Excerpt: ...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 auth...

Excerpt: ...te service by leaving the copy of the summons and complaint with the front desk clerk at the mailbox center "Postal Chase" in San Francisco on December 17, 2021. (Opp. 17-10:14.) Plaintiff also alleges the process server mailed the summons and complaint to that same address on December 18, 2021. (Id.) Defendant argues that service should be quashed because he was not served in accordance with CCP 415.20(b) because the "Postal Chase" address is no...

Excerpt: ...dants - PAMF and Palo Alto Foundation Medical Group - are "[u]nder its control" and "its affiliates." (Id. at 3:4-6.) Further, the SAC pleads that the three defendants are plaintiff's joint employers, exercising "joint control over" his "wages, hours and working conditions." (Id. at 3:14-17.) Defendants argue that the SAC factually errs because they are "three separate and distinct entities" and not plaintiff's joint employers. (Memo. 5:25, 7:2-3...

Excerpt: ...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 auth...

Excerpt: ...he motion's arguments in its prior orders. Duty. Eric argues that he "owed no duty to plaintiff." (Memo. 7:2.) However, on the Uber defendants' summary judgment motion, the court ruled: "Defendants owed Plaintiff a general duty of care in choosing where and how to offload the passengers." (5/5/22 Order 2:15-16.) Uber driver Eric was the defendant who offloaded the passengers, so this ruling obviously applies to him. Breach. Eric argues that "he d...

Excerpt: ... a notion that it may demur to them. As to the two counts that are asserted against Lyft: The FAC adequately pleads a claim for negligent hiring, supervision and retention. California procedural law applies and it does not require the hyper-specific pleading Lyft advocates. Lyft cites three inapposite California demurrer cases. Aghaji v. Bank of America, N.A. (2016) 247 Cal.App.4th 1110 had 222 plaintiffs and 10 defendants. That is not, as Lyft a...

Excerpt: ...the senior partner, $425 for a more junior lawyer, and $90 for the legal assistant. The hours expended appear reasonable with these exceptions: 2.4 hours to re-do a mistaken complaint to change the date is unreasonable, and I will deduct that time (2.4 x 575). It is unreasonable to charge defendant for time to prepare for and attend an OSC which was caused by plaintiff's delay. For this I deduct 2.8 hours (2.8 x 475). The rates are reasonable for...

Excerpt: ...vely, summary adjudication is denied as moot as to defendant Lobre. Plaintiff dismissed Lobre on 12/13/22. Defendant Har's motion for summary judgment/adjudication is denied. As explained in connection with Allstate's companion motion, there are triable issues of fact whether plaintiff can establish the claim for intentional interference with prospective economic advantage and the claim for punitive damages. (See Levin v. Gulf Ins. Group (1999) 6...

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

Excerpt: ...ant OPERADORA DE HOTELES LORETO, S. DE R.L. DE C.V (Operadora) is not a named party. It has no standing to bring this motion. The peculiarity of the situation is demonstrated by Operadora's argument that it is "not even licensed to do business in California" (Reply at 3:5) whereas the parties actually sued are so licensed. Opposition at 1:8 ff. 2. Even if Operadora were a party, its offer to stipulate to Mexico as a forum and to toll the statute ...

Excerpt: ...ion to compel arbitration is denied. "The party seeking to compel arbitration bears the burden of proving the existence of a valid arbitration agreement." (Cohen v. TNP 2008 Participating Notes Program, LLC (2019) 31 Cal.App.5th 840, 859.) Here, defendant fails to maintain its burden since it fails to establish the existence of the arbitration agreement (including the delegation clause). (See Malone v. Superior Court (2014) 226 Cal.App.4th 1551, ...

Excerpt: ...emurrer. (See CCP 452; Berger v. Varum (2019) 35 Cal.App.5th 1013, 1018 ["We accept as true all well-pleaded allegations in the operative complaint"].) Here, the amended complaint alleges ultimate facts that the period of time to submit a government claim was tolled during the contractual administrative process and the tolling ended on December 7, 2021. (Amended Complaint, pars. 8, 18.) The parties' agreement, which is attached to the amended com...

Excerpt: ...cause Defendant's employee sexually harassed and assaulted Plaintiff in the bathroom at Westfield Centre. The complaint pleads that Defendant's employee opened the bathroom stall door, watched Plaintiff, a dependent adult with physical and mental disabilities, as he was using the toilet, then minutes later "approached Plaintiff from behind, cranked up, and slammed Plaintiff in the back using his mop as a weapon," and thereafter, Defendant release...

Excerpt: ... to be granted lightly. (See 8 Witkin, California Procedure (5th ed. 2008) p. 903; Tahoe Keys Property Owners' Assn. v. State Water Resources Control Bd. (1994) 23 Cal.App.4th 1459, 1471.) In particular, when a preliminary injunction is sought, the case has yet to be adjudicated, for "no trial on the merits" has been held. (Id.; SB Liberty, LLC v. Isla Verde Assn., Inc. (2013) 217 Cal.App.4th 272, 280.) Two "interrelated factors" are weighed "whe...

