Excerpt: ...ntil the completion of arbitration is granted. This case is stayed pending completion of arbitration proceedings on all claims alleged by plaintiffs Theodore Wilson and Tradingpost Modern LLC. The 2014 Operating Agreement includes an arbitration clause with a broad scope that also contains clear and unmistakable language evidencing the parties' intent to delegate issues of arbitrability to the arbitrator. This delegation language is not uncon...

Excerpt: ...nue. Cross‐defendant City of South San Francisco's motion to change venue to San Mateo County is denied and its alternate motion to sever the Shek cross‐complaint and transfer that cross‐complaint to San Mateo County is also denied. Per still valid and binding case law, a cross‐ complaint for indemnity and contribution is not an action for "injury" based on "negligence" within the meaning of CCP 394. (Tutor‐Saliba‐...

Excerpt: ...than August 31, 2018. Ms. Griffin has shown sufficient grounds to set aside the default based on both the discretionary and mandatory relief provisions of CCP 473(b). Plaintiff Gilbert Papazian is estopped to assert that the portion of Ms. Griffin's motion seeking to set aside the default based on the discretionary relief provisions of CCP 473(b) is untimely due to his counsel's filing of a notice of unavailability for the period July 3, ...

Excerpt: ...CAPITAL PARTNERS, L.P., HOSPITALITY INVESTMENT GROUP, INC.'s MOTION FOR SUMMARY JUDGMENT Or In The Alternative, Summary Adjudication. Defendants Kimpton Group Holding, LLC, Kimpton Hotel & Restaurant Group, LLC, KHP Capital Partners, L.P. and Hospitality Investment Group, Inc. (calling themselves the "Kimpton entities") move for summary judgment or, in the alternative, summary adjudication. The case involves plaintiff's fall down ...

Excerpt: ...judgment is denied and its alternate motion for summary adjudication is granted as to the fifth cause for violation of Labor Code 2802(a) and is denied as to the four other causes of action alleged in the complaint filed by plaintiff Jessica Taylor. Using a multi- faceted approach, the court concludes that the California Labor Code provisions that Ms. Tayor alleges were violated by MariaDB are applicable to this case even though the alleged viola...

Excerpt: ...ndant American Arbitration Association's demurrer to the fourth and fifth causes of action in the first amended complaint is sustained without leave to amend as to both causes of action. AAA's request for judicial notice of the Escrow Agreement, the Partial Final Award, and Procedural Order No. 11 is granted as to all three documents. Based on those documents, the fourth and fifth causes of action fail as a matter of law since those docum...

Excerpt: ... Guadalupe Hernandez Gomez is sustained without leave to amend as to the ninth cause of action and overruled as to all other causes of action. Liberally construed, the fourth through eighth and tenth causes of action all contain sufficient allegations of ultimate facts supporting Ms. Gomez's claims for violations of FEHA and CFRA, discrimination, failure to accommodate, retaliation and wrongful termination. The fourth, sixth and seventh cause...

Excerpt: ...to determine whether, in light of the asserted extrinsic evidence, the guaranty agreement is reasonably susceptible to Ms. Shahrestani's proffered interpretations of that agreement. It is. Liberally construing the allegations in the complaint and considering all of those allegations and the documents attached to the complaint, the guaranty agreement is reasonably susceptible to both of the following interpretations: 1) the guaranty agreement ...

Excerpt: ...e 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 Sup...

Excerpt: ...sponse To Request For Production Of Documents Set Three To Martin Mcnerney Development Inc Dba Martin Building Company. Pro Tem Judge Robert Kane, 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....

Excerpt: ...n's application for determination of the good faith of his settlement with plaintiff Vincenzo Corbelli is denied. Mr. McMahan appears to acknowlege that his settlement is not within the reasonable range of his proportionate share of liability for Mr. Corbelli's claimed harm and thus seeks a good faith imprimatur of the settlement solely based on the settlement for the limits of his insurance policy and his personal financial condition. Ho...

Excerpt: ...omplaint Within Three Years, Pursuant To Code Of Civil Procedure Sections 583.210 ‐ 583.250. Defendant Susan Bailey's motion to dismiss this action due to plaintiff's failure to serve the complaint within three years is granted. Mr. Rea has not shown that his failure to serve Dr. Bailey within three years of filing this case was impossible, impracticable or futile due to causes beyond his control. While the court is very sympathetic to ...

Excerpt: ...e tentative hearing issued prior to the August 7 hearing: Defendants Latin Grammar School, Inc. and Latin College Preparatory Charter School, Inc.'s motion for attorneys' fees is denied. Defendants' successful motion to quash was not a determination on the merits of the case, but solely a ruling on whether they are subject to being sued in California on the claims of plaintiff Charter Asset Management Fund, L.P. The findings made on t...

