Excerpt: ...ct, and unwanted sexual attention following a 2010 episode of attempted forced sexual contact. Liberally construed - as they must be at the pleading stage - the allegations do not run afoul of the two-year statute of limitations, and they support the element of severe and pervasive unwelcomed conduct of a sexual nature. (SAC 14, 17, 18, 20-23, 26, 34-35; Richards v. CH2M Hill, Inc. (2001) 26 Cal.4th 798, 823; Birschtein v. New United Motor Mfg., ...

Excerpt: ...t Irene Pangilinan. Pro Tem Judge Maxwell Pritt, 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 ...

Excerpt: ...t he was properly served with the summons and complaint, and he admits he received the March 6, 2019 letter from Plaintiff's counsel notifying him that Plaintiff would seek entry of default unless he responded to the complaint. Mr. LeClerc contends that he did not understand that he was required to respond to the complaint because the package also included a notice of an initial case management conference, but he does not explain why he (appa...

Excerpt: ...ry judgment and its alternative motion for summary adjudication of the cross‐complaint is granted as to all causes of action stated by cross‐complainants Fifth Historic Properties, LLC, 418 Jessie Historic Properties, LLC and 418 Jessie Properties, LLC. As to the causes of action stated by the Martin Building Company, the motion is granted as to the causes of action for equitable indemnity, contribution, and negligence and is denied as to the...

Excerpt: ...und, et al.'s motion to transfer and consolidate actions is granted. The claims asserted by Defendant and Cross‐Complainant Arturo Devesa in Devesa v. Stanford University, Santa Clara County Superior Court Case No. 19‐CV‐347760, share numerous common factual and legal issues with those asserted by Mr. Devesa in his second amended cross‐complaint and proposed third amended cross‐ complaint in this action, and involve many of the same...

Excerpt: ...irements 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 tele...

Excerpt: ...fendants Asher Holman and Emmanuel Al-Thani is denied, on several independent grounds. First, the motion for summary adjudication was set for hearing less than 30 days before the date of trial without a prior court order establishing good cause. (Code Civ. Proc. §§ 437c(a)(2),(3); see Robinson v. Woods (2008) 168 Cal.App.4th 1258, 1268 ["Unless and until the trial court found good cause, the notice of the hearing was invalid."].) Second...

Excerpt: ...tiff and Cross‐ Defendant Lian Tong, LLC is denied. The motion is brought under Code of Civil Procedure Section 425.16(c)(1), which provides that if the court finds that a special motion to strike is "frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney's fees to a plaintiff [here, a cross‐complainant] prevailing on the motion, pursuant to Section 128.5." Defendants' m...

Excerpt: ...rivolous appeal to the U.S. Court of Appeals for the Ninth Circuit. (Compl. 18.) He alleges further that Yan fraudulently transferred assets to third parties, including Legal Recovery, LLC, to avoid paying that award. (Id. 21‐23, 26.) The only charging allegations against Mr. Mora in the first amended complaint are that he is the agent for service of process of Legal Recovery, and is not a California resident, and that he has "actively rend...

Excerpt: ...ntered into a partly handwritten Stipulation for Settlement, signed by all parties and counsel, which had been prepared on February 8, 2019 during mediation with a neutral bench officer at ADR Services. The signed Stipulation for Settlement contains a provision whereby the court reserved jursidiction to enforce the terms and conditions of the settlement pursuant to Code of Civil Procedure Section 664.6. The Stipulation for Settlement recited that...

Excerpt: ... verbatim their legal terms or plead their legal effect. (Compl. 18, 25, 32, 75.) (See Miles v. Deutsche Bank National Trust Co. (2015) 236 Cal.App.4th 394, 402 ["a plaintiff may plead the legal effect of the contract rather than its precise language."]; McKell v. Washington Mutual, Inc. (2006) 142 Cal.App.4th 1457, 1489 ["A written contract may be pleaded either by its terms-set out verbatim in the complaint or a copy of the contract...

