Excerpt: ...18 JESSIE STREET CONDOMINIUM'S Motion For Leave To File Fourth Amended Complaint To Supplement And Clarify Allegations Set Forth In The Second Cause Of Action For Negligence And Add Twelfth Cause Of Action For Intentional Failure To Disclose. The hearing will be at 9:00 am, not 9:30 am. Plaintiff's motion for leave to file a fourth amended complaint is denied. Plaintiff, a condominium owners' association, lacks standing to sue for the...

Excerpt: ... Civ. Proc. § 425.16.) Defendant and Cross‐Complainant Core Venture Capital LLC's argument that the first prong is not met because Findley "waived" the protection of the anti‐SLAPP statute by entering into the non‐disclosure agreement is meritless. In the case it relies upon for that proposition, the California Supreme Court explicitly held that a cause of action for breach of a release agreement based upon the filing of counte...

Excerpt: ...tion is granted. When the court previously issued a stay of discovery in this case rather than a complete stay, it believed that the coverage issues could possibly be resolved based on the underlying pleadings alone. At that time, the record was unclear whether resolution of the coverage issues could lead to a risk of inconsistent factual determinations that could prejudice Arup. The court now determines that there is a risk of inconsistent factu...

Excerpt: ... on November 20, 2018 is granted. The court notes that Defendant Lama Ashkar states that she was not served with the motion, and the address that appears on Plaintiff's proof of service appears to be incorrect (misspelled street name, wrong zip code). Plaintiff has shown that the order dismissing the case was entered as a result of counsel's mistake, inadvertence, surprise, or excusable neglect due to a calendaring error and counsel's...

Excerpt: ...jidsuren and Sergelen Ganutumur's application for a good faith settlement determination of their settlement with plaintiff Jeffrey Brunecker pursuant to Code of Civil Procedure § 877.6 is granted and Defendants Marin Country Day School and Steven Harrison's motion in opposition is denied. Cross‐defendants have standing to seek a good faith determination of their settlement with plaintiff, even though they did not make an appearance as ...

Excerpt: ...FENDANTS GENERAL TSO KITCHEN, INC., AND LI CAO'S Motion For An Order Establishing Admissions Or Compelling Responses And Further Responses, And Compelling Responses And Further Responses To Their First Set Of Form Interrogatories, Special Interrogatories, And Requests For Production Of Documents, And For Sanctions Judge Pro Tem Chuck Geerhart, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve ...

Excerpt: ...reconsideration of the December 17, 2018 order granting defendant Transportation Brokerage Specialists, Inc.'s motion to compel arbitration and stay proceedings is granted. The December 17, 2018 order is vacated and a new order is entered denying TBS's motion to compel arbitration. Zakaryan v. The Men's Wearhouse, Inc. (2019) 33 Cal. App. 5th 659 constitutes "new or different law" within the meaning of CCP 1008(a). Even if it ...

Excerpt: ... is granted. Although Plaintiff San Francisco Independent Taxi Association acted with "reasonable diligence" in attempting to serve Defendant, Plaintiff has not demonstrated that the individual who received the summons and complaint was the person apparently in charge of Defendant's "usual place of business." (Code Civ. Proc. § 415.20(b).) Defendant shows that he has only a tenuous relationship with National Cab Company at 22...

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 Supe...

Excerpt: ...otion For Summary Judgment, Per Section 473b Code of Civil Procedure GRANTED in part. The Court will consider Defendants' late‐filed reply brief, but will not consider the voluminous additional documentary evidence improperly included with that brief, which Defendants' counsel's declaration fails to explain or justify. "The general rule of motion practice, which applies here, is that new evidence is not permitted with reply pape...

Excerpt: ...pany'S First Amended X-Complaint. *** Tentative Ruling - Part 2 of 2 *** The motion for judgment on the pleadings is granted with 30 days leave to amend as to causes of action 3-5. The parties cannot agree on what is actually pleaded in this case. Lian Tong argues that all of the claims are predicated on the 2015 cancellation agreement. Bing Wu claims that its claims are based both on the 2014 construction agreement and the 2015 cancellation ...

Excerpt: ...tative Ruling - Part 1 of 2 *** Defendants Grabhorn Institute, Lyra Corporation, William Barlow, Leslie Berriman, Phillip Bowles, William Buice, Kevin King, Helyn Maclean, Wilhelm Oehl and Paul Wattis' motion to strike portions of the first amended complaint is denied. The notice of motion is improperly directed at portions of Plaintiff's original complaint, which has been superseded by the first amended complaint. Defendants' various...

