Excerpt: ... days leave to amend. Regional Protection clarified that it is only seeking punitive damages against US Security on the third cause of action for interference with contractual relations. The third cause of action fails to allege sufficient ultimate facts to support punitive damages. If it can do so in good faith, Regional Protection is granted leave to allege facts showing that one or more officers, directors, or managing agents of US Security ac...

Excerpt: ...he Bard defendants have shown good cause for the continuance. A trial continuance is further supported by the tentative ruling granting plaintiff Wayne Ruden's motion for leave to file his proposed fourth amended complaint which, assuming the tentative ruling is confirmed, the Bard defendants likely need some or all of the additional time afforded by the trial continuance to determine whether to file a summary motion directed to the new claim...

Excerpt: ...4) As of that date in October 2015, based on allegations in its prior complaints which are binding on it for purposes of this demurrer, CDC knew that the entity it contracted with had a different legal name: "Webcor Construction, Inc." As CDC has alleged in paragraph 25 of the SAC, learning information that a different entity constructed the Hotel than the entity it had believed to be the entity who actually constructed the Hotel "cau...

Excerpt: ...#39;s petition to confirm contractual arbitration award is granted. Mr. Friend is entitled to judgment in his favor against respondents J Garcia Carrion, S.A. and CIV USA Inc., jointly and severally, in the amount of $2,743,903, plus 10% interest thereon from and after July 31, 2018 compounded annually. Judicial review of contractual arbitration awards is limited to "those cases in which there exists a statutory ground to vacate or correct th...

Excerpt: ...etermination Of Good Faith Settlement And Order Dismissing And Barring Cross‐Complaints; Memorandum Of Points And Authorities In Support Thereof; Declaration Of Sergio W. Stevens In Support ThereofRulings:Matter on calendar for Friday, June 29, 2018, Line 5, DEFENDANT FIFTH HISTORIC PROPERTIES, LLC,, MARTIN MCNERNEY DEVELOPMENT, INC.,, 418 JESSIE HISTORIC PROPERTIES, LLC,, 418 JESSIE PROPERTIES, LLC, Motion And Limited Motion To Contest Broadwa...

Excerpt: ...earing. Defendants Crystal Lei and Bryant Fu's motion for an order requiring vexatious litigant Demas Yan to post security is granted. Per CCP 391.3 and 391.4, unless Mr. Yan furnishes acceptable security in the amount of $50,000 for the benefit of Ms. Lei and Mr. Fu no later than July 31, 2018, this case will be dismissed as to Ms. Lei and Mr. Fu on August 1, 2018. Per CCP 391.6, this case is stayed until July 31, 2018 or the date as Mr. Yan...

Excerpt: ...812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may b...

Excerpt: ...s motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to sign given by email. If not all p...

Excerpt: ...ash service of the second amended complaint on counsel for Cal Wellness is granted. The apparent mistake of counsel for plaintiff Stephen Massey in believing that service of the second amended complaint on counsel for Cal Wellness was sufficient to require Cal Wellness to respond to the second amended complaint is not a basis to preclude Mr. Massey from seeking any relief against Cal Wellness, especially given the lack of any legal prejudice to C...

Excerpt: ...n the alternative, summary adjudication on their complaint for a tax refund. Plaintiffs assert that defendant California Franchise Tax Board did not mail them a notice of proposed assessment (NPA) for a purported 2009 tax deficiency and, even if it did, the NPA was mailed to the wrong address, voiding the assessment. In February 2014, an FTB tax auditor notified the Silvas' tax representative, CPA John Lavorato, that the FTB's audit of th...

Excerpt: ...E. Plaintiffs filed their complaint in unredacted form back on April 30. For the eight‐plus weeks since then, the complaint has been publically available on the Court's register of actions ‐ apparently waiving any confidentiality that could ever have existed. Further, my review of the public complaint finds no immediately apparent "overriding interest that overcomes the right of public access to the record." (See CRC 2550.) I also...

Excerpt: ... action at issue and to dismiss or stay this court action. In their construction contract's arbitration agreement, the parties stipulated that "this agreement to arbitrate shall be governed by the Federal Arbitration Act." A trial court's "only option in these circumstances is to stay the court proceeding and compel the arbitration." (Rodriguez v. American Technologies, Inc. (2006) 138 Cal.App.4th 1110, 1115.) As here, the...

Excerpt: ...Trial (TRG 2016) ?7:65.) Defendants' reply brief asserts that jurisdiction is lacking over the Poe plaintiffs, but this is not a ground stated in defendants' demurrers. Plaintiffs adequately plead alter ego and veil piercing theories. Defendants say these claims will not be proven, but such argument is not for the pleading stage. Under these theories, a court may disregard the corporate entity and treat the acts as if they were done by th...