Excerpt: ...bankruptcy protection although she was aware that Mr. Echtman had transferred his severance pay to his girlfriend for "safekeeping" several months before he retained Ms. Kostopoulos's services. It is also undisputed that Ms. Kostopoulos did not timely communicate to her client, Mr. Echtman, the settlement offer by the Trustee's counsel during the bankruptcy proceedings. (Echtman depo. 113‐114; Lucey Decl. Exh.3; Echtman Decl. Ex...

Excerpt: ...a County Superior Court is denied without prejudice to its renewal. Defendants' motion under Code of Civil Procedure Section 396b(b) for an award of reasonable expenses and attorney's fees incurred in making the motion is denied. Defendants' alternative motion to stay the action pending the final resolution of the action currently in trial in Alameda County Superior Court, Jonathan Bornstein v. Daniel Bornstein, et al., Case No. RG16-...

Excerpt: ...dvertence, surprise, or excusable neglect, and has timely sought relief. (Code Civ. Proc. § 473(b).) Defendant mistakenly argues, relying on Huens v. Tatum (1997) 52 Cal.App.4th 259, that discretionary relief under Section 473 is not available for voluntary dismissals. Huens held only that "the mandatory 'attorney affidavit' provisions of section 473 cannot be used to set aside a voluntary dismissal executed pursuant to a settlement....

Excerpt: ...s bad faith allegations sufficiently support her prayer for relief for emotional distress and punitive damages. (See Jordan <001300190015000f000300 004900030057004b0048[ insurer denies benefits unreasonably (i.e., without any reasonable basis for such denial, it may be exposed to the full array of tort remedies, including possible punitive damages"]; Frazier v. Metropolitan Life Ins. Co. (1985) 169 Cal.App.3d 90, 101, 108 [affirming award of ...

Excerpt: ...uling has been emailed to all counsel on June 18, 2019 ** Any party who contests a tentative ruling must send an email to [email protected] with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. Counsel for the Board is required to prepare a proposed order which repeats verbati...

Excerpt: ...itration award as to Respondent Linda T. Chen is granted. Contractual arbitration awards are subject to judicial review only on narrowly limited grounds. Respondent has not shown that any of the statutory grounds for vacating an arbitration award apply. (Code Civ. Proc. § 1286.2.) The only ground Respondent raises is Code of Civil Procedure section 1286.2(a)(5), which states that the court shall vacate the award if "[t]he rights of the party...

Excerpt: ...ase as limited if there is no reasonable possibility that the court could render a judgment greater than $25,000. (Ytuarte v. Superior Court (2005) 129 Cal.App.4th 266, 276-277; Singer v. Superior Court (1999) 70 Cal.App.4th 1315, 1320; Walker v. Superior Court (1991) 53 Cal.3d 257, 269.) Plaintiff seeks statutory damages of $900 under Civil Code section 2943. The complaint also alleges that as a result of Defendants' refusal to provide a sta...

Excerpt: ...ion Of Documents Set One. 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 Ju...

Excerpt: ...elatedly joined by Defendant Roadhouse Distribution, Inc. f/k/a/ Voss Distribution, Inc., is denied. Defendants have not met their burden to show that "the convenience of witnesses and the ends of justice would be promoted by the change." (Code Civ. Proc. § 397(c).) "A much more extensive factual showing is required for motions based on the 'convenience of witnesses and the ends of justice.'" (California Practice Guide: C...

Excerpt: ...ments 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 telepho...

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: ...n of emotional distress requires "outrageous conduct" on behalf of the defendant. (Davidson v. City of Westminster (1982) 32 Cal.3d 197, 209.) For conduct to be outrageous, it must be "so extreme as to exceed all bounds of that usually tolerated in a civilized community." (Id.) "[I]t is generally held that there can be no recovery for mere profanity, obscenity, or abuse, without circumstances of aggravation, or for insults, in...

Excerpt: ...dividual may be proper at the defendant's "usual mailing address," before an individual may be served by substitute service, the burden is on the plaintiff to show that the summons and complaint "cannot with reasonable diligence be personally delivered to the person to be served." Code Civ. Proc. § 415.20(b). Here, the proof of service is facially defective because it does not show that Plaintiff exercised reasonable diligenc...

