Excerpt: ...s's maximum recovery (Szamet Decl. 46‐58), the bases for the assessment are not clearly explained, and in some cases appear to be inconsistent or contradictory. For example, plaintiff asserts that through the data produced by defendant he determined the total tips received was $91,405.21 and contends that 60% of this amount, or $54,832.12, was unlawfully diverted from class members, but asserts without explanation that the tip deduction claim w...

Excerpt: ...ll 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 Court Judge. If a party appe...

Excerpt: ...while on a 3rd Street sidewalk in October 2015. (Cmplt. p. 4.) To prevail on his dangerous condition of public property claim, James must prove that the City either created the condition or had actual or constructive notice of it in sufficient time to take protective measures. (Gov. Code §835.) No evidence indicates that anything the City did ‐ as opposed to, e.g., a traffic accident ‐ created the condition. Further, the City's 311 database ...

Excerpt: ....) Klausner seeks to evict long-time tenants Aimee and Lorin Tsao. (Id. at 2.) Klausner's friend James Van Buskirk is another long-time tenant. In her trust, Klausner granted Van Buskirk a lifetime tenancy in return for monthly rent at half the market rate. (Collier Dec. Ex. 1.) Klausner is now trying to take the property off the rental market under the Ellis Act (Gov. Code §7060 et seq.). But the Act requires that all accommodations at a proper...

Excerpt: ...printers are used with the styrene‐based filaments. (See FAC 1‐2 [alleging that defendants' 3D printers are "intended to be used with filaments incorporating a styrene monomer"].) The truth of the allegation that 3D printers do emit or release toxins into the environment is not a question to be decided on a motion to strike. The court finds the FAC properly alleges Monoprice's 3D printers are subject to the warning requirements of Proposition...

Excerpt: ...d without leave to amend. The closed session of the May 28, 2020 meeting of a Subcommittee of the Committee of Bar Examiners concerning the grading of an individual's California bar examination that is the subject of the complaint is exempt from the open meeting requirements of the Bagley‐Keene Act. As the Court explained in its May 28, 2020 order denying plaintiff's application for a TRO and OSC re preliminary injunction, the Act shall not be ...

Excerpt: ...gations in the first cause of action for breach of contract are stricken. "Punitive or exemplary damages . . . are available only in actions for breach of an obligation not arising from contract. In the absence of an independent tort, punitive damages may not be awarded for breach of contract 'even where the defendant's conduct in breaching the contract was wilful, fraudulent, or malicious." (Cates Construction, Inc. v. Talbot Partners (1999) 21 ...

Excerpt: ... is clear that an owner/landlord and tenant in possession owe a duty to maintain their premises in a reasonably safe condition per Civil Code § 1714. (See Alcaraz v. Vece (1997) 14 Cal.4th 1149, 1156 ["This duty to maintain land in one's possession in a reasonably safe condition exists even where the dangerous condition on the land is caused by an instrumentality that the landowner does not own or control."]; Portillo v. Aiassa (1994) 27 Cal.App...

Excerpt: ...$116,394.04 in attorneys' fees and $7,426.51 in costs. This award represents a 0.7 negative multiplier on counsel's lodestar of $143,042.50 (Ms. Herrington) and $23,235.00 (Derby, McGuinness & Goldsmith, LLP). The Court finds that the amount awarded represents a reasonable amount in light of all of the facts and circumstances. The case did not require any briefing or hearing on pleading motions or motions for summary judgment/adjudication, involv...

Excerpt: ... Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38.) While the City is correct that it is immune from general claims of negligence, Plaintiff sufficiently states a cause of action for a dangerous condition of public property under Government Code § 835, including alleging that the City had actual or constructive notice of the unsafe condition but negligent failed to remedy or warn of it despite having sufficient time to take corrective ...

Excerpt: ... they may give rise to double or multiple liability, may bring an action against the claimants to compel them to interplead and litigate their several claims." (Code Civ. Proc., § 386.) "Although section 386 has broadened the scope of the interpleader remedy, it is still required that the claimants seek the same thing, debt, or duty . . . the very rationale of interpleader compels the conclusion that section 386 does not allow the remedy where e...

Excerpt: ...man'S Oral Order During Ex Parte Hearing Held On 6/30/20). Defendant PG&E's demurrer to the fourth cause of action for wrongful termination (Labor Code § 1102.5) is overruled. Plaintiff alleges sufficient facts that defendant terminated him because he was poised to report defendant's safety violations. (See Second Amended Complaint, pars. 88‐108; Diego v. Pilgrim United Church of Christ (2014) 231 Cal.App.4th 913, 923‐924, 929 [Labor Code §...

Excerpt: ...ust clearly and affirmatively appear on the face of the complaint; it is not enough that the complaint shows merely that the action may be barred." (McMahon v. Republic Van & Storage Co., Inc. (1963) 59 Cal.2d 871, 874; Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McCort (2001) 91 Cal.App.4th 875, 881.) Li contends that this claim is time-barred because plaintiff was on inquiry notice of Li's alleged negligence in May 2018 when plaint...

