Excerpt: ...mitted In Support Of Opposition To Plaintiffs Motion For Summary Adjudication Under Seal. Defendant Bamdad Behnood's motion for a sealing order is denied without prejudice. Behnood moves to seal 16 documents related to a summary adjudication motion in their entirety. However, Behnood fails to make the showings that would allow the court to enter the express factual findings required. (CRC 2.550(d).) Two examples: CRC 2.550(d) requires showing...

Excerpt: ...d as to the negligence cause of action and denied as to the dangerous condition of public property cause of action. To maintain a cause of action under Gov't Code § 835 [dangerous condition of public property], plaintiff must show (1) that CCSF owned or maintained the property; (2) that the property was in a dangerous condition on the date of accident; (3) causation; (4) the dangerous condition created a reasonably foreseeable risk of the ki...

Excerpt: ...ly argues in the Instant Motion that Yelp as failed to comply with the Judge Schulman's Order. It is true that as of the time of the filing of the Motion, Yelp had not complied with Judge Schulman's Order. But this is because, as of the fling of the Instant Motion, on July 23, 2019, the action was stayed pending a decision by the California Court of Appeal. The Court of Appeal decided the issue on September 5, 2019, denying Yelp's req...

Excerpt: ...verage under the homeowner's policy's abuse exclusion. The moving papers only mention the "Molestation, Abuse or Corporal Punishment" exclusion in a footnote and there is no argument or adduced facts in the moving papers regarding how that exclusion applies in this case. The court concludes that the moving papers did not properly raise the issue regarding whether the abuse exclusion applies. Defendant fails to shift the burden on ...

Excerpt: ..."to the extent" a request seeks irrelevant or privileged documents are particularly problematic because it is not clear whether any documents are being withheld based on a claim of relevance or privilege. Any claim of privilege must be supported by a privilege log. CCP 2031.240(b)(2), (c)(1); Catalina Island Yacht Club v. Sup. Ct. (2015) 242 Cal.App.4th 116, 1130. Turning to the requests at issue. RFPs 1, 2, 3) Granted ‐ Roam shall supp...

Excerpt: ...e, 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 fax or consent to s...

Excerpt: ...prejudice. Defendant insurers were granted summary judgment against Motiva on August 26, 2019. Motiva has moved to seal essentially all of the "unredacted" summary judgment papers in their entirety, which would leave the public with access only to "redacted" versions of those papers. However, Motiva fails to make the showings that would allow the court to enter the express factual findings required. (CRC 2.550(d).) Two examples: C...

Excerpt: ...a pedestrian in a crosswalk, causing severe injuries." Plaintiff also alleges that defendant has multiple moving violations. Those allegations are insufficient to state a cognizable basis for an award of punitive damages. 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 gu...

Excerpt: ...igible allegations and evidentiary material purportedly giving rise to 18 different causes of action against Mr. Chandler, who owns a unit in a four‐unit building in which plaintiff Gurson S. Dang (who is representing himself in pro per) owns a second unit. Despite prior orders granting plaintiff leave to amend, the complaint still fails to allege facts sufficient to state any cause of action and is uncertain (ambiguous and unintelligible). The...

Excerpt: ...onably obtain evidence that he was exposed to asbestos‐ containing products or materials attributable to Defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) Defendant does not address Plaintiff's interrogatory response indicating that he purchased asbestos‐containing plumbers putty at Foster Lumber in Vallejo, California. (Defendant's Ex. C at 2; Scheiding v. Dinwiddie Constr. Co. (1999) 69 Cal.App.4th 64, 81 [the co...

Excerpt: ... 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 telephone, the stipulatio...

Excerpt: ...pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The Court declines to judicially notice the findings, conclusions, and decision of the hearing officer at the prior substitution hearing or Redwood's hearing brief in connection with that hearing. DPR has not shown that the factual findings in the prior Public Contract Code section 4107 hearing are properly ...

