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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...oses of Civil Code 3294(c)(1) and no case construing that subsection holds to the contrary. Any party who contests a tentative ruling must send an email to [email protected] with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. Counsel for Mr. Gomes is required to prepare a pr...

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

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