Excerpt: ...nied as to the prayer for compensatory damages and is granted without leave to amend as to the prayer for attorney fees. As the court previously ruled in denying Mr. Vanucci's motion to strike the prayer for relief in the original complaint, the amount of compensatory damages is adequately alleged (FAC 21) and Fast Trak need not plead evidentiary facts to support those allegations. The prayer for attorney fees against Mr. Vanucci is not suppo...

Excerpt: ...proximately two months after the default was entered. The defendant provides a proposed pleading. Defendant demonstrates excusable neglect, mistake, and/or inadvertence caused entry of the default. Defendant's counsel was experiencing family issues during the time defendant's response was due. "[T]he policy of the law is to have every litigated case tried upon its merits, and it looks with disfavor upon a party, who, regardless of the...

Excerpt: ...tion in violation of public policy and denied as to her second, third, and fourth causes of action for retaliation, harassment, and failure to prevent harassment under the Fair Employment and Housing Act (FEHA). Plaintiff's FEHA claims are not arbitrable as those claims are statutory. "Generally, a collective bargaining agreement (CBA) providing for arbitration of employment grievances does not provide for arbitration of a worker's cl...

Excerpt: ... for a protective order is granted. The parties shall sign and submit for entry by the court Defendants' proposed protective order, subject to the following conditions. Plaintiff's request for an order allow her to view materials designated as Attorneys' Eyes Only is denied, without prejudice to her ability to challenge any such designations as overbroad. The protective order shall contain a provision allowing Plaintiff to use documen...

Excerpt: ...exists is a question to be decided by the court. (Baker v. Italian Maple Holdings, LLC (2017) 13 Cal.App.5th 1152, 1158.) Niesar proves that plaintiff Mary Ellen Petroni reviewed and signed the fee agreement, confirmed the retention in a subsequent letter and made an initial payment under the hourly rates stated in the agreement. (Niesar Dec. 3‐5, 7 Exs. A‐B; Sbona Dec. 9‐11; Earsom Dec. 2.) Petroni does not deny signing the agreement or po...

Excerpt: ...ions. The court finds that those documents have no probative value as they involve different actions and this court is solely concerned with whether plaintiff's first amended complaint in the instant action pleads sufficient facts to allege individual and/or class claims. The demurrer to all nine causes of action is sustained with 20 days leave to amend. "[S]imply parroting the language of [the Labor Code] in the complaint is insufficient...

Excerpt: ...udge 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 the mot...

Excerpt: ... action is sustained with leave to amend. The filing requirements of the Government Claims Act (Gov't Code §§ 905, 905.2, 945.4) apply to all of Plaintiff's state law claims. "Unless a specific exemption applies, '[a] suit for "money or damages" [within the meaning of Gov't Code § 945.4] includes all actions where the plaintiff is seeking monetary relief, regardless whether the action is found in 'tort, contract...

Excerpt: ...f Documents, Special <00470003002c0050005300 00510048005700440055[y Sanctions Against Enigma. 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 mo...

Excerpt: ...ers' claims. It is undisputed that the parties entered into an arbitration agreement that covers all the claims Weathers has stated in his complaint. The agreement is enforceable because Mr. Weathers has not shown that it has any indicia of procedural unconscionability. (See Tiri v. Lucky Chances, Inc. (2014) 226 Cal.App.4th 231, 239 ["arbitration agreements are valid and enforceable, unless they are revocable for reasons under state law ...

Excerpt: ...ontinued to August 19, 2019 to allow for jurisdictional discovery. It is Plaintiff's burden to establish jurisdiction and it must present evidence to implicate the alter ego doctrine. (See Sonora Diamond Corp. v. Superior Court (2000) 83 Cal.App.4th 523, 539‐540.) Here, the Poschl declaration does not show that Mr. Hyde has sufficient minimum contacts with California or is the alter ego of Budget Prepay, Inc. such that the Court may exercis...

Excerpt: ...ed. The settling defendants provide substantial evidence regarding the nature and extent of their liability and Mr. Dimitriou fails to show that the settlement is out of the ballpark. (See Code Civ. Proc. § 877.6(d) [the party asserting the lack of good faith shall have the burden of proof on that issue]; Tech‐Bilt, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488, 499; Mattco Forge, Inc. v. Arthur Young & Co. (1995) 38 Cal.App.4th 1...

Excerpt: ... 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 via fax ...

Excerpt: ...ross‐Defendant Rainbow Waterproofing & Restoration Co. filed its motion for summary judgment or in the alternative for summary adjudication on February 15, 2019. On April 25, it filed a motion for a good faith determination as to its settlement with Plaintiff, which is currently set for hearing on June 5, 2019. According to counsel to the Developer Defendants and Patrick McNerney, Rainbow refused their requests to withdraw its summary judgment ...

