Excerpt: ...18 are set aside per CCP 473.5 and 473(b). Mr. Tan has shown that he did not have actual knowledge of this lawsuit in time to file a timely responsive pleading and that, even if there were communications directed to him about the lawsuit prior to entry of the default, his failure to realize the nature of those communications and his failure to respond to the complaint was a result of mistake, inadvertence, surprise and/or excusable neglect. Plain...

Excerpt: ...case, defendant Ally Financial, Inc. and all persons and entities working in concert with them are restrained and enjoined from refusing to accept any payments on‐line from any persons who have previously signed up and been approved to make on‐line payments due to any disputes with those persons or Ally having been contacted by any attorneys on behalf of those persons without providing 30 days advance notice directly to those persons and stat...

Excerpt: ...ation agreement do not necessarily show that any or all of Mr. Soriano's claims are barred by the release language in the separation agreement. Liberally construed, Mr. Soriano's allegations are sufficient to support economic duress as grounds for rescission of the separation agreement. "The question of duress. . .is a factual question; the existence of duress always depends upon the circumstances" and it requires an examination o...

Excerpt: ...y judgment or alternatively summary adjudication on the claims alleged against it in the third amended complaint is denied in its entirety. LHJS fails to maintain its burden because it does not address the alter ego allegations against it. There is also a triable issue whether LHJS negligently converted the premises per Orange Grove Terrace Owners Ass'n v. <0003001400150014001a00 00500052005100560048[ declares that LHJS performed no contracto...

Excerpt: ...gs as to all three causes of action alleged in the complaint filed by plaintiff California Business Interiors, Inc. is granted without leave to amend as to all three causes of action. California law requires that CBI allege that defendants committed independently wrongful conduct in allegedly requiring CBI to sell Hogue to KBM. CBI has not done so nor does it appear that it can do so. CBI improperly relies on Lowell v. Mother's Cake & Cookie ...

Excerpt: ...ller Financial Llc, And Rockefeller & Co. Llc'S Motion For Preliminary Injunction Plaintiffs Rockefeller Capital Management L.P., Rockefeller & Co. LLC, Rockefeller Financial LLC, and Christopher Dupuy's motion for preliminary injunction is granted in substantial part. Until there is a final determination on plaintiffs' request for injunctive relief or an order of this court to the contrary, defendant Focus Financial Partners LLC and ...

Excerpt: ... CCP 128.7(c)(2) issues an order for Synergy's counsel to show cause in writing no later than November 27, 2018 why they have not violated CCP 128.7(b) by filing and continuing to prosecute Synergy's cross‐complaint. The conduct of Synergy's counsel that appears to violate CCP 128.7(b) is the filing and continued prosecution of a cross‐complaint that is barred by well‐established law. CSS has no obligation to indemnify Synergy a...

Excerpt: ... to provide security services at the 2016 HSBF; 2) Lloyd Brown acted negligently in hiring and retaining defendants Jose Beltran and William Douglass; and 3) Mr. Brown's asserted negligence in hiring and retaining Mr. Beltran and Mr. Douglass was a substantial factor in causing plaintiff Shane Stevens' injuries. Liberally construing the evidence in favor of Mr. Stevens and drawing all reasonable inferences in favor of Mr. Stevens, a reaso...

Excerpt: ...Due Process Principals, And Is The Result Of Extrinsic Fraud And Mistake Defendants Geet and Mahendra Prasad's motion to vacate the August 15, 2017 judgment is granted based on CCP 473(d) and extrinsic mistake. The judgment is set aside and this case is restored to the civil active list. The record discloses that the Prasads had no notice that plaintiff Bosco Credit, LLC was attempting to enter judgment against them. In addition, the judgment...

Excerpt: ...rity to rule on this demurrer due to a possible bankruptcy stay. If plaintiff Tony Fu's bankruptcy case is still pending and if Mr. Fu fraudulently transferred assets, wouldn't those assets be part of his bankruptcy estate? Counsel should be prepared to address that question at the hearing. Counsel should also address whether the fraudulent transfer claims need to be prosecuted in CGC-16-553702 or whether Mr. Liu should dismiss his cross-...

Excerpt: ...erference with contractual relations in the first amended complaint is granted without prejudice to plaintiff Regional Protection Agency, Inc. filing a motion to amend to seek punitive damages as to the interference claim if and when it obtains facts allowing it to do so. An implied covenant claim is a contract claim for which punitive damages are not available. RPA has not alleged sufficient ultimate facts supporting corporate liability for puni...

