Excerpt: ... of Ellis Act notices at this late date, 17 months after they were served. In any event, fairly read, the notices were appropriate. To defendant's first point, the cover letter quotes the exact relevant language of the rent ordinance. Moreover, the commonsense reading of "No party shall be relieved of the duty to perform any obligation under the lease or rental agreement during the extended tenancy" is the usual Ellis Act period plus the added ti...

Excerpt: ...gation ‐ now dismissed ‐ with Bemdad Behnood. Behnood filed a costs memorandum, later clarifying that costs were only sought from EDG. EDG would strike or tax costs regarding depositions of Behnood, Evangelista and a PMK and expert fees of Eric Drabkin and Kevin Clarke. (Not. 2:9‐15.) Behnood made a $7,500 CCP 998 offer to EDG in October 2019 that was not accepted. In August 2020, EDG dismissed its claims against Behnood without prejudice, ...

Excerpt: ...ry judgment, or in the alternative, motion for summary adjudication is granted in part and denied in part. Summary judgment is granted to sheriff's deputy Folger, because plaintiff Charles Pitts' opposition does not dispute what Folger asserts: that he did not participate in the conduct Pitts complains about. Indeed, the opposition does not mention Folger at all. Pitts' opposition does aver that other sheriff's deputies (1) "stopped what they wer...

Excerpt: ...ll overruled: Fraud. The FACC adequately pleads constructive fraud. (Civ. Code 1573; CACI 4111.) The fraud claim arises in part from extra‐contractual duties, and California law permits pleading claims in the alternative in any event. (Adams v. Paul (1995) 11 Cal.4th 583, 593.) Breach of Contract. 250 Fourth pleads "written notice to Virgin Hotels of all such breaches under the HMA." (FACC 6:26‐7:2.) Virgin raises disputes of fact and mixed d...

Excerpt: ... Lu'S Motion To Set Aside The Default Of Corporate Officers Kevin Johnson, Patrick Grismer And Peter Filipovic Entered On February 10, 2020 Defendants' motion to set aside the default of corporate officers Kevin Johnson, Patrick Grismer and Peter Filipovic entered on February 10, 2020 is granted. The record is undisputed that Plaintiff took the default of the corporate officers although he knew they were represented by counsel, who had informed h...

Excerpt: ...his employment agreement. (Bhattacharya Decl. 4‐8.) Petitioner's evidentiary objections to the Bhattacharya declaration are overruled. Plaintiff, who has not submitted his own declaration in opposition to the motion to compel, does not challenge the authenticity of his signature on the employment agreement or deny that he signed it. Although it would have been better practice for Defendant to properly authenticate the agreement in its moving pa...

Excerpt: ...vidence Code section 452(b) as to Exhibits L and M, and DENIED as to Exhibits N and O. Defendant failed to meet its initial burden of demonstrating that Plaintiff does not possess and cannot reasonably obtain evidence that Decedent was exposed to asbestos‐ containing products or materials attributable to Defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 855.) The testimony of James Greely is insufficient to show that Defendan...

Excerpt: ...The Writ "A writ of mandate may be issued against a public body or public officer 'to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station' in cases 'where there is not a plain, speedy, and adequate remedy, in the ordinary course of law.'" (Flores v. Dept. of Corrections and Rehabilitation (2014) 224 Cal.App.4th 199, 205; Code Civ. Proc. sec. 1086.) The general rule is that a writ...

Excerpt: ...epartment of Fair Employment and Housing ("DFEH"). Defendant Salesforce.com, Inc.'s Demurrer to Complaint is overruled on all other grounds. Defendant Salesforce.com, Inc. contends that Plaintiff's first, second, third, and fourth causes of action are barred by the statute of limitations as Plaintiff did not file an administrative complaint with the DFEH within the one‐year statute of limitations period. (Gov't Code section 12960(d).) Although ...

Excerpt: ...ficiently allege a cause of action for intentional misrepresentation, with specific allegations that show "oppression, fraud, or malice." Defendant's motion to strike the request for injunctive relief is denied. Such a demand is proper under the UCL. "Any person who engages, has engaged, or proposes to engage in unfair competition may be enjoined in any court of competent jurisdiction." (Bus. & Prof. Code 17203.) Defendant does not show from the ...

Excerpt: ...inst Andrea Davis And Her Counsel In Teh Amount Of $1910.00 (Part 1 of 2 for purposes of entry of tentative ruling). Pro Tem Judge William Lynn , 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. ...

Excerpt: ...relationship between the plaintiff and the defendant, such [as] a fiduciary relationship, that requires an accounting or a showing that the accounts are so complicated that they cannot be determined through an ordinary action at law." (See Fleet v. Bank of America, N.A. (2014) 229 Cal.App.4th 1403, 1413.) "An action for accounting is not available where the plaintiff alleges the right to recover a sum certain or a sum that can be made certain by ...