Excerpt: ...hether the possibly provable facts known to MCIC and Truck by the time they received the arbitration award created a possibility of coverage, thereby triggering a duty to defend Mr. Somerville. Farmers Insurance and Farmers Insurance Group's request for summary judgment in their favor is granted. Mr. Giles' declaration which showed that "Farmers Insurance" and "Farmers Insurance Group" are merely trademark names and they a...

Excerpt: ...ction for construction defects against Mr. Zhen and sustained with thirty days leave to amend as to the first, second and fourth causes of action for breach of contract, unlicensed contractor and slander of title against both Mr. Zhen and Sam Wing and the third cause of action against Sam Wing. Liberally construed, Mr. Kung's third cause of action for construction defects alleges a viable negligence claim against Mr. Zhen. Mr. Kung is given o...

Excerpt: ...ociation's motion for summary judgment is denied. The HOA withdrew its motion in the reply memorandum. Mr. Courtney, Mr. Rattonetti, and Mr. Phanichphant are not entitled to summary judgment in their favor based on their Civil Code 580 affirmative defense. Section 580 does not preclude liability against the individual moving parties based on evidence that, when they were officers of the HOA, they failed to conduct an inspection of the balcony...

Excerpt: ...of its breach of contract and common counts claims. Both claims are premised on the existence and enforceability of the April 30, 2012 Attorney‐Client Fee Agreement. However, some of the fees L&S seeks on this motion were for services purportedly rendered before the date of that agreement and there is no evidence submitted by L&S that the agreement applies to those fees. Moreover, the agreement provides for a deed of trust in favor of L&S to be...

Excerpt: ...udication of plaintiff John Cox, Jr.'s request for Civil Code 3345 treble penalties is granted. Mr. Cox's supplemental interrogatory responses dated April 2, 2018 show that Mr. Cox does not now have and is unable to obtain any evidence that: 1) at the time Mr. Cox made his request to buyback his 2011 Jeep Grand Cherokee, either defendant knew or should have known his age and 2) defendants' alleged wrongful refusal to buyback the Jeep ...

Excerpt: ...ports with California's liberal policy of allowing amendments to pleadings at any stage in a case. and none of the defendants have identified any legal prejudice to them if the motion is granted. Even if Mr. Mertz‐Prickett was not as diligent in seeking to amend as he might have been, no defendant has identified any legal prejudice to him or it if the motion is granted. Because the amended complaint seeks to add two paragraphs to an existin...

Excerpt: ...nd International Lyme and Associated Diseases Society's anti‐SLAPP motion to strike the second and third causes of action for declaratory relief and defamation in plaintiff Raphael Stricker's complaint is denied. Assuming without deciding that defendants satisfied their first prong burden that the declaratory relief and defamation claims arise from activity protected by the anti‐SLAPP statute, Dr. Stricker has shown that there is mini...

Excerpt: ...ble dispute whether the conduct of the bus operator, for which the City is vicariously liable, fell below the heightened standard of care applicable to common carriers per CCP 2100. A reasonable juror could find that the driver failed to "to do all that human care, vigilance, and foresight reasonably can do under the circumstances" (Lopez v. Southern Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780, 785) based on evidence that Mr. Celeste di...

Excerpt: ...ause it was contrary to California law. "Lack of personal jurisdiction over defendant is not ground for demurrer. It must be raised, if at all, by motion to quash service of summons [CCP ?418.10?] If defendant instead demurs, the demurrer constitutes a general appearance, waiving any defect in personal jurisdiction [CCP ?1014]". (Weil & Brown, California Practice Guide: Civil Procedure Before Trial (TRG 2016) p. 7(I)‐36 (emphasis in ori...

Excerpt: ... to hire an expert to investigate for construction defects upon the occurrence of minor maintenance problems. (Creekridge Townhome Owners Assn., Inc. v. C. Scott Whitten, Inc. (2009) 177 Cal.App.4th 251, 256-59; Geertz v. Ausonio (1992) 4 Cal.App.4th 1363, 1371.) Plaintiff has sufficiently pled the time and manner of the discovery of the alleged latent defects (FAC 15, 17-20) and the reason for the late discovery has also been alleged (id. at 13-...

Excerpt: ...County of San Francisco is denied. Viewed against the backdrop of her having previously filed two Government Code claims with the CCSF Controller, including one she personally filed shortly before the date of the incident that is the subject of this petition, Ms. Hall's conclusory declaration raises more questions than it answers and falls short of the required showings of (1) mistake, inadvertence, surprise or excusable neglect and (2) reaso...

Excerpt: ... contract; b) sustained with twenty days leave to amend as to the fourth, fifth, and sixth causes of action for breach of fiduciary duty, intentional tort, and fraud; and c) sustained without leave to amend as to the seventh cause of action for reckless misconduct. Mr. Archer adequately alleges a conversion claim based on his right to own and possess the 350 Bitcoin Gold coins and Coinbase's interference with that right. Mr. Archer adequately...