Excerpt: ...f attorney's fees and costs pursuant to Code of Civil Procedure section 425.16 is granted in the amount of $36,147.50 in attorney's fees and $2,542.43 in costs. Because Defendants prevailed on their special motion to strike the complaint, they are entitled to recover their attorney's fees and costs. (Code Civ. Proc. § 425.16(c)(1).) However, the statute's legislative history shows that "the Legislature intended that a prevail...

Excerpt: ...§ 430.10(f).) The amended complaint is uncertain as Plaintiff fails to comply with California Rule of Court 2.112 and separately state his distinct theories of recovery. Plaintiff is given 20 days leave to amend to set forth separately each count or cause of action in compliance with the Rule of Court. For example, a claim for intentional infliction of emotional distress shall be alleged separately from a claim for false imprisonment. Paragraph ...

Excerpt: ...unsel Michael T. Risher and Stephanie Lacambra, which will not affect his ability to fairly and impartially decide this matter. Hearing required at 1:30 p.m. At the hearing, counsel should be prepared to address the following questions: 1. Does the Attorney General contest that Plaintiffs have standing to bring this action under the doctrine of public‐interest mandamus standing and/or taxpayer standing under Code Civ. Proc. § 526a? 2. Because ...

Excerpt: ...tlement 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); s.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, ...

Excerpt: ... this employment dispute. First, plaintiff says she did not sign the putative arbitration agreement; Pacific Specialist says she did. Second, plaintiff says Pacific Specialist is not a party to the arbitration agreement; Pacific Specialist says Hayes Valley Surgery Center is its "dba ‐ doing business as." As plaintiff proposes, I will hold an evidentiary hearing on these two issues. (See Hotels Nevada v. L.A. Pacific Center, Inc. (2006)...

Excerpt: ...alski. Fink and Neilson show that the cross‐complaint arises out of protected activity of filing a lawsuit. (Sheley v. Harrop (2017) 9 Cal.App.5th 1147, 1165.) However, the cross‐complaint is "legally sufficient and supported by a sufficient prima facie showing of facts to sustain a favorable judgment if the evidence submitted by the plaintiff is credited." (Tuchscher Development Enterprises, Inc. v. San Diego Unified Port Dist. (2003...

Excerpt: ... its moving papers, the court reversed the trial court's order sustaining the defendants' demurrer, holding squarely that "the Rosenthal Act's definition of 'debt collector' applies to a mortgage servicer who engages in debt collection practices in attempting to obtain repayment of mortgage debt." (Id. at 304; see also id. at 303 ["In our view, those federal courts that have concluded that section 1788.2 's def...

Excerpt: ...udge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent t...

Excerpt: ...d 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 email....

Excerpt: ...isticated Home Builder, Inc. In The Amount Of $892 Pro Tem Judge Naomi Gray, 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 p...

Excerpt: ...t‐A‐Car Company Of San Francisco, LLC. Plaintiff Rachel Archuleta's motion to tax costs sought by Defendant Enterprise Rent‐A‐Car Company of San Francisco, LLC is denied. Plaintiff sued and served Enterprise as National Car Rental. On February 13, 2019, Defendants Enterprise and Enterprise Holdings, Inc. filed a demurrer to the complaint. On February 14, 2019, Plaintiff filed a request for dismissal without prejudice as to National Ca...

Excerpt: ...the complaint identifies the name of the defendant as David Farbe, a slight misspelling does not render service defective if the person served is aware that he is the person named as a defendant. (Sakaguchi v. Sakaguchi (2009) 173 Cal.App.4th 852, 857.) Here, the proof of service shows that Mr. Farber was personally served with the summons and complaint and confirmed his identity to the process server. Mr. Farber's contention that he was the ...

Excerpt: ...on for order to allow Plaintiff to file a first amended complaint for violation of Equal Pay Act and retaliation is granted. The liberal policy of amendment supports the motion. Plaintiff need not prove the corrected allegations she seeks to make, but need only specify those matters listed in Rule 3.1324, including when the facts giving rise to the amendment were discovered. Defendant Github, Inc. has not shown that the minor changes Plaintiff se...

Excerpt: ...ewardsFlow LLC, American Prize Center LLC, and Mohit Singla's answer is granted. California follows the American rule, which provides that each party to a lawsuit must ordinarily pay his own attorney fees. (Trope v. Katz (1995) 11 Cal.4th 274, 278.) Attorney fees are recoverable by a prevailing party only when authorized by contract, statute, or law. (Code Civ. Proc. § 1033.5(a)(10).) Defendants have not pled any contractual or statutory bas...

Excerpt: ...f action for unjust enrichment is sustained with leave to amend. (See Code Civ. Proc. § 430.10(e).) Plaintiff has leave to plead specific facts regarding why the Management Services Agreement may be unenforceable, e.g., if the agreement is found to conflict with the Federal Controlled Substances Act. (See Klein v. Chevron U.S.A., Inc. (2012) 202 Cal.App.4th 1342, 1389.) Defendants' demurrer to the first through fourth causes of action on gro...