Excerpt: ...NAL, LTD., WILLIAM F. DOVE, WILLIAM FOX, J.R., WILLIAM HITSELBERGER, MICHAEL LEE, HERBERT LEMMER, ELLIOT OROL, WILLIAM ROBBIE, JAMES ROBERTS, STEVEN SCHUSTER, ROBERT SMITH, JAN VAN GORDER, AUSTIN YOUNG, III, MEGHAN ZEIGLER, GEORGE KARFUNKEL, LEAH KARFUNKEL, ESTATE OF MICHAEL KARFUNKEL, BARRY ZYSKIND, MICHAEL KARFUNKEL FAMILY 2005 TRUST, MICHAEL KARFUNKEL 2005 GRANTOR RETAINED, AMTRUST FINANCIAL SERVICES, INC.'s Application For Order To Show Cause...

Excerpt: ...compel arbitration and stay is granted. Dealer establishes that plaintiffs entered into binding arbitration agreements that cover both the Kia and Honda controversies. Plaintiffs' allegations in the Amended Complaint show that plaintiffs agreed to arbitrate the Kia controversy. (Amended Complaint, pars. 9, 10, 78 and Ex. A [MVRIC].) The Amended Complaint further shows that plaintiffs agreed to arbitrate the Honda controversy. (Amended Complaint, ...

Excerpt: ...mages is improper, as this is an action for damages arising out of the alleged professional negligence of a health care provider and Plaintiff did not seek an order under Code of Civil Procedure section 425.13 allowing the filing of an amended pleading that includes a claim for punitive damages. Contrary to Plaintiff's argument, section 425.13 is not inapplicable when a plaintiff seeks punitive damages for intentional torts allegedly committed by...

Excerpt: ...pt from the Federal Arbitration Act," because Uber drivers are a "class of workers engaged in foreign or interstate commerce." (9 USC §1.) However, well‐reasoned Northern California federal decisions have recently held that Uber and Lyft drivers are not exempt classes under 9 USC §1. (Capriole v. Uber Technologies, Inc. (N.D. Cal. 2020) WL 2563276; Rogers v. Lyft, Inc. (N.D. Cal. 2020) WL 1684151.) I adopt those decisions' analyses and conclu...

Excerpt: ...to compel defendants to: (1) immediately dismantle all eight (8) cameras and remove the video surveillance system from the Property, and further enjoin Defendants from installing any recording device of any kind, whether audio or visual, on the Property; (2) immediately discontinue any and all work performed on the Property until the Association has provided approval in accordance with the CC&Rs and Bylaws, including removal of the "false" job ca...

Excerpt: ...ing this writ of mandamus case, the parties agreed that plaintiffs may seek attorney fees and costs related to the first and second causes of action, which regarded the California Public Records Act. (See Govt. Code §6259(d).) However, the parties also agreed that plaintiffs are "not entitled" to attorney fees or costs related to the third, fourth and/or fifth causes of action, which regarded plaintiffs' "due process rights." Thus, to determine ...

Excerpt: ...osition Testimony And Production Of Documents By Plaintiff Peter Klapper. ***Unredacted***. Pro Tem Judge Rebecca Grey, 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 moti...

Excerpt: ...laintiff's argument that this demurrer is untimely. On February 26, 2020, this court took Defendants' demurrer off calendar for failure to comply with the meet and confer rules under the Code of Civ. Proc, and gave Defendants until March 26 to file their responsive pleadings. As a result of the COVID-19 pandemic, however, the Presiding Judge's General Order deemed the period from March 18 through June 1 to be court holidays for purposes of calcul...

Excerpt: ...as the victim of an intentional assault and sexual battery by Yonas Girme and Feleke Gebregiorgis, whom she alleges were employed by the moving defendants, and that she had reported a similar prior incident by one of them to defendants, but they failed to take any action. Civil Code section 3294(b) provides, "An employer shall not be liable for [punitive] damages . . . , based upon acts of an employee of the employer, unless the employer had adva...

Excerpt: ...LLC, T8 Urban Condo Owner, LLC and T8 Housing Partner, LP's motion for an order pursuant to Code of Civil Procedure § 638 for appointment of a referee to hear and determine all of the issues in the action, whether of fact or law, and to report a statement of decision is granted. (Code Civ. Proc. § 638(a); Cal. R. Ct. 3.901; O'Donoghue v. Superior Court (2013) 219 Cal.App.4th 245, 265-269 [trial court properly exercised its discretion in grantin...

Excerpt: ... court's order, he pay plaintiff $1,000 and file an answer. If either condition is not complied with, the default will remain in effect, and plaintiff may proceed with the scheduled July 21 prove‐ up hearing. The process server swears that on January 15, 2020, he personally served Mr. James. (Klein Decl. 3.) Defendant claims that the process server left the papers with his eight‐year‐old daughter. (James Decl. 6.) The record shows that on F...

Excerpt: ...osition Subpoena For Production Of Business Records.(part 1 of 2) Pro Tem Judge Steven Stein, 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, t...