Excerpt: ...n Defendant Dignity Health Medical Foundation, Inc.'s motion to quash service of summons of amended complaint is denied. The motion is denied as to plaintiffs Abell, Driemeyer, and Hall as movant concedes that it has generally appeared in their action and no longer seeks to quash service of the summons. (Reply, 2:1‐6.) The motion is denied as to plaintiff Nava. "Code of Civil Procedure section 474 is to be liberally construed." (Fuller v. Tucke...

Excerpt: ...(A) requires a landlord to make a relocation payment to an "authorized occupant" of the rental unit at the time of the service of the notice of termination of tenancy. In this case, plaintiff alleges that it served the notice to terminate on April 30, 2019. (Complaint, par. 10.) Paragraph 13 of the complaint further alleges that plaintiff first discovered that Johnston claimed to be an occupant of the premises on May 16, 2019. Plaintiff obviously...

Excerpt: ...efendant Susan C. Ngoon, An Individual, To Plaintiff Ricky Su's Judicial Council Form Interrogatories; Set One; And Request For Monetary Sanctions Against Defendant Susan C. Ngoon, An Individual And Her Attorney: Pro Tem Judge Katherine Gallo, 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 motio...

Excerpt: ...an fell and severely broke his ankle on stairs at a dwelling rented from defendants Nabeel and Kiran Alvie. As defendants note, the complaint's causes of action for premises liability, negligence and negligence per se "are all based upon negligence principles." Defendants base their summary judgment/adjudication motion on assertions that there are no triable issue of material facts "as to the existence of an unreasonably dangerous condition" and ...

Excerpt: ...is Ventures, Inc.'s application for a right to attach order is denied. Osiris and cross‐complainant/defendant Higher Ground Management, LLC are litigating a dispute over the putative sale of a cannabis dispensary. Higher Ground says it took a $400,000 loan from Osiris as a "soft deposit" on the sale, then lost several million dollars when Osiris did not go through with the sale as promised. Based on the limited facts presented, I cannot make th...

Excerpt: ...tlantic Richfield Co. (2001) 25 Cal.4th 826.) The declaration of Captain Margaret McCloskey is insufficient because it sets forth generalities and does not preclude the possibility that decedent could have employed precautionary measures to protect himself from asbestos dust even if the Navy prescribed his duties. Decedent's co-worker Benjamin Harris testified that OBAs were available on the Enterprise in case they had to fight a fire and respira...

Excerpt: ...m 2003 is not inconsistent with Plaintiffs' allegations in the FAC that Decedent "worked in close proximity to other plumbers cutting and installing JOHNS MANVILLE (MANVILLE TRUST until 1/1/1983, J‐M MANUFACTURING COMPANY, INC. after 1/1/1983) Transite asbestos‐cement pipe." (Ex. 2 to Request for Judicial Notice [FAC, Ex. A at 59].) Decedent testified that while he did not cut the transite pipe himself, he observed others cutting the pipe wit...

Excerpt: ...n for summary judgment or alternatively, summary adjudication is denied in its entirety. The Court's complete tentative ruling is emailed to counsel on Oct-20-2020. As a result of the COVID-19 emergency, all attorneys and parties are required to appear remotely. Hearings will be conducted by videoconference using Zoom. To appear at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Ruling...

Excerpt: ... to install drainage tubes that direct all of their dog‐feces contaminated water runoff on to the Reeds' property, befouling the Reeds' backyard and destroying their property; the Wills have trespassed on to the Reeds' property to remove the common fence that divides their property against the Reeds' express desires; and the Wills have maliciously installed flood lights and video cameras for no other purpose than to harass and annoy the Reeds i...

Excerpt: ...020 AT 9:30 AM IN DEPARTMENT 302, LINE 1 PLAINTIFF/Judgment Creditor ISEC INC's Motion For Nunc Pro Tunc Order Regarding Renewal Of Judgment Plaintiff/judgment creditor ISEC, Inc.'s motion for nunc pro tunc order regarding renewal of judgment is granted. On March 23, 2010, the Court entered judgment by default in this action in favor of ISEC in the total amount of $80,373.35. ISEC shows that on March 19, 2020, it timely attempted to electronicall...

Excerpt: ...eks to add factual allegations that Defendant Okon was driving after having ingested marijuana, thereby causing her to fall asleep or lose consciousness at the wheel, and a claim for punitive damages. The proposed amendment is appropriate. (See Taylor v. Superior Court (1979) 24 Cal.3d 890, 892‐893 ["the act of operating a motor vehicle while intoxicated may constitute an act of 'malice' under [Civil Code] section 3294 if performed under circum...

Excerpt: ... & Hawley, Inc. (“Luppen”) to install a “Chilled Water System” (“CWS”) consisting a various components including 5‐inch pipes. It appears undisputed that Luppen obtained the necessary 5‐inch pipe in April 2006 from CalSteam Sacramento (“Cal‐Steam”), which was subsequently acquired by crossdefendant Ferguson Enterprises, Inc. (“Ferguson”) and that the CWS was completed by December 2006. Plaintiff State of California alleg...