Excerpt: ...eld Co. (2001) 25 Cal.4th 826. However, the declaration of Charles Ay creates a triable issue whether plaintiff Mike Vandevoir was exposed to asbestos‐containing products or materials (pipe insulation) attributable to defendant. Defendant's objections are sustained as to Exhibit C of Jason Rose's declaration, but overruled as to the declarations of Mike Vandevoir (8) and Charles Ay (48). If a hearing is requested, it will be at 9:30 a.m...

Excerpt: ... Of Points And Authorities And Declarations Of Plaintiff Sohni Ahluwalia And John A. Holman. Hearing required. Ms. Ahluwalia's refusal to submit to a further session of her deposition after being ordered to do so and giving varying excuses why she would or could not be deposed, not any actions or inactions of defendants or their counsel, is what resulted in the imposition of terminating sanctions and the failure to have those sanctions vacate...

Excerpt: ...;s demurrer to the first through third and sixth through eleventh causes of action in the first amended complaint filed by plaintiffs J Garcia Carrion, SA and CIV USA, Inc. is sustained without leave to amend as to all causes of action. The doctrine of claim preclusion bars all of plaintiffs' claims premised on their alleged ownership of FWM stock because the ownership of the stock was an issue "within the scope of the [arbitral] action, ...

Excerpt: ...lection Service, Inc.'s motion to file a first amended complaint is granted. Plaintiff has leave to file its proposed first amended complaint no later than August 6, 2018. Neither of the arguments made by defendant Four Seasons Apparel, Inc. to oppose this motion are bases to deny the motion. While it may be true that plaintiff bases its section 11760.1 claim on discovery it has propounded in this case, nothing in section 11760.1 necessarily ...

Excerpt: ...close friend of his, but neither that friendship nor any other matter causes him to be other than fair and impartial in deciding this case. Defendant The Regents of the University of California's motion for summary judgment on the sole remaining cause of action for retaliation in violation of the California Family Rights Act is denied. The Regents satisfied its summary judgment burden by showing that it had a legitimate reason for terminating...

Excerpt: ...ent minimum contacts to warrant the imposition of specific jurisdiction over them in California. The declaration of Mr. Teed shows that Dr. Patterson came to California in 2014, generally described her practice, and explained that she could improve Mr. Teed's look. Over the next two years, Mr. Teed and his then girlfriend communicated with Dr. Patterson. The precise content of those communications is unknown. In late 2016, Mr. Teed and his th...

Excerpt: ... Los Angeles Superior Court or further order of this court, this case is stayed based on the doctrine of exclusive concurrent jurisdiction. The coordinated Los Angeles putative class actions, which were filed before this action, raise the same claims as this putative class action. A stay is necessary to prevent duplicative work and possible inconsistent rulings. Gregg v. Sup. Crt. (1987) 194 Cal.App.3d 134 and Farmland Irrigation Co. v. Dopplmaie...

Excerpt: ...ecurity is denied. None of the authorities cited by Mr. Yan show that the motion filed by defendants Bryant Fu and Crystal Lei to require Mr. Yan to post security was incorrectly decided. Mr. Yan has not cited any California authority, nor is the court aware of any such authority, that the conduct allegedly committed by Mr. Fu and Ms. Lei is actionable in a civil case. Significantly, the complaint does not allege that either Mr. Fu or Ms. Lei kne...

Excerpt: ... sustained without leave to amend as to the first cause of action for negligent hiring and sustained with twenty days leave to amend as to the second, third, and fourth causes of action for assault, battery, intentional infliction of emotional distress. "Where the complaint affirmatively alleges facts indicating coverage by the workers' compensation laws, if it fails to state additional facts negating application of the exclusive remedy p...

Excerpt: ...ication is denied in its entirety. Mr. Leathern fails to show that he is entitled to judgment as a matter of law in his favor as to any of the four causes of action alleged against him on any of the many grounds that he has asserted in his moving papers. Mr. Leathern fails to show that the parties had an oral agreement and the two‐year statute of limitations applies. The October 16, 2013 e‐ mail sets forth Mr. Leathern's obligations and p...

Excerpt: ... 15, 2018 to allow plaintiffs to take jurisdictional discovery. KLM correctly cites Felix v. Bomoro Kommanditgesellschaft (1987) 196 Cal.App.3d 106, 114 for the proposition that the mere foreseeability that a product may wind up in a forum due to the stream of commerce is not enough for jurisdiction. (See also Dow Chemical Canada ULC v. Sup.Ct. (Fandino) (2011) 202 Cal.App.4th 170, 179.) Plaintiffs presently do not show that KLM‐as opposed to K...

