Excerpt: ...34;MAPP") Rules. Delta contends that they are part of the parties' agreement and are not reasonably subject to dispute. (Evid. Code, § 452(h); Delta's Request for Judicial Notice, 1:5‐10.) However, the court cannot take judicial notice of a private contract where the parties dispute its terms or applicability. (See Gould v. Maryland Sound Industries, Inc. (1995) 31 Cal.App.4th 1137, 1145 ["we hold the existence of a contract be...

Excerpt: ... $5,940. [For Entry Of Tentative Ruling <0050004500480055000300 000f0003002f004c0051[e 3, DEFENDANTS ADAMAS BUILDERS INC., TONY DIGIORNO, ADAMAS DEVELOPMENT, LLC, UNION AND POLK PARTNERS, LP, ANDREW BROUGHTON's Motion 1-To Compel Plaintiff Keehae Park's Appearance For Deposition, 2-To Compel Further Answers At Ms. Park's Deposition, 3-To Limit Plaintiff's Counsel To Objections Based On Privilege, And 4-For Monetary Sanctions Again...

Excerpt: ...c., § 439.) Defendant's main argument is that the alleged oral agreement is barred under the statute of frauds. (Code Civ. Proc., § 1624.) Plaintiff did not respond to this argument in its opposition. A contract that by its terms is not to be performed within a year from the making is invalid, unless in writing. (Code Civ. Proc., § 1624, subd. (a); see Lacy v. Bennett (1962) 207 Cal.App.2d 796, 809 ["The terms of the oral agreement may...

Excerpt: ...suant to a jury award was entered against defendant Sally Liu in the total amount of $48,967.00. On the same date, the Court granted plaintiffs' motion for attorney's fees and costs against defendant pursuant to San Francisco Rent Ordinance section 37.10B, which provides, "a prevailing party shall be entitled to reasonable attorney's fees and costs pursuant to order of the court." The award was in the amount of $22,750 for att...

Excerpt: ...rrowman, 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: ... cause of action for quantum meruit is denied. "[A]s a matter of law, a quasi-contract action for unjust enrichment does not lie where, as here, express binding agreements exist and define the parties' rights." (California Medical Association, Inc. v. Aetna US Healthcare of California, Inc. (2001) 94 Cal.App.4th 151, 172 [trial court properly sustained without leave to amend demurrer to quasi-contract claim for reasonable value of ser...

Excerpt: ...r. Pro Tem Judge Maxwell Pritt, 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 deci...

Excerpt: ...d to allege alter ego liability. The court previously overruled defendant Javelin Logistics Company, Inc.'s demurrer because plaintiff alleges facts regarding successor liability. (First Amended Complaint, Paras. 31‐34 and 38; McClellan v. Northridge Park Townhome Owners Ass'n, Inc. (2001) 89 Cal.App.4th 746, 753 [successor corporation can be liable where "the transaction amounts to a consolidation or merger of the two corporations&...

Excerpt: ...is conditional consent was vitiated when defendant physician did not communicate all the information necessary to consent to surgery. (See Compl. 39‐40, 63‐66.) The allegations do not support a claim for battery against Dr. Cinar and Dr. Hirose because plaintiff does not allege that his consent was predicated upon any condition. When a doctor fails to meet his due care duty to disclose pertinent information, the action should be pleaded in ne...

Excerpt: ...dentified in the Court's orders sustaining demurrers to those complaints with leave to amend. The claims for defamation alleged in Paragraphs 12, 13, 17, and 18 of the SAC are time‐barred. (Code Civ. Proc. § 340(c).) Those claims also fail to allege with specificity the words which constituted the alleged defamation, as do the undated (and unauthorized) allegations of slander in paragraphs 15 and 16. The claim for alleged slander in Paragr...

Excerpt: ...f Veronica McCluskey's motion to lift stay, which the Court granted by order dated August 8, 2019, was both factually and legally frivolous. In particular, the Court finds that plaintiff's contention that defendants were in "default" in the arbitration proceedings was entirely lacking in either evidentiary or legal support. In fact, as set forth in the order, and as was fully known to plaintiff's counsel, the American Arbitrat...

Excerpt: ...nate the risk of inconsistent factual determinations that could prejudice the insured, a stay of the declaratory relief action pending resolution of the third party suit is appropriate when the coverage question turns on facts to be litigated in the underlying action." (Montrose Chemical Corp. v. Superior Court (1993) 6 Cal.4th 287, 301.) Although the classic case under Montrose is a situation where an insurer can undermine the defense of its...