Excerpt: ...Overview This is a personal injury action. Plaintiff alleges the acts occurred on August 14‐16, 2019, at the Deuel Vocational Institute, Legal Processing Unit, in Tracy, California. He alleges: “Defendant's conduct resulted in false imprisonment and a deprivation of liberty because of a futile letter to the sentencing court alleging plaintiff's sentence was illegal based on the fact that plaintiff's probation violation was required by law to ...

Excerpt: ...otective Order To Limit Defendant 4 USA Loans, Inc. dba Premier Realty Associates To 35 Special Interrogatories: 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 a...

Excerpt: ...ve 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 may be signed v...

Excerpt: ...f action for premises liability. Plaintiff alleges that on September 24, 2018, she ran into a clear unmarked glass wall at the Salesforce Transit Center, breaking two of her front teeth. (TAC 9.) In her first cause of action for negligence/vicarious liability, she alleges that the glass wall was constructed by "either TJPA employees or independent contractors employed by TJPA who failed to properly mark the glass wall and/or violated California B...

Excerpt: ...g Purposes Only) This Court having already entered judgment in this action pursuant to the terms of the settlement agreement, Plaintiff's motion to enforce the settlement agreement is moot. Likewise, Plaintiff offers no colorable basis for amending the judgment to reflect the amount of the Court's March 17 order awarding attorney's fees and costs. That order is independently enforceable, and Defendant has already complied with it. The Court rejec...

Excerpt: ...ees and Costs is denied. Plaintiff fails to establish that Defendants are asserting conflicting claims to the annuity. (Code Civ. Proc., 386(b); Westamerica Bank v. City of Berkeley (2011) 201 Cal.App.4th 598, 608 [to maintain an interpleader action, the plaintiff must show a reasonable probability of double vexation rather than a mere suspicion of double vexation.].) "Although section 386 has broadened the scope of the interpleader remedy, it is...

Excerpt: ...orth 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 telephone, the sti...

Excerpt: ...o the parties via e‐mail. The primary assumption of risk doctrine is "a complete bar to the plaintiff's recovery" where, "by virtue of the nature of the activity, the defendant owes no legal duty to protect the plaintiff from the particular risk of harm that caused the injury." (Knight v. Jewett (1992) 3 Cal.4th 296, 314‐15.) It is undisputed that Plaintiff T. Hugand and Defendant were skiing at the time of the incident. (Hugand Depo., 80:21�...

Excerpt: ...r Order Binding Plaintiff To Interrogatory Response And For Protective Order Limiting Plaintiff'S Expert List To Exclude Economic Expert (Added Since Jpt J Wohl Recusal On 10/01/20) The report and recommendation of the judge pro tem is adopted. The City's motion for an order binding plaintiff to his December 2019 amended interrogatory response stating that he "is no longer seeking economic damages" is granted, and the City's motion for a protecti...

Excerpt: ...for mandatory attorneys' fees and costs is granted in the amount of $79,197.03 in attorneys' fees and costs. Complete tentative ruling sent to the parties via e‐mail. As the prevailing party on plaintiff's special motion to strike, Defendant is entitled to recover her attorney's fees and costs. (Code Civ. Proc. sec. 425.16(c)(1) ["a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney's fees and co...

Excerpt: ...without leave to amend as to the eighth cause of action. Defendants' demurrer is sustained with leave to amend as to the FEHA causes of action and the breach of contract cause of action. Plaintiff's claims cannot be brought against the individual defendants without application of the alter ego theory. "[O]nly the employer, not individual supervisory employees, may be held personally liable under FEHA for discriminatory hiring, firing, and personn...

Excerpt: ...es dispute whether Petitioner can use a notice pursuant to Civil Code section 827 to change the terms of the tenancy. (Petition, 21.) Petitioner further alleges that a judicial determination of the parties' rights and obligations is appropriate. (Petition, 24.) Petitioner is not required to allege that Respondent exceeded its jurisdiction when seeking declaratory relief. (See Code Civ. Proc., section 1060.) The Real Party in Interest's Demurrer i...

Excerpt: ...itioner Umpqua Bank's "motion for award of attorneys' fees and costs after granting of amended petition to confirm arbitration award" is granted in the amount of $53,354.48 in fees and $2,638.90 in costs. Respondent Xelan Prop 1, LLC's belated opposition incorrectly states that petitioner's motion seeks "$200,000," and otherwise does not address the motion's subject. Petitioner obtained a judgment confirming an arbitration award against responden...

Excerpt: ...S Cross-Complaint Cross-defendant Khehra's motion to strike is granted without leave to amend. Delta Dental cannot recover attorney's fees as damages. The general rule is that a party pays its own attorney's fees. (See Code Civ. Proc. sec. 1021; Mountain Air Enterprises, LLC v. Sundowner Towers, LLC (2017) 3 Cal.5th 744, 751 ["Under the American rule, each party to a lawsuit ordinarily pays its own attorney fees."]; La Mirada Avenue Neighborhood ...