Excerpt: ...se of action" ‐ CCP ?430.10(e). The demurrer is OVERRULED. At a minimum, a petition for writ of mandate is adequately pled. Procedures applicable to demurrers in ordinary civil actions also apply to administrative mandamus proceedings. (See CCP ?1109.) Thus, I may consider only the pleading's contents, and all of its allegations are deemed true. (Kleiner v. Garrison (1947) 82 Cal.App.2d 442, 445.) The secretary requests that I adopt his...

Excerpt: ...ed complaint and to reopen discovery is granted on specified conditions that plaintiffs must accept in writing before the hearing or orally at the hearing and, if they does not, the motion is denied. The conditions on the granting of this motion are: 1) the trial is continued to March 18, 2019 at 9:30am in department 206 with all discovery deadlines triggered off the new trial date; 2) plaintiffs must pay $3,000 to defendants FCA US LLC and Chrys...

Excerpt: ... is granted. Per CCP 391.3 and 391.4, unless Mr. Yan furnishes acceptable security in the amount of $50,000 for the benefit of Ms. Lei and Mr. Fu no later than July 31, 2018, this case will be dismissed as to Ms. Lei and Mr. Fu on August 1, 2018. Per CCP 391.6, this case is stayed until July 31, 2018 or the date as Mr. Yan furnishes the required security, whichever occurs first. Ms. Lei and Mr. Fu have shown that Mr. Yan is a vexatious litigant w...

Excerpt: ...the summons and complaint filed by plaintiff Golden State Broadcasting, LLC states that Mr. Malvar was substitute served at a UPS store on the last possible day to effect service to avoid the mandatory 3 year period for service. While not argued by GSB, substitute service on an individual is permitted at a UPS store without need for a showing that personal service could not be made after reasonable diligence per CCP 415.20(c). However, this form ...

Excerpt: ...st amended complaint are sustained with 20 days leave to amend. Plaintiff is given one last opportunity to attempt to plead with particularity one or more coherent fraud claims for intentional misrepresentation and/or concealment/partial disclosure. The fifth, sixth and tenth causes of action are currently a jumble of those two distinct fraud claims, improperly refer to a fiduciary relationship, and refer to misrepresentations which occurred afte...

Excerpt: ... discovery is granted on specified conditions that Mr. Witt must accept in writing before the hearing or orally at the hearing and, if he does not, the motion is denied. The conditions on the granting of this motion are: 1) the trial is continued to March 4, 2019 at 9:30am in department 206 with all discovery deadlines triggered off the new trial date; 2) Mr. Witt must pay $10,000 to defendants FCA US LLC and Crown Automotive, Inc. no later than ...

Excerpt: ...mplaint filed by plaintiff Trent Jason is: a) overruled as to the first, second, and third causes of action for breach of contract, breach of implied covenant of good faith and fair dealing, and insurance bad faith for failure to properly investigate a claim; b) sustained with twenty days leave to amend as to the fourth through seventh and ninth causes of action for unfair competition, misrepresentation, false promise, fraud, and negligent inflic...

Excerpt: ...tract E: Failure To Defend And Fifth Cause Of Action For Declaratory Relief Re: Duty To Defend. Cross‐complainant City and County of San Francisco's motion for summary adjudication on its third and fifth causes of action for breach of contract and declaratory relief for a duty to defend against cross‐defendant Thyssenkrupp Elevator America is granted. Based on the undisputed facts, the City is entitled to an order that Thyssenkrupp is obl...

Excerpt: ...a Meats (2004) 121 Cal. App. 4th 1238, a decision of the First District which has not been overruled or criticized by any published authority, holds that a claim brought by a minority shareholder alleging that payments made by a corporation to a majority shareholder were in the form of excessive compensation to the majority shareholder and can be the basis of an individual claim on behalf of the minority shareholder against the majority sharehold...

Excerpt: ...inst them by plaintiff Gilberto Robles Vasquez complaint is granted as to both defendants. The undisputed facts show that Bosa CA did not direct the manner of the work performed by E&S and did not directly participate in that work. A "hirer's failure to correct an unsafe condition, by itself, does not establish an affirmative contribution." (Khosh v. Staples Construction Company, Inc. (2016) 4 Cal.App.5th 712, 718). Ray v. Silverado C...

Excerpt: ...personal jurisdiction over Mr. Schwartz per specific jurisdiction principles. Mr. Schwartz purposefully availed himself of the benefits of California and his California contacts relate to plaintiffs' fraud claims. Plaintiffs presented evidence that Mr. Schwartz traveled to California for a meeting with Mr. Chung to discuss Frankly, Inc.'s acquisition of WorldNow Media, forwarded Mr. Chung's emails to plaintiffs, and sent WorldNow empl...