Excerpt: ...ptember 13, 2019 is granted, and the September 30, 2019 trial date is vacated. This action was filed on February 28, 2018. Hayden was first named in the second amended complaint filed on July 11, 2019, and was served on August 7, 2019. On September 6, 2019, Hayden retained counsel to represent it, who immediately contacted plaintiff's counsel and requested a 30‐day extension of time to respond to the complaint on its behalf, and also sugges...

Excerpt: ...e for the quality and nature of the work performed, and that not all of the time spent by plaintiff's counsel was "necessarily expended" to enforce defendant's liability under the Rosenthal Fair Debt Collection Practices Act. (Civ. Code § 1788.30(c).) This finding is based on the Court's review of the record and of counsel's time records, taking into account among other things counsel's expertise in the subject matter...

Excerpt: ...ions must have evidentiary support or are likely to have such support. The record shows that although the parties contemplated that Murry would become a shareholder in the future, going so far as to change the name of the firm and enter into an interim stock purchase agreement, at all times the law firm was a professional corporation and Murry never actually became a de jure shareholder. (Cohorn Decl., Exs. A ‐ E.) The corporate minutes, signed...

Excerpt: ...llegations of fact in the complaint as well as facts which may be inferred from those expressly alleged. (Mez Industries, Inc. v. Pacific Nat. Ins. Co. (1999) 76 Cal.App.4th 856.) Defendant improperly alleges facts regarding Bhawana Thai Massage, LLC, that are not found in the SAC and as to which defendant has not properly sought judicial notice. (See Code Civ. Proc., § 430.70; Cal. R. Ct. 3.1306(c).) Plaintiff was granted leave to amend in orde...

Excerpt: ...ts' demurrer to the fraud cause of action. Defendants' motion to strike plaintiff's request for attorney's fees is denied. Code of Civil Procedure § 1021.5 authorizes an award of attorney's fees to successful parties in actions that have "resulted in the enforcement of an important right affecting the public interest." It is essential to such an award that "a significant benefit, whether pecuniary or nonpecuniary,...

Excerpt: ...Caritas notes, plaintiff Anthony Videau's opposing separate statement does not comply with CRC 3.1350. The document improperly excludes Caritas' evidentiary citations and largely fails to cite opposing evidence to try to create triable issues. This alone is "sufficient ground" to grant the motion. (CCP §437c(b)(3).) But Videau's claims also fail on the merits. Videau signed on‐duty meal period agreements on May 18, 2012, Au...

Excerpt: ...f California, Inc.'s Motion for Summary Judgment is denied. Defendant withdrew its motion as to summary adjudication on punitive damages. Defendant failed to sustain its initial burden of demonstrating that plaintiff does not possess and cannot reasonably obtain evidence that Plaintiff Richard Travalini was exposed to asbestos‐containing products or materials attributable to Defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 82...

Excerpt: ...vil Procedure § 430.10(c) is overruled. Such a plea in abatement requires an "absolute identity of parties [and] causes of action." (Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 788; Childs v. Eltinge (1973) 29 Cal.App.3d 843, 848 ["a demurrer may be sustained on the ground that another cause of action is pending only when the parties in the two cases are identical and the cause of action and issues in the two ...

Excerpt: ...9;s December 11, 2018 Code of Civil Procedure section 998 offer, which plaintiff accepted on January 15, 2019, defendant offered "to pay reasonable costs, expenses and attorney's fees based on actual time expended pursuant to Civil Code section 1794(b) as stipulated by the parties or, if the parties cannot agree, upon motion to the Court having jurisdiction over this action." (Cutler Decl., Ex. 4.) Despite the emphasized language, pla...

Excerpt: ... the duty to defend that render Brandt fees recoverable. Pleading the ultimate facts of intentional wrongdoing coupled with pleading of the statutory requirements for punitive damages suffices to support a claim for punitive damages. (Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 7.) 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...

Excerpt: ...n 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 fax or consent to sign given ...

Excerpt: ...onetary Sanctions. 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 sign the stipulation, the hearing will proceed before the Judge Pro...

Excerpt: ...RC 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 telephone, the stipulation ...