Excerpt: ...bitrate. The Financial Planning Agreement does not incorporate by reference the arbitration clause in the CFI application. In addition, that arbitration clause relates to "ANY AND ALL CONTROVERSIES OR CLAIMS BETWEEN CLIENT(S) [Olson] AND [CFI]?" Olson is not suing CFI nor does she name Davis as an agent of CFI. The cross‐complaint is unrelated to the CFI IRA and the arbitration clause does not apply. The Financial Planning Agreement and...

Excerpt: ...nted. The Hospital satisfied its summary adjudication burden of production by presenting evidence that it did not act with malice, oppression or fraud within the meaning of those terms for Civil Code 3294(c) and Mr. Mendoza did not present any evidence creating a triable dispute whether the Hospital acted with malice, oppression or fraud. None of Mr. Mendoza's evidence ‐‐ including the admission that the bus duct was never inspected and n...

Excerpt: ...#39; motion for reconsideration of the January 10, 2018 order denying his motion for leave to file a third amended complaint is denied. The sole asserted changed circumstance proffered in support of this motion is that Jean Lee is no longer a party to the case. While that is true, the January 10 order was based on far more than Ms. Lee being prejudiced by allowing Mr. Rogers leave to file his proposed third amended complaint. Among other things, ...

Excerpt: ...vili's motion for attorney's fees and costs is granted in substantial part. Plaintiffs are awarded fees of $104,409 and costs of $27,648.67 against defendant Jaguar Land Rover North America, LLC. The lodestar fees claimed by plaintiffs have been reduced by 25% for the fraud and negligent misrepresentation claims alleged by plaintiffs as to which they received no recovery and are not entitled to an award of fees. The 25% reduction is based...

Excerpt: ...�‐ Public Version Plaintiff's motion to seal portion of the court's record and to proceed anonymously as "Jane Doe 1" and "Baby Doe" is granted. Plaintiff has shown good cause for the relief she seeks and that relief is in accordance with the Rules of Court providing for the sealing of documents. Because the order on this motion need not include any identifying information about any individual, the order granting this mo...

Excerpt: ...ements 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 teleph...

Excerpt: ...curities, LLC's motion to compel further responses to set three special interrogatories and set five requests for production of documents is granted in part. The hearing is continued to April 5, 2018 to give the parties an opportunity to agree on a procedure which provides directly relevant information to CSL while protecting the privacy of plaintiff Michael Guta. No later than April 2, 2018 the parties must meet and confer in an effort to ag...

Excerpt: ...t to counsel for counsel for all other parties prior to the hearing. The conditions that Ms. Brunn must agree to are: 1) she must file her amendment to her complaint no later than March 29, 2018; 2) the trial is continued to August 6, 2018 at 9:30am in department 206 with all discovery deadlines triggered off the new trial date; 2) Ms. Brunn must serve verified code‐compliant responses without objection other than privilege no later than April ...

Excerpt: ...ick v. Superior Court (2015) 233 Cal.App.4th 8.) There is no evidence that Ms. Song expressly aimed her alleged tortious conduct at California. (Burdick, 233 Cal.App.4th at 20.) The only evidence that Mr. Drenberg proffers is his declaration and a declaration from his counsel. That evidence fails to show that Ms. Song specifically directed her comments toward California. Mr. Drenberg's request to conduct jurisdictional discovery is denied sin...

Excerpt: ...n believes that he is fair and impartial in this case. Defendant Homebridge, Inc's motion to compel arbitration of all individual claims and to dismiss the class claims alleged in plaintiff Stacey Curtis' first amended complaint is denied in its entirety. Ms. Curtis' statutory claims based on alleged violations of the Labor Code and Business and Professions Code 17200 are not arbitrable under the Collective Bargaining Agreement's ...

Excerpt: ...ll be issued that provides for judgment against Citadel in the amount of $250,789.95 and against Mr. Le in the amount of $235,789.95 with post‐judgment interest at the legal rate from January 18, 2018. Defendants have not shown any evidence establishing any of the grounds in CCP 473(b) to set aside the default and default judgment. Assuming without deciding that plaintiff Jennifer Young served as counsel for defendants at one time, that fact do...

Excerpt: ...uent judgment. Plaintiff did not serve the instant motion in a timely fashion, but defendant waived the defect by addressing the merits. (See Carlton v. Quint, (2000) 77 Cal.App.4th 690, 697.) Plaintiff, who is acting in pro per, demonstrates mistake, inadvertence, and/or excusable neglect. Plaintiff mistakenly believed that her second amended complaint would be filed and the demurrer hearing would be mooted. The court notes that there is a liber...