Excerpt: ...r a stay is treated as the functional equivalent of a motion to compel arbitration. All thirteen claims alleged in the complaint filed by plaintiffs Justice Investors, LP and Portsmouth Square, Inc. are encompassed by the broad scope of the arbitration clause because they are rooted in the business relationship between the parties and concern the management of the Hotel. (EFund Capital Partners v. Pless (2007) 150 Cal.App.4th 1311, 1322 ("arb...

Excerpt: ...tire complaint was filed in violation of CCP 128.7. Ms. Luna has adequately alleged ultimate facts showing malice and oppression as those terms are defined for the imposition of punitive of damages. 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 ...

Excerpt: ...ion is not alleged against Mr. Devesa, so there is no basis for him to demurrer to that cause of action. The second through fifth causes of action seek to hold Mr. Devesa liable based on Mr. Devesa's own conduct and not on the basis of the alter ego doctrine, so Mr. Devesa's arguments on the grounds of the alter ego doctrine are immaterial. To the extent that the demurrer is based on lack of personal jurisdiction over Mr. Devesa, he waive...

Excerpt: ...th, and eighth causes of action for age discrimination, failure to prevent discrimination, and violation of the UCL and granted as to the fourth and seventh causes of action for retaliation. Ms. Gisi satisfied her light burden of stating a prima facie case of age discrimination by showing that there are circumstances suggesting a discriminatory motive such as Mr. Roberts' remarks about what kind of people he needed and Ms. Gisi's accounts...

Excerpt: ...scretion per CCP 425.16(f) to hear this motion even though Ms. Gatti filed the motion more than 60 days after service of the original cross-complaint, which alleged a malicious prosecution claim. Ms. Gatti acted diligently in light of the parties' meet and confer discussions. The facts of this case bear no resemblance to Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism (2018) 4 Cal.5th 637. Addressing the motion will further th...

Excerpt: ...ry damages is based on the premise that her damages can be based on any day she chooses for the valuation of the LTC that was allegedly wrongfully taken from her. That is not the law. Ms. Cook's compensatory damages must be based on the value of the LTC on the day she lost them. Using that valuation date, it is a legal certainty that Ms. Cook's compensatory damages will not exceed $25,000. Ms. Cook has not shown that she has any prospect ...

Excerpt: ...are given leave to file a first amended complaint alleging that they submitted a timely government claim to the State and, if they are able to do so, they are also given leave to allege ultimate facts showing that the negligence of one or more employees of the State was a substantial factor in causing harm to them. Plaintiffs are required to but did not allege that they submitted a timely government claim to the State. Plaintiffs' negligence ...

Excerpt: ...s motion for mandatory dismissal, Mr. Malvar waived his right to seek dismissal on the ground that service of the summons and complaint on him as stated in the proof of service timely filed by plaintiff Golden State Broadcasting LLC was invalid. No case has been cited by the parties or found by the court that squarely addresses the precise question raised here: whether a defendant loses the ability to file a successful motion to dismiss per CCP 5...

Excerpt: ..., 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 to si...

Excerpt: ...burden and, even if he did, there is a triable dispute whether he is liable as an employer of Mr. Alfaro and/or plaintiff Imer Palencia. "When an employee of a contractor is injured, and the contractor is unlicensed and uninsured at the time of injury, the injured employee's recourse may be against not only the contractor, but also against the landowner who hired the contractor, as an additional employer." (Vebr v. Culp (2015) 241 Cal...

Excerpt: ...es of action. Plaintiffs are given leave to amend to plead more ultimate facts to support their claims for breach of contract and bad faith. (Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 189, 198-199; Croskey, Cal. Practice Guide: Insurance Litigation (The Rutter Group 2017) par. 15:56.) The complaint does not adequately plead a breach of contract claim. The complaint does not describe the policy period or wh...

Excerpt: ...burden and, even if he did, there is a triable dispute whether he is liable as an employer of Mr. Alfaro and/or plaintiff Imer Palencia. "When an employee of a contractor is injured, and the contractor is unlicensed and uninsured at the time of injury, the injured employee's recourse may be against not only the contractor, but also against the landowner who hired the contractor, as an additional employer." (Vebr v. Culp (2015) 241 Cal...

Excerpt: ...n For Summary Judgment. (Part 2 Of 3 Of Tentative Ruling.) Nor do any of the City's 31 facts establish that colliding with a light post surrounded by a fence approximately 40 feet from a foul line is encompassed within the risks inherent in playing baseball. While it may be true that colliding with a perimeter fence (i.e. a fence separating foul territory from out of play territory and fair territory from home run territory) is an inherent ri...

Excerpt: ... 1:30pm at the earliest possible date other than July 26, 2018 and notify the court of the agreed hearing date by email to [email protected]. While defendant Jones Day has not explicitly requested that the courtroom be closed for the hearing on the motions to seal, the logic of the positions it takes in its papers strongly suggests that Jones Day believes the courtroom should be closed for the hearing. The logic of the positions taken by ...

