Excerpt: ...ar accident that caused physical injury on her first cause of action for motor vehicle negligence. The second cause of action appears to seek emotional distress damages based on Wiley's negligent use of a police code that caused numerous officers to respond to the scene. (Amended Complaint, par. 19.) Wiley's post‐accident conduct did not cause further physical injury and the law limits the recovery of emotional distress damages in the a...

Excerpt: ... petition to compel arbitration of the claims alleged by plaintiff Kenly Gaffke is granted. Moving defendants have shown that the parties entered in a valid enforceable arbitration agreement covering Mr. Gaffke's claims. Although the agreement was not signed by the moving defendants, their conduct showed they considered themselves bound by the agreement. (Serafin v. Balco Properties Ltd., LLC (2015) 235 Cal.App.4th 165, 177.) The identity of ...

Excerpt: ...dge Van Aken will hear this motion in department 506 at 10:30 a.m. Plaintiff Anton Andryeyev's Notice Of Motion And Motion To Compel Supplemental Responses To Requests For Admissions And Form Interrogatories, And For Sanctions is GRANTED. Andryeyev's Requests for Admissions (Set 1) and Form Interrogatories (Set 2) were proper. Defendants objected to the RFAs on the grounds that the RFAs were premature and not fully complete in themselves....

Excerpt: ...hnology Inc.'s Motion For Assignment Of Rights, Restraining Order And Turnover Order is DENIED. With regard to the motion for assignment of rights, C.C.P. section 708.510(d) provides that a right to payment may be assigned "only to the extent necessary to satisfy the money judgment." Judgment creditor has provided no evidence that its broad proposed assignment is only to the extent necessary to satisfy the money judgment. Moreover sec...

Excerpt: ... is denied. While California has a liberal policy favoring allowing amendments to pleadings, that policy is insufficient to warrant the granting of this motion due to the undue prejudice that would be suffered by plaintiff Merrilee Harris if the motion is granted. Permitting the filing of the second amended cross‐complaint would inevitably result in a lengthy continuance of the trial and would require Ms. Harris to participate in greatly increa...

Excerpt: ...l seven affirmative defenses. RJR's pleading of its affirmative defenses comports with the longstanding practice for pleading affirmative defenses in Bay Area state courts based on the well-understood premise that at the outset of a case a defendant may know the reasonable range of possible affirmative defenses but may not yet have had the opportunity to determine whether there is factual support for them. If, after a reasonable opportunity f...

Excerpt: ...the deposition of Lisa Fulton is granted and its request for monetary sanctions is denied. Ms. Fulton's deposition must occur on or before October 26, 2018. The primary ground asserted to oppose this motion is that all information known by Ms. Fulton relating to this case is covered by the work product privilege of plaintiff State Farm General Insurance Company. However, State Farm has not submitted any evidence showing that Ms. Fulton was re...

Excerpt: ... Damage Claim. Pro Tem Judge Roger Mead, 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 Judge Pro Tem who ...

Excerpt: ...complaint seeking an order that cross‐defendant R.I. and 17th LLC has a duty to defend Lambert against the claims alleged by cross‐complainant Whole Foods Market California, Inc. is denied in its entirety. Whether there is a contractual duty to defend and what circumstances a duty to defend is triggered is determined based on the language of the parties' agreement. The rules of interpretation in Civil Code 2778 are "default rules"...

Excerpt: ...laintiffs Second Amended Complaint The motion will be heard by Judge Fleming at 9:00 a.m. Defendant Balaji Srinivasan's demurrer to the first and fourth causes of action for specific performance and breach of the implied covenant of good faith and fair dealing in plaintiffs Leerink Revelation Healthcare Fund I, L.P and Leerink Revelation Healthcare Fund II, L.P.'s second amended complaint is sustained without leave to amend. Plaintiffs ha...

Excerpt: ...and the demurrer OVERRULED. CCP §418.10(a)(1). Plaintiff's declaration evidences that California was the site of "[a]ll of the design and engineering work" for the Atari project that is at the litigation's core. Further, plaintiff declares he "spent considerable time living in California and directing the project." This suffices to confer California jurisdiction. In contrast, defendant's motion papers proffer no evide...

Excerpt: ...418.10(a)(1). Plaintiff's declaration evidences that California was the site of "[a]ll of the design and engineering work" for the Atari project that is at the litigation's core. Further, plaintiff declares he "spent considerable time living in California and directing the project." This suffices to confer California jurisdiction. In contrast, defendant's motion papers proffer no evidence, just attorney argument. CCP �...