Excerpt: ...ce in trying to personally serve Mr. Devesa after finding out that Mr. Devesa no longer lived at his last known address by attempting service two times at the address for MedWhat.com Inc. listed on its website, a company that Mr. Davesa served as CEO, and three times at the address for Mr. Devesa's other company, Linda HealthCare Corporation Corp, listed on the company's website. Plaintiffs' subsequent substituted service at the addre...

Excerpt: ...um's motion for summary judgment on the second amended complaint filed by plaintiff Nripendra Dhillon is denied as to the first cause of action for retaliation which is only alleged against the Regents and is granted as to the second cause of action for intentional infliction of emotional distress which is only alleged against Dr. Basbaum. Liberally construing the evidence presented by Dr. Dhillon, that evidence creates a triable dispute whet...

Excerpt: ...e Company S Special Motion To Strike Plaintiffs Complaint Pursuant To Code Civ Proc 42516. The insurers' anti-SLAPP motion to strike is DENIED. The insurers meet prong 1 of the anti-SLAPP statute. Plaintiffs' complaint includes numerous references to the insurers' communications with counsel during the federal action and asserts them as a basis for liability. (Complaint, pars. 9, 103-112). Plaintiffs' complaint does more than make...

Excerpt: ... each independently sufficient. First, APS&EE's memorandum violates the 15‐page limit. (CRC 3.1113(d)). Second, granting the motion would only increase costs for all parties and this Court. APS&EE concedes that (1) the relief sought by the proposed settlement is appropriate and (2) its only interest is in attorney fees and costs for a less‐comprehensive Proposition 65 case it filed against the same defendant in Los Angeles. APS&EE cites n...

Excerpt: ...;s asserted second cause of action for punitive damages is not a separate claim from his first cause of action for defamation for purposes of this motion. Mr. Cho and Mr. Bae satisfied their first prong burden of showing that the advertisement in the Korea Times was made in a public forum in connection with an issue of public interest (CCP 425.16 (e)(3).) Weinberg v. Feisel (2003) 110 Cal.App.4th 1122 is distinguishable. There, the defendant beli...

Excerpt: ... possess and cannot reasonably obtain evidence that decedent Jeffrey Ebbesen was exposed to asbestos‐containing products or materials attributable to Defendant. Plaintiffs' discovery responses are not factually devoid under Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826. 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 ...

Excerpt: ...Amended Complaint, For An Order Dismissing Class Claims, And Approval Of Notice To Class Members. Plaintiffs' motion for leave to file a second amended complaint, for an order dismissing class claims, and for approval of notice to class members is granted in its entirety. Defendants Harcourt Group, LLC and Sojourn Properties, Inc. do not object to the dismissal of the class claims and in light of the affirmance of the denial of class certific...

Excerpt: ... plaintiff Anthony Lee is overruled. The allegations supporting the conversion claim are similar to the allegations that were found to be sufficient to allege a viable conversion claim in Sanowicz v. Bacal (2015) 234 Cal.App.4th 1027. Mr. Lee alleges that, per the Compensation Agreement, defendants owe him at least 12.72% of the 25 million XRP options and/or corresponding XRP; the defendants converted Mr. Lee's property by wrongfully withhold...

Excerpt: ...a. Plaintiff Cheryl Luna acted with reasonable diligence in trying to personally serve Mr. Saranga by attempting service at his home address nine times, including three occasions when a guard confirmed that Mr. Saranga lived in the apartment where personal service was attempted. Although the process server did not subserve a competent household member, leaving the papers with the guard on duty constituted substantial compliance with the statutory...

Excerpt: ... or, in the alternative, motion for summary adjudication of issues is denied in its entirety. As to issues 1, 2, and 4, there are triable disputes whether the assertedly harassing conduct was sufficiently severe or pervasive to constitute sexual harassment and whether Bloomingdale's failed to prevent the harassment. The record is replete with offensive comments and Ms. Kalantari complained about them to Bloomingdale's. (Kalantari Depo. 10...

Excerpt: ...gainst them on October 24, 2017 is granted. The defaults are now vacated. Moving defendants have shown that they are entitled to the relief they seek per CCP 473(b). Very slight evidence is required to support vacating defaults and doing so comports with California's strong policy of deciding cases on their merits. (Shamblain v. Brattain (1988) 44 Cal. 3d 474, 478). Nor has plaintiff Golden State Broadcasting, LLC shown that it would suffer a...

Excerpt: ...ontract claim and relief on a motion for summary judgment may not be granted on an unalleged claim. As was stated in the April 2, 2018 order denying Mr. Elder's CCP 664.6 motion, Mr. Elder has not shown that the parties entered into a settlement. In particular, Mr. Elder failed to show that the asserted agreement complied with SF Charter 6.102, was signed by the City, approved by SFPD, which is a condition specifically set forth in the assert...

