Excerpt: ...#39;s injuries. (See Code Civ. Proc. § 379(c) ["Where the plaintiff is in doubt as to the person from whom he or she is entitled to redress, he or she may join two or more defendants, with the intent that the question as to which, if any, of the defendants is liable, and to what extent, may be determined between the parties."].) The first amended complaint pleads with sufficient particularity the injury, the negligence by successive tort...

Excerpt: ...o amend. Cross‐complainant has leave to add Michael Callahan, Greener Future, LLC, NAPA PAL, and ST5 Holdings, LLC as indispensable parties and to plead derivative claims on behalf of those entities. "Where the plaintiff seeks some type of affirmative relief which, if granted, would injure or affect the interest of a third party not joined, that party is in indispensable party." (Sierra Club, Inc. v. California Coastal Comm'n (1979)...

Excerpt: ...entry of tentative ruling only). (Continued from Part 1 of 2) "It is settled that this ['arising out of'] language does not import any particular standard of causation or theory of liability into an insurance policy. Rather, it broadly links a factual situation with the event creating liability, and connotes only a minimal causal connection or incidental relationship." (Acceptance Ins. Co. v. Syufy Enterprises (1999) 69 Cal.App.4t...

Excerpt: ...il Procedure section 1048, the Court has broad discretion to consolidate actions with common questions of law or fact. (National Elec. Supply Co. v. Mt. Diablo Unified School Dist. (1960) 187 Cal.App.2d 418, 421.) Although Defendant JLIS Inc.'s connection to the bad faith case (No. CGC‐19‐ 572725) is tenuous given the conclusory conspiracy allegations, the legal issue of whether the policy issued by defendants Liberty Mutual Insurance Com...

Excerpt: ... summary judgment is denied. ZNE fails to maintain its burden of production. ZNE largely relies on the Gu and Sheng declarations to assert that there is no unity of interest between ZNE and Talesun Solar USA Ltd. Their deposition testimonies show that they lack a foundation to testify regarding those issues however, and the court sustains plaintiff's objections to those declarations. Sheng declared that Talesun and ZNE have different ownershi...

Excerpt: ...ecome due" to defendant/debtor Meca Builders Inc. is denied. Plaintiff broadly seeks assignment of "the interest, if any of" Meca "in its rights to payment of money due or to become due, whether styled accounts receivable, general intangibles, payment intangibles, accounts, deposit accounts, royalties, fees, commissions, and other rights to money, from its activities as a building contractor." Notwithstanding CCP Sec. 708.510&...

Excerpt: ...on Of Documents. (part 1 of 2) 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 t...

Excerpt: ...d complaint after defendants filed these motions. The court would normally take these motions off calendar as moot because the motions attack a superseded pleading. (See State Compensation Insurance Fund v. Superior Court (2010) 184 CalApp.4th 1124, 1131.) Under the particular circumstances of this case, however, the court will address the merits of these motions because defendants renewed their motions after the amended complaint was filed and p...

Excerpt: ...tive Ruling Only.) (Continued from Part 1 of 2) Defendant does not present a satisfactory excuse for not defending this action. Defendant incorrectly believed that he did not need to file a response because he is a British citizen with no connections to California. (Taaki Dec., Para. 3.) In Stiles v. Wallis (1983) <004c004800470003004800 000300550048004f004c[ef in similar circumstances. There, the court held that an Australian citizen who was ign...

Excerpt: ... is that non‐parties to an arbitration agreement may not be compelled to arbitrate disputes under the agreement. (See Suh v. Superior Court (2010) 181 Cal.App.4th 1504, 1512 ["Even the strong public policy in favor of arbitration does not extend to those who are not parties to an arbitration agreement or who have not authorized anyone to act for them in executing such an agreement."].) While there are a number of theories that serve as ...

Excerpt: ...is 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 consent to sign given by email. If not all ...

Excerpt: ...s Systems & Solutions, Inc. Scaffold Inspection and Testing Co. USA Scaffold's ("SITCO") motion for determination of good faith settlement per Code of Civil Procedure Sec. 877.6 is granted. SITCO has submitted evidence that it did not complete its scope of work to design and install a window washing system on the 6 Mint Building as a result of the general contractor's failure to pay; that it would have cost an estimated $25,000 fo...

