Excerpt: ... (cross-defendant) fails to show that the cross-complaint is brought in bad faith. 'Factors such as oversight, inadvertence, neglect, mistake or other cause, are insufficient grounds to deny [a moton for leave to file a cross-complaint] unless accompanied by bad faith. ' (Silver Organizations Ltd. v. Frank (1990) 217 Cal.App.3d 94, 99; see also CCP 426.50 ["The court ... shall grant ... leave to ... file the cross- complaint ... This subdivision ...

Excerpt: ...ovision, implicating Civil Code 1717. Plaintiff won an arbitration against defendants, then lost an attempt to amend his judgment to add Silverman on an alter ego theory. Silverman now seeks a section 1717 attorney fee award for opposing plaintiffs motion to amend. Civil Code 1717 applies to "any action on a contract" with an attorney fees provision. (ld.) Included is any action that, as here, "involves" a contract. (In re Tobacco Cases I (2011) ...

Excerpt: ...f Karen Crosby's opposition to motion to quash service of summons is denied. The opposition was properly filed nine court days before the continued hearing date of September 25, 2023. (See CCP 1005(b).) Defendants' request for judicial notice in support of motion to quash is granted. Defendants' motion to quash service of summons is denied as follows. Substitute service under CCP 415.20 was appropriate once Crosby's server, Troy Norriss, made thr...

Excerpt: ...ciated) claims regarding three former patents of San Francisco's Laguna Honda hospital. However, this would be a misjoinder based on the pled facts, as the three patients died at three different healthcare facilities with three different constellations of maladies. (Cmplt. 21:7-40:6.) Plaintiffs rely on Code of Civil Procedure 378 for their joinder arguments, but section 378 requires claims "arising out of the same transaction, occurrence or seri...

Excerpt: ...into and breached an agreement with plaintiff. (First Amended Complaint ("FAC"), pars. 10-17, 24; Ex. A [authorizing plaintiff to use his credit card for purchases "on behalf of Vanguard Property Management"].) Defendant raises a factual issue regarding the scope of the agreement and the court defers to plaintiff's interpretation of the agreement on demurrer. (Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 239 ["[W]...

Excerpt: ...at are not illusory - e.g., to sculpt and install artwork at Saints Peter and Paul Catholic Church and to pay $200,000 of the cost of doing so. (ld. at 4:1-3, Ex. A.) The FAC also adequately pleads that plaintiffs performance of the contract "was excused by Defendants' failures" to approve the artwork and by anticipatory breach. (ld. at 7:7-13.) Defendant argues that its "performance is excused because of Covid-19," but such an issue of disputed ...

Excerpt: ...4, see also 14:7-15:2.) As set out in the summary judgment order, it does not. (ld. at Second, plaintiffs counsel says she "was surprised that she mistakenly failed to file a separate statement," labeling the court not accepting a separate statement she filed nearly a month late "an irregularity." (Memo. 11:21- 12:19.) The statute requires "ordinary prudence," absent here. (CCP 657(3).) Third, plaintiff claims "newly discovered evidence.' (Memo. ...

Excerpt: ...ents/employees and those allegations support the claim. In addition, the pleading expressly alleges that they acted as Fictivls fiduciary, which raises a factual issue. (See Huong Que, Inc. v. uu (2007) 150 Cal.App.4th 400, 410-411, 414 ["Thus an employee, while employed, owes undivided loyalty to his employer."]; Cross-complaint, pars. 12-13, 30 ["Cross-Defendants were entrusted with certain duties and responsibilities and owed a fiduciary duty ...

Excerpt: ...ant fails to show that plaintiff could waive the representative PAGA claims. "A PAGA claim is legally and conceptually different from an employee's own suit for damages and statutory penalties. An employee suing under PAGA 'does so as the proxy or agent of the state's labor law enforcement agencies.' [citation] Every PAGA claim is 'a dispute between an employer and the state. "' (Kim v. Reins International California, Inc. (2020) 9 Cal.5th 73 [em...

Excerpt: ...ropriety of summary judgment are to be resolved in favor of the opposing party." (Kulesa v. Castleberry (1996) 47 Cal.App.4th 103, 112; see also Statoners Corp. v. Dun & Bradstreet, Inc. (1965) 62 cal.2d 412, 417; Crouse v. Brobeck, Phleger & Harrison (1998) 67 cal.App.4th 1509, 1524.) As a general rule, the insured's settlement with and release of the tortfeasor cuts off the subrogation rights of the insured's insurer against the tortfeasor. How...