Excerpt: ...ents Production Of Responsive Documents And For Sanctions Against Jerry Heath (Part 1 of 2 for Purposes of Entry of Tentative Ruling). Pro Tem Judge Scott Borrowman, 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...

Excerpt: ...2020. The Court grants plaintiff's request for judicial notice. Judicially noticeable facts show that defendant Shumate Enterprises, LLC is a suspended entity and the LLC concedes that fact. It therefore cannot defend this action. The main purpose of the statutory suspension is to collect a tax and parties raising the issue are only "incidental beneficiaries" of that law. (See Color‐ Vue, Inc. v. Abrams (1996) 44 Cal.App.4th 1599, 1605; America...

Excerpt: ...tioner therefore is entitled to recover $2,004.20 in costs on appeal. As the prevailing party on appeal, Petitioner is entitled to "only" the costs specified in California Rule of Court 8.278. (Cal. R. Ct. 8.278(d).) Petitioner is not entitled to recover $256.30 in expenses incurred in taking Minimum Continuing Legal Education classes, which petitioner incorrectly categorized as a "premium on any surety bond on appeal." The court is unpersuaded b...

Excerpt: ...y not continuing the summary adjudication motion for further discovery. Mitchell's request for a continuance, which was not supported by an affidavit in compliance with Code of Civil Procedure section 437c(h), was untimely as it was first orally requested at the summary adjudication hearing. (See Roman v. BRE Properties, Inc. (2015) 237 Cal.App.4th 1040, 1056 [request for continuance under section 437c(h) to be made in opposition to summary judgm...

Excerpt: ...turer and seller of the light rail vehicle on which plaintiff was injured, is for strict liability for a defective product. Plaintiff alleges, among other things, that Siemens had knowledge that the doors to the vehicle contained a design defect wherein the doors would close, lock, trap and injure passengers (Compl. pars. 8, 9, 11, 13, 15); that it did not perform proper testing of the door sensors, despite express notice from the City (id. par. ...

Excerpt: ...mpel Macregen, Inc. To Provide Further Responses And Responsive Documents To Requests For Production Of Documents Set Two And Request For Monetary Sanctions (Part 3 of 3 for purposes of entry of tentative ruling). Further responses to Nos. 1, 2, 4, 5, 6, 8, 9, 10, 11, 12, 16 and 18 are denied because Plaintiff has failed to explain the relevance of said requests to the subject matter of the pending action. Plaintiff's required statements of good ...

Excerpt: ...ve 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 may be signed v...

Excerpt: ...udication is denied. Summary adjudication is denied as to issue 1 (defendant's negligence). The court exercises its discretion per Code of Civil Procedure section 437c(e) and denies the motion because Kamireddy's assertion that he revoked Kativarapu's permission to use the vehicle is a material fact to which he is the sole witness since Kativarapu is in India and unavailable. (See Weixel Dec., Ex. A [Kamireddy Depo., 58:1‐60:3].) In addition, t...

Excerpt: ... perform construction in their unit" and "refusing to provide access to their unit for inspection." (Not. 1:22‐23.) For the first point, plaintiffs rely on Alspaugh's declaration that he has "heard sounds of heavy construction work" and "seen Defendants dispose of what appears to be plaster, drywall, and other construction materials." (Id. at 2:15‐29; Mot. 4:7‐14.) However, Alspaugh fails to state when these events purportedly occurred, and...

Excerpt: ..., a court may vacate an arbitrator's award only on a narrow set of grounds. (9 USC 10(a); CCP 1286.2; Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 12‐13.) As the California Supreme Court teaches: "The arbitrator's decision should be the end, not the beginning, of the dispute." (Id. at 10.) Petitioner says he got less discovery than desired and invokes CCP 1286.2(a)(5), arguing "refusal of the arbitrators to hear evidence material to the contr...

Excerpt: ...granted. The issue here is whether Uber drivers are a class of workers engaged in interstate commerce and thus their claims need not be arbitrated as they agreed. (9 U.S.C. sec. 1.) Uber petitioned to compel arbitration in this case in November 2019. On January 24, 2020, I granted the California Labor Commissioner six months of discovery. The legal landscape has changed markedly since then. On April 7, 2020, the Northern District of California co...

Excerpt: ...ion As To Plaintiff's First Amended Complaint Pursuant To CCP Sec. 415.16. Defendants Ceron and Medina's anti‐SLAPP motion to strike is granted in its entirety. The court rejects plaintiff's argument that the motion was not timely noticed. Defendants meets prong 1 of the anti‐ SLAPP statute, which the court liberally construes per CCP 425.16(a). "A cause of action 'arising from' defendant's litigation activity may appropriately be the subject...

