Excerpt: ...h is included in the 2014 Transportation Agreement, expressly provides that the parties' agreement is subject to the FAA. (Seguerra Decl., 12, 14 & Ex. B (SCS 029) ["Except as provided in this Agreement, the Federal Arbitration Act shall govern the interpretation, enforcement, and all proceedings pursuant to this Agreement"].) Section 1 of the FAA provides that "nothing herein contained shall apply to contracts of employment of seamen, railroad e...

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

Excerpt: ...er 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 authority ...

Excerpt: ...his conversion cause of action is granted. On February 10, 2020 this court granted plaintiff's motion for first set of requests for admission to be deemed admitted. Defendants' counsel has not filed a noticed motion seeking to withdraw or amend any admissions. (See Code Civ. Proc., § 2033.300, subd. (a); see also § 2033.410, subd.(a) [Any matter admitted in response to a request for admission is conclusively established against the party making...

Excerpt: ...overruled. Demurrer 3. The plain language of plaintiff's owner move‐in (OMI) notice represents that there is a "30‐day" deadline for seeking "additional relocation costs." Plaintiff concedes that no such deadline exists and that the OMI notice's "phrasing" was "inartful." Defendants need not ultimately have been misled to make plaintiff's language unlawful. This demurrer is sustained. Demurrer 4. An OMI notice is required to provide a copy of...

Excerpt: ...0‐day time period of Code of Civil Procedure § 425.16(f) from service of the original complaint. Plaintiff served the original complaint on 1/31/20. The time period from 3/18/20 ‐ 6/1/20 was deemed a holiday by the Presiding Judge because of the COVID ‐19 pandemic and defendant's time to file this motion was tolled during that time. (4/30/20 Presiding Judge Order, pg. 2.) Based on the tolling, defendant timely filed this motion on 6/9/20. ...

Excerpt: ...ainst Defendant Encore Karaoke Lounge, Llc And Its Attorney, R. Wesley Pratt, Esq. 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 motion may be heard by the Pro Tem Judge. If all parties to the motion sig...

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

Excerpt: ...Sutter Bay Medical Foundation's motion to strike punitive damages from the complaint is denied. Plaintiff alleges that she was 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 sha...

Excerpt: ...or Homeowner's Association's motion to quash is granted. On March 9, 2020, plaintiff added movant as Doe 1. The amendment was improper because the operative pleading (Fifth Amended Complaint) has no Doe allegations and plaintiff did not comply with Code of Civil Procedure § 474. "It has long been the rule that an amended complaint that omits defendants named in the original complaint operates as a dismissal as to them." (Fireman's Fund Ins. Co. ...

Excerpt: ...nance is required, Plaintiffs complied with those requirements. Defendants' various attacks on the wording of the notice of termination of tenancy lack merit. (See Naylor v. Superior Court (2015) 236 Cal.App.4th Supp. 1 [rejecting argument that owner was required to provide notification of tenant's re-rental rights against successor owners; "petitioners ask us to interpret the rent ordinance to require an obligation on the part of owners that its...

Excerpt: ...joyment of property; (2) that interference caused the plaintiff to suffer substantial actual damage; and (3) the interference was unreasonable. (Wilson v. Southern California Edison Co. (2018) 21 Cal.App.5th 786, 802, citing San Diego Gas & Electric Co. v. Superior Court (1996) 13 Cal.4th 893.) In the Court's prior March 10, 2020 Order, plaintiff was granted leave to amend his complaint to allege that an ordinary person would reasonably be annoye...

Excerpt: ...fees, and fees for electronic filing or service in the total amount of $1,547.80. Plaintiff moves to tax $560 in filing and motion fees related to defendant's motions to compel arbitration, arguing that those costs do not relate to the non‐arbitrable claims on which the court granted judgment. Plaintiff's motion to tax is denied. As the prevailing party in this action, defendant is entitled as a matter of right to recover all of its costs in th...

Excerpt: ... cannot with reasonable diligence" be served in any specified manner other than publication then "[t]he court shall order the summons to be posted on the premises in a manner most likely to give actual notice to the party to be served and direct that a copy of the summons and of the complaint be forthwith mailed." (Code Civ. Proc. § 415.45(a)‐(b); see generally Board of Trustees of Leland Stanford Junior University v. Ham (2013) 216 Cal.App.4t...