Excerpt: ...10(A)(2)]. Defendant/Respondent Minnesota Lawyers Mutual Insurance Company's ("Minnesota") motion to stay or dismiss action based on forum non conveniens is GRANTED. The court orders this action STAYED pending resolution of Modell's petition for assumption of jurisdiction over trust presently pending in Maryland. The court grants Minnesota's supplemental request for judicial notice. Berman is a California resident, but Minneso...

Excerpt: ...Marine Services Company, LLC, a Delaware Limited Liability Corporation's motion for summary judgment is denied. Defendant failed to sustain its burden of demonstrating that Plaintiff does not possess and cannot reasonably obtain evidence that he was exposed to asbestos‐ containing products or materials attributable to Defendant. Statements made during the deposition of William Jellyman preclude Defendant from successfully invoking the factu...

Excerpt: ...mary adjudication is denied as to the first cause of action for dangerous condition of public property and granted as to the second, third and fourth causes of action for vicarious liability for employee, vicarious liability for independent contractor, and failure to discharge mandatory duty. The City's argument that natural condition immunity bars plaintiffs' claim for dangerous condition of public property lacks merit. There is a disput...

Excerpt: ...sion Systems, LLC is denied. Defendants have not shown on this pleading motion that the allegations regarding the Orange County case are irrelevant or legally prejudicial to them. This ruling is merely a decision at this stage of the case not to strike the references to the Orange County case in the complaint. It is not, and should not be taken, as an indication on how the court would rule on other matters pertaining to the Orange County case, su...

Excerpt: ...nt Anthony Lee's anti-SLAPP motion to strike both causes of action alleged in the cross-complaint filed by Hosie Rice LLP, Spencer Hosie, and Diane Rice is granted as to both causes of action. Mr. Lee satisfied his first prong burden of showing that both causes of action arise from petitioning activity protected by the anti-SLAPP statute. Mr. Lee commenced his action to recover fees on January 3, 2017. Paragraphs 43-44 of the cross-complaint ...

Excerpt: ...ly obtain, clear and convincing evidence that defendant acted with the requisite malice, fraud or oppression to warrant the imposition of punitive damages. Plaintiff's responses to defendant's special interrogatories preclude defendant from successfully invoking the factually devoid prong of Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826. If a hearing is requested, it will be at 9:30a.m. A court reporter will not be provided by t...

Excerpt: ...t in favor of defendant City and County of San Francisco was erroneous. After another full review of the moving, opposition and reply papers on the summary judgment motion as well as review of the papers filed on this motion, the court remains of the view that the undisputed facts establish that the physical characteristics of the intersection do not constitute a dangerous condition of public property, whether considered separately or in conjunct...

Excerpt: ... Ms. Copeland failed to provide admissible evidence that this case has a significant relationship with the two uninsured motorist arbitrations to warrant denial of the insurers' contractual right to have the uninsured motorist claims determined by arbitration. The only evidence submitted by Ms. Copeland regarding the relationship between this case and the two uninsured motorist arbitrations is her counsel's belief based on the hearsay sta...

Excerpt: ...granted without leave to amend but without prejudice to plaintiffs' filing a motion for leave to add punitive damages allegations if plaintiffs later obtain information that defendants' employees and defendants acted in a way that supports punitive damages liability against either or both of the defendants. The complaint does not allege facts showing either malice, fraud or oppression by defendants' employees or conduct by defendants ...

Excerpt: ...se of action for breach of the implied warranty of merchantability and sustained with twenty days leave to amend as to seventh cause of action for fraud by omission. The implied warranty claim is barred by the four year statute of limitations. Commercial Code 2725(2) provides that: "A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender...

Excerpt: ...secution is denied. California favors a policy of disposing of cases on the merits. (CCP 583.130.) Weighing the factors set forth in CRC 3.1342, dismissal is not warranted for plaintiff's delay in formally serving Rodrick. This case involves a simple trip and fall and the incident occurred in December of 2013. Rodrick was first notified of the claim in April 2014 when plaintiff's counsel contacted the claims representative from Rodrick...

Excerpt: ...up, Inc.'s motion for summary adjudication on plaintiff Jane Doe's request for punitive damages is granted. The undisputed facts show that Diane Easterwood, was not an employee of TPMG. (Easterwood Dec. 2; Easterwood Depo. p. 9). Unlike Davis v. Kiewit Pacific Co. (2013) 220 Cal.App.4th 358, 371 where the person in charge of investigations under the company HR policy was an employee of the defendant, Ms. Easterwood was not an employee, di...

Excerpt: .... Defendants StubHub, Inc. and eBay Inc.'s motion to compel arbitration is denied. Ms. Wang's claims seek statutorily authorized public injunctive relief and thus fall within the scope of McGill. The FAL, UCL, and CLRA serve a public purpose, provide for public injunctive relief and thus, per McGill, a plaintiff's right to seek an injunction on behalf of the public pursuant to these statutes cannot be waived by an arbitration agreement. (McGill v...