Excerpt: ...delina Wine Company's demurrer to the first amended complaint is overruled as to the first and third causes of action for conversion and unfair competition/unfair business practices and sustained without leave to amend as to the second, fourth, and fifth causes of action for breach of contract, promissory estoppel, and equitable estoppel. The Court grants Defendants' request for judicial notice of the underlying materials in the Court'...

Excerpt: ....'s demurrer to the complaint by plaintiffs Donald R. McCaffree and Sara McCaffree is overruled as to the fourth cause of action for fraudulent concealment and is sustained with leave to amend as to the fifth and sixth causes of action for intentional and negligent misrepresentation. The complaint alleges with sufficient specificity facts supporting a cause of action for fraudulent concealment. "[A] duty to disclose material safety concer...

Excerpt: ...ng 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 the motion sign th...

Excerpt: ...n with Ms. Durbin, Mr. Masry "mentioned a possibility of involvement of something 'starting with an M and ending with an L.'" (Sims. Decl., Ex. D [Mar. 16, 2017 email from Durbin to Slobodianiuk].) That statement is ambiguous, and is too vague to be actionable. The term "money laundering" does not "end with an L," nor do Plaintiffs provide evidence of extrinsic circumstances which show that Ms. Durbin understood it...

Excerpt: ...filing an answer is granted in large part. Plaintiff Earlisha Nash is seeking to pursue claims both on behalf of a class and on an individual basis. Plaintiff's individual claims undoubtedly fall within the scope of employment and are therefore covered by the arbitration agreement. Based on the plain language of the Arbitration Agreement, there is no agreement to arbitrate class claims, so those claims must remain in this Court. (See Flamenco...

Excerpt: ...m And For Sanctions In The Amount Of $10,365.41. Plaintiff Qian & Nemecek LLP's motion to compel compliance by Laurel SPE, LLC with subpoena duces tecum is granted. Plaintiff's motion for sanctions in the amount of $10,365.41 is denied. Nonparty Laurel SPE, LLC's motion for sanctions is denied. Finally, the parties are directed to meet and confer regarding any objections that Laurel SPE has to the scope of the subpoena, and Laurel SPE...

Excerpt: ...To Compel Further Responses And For Monetary Sanctions; Separate Statement In Support Of Plaintiffs' Motion To CompelRulings:Matter on calendar for Tuesday, April 23, 2019, Line 5, PLAINTIFFs JOSE CRUZ, CLAUDIA LOBO, NORMA LOBO, KELIS LOVO-IRAHETA, BYRON ORELLANA, CLAUDIA LOBO AS GUARDIAN AD LITEM, CLAUDIA LOBO AS GUARDIAN AD LITEM FOR, CLAUDIA LOBO AS GUARDIAN AD LITEM's Motion For Orders To Compel Further Responses And For Monetary Sanc...

Excerpt: ...m, defendants owed no fiduciary duty to plaintiff as a matter of law. As pled, Buyer LLC was a manager‐managed limited liability company, and members of such an LLC owe one another no fiduciary duty by reason of being members. (Cmplt. Exh. A §5.1; Corp. Code §17704.09(f)(3).) Only its manager owes duties of loyalty and care to a member of a manager‐managed LLC. (Id. at (f)(1); Feresi v. The Livery, LLC (2014) 232 Cal.App.4th 419, 425.) Plai...

Excerpt: ...ase involving plaintiff's slip on a puddle in its grocery store (premises liability). The puddle and the slip are undisputed (UMF 2‐6), but Safeway says it lacked actual or constructive notice of the puddle. Safeway fails to shift the burden of production on the actual or constructive notice issues. The only evidence that Safeway adduces is plaintiff's deposition testimony and there was no comprehensive discovery regarding the notice is...

Excerpt: ... this court in 2018 ‐ Nos. 570621, 566431 and 564434. (CCP §1048(a).) All three cases regard disputes over the project's construction costs. Thus adjudicating common issues in one court department would be more efficient than having three departments consider overlapping facts and risk inconsistent findings. (Edmon & Karnow, California Practice Guide: Civil Procedure Before Trial (TRG 2016) §12:359 ("Edmon & Karnow").) Two subcont...

Excerpt: ...CP §340.6's one‐year statute of limitations. But they must establish from the complaint's face and the judicially‐noticed materials that the complaint is "necessarily barred." (Favila v. Kattan Muchin Rosenman LLP (2010) 188 Cal.App.4th 189, 224) (defendant's burden; "statute of limitations will not lie where the action may be, but is not necessarily barred").) Defendants' main argument is that plaintiffs lear...