Excerpt: ...e jurisdiction to entertain this sanctions motion to vindicate its regulatory powers. (See Keitel v. Heubel, (2002) 103 Cal.App.4th 324, 334.) The court concludes that plaintiff violated the bankruptcy stay, but whether a bankruptcy stay applies to a non‐debtor co‐ defendant such as Mr. Gebreslassie is not always clear and A.H. Robins even notes that it is an "unusual situation." (See A.H. Robins Co. Piccinin (1986) 788 F.2d 994, 999....

Excerpt: ...Request For Production Of Documents Set Two With Monetary Sanctions Or Alternatively Plaintiffs Motion For Sanctions For Spoliation Of Evidence. Pro Tem Judge Noah Lebowitz, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be ...

Excerpt: ...the sole cause of action for indemnity and declaratory relief in the cross-complaint filed by cross- complainant Herman Franck is granted without leave to amend. The court agrees with the first three arguments made by the City in support of this motion that Mr. Franck cross-claim fails as a matter of law because: 1) the deemed admissions by plaintiff Robert Garrett preclude any liability by Mr. Garrett against Mr. Franck, 2) there is no nexus bet...

Excerpt: ...that the results of the pending investigation of the Medical Board were available for the arbitration. The arbitrator's award based on the finding that Ms. Davis failed to produce a declaration from an equally qualified expert identifying a breach of the standard of care or causation did not exceed the arbitrator's authority. Language used by respondents in their briefs is not a ground to vacate the arbitration award because it does not s...

Excerpt: ...n Smith's Motion To Compel Further Responses From Defendants Intero Real Estate Services, Inc. And Wachiraporn Wachiradejkul A.K.A. Jane Wachiradejkul To Special Interrogatories And Demand For Production Of Documents And; Request For Monetary Sanctions. Pro Tem Judge Peter Catalanotti, 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...

Excerpt: ... Mr. Williams, who ceased his employment with defendants prior to the effective date of Labor Code 558.1, lacks standing to sue Mr. Pearce based on that statute, even if, which is at best unclear, section 558.1 permits the imposition of liability in a lawsuit brought by a party other than the Labor Commissioner. Mr. Pearce's request to propound discovery in an effort to locate a plaintiff with standing to sue Mr. Pearce is denied per CVS Phar...

Excerpt: ...f Sarah Johnson acknowledges that she accepted Lyft's Terms of Service. The Terms of Service include a clear and unmistakable delegation clause that requires the arbitrator to decide the validity and applicability of the arbitration agreement except in very limited circumstances that are not present in this case. Ms. Johnson fails to demonstrate that the delegation clause, separate from the arbitration agreement, is unconscionable. While proc...

Excerpt: ...fer or dispute resolution process set forth in the agreement is not unconscionable. "We also disagree with plaintiff's contention that the arbitration provision is substantively unconscionable because it provides defendant a free peek at his claims before arbitration. The bilateral nature of the dispute resolution procedure distinguishes the parties' agreement from the employment contract analyzed in Nyulassy v. Lockheed Martin Corp. ...

Excerpt: ...urge is entitled to an order confirming the final award because there are no grounds to either vacate or correct that award. Any party who contests a tentative ruling must send an email to [email protected] with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. Counsel for the ...

Excerpt: ...position that the doctrine of exclusive concurrent jurisdiction does not apply to PAGA actions. The recent developments in the other actions are not grounds to lift the stay. Several of those actions are still pending and the claims in those actions (e.g. Locacruz case) are sufficiently similar to warrant continuance of the stay. The court notes that the claims in two actions need not be identical to invoke the doctrine of exclusive concurrent ju...

Excerpt: ...oward is awarded attorney's fees against plaintiff Ron Newt in the amount of $24,000. No opposition filed. Mr. Howard is entitled to an award of fees since he succeeded in having all claims alleged against him dismissed on his anti‐SLAPP motion. Mr. Howard's request for a fee award of $43,521.50 is excessive given the issues involved in this motion, the anti‐SLAPP motion, and the fact that Mr. Howard and others had previously filed a ...

Excerpt: ...ologies Usa, Inc. Or, In The Alternative, To Compel Further Responses To Requests For Production & For Monetary Sanctions. Pro Tem Judge Charles Geerhart, 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 Te...