Excerpt: ...plaintiff alleges sufficient facts to impose successor liability on movant. Plaintiff alleges facts showing that movant was a mere continuation of the prior entity. (First Amended Complaint, Paras. 31‐34; McClellan v. Northridge Park Townhome Owners Ass'n, Inc. (2001) 89 Cal.App.4th 746, 753 [successor corporation can be liable where "the transaction amounts to a consolidation or merger of the two corporations" or "the purchasin...

Excerpt: ... Of Tentative Ruling Only). (Continued from Part 1 of 2) There was no evident miscalculation in the award. "The miscalculation, to be evident, must appear on the face of the award [citation] or be so readily apparent from the documentation in the case that explanation by proofs is not necessary." (Svertson v. Williams Construction Co. (1985) 173 Cal.App.3d 86, 94; see also Lopes v. Millsap <0049005100110003001a00 004400550045004c0057[rato...

Excerpt: ...to amend as to the third cause of action. The court rejects Costco's res judicata argument. Plaintiff has filed two prior lawsuits in the small claims division of this Court arising out of the same incident. Although such conduct is not to be encouraged, the court follows the more recent authority holding that small claims judgments do not have a preclusive effect on subsequent actions as a matter of law, although it recognizes there is a spl...

Excerpt: ...ses its discretion and will hear the motion even though it was filed late. The court denies Lian Tong's request to strike the claims for $400,000, $61,600, and $20,500. The claimed damages relate to the misrepresentation claims and a factual issue remains regarding what can be recovered. (See Civ. Code Sec. 3333 ["For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided b...

Excerpt: ...reliminary approval of class settlement is denied without prejudice to a further evidentiary showing, as follows: 1. Plaintiffs shall provide evidence regarding the experience of KCC Class Action Services sufficient for the Court to conclude that it is qualified to serve as settlement administrator. 2. Plaintiffs shall provide additional information to support the proposed service awards to the Plaintiff class representatives ($15,000 to Plaintif...

Excerpt: ...ed. The User Agreement between the parties provides, "The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees." Although plaintiff Darrell Archer's claims included a claim for breach of contract, he did not allege that Coinbase breached the User Agreement, but instead alleged that a contract was established when he opened his account with Coinbase "based on the ...

Excerpt: ...e sufficient notice in accordance with Code of Civ. Proc., Sec. 1005. This demurer was originally filed in December 2018 and was fully briefed before the court took it off calendar in May 2019. Since all of the parties have already addressed the merits of the demurrer, there is no point in taking it off calendar again. (See Carlton v. Quint (2000) 77 Cal.App.4th 690, 697 ["It is well settled that the appearance of a party at the hearing of a ...

Excerpt: ..., AND WT HOLDINGS, INC.'S Motion For Reconsideration Of This Courts May 16, 2019 Order. Movants' motion for reconsideration of the Court's May 16, 2019 order is denied. Movants have not shown any "new or different facts, circumstances, or law" warranting reconsideration of the Court's order. (Code Civ. Proc. Sec. 1008(a).) Nor is the Court inclined to grant reconsideration of the order on its own motion. (See Le Francois v...

Excerpt: ...s 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 consent to sign given by email. If not all p...

Excerpt: ... California and Community Venture Partners, Inc.'s petition for writ of mandate and complaint for injunctive and declaratory relief is sustained without leave to amend. Government Code section 54953 requires that teleconferenced meetings such as the one at issue in this case have all votes taken by roll call, but Petitioners admit that the Amended CASA Motion challenged in their Petition was adopted by a valid, roll-call vote on January 18, 2...

Excerpt: ...laintiff must obtain a court order before seeking that relief from defendant. Code of Civ. Proc., Sec. 425.14 provides that a plaintiff must obtain a court order before seeking punitive damages against a "religious corporation." The court takes judicial notice of defendant's Articles of Incorporation and Bylaws. Those documents, which plaintiff agrees the court can take judicial notice of, indisputably show that defendant is a religio...

Excerpt: ...rg, and Sasha Plotitsa's motion to strike the fourth amended complaint, joined by defendant Jeffrey Linden, is denied. Although Plaintiff's fourth amended complaint technically was late-filed, the Court's April 23, 2019 order did not specify a deadline for plaintiff to file a further amended complaint, and defendants have not shown they were prejudiced by the 15-day delay. Here, as in Harlan v. Department of Transportation (2005) 132 ...