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

Excerpt: ... Amended Complaint [C.C.P. 438, Et Seq.]. Defendant California College of the Arts' (CCA) "motion for judgment on the pleadings as to causes of action number one through seven in plaintiff's second amended complaint" (SAC) is granted with leave to amend. CCA hired pro per plaintiff June Beltran in 2017. Part of her job was to direct CCAls Center for Art & Public Life, later renamed the Center for Impact (the Center). Beltran was fired in November...

Excerpt: ...stock options. The noton was that plaintiffs would eventually get their money back and split any gain with defendant 50-50. The employer went public and its stock price rose, but plaintiffs have gotten no money. The demurrer's first argument is that the entre FAC is precluded by a New York court's dismissal ofa "nearly identical" case. Plaintiffs respond that the New York case regarded their supposed right to compel defendant to sell her stock (w...

Excerpt: ...fs "motion to temporarily lift stay to declare that Lyft, Inc.'s arbitration agreement controls the parties' dispute" is denied. On March 22, 2023, Stripe, Inc.'s motion to compel plaintiff to arbitration was granted based on multiple arbitration agreements. This court's order stayed the litigation "pending the outcome of arbitration." Plaintiff now seeks to "temporarily lift stay" based on CCP 1281.4's provision that a court shall "stay the acti...

Excerpt: ... IN PART AND DENIED IN PART. Petitioner has demonstrated a right to recover attorney's fees and costs from Respondent San Francisco Housing Authority. This is a Public Records Act matter. The Act mandates a fees and costs award in petitioner's favor payable by the public agency, if the petitioner "prevails in litigation." (Gov. Code, 7923.115, subd, (a).) Petitioner made PRA requests on October 6 and 13, 2022. Respondent did not substantially com...

Excerpt: ...And 2 In Plaintiff'S Complaint Defendants Epic Sightseeing, LLC and Extranomical Tours, LLC's Motion for Judgment on the Pleadings Re Causes Of Action 1 and 2 in Plaintiff's Complaint is DENIED. A motion for judgment on the pleadings is treated the same as a demurrer. It is limited to the "four corners" of the pleading (including exhibits) and matters that are judicially noticeable. The complaint is read as a whole, and material facts properly pl...

Excerpt: ... Univ. (2015) 243 Cal.App.4th 427, 432 n.3 ["Generally, a party moving for summary judgment may not rely on new evidence filed with its reply papers."]; San Diego Watercrafts, Inc. v. Wells Fargo Bank (2W2) 102 Cal.App.4th 308, 316 [noting due process issue when considering reply evidence].) "The papers are to be construed strictly against the moving party and liberally in favor of the opposing party; any doubts regarding the propriety of summary...

Excerpt: ...dgment is denied. Defendant's alternative motion for summary adjudication is granted and denied as follows: The motion for summary adjudication is denied as to issue 1 (ability to perform essential job functions), issue 2 (legitimate reason) and issue 3 (failure to engage in interactive process). Defendant does not deny that it previously modified plaintiffs work structure because of plaintiffs disabilities. (Amended Complaint, par. 21; Pfeilschi...

Excerpt: ...notice of Exhibit 1 (Plaintiff's Complaint) in the Weglarz Declaration. The Court considered Exhibit 2 (Plaintiff's Responses to Defendant's Special Interrogatories, Set One), Exhibit 3 (Plaintiff's Responses to Standard Asbestos Case Interrogatories), Exhibit 4 (Plaintiff's Deposition, June 7, 2023), Exhibit 5 (Plaintiff's Deposition, Aug. 30, 2017, Taken in Case No. CGC-15-276397), and Exhibit 6 (Plaintiff's Deposition, Nov. 7, 1996, Taken in C...

Excerpt: ...Award Based On Failure To Post Bond Or Undertaking Respondent Gerona's mo
Ÿon to dismiss is granted. As this court already ruled in its order of July 21, 2023, the bond requirement is mandatory and jurisdic
Ÿonal. (Palagin v. Paniagua Construc
Ÿon Inc. (2013) 222 Cal.App.4th 124, 140.) Gerona is therefore en
Ÿtled to a dismissal. (Id.; Labor Code sec. 98.2(b); Burkes v. Robertson (2018) 26 Cal.App.5th 334, 347, fn 10 ["a necessary consequence...

Excerpt: ...To Requests For Production Of Dcmaments And Tangible Things, Production Of Documents And Request For Monetary Sanctions. Pro Tem Judge Aaron Minnis, 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 Judg...

Excerpt: .... The court has nevertheless reviewed the moving papers and the opposition filed July 5, 2023 which includes documents plaintiff apparently contends supports his allegations. In particular, the court has reviewed the July opposition for evidence that Protacio was operating within the course and scope of his employment with the defendant Regents. His employment consisted of working as an HR employment lead at USFC Health, and his duties consisted ...

