Excerpt: ...le in federal enclaves including the Presidio. There is no federal law applicable to federal enclaves that conflicts with California's law authorizing the DMV's administrative suspension of Mr. Englert's driver's license. The fact that Mr. Englert was cited and may be prosecuted for violating a federal regulation rather than a California statute prohibiting driving while intoxicated or driving with an excessive blood alcohol level...

Excerpt: ... Compelling Complete Response Of Jay Chen, Person Most Qualified For Defendant Beyond Group, Llc., To Deposition Question; Request For Monetary Sanctions Against Beyond Group, Llc Attorneys Bledsoe Diestel Treppa Crane, Llp (Part 1 of 2) Pro Tem Judge Jeff Wohl, 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 p...

Excerpt: ...ary adjudication is denied as to the first cause of action for premises liability and granted as to the second and third causes of action for gross negligence and negligence per se. Based on the video and the other evidence presented by Ms. Grubbs‐Ferguson, there is a triable dispute whether Safeway had constructive knowledge of the spilled liquid. (Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200, 1212 ("plaintiffs may demonstrate the storekee...

Excerpt: ...ated as an invitation to reconsider the September 26 order per Le Francois without compliance with the requirements of CCP 1008 and, as so treated, is granted. The September 26 order is vacated and a new order will be entered denying the petition for enforcement of the arbitration award. The MOU unambiguously provides that review of a Sheriff's disciplinary decision that results in a decision by the reviewer to impose lesser discipline is not...

Excerpt: ...petition is unverified and she fails to provide a declaration in compliance with CCP §2015.5 attesting to lack of notice. Respondent's proof of service of the hearing notice ‐ executed under penalty of perjury ‐ and the payment stub Wicker attached to her petition indicate that the notice was served at the correct address (255 San Carlos St., San Francisco, CA 94110). (AR 000007.) Wicker filed no memorandum of points and authorities, whi...

Excerpt: ... is not limited to "false advertising, bad faith insurance practices and the like." Operating a commercial building without taking statutorily required fire safety measures is a business practice that may allow for §17200 liability, and that is adequately pled. (See FAC 15‐16.) 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...

Excerpt: ...nia courts absent an express statement to that effect in the arbitration agreement. (Valencia v. Smyth (2010) 185 Cal.App.4th 153, 174.) Here, the arbitration agreement's reference to JAMS Rule 25 does not call for FAA review of an award, because that rule refers to the FAA or applicable state law, and no preference for federal law is indicated. (See Mave Enterprises, Inc. v. Travelers Indemnity Co. (2013) 219 Cal.App.4th 1408, 1427-30.) The ...

Excerpt: ...tisfied the three‐part Stiles test and thus is entitled to equitable relief on the ground of extrinsic mistake. (See Stiles v. Wallis (1983) 147 Cal.App.3d 1143, 1147‐48.) (1) O'Toole's verified proposed answer establishes a "meritorious case" under Stiles. (Id.) (2) O'Toole has satisfactory excuses for failing to defend against the lawsuit: his confusion regarding summons papers due to five different lawsuits involving hi...

Excerpt: ...r Entity Judgment Debtor; Memorandum Of Points And Authorities; Declaration Of Scott R. Albrecht Plaintiff Filament Lighting, LLC's motion to amend judgment to add Archipelago Lighting Tec, Inc. as a judgment debtor is GRANTED. Archipelago Tec is a successor corporation or mere continuation of judgment debtor Archipelago Lighting, Inc. (See Wolf Metals, Inc. v. Rand Pacific Sales, Inc. (2016) 4 Cal.App.5th 698, 705.) Archipelago Tec's cre...

Excerpt: ...ed Complaint Defendants' demurrer to all six causes of action in the first amended complaint is sustained with twenty days leave to amend as to the first, second, third, and fourth causes of action for breach of contract, conversion, injunctive relief, and accounting and overruled as to the fifth and sixth causes of action for violations of the Corporations Code and Church Constitution. Plaintiffs have not adequately alleged standing for thei...

Excerpt: ... give plaintiff Thomas Sassani an opportunity, if he can do so in good faith, to allege in a UCL claim that Mr. Boms obtained money or property from Zozi as a result of an unlawful activity that Mr. Boms committed against Zozi. While Mr. Boms is technically correct that Mr. Sassani needed to obtain and did not have permission to add Mr. Boms to the UCL claim, there is no doubt that, had such permission been sought, it would have been granted, and...

Excerpt: ...ied. The court did not consider the complaint filed by Ms. Montes in federal court or the misdemeanor complaint filed in San Mateo Superior Court. Neither Miller v. Department of Corrections (2005) 36 Cal. 4th 446 nor Proksel v. Gattis (1996) 41 Cal. App. 4th 1626 requires an allegation of more than a single consensual relationship to support an actionable paramour harassment claim. (Negrete v. Meadowbrook Meat Co. (C.D. Cal. 2012) 2012 WL 254039...

