Excerpt: ...st set forth the elements stated in the general punitive damage statute, Civil Code section 3294, including allegations that the defendant has been guilty of oppression, fraud, or malice. (Civ. Code § 3294(a).) "Malice" is defined as conduct "intended by the defendant to cause injury to plaintiff, or despicable conduct that is carried on by the defendant with a willful and conscious disregard for the rights or safety of others." (Civ. Code § 32...

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

Excerpt: ... And Cross Complainants LIBERTY MUTUAL INSURANCE COMPANY, and THE OHIO CASUALTY INSURANCE COMPANY's Motion For An Order Of Contempt And Imposition Of All Appropriate Sanctions Against Subpoenaed Nonparty Law Firms Re Failure To Comply With December 23, 2019 Order Defendant and Cross‐ Complainant The Ohio Casualty Company's motion for an order of contempt and imposition of all appropriate sanctions against subpoenaed nonparty law firms re failur...

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

Excerpt: ... 2018) 2018 WL 2298431 at *8 [declining to award multiplier in Song-Beverly Act case where, among other things, case did not present novel or difficult questions of law or fact, there was no evidence that the nature of the litigation precluded other employment by the attorneys, and the contingent nature of the fee award was outweighed by the other factors]; Steel v. GMC (D.N.J. 1995) 912 F.Supp. 724, 746 ["the issues in lemon law litigation are n...

Excerpt: ...redential to act as a substitute teacher. EA's statements are admissible as a statement against interest because she was unavailable (EA asserted her Fifth Amendment privilege and refused to testify (RT 42:8-9)) and the statements opened her up to ridicule and public disgrace. (Evid. Code § 1230; see also RT 25:6-14 [Dr. Thompson's testimony regarding EA's statements].) Respondent found that EA, an uncredentialed person, worked 27 days at six di...

Excerpt: ...intiffs Employment Records; Request For Sanctions Against Defendant And Its Attorneys Of Record In The Amount Of 2750.00; Memorandum Of Points And Authorities; Declaration Of John A. Kawai 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 ...

Excerpt: ...ach of contract claim. In a 'mixed' action, in which some of the claims are at least potentially covered and the others are not, the insurer has a duty to defend as to the claims that are at least potentially covered?." (Buss v. Sup. Ct. (1997) 16 Cal.4th 35, 47.) It is not clear from the face of the complaint that none of the claims in the underlying action were covered by the insurance policies, and thus the cause of action is not susceptible t...

Excerpt: ...ary Sanctions The Pro Tem Judge has issued the following tentative ruling: Special Interrogatories #1‐4: Granted. All objections are overruled. Defendant to serve verified answers no later than March 27, 2020. Special Interrogatories #5: All objections are overruled. Current and former employees of defendant are potential percipient witnesses and their identities and locations are discoverable under CCP §2017.010. However, Plaintiff has agreed...

Excerpt: ...ier of fact could conclude that the parties orally agreed to the sale of stock on August 5, 2017. Jose Suarez so asserts. (Suarez Dec. 17; Kneafsey Dec. Ex. 32 (Suarez Dep. 102, 134).) And O'Brien sent August 5 and 17 e‐ mails stating that the parties "agreed" to the contract. (Id. at Exs. 19, 21.) O'Brien fails to show that the August 19, 2017 letter modified or superseded the oral agreement. (Fibreboard Paper Products Corp. v East Bay Union o...

Excerpt: ...latto pleads that she and Betabrand were "fiduciaries" because they "were in a joint venture." (FAC 19:18‐19.) However, as Betabrand notes, and Flatto concedes, an essential element of a joint venture is that the venturers share losses, and Flatto does not so plead. (Memo. 4:9‐ 14, citing Cislaw v. Southland Corp. (1992) 4 Cal.App.4th 1284, 1297; Opp. 9:8‐14, citing CACI 3712.) Based on her repeated failures to plead a fiduciary duty cause ...

Excerpt: ...IAU, ANTHONY AMBURN's Motion For Protective Order And For Appointment Of Discovery Referee And Request For Monetary Sanctions Against Plaintiff Jonathan Korzekwa And His Counsel Joseph S. May And The Law Office Of Joseph S. May By Defendant Encore Karaoke Lounge, Llc 1. Notice Of Motion And Motion For Protective Order And For Appointment Of Discovery Referee And Request For Monetary Sanctions Against Plaintiff Jonathan Korzekwa And His Counsel Jo...

Excerpt: ....) The court takes that allegation as true. (See CrossTalk Productions, Inc. v. Jacobson (1998) 65 Cal.App.4th 631, 635 ["A demurrer is treated as admitting all material facts properly pleaded"].) While the complaint also pleads similar allegations against the San Francisco Unified School District at 4, a plaintiff can plead alternative theories of liability. (See Adams v. Paul (1995) 11 Cal.4th 583, 593 [when a pleader is in doubt about what act...