Excerpt: ... judgment on the pleadings is denied. CCP 361, not governmental interest analysis, provides the rule for determining which state's statute of limitations applies to this case. (McCann v. Foster Wheeler, LLC (2010) 48 Cal. 4th 68, 87). For purposes of CCP 361, a cause of action on a claimed debt arises where the payments on the debt were to be made. (Western Coal & Mining Co. (1946) 27 Cal. 2d 819, 829). Although the place of payment may be th...

Excerpt: ...zuko Artus is granted as to the first cause of action for injunctive relief and appointment of monitor and the fifth cause of action for breach of covenant of good faith and fair dealing and denied as to the second, third and fourth causes of action concerning the election rules and sale and leasing guidelines. GTCA satisfied its first prong burden of showing that all five causes of action alleged by Dr. Artus arise from activity protected by the...

Excerpt: ... Supporting Papers. Defendants' motion to seal their opposition papers to plaintiff's motion for a preliminary injunction 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 t...

Excerpt: ...filed by plaintiff Roger Senders. Airbnb has shown that Mr. Senders assented to the Terms of Service, including the arbitration language therein, because the sign up screen adequately informed Mr. Senders that, by clicking to sign up, he was agreeing to the Terms of Service. The notice "by signing up, I agree to" is placed in close proximity to the three boxes where a consumer clicks to sign up, the text is in bold letters, and the hyperl...

Excerpt: ...ount Of $1,490.00 Against Defendant. Plaintiffs' motion for an order to have requests for admission deemed admitted and for monetary sanctions is denied in its entirety. While it is true that there is no pre‐filing meet and confer requirement for this motion, the court concludes that, had plaintiffs' counsel contacted counsel for Dr. Crane in advance of the motion, Dr. Crane would have agreed to provide the requests for admission respon...

Excerpt: ...s In Support Of Determination Of Good Faith Settlement (Ccp 877.6). Defendants ACEH Capital LLC, Greg Wang, and Miki Yang's motion to seal their settlement agreement with plaintiff Ying Gu is denied. The motion does not comply with CRC 2.550(d). Defendants fail to explain how the interest in facilitating settlement overrides the right of public access in this case. It is unclear how making the settlement and/or settlement amount available to ...

Excerpt: ...causes of action for breach of contract and fraud by false promise and overruled as to the fourth cause of action for fraud by intentional misrepresentation. Mr. Artega has leave to amend the breach of contract claim to clarify the precise contract price and what he is alleged owed. Mr. Artega has leave to amend the false promise claim to allege with specificity when the promises alleged in paragraphs 33-34 were made and whether they were verbal ...

Excerpt: ...cs, Inc. is denied as to all eight causes of action. Notwithstanding defendants' failure to meet and confer in "person or by telephone" as required by CCP 439, the court will address the merits of the motion. Paragraph 25 of the complaint adequately identifies Gill's claimed trade secrets that were allegedly misappropriated by defendants to withstand a pleading motion. The court does not address the distinct issue of compliance wi...

Excerpt: ...Powers' petition for writ of mandate is denied. The petition is both untimely and substantively without merit. Mr. Powers is seeking relief from an order that was served on April 28, 2017. Per Vehicle Code 13559, Mr. Powers had 30 days to seek judicial review of that order and an additional 4 days is added per Vehicle Code 23 due to mail service. Mr. Powers filed this case on June 9, 2017, which was 8 days late. Mr. Powers' citation to th...

Excerpt: [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 not contested, the court will sign the proposed order submitted with the moving papers. =(302/HEK) Case Number:CGC17563425Case Title:FRANCISCO HARRISON DR VS. GRYPHON INVESTORS LL...

Excerpt: ...iding this case. Defendant Regents of the University of California's demurrer to fourth, seventh, and eighth causes of action in the complaint filed by plaintiff Eunice Neeley is: a) sustained with twenty days leave to amend as to fourth cause of action for negligent retention of an unfit employee; b) sustained without leave to amend as to the seventh cause of action for injunctive relief; and c) overruled as to eighth cause of action for dec...

Excerpt: ...ted with ten days leave to amend as to the first cause of action for involuntary dissolution and denied as to the second cause of action for removal of director. As to the first cause of action, the motion for summary adjudication is treated as a motion for judgment on the pleadings. (C.L. Smith Co. v. Roger Ducharme, Inc. (1977) 65 Cal.App.3d 735, 745.) Mr. Cunningham correctly cites Weisman v. Odell (1970) 3 Cal.App.3d 494, 498 for the proposit...

