Excerpt: ...eviously by the Court, plaintiff is barred from bringing the dangerous condition cause of action because it is based on a completely different factual theory than that alleged in Mr. Ghadieh's government claim. Mr. Ghadieh was required to file an application to amend his initial government claim pursuant to Gov't Code 911.4 after he allegedly learned the accurate location of the accident on or about July 6, 2017 but failed to do so. Even ...

Excerpt: ... 360's demurrer to the Third Amended Complaint is OVERRULED. Judge Dekreon already concluded that there was good cause and genuine ignorance to allow the Doe amendment and the court will not revisit that issue. HealthRIGHT 360's authorities are distinguishable and it fails to show that plaintiff's claims are time barred. Scherzer v. Mark (1976) 64 Cal.App.3d 834 stands for the unremarkable proposition that a plaintiff cannot feign ign...

Excerpt: ...Without Leave To Amend To be heard by Judge Charlene Kiesselbach at 2:00 PM in Department 302. Judge Kiesselbach issues the following tentatuve ruling: Plaintiff's Jamil Bey motion for reconsideration of the order sustaining a demurrer without leave to amend to plaintiffs original complaint is denied and plaintiff Cornejo is ordered to file a an amended complaint removing Mr. Bey from the action. Mr. Bey has not alleged any new facts that wou...

Excerpt: ...Motion And Motion For Reconsideration Of Order Granting Ex Parte Application For Leave To File A First Amended Cross‐Complaint Adding Maxxon As A Dross‐Defendant; Memorandum Of Points And Authorities In Support To be heard by Judge Charlene Kiesselbach at 2pm in department 302. Judge Kiesselbach issues the following tentative ruling: Third Party Cross‐Defendant Defendant Maxxon Corporation's motion for reconsideration of order granting ...

Excerpt: ...Motion And Motion For Reconsideration Of Order Granting Ex Parte Application For Leave To File A First Amended Cross‐Complaint Adding Maxxon As A Dross‐Defendant; Memorandum Of Points And Authorities In Support To be heard by Judge Charlene Kiesselbach at 2pm in department 302. Judge Kiesselbach issues the following tentative ruling: Third Party Cross‐Defendant Defendant Maxxon Corporation's motion for reconsideration of order granting ...

Excerpt: ...endant Defendant Maxxon Corporation's demurrer to cross‐complainant Hoem's first Amended complaint is sutained with 10 days leave to amend as to all casues of action. The First Amended Cross Complaint fails to allege sufficcient facts supporting a cause of action for equaitable indemnity, apportment and constribution and declaratory relief. Hoems is given leave to pled facts with sufficient specificity as to the prdicate tort on which t...

Excerpt: ...est Leeann Phelham, In Her Official Capacity As Executive Director Of San Francisco Ethics Commission) Defendant City and County of San Francisco's motion to tax costs is granted as to all costs sought to be stricken and plaintiff Lou Ann Bassan's request in her opposition paper for an award of attorney's fees is denied. $1,110.55 of Ms. Bassan's claimed costs are taxed. While Ms. Bassan's error in initially filing her writ in...

Excerpt: ...g on November 6, 2017 in department 12 shows that Judge Quinn believed there was good cause to extend the 30 day period for hearing American Surety's Penal Code 1305(c)(3) motion to vacate the forfeiture and exonerate the bail at least until November 21, 2017. The transcript of the hearing on November 21, 2017 in department 12 shows that the DA's office and the City Attorney's office had received notice of November 21, 2017 hearing an...

Excerpt: ... Default And For An Order To Show Cause Re Sanctions Per Crc 3110h. Defendant Karen Mix's motion to quash service of summons and complaint or, in the alternative, to vacate entry of default and for an order to show cause re sanctions is granted in part. As best as the court can discern, Ms. Mix's primary concern is that she be permitted to challenge some or all of the costs claimed by plaintiff Entrepreneur Media, Inc. Under the unique ci...

Excerpt: ...sanctions is denied in its entirety. The court adopts in full the recommendation and reasons for that recommendation in the thoughtful and well‐reasoned report of Judge Pro Tem Melinda Derish. 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 shal...

Excerpt: ... pleadings, that policy does not control where, as here, the proposed new claims are not cognizable and/or granting the motion would likely require a continuance of the trial to the prejudice of the opposing party. Mr. Rogers' proposed claims of negligence and intentional infliction of emotional distress against Intelius are not actionable and are clearly designed not to seek relief against Intelius, but rather to prompt Intelius to file a cr...

Excerpt: ... ground of demurrer in a separate paragraph. The Court will not consider plaintiffs' argument based on C.C.P. ? 431.30(g) as they did not identify that as a ground for demurrer in their Notice of Demurrer and Demurrer. Plaintiffs failed to demonstrate how the forty‐five affirmative defenses to which they demur do not state facts sufficient to constitute a defense or are uncertain. (C.C.P. ? 430.20(a), (b).) Plaintiffs failed to meet and con...

Excerpt: ...tained without leave to amend. Although not raised in the demurrer, the sixth cause of action is likely invalid due to the failure of plaintiff Skanska USA Civil West California District, Inc. to file a government claim against TJPA because the sixth cause of action, fairly construed, seeks release of retained funds. (See Canova v. Trustees of Imperial Irrigation District Employee Pension Plan (2007) 150 Cal. App. 4th 1487, 1493 (government claim...