Excerpt: ...e Default and Default Judgment Against Defendant Associated Insulation of California is denied. U.S. Fire lacks standing to bring this motion or appear in the action at this time. (W. Heritage Ins. Co. v. Superior Court (2011) 199 Cal. App. 4th 1196, 1205 n. 12 ["Pursuant to Code of Civil Procedure section 387, the trial court has discretion to permit a nonparty to intervene where?the nonparty has a direct and immediate interest in the action...

Excerpt: ...s‐complainants David McMahon and Law Offices of David J. McMahon's motion to consolidate for trial only cases Nos. CGC‐18‐569759, CGC‐18‐571704, and CGC‐19‐575298 is granted. The three actions involve common questions of law and fact: most of the legal claims stated by the three plaintiffs in their respective complaints are identical, and arise out of defendants' alleged oral promises to plaintiffs and defendants' allege...

Excerpt: ...mary judgment and supports his motion with expert declarations that his conduct fell within the community standard of care, he is entitled to summary judgment unless the plaintiff comes forward with conflicting expert evidence.'" (Munro v. Regents of University of California (1989) 215 Cal.App.3d 977, 985.) In this case, the declaration of Dr. McGuire shows that The Regents' doctors were acting in a consultative fashion and complied w...

Excerpt: ..., age, and sex discrimination and the sixth cause of action for breach of the implied covenant of good faith and fair dealing are sustained without leave to amend. To plead a prima facie case of discrimination, the plaintiff must allege that "(1) he was a member of a protected class, (2) he was qualified for the position he sought or was performing competently in the position he held, (3) he suffered an adverse employment action, such as term...

Excerpt: ...Set Two. Pro Tem Judge Roger Mead, 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: ...akes into account a rough approximation of plaintiff's total recovery and defendant's proportionate liability, the amount paid in settlement, and recognizes that a settlor should pay less in settlement than if he were found liable after trial. The court also considers the financial condition of the settlor, the existence of insurance, and any evidence of collusion. (See Tech-Bilt, Inc. v. Woodward-Clyde & Assoc. (1985) 38 Cal.3d 488, 499....

Excerpt: ...s granted. The motion must be granted if two conditions are satisfied: (1) the case is incorrectly classified and (b) the moving party shows good cause for not seeking reclassification earlier. (Code Civ. Proc., § 403.040, subd. (b).) Plaintiff meets both conditions. The trial court is required to determine whether, based on the record before the court, a judgment in excess of $25,000 is obtainable. (Ytuarte v. Superior Court (2005) 129 Cal.App....

Excerpt: ...Bancorp Bank's motion to reconsider the order granting cross‐complainant Stan Schuldiner's motion to tax costs is granted. The ITC parties are awarded costs of $6,590.17. The ITC parties have shown that the court should exercise its discretion under both CCP 1008 and the court's inherent authority to reconsider the prior order and, upon such reconsideration, the evidence on this motion shows that the ITC parties are entitled to an a...

Excerpt: ...er. Because negligent entrustment is a negligence claim, there can be no finding of "malice" to support punitive damages without allegations showing intent to perform an act known to have a high probability of harm. (See Flores v. Enterprise Rent-A-Car Co. (2010) 188 Cal.App.4th 1055, 1063 [reversing denial of summary adjudication of negligent entrustment claim and punitive damages request where there was no evidence the defendant was imp...

Excerpt: ...urt's June 12, 2019 Judgment contained a typographical error that referred to the filing date of the City's memorandum of costs as May 4, 2018 rather than May 6, 2019. Pursuant to the Court's inherent power to correct clerical errors in a judgment at any time, the judgment is amended to reflect the correct filing date. Plaintiff's motion is otherwise denied. Although the Court denied the City's motion for an award of attorneys...

Excerpt: ...ment is sustained without leave to amend. The economic loss rule bars the claim. Plaintiffs allege that Defendants concealed certain defects in the electrical architecture of their vehicles, but does not allege that their vehicle was affected by any of the problems allegedly caused by those electrical defects, nor do they plead that they suffered any damages other than the alleged economic damage related to the purchase of the vehicle itself. The...

Excerpt: ...signed 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 consent to sign given by e...

Excerpt: ...s v. Goel (2005) 35 Cal.4th 1094.) Upon further reconsideration, the Court grants Defendant's motion to vacate the default entered on August 21, 2018. Code of Civil Procedure § 425.11(c) provides that "the plaintiff shall serve the statement [of damages] on the defendant before a default may be taken." In this case, plaintiff entered default on August 21, 2018 and filed the statement of damages on April 23, 2019. The statement of dam...