Excerpt: ... Ngo's motion to set aside default and default judgment is granted. The default entered against Mr. Ngo on August 23, 2017 and the default judgment entered against him on September 21, 2017 are vacated. Mr. Ngo has shown good cause for granting this motion per CCP 473.5. (Shamblin v. Brattain (1988) 44 Cal. 3d 474, 478 ("when a party in default moves promptly to seek relief, very slight evidence is required to justify a trial court's ...

Excerpt: ...ion to strike the request for punitive damages in the complaint filed by plaintiff Destiny Ekwueme is granted without leave to amend but without prejudice to filing a motion for leave to amend later in the case if Ms. Ekwueme is able to allege in good faith sufficient facts to show that Mr. Buhrz and/or Big Hair is liable as an employer for punitive damages per Civil Code 3294(b). While the failure of night club security personnel to intervene to...

Excerpt: ... Holdings, LLC has not shown that defendants directed their activities at California residents or purposefully availed themselves of the benefits of the California. (Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4th 434, 446). Believe Wireless does not advertise in California, does not provide services in California, does not maintain an office in California and is not registered to do business in California. The fact that defendants ...

Excerpt: ... pending in the Court of Chancery in the state of Delaware is granted. Per this court's authority to stay a later filed action in favor of a related previously filed action, this case is stayed pending the completion of the Delaware case or further order of this court. Judicial economy is disserved by the concurrent prosecution of two lawsuits involving the same parties seeking damages against each other in two different fora approximately 30...

Excerpt: ...ague, and Robert Cain's motion for summary adjudication against M.C. Plastering Co., Inc. on the issue of duty to defend is continued to June 14, 2018 to give the moving parties and all whom they contend owe them a duty to defend to work out an agreement "how such a defense should be provided or financed." (Crawford v. Weather Shield Mfg. Inc. (2008) 44 Cal.4th 541, 565, n.12.) . Per the indemnification provision of its contract with ...

Excerpt: ...ation and stay proceedings is denied. The arbitration agreement is unconscionable and severance of the substantively unconscionable provisions is not possible because the entire agreement is permeated with unconscionability. The New York choice of law provision is unconscionable and California law applies. (Pinela v Neiman Marcus Group (2015) 238 Cal.App.4th 227, 246‐247). The arbitration agreement is procedurally unconscionable. Subcontracting...

Excerpt: ...vernment Enforcement case" brought by the City, but he does not believe that disqualifies him from deciding motions in this case. Plaintiffs Bennett Goldberg and Linda Kuckuk's motion to compel further responses to requests for production of documents is granted in part. Defendant Stephens Institute is required to: a) provide further responses and produce all documents responsive to requests 2 and 3; b) provide further responses and produ...

Excerpt: ...s is denied. The precedential decisions of the California State Personnel Board on issues of general application within Board's constitutional authority are entitled to considerable deference per Yamaha Corp. of America v. State Bd. of Equalization (1998) 19 Cal.4th 1, 7. The double jeopardy rule invoked by petitioners is based on the Board's own precedential decisions and is not grounded in a constitutional or statutory provision. While ...

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: ...agree that, if this case is litigated in Florida that California law, not Florida law, will govern the claims of plaintiff Aryan Davani and defendants' defenses, including California law regarding statute of limitations and exceptions thereto. If defendants so agree, they must file a document so stating by June 7, 2018. If defendants so agree, the court will stay this case pending the conclusion of the Florida case. Absent such an agreement, ...

Excerpt: ... QUIZNOS FRANCHISING II, LLC, AND QIP HOLDER, LLC's Motion To Compel Defendant Triton Subs, Inc. To Provide Further Responses To Special Interrogatories Set Seven Request For Monetary Sanctions Against Defendant Triton Subs, Inc., In The Amount Of 1,050.00. Plaintiff Fireman's Fund Insurance Company's motion to compel defendant Triton Subs, Inc. to provide further responses to special interrogatories (set seven) and for monetary sanct...

Excerpt: ...iens is denied. A corporate defendant's principal place of business is presumptively a convenient forum. (Nat'l Football League v. Fireman's Fund Ins. Co. (2013) 216 Cal. App. 4th 902, 917.) Where the plaintiff is a California resident, the plaintiff's choice of a forum should rarely be disturbed unless the balance of public and private interest is strongly in favor of the defendant. (Id.) Uber, a California corporate resident, ha...

Excerpt: ...oses of Civil Code 3294(c)(1) and no case construing that subsection holds to the contrary. 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 Mr. Gomes is required to prepare a pr...