Excerpt: ...ion does not identify any new law, facts or circumstances that warrant reconsideration. The motion also fails to include a declaration in compliance with CCP 1008(a). Mr. Rosenberg's moving papers suggest that he was blindsided at the hearing by the court's reference to Lefebvre v. Southern California Edison (2016) 244 Cal.App.4th 143, but that case was cited in PG&E's moving and reply papers on the demurrer. Notwithstanding that ther...

Excerpt: ...enied in its entirety. Assuming without deciding that the court can consider the materials relied on by Sotheby's for its motion that are not alleged in or attached to the FAC, all allegations sought to be stricken are adequately alleged. As to the allegations regarding Sotheby's failure to obtain the errors and omissions insurance policy, the ICA is reasonably susceptible to plaintiffs' proffered interpretation of the ICA. As to the ...

Excerpt: ... alleged in support of any of the second through fourteenth affirmative defenses are based on any conduct that occurred after the date of the CPUC decision and Mr. Hines has neither stated nor suggested that he can allege any facts that occurred after the CPUC decision that supports any of those affirmative defenses. Therefore, the second through fourteenth affirmative defenses fail as a matter of law, leaving only the first affirmative defense o...

Excerpt: ...eates a fiduciary relationship. Mr. O'Rourke sufficiently alleges that he had an attorney client relationship with Mr. Cohen and those allegations, which must be accepted as true on this demurrer, support the fifth cause of action for breach of fiduciary duty. Mr. Cohen's arguments that he merely acted for the LLC and that he was only a scrivener are factual issues that are not amenable to resolution on a demurrer. The sixth and eighth ca...

Excerpt: ...rbitration is granted and this case is stayed pending the conclusion of arbitration proceedings on the claims alleged by plaintiff Daniel Pulido. The incorporation of the AAA Commercial Rules does not constitute clear and unmistakable evidence of an intent to delegate arbitrability to the arbitrator. Notwithstanding federal authority to the contrary, the court chooses to adhere to the well‐reasoned and persuasive dicta in Ajamian v. CantorCO2e,...

Excerpt: ... default of May 30, 2017 and the default judgment of July 5, 2017 is granted. Based on Mr. Muhamadiev's statements and presentation in the courtroom on March 1, 2018, the court is persuaded that Mr. Muhamadiev was unaware that he was required to file a response to the complaint by May 25, 2017 and he did not realize that a default and default judgment had been entered against him until he recently learned that his driver's license was sus...

Excerpt: ... rarely possible to plead the exact words. (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) The allegations are sufficient to put Farias on notice of the issues to be admitted or denied. Second (Conversion) SUSTAINED WITH LEAVE TO AMEND: "Money cannot be the subject of a cause of action for conversion unless there is a specific, identifiable sum involved." (McKell v. Washington Mut., Inc. (2006) 142 Cal.App.4th 1...

Excerpt: ...of action three, seven and eight are effectively based on a theory that attorney Bagchi conspired with defendant Allis; thus, prior court approval is required under Civil Code 1714.10. The exception in 1714.10(c) does not apply, as the complaint (16:13‐14) pleads that "Bagchi was representing the partnership," and no "independent legal duty to the plaintiff" is pled. Hence, this third demurrer is SUSTAINED WITH LEAVE TO AMEND. A...

Excerpt: ... cause of action is SUSTAINED WITH LEAVE TO AMEND. The complaint adequately pleads its breach of contract claims. However, its fraud allegations are conclusory and not pled with the required heightened specificity. PS Services has leave to amend to allege specific facts to show how, when, where, to whom, and by what means the misrepresentations were allegedly made by RingCentral. Any party who contests a tentative ruling must send an email to con...

Excerpt: ...ear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to sign given by email. If no...

Excerpt: ...ed Case) Kph Management Llc, Engage Hospitality Llc, Agpme Tenant Llc, Engage Hospitality Llc, Mangal, Inc., Lombard Hospitality Llc, Engage With Sf Hospitality Llc'S Motion For Summary Judgment Or, In The Alternative, Summary Adjudication. (Part 1 of 2) The hearing will be held at 1:30pm with Judge Kahn in Dept 302. Plaintiffs' motion for summary judgment or, in the alternative, summary adjudication is denied in its entirety. As to the f...

