Excerpt: ...is another attempt by plaintiff to avoid the arbitration he contractually agreed to - an arbitration this court ordered 11 months ago. Plaintiff is a sophisticated businessperson who declares he has "spent more than $800,000 of my own money" on a marijuana dispensary. (Valdez Dec. 2:20-22.) Plaintiff claims he is "currently receiving public assistance," but proffers no documentary evidence of that. (ld. at 2:16-17.) Likewise, plaintiff reports he...

Excerpt: ... without prejudice. Scott & Warner Builders, Inc. was general contractor on a home reconstructon project that had a flooding event. There were "several subcontractors," including Deehan and Ideal Restoration, Inc. (Pham Dec. 2:5-7.) SWB's insurer apparently paid the homeowner some unstated amount of money and seeks $280,301 from some unstated set of the several subcontractors for unstated liabilities. Deehan seeks to settle for $35,000; Ideal opp...

Excerpt: .... First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one arising from protected activity If the court finds that such a showing has been made, it must then determine whether the plaintiff has demonstrated a probability of prevailing on the claim." (Navellier v. Sletten (2002) 29 Cal.4th 82, 88.) Silverman's protected activities were filing and pursuing a lawsuit against Fayad. That t...

Excerpt: ...rts to have served Borenstein via a front desk guard at a San Francisco apartment building. However, Borenstein declares under #nalty of perjury that he does not live or work in the apartment, did not authorize anyone there to accept service and for "the past five years, and currently, I live outside the United States in Israel." Plaintiffs points - much of them hearsay of which judicial notice cannot be taken - are unavailing. It is true, as pla...

Excerpt: ..., well before moving to compel arbitra
Ÿon against respondents in 2021. (See, e.g., Fayad Dec. 3:24-4:4, Ex. A.) Yet he has not sought to include Silverman in the arbitra
Ÿon proceedings un
Ÿl now. Further, everyone agrees pe
Ÿ
Ÿoner had the burden to prove that Silverman is liable under a conjunc
Ÿve three-part test. (Relentless Air Racing, LLC v. Airborne Turbine Ltd. Partnership (2013) 222 Cal.App.4th 811, 815-16; Memo. 4:20-26; Opp. 3:1...

Excerpt: ...eming, 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 moton will be asked to sign a stipulation agreeing that the motion may 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 a...

Excerpt: ...OMPEL DISCO RESPONSE TO DEFT GENENTECH, INC.(TENTATIVE RULING PURPOSES ONLY PART 2 OF 2) Plaintiffs' discovery requests and this motion were misguided and ineffective as a procedural matter but were nevertheless intended to effectuate the purposes of discovery. Accordingly, sanctions for alleged abuse of the discovery process would be unjust under the circumstances and are denied. For the 9:00 a.m. Discovery calendar, all attorneys and parties ar...

Excerpt: ...he 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 will decide the motion with the same authority as a Su...

Excerpt: ...ocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract." (AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333, 336; 9 U.S.C. sec. 2.) Plaintiff Honorio Altun entered into a sales contract with a dealership. (Compl. 8.) The manufacturer of the car, Nissan, is not a party to this sales contract. Nissan seeks to compel arbitration against Altun through equitable estoppel. Under equitable estop...

Excerpt: ...ry Sanctions In An Amount Not Less Than 6785 (Motions). (part 1 of 2) plaintiffs/Cross-Defendants' motion sanctions is denied. plaintiffs/Cross-Defendants bring their moton pursuant to CCP 128.7(b)(2) - (3), on the grounds that Defendants/cross-complainants' MSA lacks legal support, because (1) their entire argument that a breach of fiduciary duty has been established is premised on the fiction that the overruling of a demurrer is a ruling on the...

Excerpt: ...rgues for stay of the arbitration so the court acton can be tried first. That would be contrary to strong public policies favoring arbitration. (See, e.g., AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333; Lewis v. Fletcher Jones Motor Cars, Inc. (2012) 205 Cal.App.4th 436.) To the extent California law were to apply here at all, CCP 1281.2 applies only when "a party to the agreement refuses to arbitrate." Such is not so here. Moreover, CCP 12...

Excerpt: ...gs:Matter on the Discovery calendar for Tuesday, July 11, 2023, Line 3, (to be heard at 1:30 p.m. by Judge Pro Tem Scott Borrowman) 2 - PLAINTIFFS PEBBLEBROOK HOTEL, LP, PEBBLEBROOK HOTEL TRUST, SERENITY NOW, LP, A DELAWARE LIMITED PARTNERSHIP, LET IT FLHO, LP, A DELAWARE LIMITED PARTNERSHIP, GEARY DARLING, LP. A DELAWARE LIMITED PARTNERSHIP, SF TREAT, LP, A DELWARE LIMITED PARTNERSHIP'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORI...