Excerpt: ...Plaintiff Netfortris Acquisition Co., Inc. And Its Attorneys Of Record Duyen Nguyen And Dtn Law Group In The Amount Of $4,716.25. The hearing will be on August 8, 2018. Mr. Bhakta has contested the tentative ruling which was orally told to counsel on July 20, 2018. The tentative ruling is: Defendant Kamal Bhakta's motion for sanctions is denied. While the decision to take the default and default judgment of Mr. Bhakta was ill‐advised, it wa...

Excerpt: ...provisions of the rules governing service of process are to be liberally construed." (Mannesmann DeMag, Ltd. v. Sup. Crt. (1985) 172 Cal.App.3d 1118, 1123.) Plaintiff Tibor Szabo fails to show that he served Ms. Laughlin in a manner in substantial compliance with the requirements of the Code of Civil Procedure. The proof of service filed on May 29, 2018 does not clearly explain the mode of service and there is insufficient evidence showing pe...

Excerpt: ...atim the tentative ruling herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order. This is the Court�s tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the court�s law and motion secretary at (530) 582-7835 by 4:00 p.m. the court day before the hearing. If you do not so notify the parties and court, the tentative ruling shall bec...

Excerpt: ...vices Inc.'s demurrer to all seven causes of action in the first amended complaint filed by plaintiff James West is: a) sustained without leave to amend as to the first cause of action for breach of contract against Samtrans and TASI and the third cause of action for dangerous condition of public property against all three defendants; b) sustained with twenty days leave to amend as to the first cause of action for breach of contract against C...

Excerpt: ...ory And Prohibitory Writ Of Mandate To Compel Ministerial Duty Of The Clerk Of The Superior Court For Entry Of Default Against Real Pearty In Interest Barrett Daffin Frappier Treder & Weiss, Llp. Boreen's petition for writ of mandate is DENIED. The clerk did not have a ministerial duty to enter the default under the circumstances of this case. The filing of the Declaration of Non‐Monetary Status ("DNMS") on May 2, 2018 and Boreen...

Excerpt: ...ty and Avatar shall pay all required transfer fees. In determining whether the ends of justice will be promoted in transferring an action, "[t]he trial court may rely not only on the direct facts set forth in the affidavits, but also on any reasonable and relevant inference arising therefrom." (J.C. Millett Co. v. Latchford‐Marble Glass Co. (1959) 167 Cal.App.2d 218, 227.) Here, the undisputed Roberts declaration demonstrates that the a...

Excerpt: ...er will hear this matter at 9:00 a.m. Judge Ulmer issues the following tentative ruling: Plaintiff's motion is DENIED. Rather than seek production of the few documents still at issue, plaintiff seeks issue sanctions that are effectively case‐dispositive or sweeping evidentiary sanctions. Both proposed sets of sanctions are extreme, draconian and unwarranted. No monetary sanctions are awarded. Any party who contests a tentative ruling must s...

Excerpt: ... Plaintiffs sufficiently allege claims for negligent and intentional misrepresentation. Paragraph 18 alleges that Dr. Weinert was the ostensible agent of the Hospital. Paragraphs 74, 106, and 112 allege that Dr. Weinert represented that he knew the CPMC doctors and they were excellent even though this statement was false. These allegations are sufficiently particular to support the misrepresentation claims. (Mejia v. Community Hospital of San Ber...

Excerpt: ...in the alternative, for summary adjudication is denied in its entirety. Plaintiff Richard Fiero has submitted sufficient evidence to satisfy his minimal burden for a prima facie case for discrimination on the ground of mental disability. The District's evidence of the 2016 incident and the ensuing investigation shifted the burden to Mr. Fiero to produce substantial evidence creating a triable issue that the District's proffered legitimate...

Excerpt: ...ised by Mr. Brown's motion are the appropriate rate for postjudgment interest and whether there is delayed accrual of postjudgment interest. The Court of Appeal addressed both issues and this court is not at liberty to reach a different decision. Even if this court had the authority to reach a different decision than the Court of Appeal, this court declines to do so out of respect for the considered decision of the Court of Appeal. The Court ...

Excerpt: ...ey's fees and costs is continued to August 7, 2018 to give Mr. Karavidas an opportunity to provide its fee agreement and billing records which state the amounts that were billed to Mr. Karavidas, including the actual hourly rates for all persons who performed legal services which Mr. Karavidas is seeking fees on this motion. No later than July 24, 2018 Mr. Karavidas must file one or more supplemental declarations providing: 1) his fee agreeme...