Excerpt: ...s' compensation statute by failing to plead it as an affirmative defense in its answer. "Generally speaking, in a lawsuit for personal injury damages, a defendant has the burden of pleading and proving, as an affirmative defense, the existence of the conditions of compensation under the workers' compensation law." (Brown v. Desert Christian Center (2011) 193 Cal.App.4th 733, 739, citing Doney v. Tambouratgis (1979) 23 Cal.3d 91, 9...

Excerpt: ...or, Kiransinh Thakor, and Lataben Thakor's demurrer to Plaintiffs' Maria Elena Melgoza and Elder Chocoj's complaint is overruled as to all ten causes of action. Plaintiffs make sufficient allegations to support each cause of action and to lay out their theory for how each of the nine named defendants allegedly played a role in the Labor Code violations asserted in the complaint. (See, e.g., Complaint 1‐14, 16‐19, 29‐30, 40, 51, ...

Excerpt: ...tion" as those pled in the FAC because plaintiff's first PAGA action and the class action involve only wage and hour claims, while the causes of action asserted in the FAC are for retaliation and wrongful termination. (Code Civ. Proc. § 430.10(c); see Bush v. Superior Court (1992) 10 Cal.App.4th 1374, 1384 [actions were not on the same cause of action where they did not involve invasion of the same primary right].) Even though the claims...

Excerpt: ...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 stipulat...

Excerpt: ...coverage to the broker's clients. (Travelers Property Casualty Company of America v. Superior Court (2013) 215 Cal.App.4th 561, 565.) The third party's remedy is against the client for failing in its obligation to procure insurance, not against the broker for failing to provide it. (Id.) The Subcontract Agreement requires the subcontractor, HMI Enterprises, Inc., to obtain workers compensation insurance, but does not mention Delaplace or ...

Excerpt: ...er Agreement, Bank of the West is an intended third-party beneficiary of the Agreement. (See Agreement 8 ["By signing this Agreement you consent and agree that any dispute that arises out of or relates to your assignment with the Bank (including, without limitation, any dispute with or claim against the Bank), . . . shall be submitted to binding arbitration[.]" (emphasis added)]; id. 8(ii) ["Bank may lawfully seek enforcement of this ...

Excerpt: ... defendants or some of them reside at the commencement of the action is the proper court for the trial of the action." (Code Civ. Proc. § 395(a).) Both Defendants are residents of Los Angeles. Venue is only proper where the injury occurred when the injury is a physical injury to a person or personal property; the injury "does not include mere injury to reputation, business or personal feelings." (Plum v. Newhart (1931) 118 Cal.App. 7...

Excerpt: ..." leave to file a cross‐complaint "at any time during the course of the action." (Code Civ. Proc. § 426.50; see Silver Organizations Ltd. v. Frank (1990) 217 Cal.App.3d 94, 98‐99 ["A motion to file a cross‐complaint at any time during the course of the action must be granted unless bad faith of the moving party is demonstrate where forfeiture would otherwise result."].) Defendant Chronomite Laboratories, Inc. has not sh...

Excerpt: ...ees is granted. Defendants Guneet Bajwa and Sushil Patel do not dispute that Fabricor and Leizorek are the parties prevailing on the Guaranty and are entitled under that agreement to an award of "any and all costs, fees and expenses (including without limitation, reasonable attorneys' fees and costs) and expenses incurred by Guaranteed Parties in enforcing any rights and remedies under the Guaranty." The Court determines that the reas...

Excerpt: ...34; that does not state any intelligible ground for opposing the motion. The Court finds that Plaintiff James Sales, having within the past year commenced in propria persona six lawsuits against the City and County of San Francisco that have been finally determined adversely to him, is a vexatious litigant. (Code Civ. Proc. § 391(b)(1).) Because the Court has sustained the City's demurrer to the amended complaint in this action without leave...

Excerpt: ...iner Agreement may allow expanded judicial review of the merits of the arbitrator's decision. (See Cable Connection, Inc. v. DirecTV, Inc. (2008) 44 Cal.4th 1334; but see Oaktree Capital Management, LP v. Bernard (2010) 182 Cal.App.4th 60, 70‐71.) Even assuming it does, however, Petitioner has failed to establish that the arbitrator committed legal error or exceeded his powers in rendering the award. The arbitrator expressly found that the ...

