Excerpt: ...er‐Silverado Fund 1, LLC, the second amended complaint should be stricken since it exceeds what was permitted by the court. No later than December 31, 2018 M‐S Fund may, at its option, either file a third amended complaint that is identical except for its title to its proposed second amended complaint for which it received permission to file or file a motion for leave to file a third amended complaint that differs from its proposed second ame...

Excerpt: ... by Randall Whitney is denied as to all three causes of action. The recent decision of Templo v. State of California (2018) 24 Cal.App.5th 730 requires denial of MTC's motion. The plaintiffs in Templo alleged a claim that a state statute was unconstitutional because it constituted an improper "tax" and was not enacted by the two‐thirds vote required by Article XIII of the California Constituiton and named the State of California as ...

Excerpt: ...n or before January 17, 2019 in light of the remainder of this tentative ruling. Per Jay v. Mahaffey (2013) 218 Cal App. 4th 1522, the court exercises its discretion to consider the declaration of Mr. Seybold submitted with the reply papers. Because the court will consider Mr. Seybold's declaration, defendants are entitled to respond in writing to that declaration and the court is amenable to continuing the hearing to give defendants sufficie...

Excerpt: ...mplaint filed by plaintiff John Phelps is denied as to both causes of action. Defendants fail to satisfy the first prong of the anti‐SLAPP analysis. Mr. Phelps alleges that defendants illegally recorded his telephone conversations. This conduct does not involve protected activity within the meaning of CCP 425.16(e)(4). Defendants' recording of business conversations regarding a Canadian dog food company also does not concern the public inte...

Excerpt: ...Labs, Inc., Jonathan Su, and Robert English's joinder in Defendants Trinet Group, Inc. and Trinet HR III‐A, Inc.'s motion to compel arbitration is denied. The Dispute Resolution Protocol in TriNet's terms and conditions requires Pilot AI to seek to compel arbitration under its own employment agreement with Plaintiff Rachel Moore. The DRP indicates that separate agreements between its customers and its customer's employees (such ...

Excerpt: ...horities In Support Thereof; Declaration Of Trevor R. Witt, Esq. Defendant Transportation Brokerage Specialists, Inc's motion to compel arbitration is granted. This case is stayed pending the completion of the arbitration of plaintiff John Reed's individual, victim‐specific claims. Mr. Reed has not shown that Transportation Brokerage waived its right to seek arbitration of Mr. Reed's victim‐specific claims. Transportation Brokerag...

Excerpt: ... 2018, Line 7, (2 of 2) Defendant David King-Stephens Motion For Summary Judgment <00440057004c0052005100 00480056001e00030030[emorandum Of Points And Authorities; Separate Statement Of Undisputed Material Facts; Declaration Of Robert Fisher, M.D.; Declaration Of Kristen A. Pico; Supporting Evidence (For Tentative Ruling Only) By October 19, 2015 at the latest, plaintiffs were aware of the return of the tumor and Dr. King- Stephens may have wrong...

Excerpt: ...as follows: First, the San Francisco Rent Board's determination that April 15, 2014 was the date the subject unit was withdrawn from the rental market is judicially noticed. This establishes the withdrawal date as a matter of law. Second, defendants argue that the filing deadlines here are ones of repose, rather than limitation. However, the opinions relied on do not construe California law and are not in the landlord‐tenant context. Furthe...

Excerpt: ...of all pleaded facts is assumed, (2) if even one of several grounds for relief is properly pled, the demurrer is denied as to a cause of action and (3) defendants may not adduce or argue extrinsic evidence in a demurrer. As to the complaint's numbered causes of action: 1‐3: Breaches of contract and the implied covenant, and inducing breach, are all more than adequately pled. 4: Fraudulent inducement is pled with adequate specificity. 5‐6,...

Excerpt: ...ing the 401K account were plainly part of the family court action (FDI‐17‐787579). (Marital Settlement Agreement ("MSA"),VI.B(b); Qualified Domestic Relations Order, 2:11; 2:20‐21.) Mr. Meyers must return to family court for clarification of any issues pertaining to the 401K account. The family court expressly reserved its jurisdiction to resolve such matters per section X of the MSA. This civil court cannot undermine the family cou...

Excerpt: ...to amend as to all three causes of action. Plaintiff CDC San Francisco LLC has not alleged, nor does it appear that it is able to allege, ultimate facts showing that any of its claims are not time‐barred. The August 24, 2018 Order limited leave to amend to two areas and required specific allegations for both areas. The allegations in the third amended complaint fall well short of what was required to successfully avoid the bar of the statute of...

Excerpt: ...amend as to the first cause of action for breach of contract by AUCRA and overruled as to the second and third causes of action for breach of contract and quasi‐contract by CIC. The RPA is illegal and unenforceable as a matter of law because it is a collateral agreement that modifies the obligations of the insured and was not filed with the California Department of Insurance as required by Insurance Code11658 and 10 CCR 2268(b)). While Nielsen ...