Excerpt: ...ithout prejudice to Mr. Mekbeb seeking leave to amend if and when he is able to allege facts that are sufficient to impose punitive damages liability on Uber per Civil Code 3294(b). Accepting the allegation that Uber is the employer of defendant Clarence Lalaind, Jr. as true, the FAC fails to allege sufficient facts to show any of the grounds on which an employer may be liable for punitive damages. Nor does it appear that it is reasonably possibl...

Excerpt: ...etion or its findings are contrary to the weight of the evidence. The DMV properly admitted the DS‐ 367 officer's statement under Evidence Code 1280 as a public employee record. (Jackson v. Department of Motor Vehicles (1994) 22 Cal.App.4th 730, 737.) The failure of Officer McFall to sign the first page of the officer's statement that referred to objective symptoms of intoxication does not render the statement untrustworthy and inadmiss...

Excerpt: ... 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 via fa...

Excerpt: ...ling Part 1 of 2) Defendant City and County of San Francisco's motion for summary judgment is denied and its alternate motion for summary adjudication is denied as to the first cause of action for dangerous condition of public property and granted as to the second cause of action for failure to warn of a dangerous condition of public property. There is a triable dispute whether the planters constitute a dangerous condition of public property....

Excerpt: ... the eighth cause of action for gross negligence and b) overruled as to the fourth cause of action for intentional infliction of emotional distress and the seventh cause of action for conspiracy. The face of the complaint shows that the false imprisonment claim is time‐barred. Liberally construed the complaint alleges sufficient facts to state an IIED and liability based on a conspiracy theory. Demurrers for uncertainty are disfavored and stric...

Excerpt: ...employed by VPM Maintenance Management, LLC for more than eight months as of April 10, 2015 when their employment with VPM ended and who were not subsequently retained by defendant Preferred Buildings Services, Inc. Mr. Martinez's request to act as a class representative is granted. Mr. Martinez has shown that the class is ascertainable. The class is sufficiently numerous. A common issue of law ‐ whether Preferred violated the law by not re...

Excerpt: ...UCL and CLRA claims and neither of those claims arise from protected speech in the anti‐SLAPP statute. Mr. Clark has shown that 1) NuttZo is a corporation primarily in the business of selling nut and seed butter products at issue in this case; 2) the alleged violations of CLRA and UCL arise from NuttZo's "no added sugar" label, which is a statement of fact regarding NuttZo's product; 3) NuttZo's label is made to promote and ...

Excerpt: ...quest For Order Awarding Sanctions. Pro Tem Judge James Fleming, 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 befor...

Excerpt: ... Evidence Abroad In Civil Or Commercial Matters. Plaintiff David Kane's motion for issuance of a request for judicial assistance (letter of request) under the Hague Convention on the taking of evidence abroad in civil or commercial matters is granted. Regardless of who bears the burden, Mr. Kane has shown good cause for the taking of the oral examinations of Nadia Ferriday and Keith McGuinn in the United Kingdom. Defendant Joel Poloney's ...

Excerpt: ...n. 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 ...

Excerpt: ...andolph, Martha Aceves, and Clifford Rechtschaffen's demurrer to the first and third causes of action in the first amended complaint filed by plaintiff Karen Clopton for retaliation in violation of the Whistleblower Protection Act and race discrimination in violation of Government Code 12940 is sustained as to the first cause of action alleged against Ms. Aceves, Ms. Peterman and Mr. Rechtschaffen with twenty days leave to amend and overruled...

Excerpt: .... Defendant Swett & Crawford's ("Swett's) motion for summary judgment is DENIED. Swett's motion for summary adjudication is GRANTED in part and DENIED in part. The motion is GRANTED as to the breach of contract cause of action. " 'A contract implied in fact is one not expressed by the parties, but implied from facts and circumstances showing a mutual intention to contract.' [citation] Without such mutual intention ther...

Excerpt: ...ntiff Don Tucker Dba Don Tucker And Son To Produce Additional Documents In Response To Travelers Second Production Requests.(For Tentative Ruling Only)(part 2 of 3) It follows that Mr. Tucker's ability to defend the underlying action is indeed an issue in this case. Given the acknowledged broad scope of permissible discovery, Defendant is entitled to conduct discovery of its theory of the case unless precluded by an appropriate objection. Mr....

Excerpt: ...y and Doorman Property Management S Corp.'s motion for summary judgment or alternatively motion for summary adjudication is denied in its entirety. There are triable disputes whether: 1) plaintiff and cross‐defendant CFO Rick, Inc. performed all of the duties required of it per the parties' contract or was excused from doing so; 2) any of the services performed or required to be performed by CFO Rick per the parties' contract requir...