Excerpt: ...arch 2, 2018, Line 3, PLAINTIFF SEAN DEVRIES, ZEREMY UPTEGROVE'S Motion For 1 Order Imposing Terminating Or Issue Or Evidence Sanctions Against Defendant Sean Killen And His Attorney Na Il Benjamin For Failure To Obey Order Compelling Response To Demand For Production Of Documents And For Failure To Pay Monetary Sanction 2 Order Imposing Additional Monetary Sanctions (Defendant Killen). 1 - Notice Of Motion And Motion For 1 Order Imposing Ter...

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: ...39;s Motion For Judgment On The Pleadings. Plaintiffs' motion for judgment on the pleadings is denied. The motion is not a proper motion for judgment on the pleadings. To the extent the motion seeks a ruling on the permissible scope of discovery, plaintiffs should file a motion for protective order or assert objections to discovery served on them. In either event, it is not possible to intelligently resolve such a motion outside the context o...

Excerpt: ... Code Civ. Proc. 425.16(G) ("Anti‐Slapp"). Plaintiff Kazuko Artus' motion for leave to conduct specified discovery pending defendant Gramercy Towers Condominium Association's anti‐SLAPP motion to strike is denied. Dr. Artus fails to show she needs any of the discovery she wishes to propound to enable her to defeat GTCA's anti‐SLAPP motion. Moreover, Dr. Artus provides no explanation why the motion was not filed earlier. ...

Excerpt: ...e a summary judgment or summary adjudication motion as to defendant Richard Villaroman. Plaintiffs have shown good cause for the changes they seek to make to their complaint and giving them leave to make those changes comports with California's policy of liberally allowing amendments to pleadings at any time. Mr. Villaroman's arguments that plaintiffs knew about any claims they had against Ms. Stone when they filed their complaint is, in ...

Excerpt: ...etion and the approval was reasonable. The declaration of the plaintiffs' expert contradicting the reasonableness of the approval is insufficient to defeat immunity. Plaintiffs failed to identify any change in physical conditions of the property after the design approval and before the incident. The trap exception of Government Code 830.8 does not defeat the design immunity of Government Code 830.6. Fairly read and as explained by later autho...

Excerpt: ...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 defendants is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must bring it to the hearing or email it to contestdept302...

Excerpt: ...uhamadiev has failed to provide evidence establishing his entitlement to set aside the default of default judgment entered against him. The May 5, 2017 order states that Mr. Muhamadiev had until May 25, 2107 to file a response to the complaint. He didn't do so and plaintiff State Farm Mutual Automobile Insurance Company obtained entry of default and default judgment against him. Mr. Muhamadiev did not file his motion until more than six month...

Excerpt: ... JUDGMENT Or, In The Alternative, Summary Adjudication. (Part 1 of 2) If the tentative ruling is contested, the hearing will be at 1:30pm, not 9:30am unless counsel for either side is unable to appear at 1:30pm. Plaintiffs' motion for summary judgment or, in the alternative, summary adjudication is denied in its entirety. As to the first issue, the City's prior demurrer arguments are not judicial admissions precluding the City from seekin...

Excerpt: ...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 the stipu...

Excerpt: ...ndant Jean Lee's motion for summary judgment is granted. There is a triable dispute whether Mr. Lee's conduct was privileged and bars the four causes of action for slander, libel, intentional infliction of emotional distress, and negligence alleged against him. Assuming that Mr. Lee and the recipients of the publications had a common interest regarding safety at the premises, there are triable issues whether the publications were motivate...

Excerpt: ...ifornia 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...

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

Excerpt: ... given leave to file an updated motion that clarifies exactly what fees they are seeking. The new motion should include a table that breaks down the fees by task (e.g. bankruptcy appellate work). The Sangers shall calendar the motion on any day of the week except for Friday. No appearances are necessary and oral argument will not be entertained. =(302/HK) ...

Excerpt: ...p. Crt. (1980) 111 Cal.App.3d 706, 709; Sheller v. Sup. Crt. (1980) 158 Cal.App.3d 1697, 1713, fn. 22.) The court notes, however, that if Ms. Healy engages in misconduct in this action such misconduct may lead to revocation of her pro hac vice status. 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 th...