Excerpt: ... 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 stipulation may be s...

Excerpt: ...atory 9: Granted. In answering an interrogatory, defendant has a duty to make a reasonable search for the information if she doesn't know the answer. A reasonable search of FINRA online records would have revealed the answer to this interrogatory. Interrogatory 10: Granted. Defendant did not answer the interrogatory as to whether she was a party to the arbitration. The answer would be, "Yes," "No," or "I don't know....

Excerpt: ...termination is denied, and Defendants' application for a good faith settlement determination is granted. Mr. Perez has agreed to pay $15,000 to Plaintiff Nicholas Renault, the entire amount of his available liability insurance coverage, and his declaration shows that he has exceedingly modest assets and is effectively judgment proof. (Perez Decl. 3‐6; see Dole Food Co., Inc. v. Superior Court (2015) 242 Cal.App.4th 894, 909 [relevant consid...

Excerpt: ...t alleged conduct that is extreme and outrageous as a matter of law. The trial court may determine whether a defendant's conduct may reasonably be regarded as so extreme and outrageous as to permit recovery for IIED. (Plotnik v. Meihaus (2012) 208 Cal.App.4th 1590, 1614.) Without allegations of conduct that goes far beyond the annoyance and inconvenience of deceptive car towing, the FAC does not form the basis for an IIED claim. (See Davidson...

Excerpt: ...TED's Motion For Preliminary Approval Of Class Action Settlement And Conditional Certification Of Class For Settlement Purposes. Plaintiffs' motion for preliminary approval of class action settlement and conditional certification of class for settlement purposes is denied without prejudice to a further evidentiary showing. In addition, a hearing is required to address a number of issues raised by the motion. In order to determine whether ...

Excerpt: ...hip Interest and Partnership Agreement ("MIPA") is denied. Defendants fail to maintain their initial summary judgment burden. Defendants do not show that they breached the MIPA on November 30, 2012 and Plaintiff filed this action in an untimely fashion more than four years later. The parties originally contemplated that the first part of the MIPA would close "on or around" November 30, 2012. The record demonstrates that the partie...

Excerpt: ...aim for waiting time penalties is preempted. Section 301 of the Labor Management Relations Act (LMRA) preempts a state law claim if the claim requires the interpretation of terms in a collective bargaining agreement (CBA). (29 U.S.C. § 185; Melendez v. San Francisco Baseball Associates LLC (2019) 7 Cal.5th 1, 7-8.) Courts use a two-part test to analyze whether a state law claim is preempted, asking (1) whether the claim arises from independent s...

Excerpt: ...harm. Petitioner fails to show that Respondent's refusal to grant discretionary review of the Rasmusson's building permit was an abuse of discretion. Respondent has broad discretion in determining whether to grant discretionary review. (See Guinnane v. San Francisco City Planning Com., (1989) 209 Cal.App.3d 732, 740; Ideal Boat & Camper Storage v. City of Alameda (2012) 208 Cal.App.4th 301, 317.) Respondent's guidelines provide that d...

Excerpt: ...y, Inc. owes an immediate duty to defend Eric Smith's complaint. There is no dispute that the parties entered into the Vendor Master Agreement that incorporated the indemnification covenant. Best Buy's failure to submit a signed copy of the agreement does not show a lack of mutual consent. The Vendor Master Agreement does not include language that it would become operative only when signed by the parties. "The cases are legion to the ...

Excerpt: ... undertaken "in a transaction intended to result or that results in the sale or lease of goods or services to any consumer." (Civ. Code § 1770.) The CLRA defines "[s]ervices" as "work, labor, and services for other than a commercial or business use, including services furnished in connection with the sale or repair of goods." (Id. § 1761(b).) It defines "goods" as "tangible chattels bought or leased for use p...

Excerpt: ...her summary judgment burden. First, claim/issue preclusion does not apply to this case. The probate proceeding did not decide whether decedent was the victim of fraud or elder abuse. (See Estate of Dito (2011) 198 Cal.App.4th 791, 802, 805 [petition asserting claim of financial elder abuse was not barred by res judicata where it raised a different primary right from that considered in the prior probate proceeding].) Further, Defendant does not ad...