Excerpt: ...fendant Comcast to address the noise emanating from a vault cover near plaintiffs residence. Plaintiff alleges that when a vehicle runs over the vault cover, it make an extremely loud noise. 1. Comcast asserts that plaintiff is a vexatious litigant and has not posted the required security. If this is so, the court questions why a motion based on that failure has not been made. See CCP 391.4 (dismissal for failure to furnish security). This does n...

Excerpt: ...validity of fts claim. (CCP 512.060(a)(1).) Defendant's hearsay objection to the Motosko declaration is sustained. (Opposition 8:15-25.) That is the only evidence that supports this application. The declaration is based on 'company records," but there is no showing that they are business records excepted from the hearsay rule. (Evidence Code sec. 1271 ["Evidence of a wrting made as a record of an act, condition, or event is not made inadmissible ...

Excerpt: ...Cal. Rule Of Court 2.551; (2) Plaintiffs' Application Pursuant To Code Provision 2031.285, and (3) Defendant Glydways, Inc.'s Cross-Motion to Disqualify Plaintiff's Counsel. Plaintiff's rule 2.551 application, which is unopposed, is GRANTED. On Plaintiff's application under section 2031.285 of the Code of Civil Procedure, the court finds the subject document is privileged. The court finds that Plaintiffs did not establish a waiver of the privileg...

Excerpt: ...ff's Application To Amend Abstract Of Judgment With Defendant's Alias (CCP Sec 680.135), for which no opposition has been filed, is DENIED. Plaintiff seeks to amend the abstract of judgment to add "Light Mary J Trust," which plaintiff identifies as a revocable trust. Section 680.135 is limited to adding to judgments "aliases" of known debtors. In this context, an alias is a name by which the natural person who is the debtor is or has been known a...

Excerpt: ...r Declaration. The Court sustains Plaintiffs' objections to Paragraphs 4 and 5 of the Htnver Declaration on hearsay grounds. As such, the Court did not consider Undisputed Material Facts Nos. 6 and 7 in Defendant's Separate Statement of undisputed Material Facts, which rely on Paragraphs 4 and 5 of the Hoover Declaration as evidentiary support. Defendant fails to sustain its initial burden of showing that Plaintiff does not possess, and cannot re...

Excerpt: ...o not suffice." (Lazar v. Superior Court (1996) 12 Cal.4th 631, 645; Hamilton v. Greenwich Investors XXVI, LLC (2011) 195 Cal.App.4th 1602, 1614.) To satisfy '"[t]his particularity requirement,"' a plaintiff must plead facts that show "how, when, where, to whom, and by what means the representations were tendered." (Lazar, supra, 12 Cal.4th at 645.) Here, plaintiff does not meet the heightened pleading requirement. For example, Paragraph 19 does ...

Excerpt: ...et forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this moton. 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 ...

Excerpt: ...dba Rightworks Insurance Services's mo
Ÿon for relief under Code of Civil Procedure sec
Ÿon 473, which is unopposed in substance, is GRANTED. Good cause appearing, moving party is relieved from the s
Ÿpulated deadline to Þle a Mo
Ÿon to Compel Community Loans to Supplement Its Responses to Requests for Produc
Ÿon of Documents, Set One, and any such mo
Ÿon Þled before August 31, 2023, shall be deemed
Ÿmely. The court is aware of the disp...

Excerpt: ...tiffs Claim For Writ Of Mandate Against The Commissioner Of The California Department Of Insurance The "motion to sever plaintiff's claim for writ of mandate against the Commissioner of the California Department of Insurance" is granted. Joining a writ action against the insurance commissioner to a bad faith case against an insurer is a recurring tactic by this plaintiffs' counsel. (Memo. 3:3-5:15.) The tactic has been rejected by severance four ...

Excerpt: ...s. Pro Tem Judge William Lynn, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this mo
Ÿon. Prior to the hearing all par
Ÿes to the mo
Ÿon will be asked to sign a s
Ÿpula
Ÿon agreeing that the mo
Ÿon may be heard by the Pro Tem Judge. If all par
Ÿes to the mo
Ÿon sign the s
Ÿpula
Ÿon, the hearing will proceed before the Judge Pro Tem who ...

Excerpt: ...Motion: Exhibit A (Decedent's Personal Injury Complaint); Exhibit B (Plaintiffs' Wrongful Death Complaint); and Exhibit C (Amendment to First Amended Wrongful Death Complaint to Substitute Defendant's True Name for Does 2 and 254). The Court considered Exhibits D through K in Defendant's Index of Evidence in Support of the Motion. The Court declines to rule on Defendant's objections to Decedent's deposition submitted in Plaintiffs' opposing evide...

Excerpt: ...ce 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 stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with t...