Excerpt: ...tively, summary adjudication is DENIED in its entirety. The motion is denied as to the causes of action for strict liability and breach of the implied warranty of merchantability. In Mexicali Rose v. Sup. Crt. (1992) 1 Cal.4th 617, 630, fn. 5, the court explains that the term "natural" refers to bones and other substances natural to the product. It does not encompass substances such as mold, bacteria or other substances not natural to the...

Excerpt: ... Plaintiff; Request For Sanctions, And Request For Evidentiary Sanctions. Pro Tem Judge Bruce Highman, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipu...

Excerpt: ... action under FELA may be maintained only by decedent's personal representative. (45 U.S.C. ? 59.) It is undisputed that no personal representative has been appointed, therefore no FELA claim may be pursued. This action is stayed pending joinder of a personal representative in compliance with 45 U.S.C. section 59. If and when such personal representative is appointed, plaintiffs shall file a motion to revive the action. If a hearing is reques...

Excerpt: ...eeking to hold one liable for unjustifiably inducing another to breach a contract, must allege that the contract would otherwise have been performed." (Augustine v. Trucco (1954) 124 Cal.App.2d 229, 246.) The complaint here alleges the opposite, saying O'Reilly entered the contracts "without any intention to perform" (para. 170) long before negotiations with Apprenda. Indeed, plaintiff doubles down in his opposition brief: "Br...

Excerpt: ... shown that she is entitled to have both the default and default judgment set aside per CCP 473.5 because she had no knowledge of this case until her tenants informed her of it in or about September 2017 and she promptly moved to set aside the default and default judgment. While plaintiff Becharoff Capital Corporation has shown that it mailed numerous documents to Ms. Correa and substitute served her on two different occasions, it has no proof th...

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

Excerpt: ...e Ruling Only) (Part 2 of 2). The arbitration agreement does not state how the arbitration fees will be paid and thus the court assumes that Dignity Health will pay the fees, as it acknowledges it will do. (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 112 -113.) The bilateral meet and confer or dispute resolution process set forth in the agreement is not unconscionable. "We also disagree with plaintiff's ...

Excerpt: ...elieves that he is fair and impartial in this case. Defendant Homebridge, Inc's motion to compel arbitration of all individual claims and to dismiss the class claims alleged in plaintiff Stacey Curtis' first amended complaint is denied in its entirety. Ms. Curtis' statutory claims based on alleged violations of the Labor Code and Business and Professions Code 17200 are not arbitrable under the Collective Bargaining Agreement's arb...

Excerpt: ...is granted. Plaintiff Elizabeth Karnazes' request for punitive damages is stricken because she is required per CCP 425.13 to seek leave of court to allege a request for punitive damages and it is also too late for her to do so per that statute. 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 ...

Excerpt: ...ney's fees and denied as to request for punitive damages. The allegations regarding drug use and romantic interludes are irrelevant to Mr. Pumm's claims. The tort claims alleged by Mr. Pumm adequately support the request for punitive damages. The complaint does not cite a statutory, contractual, or other legal basis for the request for fees. Mr. Pumm's argument that he might be able to recover fees under Prentice v. N. Am. Title Guar....

Excerpt: ... relationship creates a fiduciary relationship. Mr. O'Rourke sufficiently alleges that he had an attorney client relationship with Mr. Cohen and those allegations, which must be accepted as true on this demurrer, support the fifth cause of action for breach of fiduciary duty. Mr. Cohen's arguments that he merely acted for the LLC and that he was only a scrivener are factual issues that are not amenable to resolution on a demurrer. The six...

Excerpt: ...enied. The second amended complaint adequately alleges punitive damages liability against a corporate employer. Any additional information that defendants believe they need about the request for punitive damages can be obtained through discovery. 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 th...

Excerpt: ...uling on the motion to vacate the November 1, 2016 order warrants lifting the stipulated stay. The stipulated stay in the June 18, 2017 order is now lifted and Mr. Berger may pursue collection efforts. Plaintiff Lenny Semis is required to pay $1590 to Mr. Berger. Because plaintiff Lenny Semis' conduct in failing to file a motion to vacate the fees judgment prior to the filing of this motion constitutes frivolous conduct per CCP 128.5, Mr. Ber...

Excerpt: ... Ruling Only) Respondent's arguments against an order compelling compliance are unavailing. Contrary to Respondent's contention, based on the above‐cited statutory provisions, this Court has authority to compel compliance of a non‐party subpoena issued in arbitration. None of the cases cited by Respondent dictate otherwise. Given the state of the meet and confer process between Petitioners and Respondent, Respondent's amended obje...