Excerpt: ...9;s motion pursuant to Code of Civil Procedure § 473.5 fails because the default was not entered as a result of a lack of "actual notice." The record demonstrates that Defendant was properly served with the summons and complaint on November 29, 2018, and had notice of the action prior to entry of the default. (Locht Decl. 3, 6; Jawandha Decl. 4, 5 & Ex. A.) Further, he was represented by counsel, who was notified that his default would b...

Excerpt: ...ause Defendant misrepresented that Beth Bresnahan (former director of Massachusetts lottery) and Joey Krup (manager of Pantera Fund) were advisors to Defendant. The complaint alleges that the misrepresentations were on defendant's website and its online "White Paper." The complaint even attaches actual copies of the alleged misrepresentations. The Court fails to see what further facts need to be alleged to support the claim. (See West...

Excerpt: ...e 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 vi...

Excerpt: ...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 stipulation may...

Excerpt: ...is granted. The assertion by Plaintiff Allyson McGee that she does not recall reading or signing the Terms and Conditions and the arbitration agreement contained therein is not a basis to avoid enforcing the agreement. (See Cox v. Bonni (2018) 30 Cal.App.5th 287, 301 ["when a person with capacity of reading and understanding an instrument signs it, he may not, in the absence of fraud, imposition or excusable neglect, avoid its terms on the gr...

Excerpt: ...laintiff, are insufficient to state a cognizable claim for punitive damages under the foregoing standard. Further, recovery of punitive damages in a dog-bite case appears to the Court to be inconsistent with California law, which imposes strict liability on an animal owner that causes personal injuries, but only for damages, not for punitive damages. (See Priebe v. Nelson (2006) 39 Cal.4th 1112, 1115-1116 ["A common law strict liability cause...

Excerpt: ...ntiff Qian & Nemecek LLP dissolved on October 15, 2014, but remained in winding up status when it obtained the default judgment. (Nemecek Decl. 6, 7, 15 & Ex. B.) While in dissolution, the partnership could pursue its debt against Defendant, which is a routine and necessary part of winding up the business of a partnership. (California Practice Guide-Pass -Through Entities <0015000b0044000c000f00 000c0003003e00050024[ person winding up a partnersh...

Excerpt: ...lement is denied without prejudice to its renewal upon a proper evidentiary showing. Although Rescue Roofing asserts this is a "no‐liability" case and that "none of Plaintiffs' alleged damages implicate Rescue's narrow scope of work," it has not presented any admissible evidence that would enable the Court to determine "a rough approximation of plaintiffs' total recovery and the settlor's proportionate liabil...

Excerpt: ...his actions created a substantial risk of tremendous harm to others. (See Civ. Code § 3294.) The evidence discloses that: Defendant had been driving for 17 hours prior to the accident (Richholt Decl., 2); Defendant was involved in an accident approximately two hours before hitting Plaintiff because Defendant "[t]ook [his] eyes off the road" while driving on the freeway at a high rate of speed (Kumar Depo., 44:5; Ex. E‐1); after the fir...

Excerpt: ...ot Be Held In Contempt Of The Judgment Entered July 10, 2018 Plaintiffs J. Garcia Carrion, SA (JGC) and CIV USA's motion for an order for Defendants Vincent Friend and Kathleen Friend to show cause why they should not be held in contempt of the judgment entered July 10, 2018 is denied. A determination that a person is guilty of contempt under Code of Civil Procedure sections 1209(a)(5) and 1218 requires a showing "beyond a reasonable doub...

Excerpt: ... 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 consent to sign given by email. If not all parties to...

Excerpt: ...Of Form Interrogatories, First Set Of Requests For Production Of Docs, And First Set Of Special Interrogatories To Pltf And X‐Deft Kevin Dorgan Pro Tem Judge Bruce Highman, 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...

Excerpt: ... Insurance Company (PART 1 OF 2) Defendant Arup North America Ltd.'s ("Arup") motion for summary adjudication on its second cause of action for declaratory relief in its second amended cross-complaint against American Zurich Insurance Company and Zurich American Insurance Company ("Zurich") is granted. Zurich owes a duty to defend Arup in the underlying Millennium Tower property damage cases. Arup purchased general liability i...

Excerpt: ...tion to vacate default and default judgment is denied. First, the motion is untimely. Code of Civil Procedure § 473.5 provides that the motion must be "filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has been entered." In this case, the notice o...

