Excerpt: ...nd To Increase Damages Claim Based On Subsequently Incurred Damages. Plaintiff Acme Integrated Services, Inc. 's motion for leave to amend its complaint is GRANTED. Defendant Top Line Engineers, Inc. ('ITLE") was the prime contractor to a public works project at the Bayshore CalTrain Staton. TLE subcontracted with ACME to provde scaffolding for the site. In February 2023, ACME began filing stop job notices with the public agency owner claiming TL...

Excerpt: ...r 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 a...

Excerpt: ...ain needed evidence of causation for the following reasons. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal.4th 825, 855.) First, Defendant does not show Decedent's deposition testimony is inadmissible in this case. (See Aguilar, supra, 25 Cal.4th at p. 851 [discussing role of trial burden of proof on summary judgment); Berroteran v. Super. Ct. (2022) 12 Cal.5th 867, 895 [discussing trial burden of proof regarding admissibility of deposition testimo...

Excerpt: ... (2006) 136 Cal.App.4th 604, 617 [denying discovery requestl.) Defendant fails to establish good cause for the discovery request. Perry denies the sexual assault charges and therefore, can establish falsity to support the defamation claims without information from Rogers. Perry is also privy to a text where Rogers allegedly stated that she "hates" Perry. (Moving points and authorities ("MP&A"), 2:11-12; Rogers Decl., Ex. A (10/26/23).) Conducting...

Excerpt: ...717 prevailing party is denied. In this construction defect action, plaintiff won a motion to compel arbitration in San Francisco of its dispute with Winco Window Co. Winco's simultaneous moton to compel arbitration in Missouri was declared moot. Plaintiff now seeks attorney fees for the two motions. The opinion plaintiffs memorandum primarily relies on - Otay River Constructors v. San Diego Expressway (2008) 158 Cal.App.4th 796 - is inapposite. ...

Excerpt: ...ees and costs is denied. (CCP 396b(b).) CCP 395(b) applies to "an achon arising from an offer or provision of goods, services, loans or extensions of credit intended primarily for personal, family or household use " The case shall be venued in "the superior court in the county where the buyer or lessee in fact signed the contract, where the buyer or lessee resided at the time the contract was entered into, or where the buyer or lessee resides at ...

Excerpt: ...actor Mountain Bay and developer WVN cross-complained against subcontractors including FSAC which installed fire alarm systems at the property. (Mot. 6:8-9; Terani Decl. Para. 3.) FSAC now demurs to the cross-complaint on ground the cross-complaint fails to state facts sufficient to constitute causes of action against for (1) express indemnity; (2) implied indemnity; (3) equitable indemnity; (4) breach of contract; and (5) negligence. The cross-c...

Excerpt: ...ult is denied. Defendant fails to show that plaintiffs service of the summons and complaint in May of 2023 was defective and the subsequent default is void. (CCP 473(d).) The Ko declaration does not clearly disclose where she resided at the time of the service. Moreover, defendant's other court filings suggest that she resided in Sunnyvale, California at the time of the service. Defendant fails to meet her burden for relief under CCP 473(b) and C...

Excerpt: ...ult is denied. Defendant fails to show that plaintiffs service of the summons and complaint in May of 2023 was defective and the subsequent default is void. (CCP 473(d).) The Ko declaration does not clearly disclose where she resided at the time of the service. Moreover, defendant's other court filings suggest that she resided in Sunnyvale, California at the time of the service. Defendant fails to meet her burden for relief under CCP 473(b) and C...

Excerpt: ...For Order Barring Him From Being Called As A Witness (Tentative Ruling Part 1 of 2) Pro Tem Judge Robert Kane, 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 heard by the Pro Tem Judge. If all parties to the motion sign the ...

Excerpt: ...rrogatories General And Request For $3750 In Monetary Sanctions Against Blue Note Therapeutics And Its Counsel, Gordon Rees Scully Mansukhani (Tentative Ruling part 1 of 2) Pro Tem Judge Robert Kane, 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 agreei...

Excerpt: ...had actual notice of the lawsuit but due to inadvertence/excusable neglect, the papers did not reach the proper person to respond to the complaint. (CCP 473; CCP 1008; Campbell and Fromholz Dec's.) Defendant was diligent and did not apprise the court of this new information because due to a personal emergency, defense counsel could not appear at the hearing on the motion to vacate. In light of this new evidence, the motion to vacate default is gr...

Excerpt: ...tion To Recall And Quash Writ Of Executon And To Return Property Levied Upon" is granted save that plaintiff can retain $816.15. All other funds must be returned to defendant. Judge Quinn is unavailable to hear this motion. Even if CCP 1008 applies, the court exercises its inherent power to grant the requested relief. (See Le Francois v. Goel (2005) 35 Cal.4th 1094, 1107 [court's inherent power to reconsider orders on its own moton].) The funds t...