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: ...art 2 Of 2) The negligence per se doctrine does not apply because Plaintiffs have not produced any evidence that either the service brake system or the parking brake system was defective, and therefore there is no evidence that the City violated Veh. Code § 26453. (UMF 7, 10.) Further, Plaintiffs cannot proceed on a negligent training theory because they have pled only a single cause of action for motor vehicle negligence. Plaintiffs cannot avoi...

Excerpt: ...mend. As the court previously noted, Plaintiff's theory of recovery on the fraud claim is that once Defendant learned that the settlement offers were not memorialized, which was after the parties entered into their agreement, Defendant concealed the fact that Defendant intended to assert that the agreement was invalid when it received the settlement funds. (Complaint, 3:10-5:16; 7:1-24; Order Denying Defendant's Motion for Summary Adjudic...

Excerpt: ...ease in the San Francisco Bay Area by passing SB 595, of which the Court takes judicial notice. (RJN, Exh. C; see also Sts. & Hy. Code §§ 30916, 30923.) Under Article XIIIC of the California Constitution, "impose" means "enact" or "establish" and does not include the collection of the alleged "tax." (See Cal. Cannabis Coalition v. City of Upland (2017) 3 Cal.5th 924, 944 n.17 ["'impose' most plausibly...

Excerpt: ...iates, Inc. Plaintiff Northern California Collection Services, Inc.'s motion to strike answer is granted. Judicially noticeable documents show that defendant improperly filed an answer in this case on March 5, 2019, even though it has been a suspended corporation since December 1, 2016. A suspended corporation lacks the capacity to defend a lawsuit. (See Rev. & Tax. Code § 23301; Bourhis v. Lord (2013) 56 Cal.4th 320, 324.) The court normall...

Excerpt: ...whether a proposed class action settlement is fair and reasonable, a trial court "should consider relevant factors, such as the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and the stage of the proceedings, the experience and views of counsel, the presence ...

Excerpt: ... with leave to amend. Plaintiff's sole cause of action for medical malpractice is governed by the one- year limitations provision of Code of Civil Procedure section 340.5. The complaint and Plaintiff's opposition indicate that the alleged malpractice occurred on October 18, 2017, when Plaintiff alleges he witnessed medical staff refusing to treat his mother and prematurely declaring her deceased. The complaint was not filed until January ...

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...

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: ...vil Procedure § 389 (b) is moot in light of the court's ruling granting defendant's motion to quash service of summons. According to Ms. Gomez's declaration, she is providing legal services as a natural person and "the Law Office of Alicia Gámez" is a fictitious name under which she is doing business but is not a separate legal entity. (Gámez Decl. 3(c)(d); see Providence Washington Ins. Co. v. Valley Forge Ins. Co. (1996) ...

Excerpt: ... the court's judgment, and is denied as to the request to correct the amount of the award and is granted as to the incorrect naming of Alex Kwak as a judgment debtor. The court has the inherent power under Code of Civil Procedure Section 473(d) to correct clerical mistakes in its judgment. The motion to correct the arbitration award as to the sum awarded is both untimely and unfounded. Because the court intended to confirm the arbitration awa...

Excerpt: ...port and recommendation of the judge pro tem. Defendants California Public Utilities Commission, Michael Picker, and Liane M. Randolph's ill‐conceived motion to stay discovery, or in the alternative, for a protective order is denied. Defendants contend that certain of Plaintiff's claims are barred by collateral estoppel or by her failure to exhaust judicial remedies because she did not file a petition for writ of mandate challenging the...

Excerpt: ...led. McMillin Albany LLC v. Superior Court (2018) 4 Cal.5th 241 does not bar the breach of express warranty, breach of implied warranty, and violation of CC&Rs causes of action. All of those claims sound in contract and therefore they are viable. (See Civ. Code § 943(a) ["[T]his title does not apply to any action by a claimant to enforce a contract¿"]; McMillan Albany LLC, 4 Cal.5th at 249 ["the statute here leaves the common law un...

Excerpt: ...ernment Claims Act apply to plaintiffs' negligence cause of action against the City. (Gov't Code §§ 905, 905.2, 945.4.) The City's records from the Claims Division show that no claim was filed. The court takes judicial notice of the Rothschild declaration pursuant to Evidence Code section 452(c) and Gong v. City of Rosemead (2014) 226 Cal.App.4th 363, 376. Plaintiffs allege that they sent a letter with their claim to Susan Ehrlich, ...