Excerpt: ...s related to the decedent, Myrtis Irving. (See Code Civ. Proc., §§ 2025.450, 2025.480.) According to the motion, Irving served the credit union with the subpoena on August 21, 2018, and the credit union has failed to produce the requested documents. (See Motion, pp. 2:1, 4:12-13.) In support of the motion, James A. McElroy avers the "credit union was properly served (see attached) with [the subpoena]." (Decl. 3:13.) Neither the motion n...

Excerpt: ...efraud, and intentional infliction of emotional distress is denied. Golden Gate Tow has not met its burden under the first prong of the anti-SLAPP analysis. In order for a claim to be subject to the anti-SLAPP statute, the claim must arise from any written or oral statement or writing made in connection with an issue under consideration or review by a judicial body. (Code Civ. Proc. § 425.16(e)(2); Rand Resources, LLC v. City of Carson (2019) 6 ...

Excerpt: ...ed on March 11, 2015, and a default judgment was entered on March 26, 2015. A motion to set aside a default judgment brought under Code of Civil Procedure Section 473(b) must be filed within six months. (Code Civ. Proc. § 473(b).) "The six‐month limit is mandatory; a court has no authority to grant relief under section 473, subdivision (b), unless an application is made within the six‐month period." (Arumbula v. Union Carbide Corp. (...

Excerpt: ...e of action in which Plaintiff is acting as a private attorney general and is seeking solely civil penalties. As such, under controlling law, Plaintiff's PAGA claims are not subject to arbitration or waiver pursuant to a predispute arbitration agreement. (Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 382‐383; Betancourt v. Prudential Overall Supply (2017) 9 Cal.App.5th 439, 445‐446; Esparza v. KS Industries, L.P. ...

Excerpt: ...laint is overruled in its entirety. The breach of oral agreement cause of action alleges sufficient facts and is not uncertain. (See Amended Cross‐Complaint, 8‐11 and 28‐29.) BAGS alleges that CIE provided non‐conforming goods and services and given this stage of the litigation, CIE can reasonably respond to the amended complaint. The fraud/misrepresentation claims are well‐pleaded. BAGS identifies Carlos Amin as the person who made the...

Excerpt: ...re, 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 ...

Excerpt: ...ortions of the records to be sealed; the overriding interest supports sealing those records; a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; the proposed sealing is narrowly tailored; and no less restrictive means exist to achieve the overriding interest. Any party who contests a tentative ruling must send an email to [email protected] with a copy to all other parties by 4pm st...

Excerpt: ...'s motion for an order determining restitution pursuant to Defendant FCA US LLC's § 998 offer is granted in the amount of $28,003.83. Pursuant to Civil Code § 1793.2(d)(2)(C), the mileage offset is to be determined on the basis of "the number of miles traveled by the new motor vehicle prior to the time the buyer first delivered the vehicle to the manufacturer or distributor, or its authorized service and repair facility for correcti...

Excerpt: ...igned 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 consent to sign given by em...

Excerpt: ...tion of the claim asserted in Plaintiff Zainali "Zain" Jaffer's complaint is granted and the action is stayed pending conclusion of the arbitration proceedings. The court exercises its discretion to review evidence submitted with Vungle's reply brief. Plaintiff may respond at the hearing, including with submission of additional evidence. (Espejo v. Southern California Permanente Medical Group (2016) 246 Cal.App.4th 1047, 1056-1059...

Excerpt: ...dge Roger Mead, 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 wi...

Excerpt: ...ed without leave to amend as to Ms. Phukab and overruled as to Prasomsuk LLC and Siam Orchid. On demurrer, the Court accepts as true properly pled allegations of fact in the complaint as well as facts which may be inferred from those expressly alleged. (Mez Industries, Inc. v. Pacific Nat. Ins. Co. (1999) 76 Cal.App.4th 856.) Defendants improperly allege facts that are not found in the FAC and therefore those facts may not be considered. A demurr...

Excerpt: ...ion is granted as to the third cause of action for wrongful death and negligence, and is denied as to the first and second causes of action arising under 42 U.S.C. § 1983 and the Eighth and Fourteenth Amendments. Plaintiff Janet M. Planells has conceded that the City is entitled to summary adjudication of the third cause of action on the grounds of statutory immunity. (Gov. Code §§ 844.6(a)(2), 845.6.) **The Court's full tentative ruling h...

Excerpt: ...425.16 is granted. It is undisputed that the requirements of prong one are met because the challenged single cause of action arises out of defendants' protected activity - the filing of a lawsuit. (See Daniels v. Robbins (2010) 182 Cal.App.4th 204, 214-215 ["The plain language of the anti- SLAPP statute dictates that every claim of malicious prosecution is a cause of action arising from protected activity because every such claim necessar...