Excerpt: ...miss Action Against Washington Street Homeowners Association For Failure To Timely Serve It Within (3) Years (Tentative Ruling 1 of 2) Specially appearing defendants' motion to quash service of summons and to dismiss action against Washington Street Homeowners Association is granted. The summons served on Leslie Zimmerman, Daniel Mulderry, and Mark A. Hagopian purported to serve those persons as individuals, yet they are not named as defendants, ...

Excerpt: ...s motion to compel arbitration and to stay the action is granted. The FAA applies to the parties' arbitration agreements. Page two of each arbitration agreement states "The arbitration provisions of this Agreement shall be governed by the Federal Arbitration Act." (Salazar Decl., Exs. A, B, & D.) Plaintiffs' UCL claim is arbitrable as it seeks private, not public, relief. The complaint alleges acts of unfair competition against plaintiffs alone. ...

Excerpt: ...ies, Inc. ("TCI")'s motion to quash for lack of personal jurisdiction is granted. "When a nonresident defendant challenges personal jurisdiction, the plaintiff must prove, by a preponderance of the evidence, the factual basis justifying the exercise of jurisdiction . . . The plaintiff must do more than merely allege jurisdictional facts; plaintiff must provide affidavits and other authenticated documents demonstrating competent evidence of jurisd...

Excerpt: ...ng On 1/31/20) Defendant Kitsia Guardado's motion to vacate the default of May 5, 2008 and default judgment of May 8, 2008 is denied. Defendant fails to maintain her burden under any of the cited bases for relief. Defendant is not entitled to relief under Code of Civil Procedure § 473.5 because the motion is untimely. Code of Civil Procedure § 473.5(a) provides: "The notice of motion shall be served and filed within a reasonable time, but in no...

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

Excerpt: ...he complaint does not allege facts sufficient to warrant the prayer. In order to state a prima facie claim for punitive damages, a complaint must set forth the elements stated in the general punitive damage statute, Civil Code section 3294, including allegations that the defendant has been guilty of oppression, fraud, or malice. (Civ. Code § 3294(a).) "Malice" is defined as conduct "intended by the defendant to cause injury to plaintiff, or desp...

Excerpt: ...s interest and to execute a deed of trust as to the property at 819 Ellis Street, and are prohibited from classifying their drivers as independent contractors. Rather than seek judgment in the form of a deed of trust on the property, plaintiff seeks judgment in the form of a court ordered sale, which goes beyond what was agreed to. "Although a judge hearing a [Code of Civil Procedure] section 664.6 motion may receive evidence, determine disputed ...

Excerpt: ...aragraph 25 of the fourth amended complaint to add factual allegations regarding an incident in 2015 in which he was allegedly threatened with a baseball by a coworker is granted as unopposed. Plaintiff has leave to file an amendment to the fourth amended complaint adding those allegations. The motion is otherwise denied. This action was originally filed on September 26, 2013, a fourth amended complaint was filed on May 6, 2019, and the court dec...

Excerpt: ...ve this court gave on September 11, 2019 is rejected. Defendant is correct that, in general, leave to amend by a court after sustaining a demurrer is limited to the cause of action at issue. (See People By and Through Dept. of Public Works v. Clausen (1967) 248 Cal.App.2d 770, 785‐ 86.) However, California has a liberal policy of allowing amendments to pleadings, and the court therefore will address the merits. Plaintiff adequately alleges a cl...

Excerpt: ...nd His Counsel, Robert Abel, Pursuant To Code Of Civil Procedure Section 128.7. Defendants Uber Technologies, Raiser, and Raiser‐CA's motion for sanctions against Plaintiff pursuant to Code of Civ. Proc. § 128.7 is denied. Under section 128.7, an attorney who "present[s] to the court, whether by signing, filing, submitting, or later advocating, a pleading, petition, written notice of motion, or other similar paper" certifies that it has legal ...

Excerpt: ...nt, a trial court must afford a strong presumption of correctness concerning the administrative findings, and the party challenging the administrative decision bears the burden of convincing the court that the administrative findings are contrary to the weight of the evidence." (Fukuda v. City of Angels (1999) 20 Cal.4th 805, 817.) In this case, petitioner has not met her burden and the court concludes that respondent did not abuse its discretion...

Excerpt: ... medical treatment in 2016 with respect to artificial insemination through in vitro fertilization. Defendant The Regents of the University of California (sued as UCSF Medical Center) filed a demurrer to the complaints and a motion to strike the prayer for punitive damages in each of those actions. Plaintiff did not file or serve a timely opposition to any of the demurrers or motions. Instead, Plaintiff untimely lodged with the court (but did not ...