Excerpt: ...hman, 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 mo
Ÿon. Prior to the hearing all par
Ÿes to the mo
Ÿon will be asked to sign a s
Ÿpula
Ÿon agreeing that the mo
Ÿon may be heard by the Pro Tem Judge. If all par
Ÿes to the mo
Ÿon sign the s
Ÿpula
Ÿon, the hearing will proceed before the Judge Pro Tem who will decide the mo
Ÿon w...

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

Excerpt: ...INATING SANCTIONS, STRIKING DEFENDANTS ANSWER AND ENTERING DEFAULT; REQUEST FOR MONETARY SANCTIONS OF $1,572.95; Pro Tem Judge Scott Borrowman, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the moton may be heard by the Pro Tem Judge. If ...

Excerpt: ...ing whether an action is a SLAPP. First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one arising from protected activity If the court finds that such a showing has been made, it must then determine whether the plaintiff has demonstrated a probability of prevailing on the claim." (Navellier v. Sletten (2002) 29 Cal.4th 82, 88.) This action arises from an uninsured motorist arbitration...

Excerpt: ...Partners, LLC, TurbineOne, LLC, and Matthew Amacker's (collectively "SEP") motion for summary adjudication is denied. SEP presents some new evidence that was unavailable at the time the court originally heard this motion, e.g., testimony of cross-complainant's PMQ witness, amended/supplemental discovery response, and the declaration of Mr. Camp. Therefore SEP may renew the motion under CCP secs. 1008(b) and 437c(f)(2). *The Court's full and compl...

Excerpt: ... of fault was prov-ded, relief is discretionary and must be based on a showing of "mistake, inadvertence, surprise, or excusable neglect." (CCP 473(b).) The party moving for relief on the basis of "mistake, inadvertence, surprise, or excusable neglect" must show specific facts demonstrating that one of these conditions was met. (Hopkins & Carley v. Gens (2011) 200 Cal.App.4th 1401, 1410, 135 [defendant's burden to demonstrate "that due to some mi...

Excerpt: ...c)(1).) Plaintiffs appealed and lost again. Defendants' motion for appellate fees and costs is adjudged as follows. First, as to hourly rates, the 7/29/21 Order's findings are adopted; in sum: "The hourly rates that defendants were charged were $330 for partners, $255 for associates and $170 for legal assistants, which the Court finds to be reasonable." (ld. at 3:9-10.) Second, defense counsels' hours worked on the appeal are also reasonable. Pla...

Excerpt: ... or ordered to be paid by the probate court, and the complaint defects are incurable. Plaintiff argues that defendants agreed to seek the attorneys' fees in probate court but have not done so in over two years. (Opp., 5:8-9.) Plaintiff also argues that defendant Trammell agreed to advance out of pocket expenses. (See Cmplnt. at p. 3.) Each cause of action refers to the $3,500 in costs for court reporter fees, that is still outstanding, in additio...

Excerpt: ...fferent court location within the same superior court as provided in this section, proceedings shall be held as provided by local rules of the superior court." (CCP sec. 396a(f).) The Lual Rule of San Francisco provides that this department hears all pretrial motions except for certain matters including "probate law and motion matters." (Lual Rule 8.1(A)(1), Plaintiffs' complaint alleges breach of contract and account stated from a settlement agr...

Excerpt: ...ned 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 emai...

Excerpt: ...s motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the moton 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 pa...

Excerpt: ... Complaint, 1:23-24.) Plaintiff alleges that defendant continues to have a uniform policy that violates the Labor Code. (Amended Complaint, pars. 16, 18, 22.) Under Johnson v. Maxim Healthcare Services, Inc. (2021) 66 Cal.App.5th 924, 930, PAGA standing does not depend on maintaining an individual claim and an aggrieved employee can maintain a representative PAGA achon even where the individual claim is time barred. Plaintiffs representative alle...

Excerpt: ...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 via ...

Excerpt: ...ely treat plaintiffs fall; (4) did not implement a wound prevention program and caused a wound to reach into the base of his spine; (5) did not provide adequate food and liquids; (6) repeatedly did not assist with hygiene and meet plaintiffs basic needs; (7) regulatory violations; and (8) defendant's purposeful decision (through fts officers, directors, and/or managing agents) to understaff the facility plead sufficient facts to support a claim f...

Excerpt: ...ants' demurrer is sustained with leave to amend. The Court's complete tenta
Ÿve ruling is emailed to the par
Ÿes. For the 9:30 a.m. Law & Mo
Ÿon calendar, all a
©orneys and par
Ÿes may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tenta
Ÿve Rulings," and click on the ...

