendant Sutter West Bay Hospitals (CPMC) must make Ms. Carney available for another session of her PMQ deposition on a mutually convenient date no later than February 28, 2018. At that deposition Ms. Carney must provide responses to ...

Excerpt: ...g Only)(Part 2 of 2) At page 31 of the Final Award the Arbitrator stated that she only considered "competent evidence" on the attorney's fees issues and that evidence needed to be in the form of declarations submitted by the parties. The Arbitrator rejected all of the evidence submitted by Mr. Boschetti in support of an hourly rate higher than $225 except for a declaration of Mark Hooshmand, former counsel for Mr. Sparks. (Final Award...

Excerpt: ...C's motion for summary judgment and alternative motion for summary adjudication on the complaint filed by plaintiffs Gloria Lee and David Greenberg are denied. Assuming that Megabus sustained its initial burden of production, there is a triable dispute whether Megabus was defendant Chyna Kennedy's special or dual employer and thus vicariously liable for plaintiffs' injuries. (Riley v. Southwest Marine, Inc., (1988) 203 Cal.App.3d 1242...

Excerpt: ...nt City and County of San Francisco's motion to enforce court's order and for an order granting reimbursement of defense costs is denied in its entirety without prejudice to the City seeking a severable judgment or injunctive relief. While the City disclaims any intent to seek a mandatory injunction or a final judgment, the City does not identify, nor is the court aware of, any procedure where a summary adjudication order can be converted...

Excerpt: ...rior to the February 1 hearing was: Plaintiff Jeffrey Dullea's application to reopen limited discovery is granted on the condition that Mr. Dullea or his counsel pay an additional hour of Dr. Kondrashov's time for wasting that time. Mr. Dullea may take Dr. Kondrashov's deposition of no more than an hour on a mutually agreeable date and time at a location of Dr. Kondrashov's choosing, but before the deposition begins Dr. Kondrashov...

Excerpt: ...While plaintiff Alfonso Peralta does not believe the statements in Mr. Makableh's declaration, he has not shown that those statements are untrue. Mr. Makableh has leave to file his proposed answer by February 14, 2018. 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 su...