Excerpt: ...t filed by plaintiffs Lourdes Zamudio is granted. Assuming without deciding that the indemnity provision of the 2007 CRF‐Marriott contract provides for a first party claim by a Marriott employee, the undisputed facts establish that the indemnity provision does not impose liability on CRF for Alexander Damhuis' intentional torts. The phrase "indemnifying party's ? willful misconduct" in the indemnity provision is not reasonably s...

Excerpt: ...f good faith and fair dealing and request for punitive damages is denied as to both issues. There are triable disputes whether defendants' denial of policy benefits to Ms. Cohen was: 1) unreasonable and 2) done in conscious and willful disregard of Ms. Cohen's rights under the policy that subjected Ms. Cohen to cruel and unjust hardship and was despicable. Ms. Cohen's ability to successfully carry out her duties as a hearing officer d...

Excerpt: ...Fifth Historic Properties, LLC, 418 Jessie Historic Properties, LLC and 418 Jessie Properties, LLC's demurrer to the first, third, sixth and eighth causes of action in the first amended complaint filed by plaintiff Mint Collection‐410‐418 Jessie Street Condominium Owners' Association is: a) sustained without leave to amend as to the first, third and sixth causes of action for violation of residential building standards , strict liabil...

Excerpt: ...ges liability. The allegations that Mr. Misra intentionally attempted to flee the scene of the accident knowing that he had hit and injured Ms. Preap which caused Ms. Preap to suffer additional fear, distress and anxiety are sufficient to show despicable conduct carried on with willful and conscious disregard for Ms. Preap's rights. Defendants' reliance on Broooks v. E.J. Wilig Truck Transp. Co. (1953) 40 Cal. 2d 669 is misplaced. Nothing...

Excerpt: ... that arises from the State Bar's interpretation and in fidelity with the important principle of statutory interpretation that wherever possible a statute should be interpreted to avoid constitutional infirmity, the State Bar's interpretation must be rejected and Mr. Obbard's interpretation adopted. (City of Cerritos v. State of California (2015) 239 Cal. App. 4th 1020, 1035). Any party who contests a tentative ruling must send an ema...

Excerpt: ...iff suing under the fictitious name of John Smith is granted as to the sixth through eighth causes of action and denied as to the ninth and tenth causes of action. Plaintiff concedes that at the trial court level his seventh cause of action for malicious prosecution should be stricken per the anti-SLAPP statute. Ms. Chan and API satisfied their first prong burden of showing that the sixth cause of action for defamation and the eighth cause of act...

Excerpt: ...Motion For Order To Seal Unredacted Portions Of Plaintiff'S Complaint and for Sanctions Under Ccp 177.5. Defendant State Compensation Insurance Fund's motion for order to seal unredacted portions of plaintiff's complaint and for sanctions is continued to May 29, 2018 to give State Fund an opportunity to substantively respond to the argument in plaintiffs' opposition memorandum that sealing of the settlement agreement is contrary t...

Excerpt: ...second causes of action seeking declaratory relief that the San Francisco County Transportation Authority is subject to the San Francisco Sunshine Ordinance lack merit. The SFUFC is an agency of the State of California and thus is exempt from a local ordinance such as the Sunshine Ordinance. Moreover, the language of the Sunshine Ordinance makes clear that the SFTCA is not covered by that Ordinance. SFUFC's argument that the Bay Area Bill pro...

Excerpt: ...ory Charter School, Inc.'s motion to quash is granted as to both defendants. Plaintiff Charter Asset Management Fund, L.P. has not shown that either Christopher Clemons or Erica Anthony had actual or ostensible authority to bind LGS and LCP when they signed the factoring agreements. LGS and LCP did not retain either Mr. Clemons or Ms. Anthony with regard to the factoring agreements nor did they give them authority to enter into those agreemen...

Excerpt: ...ation and stay proceedings is granted in its entirety. All claims alleged by plaintiff Garrett Callen must be resolved by arbitration per the parties' agreement and this case is stayed pending the conclusion of the arbitration proceedings. Assuming without deciding that the arbitration agreement is procedurally unconscionable, it is nonetheless enforceable because it is not substantively unconscionable. The attorneys' fees and costs provi...

Excerpt: ...alleged by plaintiff Steven McIlroy must be resolved by arbitration per the parties' agreement and this case is stayed pending the conclusion of the arbitration proceedings. Assuming without deciding that the arbitration agreement is procedurally unconscionable, it is nonetheless enforceable because it is not substantively unconscionable. The attorneys' fees and costs provision is not substantively unconscionable because it bars the arbit...

Excerpt: ...d without prejudice to Mr. Miranda addressing the deficiencies in the moving papers in a re‐filed motion, if he can do so in good faith. The moving papers fail to provide a sufficient quantitative or qualitative analysis of any of the asserted violations of the Labor Code which form the basis of Mr. Miranda's PAGA claims. Nor do the moving papers provide a sufficient explanation why Mr. Miranda is receiving any payment, much less $30,000, f...