Excerpt: ...count) The FAC pleads an agreement that the parties would each deposit 10% of their monthly salaries into the account, with each to "own" half the balance. (ld. at 6:1-7.) Defendant later withdrew "near the entirety" of the account balance and refuses to return plaintiffs share, thus converting his half. (ld. at 1:8-20.) No "right to payment" seems to be at issue, nor is the parties' ownership based on each's contributions, so defendants' cited a...

Excerpt: ...nted from Colorado-resident defendant over Airbnb, which is headquartered in San Francisco. The parties dispute whether plaintiff was resident at the time in Arizona or California. Defendant appears to concede that a contract can be formed over Airbnb. Defendant says he has been in California twice in his life, for a Disneyland trip and first aid training - both many years ago. "When a defendant moves to quash on jurisdictional grounds, the plain...

Excerpt: ...N THOMPSON, CRISTIAN ZAPATA Notice Of Hearing on Petition To Compel Arbitration And Award Relief under Cal. Code Civ. Proc. Sec. 1281.97 Petitioners' motion to compel arbitration and award relief under CCP 1281.97 is denied. The weight of authority holds that the Federal Arbitration Act ("FAN') does not preempt CCP 1281.97. (See Espinoza v. Superior Ct. of Los Angeles cnty. (2022) 83 cal.App.5th 761; Gallo v. wood Ranch USA, Inc. (2022) 81 cal.Ap...

Excerpt: ...tion And Motion To Re-Open And Compel Targeted Discovery Regarding Spoliation. (Part 1 of 2 for purposes of entry of tentative ruling) Pro Tem Judge William Lynn, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by 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: ...n the three-year statutory deadline of December 31, 2022. (MPA, 6:1-7.) CCP 340.1(f) requires that any plaintiff who is 40 years of age or older at the time the action is filed, must file certificates of merit together with the complaint. At the tme plaintiff filed this action, she was over 50 years old. (Cmplnt. 1:28-2:1.) Pursuant to the provisions of CCP 340.1(f) plaintiff was required to file a certificate of merit at the time the action is f...

Excerpt: ...se the number of card/gambling tables it could operate at its cardroom because the enabling ballot measure (Measure H) allegedly did not comply with Bus. & Prof. Code sec. 19961(c). Facts and Procedural History This is not petitioner s first time to appear before this court regarding its desire to add card tables. In CPF-21-517433, petitioner filed a petition for writ of mandate alleging that respondent misinterpreted several ordinances and statu...

Excerpt: ...1) provides that if, as here, "a trust is created by more than one settlor, each settlor may revoke the trust as to the portion of the trust contributed by that settlor." (ld.; see also Estate of Powell (2000) 83 Cal.App.4th 1434, 1440 [1994 legislative amendment to Probate Code 15401 "reversed prior judicial decisions holding that a trust could not be revoked by less than all joint settlors"].) Plaintiff adequately pleads she revoked the portion...

Excerpt: ...tiffs' mistaken belief that two defendants then resided here. In fact, the two defendants' December 2022 interrogatory responses show they had moved to Texas in January 2022, before "the commencement of the action." (Bains Dec. Ex. D 3:36-4:7, Ex. E 3:25-4:5; CCP 395(a).) Thus, ours is nota "proper court for the trial of the action." (ld.; see also CCP 397.) Plaintiffs apparently concede the relevant facts, but argue that movants "waived their ri...

Excerpt: ...on Of Plaintiff Mark Shukens Claims, And (2) Stay The Proceedings. Defendants' (PAC-12 ENTERPRISES, LLC, PAC-12 NETWORK, LLC, PAC-12 CONFERENCE) motion to compel arbitration of plaintiff Shuken's claims and stay this action is granted. Shuken entered into a broad arbitration agreement with defendant Pac-12 Enterprises. (Lockett Decl., Ex. 1, sec. 14.) The FAA applies to Shuken's agreement based on the express terms of the agreement and because th...

Excerpt: ...1:19-22) is supported by no authority. In any event, fraud by movants is also specified using their names. (ld. at 7:18-8:6, 9:15-10:2.) Second, movants argue that their alleged fraudulent statements regarded future events. But the complaint alleges false statements by movants in the context of the sales transactions themselves. (ld. at 17:18-8:2.) Even if all the false statements were made earlier, the complaint pleads they were already "false w...

Excerpt: ...udge, has been assigned to hear this mo
Ÿon. Prior to the hearing all par
Ÿes to the mo
Ÿon will be asked to sign a s
Ÿpula
Ÿon agreeing that the mo
Ÿon may be heard by the Pro Tem Judge. If all par
Ÿes to the mo
Ÿon sign the s
Ÿpula
Ÿon, the hearing will proceed before the Judge Pro Tem who will decide the mo
Ÿon with the same authority as a Superior Court Judge. If a party appears by telephone, the s
Ÿpula
Ÿon may be signed via fax...