Excerpt: ...39; counsel surveilled plaintiff, who is said to have lost his sight in a motor vehicle accident. Plaintiff seeks to compel a deposition of the investigator as well as surveillance photos, videos and/or reports and interrogatory answers regarding the surveillance. The attorney-client privilege and attorney work product doctrine are at issue. Plaintiff says the investigator is "an employee of defense counsel" - an assertion not helpful to ...

Excerpt: ...oncealment). No plaintiff‐defendant relationship is required. Rather, (1) intentionally failing to disclose facts known to defendant that plaintiff could not have discovered and/or (2) disclosing some facts to plaintiff but intentionally failing to disclose other facts making the disclosures deceptive are both long‐established other bases for this kind of fraud. (See CACI 1901 and cases cited in its use notes.) The Fourth District opinion Big...

Excerpt: ...D. Defendant satisfies the first prong of §425.16; her filing of a complaint with the San Francisco Department of Police Accountability (SFDPA) is protected by the statute. (See, e.g., Walker v. Kiousis (2001) 93 Cal.App.4th 1432, 1439; Lee v. Fick (2005) 135 Cal.App.4th 89, 97.) Plaintiff argues that the first prong is not met because defendant's activity was a crime ‐ filing "an allegation of misconduct against a police officer knowi...

Excerpt: ...Klein And Production Of Documents; Request For Sanctions Against Defendant Klein And His Counsel In The Amount Of $6,260.00 Pro Tem Judge Melinda Derish, 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...

Excerpt: ...s its discretion per Penal Code 502(e)(1) not to award any fees to FusionStorm. FusionStorm never provided any persuasive evidence that Ms. Tenorio misused any of FusionStorm's information in a way that caused any harm. Moreover, the injunctive relief it sought and obtained was more prophylactic than remedial. Any party who contests a tentative ruling must send an email to [email protected] with a copy to all other parties by 4pm stat...

Excerpt: ...denied. In light of the court's ruling on the demurrer, the request for punitive damages is based on sufficient factual allegations supporting a cause of action in fraud. 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 subject line of the email shall include the line n...

Excerpt: ...4;[W]here a government agent's actions have induced noncompliance with procedural requirements, the government could be estopped from asserting those procedural bars against a citizen's recovery." (J.H. McKnight Ranch, Inc. v. Franchise Tax Bd. (2003) 110 Cal.App.4th 978, 979.) Respondent Assessment Appeals Board affirmatively advised KHP by the language in its "Information and Instructions for Assessment Appeal Application" t...

Excerpt: ...s motion to transfer case is denied. Venue is proper per CCP 395(a) because this action was filed in the county where one of the defendants resides. The complaint does not show that defendant Robert Morrison, a San Francisco resident, was improperly joined or joined in bad faith. Joinder statutes are liberally construed and where a plaintiff is uncertain as to the extent each tortfeasor is responsible for his injuries, joinder of the all alleged ...

Excerpt: ...tive economic relations and breach of the implied covenant of good fair and fair dealing in the first amended complaint filed by plaintiffs Vatche Cabayan and V. Cabayan Med. Corp. is denied as to both causes of action. Plaintiffs' allegations concerning State Fund's disparaging statements are so factually deficient that they preclude a determination whether they arise from State Fund's exercise of activity protected by the anti‐SLA...

Excerpt: ...Of Patientpop, Inc. For Business Records And Request For Monetary Sanctions Plaintiffs' motion for an order compelling compliance with their deposition subpoena to non‐ party PatientPop, Inc. is granted in part. No later than October 31, 2018 PatientPop is required to produce all documents in its possession, custody and control regarding the reputation and competence of defendant Rachel Shu including all reviews of Dr. Shu by persons for wh...

Excerpt: ...tion Agency, Inc.'s first, eighth and ninth causes of action for breach of contract, quantum meruit and promissory estoppel are stricken. All other monetary and non‐monetary sanctions sought by Uber are denied. RPA's request for monetary sanctions is also denied. This motion should never have been brought and is arguably an abuse of the 128.7 procedure notwithstanding that Uber is correct that RPA should have dismissed its claims seekin...

Excerpt: ...hat a dangerous condition of public property caused plaintiff's injury as a matter of law. Plaintiff must demonstrate the following to maintain his cause of action for dangerous condition of public property: (1) that CCSF owned or maintained the property; (2) that the property was in a dangerous condition on the date of accident; (3) causation; (4) the dangerous condition created a reasonably foreseeable risk of the kind of injury incurred; a...

Excerpt: ...cial notice of the 2009 separation agreement is denied because the parties dispute the validity and binding nature of that document. Mr. Ratias contends that the 2010 release superseded all prior contracts and Radius implicitly asserts that the 2009 separation agreement is binding. "[W]e hold the existence of a contract between private parties cannot be established by judicial notice under Evidence Code section 452, subdivision (h). Judicial ...