Excerpt: ...ted that the incident that gave rise to the administrative decision took place at the East Beach Parking Lot in Crissy Field in the Presidio of San Francisco. The Presidio is a federal enclave in which, with limited exceptions not applicable here, the federal government has exclusive jurisdiction. (E.g., Standard Oil Co. of California v. California (1934) 291 U.S. 242, 243‐244; United States v. Watkins (N.D. Cal. 1927) 22 F.2d 437, 438‐441; s...

Excerpt: ...e of Civil Procedure section 998 offer, which Plaintiff accepted, Defendants offered "to pay reasonable costs, expenses and attorney's fees based on actual time expended pursuant to Code of Civil Procedure Section 1794(b) as stipulated by the parties or, if the parties cannot agree, upon motion to the court having jurisdiction over this action." Despite the emphasized language, Plaintiff never made any effort to stipulate to an award ...

Excerpt: ...ott Smith's motion for reconsideration of the Court's March 15, 2019 order denying Defendant's motion for sanctions 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...

Excerpt: ...alifornia Rules of Court, Rules 2.550 and 2.551. The Court finds that there exists an overriding interest that overcomes the right of public access to the portions 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 t...

Excerpt: ...rt's April 10, 2019 order sustaining Defendant David Dyer's demurrer to the first amended complaint without leave to amend is denied. While Plaintiff seeks leave to file a second amended complaint based on certain facts that occurred after he filed his opposition to Defendant's demurrer, the new allegations he seeks to add cannot overcome the dispositive defects identified by the Court in its prior order. His attempt to reargue the Co...

Excerpt: ...intiff was on inquiry notice with regard to her claim at the latest by October 2015. (First Amended Complaint, 33, 39, and 40.) Counsel Kleczek, who represents other plaintiffs with claims similar to plaintiff Rivera's, explains that these allegations only pertained to the other plaintiffs and they have no relevance to plaintiff Rivera's claim. (Kleczek Dec.) The court finds that counsel's drafting error provides a plausible explanati...

Excerpt: ... strike or, alternatively, tax Respondents' cost memorandum is granted in the amount of $86.40, and is otherwise denied on the ground that Respondents were the prevailing parties on Petitioners' motion to enjoin arbitration. Respondents shall recover their costs in the amount of $480.00. Any party who contests a tentative ruling must send an email to [email protected] with a copy to all other parties by 4pm stating, without argume...

Excerpt: ...ds is granted. The court orders the stay lifted and the matter restored to calendar because of the arbitration's termination due to Defendants' failure to pay arbitration fees. (Dhillon Decl., Exh.9). (See Cinel v. Christopher (2012) 203 Cal.App.4th 759, 769 n.11 ["the arbitration proceedings had not taken place due to failure to pay fees, and thus the trial court regained full jurisdiction, in the language of the statute, at 'suc...

Excerpt: ... who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If ...

Excerpt: ...ear 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 email. If no...

Excerpt: ...ng policy favoring liberal amendment of pleadings supports the motion. Plaintiff Ali R. Shakoori has failed to show that the proposed amendments are barred by the sham pleading doctrine. "Critically, the sham pleading doctrine 'cannot be mechanically applied.' [Citation.] It 'is not intended to prevent honest complainants from correcting erroneous allegations or prevent the correction of ambiguous facts.'" (JPMorgan Chase ...

Excerpt: ...is an essential element of each of plaintiff Felisia Thibodeaux's claims and thus is the focus of defendants' motion. Plaintiff's supposed inability to prove causation was argued for the first time in reply, so that argument is not considered. A plain reading of plaintiff's resignation letter indicates she resigned. (Davis. Dec. Ex. A.) However, while plaintiff's evidence is weak, it must be construed liberally. (Binder v. Aet...

