Excerpt: ...st per S.F. Campaign and Government Conduct Code 1.142(b) to obtain the campaign financing funds. Ms. Bassan's attempted filing was timely as the deadline had not yet expired. The record further discloses that by the deadline, respondents City and County of San Francisco and San Francisco Ethics Commission (collectively CCSF) had received Ms. Bassan's campaign contribution supporting materials. (Petition, Ex. 1, pgs. 21‐22.). Those mate...

Excerpt: ... leave to amend. Streets & Highways Code 30922 allows plaintiffs to bring an action to contest the validity of the toll increase authorized by Regional Measure 3. However, section 30922 does not expressly refer to the validation statues and thus the procedural requirements of the validation statutes do not apply. Government Code 50077.5 is inapplicable to the second cause of action since Regional Measure 3 was not approved per Article 3.5 which i...

Excerpt: ...ses of action. The first and second causes of action adequately allege intentional and negligent misrepresentation claims based on Swinteron's alleged dissemination of the Project Manual knowing that Energia would rely on it and the Manual containing intentional and negligent misrepresentations about the testing of the window products. While the first cause of action adequately alleges an intentional misrepresentation claim, it also adequatel...

Excerpt: ... to an answer is not sanctionable conduct as there is a basis for such a filing per FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 346, the filing of this demurrer is a complete waste of time and ruling upon it does nothing to further the litigation in this case. The affirmative defenses are alleged in a way that conforms to long‐established and accepted practice in the Bay Area state courts. The purpose of this practice is to preserv...

Excerpt: ...e stipulation does not set a new briefing schedule and therefore the Court amends the briefing schedule as follows: supplemental opposition, if any, due by February 21, 2018. Supplemental reply, if any, due by February 27, 2018. The parties have not filed the stipulation and proposed order and they shall do so prior to January 31, 2018 at 9:30a.m. If a hearing is requested, it will be at 9:30a.m. A court reporter will not be provided by the court...

Excerpt: ...othy Lis' motion to set aside default and default judgment is granted in part. The default entered against Timothy Lis on June 25, 2018 is vacated on the condition that must be accepted by Timothy Lis that he will not assert any argument that any claims of plaintiff Lynne Crawford against him are barred by the five year statute. No default judgment has been entered against Timothy Lis, so that portion of the motion is off calendar. Timothy Li...

Excerpt: ...ded complaint adequately alleges that TinyCo, Inc. assigned its obligations under the Revenue Share Agreement to Jam City. Loytr's failure to file the first amended complaint in the time frame required by the July 20, 2017 order is not a basis to preclude it from filing the first amended complaint at least where, as here, Jam City did not seek entry of judgment prior to Loytr's filing of the first amended complaint and Jam City has not sh...

Excerpt: ... Berkley Assurance Company DENIED. There is a ripe controversy between Ms. Levinson and Mr. Taylor, on the one hand, and Berkley on the other, whether there is any possibility that Berkley's policy covers the malpractice claims asserted by Ms. Levinson and Mr. Taylor against Mr. Wiseblood in the underlying action. Based on the order rescinding the policy, Berkley is entitled to a declaration in its favor and against Ms. Levinson and Mr. Taylo...

Excerpt: ... to compel arbitration is granted. This case is stayed pending the conclusion of arbitration proceedings. The FAA applies to this case because it involves interstate commerce as acknowledged in the complaint. Instquest is a Delaware corporation and its on‐line services implicate interstate commerce. Paragraph 13 of the parties' agreement expressly states that the FAA will govern with the limited exception that the procedural rules of the CA...

Excerpt: ...nth, eighth, seventeenth, and twenty‐first affirmative defenses, b) OVERRULED as to the fifth, sixteenth, eighteenth, nineteenth, twenty‐second through twenty‐fourth and twenty‐eighth affirmative defenses, and c) SUSTAINED without leave to amend as to the sixth, ninth through fifteenth, twentieth, twenty‐fifth through twenty‐seventh and twenty‐ninth affirmative defenses. Defendants' request for leave to amend certain of their af...

Excerpt: ... fraud in the third amended complaint filed by plaintiff David Lampach GRANTED. By presenting Mr. Lampach's responses to the deemed‐served discovery, Mr. Keller and Delft satisfied their summary adjudication burden that Mr. Lampach has no information that either of the defendants made any communication in connection with the offer for the sale or purchase of securities in the consulting agreement that either included an untrue statement of ...

Excerpt: ...nt Litigation In Favor Of Arbitration. Memorandum Of Points And Authorities And Declaration Of Defendant Defendant Chung Chan, Jr.'s motion to compel arbitration is granted. This case is stayed pending completion of arbitration proceedings. If Mr. Chan does not cooperate in obtaining resolution of the claims filed by plaintiff Tour‐Sarkissian Law Offices, LLC by arbitration, TSLO is given leave to file a motion for determination that Mr. Ch...