Excerpt: ...t asserting one of those causes of action must allege ultimate facts of the defendant's oppression, fraud, or malice"].) Page 12, line 20 through page 13, line 4 of the complaint are stricken in their entirety. Page 13, item 2 under Prayer for Damages is also stricken. Plaintiffs have ten days to amend the complaint from the date of this Order. If a hearing is requested, it will be on September 24, 2020 at 9:30 a.m. In light of the current public...

Excerpt: ...als as tenants in common, only two of whom are named Plaintiffs. Co‐Tenants Timothy P. Edwards, and Joshua R. Vaughn, who are not named in this action, are indispensable parties to the litigation because a judgment in favor of Plaintiffs would affect their interests by restricting their use or occupancy of the premises for at least thirty‐six months. (SFRO 37.9(a)(8)(i); Code Civ. Proc. sec. 389(a); Sierra Club, Inc. v. California Coastal Com...

Excerpt: ...se. Two of those cases have been coordinated before the Orange County Superior Court under Judicial Council Coordination Procedure Case No. 5051, and that court has ruled on motions to stay in those proceedings. (Def. RJN, Exs. W, X.) Defendant does not explain why it has not moved to designate this action as an add‐on case to join those previously coordinated actions. (Code Civ. Proc. secs. 404.1, 404.4.) Absent such a motion, it is unclear wh...

Excerpt: ...ative Means is DENIED without prejudice. No opposition filed. Plaintiffs fail to sufficiently show a common question of law or fact as required for consolidation and joinder. (C.C.P. 1048(a) and 378(a)(1).) Plaintiffs fail to satisfy the Malcolm factors of common worksite, similar occupation, similar time of exposure, and type of disease. (Malcolm v. Nat'l Gypsum Co. (1993) 995 F.2d 346, 350‐51.) Regarding Plaintiffs' request for the Court to o...

Excerpt: ...eference Cases or, In the Alternative, Motion for Joinder of Cases Pursuant to C.C.P. 378, and to Proceed with Trial by Alternative Means is DENIED. Per Plaintiffs, Reid et al. v. Asbestos Corporation Limited et al. (276734) and Rideaux et al. v. General Electric Company et al. (276777) have been withdrawn from the motion. No opposition filed. Plaintiffs fail to sufficiently show a common question of law or fact as required under C.C.P. 1048 and ...

Excerpt: ... proof is on the plaintiff: "[W]hen jurisdiction is challenged by a nonresident defendant, the burden of proof is upon the plaintiff to demonstrate that 'minimum contacts' exist between defendant and the forum state to justify imposition of personal jurisdiction." (Mihlon v. Superior Court (1985) 169 Cal.App.3d 703, 710.) Plaintiff does not show that Mr. Pang is subject to personal jurisdiction in California, as Plaintiff does not show that Mr. P...

Excerpt: ..., Plaintiffs Community Tenants' Association, Shao Yan Chen, Han Lin Liu, Zhi Hua Mo, Yuk Yee Cheng, Hui Zhen Hu, Jin Qing Zhao, Ruizhao Wu, and Qi Wu's Motion For Summary Adjudication Re: Sixth Cause Of Action For Declaration Judgment And Defendants Related Affirmative Defenses. Plaintiffs' motion for summary adjudication on the sixth cause of action for declaratory relief is granted. (The Court's full tentative ruling has been emailed to the par...

Excerpt: ...'s First Amended Complaint. Defendant The Brandeis School of San Francisco's motion to strike the claim for punitive damages for failure to comply with Code of Civ. Proc., section 425.14 is denied. First, Brandeis failed to raise the issue in its first motion to strike, and therefore is barred from doing so now. (Code Civ. Proc. sec. 435.5(b) ["A party moving to strike a pleading that has been amended after a motion to strike an earlier version o...

Excerpt: ... in possession and do not relieve defendants of their duty to pay rent. Defendants fail to show that performance of the contract was prevented by "an irresistible, superhuman cause" within the meaning of Civil Code section 1511. Bretkelly is liable as a party to the stipulation and plaintiff presents competent evidence to support the fee award. Defendants also fail to show that the amount sought is an improper penalty. Per paragraph 4(e) of the p...

Excerpt: ...es its discretion to hear this motion per CCP 425.16(f). The court rejects plaintiff's argument that Judkins failed to provide proper notice of the motion. Judkins meets prong 1 of the anti-SLAPP statute, which the court liberally construes per CCP 425.16(a). "A cause of action 'arising from' defendant's litigation activity may appropriately be the subject of a section 425.16 motion to strike. 'Any act' includes communicative conduct such as the ...

Excerpt: ... Sanctions; 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 Judge Pro Tem who ...

Excerpt: ...ents: 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 Judge Pro Tem who will d...