Excerpt: ...f $1,540 from the prior case to settle this malpractice action. The settlement is in good faith based on the factors enumerated in Tech‐Bilt, Inc. v. Woodward‐Clyde & Assoc., (1985) 38 Cal.3d 488. The record demonstrates that Mr. Perdue has a very strong statute of limitations defense per CCP 340.6. The settlement is in good faith because it is highly unlikely that Mr. Perdue will be liable for any of plaintiff Mickey Wong's alleged damag...

Excerpt: ...motion for determination of good faith of its settlement with plaintiff Liberty Mutual Fire Insurance Company is granted. The settlement is in good faith based on the factors enumerated in Tech‐ Bilt, Inc. v. Woodward‐Clyde & Assoc., (1985) 38 Cal.3d 488. Because there is no admissible evidence supporting the imposition of liability against Able, the settlement amount is not grossly disproportionate to a reasonable assessment of Able's li...

Excerpt: ...ave been filed and is an unfortunate example of why civil litigation has become so expensive and fractious. Any concern or uncertainty by defendants' counsel whether plaintiffs intended to proceed with a second amended complaint ‐ that had been timely served but, through excusable mistake, not timely filed ‐ could and should have been resolved by a simple inquiry to plaintiffs' counsel. The aspersions cast on plaintiffs and their coun...

Excerpt: ...ed without prejudice to being refiled based on a better evidentiary record. Mr. Quirke again fails to present substantial evidence showing a rough approximation of plaintiff's recovery and Mr. Quirke's proportionate liability at the time of the settlement in September of 2016. The addition of the declarations of Mr. Price and Mr. Stokes do not cure the evidentiary gap that existed in the prior good faith motion. At most, they show that Mr...

Excerpt: ...r Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826. However, plaintiffs created a triable issue of fact as to whether Wismer employees exposed decedent to asbestos dust based on Hanson's testimony that he worked with decedent at Aerojet and that Wismer employees removed insulation and swept up the mess in close proximity to his crew. (Plaintiff's Ex. B (Hanson's July 5, 2018 Deposition) at 26‐29, 33‐37, 39, 43‐44, 58‐59...

Excerpt: ...dge Stephanie Krmpotic, 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 m...

Excerpt: ...misrepresentation alleged against her in the complaint filed by plaintiff Don Tucker is denied. Per California law, an insured has a claim against an adjuster who is employed by an insurer based on a misrepresentation made by the adjuster. Ms. Frazier's asserted statement that "there is no coverage for this loss, as the work was taking place at a residence in San Francisco and there is a full residential exclusion on that policy" is a...

Excerpt: ...en's motion for stay of proceedings is granted in part. Effective immediately all proceedings in this case, including all discovery, are stayed until the conclusion of the underlying case with the sole exception that defendant Sentinel Insurance Company may file and have heard a summary motion limited to the issue of whether it owes a duty to defend. Plaintiffs may oppose the motion on any grounds they see fit, including that resolution of th...

Excerpt: ...vember 6, 2013 are set aside. Mr. Mar has shown good cause for setting aside the default and default judgment based on extrinsic fraud as a result of the filing of a proof of service of the summons and complaint on him based on invalid substituted service. Mr. Mar has shown that he did not reside at or have a place of business at the address where he was purportedly substitute served on the date of the purported service and he had no knowledge of...

Excerpt: ...eges that Mr. Mohanna is "currently in possession of and occupying the property." The court accepts that allegation as true and Mr. Mohanna does not cite portions of the complaint nor judicially noticeable facts that indisputably show that paragraph 3 is false. (Aubry v. Tri‐City Hosp. Dist. (1992) 2 Cal.4th 962, 966‐967 ("The reviewing court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all...

Excerpt: ...er to the first, second and third causes of action in the complaint filed by plaintiffs Andrea Mangan and Carole Morton is overruled as to all three causes of action. The dissolution claims are adequately alleged. Per Corporations Code 1800(a) and (b)(4), Mr. Desaulniers' shares are excluded when determining whether Ms. Mangan and Ms. Morton have a sufficient interest for standing because they accuse him of persistent unfairness and fraud. On...

Excerpt: ...torney's fees allegations. The battery claim is a sufficient predicate to support Mr. Kavanaugh's request for punitive damages. Mr. Kavanaugh's amended complaint does not identify any statutory, contractual, or legal basis for the recovery of attorney's fees. Moreover, since Mr. Kavanaugh is self-represented, he cannot recover fees. (Gutierrez v. G&M Oil Company, Inc. (2010) 184 Cal.App.4th 551, 561.) Any party who contests a tent...

Excerpt: ... alternative motion for summary adjudication are denied in their entirety. There is a triable dispute whether plaintiff Arkady Berger sustained any contract or tort based on (1) the statement in Mr. Berger's declaration that he was not fully credited for sanction awards resulting in his being "under‐credited" by approximately $4,500; and (2) defendants did not distribute to Mr. Berger the portion of the interest on the attorney'...