Excerpt: ...re and Dr. Slosar must occur at a mutually agreeable date no later than January 15, 2018 or the experts will not be allowed to testify at trial. Plaintiff's counsel must pay sanctions of $3050 to defendants no later than January 15, 2018. Although plaintiff Lee Nager did not have permission to file any papers on this motion after the hearing before Judge Pro Tem Peter Catalanotti, the court reviewed those papers and does not believe that any ...

Excerpt: ... 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 telephone, the stipulation ma...

Excerpt: ...that the video produced by Mr. Luini is not entitled to the protections in the protective order or that his ability to prosecute this case is impaired by that protective order. While some of the evidence submitted with the moving papers is suggestive that counsel for defendants may be interested in avoiding embarrassment of their clients by public dissemination of the video, reviewed as a whole, the evidence submitted on this motion shows that de...

Excerpt: ...Azarinfar are the prevailing parties in this case for purposes of recovering costs. All costs claimed by the defendants in their memorandum of costs filed October 31, 2017 are allowable as a matter of right or in the exercise of the court's discretion. All claimed costs were reasonably incurred. None of Dr. Nanda's arguments why some or all of the claimed costs should be stricken or taxed have any merit. Any party who contests a tentative...

Excerpt: ...nd Production Of Documents By Fca Us Llcs Dealership Personnel And Request For Sanctions In The Amount Of 3,060 GRANTED. The noticed deposition location is appropriate under CCP 2025.250. A claim of undue burden is properly made by a motion for protective order or stay. Discovery sanctions of $3,060 are awarded against defendant. Any party who contests a tentative ruling must send an email to [email protected] with a copy to all other par...

Excerpt: ...e strongest case of extrinsic mistake, Mr. Wong has adequately shown all of the required elements to invoke the court's exercise of its discretion to relieve him of the default and default judgment on the grounds of extrinsic mistake. Granting the motion comports with California's strong policy of deciding cases on their merits and plaintiff has not shown that it will suffer any legal prejudice by the granting of the motion. Plaintiff'...

Excerpt: ...aside the default judgment entered against defendant Williams & Burrows, Inc. is granted. Hartford Fire Insurance Company and Nationwide Insurance Co. demonstrated that the Court should invoke its inherent, equitable power to set aside a default judgment on the ground of extrinsic fraud or mistake because they demonstrated a meritorious defense, a satisfactory excuse for not presenting a defense to the original action, and diligence in seeking to...

Excerpt: ...ed on his recent receipt of discovery supporting these allegations. Granting the motion comports with California's liberal policy of allowing amendments to pleadings at any time, particularly where, as here, there is no legal prejudice to cross‐defendants by doing so. The court's previous comments about a last opportunity to amend are fairly construed to cover only matters that Mr. Schuldiner then knew or should have known, not matters ...

Excerpt: ...el Zephyr is an entity that can be sued. Defendants have adequately shown that Hotel Zephyr is not a legal entity and thus it cannot be sued. If Ms. Salas learns information to the contrary, she may seek to amend her complaint or any judgment that she might obtain to add Hotel Zephyr and may do so without regard to any statute of limitations or laches defense due to principles of judicial estoppel. Any party who contests a tentative ruling must s...

Excerpt: ...ion which is based on sufficient facts establishing the absence of any assets attributable to Ms. Elizon that could be paid in settlement of this lawsuit. The papers filed on behalf of Ms. Elizon do not adequately show that there are no assets attributable to Ms. Elizon that could be paid in settlement of this lawsuit. Nor do those papers show that sufficient efforts were made to locate any heirs of Ms. Elizon or determine the scope of her decede...

Excerpt: ...DLSE proceedings is granted in part. All DLSE proceedings are stayed pending the California Supreme Court's decision in OTO, L.L.C. v. Kho. Once the decision in OTO is issued, the parties should meet and confer regarding the impact of that case on this petition. If any of the respondents believe that the California Supreme Court's decision in OTO does not support granting the petition, Uber may re‐notice its petition for a hearing at th...

Excerpt: ...aylor did not make any intentional misrepresentation about the damages the plaintiffs suffered as a result of the Sonoma County fires. Mr. Wiseblood's accusations to the contrary and his efforts to obtain a litigation advantage not only are unfounded and violate norms of civility expected of all counsel, but are also arguably violative of CCP 128.5. Any party who contests a tentative ruling must send an email to [email protected] with...

Excerpt: ...fraud. Defendants' request that the court take judicial notice of the special consent signed on September 8, 2015 is DENIED. The special consent is not explicitly referred to in the first amended complaint and is not the kind of document that a court may judicially notice. 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) ...