Excerpt: ..., plaintiff raises triable coercion issues with evidence that the 215-pound Neary mounted her back, used a Greco-Roman control hold and twisted her arms "hard behind her back, past their normal range of motion," causing dislocation and surgeries to her left elbow and shoulder. (PAMF 17-20, 23.) Third, specific intent is rarely admitted by a wrongdoer, so it is often inferred. Plaintiff points to evidence of some "120 officers dressed in full riot...

Excerpt: ...condition, a cherry. Defendant contends that the accident occurred a mere 11 minutes after one of its team members inspected/swept the incident area because the team member pressed button 28 on defendant's Gleason ESP (Electronic Slip/Fall Prevention) inspection log. (UMF 14‐15.) The team member testified that if she had cleaned the area where the incident occurred, however, she would push button 6. (Meisal Dec., Ex. 3 (Mui Depo., 50:25‐54:3)...

Excerpt: ...ments Pursuant To Cal. Code Civ. Proc. Section 2031.320; Request For Sanctions.(part 1 of 2) Pro Tem Judge Peter VanZandt, 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 m...

Excerpt: ... proceedings is granted in part. The court stays defendant Holdman's deposition and any written discovery directed to him so as to preserve his Fifth Amendment privilege against self‐incrimination in the parallel criminal proceedings. (Pacers, Inc. v. Superior Court (1984) 162 Cal.App.3d 686, 690 ["[W]hen both civil and criminal proceedings arise out of the same or related transactions, an objecting party is generally entitled to a stay of disc...

Excerpt: ...orney's fees based on actual time reasonably incurred in connection with the commencement and prosecution of this action pursuant to Civil Code Section 1794(b), to be determined by court motion if the parties cannot agree." Under Civ. Code Sec. 1794(d), the prevailing buyer in a Song‐Beverly Act action "shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney'...

Excerpt: ...ck's motion to enforce stipulation and enter judgment in Quock's favor is denied. On or about February 28, 2020, counsel to the parties entered into a written stipulation by which the City and County of San Francisco agreed that in exchange for a dismissal without prejudice of Quock, a Muni bus driver, the City would produce him in for deposition and he would agree to appear at trial in compliance with the requirements of the Code of Civil Proced...

Excerpt: ...Complaint As To Defendant Amir Taaki Pursuant To Cal. Civ. Proc. Code 583.210, 583.250, 583.410 & 583.420 And Cal. Rules Of Court Rules 3.110(B) And 3.110(H) Defendants Patrick and Jamie Strateman's motion to dismiss the complaint as to Amir Taaki on mandatory and discretionary grounds pursuant to Code of Civ. Proc. sections 583.210, 583.420(a)(1) and Cal. R. Ct. 3.110 is denied. Taaki's default was entered on July 20, 2018, and this court has al...

Excerpt: ...ional subpoenas issued by the Medical Board of California, represented here by petitioner Kimberly Kirchmeyer, Director of the Department of Consumer Affairs. Respondent did not file a timely opposition to that petition by August 19, as required by the court's order to show cause. Rather, in its late‐filed opposition, respondent generally asserts its patients' right to privacy in their medical records, but represents that it will comply with a ...

Excerpt: ...dication is denied as to issue 1 (defendant's negligence). The court exercises its discretion per Code of Civil Procedure section 437c(e) and denies the motion because Kamireddy's assertion that he revoked Kativarapu's permission to use the vehicle is a material fact to which he is the sole witness since Kativarapu is in India and unavailable. (See Weixel Dec., Ex. A [Kamireddy Depo., 58:1‐60:3].) In addition, there exists a triable issue of ma...

Excerpt: ...ars the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law" and the "burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact." (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) Defendants fail to meet their burden. First, Defendants fail to show that there is no duty. "It also is . . . established that, as a ...

Excerpt: ...against defendants. Defendants represented plaintiff in the 2018 Callis vs. Campos action and the parties do not dispute the existence of an attorney‐client relationship during that time. (Compl. par. 12.) Plaintiff alleges that during the representation in the personal‐injury matter, defendants failed to file a cross‐complaint against the other driver on behalf of plaintiff, and failed to advise plaintiff that certain claims he had against...

Excerpt: ... demurrer to plaintiff's Amended Complaint is sustained and overruled as follows: The demurrers to causes of action 1 ‐ 4 are overruled. "[T]he plaintiff must set forth the essential facts of his or her case 'with reasonable precision and with particularity sufficient to acquaint [the] defendant with the nature, source and extent' of plaintiff's claim." (Annocki v. Peterson Enterprises LLC (2014) 232 Cal.App.4th 32, 36.) Here, par. 14 of the Am...

Excerpt: ...ws' demurrer to plaintiffs' Amended Complaint as follows: The court rejects defendants' argument that plaintiffs' claims are time‐barred as a matter of law. "[W]hen the relevant facts are not clear such that the cause of action might be, but is not necessarily, time‐barred, the demurrer will be overruled." (Austin v. Medicis (2018) 21 Cal.App.5th 577, 585.) The court grants defendants' request for judicial notice. The substitution of counsel ...