Excerpt: ... arbitration is granted and the action is stayed pending arbitration of Plaintiff Alcantar & Kahn, LLP's claims. The parties' retainer agreement contains an arbitration clause which provides that in the event of a dispute as to attorney's fees or costs, Alcantar & Kahn will provide Vias with written notice of its right to arbitrate the dispute under the Mandatory Fee Arbitration Act, Bus. & Prof. § 6200 et seq. Upon receiving such no...

Excerpt: ...ent And Recall And Quash Writ Of Judgment, If Entered And Motion To Quash Service Of Summons Memorandum Of Points And Authorities. Defendant Gatti's motion to vacate the default entered on April 17, 2018 and default judgment entered on September 27, 2018 is granted. Plaintiff failed to effectuate proper service and the default and default judgment are void pursuant to Code of Civil Procedure section 473(d). Plaintiff did not properly substitu...

Excerpt: ...ndants City and County of San Francisco and Warren Rubit's motion for summary judgment is denied. Defendants' motion for summary adjudication as to the first cause of action for negligence is denied. Defendants fail to maintain their initial burden of production. The Court construes the first cause of action as a claim pursuant to Gov't Code § 815.2 ["A public entity is liable for injury proximately caused by an act or omission o...

Excerpt: ...te provides in pertinent part, "in making an order pursuant to motion made . . . under section 1987.1, the court may in its discretion award the amount of the reasonable expenses incurred in making or opposing the motion, including reasonable attorney's fees, if the court finds the motion was made or opposed in bad faith or without substantial justification or that one or more of the requirements of the subpoena was oppressive." (Code...

Excerpt: ... Maria Teos and Ranfie Ancelovici's motion to vacate the defaults entered on January 22, 2019 and January 25, 2019 is granted. Defendants have shown good cause for relief under the discretionary provision of CCP § 473(b). Defendants filed this motion within a reasonable time after entry of the defaults and have shown they were entered as the result of mistake, inadvertence, and/or excusable neglect. The declarations of Kimberley Hill and Gle...

Excerpt: ...efendant and Cross‐Complainant William J. Thomson dba Thomson Inspection Service's motion for leave to amend cross‐complaint to substitute true names for fictitiously named cross‐defendants is granted. Section 474 is to be liberally construed, and "even though the plaintiff knows of the existence of the defendant sued by a fictitious name, and even though the plaintiff knows the defendant's actual identity (that is, his name), t...

Excerpt: ... granted and the DLSE proceedings shall be stayed pending the arbitration of plaintiff DeEveria Lacy's claims. This order shall constitute the Court's statement of decision on the petition pursuant to Code Civ. Proc. § 1291. There is no dispute that Plaintiff signed a Dispute Resolution & Arbitration Policy, which requires binding arbitration of all employment-related legal disputes. Contrary to Crestwood's argument, that Policy does...

Excerpt: ...per procedural vehicle to strike inadequately pled punitive damages allegations. (See Turman v. Turning Point of Central California, Inc. (2010) 191 Cal.App.4th 53, 63-64.) In order to state a prima facie case for punitive damages, a complaint must set forth the elements stated in the general punitive damages statute, Civil Code section 3294, including allegations that the defendant has been guilty of oppression, fraud, or malice. (Civ. Code § 3...

Excerpt: ...r Deposition And For Monetary Sanctions Plaintiff Sandy Lim's motion to compel Defendant American General Life Insurance Company's person most knowledgeable for deposition and for monetary sanctions is denied. American General, at Plaintiff's request, properly designated Angela Butler as the person most knowledgeable to testify on its behalf in response to Plaintiff's PMK notice. It did not refuse to make Ms. Butler available for ...

Excerpt: ...ney's fees is stricken pursuant to Code of Civil Procedure § 435(b) because it is not supported by any allegation as to a contract or statute authorizing such fees. (Code Civ. Proc. § 1033.5.) Plaintiff has 20 days leave to amend if he can allege in good faith a contractual or statutory basis supporting recovery of attorney's fees. The prayer for punitive damages is supported by the fraud allegations and the motion to strike this portio...

Excerpt: ...sco whether to dismiss the arbitration Defendants initiated against Mr. Corbelli. If BASF does not dismiss the arbitration and those proceedings go forward, there is a risk of inconsistent rulings and duplicative and burdensome proceedings; accordingly, a brief stay is appropriate. If BASF dismisses the arbitration, the stay shall terminate by its terms without the need for a further order. Any party who contests a tentative ruling must send an e...

