Excerpt: ...r 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 motion with the same authority a...

Excerpt: ...igned 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 em...

Excerpt: ...39;s) motion for summary adjudication is DENIED as to the first cause of action for dangerous condition of public property and the fourth cause of action for breach of mandatory duty. Plaintiff does not oppose BART's motion as to the second or third causes of action ‐ for vicarious liability for the act or omission of a public employee and a contractor ‐ so summary adjudication is GRANTED on those causes. BART has failed to adduce suffici...

Excerpt: ...rding whether Hambrecht had timely notice. In Green I, Green sought to recover against the UFL for breach of his written employment contract and for fraud. While Hambrecht was not a named defendant in Green I, he participated in the action and numerous paragraphs of the complaint in Green I allege that Hambrecht made representations that he would fund the UFL and Green's salary. (Green I Complaint, pars. 15, 18, 19, 32, and 35.) Those represe...

Excerpt: ...ission in the third amended complaint (TAC) filed by plaintiff Kinson Wong individually and derivatively on behalf of R & G Executive Lounge, Inc. is OVERRULED in its entirety. As Judge Kahn has already ruled in a related case, Kinton Wong has standing to bring both a derivative and direct action against defendants. Fraudulent inducement is pled with the required specificity and is not time barred. Kinson Wong sufficiently pleads facts to show th...

Excerpt: ...RES ASSOCIATION'S Motion In Support Of Gianmatteo Costanza, Andrew Swerdlow, David Fuchs, Anthony Dauria And Casa Dolores Association Motion To Bifurcate. Plaintiffs Gianmatteo Costanza, Andrew Swerdlow, David Fuchs, and Casa Dolores Association's motion to bifurcate is granted in part. The court characterizes the motion as one to de‐ consolidate case 550040 from case 549556 and, as so characterized, the motion is granted. The two cases...

Excerpt: ...ts 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 ...

Excerpt: ...oup's motion for summary judgment is granted. Defendants present competent evidence showing that they did not have actual or constructive notice of Ms. Bush's violent propensities and defendants did not breach any sort of duty that they owed to plaintiff as a tenant. (Cochico Dec., pars. 11 ‐ 17.) In opposition, plaintiff fails to create a triable issue of material fact regarding the claims asserted against defendants. There is no evide...

Excerpt: ...eferred to as BAGS) motion for summary adjudication on the first through third causes of action in the second amended complaint filed by plaintiff and cross‐defendant C.I. Energia Solar S.A, BAGS's third affirmative defense in its answer and on BAGS' sixth cause of action for disgorgement in its cross‐complaint is denied in its entirety. BAGS fails to satisfy its initial summary adjudication burden. BAGS has not shown that CIE engaged...

Excerpt: ...fornia 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: ...te 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 Court Judg...

Excerpt: ...ng any of the grounds in CCP 473(b) to set aside the default and default judgment. Assuming without deciding that plaintiff Jennifer Young served as counsel for defendants at one time, that fact does not, without more, preclude Ms. Young from maintaining this lawsuit or require that the default and default judgment be set aside. Any party who contests a tentative ruling must send an email to [email protected] with a copy to all other part...

Excerpt: ...To Compel Binding Arbitration And Stay Proceedings. Defendants Trustees of the Laborers' Training And Retraining Trust Fund and Laborers' Community Service and Training Foundation's motion to compel arbitration of the first through sixth causes of action alleged in the first amended complaint filed by plaintiff Travis Brown is granted and the seventh cause of action alleging a PAGA claim is stayed pending the conclusion of the arbitra...

Excerpt: ...Services, Inc. are taxed as not recoverable per the combination of CCP 685.040 and Civil Code 1717.5 and in the court's discretion because the total fees already included in the judgment are greatly disproportionate to the non‐fees part of the judgment. King Security is entitled to the $835.90 in other costs claimed on that memorandum. Ms. Laguna's request to tax the fees claimed in the prior memorandum of costs after judgment is untime...

Excerpt: ...urned to Mr. Dal Bello, while the cash may be retained by the police. The People have shown that there is probable cause to believe that the cash was furnished in exchange for controlled substances or intended to be used to facilitate a violation of the narcotics laws. The change in the law regarding marijuana since the seizure of the cash does immunize the cash from forfeiture. Mr. Dal Ballo cites no authority, nor could the court locate any aut...

Excerpt: ... Court to conclude that defendant is a predecessor‐in‐interest to Eureka Boiler Works, as identified in the Compromise and Release at issue. Thus defendant did not demonstrate that it is a "Releasee" under the terms of that agreement. Plaintiff's objections to paragraph 4 of Diane Hauger Bonomini's declaration are sustained. If a hearing is requested, it will be at 9:30a.m., Hon. Lynn O'Malley‐Taylor presiding. A court r...

Excerpt: ... 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 motion with the same authority as a Supe...

Excerpt: ...is overruled as to both causes of action. Mr. Davis adequately alleged that (1) Dr. Crane made three distinct preoperative statements which were false; (2) Dr. Crane knew the statements were false or acted with reckless disregard as to their truth; (3) he made them to induce Mr. Davis to consent to the surgery; (4) Mr. Davis justifiably relied on Dr. Crane's misrepresentations; and (5) as a result, Mr. Davis was injured. Stone v. Foster (1980...

Excerpt: ... by Bankers attributable to that summary judgment must be returned to Bankers. The declaration of Francisco Betonio shows that at time when Nicholas Ebert was in custody in Contra Costa County, Mr. Betonio informed a Contra Costa County deputy that there was an outstanding warrant from San Francisco on Mr. Ebert, yet Mr. Ebert was released from custody by Contra Costa County officials. While this case concerns Penal Code 1305(c)(3) rather than (c...

Excerpt: ...s to compel arbitration are GRANTED. Plaintiff has two arguments, both unavailing. First, Plaintiff contends her claims are governed not by the arbitration provision of her employment contract, but rather by a "California Employee Proprietary Information and Inventions Agreement" (PIIA) signed later. However, the PIIA applies only to a relatively narrow class of intellectual property claims that could be filed "against" Plaintiff,...

Excerpt: ...uttar's demurrer to the fraud cause of action is SUSTAINED with 20 days leave to amend. Paragraph 47 of the second amended complaint refers to defendants and staff making misrepresentations. Plaintiff should clarify whether it was only the receptionists making the misstatements or whether Dr. Buttar and Ms. Carter also did so. Plaintiff also appears to be alleging that defendants acted fraudulently with regard to Shadow's medical conditio...

Excerpt: ... not by the arbitration provision of her employment contract, but rather by a "California Employee Proprietary Information and Inventions Agreement" (PIIA) signed later. However, the PIIA applies only to a relatively narrow class of intellectual property claims that could be filed "against" Plaintiff, and no claims were filed against Plaintiff. Moreover, the relevant clause is a "consent to personal jurisdiction," not an a...

Excerpt: ...Rupinder Buttar's motion to strike is GRANTED with 20 days leave to amend. Plaintiff has leave to plead the fraud cause of action and facts showing a basis to recover punitive damages. The motion is GRANTED WITHOUT LEAVE TO AMEND as to paragraph 42 as there is no basis to recover general/emotional distress damages on the malpractice claim. "Regardless of how foreseeable a pet owner's emotional distress may be in losing a beloved anima...

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: ...e 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 must receive a check for 2 hours of his time. Mr. Dullea has shown a strong need for the deposition, his counsel acted dil...