Excerpt: ...d Matthews' demurrer to plaintiff's Amended Complaint as follows: The demurrers to causes of action 1 ‐ 4 are overruled. "[T]he plaintiff must set forth the essential facts of his or her case 'with reasonable precision and with particularity sufficient to acquaint [the] defendant with the nature, source and extent' of plaintiff's claim." (Annocki v. Peterson Enterprises LLC (2014) 232 Cal.App.4th 32, 36.) Here, par. 14 of the Amended Complaint ...

Excerpt: ...court understands that plaintiff has already included the proposed additional claims in the third amended complaint, which she filed without leave of court, and defendants have filed a demurrer and motion to strike in response to that pleading, which are set for hearing on October 6, 2020. If, as defendants contend, the new claims fail to state facts sufficient to constitute a cause of action, the court will decide those issues in connection with...

Excerpt: ...on to reconsider that ruling. (See CCP 916(a); Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4th 180, 190 ["an appeal from the denial of a motion to compel arbitration automatically stays all further trial court proceedings on the merits."].) In any event, the court notes there is a substantial body of authority holding that delivery workers who transport packages through to the conclusion of their journeys in interstate and foreign comme...

Excerpt: ...Sodexo to operate a restaurant on CAS' premises. (UMFs 5, 7, 16, 18; Armanini Dec., Ex. C.) Plaintiff was injured when she stepped in a drain hole while working for Sodexo. (UMF 4.) This factual scenario implicates Privette v. Superior Court (1993) 5 Cal.4th 689 and its progeny. Under that line of authority, a "hirer of an independent contractor [such as CAS] can be liable for a workplace injury of the contractor's employee if the hirer retained ...

Excerpt: ...and is not improper. Operating a motor vehicle while intoxicated may be the basis for an award of punitive damages, particularly when combined with other conduct (such as running a red light) that may evince a conscious disregard of safety and the probable injury of others. (Taylor v. Superior Court (1979) 24 Cal.3d 890, 897 ["One who willfully consumes alcoholic beverages to the point of intoxication, knowing that he thereafter must operate a mo...

Excerpt: ...tion For Summary Judgment, Or In The Alternative, Summary Adjudication Defendant Getaround, Inc.'s motion for summary judgment/adjudication is denied. Defendant fails to show that there is no triable issue of material fact on the question of whether plaintiff Gagan Pelrecha resigned or was terminated for cause. (Zaid Dec. 12; Duckworth Dec. Exs. E & G; Kosmicki Dep. 150‐51; Zaid Dep. 179‐80; Palrecha Dec. 17, Ex. H (objections overruled).) De...

Excerpt: ...y, September 11, 2020, Line 5, PLAINTIFF TAMMIE MOSLEY's Motion For Leave To Amend First Amended Complaint To Add Claim For Punitive Damages; Declaration Of Peter Berman, M.D., Facs; Declaration Of Jordan Haber, M.D., Dacr, Facr; Declaration Of David Mayer, M.D., F.I.C.S.; Declaration Of Wykeisha L. Orr, Esq.; [Proposed] Second Amended Complaint Plaintiff Tammie Mosely's motion under CCP 425.13 "for leave to amend first amended complaint to add c...

Excerpt: ...eeding before a court, the court in which the action or proceeding is pending "shall, upon motion of a party to such action or proceeding, stay the action or proceeding until an arbitration is had . . . ." (Code Civ. Proc. 1281.4.) Even where no order or application for an order compelling arbitration has been made (here, because the parties voluntarily submitted to contractual arbitration), "it is within the implicit power of the court to stay t...

Excerpt: ... 2020, Plaintiffs filed a memorandum of costs after judgment in the total amount of $2,195, and served it by mail on Defendant's then counsel of record, Glen Broemer. Defendant's motion to tax costs was required to be filed and served within 10 days after service of that cost memorandum, or by March 12, 2020. (Code Civ. Proc. 685.070(c).) On March 9, 2020, Defendant executed a substitution of counsel in which she agreed to represent herself, whic...

Excerpt: ...xtension." However, it went on to provide that plaintiff was free to resign, "at any time with or without cause for any reason or no reason. Similarly, the Company is free to conclude its 'at will' employment relationship with you at any time, with or without cause for any reason or no reason." Labor Code section 2922 establishes a statutory presumption of at‐will employment. However, an employer and an employee are free to depart from the stat...

Excerpt: ...on And Motion To Seal Plaintiffs Complaint, Plaintiffs First Amended Complaint And Papers Which Are Part Of Defendants Demurrer, And Defendants Motion To Strike And Seal Papers [Cal. R. Ct. 2.550 2. Defendant Whitney Crawford's motion to seal is denied without prejudice to Defendant filing a renewed motion seeking substantially narrower relief. Defendant seeks to seal in its entirety the complaint (which was publicly filed without redaction on Ma...