Excerpt: ...etary Sanctions Pursuant To Cal. Code Civ. Proc. 2025.450 And 2025.480 ro Tem Judge David McDonald, 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 stipulat...

Excerpt: ...trike is GRANTED WITHOUT LEAVE TO AMEND. Emotional distress damages are not available for a malpractice cause of action. (Smith v. Sup. Ct. (1992) 10 Cal.App.4th 1033, 1038‐39; Merenda v. Sup. Ct. (1992) 3 Cal.App.4th 1, 9‐11.) Page 33, lines 8‐9 (breach of fiduciary duty): GRANTED WITH LEAVE TO AMEND. Plaintiff pleads that he "suffered?emotional distress, including punitive damages." However, the FAC nowhere pleads that plaintiff s...

Excerpt: ...hem, are enjoined from 1) withdrawing, transferring or using any funds in Wells Fargo Bank Account Nos. 6403387514 and 4155001278 for any purpose other than for the sole benefit of GICC per a request made by a board member of GICC; and 2) taking any action to sublease, license or occupy any space currently occupied by the GICC under the terms of the GICC license granted by the California Department of Social Services. Plaintiffs have shown that t...

Excerpt: ...of California to revoke Dr. Abedi's physician and surgeon's certificate. The record demonstrates that Dr. Abedi violated his probation on August 14, 2017 when he missed a biological fluid testing appointment. Dr. Abedi's claim that he was too sick to attend the appointment or contact his monitor lacks credence because he informed his work the same day that he could not appear. (RT I, 19:5‐15; RT II, 42:13‐17.) Dr. Abedi also viola...

Excerpt: ...tion to set aside the judgment and order granting defendant City and County of San Francisco's motion for summary judgment is granted. Ms. Hogan has shown that she is entitled to discretionary relief per CCP 437(b) because her mistaken belief that the November 2, 2017 order continuing the trial date also continued the date of her opposition to the City's motion for summary judgment was made in good faith and was reasonable in light of the...

Excerpt: ...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 a party appears by ...

Excerpt: ...roduction Of Documents Set Two, Verification Privilege Log, Supplemental Response, And Monetary Sanctions. (For Tentative Ruling Purposes Only, Part 2 Of 2) Fairmont is therefore hereby ordered to provide Further Supplemental Responses to RPD Nos. 1-18 within seven days from the date of this Order, said further supplemental responses to be verified. The Further Supplemental Responses shall include no objections, the objections having been overrul...

Excerpt: ... for summary adjudication on all causes of action in the first amended complaint filed by plaintiff Annette Elliott is granted as to all five causes of action and Ms. Elliott is granted leave to amend to file a second amended complaint only alleging a single cause of action for negligence based solely on the alleged negligent hiring, training and supervision of the Regents' employees subject to the conditions stated in the order on Ms. Elliot...

Excerpt: ...tion to continue the hearing on the motion is also denied. The declaration of Dr. Gavi shows that there is a triable dispute whether the conduct of the PAFMG's physicians fell below the standard of care in failing to conduct a neurological examination and order a cervical MRI before May 2015. PAFMG has not satisfied its summary motion burden to proffer admissible expert evidence on the issue of causation. (Sanchez v. Kern Emergency Medical Tr...

Excerpt: ...ons: a) Ms. Jefferson may file a second amended complaint no later than July 23, 2018 only alleging a single cause of action for negligence based solely on the alleged negligent hiring, training and supervision of the Regents' employees; b) at the same time Ms. Jefferson files her second amended complaint she must serve verified responses without objections to deem-served discovery to state all facts that support her sole remaining claim, ide...

Excerpt: ...tlement with plaintiff Lynne Crawford is granted and the valuation of the assignment of Mr. Lis' cross‐claims is reserved till trial. Two subcontractors filed "conditional oppositions" which did not oppose the granting of this motion provided that the valuation of the assignment of Mr. Lis' cross‐ claims against them is not determined now and is reserved till trial. Deferring valuation of all of Mr. Lis' cross‐claims til...

Excerpt: ...dent Medical Board provided a hearing to Dr. Vederman to enable him to contest the Board's position that he violated the terms of his probation by failing to engage in "activities defined in sections 2051 and 2052 of the Business and Professions Code." Dr. Vederman fails to show that the Board's findings that he did not participate in activities encompassed with sections 2051 and 2052 were contrary to the weight of the evidence. T...

Excerpt: ...ablishes that a section 397(c) motion must be filed within a reasonable time after the case is at issue. At this stage of the consolidated cases, when more than twenty months have elapsed since defendants filed an answer to the complaint in the first filed action and less than six weeks to trial, it would be extremely unfair and prejudicial to plaintiffs for these cases to be transferred to another county. Therefore, defendants' failure to fi...