Excerpt: ...ts. "[I]f there is a mandatory forum selection clause, the test is simply whether application of the clause is unfair or unreasonable, and the clause is usually given effect." (Berg v. MTC Electronics Technologies (1998) 61 Cal.App.4th 349, 358.) The Exercise Agreement contains a clause stating there is "exclusive jurisdiction of any state or federal court sitting in the State of Delaware for the purpose of enforcing any provision of this Agreeme...

Excerpt: ...its prior order, the court struck the punitive damages allegations on the ground that they did not rise to the level of despicable conduct carried on by the defendant with a willful and conscious disregard for the rights or safety of others. Plaintiff now adduces additional facts that she contends establish that defendants were on notice for several years of dangerous conditions on its property, were aware that those conditions had caused numerou...

Excerpt: ...c agency or officer is properly brought "in the county in which the cause, or some part of the cause, arose." (Code Civ. Proc. § 393(b).) The cause of action normally arises wherever the petitioner would be injured by the state action complained of, e.g., where the plaintiff resides or does business. "A cause arises in the county where the effects of the administrative decision are felt, not where the agency signs the challenged order or takes t...

Excerpt: ...uled. Medical battery occurs when a physician performs a medical procedure or treatment without the patient's consent or performs a procedure that is substantially different from the one consented to. (Cobbs v. Grant (1972) 8 Cal.3d 229, 239 [medical battery occurs where "a doctor obtains consent of the patient to perform one type of treatment and subsequently performs a substantially different treatment for which consent was not obtained"]; Saxe...

Excerpt: ...ine, and fifteen. As noted in the companion demurrer, cross-complainants sufficiently allege alter ego liability against Litz and the cited agreements are sufficiently alleged. The demurrer to the tenth cause of action for breach of fiduciary duty is overruled. Litz fails to demonstrate that the claim needs to be brought as a derivative action. Paragraphs 169-179 allege that Litz is the managing member of the LLC and that he has been abusing that...

Excerpt: ....) "Defamation is the intentional publication of a statement of fact that is false, unprivileged, and has a natural tendency to injure or that causes special damage." (Grenier v. Taylor (2015) 234 Cal.App.4th 471, 486.) Paragraphs 16‐17 of the amended complaint plead timely defamation causes of action. Plaintiff is correct that when pleading a defamation claim, less particularity is required where the defendant presumptively possess full inform...

Excerpt: ...nts and cross- complainants Ozyilmazs' motion to consolidate is granted. Litz v. Ozyilmaz, CGC-19-580935 and FFGRG v. Ozyilmaz, CGC-19-581427 are consolidated for all purposes. The court designates Litz v. Ozyilmaz, CGC-19-580935 as the lead case and all future filings shall be made under Litz v. Ozyilmaz, CGC-19-580935. When ruling on a motion to consolidate the court considers the common issues of law and fact, timeliness, complexity of the cas...

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 au...

Excerpt: ...ss, LLC.'s motion for summary judgment or alternatively summary adjudication is denied in its entirety. Plaintiff fails to maintain its initial burden of production. First, the Equipment Finance Agreement (par. 5) and Guarantee expressly state that Washington law governs the parties' relationship. While the agreements give the "secured party" the option of commencing a collection action in a non‐Washington court, they do not provide that non‐...

Excerpt: ...burden via the factually devoid prong of Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 855. Plaintiffs' interrogatory responses restate their allegations and simply provide laundry lists of people and/or documents. (Andrews v. Foster Wheeler LLC (2006) 138 Cal. App. 4th 96, 107.) As to Plaintiffs' claim for false representation, Plaintiffs fail to provide specific evidence showing that a misrepresentation was made. As to Plaintiffs' ca...

Excerpt: ...laintiff leave to amend to plead a completely new cause of action in response to defendant's anti-SLAPP motion to strike. "[A] plaintiff cannot use an eleventh hour amendment to plead around a motion to strike under the anti-SLAPP statute." (Navellier v. Sletten (2003) 106 Cal.App.4th 763, 772-773 [allowing amendment in response to anti-SLAPP motion would undermine anti-SLAPP statute]; accord, Salma v. Capon (2008) 161 Cal.App.4th 1275, 1280, 129...