Excerpt: ...d serve the motion at least 16 court days before the hearing date, as required by Code of Civil Procedure section 1005(b). In any event, Defendant does not show that Plaintiff is a vexatious litigant within the meaning of Code of Civil Procedure section 391.7 such that a prefiling order would be warranted or appropriate. =(302/EPS) Case Number:CGC19581651Case Title:RAYMOND VINCENT DIGIACOMO VS. RECOLOGY, INC. ET ALCourt Date:SEP-09-2020 09:30 AMC...

Excerpt: ...Mausoleum and the interment of Decedent Edward Litke's remains therein. Such a petition may be filed "in the superior court in the county in which the decedent resided at the time of his or her death, or in which the remains are located . . . ." (Health & Safety Code sec. 7105(c).) Here, decedent was a resident of San Francisco at the time of his death. (Pet. par. 1.) Thus, venue in this Court is proper. (Code Civ. Proc. sec. 395(a) [general rule...

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: ... cross‐defendants' argument that the court should dismiss the entire TACC as a sham pleading. The original cross‐complaint alleges that cross‐complainant ("Garcia") can recover under the 2001 Partnership Agreement. The TACC now alleges that the 2001 Partnership Agreement is unenforceable and alternatively, if it is enforceable, that she can still recover. The pleadings are not totally inconsistent and the sham pleading doctrine does not app...

Excerpt: ..., LLC' Motion To Quash Service Of Plaintiff' Summons And Complaint For Lack Of Personal Jurisdiction. Specially appearing defendant All Inclusive Collection ("AIC")'s motion to quash is granted. "When a nonresident defendant challenges personal jurisdiction, the plaintiff must prove, by a preponderance of the evidence, the factual basis justifying the exercise of jurisdiction . . . The plaintiff must do more than merely allege jurisdictional fact...

Excerpt: ...g, 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 will decide the motion with the same a...

Excerpt: ...y To Defend. Fitness International LLC's motion for summary adjudication is denied as a matter of law. This case presents a pure legal issue regarding the interpretation of the parties' Purchase Agreement as there are no disputed facts and no parol evidence to aid in the interpretation of the agreement. (See Wolf v. Superior Court (2004) 114 Cal.App.4th 1343, 1351 ["The trial court's resolution of an ambiguity is also a question of law if no paro...

Excerpt: ...ine of equitable tolling to avoid the statute of limitations. The statute of limitations for plaintiff's claim against defendant began to run on December 2, 2013, when National Union denied coverage. (See Hydro-Mill Co. v. Hayward, Tilton & Rolapp Ins. Assocs., Inc. (2004) 115 Cal.App.4th 1145, 1164; FAC, pars. 17 - 18.) Plaintiff sued National Union for underinsured motorist coverage on April 16, 2014 (Deutsch Dec., par. 4; FAC par. 20) and furt...

Excerpt: ...that pleading." (Ion Equip. Corp. v. Nelson (1980) 110 Cal.App.3d 868, 881.) It is not apparent from the face of the complaint or any matters that are judicially noticeable that Plaintiff did not "opt out" of the Beltran class, "object to the settlement, or seek to intervene in the suit." (See Villacres v. ABM Industries Inc. (2010) 189 Cal.App.4th 562, 574.) Thus, Defendant's argument that the Beltran settlement bars Plaintiff from pursuing this...

Excerpt: ...ntirety. KEF's status as a holder in due course under California's UCC section 9403(b) is a question of fact that cannot be decided on demurrer. KEF argues that the cross‐complaint is silent as to any fraud or wrongdoing committed by either KEF or its assignor, Oracle Credit. However, the court finds the cross‐complaint sufficiently alleges Oracle and Oracle Credit were acting as agents. (See cross‐ compl. Paras. 4, 18; see also Garton v. T...

Excerpt: ... 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 given by email. If not all parties to the motion sign the stipulation,...

Excerpt: ... and for entry of judgment" is denied. "The one final judgment rule applies to judgments confirming arbitration awards." (Kaiser Foundation Health Plan, Inc. v. Sup. Ct. (2017) 13 Cal.App.5th 1125, 1139 (construing CCP 1283.4).) Even were that not so, I would exercise inherent powers to order business before the court to reach the same result. "[J]umping back and forth between the arbitration forum and the courthouse" to confirm "partial final" a...

Excerpt: ...a Seguras Compliance With Court Order And For Award Of Monetary, Evidentiary And Or Issue Sanctions Pro Tem Judge Jason Yurasek, 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...

Excerpt: ..., 2019. The Government Claims Act must be satisfied before suing the City, and compliance is treated as "an element of a valid cause of action." (Gov. Code 905, 945.4; Gong v. City of Rosemead (2014) 226 Cal.App.4th 363, 374.) Plaintiff's lawyer, Thomas Tagliarini, filed a claim against the City on September 6, 2019. However, Tagliarini left blank the claim form's key section, which calls for "the facts and circumstances of the incident" and "why...