Excerpt: ...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 telephone, the st...

Excerpt: ... because the federal district court has ordered arbitration of the dispute between plaintiff Division SIX Sports, Inc and Levi Strauss Asia Pacific Division Pte, Ltd, pursuant to their arbitration clause in the Master Service Agreement and arbitration claims have been filed by Levi Strauss & Co and Levi Strauss Asia Pacific Division Pte , Ltd against plaintiff pertaining to the MSA. The interpretation of the integration clause of the MSA and its ...

Excerpt: ...nuisance causes of action rely on the same facts about lack of due care, the nuisance claim is a negligence claim." (El Escorial Owners' Ass'n v. DLC Plastering, Inc. (2007) 154 Cal.App.4th 1337, 1349.) Plaintiff also lacks standing for prospective relief. Section 3493 of the Civil Code specifically provides that "A private person may maintain an action for a public nuisance, if it is specially injurious to himself, but not otherw...

Excerpt: ...ligence and nuisance causes of action rely on the same facts about lack of due care, the nuisance claim is a negligence claim." (El Escorial Owners' Ass'n v. DLC Plastering, Inc. (2007) 154 Cal.App.4th 1337, 1349.) Plaintiff also lacks standing for prospective relief. Section 3493 of the Civil Code specifically provides that "A private person may maintain an action for a public nuisance, if it is specially injurious to himself, bu...

Excerpt: ...aside the default and default judgment entered against defendant Williams & Burrows, Inc. is granted in part and denied in part. Hartford Fire Insurance Company and Nationwide Insurance Co. demonstrated that the Court should invoke its inherent, equitable power to set aside a default judgment on the ground of extrinsic fraud or mistake because they demonstrated a meritorious defense, a satisfactory excuse for not presenting a defense to the origi...

Excerpt: ...ird amended complaint filed by plaintiff Hershorin & Henry, LLP is denied in its entirety. The TAC adequately alleges both an enforceable contract and reliance damages based on H&H's payment to the LLC notwithstanding its receipt of notice of the attorney's lien. Nor did the court order mandate the payment to the LLC and, even if it did, there were changed circumstances once the attorney's lien was filed. The TAC also adequately alleg...

Excerpt: ...ird Party Defendant Fetch Media, Ltd. To Stay This Action Pending Resolution Of Fetchs Declaratory Judgment Action In Federal Court. Plaintiff Phunware, Inc.'s and cross‐defendant Fetch Media, Ltd.'s renewed motion to stay action pending resolution of Fetch's declaratory judgement in federal court is continued to February 28, 2018 to give the federal court the opportunity to issue a ruling on Uber's motion to dismiss or stay the...

Excerpt: ...pel arbitration and stay proceedings is granted. The complaint filed by plaintiff Marina Rasnow‐Hill alleges claims "arising out of or related to" the Physician Employment Agreement. The gravamen of Dr. Rasnow‐Hill's action is that she was a non‐exempt employee. Section 7.4 of the agreement states that Dr. Rasnow‐Hill is an exempt employee. Dignity Health did not waive the right to seek arbitration. The agreement provides that...

Excerpt: ...Pro Tem Judge J. Timothy Nardell, 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 de...

Excerpt: ...tive Ruling Entry Purposes Only) (Part 2 of 2) The arbitration agreement does not state how the arbitration fees will be paid and thus the court assumes that Dignity Health will pay the fees, as it acknowledges it will do. (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 112 ‐113.) The bilateral meet and confer or dispute resolution process set forth in the agreement is not unconscionable. "We also disagree wi...

Excerpt: ...For Monetary Sanctions. Defendants Anne and Matthew L'Herureux's motion for terminating sanctions is granted. Ms. Ahluwala's repeated failure to attend her deposition without providing any admissible evidence supporting a medical or other excuse shows that she has no intention to sit for a deposition in this case. Under these circumstances, the prejudice to defendants from Ms. Ahluwala's discovery abuse cannot be remedied by anyth...

Excerpt: ...nied and its alternative motion for summary adjudication is granted as to the second and fourth causes of action for denial of reasonable accommodation and failure to engage in the interactive process and denied as to the first, third and fifth causes of action for disability discrimination, retaliation and wrongful termination in violation of public policy. There is a triable dispute whether Mr. Dayton's termination from his probationary pos...