Excerpt: ...t 9:30am. Cross‐complainant Stan Schuldiner's motion to tax costs and amend the judgment is granted in part. The December 21, 2018 memorandum of costs filed by cross‐defendants ITC Financial Licenses, Inc. and The Bancorp Bank claims filing and motion fees of $1,620.70, deposition costs of $5,816.51 and total costs of $7,437.21, which, absent a timely filed amended memorandum, are the maximum amounts of costs recoverable by ITC and Bancor...

Excerpt: ...d in this chapter prosecuted by the employee, the employer, or both jointly against the third person results in judgment against such third person, or settlement by such third person, the employer shall have no liability to reimburse or hold such third person harmless on such judgment or settlement in absence of a written agreement so to do executed prior to the injury." This provision generally bars all personal injury and equitable indemnit...

Excerpt: ... the dismissal under Code of Civil Procedure section 473(b) (which Plaintiff has not requested it to do), Plaintiff "has failed to identify a colorable basis for relief under the statute." (Hopkins & Carley v. Gens (2011) 200 Cal.App.4th 1401, 1410 [affirming denial of self-represented party's motion to set aside arbitration award against him where he made no real attempt to show it resulted from a mistake of fact or law, surprise, or...

Excerpt: ...ll amount of the proposed settlement is fair and adequate in view of the purposes and policies of PAGA, taking into account such factors as the adequacy of the civil penalties in light of the potential maximum if the matter were to go to verdict and the risks of litigation. (Lab. Code § 2699(l)(2); see Flores v. Starwood Hotels & Resorts Worldwide, Inc. (C.D. Cal. 2017) 253 F.Supp.3d 1074, 1077; O'Connor v. Uber Technologies, Inc. (N.D. Cal....

Excerpt: ...ration is granted. The collective bargaining agreement ("CBA") does not include a clear and unmistakable delegation clause. Therefore, the court rather than the arbitrator will determine whether petitioner "waived" the right to arbitrate by failing to seek arbitration in compliance with the timing requirements of the CBA. (See Code Civ. Proc. § 1281.2(a) [court determines waiver]; Platt Pacific Inc. v. Andelson (1993) 6 Cal.4th 3...

Excerpt: ... 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 decide t...

Excerpt: ...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 decide th...

Excerpt: ...onetary Sanctions 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 ...

Excerpt: ...cause the action was filed in the county where one of the defendants resides. (Code Civ. Proc. § 395(a).) Moving defendants have not shown that Plaintiff improperly joined the resident defendant. "A defendant's residence for venue purposes may only be disregarded when the joinder is sham, against one having no real interest in the litigation, who is joined solely for the purpose of achieving venue in a particular county." (Buran Equi...

Excerpt: ...ction Caves et al. v. Walgreen Co., Case No. 2:18-cv-02910-MCE-DB, in the U.S. District Court for the Eastern District of California is granted. The factors specified in Caiafa Prof. Law Corp. v. State Farm Fire & Cas. Co. (1993) 15 Cal.App.4th 800, guiding the court's discretion in considering a stay of the state action when there is a pending federal action covering the same subject matter, weigh heavily in favor of staying the instant acti...

Excerpt: ... 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 decide the motion with t...

Excerpt: ... attachment against Defendant Treva Cooke is granted in the amount of $115,361.45, plus reasonable attorneys' fees in the amount of $11,333.33. Code of Civil Procedure section 484.010 provides for issuance of a right to attach order and writ of attachment upon filing of the complaint or any time thereafter. A court "shall issue a right to attach order" if it finds: (1) the claim upon which the attachment is based is one upon which an ...

Excerpt: ...r Coordination Defendants Volkswagen Group of America, Inc. and Anderson Enterprises, Inc.' motion to stay proceedings pending determination of petition for coordination is GRANTED. This action is stayed until a ruling on the petition to coordinate is made by the Los Angeles Superior Court after the hearing on June 6, 2019. This court has the inherent power to issue such a stay. (Jordache Enters., Inc. v. Brobeck, Phleger & Harrison (1998) 18...

Excerpt: ...ition for writ of mandamus is SUSTAINED without leave to amend. Petitioner's assertion that there is no tax law in effect is not a factual allegation, but a legal argument that is not entitled to deference on a demurrer. (See McBride v. Boughton (2004) 123 Cal.App.4th 379, 384 ["We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law."].) Revenue and Taxati...