Excerpt: ...rrer depends on re-casting the SAC as one for libel with a one year statute of limitations. E.g„ Motion at 3:18 ff. This is futile. The claim is, as stated, for interference with contract. The parties agree the statute of limitations for that claim is two years. The demurrer seems to make the alternative argument that even if there is a two year limitations period, that too was patently transgressed based on the supposed accrual of the claim as...

Excerpt: ...ended Complaint The motion is moot as to the bank because it already obtained a dismissal with prejudice on May 31, 2023. The court vacates plaintiffs voluntary dismissal without prejudice that she filed on May 8, 2023, and grants the individual defendants' moton for summary judgment. The court dismisses the individual defendants with prejudice. The court vacates plaintiffs voluntary dismissal without prejudice that she filed on May 8, 2023, and ...

Excerpt: ...before the court on April 28, 2023 and it was denied. See April 28, 2023 Order. She now seeks to have the motion reheard and so improperly brings a motion for reconsideration. Under CCP 1008, a motion for reconsideration must be made within 10 days after service upon the party of written notice of entry of the order and be based upon new or different facts, circumstances, or law. Here, Ms. Tang filed the current moton on June 9, 2023, which far e...

Excerpt: ... 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 via...

Excerpt: ...he 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 Su...

Excerpt: ... County Of San Francisco Plaintiffs motion "to amend second amended complaint against Comcast to join new party defendant City and County of San Francisco" is denied. Pro per plaintiff has been adjudged a vexatious litigant subject to a CCP 391.7 prefiling order that bars him from "filing any new litigation' without "first obtaining leave of the presiding judge." (ld.) "Litigation" broadly includes a "civil action or proceeding" against what plai...

Excerpt: ...is another attempt by plaintiff to avoid the arbitration he contractually agreed to - an arbitration this court ordered 11 months ago. Plaintiff is a sophisticated businessperson who declares he has "spent more than $800,000 of my own money" on a marijuana dispensary. (Valdez Dec. 2:20-22.) Plaintiff claims he is "currently receiving public assistance," but proffers no documentary evidence of that. (ld. at 2:16-17.) Likewise, plaintiff reports he...

Excerpt: ... without prejudice. Scott & Warner Builders, Inc. was general contractor on a home reconstructon project that had a flooding event. There were "several subcontractors," including Deehan and Ideal Restoration, Inc. (Pham Dec. 2:5-7.) SWB's insurer apparently paid the homeowner some unstated amount of money and seeks $280,301 from some unstated set of the several subcontractors for unstated liabilities. Deehan seeks to settle for $35,000; Ideal opp...

Excerpt: .... First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one arising from protected activity If the court finds that such a showing has been made, it must then determine whether the plaintiff has demonstrated a probability of prevailing on the claim." (Navellier v. Sletten (2002) 29 Cal.4th 82, 88.) Silverman's protected activities were filing and pursuing a lawsuit against Fayad. That t...

Excerpt: ...rts to have served Borenstein via a front desk guard at a San Francisco apartment building. However, Borenstein declares under #nalty of perjury that he does not live or work in the apartment, did not authorize anyone there to accept service and for "the past five years, and currently, I live outside the United States in Israel." Plaintiffs points - much of them hearsay of which judicial notice cannot be taken - are unavailing. It is true, as pla...

Excerpt: ..., well before moving to compel arbitra
Ÿon against respondents in 2021. (See, e.g., Fayad Dec. 3:24-4:4, Ex. A.) Yet he has not sought to include Silverman in the arbitra
Ÿon proceedings un
Ÿl now. Further, everyone agrees pe
Ÿ
Ÿoner had the burden to prove that Silverman is liable under a conjunc
Ÿve three-part test. (Relentless Air Racing, LLC v. Airborne Turbine Ltd. Partnership (2013) 222 Cal.App.4th 811, 815-16; Memo. 4:20-26; Opp. 3:1...

Excerpt: ...eming, 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 moton will be asked to sign a stipulation agreeing that the motion may 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 a...

Excerpt: ...OMPEL DISCO RESPONSE TO DEFT GENENTECH, INC.(TENTATIVE RULING PURPOSES ONLY PART 2 OF 2) Plaintiffs' discovery requests and this motion were misguided and ineffective as a procedural matter but were nevertheless intended to effectuate the purposes of discovery. Accordingly, sanctions for alleged abuse of the discovery process would be unjust under the circumstances and are denied. For the 9:00 a.m. Discovery calendar, all attorneys and parties ar...

Excerpt: ...he 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 Su...