Excerpt: ...cause of action for unjust enrichment are simply stated as receipt of a benefit and unjust retention of the benefit at the expense of another. (Professional Tax Appeal (2018) 29 Cal.App.5th 230, 238.) The complaint adequately pleads those elements. (Compl. 22-23.) However, in order to assert a claim for restitution based on unjust enrichment, Plaintiffs must make it clear that the claim is an inconsistent claim alleging the absence of an enforcea...

Excerpt: ...nded cross‐complaint is denied. Although California's policy of liberality in amendment of pleadings generally warrants granting a request for leave to file an amended pleading before trial, under the unusual circumstances of this case the Court believes that the potential prejudice to Plaintiff Jason Roussos outweighs that policy, particularly given Defendant's lengthy delay in seeking to amend, the potential prejudice to Plaintiff, an...

Excerpt: ...ruled in part. MPC's demurrer is overruled as to causes of action 1, 2, and 6. First, 28 alleges that MPC is a party to the contract and the court takes that allegation as true. Second, the court defers to plaintiff's interpretation of the contract on demurrer where plaintiff's position is not clearly erroneous. (See Rutherford Holdings, LLC v. Plaza Del Rey (2014) 223 Cal.App.4th 221, 229.) In this case, Lutz signed the operating agr...

Excerpt: ...stained with 20 days leave to amend as to the second cause of action for intentional misrepresentation, and sustained without leave to amend as to the third and fourth causes of action for negligent misrepresentation and for preliminary and permanent injunction. Plaintiff has sufficiently alleged a cause of action for breach of contract because plaintiff's interpretation of the two prohibitions in para. 4, read in conjunction with para. 5 of ...

Excerpt: ... court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect." (Code Civ. Proc. § 473(b).) Code of Civil Procedure section 473(b) is liberally construed to prevent injustice and allow cases to be decided on their merits. (Frank E. Beckett Co. v. Bobbit (1960)...

Excerpt: ...erve Acknowledgment Of Satisfaction Of Judgment Judgment Debtors' Archipelago Lighting, Inc., DM Lighting Technologies, Inc., Archipelago Lighting Tec, Inc., and Victor Deng's motion to compel judgment creditor to file and serve on judgment debtors' counsel an acknowledgement of satisfaction of judgment, or, in the alternative, for an order directing the clerk of this court to enter satisfaction of the judgment and for penalties and a...

Excerpt: ...his demurrer. The school district's demurrer to the third cause of action for vicarious liability is OVERRULED. The district could be vicariously liable if the teacher's assault arose from a work‐related conflict or event, such as a dispute with the student during class time, and such facts are adequately pled. (See, e.g., Lisa M. v. Henry Mayo Newhall Memorial Hospital (1995) 12 Cal.4th 291, 300; Carr v. Wm. C. Crowell Co. (1946) 28 Ca...

Excerpt: ... Niesar & Vestal, Llp's Motion Contesting The Claim Of Privilege Assserted By Non‐ Party The Central Valley Fund, L.P. Pursuant To Code Of Civil Procedure, Section 2031.285(D)(1) This discovery dispute regards an attorney‐client‐privileged e‐mail into which a non‐privileged text message was apparently pasted electronically. Non‐party CVF Capital Partners, Inc. (which produced, then clawed back, the entire e‐mail) and defendants ...

Excerpt: ...huldiner's prior motion for the same relief. As Judge Quinn found, use of a pseudonym impairs important public rights to access court records (see, e.g., CRC 2.550(c)) and violates the requirement that a complaint include "names of all the parties" (CCP §422.40). Moreover, Schuldiner's new motion again fails to demonstrate the kind of prejudice that could outweigh public rights and statutory requirements. (See Doe v. Lincoln Unif...

Excerpt: ...n his termination. Those claims are a creature of an employment relationship. There are no allegations in the cross‐complaint that Adams had an employment relationship with Plaintiff Reisner. Because no such relationship is alleged, Adams cannot be a joint tortfeasor and UBC cannot plead a claim for equitable indemnity. "Where multiple tortfeasors are responsible for an indivisible injury suffered by the plaintiff, each tortfeasor is jointl...

Excerpt: ... 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 Superior Court ...

Excerpt: ...8‐569262 With Case No. CGC‐17‐562223 GRANTED and case No. CGC‐17‐562223 shall be the lead case. Because the two actions pending before this court involve common questions of law and fact, they are consolidated for all purposes pursuant to Code Civ. Proc., § 1048. Both actions concern defendant Swanrock's installation of solar panels on the roof of plaintiff Katherine Roberts' building and the damage Ms. Roberts suffered as a re...

Excerpt: ...4; (Simpson Redwood Co. v. State of California (1987) 196 Cal.App.3d 1192, 1199 [citation omitted].) As an insurer for Defendant Yasinia Kennedy, Farmers has a direct interest in this litigation and a sound basis to intervene to defend against default on Ms. Kennedy's behalf under Code of Civil Procedure section 387 and Insurance Code section 11580. "[W]here the insurer may be subject to a direct action under Insurance Code section 11580 ...