Excerpt: ... Defendant in support of its motion. Plaintiffs lodged two objections to portions of Exhibit L, Deposition of Charles Ay from Harry Transue v. Asbestos Defendants, on hearsay, lack of foundation, personal knowledge, relevance, and speculation grounds. Plaintiffs' objections are overruled. Defendant fails to sustain its initial burden of showing that Plaintiffs' negligence cause of action has no merit on the ground that the affirmative evidence co...

Excerpt: ...er Defendant's undisputed material fact No. 6 and No. 7 because they constitute argument, and the separate statement should include only material facts. (CRC 3.1350(d)(2).) The Court took judicial notice of Plaintiff's complaint enclosed as Exhibit A in Defendant's Initial Index of Exhibits. The Court considered Exhibits B through F of Defendant's Initial Index of Exhibits. The Court also considered Exhibits A through E of Defendant's Reply Index...

Excerpt: ...on Pending Completion Defendants' motion to compel arbitration and stay is denied. A party seeking to compel arbitration always bears the burden to establish the existence of a written agreement to arbitrate by a preponderance of the evidence. (See Rosenthal v. Great W. Fin. Sec. Corp. (1996) 14 Cal.4th 394, 413.) Here, defendants fail to maintain that burden. The only identified arbitration agreement pertains to an unrelated "construction agreem...

Excerpt: ...uses of action two and three. Doe 2 alleges sufficient facts that SFUSD knew or should have known that defendant Chan was likely to engage in sexual abuse. (See Lopez v. Watchtower Bible & Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566, 591 ["To prevail on his negligent hiring/retention claim, [plaintiff] will be required to prove [defendant] knew or had reason to believe [the perpetrator] was likely to engage in sexual abuse. [citati...

Excerpt: ...econd cause of action is denied. The "complaint for declaratory relief" regards insurance coverage. In its complaint's first cause of action ‐ as to which summary adjudication is not sought ‐ "Allied World seeks a judicial determination that there is no coverage under the Allied World Umbrella Policy." (Id. at 11:18‐20.) In the second cause of action ‐ as to which summary adjudication is sought ‐ "Allied World seeks a judicial determina...

Excerpt: ...sue regarding whether petitioner complied with the grievance timing requirements of the parties' Collective Bargaining Agreement ("CBA"). That procedural issue is a matter for the arbitrator to decide. (See Local Joint Exec. Bd. v. Mirage Casino‐Hotel, Inc., 911 F.3d 588, 596 (9th Cir. 2018) [explaining that "timeliness, waiver, and other 'gateway' procedural matters growing out of the dispute are for [the] arbitrator."]; John Wiley & Sons, Inc...

Excerpt: ...0, 9:4‐11:3.) Defendants argue that who improperly received the information must be pled with specificity (Memo. 3:23‐24), but the opinions they cite do not so hold. Demurrer overruled. 2 (Civil Code 1798.82 violation): The complaint adequately pleads violation of Civil Code 1798.82. (Id. at 11:4‐25.) Defendants argue that when a security‐system breach occurred must be pled, but the complaint does that. (Memo. 5:8‐9; Cmplt. 8:12‐15.) ...

Excerpt: ...Exhibit 5, 17(a).) The court overrules plaintiff's objections to that declaration. Defendant, however, waived the right to arbitrate and waived the delegation clause too. Plaintiff filed this case on November 23, 2021, and defendant answered the complaint on January 28, 2022. The Federal Arbitration Act ("FAA") applies to the parties' agreement and the issue of waiver is a matter of federal law. (See Davis v. Shiekh Shoes, LLC (2022) 84 Cal.App.5...

Excerpt: ...is granted. Plaintiff alleges he was injured by stepping on a vault lid that gave way. At least six parties (including plaintiff) have potential culpability. (Memo. 5:20‐6:2.) One of them, Harrigan Weidenmuller Co., filed an opposition to the good faith motion. Harrigan focuses on its notion that not enough discovery has been done to allow a good faith settlement. (Opp. 2:26‐3:19, 3:28‐4:17, 4:23‐5:4.) However, CCP 877 motions are often g...

Excerpt: ...he representation regarding the number of cups that could be made from the can. At all times, Plaintiff believed and had a reasonable expectation that the labeling on the Class Products was truthful and accurate." (Id. at 15:3‐6.) This suffices to plead reliance under the Unfair Competition Law and the Consumer Legal Remedies Act. In this context, expectation and reliance are synonymous ‐ "a distinction without a difference." (Hale v. Sharp H...

Excerpt: ...C.'s Motion Of Defendants For Leave To Submit Tardy Expert Witness Information. Pro Tem Judge John-Paul Deol, 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 th...