Excerpt: ...tential risk of immersing oneself in a dumpster is obvious as a matter of law. (See Christoff v. Union Pacific Railroad Co. (2005) 134 Cal.App.4th 118, 126 [holding that railroad tracks provide a self-evident warning to an adult of ordinary intelligence "that it is not safe to walk upon it, or near enough to it to be struck by a passing train"]; Huffman v. City of Poway <0057004b00480003005200 00560056000300520049[ a condition is not a qu...

Excerpt: .... Plaintiffs and Cross‐Defendants Alice Bottino, as trustee of the Alice Bottino Trust, and Echco Sales Company's motion to specifically enforce the parties' settlement agreement and to turn over funds is granted. The Settlement Agreement and Release provides that the full amount of the funds in the Blocked Account, with interest, shall be released to the Trust if, among other things, Site Closure is not obtained by April 13, 2014, a de...

Excerpt: ...'s complaint is sustained without leave to amend as to the second and fourth causes of action for fraud. "[E]ven though the plaintiff alleges false representations on the part of the physician or fraudulent concealment, our courts have always treated the action as one for malpractice." (Tell v. Taylor (1961) 191 Cal.App.2d 266, 271.) Based on the conduct alleged in the complaint, this claim is more properly stated as one for medical m...

Excerpt: ...s Of Requests For Production. (Part 1 of 2) Pro Tem Judge Bruce Highman, 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 proce...

Excerpt: ...ted, the Second Amended Complaint is ordered stricken, and Plaintiff is ordered to pay Defendants $4,085.43 for the reasonable expenses, including attorney's fees, incurred by Defendants as a result of her conduct. (Code Civ. Proc. §§ 2023.030(d), 2025.450(h).) Plaintiff Kristen Eckert failed to appear at her properly noticed deposition or to serve responses to Defendants' interrogatories. Despite attempts by Defendants' counsel to ...

Excerpt: ... the conservatorship matter (Case No. PCN‐15‐299338). Therefore, the representations Plaintiff Romula Villanueva made that she was not a creditor of the estate in the Petitions for conservatorship filed prior to Decedent's death are consistent with Plaintiff's current position as a creditor. (SUMF Nos. 2‐3.) As such, there is no basis for judicial or collateral estoppel. Moreover, the Probate Code requires a claim to be filed with t...

Excerpt: ...taining products or materials attributable to Defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) For instance, Patricia Glavin's deposition testimony indicates that she identified a photograph of a metal can of Georgia Pacific Joint Compound as the product she saw her father‐in‐law use. (Declaration of Deborah Smith, Ex. G at 76‐77; Errata to Declaration of Jason Rose, Ex. V at Ex. A.) Evidence that UCC was not the on...

Excerpt: ...39;S Fees. Pro Tem Judge Bruce Highman, 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 w...

Excerpt: ...ontacts with California for purposes of its exercising specific jurisdiction over it for Cross- Complainant Bagatelos Glass Systems, Inc.'s claims. ESWindows directed its activities to the forum state by contracting with or at least performing a major part of the contract with Bagatelos. In particular, ESWindows provided the $1,500,938 written quote to Bagatelos "for ESWindows LLC to supply" the window and curtain wall systems (Rodrig...

Excerpt: ...ns and second amended complaint is granted. Service of summons may be quashed if service was improper and the Court therefore lacks jurisdiction of the defendant. (Code Civ. Proc. § 418.10; Fuss v. City of Los Angeles (1958) 162 Cal.App.2d 643, 646‐647.) Although the Proof of Service submitted as Exhibit B to the Declaration of Ryan Whyte shows that the registered process server declares under penalty of perjury that he personally served Mr. D...

Excerpt: ...e Wright, and Tom Bowen's motion to compel arbitration of the claims asserted in plaintiff Milton Boone Birdsell's complaint is granted and the action is stayed pending conclusion of the arbitration proceedings. The court exercises its discretion to review evidence submitted with Defendants' reply brief. Plaintiff may respond at the hearing, including with submission of additional evidence. (Espejo v. Southern California Permanente Me...