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

Excerpt: ...nded complaint filed by plaintiff Hershorin & Henry, LLP is overruled in its entirety. The TAC alleges sufficient facts for all four claims. The TAC adequately alleges that there was consideration for the indemnity contract because H&H agreed to pay the LLC $44,477.07 notwithstanding its receipt of notice of the attorney's lien. Even though Chicago Title did not sign the agreement, it accepted the agreement by performing because it paid the f...

Excerpt: ...laintiff Wayne Ruden's second motion to compel deposition responses from CPMC's person most qualified (Theresa Carney) and for monetary sanctions is granted in large part. Unless the parties agree otherwise defendant Sutter West Bay Hospitals (CPMC) must make Ms. Carney available for another session of her PMQ deposition on a mutually convenient date no later than February 28, 2018. At that deposition Ms. Carney must provide responses to ...

Excerpt: ...the arbitration award is granted in part. All of the findings and conclusions in paragraphs 1 and 2A‐D on pages 42 and 43 of the final award are confirmed. The findings and conclusions in paragraph 2E on page 43 of the final award are corrected to provide for attorney's fees awards of $371,632.50 and $1,057.50 (instead of $701,972.50 and $1,997,50) for total corrected awards in favor of Mr. Boschetti against respondent Adam Sparks as truste...

Excerpt: ...g Only)(Part 2 of 2) At page 31 of the Final Award the Arbitrator stated that she only considered "competent evidence" on the attorney's fees issues and that evidence needed to be in the form of declarations submitted by the parties. The Arbitrator rejected all of the evidence submitted by Mr. Boschetti in support of an hourly rate higher than $225 except for a declaration of Mark Hooshmand, former counsel for Mr. Sparks. (Final Award...

Excerpt: ...nt City and County of San Francisco's motion to enforce court's order and for an order granting reimbursement of defense costs is denied in its entirety without prejudice to the City seeking a severable judgment or injunctive relief. While the City disclaims any intent to seek a mandatory injunction or a final judgment, the City does not identify, nor is the court aware of, any procedure where a summary adjudication order can be converted...

Excerpt: ...C's motion for summary judgment and alternative motion for summary adjudication on the complaint filed by plaintiffs Gloria Lee and David Greenberg are denied. Assuming that Megabus sustained its initial burden of production, there is a triable dispute whether Megabus was defendant Chyna Kennedy's special or dual employer and thus vicariously liable for plaintiffs' injuries. (Riley v. Southwest Marine, Inc., (1988) 203 Cal.App.3d 1242...

Excerpt: ...rior to the February 1 hearing was: Plaintiff Jeffrey Dullea's application to reopen limited discovery is granted on the condition that Mr. Dullea or his counsel pay an additional hour of Dr. Kondrashov's time for wasting that time. Mr. Dullea may take Dr. Kondrashov's deposition of no more than an hour on a mutually agreeable date and time at a location of Dr. Kondrashov's choosing, but before the deposition begins Dr. Kondrashov...

Excerpt: ...While plaintiff Alfonso Peralta does not believe the statements in Mr. Makableh's declaration, he has not shown that those statements are untrue. Mr. Makableh has leave to file his proposed answer by February 14, 2018. 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 su...

Excerpt: ...Rupinder Buttar's motion to strike is GRANTED with 20 days leave to amend. Plaintiff has leave to plead the fraud cause of action and facts showing a basis to recover punitive damages. The motion is GRANTED WITHOUT LEAVE TO AMEND as to paragraph 42 as there is no basis to recover general/emotional distress damages on the malpractice claim. "Regardless of how foreseeable a pet owner's emotional distress may be in losing a beloved anima...

Excerpt: ...s to compel arbitration are GRANTED. Plaintiff has two arguments, both unavailing. First, Plaintiff contends her claims are governed not by the arbitration provision of her employment contract, but rather by a "California Employee Proprietary Information and Inventions Agreement" (PIIA) signed later. However, the PIIA applies only to a relatively narrow class of intellectual property claims that could be filed "against" Plaintiff,...

Excerpt: ... not by the arbitration provision of her employment contract, but rather by a "California Employee Proprietary Information and Inventions Agreement" (PIIA) signed later. However, the PIIA applies only to a relatively narrow class of intellectual property claims that could be filed "against" Plaintiff, and no claims were filed against Plaintiff. Moreover, the relevant clause is a "consent to personal jurisdiction," not an a...