Excerpt: ...f Desoto Cab Company, Inc.'s motion to vacate entry of judgment based on award or arbitrator is granted. The judgment filed May 24, 2018 is now set aside and the case is restored to the civil active list as if Desoto had timely filed a request for a de novo trial. Desoto has shown that it is entitled to the relief it seeks per the mandatory and discretionary provisions of CCP 473(b). Granting the motion comports with California's strong p...

Excerpt: ...stay is granted based on defendants' assent that, if this case is litigated in Florida, California law, not Florida law, will govern the claims of plaintiff Aryan Davani claims and defendants' defenses, including California law regarding statute of limitations and exceptions thereto. This case is stayed pending the completion of proceedings in Florida regarding plaintiffs' claims or a motion to lift the stay based on the Florida court...

Excerpt: ...wis and Nancy Kirkpatrick's motion for summary judgment, or in the alternative, summary adjudication is denied as to the first and second causes of action for wrongful death and medical negligence in the second amended complaint alleged against Dr. Campbell and off calendar as to all other parts of the motion in light of the requests for dismissal filed by plaintiffs Ghedir and Jesse Moreno. The declaration of Dr. Friedlich shows that there a...

Excerpt: ...f 3 for purposes of entry of tentative ruling only.) Plaintiff Thrivent Financial for Lutherans' motion for summary judgment is granted. Thrivent is entitled to a declaration that defendants Betty Yee (in her official capacity as California State Controller) and the Office of the State Controller adopted two regulations - the "External Database Regulation" and the "Dormancy Trigger Regulation" - without compliance with the pro...

Excerpt: ...njunction with the judicially noticeable documents, discloses on its face that it is barred by the three year statute of limitations for fraud claims. Ms. Delaney failed to plead facts showing that the discovery rule prevents her claim from being time‐barred, nor is it reasonably possible that she could do so. The second amended complaint together with the documents which the court judicially notice in CGC‐05‐440065 and BASF Case No. 04‐0...

Excerpt: ...' application for the pro hac vice admission of Erin Linder is granted. No opposition filed and good cause shown. 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. If the tentative ruling is ...

Excerpt: ... wrongful death action. Plaintiffs may bring a separate motion to substitute Nadine Amaral and Jodie D. Collins, Jr. as successors‐in‐interest for deceased plaintiff Jodie D. Collins, Sr. If a hearing is requested, it will be at 9:30a.m. A court reporter will not be provided by the court. If any party wishes to have the matter reported, the parties must meet and confer to agree on only one court reporter for any reported matter in this case. ...

Excerpt: ... to amend as to the seventh and eight causes of action alleged against Mr. Chalal and overruled as to all other causes of action. The first amended complaint adequately alleges a claim for religious discrimination against Gravity 4.The allegations that Mr. Chahal used the derogatory epithets "terrorist" and "ISIS" support a reasonable inference that they were based on Mr. Al‐Ansari's perceived Islamic religion and the allega...

Excerpt: ...CTION, INC.'S MOTION FOR SUMMARY JUDGMENT Or In The Alternative Summary Adjudication As To 1 Operative Complaint Of Plaintiff Fidelity And Deposit Co Of Maryland As Subrogee To Wells Fargo & Co And 2 Operative Complaint In Intervention Of Intervener Amco Insurance Company. Defendant H.K. Fire Protection, Inc.'s motion for summary judgment and its alternative motion for summary adjudication as to the complaint filed by plaintiff Fidelity a...

Excerpt: ...r. Song has not appeared in this case. Neither the payment of a first appearance fee on behalf of Mr. Song nor the statement in papers filed by Catherine Song that the Wood Robbins firm and Mr. Robbins are attorneys for Mr. Song constitutes an appearance by Mr. Song. The court does not need to and does not address the issue of concern to plaintiff Aaron Drenberg whether service of papers on the Wood Robbins firm was valid service on Mr. Song. Tha...

Excerpt: ...tories, Requests For Production Of Documents.(part 2 of 2)(For Tentative Ruling Only) In contradiction to its claim of no interviews or statements, plaintiff has acknowledged in its responses that communications occurred between plaintiff and its insured during the investigation and adjustment of the claim giving rise to this action. Plaintiff has not asserted the existence of an attorney‐client relationship with its insured. Moreover, on plain...

Excerpt: ...ranted in part. No later than July 10, 2018 defendant Sephora USA, Inc. must provide a declaration under penalty of perjury from its custodian of records or other employee stating what efforts were made to locate all P4Ds for Ms. Fernandez and Ms. Melinkoff and the results of those efforts. If any P4Ds were located for Ms. Fernandez and Ms. Melinkoff, they need to be produced to Ms. Fernandez at the same time the declaration is provided to Ms. Fe...

Excerpt: ...re not arbitrable. Mr. Maasrani is now only pursuing a PAGA representative action for civil penalties. (Esparza v. KS Industries, L.P. (2017) 13 Cal.App.5th 1228, 1241‐1242.) 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...