Excerpt: ...m a retailer in July 2022, executing a contract which included an agreement to arbitrate. Ngo filed a complaint in July 2023 alleging violations of the Song- Beverly Act (breaches of express and implied warranty) and negligent repair. MBUSA now files this moton to compel arbitration and stay proceedings, alleging that it has standing to bring the motion on the grounds of equitable estoppel and its status as a third-party beneficiary of the arbitr...

Excerpt: ... Of Settlement Defendants City and County of San Francisco and John George Ford's motion for order determining the good faith of settlement is denied without prejudice. Assuming arguendo that CCP 877.6 applies to these circumstances, there is not substantial evidence showing that the settlement is in the "ballpark." When determining whether a settlement was entered into in good faith the court should take into account a rough approximation of pla...

Excerpt: ...additional security in the sum of $20,000 not later than December 8, 2023. The unopposed request for judicial notice is granted. The City seeks an increase in the security from $2,000 ordered in January 2023 to an additional roughly $45,000. This is said to be the result of unexpected costs: the facts that (1) plaintiff has not amended a complaint as expected, presumably necessitating a demurrer, and (2) plaintiffs discovery demands were served i...

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: ...judication is denied. Defendants failed to maintain its burden of production. (CCP 437c(p)(2).) Plaintiff's evidentiary objections to the exhibits 2-11 and 13-14 attached to the Marquis declaration are sustained. Marquis does not properly authenticate the purported discovery responses and the court cannot take judicial notice of the truth of the content of the "court records" per Evidence Code sec. 452(d). (Kilroy v. State of California (2004) 11...

Excerpt: ..., LIP For A Protectve Order As To Plaintiff'S Order For Examination And Deposition (part 1 of 2) Pro Tem Judge Bruce Highman, 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 th...

Excerpt: ...ewart Company' is denied. Plaintiff is a vexatious litgant whose case has now consumed an unprecedented 1,481 entries in this court's register of actions. Her current motion makes three arguments, all unavailing. First, plaintiff argues that this law-and-motion department could not hear the August dismissal motion, because plaintiff had filed other motions in other departments in the past. (Memo. 1:6-11, 18-22.) However, plaintiff cites no author...

Excerpt: ...ding existing facts are alleged. (See, e.g., FAC 2:21-24, 3:21- 27, 4:21-25, 5:18-19, 6:7-11, 7:2-4, 7:18-24, 9:16-20.) At the pleading stage, plaintiffs need not "show" defendants knew their representations were false (Memo. 6:5-5); that comes later in the case. Likewise, plaintiffs need not now "establish" justifiable reliance, just plead it, as they have. (ld. at 7:17-18; FAC 9:23- 27, 10:24-25.) Defendants' demurrer to the original complaint'...

Excerpt: ...ONSES TO FORM INTERROGATORIES (SET ONE) TO PLAINTIFF JENNIFER SPALDING AND REQUEST FOR MONETARY SANCTIONS OF $5,825.CO AGAINST JENNIFER SPALDING (PART 3 OF 3 TENTATIVE RULING) In contravention, however, Spalding herself concedes that the Discovery Motions were mail-served, on October 19, 2023. Emerald Fund theorizes that Spalding may have received the Motions on October 19, having been served on October 16. But Spalding submits of the envelope th...

Excerpt: ...PRODUCTION (PART 2 OF 3 TENTATIVE RULING) Result of Excusable Neglect. Under the second element of the Code, the movant must also establish that its "failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect." Cal. Civ. Proc. Code 2031.3Cqa). Here, Hua's attorney, Pete Clancy, explains the reason for the error: "In this instance my office apparently served responses not to the request for production at issue...

Excerpt: ...PRODUCTION (PART 2 OF 3 TENTATIVE RULING) Result of Excusable Neglect. Under the second element of the Code, the movant must also establish that its "failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect." Cal. Civ. Proc. Code 2031.3Cqa). Here, Hua's attorney, Pete Clancy, explains the reason for the error: "In this instance my office apparently served responses not to the request for production at issue...

Excerpt: ...liability; and (3) public nuisance. The City has demurred to all causes of action for failure to state facts sufficient to constitute a cause of action (CCP S431.10(e)). Plaintiff's First Cause of Action for General Negligence: The elements of negligence are: (1) defendant owed a duty of care to plaintiff; (2) defendant breached that duty; (3) defendant's breach was a substantial factor in causing the damages; and (4) plaintiff was damaged. (Ladd...