Excerpt: ...ocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract." (AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333, 336; 9 U.S.C. sec. 2.) Plaintiff Honorio Altun entered into a sales contract with a dealership. (Compl. 8.) The manufacturer of the car, Nissan, is not a party to this sales contract. Nissan seeks to compel arbitration against Altun through equitable estoppel. Under equitable estop...

Excerpt: ...ry Sanctions In An Amount Not Less Than 6785 (Motions). (part 1 of 2) plaintiffs/Cross-Defendants' motion sanctions is denied. plaintiffs/Cross-Defendants bring their moton pursuant to CCP 128.7(b)(2) - (3), on the grounds that Defendants/cross-complainants' MSA lacks legal support, because (1) their entire argument that a breach of fiduciary duty has been established is premised on the fiction that the overruling of a demurrer is a ruling on the...

Excerpt: ...rgues for stay of the arbitration so the court acton can be tried first. That would be contrary to strong public policies favoring arbitration. (See, e.g., AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333; Lewis v. Fletcher Jones Motor Cars, Inc. (2012) 205 Cal.App.4th 436.) To the extent California law were to apply here at all, CCP 1281.2 applies only when "a party to the agreement refuses to arbitrate." Such is not so here. Moreover, CCP 12...

Excerpt: ...gs:Matter on the Discovery calendar for Tuesday, July 11, 2023, Line 3, (to be heard at 1:30 p.m. by Judge Pro Tem Scott Borrowman) 2 - PLAINTIFFS PEBBLEBROOK HOTEL, LP, PEBBLEBROOK HOTEL TRUST, SERENITY NOW, LP, A DELAWARE LIMITED PARTNERSHIP, LET IT FLHO, LP, A DELAWARE LIMITED PARTNERSHIP, GEARY DARLING, LP. A DELAWARE LIMITED PARTNERSHIP, SF TREAT, LP, A DELWARE LIMITED PARTNERSHIP'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORI...

Excerpt: ...Undertaking. WSJ, LLC 's motion to require out-of-state plaintiff to file a CCP 1030 bond is denied. "To obtain an order requiring such bond, defendant must show a 'reasonable possibility' that it will prevail at trial, and a detailed estimate of the costs it is likely to incur." (Weil & Brown, Cal. Practice Guide: Civ. Proc. Before Trial, 11:280.2.) At minimum, WSJ fails to show the latter; the Fisher declaration is insufficient. For the 9:30 a....

Excerpt: ...ment for a negligent breach of fiduciary duty is met, there are no triable issues of material fact and defendants have no defenses. (Not., 10-17.) Cross-Defendants negotiated a settlement agreement for cross-complainants which included "crucial" terms that an independent board would be implemented and or the matter would proceed to trial. (MPA, 2:28, 3:1-2.) The language of the settlement agreement reads as follows: "The parties agree to explore ...

Excerpt: ...ontract between Plaintiff Lianette Hollie and the dealership Hanlees Hilltop Nissan under equitable estoppel. under equitable estoppel, a nonsignatory defendant can compel a signatory plaintiff to arbitrate its claims when the causes of action against the nonsignatory are "intimately founded in and intertwined with' the underlying contract obligations. (Ford Motor Warranty Cases (2023) 89 Cal.App.5th 1324, 1333-34.) The 'fundamental point' of equ...

Excerpt: ...ed show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law." (CCP sec. 437c(c).) The moving party has the initial burden of production to show the nonexistence of any triable issue of material fact; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own to show the existence of a triable issue ...

Excerpt: ...A., Inc.) motion to compel arbitration is denied. The Federal Arbitration Act (FAA) makes agreements to arbitrate "valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract." (AT&T Mobility LLCv. Concepcion (2011) 563 U.S. 333, 336; 9 U.S.C. sec. 2.) The arbitration provision contained within the car's sales contract is governed by the FAA. (See Myers Decl., Ex. A at p. 7.) Plainti...

Excerpt: ... Pursuant to the parties' agreement, the motion to strike is granted without leave to amend as to the following: 1. Page 6 between lines 8-9, which states: "defendants willfully and/or maliciously and/or in conscious disregard of plaintiffs rights failed and/or refused to do so"; 2. Page 6, line 11, which states: "callously"; 3. Page 6 between lines 11-12, which states: "selfish purposes"; 4. Page 6, line 13, which states: "punitive damages" and ...

Excerpt: ...by a contract. In it, the parties agreed that courts in San Francisco would have "exclusive jurisdiction' cwer "any dispute or lawsuit arising out of" the contract. (See Jaworski Decl., Ex. E.) For decades, the courts have validated such selection clauses. (Smith, Valentino & Smith, Inc. v. Superior Court (1976) 17 Cal.3d 491, 495-496.) Defendants do not dispute this, but argue that the contract language does not give this court personal jurisdic...