Excerpt: ... bringing a legal action or proceeding against any other party arising out of or relating to this Agreement must bring the legal action or proceeding in the United States District Court for the District of Utah or in any court of the state of Utah sitting in Salt Lake City." Further, all parties waived any objection "to the laying of venue of any legal action or proceeding arising out of or relating to this Agreement brought in any court ...

Excerpt: ...ed 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 § 3294(c)(1).) Abs...

Excerpt: ...7c(f)(1); see Catalano v. Superior Court (2000) 82 Cal.App.4th 91, 92 ["a claim for punitive damages is one of the substantive areas which is properly the subject of a motion for summary adjudication."].) In general, punitive damages may be awarded on a claim for intentional discrimination in an appropriate case. (See Weeks v. Baker & McKenzie (1998) 63 Cal.App.4th 1128, 1147‐1148 ["The FEHA does not itself authorize punitive damage...

Excerpt: ...gues that Defendant waived its right to compel arbitration. Determination of waiver is a question of fact, not to be lightly inferred. (St. Agnes Medical Center v. PacifiCare of California (2003) 31 Cal.4th 1187, 1195.) The party who resists arbitration carries a heavy burden of proof and doubts regarding a waiver allegation should be resolved in favor of arbitration. (Id.) As Plaintiff acknowledges, courts consider the following factors when det...

Excerpt: ...nt facts to support a claim under the unfair and unlawful prongs. With regard to a fraud prong claim, "[m]ost courts have concluded that Plaintiffs must allege their own reliance on the alleged misrepresentations, rather than the reliance of third parties." (Taxi Coop., Inc. v. Uber Techs., Inc., 114 F.Supp.3d 852, 866 (N.D. Cal. 2015).) Plaintiff cannot do so in this case. An unfair and unlawful prong claim does not employ the same relia...

Excerpt: ...laim against CCSF and plaintiff fails to highlight a statutory basis to support the claim in compliance with Gov't Code § 815. In C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 865‐866, the California Supreme Court found that a school district may be vicariously liable under Gov't Code § 815.2 for the negligent supervision of its administrators despite the restrictions of the California Tort Claims Act. Accordi...

Excerpt: ...Discovery Requests, And For Sanctions (part 1 of 2) 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 ...

Excerpt: ...ckholders (Corp. Code §309(a)), but Lujan cites no authority holding that such a duty is owed to a co‐director. Lujan's reliance on PMC, Inc. v. Kadisha (2000) 78 Cal.App.4th 1368 is misplaced; a director's liability for his tortious acts to third parties does not support the existence of a fiduciary duty to a co‐director. Lujan's claims for indemnity and contribution are time‐ barred by the two‐year statute of limitations. (...

Excerpt: ...ication (Part 2 Of 2 For Purposes Of Entry Of Tentative Ruling Only). (Continued from Part 1 of 2) Mr. Strateman's motion for summary adjudication is denied on the conversion, unjust enrichment, and accounting causes of action. The conversion and unjust enrichment causes of action can be based on the alleged improper salary draw. Defendant Jamie Strateman's motion for summary judgment is denied. As explained in the companion motion, defen...

Excerpt: ...eave To Amend. Plaintiff NextArts's motion for relief regarding this Court's order sustaining defendants' demurrer to complaint without leave to amend is granted on the conditions that plaintiff's counsel (1) file the first amended complaint within 5 days of the Court's order and (2) pay defendants $1,500 to reimburse them for the costs they incurred in filing the demurrer and attending the hearing. Plaintiff's counsel fai...

Excerpt: ...is sustained without leave to amend. Both causes of action in plaintiffs' first amended complaint are precluded by the doctrine of legislative immunity, which bars actions against judicial officers when they act in a legislative capacity. Because the Court previously set forth its detailed analysis of this ground in its July 10, 2019 order denying plaintiffs' motion for a preliminary injunction, and plaintiffs rest entirely on their prior...

Excerpt: ...en 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: ...le in the sale of bikes like the one that allegedly injured Ms. Goldblatt. They are granted leave to amend to add such allegations and to clarify how Velofix Holdings specifically is connected to the bicycle enterprise and how it owed a duty to Ms. Goldblatt. 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 r...