Excerpt: ...intiff'S Deposition Subpoena To Ucsf Health Information Management And To Grant A Protective Order And Sanctions (For Tentative Ruling Purposes Only Part 2 Of 2) The subpoena is directed to a side issue of the side issue: speculation about whether defendant McGarry, who works as a research scientist at UCSF, might have accessed plaintiff's medical records to come to the conclusion that the claimed disability involved defendant's knee ...

Excerpt: ... Lyft, Inc.'s motion for summary judgment as to plaintiff Sabrina Marez's complaint is granted. Le Elder v. Rice (1994) 21 Cal.App.4th 1604, which has been cited approvingly numerous times and most recently in 2013 and has never been criticized or overruled, remains good law and is on-point authority requiring the granting of this motion. The "coming and going" rule does not apply because defendant Jonathan Gaurano was returning h...

Excerpt: ...‐ on six grounds. The motion is DENIED.Waiver by Conduct. Cybernet concedes "that no performer could participate in filming" of its "straight shoots" "without having first tested negative for STIs [sexually transmitted infections] and HIV," while the same was not true for its "gay shoots." Cybernet says "Plaintiff voluntarily chose to forego his right" to mandate HIV testing, but plaintiff says Cybernet n...

Excerpt: ...rty Jon Luini to comply with subpoena for production of business records is granted subject to a protective order covering the information produced by Mr. Luini and Mr. Stevens' request for monetary sanctions is denied. The parties appear to agree that the video that is sought by the subpoena is discoverable. The sole dispute pertains to whether the video should be produced subject to restrictions. Because the video may be subject to contract...

Excerpt: ...on largely contends that the arbitrator made legal and factual errors, yet California law does not allow for the vacating or correcting of an arbitration award based on errors of law or fact committed by an arbitrator. (Moncharsh v. Heily & Blase (1992) 3 Cal. 4th 1.) The court has assumed that the amendment to Mr. Khan's petition to vacate is timely and relates back to his original petition and addresses the merits of his arguments. The Inde...

Excerpt: ...icing, LLC, Anh Pham and Skygroup Realty, Inc.'s motion to set aside the default entered against them on August 10, 2018 is granted. The August 10, 2018 default is set aside as to all moving defendants per the discretionary relief provisions of CCP section 473(b). Because moving defendants' demurrer to the complaint was not taken off calendar until July 13, 2018, it was reasonable for defendants to believe that they did not need to respon...

Excerpt: ...equirements 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 appears by t...

Excerpt: ...on Of Documents, Set No. Two Pro Tem Judge James Fleming, 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 J...

Excerpt: ...ternate motion for summary adjudication is denied as to the first and second causes of action for premises liability and negligence and granted as to the third cause of action for products liability. Plaintiff Sussan Pourjavid-Granfors' objections to the declaration of Jorge Contreras are sustained. Mr. Contreras' statement that TKE did not control the premises is based on information and belief, which is insufficient to show either perso...

Excerpt: ...tion burden of showing that there was a claim against it for which a duty to defend applied. After the hearing on August 28, 2018 which continued the hearing on Alten's motion to allow the parties to submit further briefing, the court contacted the parties and requested that their briefing also address the issue of whether the San Francisco Unified School District made a claim asserted against Alten for which a duty to defend applied. Alten&#...

Excerpt: ...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 consent to sign giv...

Excerpt: ...o file a first amended answer to the third amended complaint is granted. Granting the motion comports with California's policy of liberally allowing amendments to pleadings at any time in a case, which is especially applicable to answers. Defendants have shown that the amended answer is consistent with their understanding of the parties' contractual relationship. Plaintiff Anthony Lee has not shown that the changes that defendants wish to...

Excerpt: ...lleged fraud with more particularity. Paragraphs 8-9 and 31 indicate that the defects manifested within a year of the purchase. Mr. Vasquez was arguably on inquiry notice at that time and the claim appears time barred per CCP section 338. "In order to rely on the discovery rule for delayed accrual of a cause of action, '[a] plaintiff whose complaint shows on its face that his claim would be barred without the benefit of the discovery rule...

Excerpt: ...statements are conclusory. The allegation that the defamatory statements refer to Mr. Bonnici's "conduct as a buyer and seller of jewelry and other items of value, with the intent of leading other sellers to believe false that" Mr. Bonnici and his associates "conduct their business in deceptive, illegal false and fraudulent manner" provides very little information about the content of the alleged defamatory statements and none...