Excerpt: ... for leave to file fourth amended complaint is GRANTED. California has a policy of liberally permitting amendments to pleadings at any stage of the proceeding. (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 760.) Similarly, Code of Civil Procedure section 474 liberally allows Doe amendments where Plaintiffs were ignorant of facts that would support a cause of action against the new Defendant, even if Plaintiffs knew the identity of the Defend...

Excerpt: ... For Order Compelling Further Response To Demand For Production Of Documents From Def. Cha Corp. And Imposing Monetary Sanctions In The Amount Of $3,942 Plus Costs Against Defendant Chamdi, Pro Tem Judge Tom Cohen, 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 sti...

Excerpt: ...nc.S Memorandum Of Costs Or, In The Alternative, Tax Costs; Memorandum Of Points And Authorities In Support Thereof Plaintiff Colin Heilbut's motion to strike defendant Equinox Holdings, Inc.'s memorandum of costs is DENIED. Plaintiff's alternative motion to tax costs is GRANTED. The parties agree that the costs sought for witness and electronic‐document‐hosting fees are excessive. Those costs are thus taxed $4,430, reducing the a...

Excerpt: ...mplaint is GRANTED. Kong's original complaint naming Doe defendants was filed September 29, 2015; he then had three years to identify and serve Drs. Vu and Hanks as Does to avoid mandatory dismissal. (Id. ("shall be served"); Inversiones Papaluchi S.A.S. v. Sup. Ct. (2018) 20 Cal.App.5th 1055, 1061.) Absent tolling, the date by which Kong had to serve Vu and Hanks was September 29, 2018, and he did not serve them until March 11, 2019....

Excerpt: ...ion to reconsider" is denied. Even assuming plaintiff's characterization of the appellate record, I cannot, for several reasons, grant the relief sought ‐ enforcement of what plaintiff calls the "settlement agreement." First, a settlement would require approval by the Board of Supervisors and the Public Utilities Commission, but the record is bare of evidence that either approval occurred. Second, the settlement cannot be enforc...

Excerpt: ...ed] OrderRulings:Set for hearing on Thursday, May 9, 2019, Line 12, PLAINTIFF RACHEL ARCHULETA's Motion To Enforce Stipulated Settlement Agreement Pursuant To C.C.P. 664.6, For An Order Compelling Performance And For Sanctions In The Amount Of $1,996.00, As Against Defendant Aryan Kenchin And His Attorneys Of Record Sheena Patel And John Ranucci Per C.C.P. 128.5. Plaintiff Rachel Archuleta's motion to enforce settlement is denied. For Cod...

Excerpt: ...gainst Mr. Zhen only; and sustained without leave to amend as to the first, second, fourth, and fifth causes of action for breach of contract, unlicensed contractor, slander of title, and petition to remove mechanics lien. As the court previously held in ruling on the demurrer to the first amended complaint, Mr. Kung has pled a viable claim for negligence (construction defects) against Mr. Zhen which needs to be restated verbatim in the operative...

Excerpt: ...ode section 2802. Labor Code section 2802 does not require an employer to indemnify its employees for expenditures or losses arising out of a lawsuit brought by the employer. (Thornton v. Cal. Unemployment Ins. Appeals Bd. (2012) 204 Cal.App.4th 1403, 1420 ["[U]nder Labor Code section 2802 . . . an employee sued by his employer is not entitled to reimbursement for the costs of successfully defending against the lawsuit because the reimburseme...

Excerpt: ...r service, the court credits Mr. Sterling's uncontroverted declaration that he does not know the person named "Maria" with whom the summons was left, that he does not know a person with that name to be in charge of the hospital, and that he did not receive the summons and complaint. (Sterling Decl. 12, 13; see Fernandes v. Singh (2017) 16 Cal.App.5th 932, 941 ["declaration of non‐service if credited by the trial court can rebut ...

Excerpt: ...erference with economic relations, and without leave to amend as to the third and fourth causes of action. As to the first cause of action, "[t]he general rule is that the words constituting an alleged libel must be specifically identified, if not pleaded verbatim, in the complaint." (Kahn v. Bower (1991) 232 Cal.App.3d 1599, 1612 n.5; see also <00170018001b0011000c00 00550003005700520003[plead a claim of defamation with sufficient certai...