Excerpt: ...per Forum Or, In The Alternative, Compel Arbitration And Stay Civil Action; Defendants Candex Solutions, Inc. and Jeremy Lappin's alternative motion to compel arbitration and stay this case pending the completion of arbitration proceedings is granted. The Referral Agreement contains an enforceable arbitration clause and plaintiff David Sullivan is obligated to arbitrate his claims in New York City pursuant to JAMS' rules. Mr. Sullivan'...

Excerpt: ... 1048b. Cross‐complainant Scott Smith's motion to vacate protective order and to serve a subpoena on Google to determine the true identity of the person(s) sending emails under the name of James Johnson is granted. The order filed September 4, 2018 granting cross‐defendant Entrepreneur Media, Inc.'s ex parte motion for a protective order is now vacated and Mr. Smith is granted permission to take all necessary steps to serve his propos...

Excerpt: ... review of the supplemental papers filed by the parties, the court remains of the view that Shisler v. Sanfer Sports Cars, Inc. (2006) 146 Cal.App.4th 1254 controls this case and requires granting of defendants' motion. Plaintiff Oolong, LLC has the burden of demonstrating sufficient minimum contacts to warrant the exercise of general or specific jurisdiction. Oolong's evidence fails to show jurisdiction over VCS or Mr. Zuccarelli, who ar...

Excerpt: ...) (For Tentative Ruling Only) Unlike the driver in Lobo v. Tamco (2010) 182 Cal.App.4th 297, Mr. Gaurano was not on call for customer requests and could not have been unless he activated the Lyft platform. (Lobo, 182 Cal.App.4th at 301-03 (holding that because the driver drove his vehicle home with an expectation that he might need to respond in-person to customer complaints, the driver was still acting within the scope of employment and vicariou...

Excerpt: ...w Firm LLC's motion for summary adjudication as to the second, third and fourth causes of action for conversion, constructive trust and fraud in the complaint filed by plaintiff Russell Stanaland is denied as to all three causes of action. The motion is denied as moot as to the conversion and constructive trust claims because Mr. Stanaland dismissed those claims. The motion is denied as to the fraud claim because L&F failed to maintain its su...

Excerpt: ...porary 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 via fax or c...

Excerpt: ...signed 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 e...

Excerpt: ...ner, and Sanaz Ebrahimi's ("Defendants") motion to compel arbitration is GRANTED. In addition, this case is stayed pending the conclusion of the arbitration proceedings. Defendants alleged wrongful acts occurred after Ms. McCluskey had consented to AirBnB's Terms of Service (TOS), version 6, which contains an arbitration clause. By agreeing to submit disputes about the "enforcement, interpretation or validity" of the agree...

Excerpt: ... accommodate plaintiff and ultimately terminated her employment because of her pregnancy. (See Amended Complaint, pars. 18-23.) These facts plead discrimination. The court overrules the demurrer to the harassment claim. Paragraphs 17 and 35 sufficiently allege harassing conduct. A factual issue remains whether defendant's conduct was sufficiently severe, pervasive, or hostile to constitute harassment. The court overrules the demurrer to the f...

Excerpt: ...to arbitrate plaintiff Stefan Stefanov's claims. The language of the 2016 arbitration agreement is materially different from the language of the 2015 employment agreement with respect to the employee's right to opt out of arbitration. The language of the 2015 employment agreement states that Stefanov may "opt out of arbitration" if he does not wish to participate without any qualification of that right. The 2016 arbitration agreem...

Excerpt: ...r leave to file first amended answers is GRANTED. Courts exercise liberality in permitting amendments at any stage of the proceeding and particularly use a liberal policy in allowing amendments to answers. (Hulsey v. Koehler (1990) 218 Cal.App.3d 1150, 1159 ("In particular, liberality should be displayed in allowing amendments to answers, for a defendant denied leave to amend is permanently deprived of a defense.").) While Defendants appe...

Excerpt: ... 405, 407, n.1.) Defendant does not contest that venue is proper is San Francisco County and it has failed to meet its burden under CCP section 397(c) that changing the venue would be in the interests of justice or for the convenience of the witnesses. (Smith v. Stanford Research Institute (1963) 212 Cal.App.2d 750, 754 ("[A] corporate defendant seeking a change of venue has the burden of negating the propriety of venue laid on all possible g...

Excerpt: ...kins' motion to compel arbitration and to stay proceedings is GRANTED. The arbitration agreement covers Plaintiff Denis Neema's claims and the agreement is not unconscionable. The agreement clearly emphasized the ability to opt out of arbitration and seven days was sufficient time for Plaintiff to carefully review the four‐page document. The requirement that the arbitration proceedings be confidential is not unconscionable. (Sanchez v. ...