Excerpt: ...his eponymous law firm from representing the University of San Francisco in this case. USF appealed that order; thus everyone seems to agree the order is automatically stayed. (CRS Corp. v. AtkinsonAVa1sh Joint Venture (2017) 15 872, 886-87.) USF views the disqualification as collateral and wants to continue the case with new counsel to avoid delay. CI, on the other hand: seeks a discretionary stay of the entire action until USF's appeal is decid...

Excerpt: ...lood And Imposing Monetary Sanction. Pro Tem Judge John-Paul Deol, a member of the California State aar 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 bef...

Excerpt: ...f's motion for sanctions pursuant to CCP 128.7 is denied. A CCP 128.7 motion involves a two-step process. The moving party first serves the sanctions motion on the offending party without filing it. The opposing party then has 21 days to withdraw the improper pleading and avoid sanctions ("safe harbor" waiting period). At the end of the waiting period, if the pleading is not withdrawn, the moving party may then file the motion. (CCP 128.7(c)(1); ...

Excerpt: ... of action: "Violation of Proposition 65." The motion pleads one issue: statute of limitations - Karman says it is one year, plaintiff four. Both sides' briefs vex. Karman's memorandum repeatedly miscites its key case Shamsian v. Atlantic Richfield Co. (2CG) 107 Cal.App.4th 957 as being at 132 Cal.App.4th. (Memo. 4:28, 5:15.) Plaintiffs opposition lacks page numbers and key pin cites and is garbled (see, e.g., id. at 3:18). Shamsian arrived at a ...

Excerpt: ...ort And Recommended Order No. 9. "Plaintiffs motion for clarification and/or reconsideration of the February 10, 2023 court order adopting the discovery referee's report and recommended order no. 9" is denied. A reconsideration motion must be "based upon new or different facts, circumstances, or law" and a valid reason for not presenting them earlier. (CCP Gilberd v. AC Transit (1995) 32 Cal.App.4th 1494, 15CL) The moving party shall state by aff...

Excerpt: ...dant. The Court considered Exhibits A and B to the Hopwood Declaration submitted in support of the motion. The Court also considered Exhibits B, C, and D to the Rose Declaration submitted in opposition to the motion. (See C.C.P. section 437c(c).) Defendant fails to sustain its initial burden of showing that Plaintiffs do not possess, and cannot reasonably obtain, needed evidence that Decedent was exposed to asbestos-containing products attributab...

Excerpt: ...accommodations." Brown v. Smith (1997) 55 Cal.App.4th 757, 786-787; see also Civil Code sæ. 51 et seq. Defendants argue that plaintiff does not plead sufficient facts showing that he was discriminated against because of his race. See e.g., Reply at 2 (plaintiff fails to allege conduct was "substantially motivated by his race"). But as noted below, the amended complaint at Para. 30 alleges exactly that. In any event, the court must liberally cons...

Excerpt: ... of action for "intentional tort" fail under CCP 430.10(e) and are barred because Illing failed to seek administrative remedies in California. Mat. 3:7-15. Illing argues that HSS "is not actually a functioning independent legal entity" and that the employees conduct which created an alleged hostile work environment "must be imputed to the Harvey Defendants." Opp„ 3:8-26. [The Harvey defendants were dismissed on jurisdictional grounds (Reply, 2:...

Excerpt: ...Defendants Requests For Production, Set One; And For Sanctions. Pro Tem Judge Peter Catalanotti, 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...

Excerpt: ... a legal doctrine that imposes liability on persons who, although not actually commi
«ng a tort themselves, share with the immediate tor
žeasors a common design or plan in its perpetra
Ÿon." (Applied Equipment Corp. v. Li
©on Saudi Arabia Ltd. (1994) 7 Cal.4th 503, 510-11.) The SAC pleads a common design and plan by "All Defendants" to "commit fraud, conversion and civil the
L." (Id. at 20:11-19.) Being among "All Defendants" (SAC 2:1-12), Ms...

Excerpt: ...: which was ordered March 9 2020: until the court in a separate proceeding pending in the Orange County Superior Court adjudicates Davis's claims that Defendant Yungi Qian and others fraudulently induced Davis to stipulate to the JAMS arbitration and Defendant Qian (and others) breached the arbitration contract. Davis asserts that if she prevails in the Orange County action: she will be vested with authority to void the arbitration stipulation. D...

Excerpt: ...OBERT F. HINKS THIRD AMENDED COMPLAINT Defendant's demurrer to the third amended complaint's (TAC) second, third and fourth causes of action is sustained in part and overruled in part; plaintiff is given leave to amend. The TAC adequately pleads a FEHA harassment claim. (ld. at 12:8-12, 10:24-11:11, 13:20-14:18.) Harassment can be based on offensive oral communications in the workplace. (Roby v. McKesson Corp. (2009) 47 Cal.4th 686, 706.) The TAC...