Excerpt: ...1094.5(h)(1).) Petitioner has not shown that the administrative law judge committed a prejudicial abuse of discretion in applying the Morrison factors (Morrison v. State Board of Education (1969) 1 Cal.3d 214, 229; 5 Cal. Code Regs. § 80302) or that the ALJ's findings regarding those factors are not supported by the weight of the evidence. (See Broney v. California Comm'n on Teacher Credentialing (2010) 184 Cal.App.4th 462, 476‐479.) B...

Excerpt: ...S Motion For Approval Of Private Attorneys General Act (Cal. Labor Code 2698, Et Seq.) Settlement Agreement And Award Of Attorneys' Fees And Costs, Incentive Payments, And Administrator Costs DENIED without prejudice to a renewed motion following appropriate amendments to the proposed settlement agreement and/or a further showing as to the following issues. First, while the Total Settlement Amount of $1.7 million is undoubtedly substantial, P...

Excerpt: ...ecause it did not show that all defendants are subject to jurisdiction there. (See Stangvik v. Shiley, Inc. (1991) 54 Cal.3d 744; American Cemwood Corp. v. American Home Assurance Co. (2001) 87 Cal.App.4th 431.) Defendants also failed to show that the balance of private and public interest factors makes it "just" that the litigation proceed in the alternative forum. If a hearing is requested, it will be at 9:30 a.m. A court reporter will ...

Excerpt: ...Legislature has met its burden to show the applicability of the exception for "entrance to or use of state property" from the general definition of "tax" in Article XIIIA, section 3(b)(4) of the California Constitution. Therefore, the toll increase imposed by SB 595 is not a tax subject to a two-thirds supermajority vote requirement. The Court takes judicial notice of the documents provided by the Legislature and by Co-Defendant B...

Excerpt: ...ent is no longer tenable in light of plaintiff Jane Doe's application to reopen her chapter 7 bankruptcy case; the decision by the appointed bankruptcy trustee for that case not to pursue Ms. Doe's litigation claims against TPMG; and thereafter the bankruptcy court's order closing the reopened case. At the hearing on March 12, 2019 counsel for TPMG stated that TPMG had three different arguments why its motion should be granted based o...

Excerpt: ...Hancila's motion to quash service of summons is denied and his alternative motion to set aside entry of default per Code of Civil Procedure § 473 (b) is granted. Service of process was in substantial compliance with the statutory requirement for substitute service on an individual defendant under Code of Civil Procedure § 415.20 (b). (Pasadena Medi‐Center Associates v. Superior Court (1973) 9 Cal.3d 773, 778 ["[s]ervice of process sta...

Excerpt: ...ault of Dr. Salais in causing plaintiff Grissom's injuries. Although the pleadings do not allege what specific acts by Dr. Salais constitute a breach of the applicable standard of care, general allegations in a medical malpractice cause of action are sufficient to withstand a general demurrer. (See Landeros v. Flood (1976) 17 Cal.3d 399, 407 ["'In this state negligence may be pleaded in general terms, and that is as true of malpractic...

Excerpt: ...f Civil Procedure § 1286.6 is applicable. "Generally, courts cannot review arbitration awards for errors of fact or law, even when those errors appear on the face of the award or cause substantial injustice to the parties." (Richey v. AutoNation, Inc. (2015) 60 Cal.4th 909, 916.) "More specifically, courts will not review the validity of the arbitrator's reasoning." (Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 11.) The rel...

Excerpt: ... this Court's September 21, 2018 Order Confirming Arbitration Award, which awarded Plaintiff costs, and the accompanying Judgment in his favor. (Code Civ. Proc. § 1032(a)(4) [defining "prevailing party" to include the party with a net monetary recovery]; Caro v. Smith (1997) 59 Cal.App.4th 725, 736 ["'Under [Code of Civil Procedure] section 1287.4, judgment is entered when an award is confirmed; the costs provisions of sectio...

Excerpt: ...cond amended complaint by January 31, 2019, and has not filed any opposition to the motion. The Court is aware of Ms. Welty's "Fifth Declaration," filed with the Court on March 21, 2019. That declaration was presented for filing in the Court's case management department in response to a February 21, 2019 order to show cause, and was not filed in response to this motion. The physician's letter attached to the declaration, dated...

Excerpt: ...isjoinder. (See Code Civ. Proc. § 430.10(d).) TPC St. Helena is the cross-complainant on the first and second causes of action and seeks to recover on its behalf as well as derivatively on behalf of Spring Mountain Hotel LLC. TPC has no right to maintain the cross-complaint because it is not "[a] party against whom a cause of action has been asserted in a complaint." (Code Civ. Proc. § 428.10.) TPC is an interloper. The third cause of a...