Excerpt: ...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 email. If n...

Excerpt: ...mber 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 authorit...

Excerpt: ...minations Pro Tem Judge Adrienne Rogers, 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: ...ntiff is alleging a vicarious liability cause of action per Gov't Code § 815.2 and/or a direct claim per Gov't Code § 815 and Civil Code § 2100. A claim against a public entity must be pleaded with particularity, including the existence and source of a statutory duty. (Searcy v. Hemet Unified School Dist. (1986) 177 Cal.App.3d 792, 802.) Plaintiff can allege a vicarious liability claim based on conduct by City employees. Plaintiff alle...

Excerpt: ...eclarations of Fulvio Cajina and Matthew Haley demonstrate just cause for the continuance as they identify specific facts essential to oppose the motion. Dr. Cohen was decedent's main treating therapist and a key witness in this case. Dr. Cohen's deposition occurred on April 22, 2019, which was only one day prior to the opposition due date, and there was insufficient time to incorporate her testimony into the opposition papers. Although t...

Excerpt: ...first amended complaint is overruled as to the first and second causes of action for strict liability manufacturing defect and negligence in manufacturing and sustained without leave to amend as to the third cause of action for failure to warn. Liberally construing the complaint, Plaintiff has identified federal regulations previously violated by Defendants and alleged to have been violated leading to the incident that injured Plaintiff. (FAC 13,...

Excerpt: ...California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Super...

Excerpt: ...y Graff's first amended complaint is sustained with 20 days leave to amend. Plaintiffs have not properly pled negligent entrustment because such a claim requires pleading of facts that the owner of the vehicle entrusted the vehicle to someone known to be unfit to drive. (Lindstrom v. Hertz Corp. (2000) 81 Cal.App.4th 644, 648.) The first amended complaint only alleges facts related to failing to secure the car and allowing it to be stolen. As...

Excerpt: ...t or alternatively summary adjudication as to the causes of action stated against it by cross‐complainants Fifth Historic Properties, LLC, 418 Jessie Historic Properties, LLC and 418 Jessie Properties, LLC in their first amended cross‐complaint is granted as to all causes of action. Northern Pacific Roofing is entitled to summary adjudication of the causes of action for equitable indemnity/ implied contractual indemnity, contribution, and neg...

Excerpt: .... Continued to a date agreed to by the parties after May 15, 2019 to give them the opportunity to continue settlement discussions. The parties should send an email to [email protected] stating the date they agreed to for the hearing. The parties should send an email to [email protected] stating the date they agreed to for the hearing. The CCP 170.3 statement filed by non‐party Joanna Pfeister to Pang Ly is denied without need fo...

Excerpt: ... is fair and adequate in view of the purposes and policies of PAGA, taking into account such factors as the adequacy of the civil penalties in light of the potential maximum if the matter were to go to verdict and the risks of litigation. (Lab. Code § 2699(l)(2); see Flores v. Starwood Hotels & Resorts Worldwide, Inc. (C.D. Cal. 2017) 253 F.Supp.3d 1074, 1077; O'Connor v. Uber Technologies, Inc. (N.D. Cal. 2016) 201 F.Supp.3d 1110, 1132‐11...

Excerpt: ...ns, 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: ...uments From Swett And Crawford Pro Tem Judge Julia Campins, 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...

Excerpt: ... papers and the declaration sought to be sealed fail to make the required "specific showing of serious injury" if the declaration sought to be sealed is made available to the public. (Universal City Studios, Inc. v. Superior Court (2003) 110 Cal. App. 4th 1273, 1282). "In delineating the injury to be prevented, specificity is essential. Broad allegations of harm, bereft of specific examples of articulated reasoning, are insufficient.&...

Excerpt: .... is granted without prejudice to Defendants filing a motion to set aside the defaults entered against them. On September 17, 2018, Defendants' defaults were entered. Such entry of default cut off Defendants' opportunity to file a responsive pleading. (Forbes v. Cameron Petroleums, Inc. (1978) 83 Cal.App.3d 257, 262 ["Since defendants' default had already been entered, they had no standing to file any responsive pleading without f...