Excerpt: ...compel arbitration of Plaintiffs (Maximillian Jones) individual PAGA claims is granted. Plaintiffs representative PAGA claims are ordered stayed pending arbitration of the individual PAGA claims. (9 U.S.C. sec. 3.) The Federal Arbitration Act (FAA) makes agreements to arbitrate "valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. ' (AT&T Mobility LLC v. Concepcion (2011) 563...

Excerpt: ...quirements 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 te...

Excerpt: ...equately pleads the elements of an Unruh Act claim. (CACI 3060.) Plaintiff alleges she is disabled and defendants denied her full and equal access to public space in their condominium building by a series of unsafe and/or illegal conditions. (See, e.g., Cmplt. at 1:21-4:23, 6:28-18:8, 22:11-22, 27:22-23.) Where ADA- mandated access is at issue in an Unruh Act case, intentional discrimination is not required. (Munson v. Del Taco, Inc. (2009) 46 Ca...

Excerpt: ...ted. The court severs the cause of action for writ of mandamus against the Commissioner of the Department of Insurance and directs the Clerk of the Court to assign a new case number to that claim. Plaintiff's claims for breach of contract and breach of the implied covenant of good faith and fair dealing will proceed under the existing case number (CGC-23-605589). For the reasons below, the court denies defendant's request to transfer the breach o...

Excerpt: ...February 27, 2023, the court issued an order stating that defendant's moton was "denied." (Order Denying Arbitration, 1:26.) The motion was not denied "without prejudice" and therefore, defendant needs to comply with the prerequisites of CCP IW8(b) for this renewed motion. Defendant fails to meet its burden. Defendant fails to demonstrate new facts or diligence. (Even Zohar Construction & Remodeling, Inc. v. Bellaire Townhouses, LLC (2015) 61 Cal...

Excerpt: ...ite Inspection And Request For Monetary Sanction. 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. If all parties to the motion sign the stipulation, the hearing will p...

Excerpt: ...d As Anneta Realty Group, Lp) For Entry Of Dismissal Of Action Defendant ANNETA REALTY CORP.'s motion to dismiss is denied. Defendant can file this motion since it is not in default. Plaintiff defaulted a defunct entity-"Anneta Realty Group, LP". (Luthin Decl., par. 14, Ex. 10.) Plaintiff filed this action on March 2, 2021. On June 29, 2021, plaintiff filed an amended complaint that added movant's prior iteration as a defendant. On August 25, 202...

Excerpt: ...ie Declaration: Exhibit A (Plaintiff's Complaint); Exhibit B (Plaintiff's Preliminary Fact Sheet); and Exhibit C (Defendant's Answer to Plaintiff's Complaint). The Court considered Exhibits D through I and Exhibits K through L in the Ketchie Declaration. The Court sustains Plaintiff's objections to Exhibit J in the Ketchie Declaration (relevant portions of the Deposition Transcripts of Richard Bergeron, Defendant's Corporate Representative) and P...

Excerpt: ...IVE RULING ONLY, PART 2 OF 2) Second, even if there had been more substantial meet and confer efforts, the relief that Plaintiff seeks would not be justified. Plaintiff seeks to disqualify Defendant's counsel, vacate a prior award and obtain a substantial award of sanctions. None of this extraordinary relief would be justified to sanction disagreements about the adequacy of responses to written discovery, where there has been no prior order to co...

Excerpt: ...'s bank account, to which he complied. Both sides claim they were not hacked and point blame at the other. Defendant now asks that the motion to enforce settlement be denied because "it is not clear which party is most greatly at fault" according to the unreported case Meritdiam, Inc. v. Facets Fine Jewelry, LLC, 2015 WL 12660377 (C.D. cal. Apr. 27, 2015). However, Meritdiam is not persuasive on these facts. Defendant fails to cite any relevant c...

Excerpt: ...rdell, 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 heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same ...

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

Excerpt: ...ed an order stating: "NY Life's motion to change venue based upon the convenience of the witnesses and ends of justice is denied." (2:22-23.) NY Life points to no portion ofthat order or citation to the reporter's transcript from the oral argument where the court denied the motion "without prejudice." Therefore, NY Life is required to comply with the prerequisites of CCP 1008(b) for this renewed motion. NY Life fails to meet fts burden. First, th...

Excerpt: ...y of great liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial, this policy should be applied only where no prejudice is shown to the adverse party." (Atkinson v. Elk Corp. (2W3) 109 Cal.App.4th 739, 761.) Prejudice exists where the amendment would result in a delay of trial along with added cost of preparation and increased burden of discovery. (Edmon & Karnow, CALIFORNIA PRACTICE GUIDE...