Excerpt: ...e the default (entered on 3/3/21) and default judgment (entered on 10/14/21) is granted. "Compliance with the statutory procedures for service of process is essential to establish personal jurisdiction. Thus, a default judgment entered against a defendant who was not served with a summons in the manner prescribed by statute is void." (Am. Express Centurion Bank v. Zara (2011) 199 Cal.App.4th 383, 387.) A court may vacate a void default/default ju...

Excerpt: ... is granted. The proceedings are ordered stayed pending the outcome of arbitration. The parties agree that the arbitration provision is governed by the Federal Arbitration Act. (Def.'s at 5; Pl.'s opp. at 6:16.) under the FAA, agreements to arbitrate are "valid, irrevocable and enforceable save upon such grounds as exist at law or equity for the revocation of any contract." (9 U.S.C. sec. 2.) Plaintiff Daniela L. Rivera Velasco (Velasco) argues t...

Excerpt: ...rms of service agreement (Coombs Decl., 5:7-8), and in addition, she was also bound by a later January 18, 2021 terms of service agreement (See MPA, fn. 2)-with both governing her use of the Lyft application, website, and technology platform. (ld. at Ex. 2.) Plaintiff states that she did not use the Lyft to ordera ride on August 18, 2019, when the yftdriver ran over her foot. (See Mancillas Decl„ 1:22.) Defendant's reply does not refute Plainti...

Excerpt: ...y 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 via fax or consen...

Excerpt: ...n to strike is granted without leave to amend. Plaintiffs complaint describes at most, careless conduct in the collecting of trash. Such allegations are insufficient to impose punitive damages. (See Pacific Gas and Electric Company v. Superior Court (2018) 24 Cal.App.5th 1150, 1170 (Butte Fire Cases) ["Punitive damages are appropriate if the defendant's acts are reprehensible, fraudulent or in blatant violation of law or policy. The mere careless...

Excerpt: ...he defendant has been guilty of oppression: fraud: or malice. " A defendant does not need to act intentionally for punitive damages to be found; a showing of malice is sufficient to support a claim for punitive damages Pfeiferv_ John Crane: Inc. (2013) 220 CalApp_4th 1270: 1299. "Malice" is "conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carned on by the defendant with a willful and cons...

Excerpt: ...yer, Aung lost on summary judgment. With the lavwerls withdrawal, she is pro per again. In court, Aung has appeared unsophisticated and confused. Government Code 12965(c)(6) gives a court discretion to award attorney fees to a prevailing FEHA defendant. I decline to exercise that discretion here for three reasons. First, Piteau insists he is "entitled" to $48,982.50 in attorney fees from Aung 'based on the friwlous nature" of her claims. (Memo. 5...

Excerpt: ...) 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 the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will dec...

Excerpt: ... complaint, Code of Civil Procedure section 583.420(a)(1)" is denied. CCP 583.420(a)(1) gives a court discretion to "dismiss an action" if "[s]ervice is not made within two years after the action is commenced against the defendant." Both sides recognize that, for a Doe defendant (as here), the clock starts with the original complaint's filing and that plaintiff may show "excusable delay." Here, the slip-and-fall plaintiff was pro per when she sue...

Excerpt: ...as the Moving Party based on the same grounds in the pending motion." (Notice of Joinder, 1:24-25.) Defendant Wright is entitled to compel arbitration even though he is a nonsignatory to the terms of service. The amended complaint alleges that Wright was the employee/agent of Lyft, a party to the arbitration agreement. (Amended Complaint, pg. 4.) As an agent/employee, Wright is entitled to seek arbitration. (See Jenks v. DLA Piper Rudnick Gray Ca...

Excerpt: .... I' (UMF 19.) "The papers are to be construed strictly against the moving party and liberally in favor ofthe opposing party; any doubts regarding the propriety of summary judgment are to be resolved in fawr of the opposing party." (Kulesa v. Castleberry (1995) 47 Cal.App.4th 103, 112.) "[T]he separate statement effectively concedes the materiality of whatever facts are included." (Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 252 (e...

Excerpt: ...2 Cal. App. 2d 527, 530 (1959). Weil & Brown, et al., California Practice Guide: Civil Procedure Before Trial 6:617, 5:653 (Rutter: 2022). The classic rule focuses on prejudice: "denying a request to amend a complaint may be appropriate when an unreasonable delay in seeking amendment prejudices the defendant." Payton, 27 Cal.App.5th at 849 (emphasis supplied). Defendant's claim of prejudice is conclusory and vague. Oppo. at 5:8-13. The essence of...

Excerpt: ... Laabs v. City of Victorville (2008) 153 Cal.App.4th 1242, 1253 ["The pleadings delimit the issues to be considered on a motion for summary judgment."l.) Plaintiff failed to maintain his burden of production. (See CCP 437c(p)(1).) An order granting summary judgment terminates the action between the parties and results in an immediate, appealable judgment. (See CCP 437c(m)(1).) Plaintiff alleges causes of action for "preliminary injunction," "writ...