Excerpt: ...ord, enumerated by the Register of Actions," be sealed. However, Defendant fails to show that any of the criteria set forth in Rule 2.550(d) of the California Rules of Court are met as to any individual record in the court file, much less the entire file. In particular, she fails even to articulate any overriding privacy or other interest in any record filed in this case that overcomes the right of public access to the Court's records. De...

Excerpt: ...practices in violation of Business and Professions Code section 17200 et seq. fails because Cross-Complainants lack standing to bring such a claim. Standing to bring an Unfair Competition Law claim is limited to "any person who has suffered injury in fact and has lost money or property as a result of a violation of this chapter." (Bus. & Prof. Code § 17204; Kwikset Corp. v. Superior Court (2011) 51 Cal.4th 310, 321.) First, Cross-Complai...

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: ... default is denied. Mandatory relief is not available under the attorney affidavit of fault provision of Code of Civil Procedure Section 473(b) because Defendant has not submitted "an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect." (Code Civ. Proc. § 473(b).) Defendant does not contend that its default was taken as a result of the mistake, inadvertence, surprise, or neglect of counsel,...

Excerpt: ...native forum because Uber is subject to the personal jurisdiction of Washington courts, none of Plaintiffs' claims would be barred by the statute of limitations, and Washington can provide an adequate remedy for Plaintiffs' claims. (Stangvik v. Shiley Inc. (1991) 54 Cal.3d 744, 752; Boaz v. Boyle & Co. (1995) 40 Cal.App.4th 700, 710.) Plaintiff Gorne's jurisdictional ties to California are irrelevant. As a non-California resident, his...

Excerpt: ...rements 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 telep...

Excerpt: ...tions under Code of Civil Procedure sections 128.5 and 128.7 is denied, and the Court declines Mr. Smith's invitation to reconsider the order on its own motion pursuant to Le Francois v. Goel (2005) 35 Cal.4th 1094. None of the purported new evidence Mr. Smith seeks to present affects the basis for the Court's original ruling, i.e., that a self‐represented litigant may not recover an award of attorneys' fees or other expenses as san...

Excerpt: ... GRANTED. The case regards the break-up of a law firm owned by brothers Daniel and Jonathan Bornstein. Six cases regarding several of the same parties and the same core disputes are already pending in Alameda County, where many of the parties and witnesses live. Moreover, the Alameda County court is no doubt well-versed in the facts underlying the case from years of adjudicating the Bornsteins' disputes. Thus, the "convenience of witnesse...

Excerpt: ... Cal.App.3d 703, 710.) But the evidence shows Nemedez is a Nevada resident and that the accident occurred in Reno. (Nemedez Dec. 1‐5.) Plaintiff fails to demonstrate that Nemedez consented to California jurisdiction. Plaintiff's reliance on an Uber form "Software License and Online Services Agreement" fails to show consent in several ways. First, that agreement issued in 2014, there is no evidence Nemedez was subject to it and plain...

Excerpt: ...LLC, Caixa Capital Risc, Magic Stone Alternative Investments, Regent Capital Venture Ltd. and Startcaps Ventures's demurrers to the second amended cross-complaint (SACC) are sustained with leave to amend. Any third amended cross-complaint (TACC) shall: (1) omit irrelevant information; (2) state ultimate facts supporting alleged causes of action in a concise manner; (3) state supporting allegations against each cross-defendant against whom a c...

Excerpt: ...ained without leave to amend only "where it is clear that there is no reasonable possibility that the plaintiffs could establish a community of interest among the potential class members and that individual issues predominate over common questions of law and fact¿Whenever there is a reasonable possibility plaintiffs can plead a prima facie community of interest among class members, the preferred course is to defer decision on the propriety o...

Excerpt: ...5c000300360052>lutions Corp.'s motion to dismiss based on forum non conveniens is GRANTED. A mandatory forum-selection clause "will ordinarily be given effect without any analysis of convenience." (Intershop Communications v. Sup. Ct. (2002) 104 Cal.App.4th 191, 196.) It need not be determined whether the forum-selection clause in the master services agreement (New York) or the statement of work (Washington) applies; both are mandator...

Excerpt: ... fact and law are pending before the court in these cases brought by four Environmental Protection Agency employees. All allege maladies from airborne toxins in their place of work at 75 Hawthorne Plaza related to a large‐scale renovation. Plaintiffs might have moved earlier, but judicial economy will be served and inconsistent adjudications avoided, and consolidation is discretionary. (Todd‐Stenberg v. Dalkon Shield Claimants Trust (1996) 48...