Excerpt: ... of real party in interest Tanesh Nutall is overruled as to the first cause of action for violation of the Unruh Act and sustained with ten days leave to amend as to the second cause of action for violation of Government Code 11135(a). Liberally construed, the complaint sufficiently alleges facts that show that, at the time of the alleged discrimination against Ms. Nutall, the City was conducting itself as a "business establishment" withi...

Excerpt: ...en 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 sign given...

Excerpt: ..., summary adjudication on its sole cause of action for money due on dishonor of check against defendants Paul Han Kim and In Ju Kim is denied. Wells Fargo has provided insufficient evidence to satisfy its burden of showing that it is a holder in due course. In particular, Wells Fargo fails to provide any evidence when it paid any money on the check, what it had done before doing so, whether it had any notice that the check might be dishonored, an...

Excerpt: ...of action in the second amended complaint filed by plaintiff Jack Reisner is: a) is overruled as to the first cause of action for common law discrimination and retaliation against public policy against UBC; b) sustained without leave to amend as to the first cause of action against Job Corps; c) overruled as to the second cause of action for violation of Labor Code 1102.5; d) sustained with twenty days leave to amend as to the third case of actio...

Excerpt: ...Monday, May 7, 2018, Line 17, PETITIONER JOEL WARNE Motion For: Sanctions Pursuant To, Inter Alia, C.C.P. 128.7(C)(1) And Civ. Code 3294 In Re: False Representations; Reconsideration Pursuant To, Inter Alia, C.C.P. 1008, Et Seq.; Declaratory Judgment Clarifying Scope Of Orders; And Memorandum Of Points And Authorities In Support Of The Same. Petitioner Joel Warne's motion for sanctions and reconsideration of the order dated May 10, 2017 is de...

Excerpt: ...ent is GRANTED. The court grants summary adjudication on the cause of action for breach of contract based on Truck's commercial insurance policy. Vasquez does not dispute that the policy included a cooperation provision. (Defendants' UMF 4; Parkhurst Dec., Ex. A, sec. I.E.3.a.) The undisputed evidence shows that on 2/7/13, defendants requested additional documents. (Parkhurst Dec., Ex. D.) Vasquez failed to respond to this letter and viol...

Excerpt: ...xpenses authorized by section 1033.5 are those to attend depositions. (? 1033.5, subd. (a)(3).)" ( Ladas v. CSAA (1993) 19 Cal.App.4th 761, 775.) TPG's distinction between local and non‐local travel expenses does not change this rule. The court denies the motion as to the e‐filing fees, which TPG substantiates in its opposition. The court denies Heyman's motion to tax the entire costs memo because it was served by e‐mail. Heyman...

Excerpt: ...ly over. At that point, a judgment of dismissal with prejudice in favor of TPG was inevitable and Heyman's right to file a voluntary dismissal was cut off because the "trial" already commenced within the meaning of CCP 581. (Law Offices of Andre L. Ellis v. Yang (2009) 178 Cal.App.4th 869, 877.) TPG shall prepare, file, and serve a judgment of dismissal with prejudice in its favor against petitioners forthwith. TPG's request for f...

Excerpt: ...plaintiff Broussard had a reasonably probable expectation of economic benefit from his relationships with Kismatic, Inc. and defendant Reilly. This benefit would have been realized through Broussard's receiving a fair share of any deal involving sale of Kismatic assets or stock, and, had it not been for Apprenda's interference, Broussard would not have lost the prospective benefit. California law permits pleading of factually inconsistent...

Excerpt: ... Atlantic Richfield Co. (2001) 25 Cal.4th 826. Defendant's special interrogatories and plaintiff's responses thereto demonstrate that plaintiff does not possess and cannot reasonably obtain evidence that defendant acted with the requisite malice, fraud or oppression to warrant the imposition of punitive damages. (Defendant's Exhibits 36, 37.) Plaintiff failed to present evidence sufficient to create a triable issue as to whether defen...

Excerpt: ... Ramos stated that there was an English-only policy (Leon Depo., 143:3- 19.) There is also a dispute of fact whether a managing agent ratified such a policy. Assistant Manager Harris had a conversation with Regional Director Calderon about the policy, but Harris did not view it as discipline. (Harris Depo., 197:23-198:8.) Calderon admitted that the English- only policy had been ongoing for months (Calderon Depo., 146:15-147:14; 151:22-24.) Calder...

Excerpt: ...Feely declares under penalty of perjury that he personally served Dahmash in Belmont, CA on December 17, 2017. Evidence Code 647 provides: "The return of a process server registered pursuant to?the Business and Professions Code?establishes a presumption?of the facts stated in the return." Dahmash fails to rebut the presumption; he merely asserts that he resided in San Diego on December 17, not that he was not served or that a different pe...