Excerpt: ... default entered against him on February 13, 2018 is continued to December 19, 2018 to give the parties an opportunity to meet and confer and, if necessary, file supplemental papers regarding the amount Mr. Del Olmo will be required to pay plaintiff Leslie Lapayowker as a condition of setting aside the September 27, 2018 order. The court finds that there are sufficient changes of circumstances since the September 27, 2018 order was issued to warr...

Excerpt: ...of excusable neglect, surprise, mistake, and inadvertence warranting the setting aside of the default per CCP section 473(b). The default should never have been requested and, once entered, cross‐complainant Gloria Lopez should have stipulated to it being vacated. Because Ms. Uchiyama had served a demurrer to the cross‐complaint notwithstanding that it had been rejected for filing and Mr. Uchiyama had also served a notice of unavailability, c...

Excerpt: ...ings, that policy does not apply to this motion. Mr. Gante has known about the facts supporting his request for punitive damages since before this case was filed and apparently has desired to make such a request since the outset of this case. Yet he twice moved for and received a continuance of the trial without moving to amend his complaint to seek punitive damages and now seeks to do so less than two weeks before trial. Granting this motion wou...

Excerpt: ...ames Austin and Raymond Schreiber is denied as to both causes of action. The motion is an impermissible motion for reconsideration of the March 12, 2018 order denying defendants' first motion for judgment on the pleadings. The request to take judicial notice of Ms. Mwangi's declarations is denied since the content of those declarations is subject to dispute by the parties. Plaintiffs allege sufficient ultimate facts to support both of the...

Excerpt: ...days leave to amend as to all causes of action alleged against Wells Fargo. The demurrer is sustained on the grounds that the first amended complaint as a whole and all causes of action alleged therein are uncertain. The first amended complaint, like the initial complaint, is largely unintelligible, contains many irrelevant and/or vague and ambiguous allegations, alleges many repetitive conclusions without providing ultimate facts, and violates t...

Excerpt: ...dgment on the MBC Parties' cross- complaint is granted. The motion is not premature because the MBC Parties have not shown that any new facts alleged in plaintiff's third amended complaint would provide any new legal or factual bases on which the MBC Parties would seek relief from Broadway or that Broadway's burden on this motion will be materially affected unlike in Perry v. Atkinson (1987) 195 Cal.App.3d 14. The settlement agreement...

Excerpt: ...d by the three Retired Officers in their petition for writ of mandate for violation of Government Code 3304(b) is sustained with 20 days leave to amend. If they can do so in good faith, the Retired Officers have leave to allege specific facts that the administrative appeal afforded by the Police Commission was futile and did not comport with due process and/or the requirements of section 3304(b). For purposes of this demurrer, the court assumes t...

Excerpt: ...ot alleged, nor does it appear that she can allege, sufficient ultimate facts to show that the alleged misconduct of Rick Yang is attributable to NEA. The factual allegations of the complaint (as opposed to the conclusions of law therein) show that at all times Mr. Yang participated in any of the conduct for which Ms. Moore seeks to hold NEA liable, Mr. Yang was acting in his capacity as a board member of defendant Pilot AI, Inc., not as an agent...

Excerpt: ...ined without leave to amend as to the eighth and ninth causes of action for intentional interference with contract and overruled as to the sixth tenth, eleventh and twelfth causes of action for negligence, declaratory relief, equitable indemnity and comparative indemnity. Because HWI (as the lessee and beneficiary of all the construction and improvement work) is a third beneficiary of the contracts it allegedly interfered with, HWI is not a stran...

Excerpt: ...Of Plaintiffs Complaint; Memorandum Of Points And Authorities; Proposed Order; And Declaration Of James F. Peterson Regarding Compliance With Meet And Confer Requirements Of Code Of Civil Procedure 435.5 (A) Defendant Brooks Brothers Group, Inc.'s motion to strike portions of the complaint is granted as to all references to death and wrongful death and denied as to the allegations and prayer for punitive damages. Plaintiff Hiram Borunda ackno...

Excerpt: ...ed that the matter go to arbitration, which further shows that the parties contemplated binding and final arbitration. Mr. Khan fails to establish that Mr. Mytels needed to file his petition to confirm in federal court. 9 USC 9 provides that "If no court is specified in the agreement of the parties, then such application may be made to the United States court in and for the district within which such award was made." (emphasis added.) Tha...

Excerpt: ... doctrines of unclean hands/economic duress. Aamco (as assignee) is subject to any defense that defendants could have raised against the assignor. (See YDM Management Co. Inc. v. Sharp Community Medical Group, Inc. (2017) 16 Cal.App.5th 613, 621 fn. 3.) In addition, Aamco is subject to the unclean hands defense based on the alleged wrongdoing of its agent, Mr. O'Donnell. (See Restatement 2nd of Contracts § 336(4).) Here, Mr. O'Donnell...

Excerpt: ...2) And To Stay Action Pending Arbitration (Ccp 1281.2) Defendants International Fraternity of Delta Sigma Pi, Inc. and Gamma Omicron's petition to compel arbitration and to stay action pending arbitration is GRANTED. The circumstances surrounding plaintiff's signing of the membership agreement do not exhibit procedural unconscionability. While plaintiff was young and not legally trained, the agreement was a single page and plaintiff had s...