Excerpt: ... "any dispute" relating to that agreement "shall be submitted to JAMS in San Francisco, CA, or if that forum is not available, to another equivalent alternative dispute resolution forum." A "forum" is "a court or arbitral tribunal ‐ each with its own set of rules and procedures," and each ADR provider has its own set of rules and procedures. (Alan v. Sup. Ct. (2003) 111 Cal.App.4th 217, 224.) JAMS having disquali...

Excerpt: ... patron assaulted by other patrons? This case is similar to Delgado v. Trax Bar & Grill (2005) 36 Cal.4th 224. However, Delgado is less favorable to defendant, as it involved an assault outside a bar, while the assault here was inside the premises. (Id. at 231; Hallimen Dec. 2‐9.) Delgado holds that a bar "has a duty to respond to events unfolding in" a bouncer's "presence by undertaking reasonable, relatively simple, and minima...

Excerpt: ....) Petitioner had demonstrated that respondent abused its discretion by failing to proceed in accordance with the law. Public Resources Code § 5024.1(f)(3) provides that: Where an objection has been raised, the commission shall adopt written findings to support its determination concerning the nomination. At a minimum, the findings shall identify the historical or cultural significance of the resource, and, if applicable, the overriding signific...

Excerpt: ...with the supporting declaration filed on February 20, 2019. A motion must be served and filed at least 16 court days before the hearing. (Code Civ. Proc. § 1005(b).) For Defendant's guidance, the Court may order that a record be filed under seal only if it expressly finds facts that establish that there exists an overriding interest that overcomes the right of public access to the record, the overriding interest supports sealing the record, ...

Excerpt: ...ion 1033.5. The attorneys' fees provision in the underlying construction contract entitles Webcor to recover "the actual costs and expenses incurred in connection with the prosecution or defense of such action and any appeals in connection therewith, including actual attorneys' fees, expert fees, consultant's fees or costs and compensation for their time spent by in-house costs." " '[W]hile it is reasonable to interpre...

Excerpt: ...on for an order to show cause re contempt against Plaintiff Tour‐Sarkissian Law Offices, LLP is denied. On January 8, 2019, the Court granted Mr. Chan's motion to compel arbitration and stayed this action pending the completion of the arbitration proceedings. The Court has "no jurisdiction to dismiss an arbitration proceeding for failure to prosecute it in a reasonably diligent fashion." (Brock v. Kaiser Foundation Hospitals (1992) ...

Excerpt: ...a Ltd.'s motion to stay entire action is denied. (See GGIS Insurance Services, Inc. v. Superior Court (2008) 168 Cal.App.4th 1493, 1505 [stay of coverage action not warranted where coverage issues can be decided as a matter of law without making factual determinations that would prejudice the insured in the third‐party action]. Arup's alternative motion to stay discovery is granted. (See Riddell, Inc. v. Superior Court (2017) 14 Cal.App...

Excerpt: ...ro Tem Judge Melinda Derish, 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 ...

Excerpt: ... asserted by plaintiffs Christine Glover, Melinda Soriano, Maria Vicedor, and Tiffany Gomez is granted, and the action is stayed pending the completion of arbitration. Hallmark Aviation has met its burden to show by a preponderance of the evidence that plaintiffs electronically signed the New Hire Policy Acknowledgement Form by completing an onboarding process which Plaintiffs accessed through a unique user name and password provided to them thro...

Excerpt: ...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 signe...

Excerpt: ...$17,714.50 in fees and $3,143.96 in costs and expenses. Plaintiffs' counsel unnecessarily and unreasonably expended 16.1 hours in preparing responses to written discovery after the parties had reached substantial agreement on the terms of their settlement, and 11.3 hours traveling to San Francisco and appearing at a January 15, 2019 hearing on an order to show cause that could have been avoided, had Plaintiffs dismissed the action within 45 d...

Excerpt: ...rty can demonstrate that the challenged claims arise out of the moving party's protected petitioning activity; and if so (2) whether the party bringing the claims can demonstrate that those claims have some level of minimal merit such that they have a reasonable probability of success. (CCP §425.16; Navellier v. Sletten (2002) 29 Cal.4th 82, 88.) Plaintiff's motion fails to satisfy the first step of the analysis. Plaintiff has failed to ...

Excerpt: ...erest in judicial economy favor granting the motion. The proposed amended complaint would add a single cause of action comprising three new charging allegations that substantially overlap with Plaintiff's existing allegations and causes of actions. Defendants' claim that the new cause of action is barred by the statute of limitations may be raised by demurrer. Defendants have failed to show they would be substantially prejudiced by allowi...