Excerpt: ...Undertaking. WSJ, LLC 's motion to require out-of-state plaintiff to file a CCP 1030 bond is denied. "To obtain an order requiring such bond, defendant must show a 'reasonable possibility' that it will prevail at trial, and a detailed estimate of the costs it is likely to incur." (Weil & Brown, Cal. Practice Guide: Civ. Proc. Before Trial, 11:280.2.) At minimum, WSJ fails to show the latter; the Fisher declaration is insufficient. For the 9:30 a....

Excerpt: ...ment for a negligent breach of fiduciary duty is met, there are no triable issues of material fact and defendants have no defenses. (Not., 10-17.) Cross-Defendants negotiated a settlement agreement for cross-complainants which included "crucial" terms that an independent board would be implemented and or the matter would proceed to trial. (MPA, 2:28, 3:1-2.) The language of the settlement agreement reads as follows: "The parties agree to explore ...

Excerpt: ...ontract between Plaintiff Lianette Hollie and the dealership Hanlees Hilltop Nissan under equitable estoppel. under equitable estoppel, a nonsignatory defendant can compel a signatory plaintiff to arbitrate its claims when the causes of action against the nonsignatory are "intimately founded in and intertwined with' the underlying contract obligations. (Ford Motor Warranty Cases (2023) 89 Cal.App.5th 1324, 1333-34.) The 'fundamental point' of equ...

Excerpt: ...ed show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law." (CCP sec. 437c(c).) The moving party has the initial burden of production to show the nonexistence of any triable issue of material fact; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own to show the existence of a triable issue ...

Excerpt: ...A., Inc.) motion to compel arbitration is denied. The Federal Arbitration Act (FAA) makes agreements to arbitrate "valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract." (AT&T Mobility LLCv. Concepcion (2011) 563 U.S. 333, 336; 9 U.S.C. sec. 2.) The arbitration provision contained within the car's sales contract is governed by the FAA. (See Myers Decl., Ex. A at p. 7.) Plainti...

Excerpt: ... Pursuant to the parties' agreement, the motion to strike is granted without leave to amend as to the following: 1. Page 6 between lines 8-9, which states: "defendants willfully and/or maliciously and/or in conscious disregard of plaintiffs rights failed and/or refused to do so"; 2. Page 6, line 11, which states: "callously"; 3. Page 6 between lines 11-12, which states: "selfish purposes"; 4. Page 6, line 13, which states: "punitive damages" and ...

Excerpt: ...by a contract. In it, the parties agreed that courts in San Francisco would have "exclusive jurisdiction' cwer "any dispute or lawsuit arising out of" the contract. (See Jaworski Decl., Ex. E.) For decades, the courts have validated such selection clauses. (Smith, Valentino & Smith, Inc. v. Superior Court (1976) 17 Cal.3d 491, 495-496.) Defendants do not dispute this, but argue that the contract language does not give this court personal jurisdic...

Excerpt: ...compel arbitration of Plaintiffs (Maximillian Jones) individual PAGA claims is granted. Plaintiffs representative PAGA claims are ordered stayed pending arbitration of the individual PAGA claims. (9 U.S.C. sec. 3.) The Federal Arbitration Act (FAA) makes agreements to arbitrate "valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. ' (AT&T Mobility LLC v. Concepcion (2011) 563...

Excerpt: ...quirements 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 te...

Excerpt: ...ted. The court severs the cause of action for writ of mandamus against the Commissioner of the Department of Insurance and directs the Clerk of the Court to assign a new case number to that claim. Plaintiff's claims for breach of contract and breach of the implied covenant of good faith and fair dealing will proceed under the existing case number (CGC-23-605589). For the reasons below, the court denies defendant's request to transfer the breach o...

Excerpt: ...February 27, 2023, the court issued an order stating that defendant's moton was "denied." (Order Denying Arbitration, 1:26.) The motion was not denied "without prejudice" and therefore, defendant needs to comply with the prerequisites of CCP IW8(b) for this renewed motion. Defendant fails to meet its burden. Defendant fails to demonstrate new facts or diligence. (Even Zohar Construction & Remodeling, Inc. v. Bellaire Townhouses, LLC (2015) 61 Cal...

Excerpt: ...equately pleads the elements of an Unruh Act claim. (CACI 3060.) Plaintiff alleges she is disabled and defendants denied her full and equal access to public space in their condominium building by a series of unsafe and/or illegal conditions. (See, e.g., Cmplt. at 1:21-4:23, 6:28-18:8, 22:11-22, 27:22-23.) Where ADA- mandated access is at issue in an Unruh Act case, intentional discrimination is not required. (Munson v. Del Taco, Inc. (2009) 46 Ca...

Excerpt: ...ite Inspection And Request For Monetary Sanction. Pro Tem Judge Robert Kane, 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 p...