Excerpt: ...hen sued defendant alleging FEHA discrimination claims in Case No. CGC‐19‐581293 for what happened in the reinstatement proceedings. On March 4, 2022, I sustained defendant's demurrer to the third amended complaint (TAC) in case 581293 without leave to amend, finding that plaintiff's "claims are barred by the litigation privilege." That order is incorporated here by reference. In April 2022, plaintiff filed another FEHA discrimination complai...

Excerpt: ...mmunity Development Or, Alternatively, For A Protective Order. 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, t...

Excerpt: ...ogatories, Set One. 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 Pr...

Excerpt: ...emurrers are overruled as to the first, second, and fifth causes of action for wrongful death, negligence, and violation of the patient's bill of rights. 2. Defendants' demurrer is overruled as to the third cause of action for abuse/neglect of a dependent adult. The FAC contains specific allegations of abuse and/or neglect sufficient to constitute a cause of action for abuse/neglect of a dependent adult. (FAC, pars. 17‐51, 70‐81.) 3. Defendan...

Excerpt: ...sustained its burden of showing that Plaintiffs do not possess, and cannot reasonably obtain, needed evidence that decedent was exposed to asbestos containing products attributable to Defendant. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 855.) James Haines's testimony as to what decedent told him about his experience in the bonding shop in the late 1970s is hearsay. (Haran Declaration, Ex. O at 23:21‐24:4; 25:21‐26:9; 26:13‐16; ...

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 fax...

Excerpt: ...n for summary judgment, or in the alternative, summary adjudication, is granted in its entirety. Plaintiff Johnny Vong is a San Francisco police officer who identifies as an Asian‐ American man of Chinese descent. (UMF 1.) He qualified for the Sergeant promotion round in 2019 but was not ultimately selected. (UMF 3.) Chief William Scott was responsible for the decision not to hire plaintiff. Plaintiff brings a complaint for race discrimination,...

Excerpt: ...enied. Under Privette v. Superior Court (1993) 5 Cal.4th 689 and its progeny, it is assumed that a hirer delegates safety duties to the hired contractor, but a "hirer of an independent contractor can be liable for a workplace injury of the contractor's employee if the hirer retained control over the contractor's work and exercised that control in a way that 'affirmatively contribute[d]' to the employee's workplace injury. [Citation.]" (SeaBright ...

Excerpt: ...(erroneously also sued as "UCSF Center for Reproductive Health and UCS Medical Center) (hereafter "Defendant") motion for summary judgment, or in the alternative, summary adjudication is denied. On a defendant's motion for summary judgment/adjudication, the defendant as moving party bears the initial burden of persuasion that there is no triable material fact as to one or more elements of that claim, or as to a complete defense thereto. (Code of ...

Excerpt: ...ornia 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 C...

Excerpt: ... Documents; Request For Monetary Sanctions Against Lyft And Attorney Demian Casey: Pro Tem Judge Aaron Minnis, 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 t...

Excerpt: ...ployee improperly watched her put the bag in the box and made copies of the key for it. (Id. at 4:24‐5:26.) "Economic Loss Doctrine." This concept does not apply here because the pled wrongful acts "may constitute both a breach of contract and an invasion of an interest protected by the law of torts." (North American Chemical Co. v. Sup. Ct. (1997) 59 Cal.App.4th 764, 774.) Conversion. Whether the bank's employees substantially deviated from th...

Excerpt: ... the clerk of that Department. The current motion has these issues: " Consent judgment [CJ] 1.4 refers to Alameda county; " It is unclear why the court is presented with two consent judgments when only 1 is offered for signature; " CJ 3.4: How large is the font (in order to evaluate conspicuousness)? A life‐size exemplar may also suffice to demonstrate conspicuousness; " Id. On the web site, the word "Warning" alone is not sufficient, even thou...

Excerpt: ...ng that Plaintiff does not possess, and cannot reasonably obtain, needed evidence that she was exposed to asbestos containing products attributable to Defendant. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 855.) Defendant failed to address its response to Standard Asbestos General Order 129 Interrogatories or the deposition transcripts of James Rickey and Max Taliaferro, identified in Plaintiff's response to Defendant's special interro...

Excerpt: ...es To Form Interrogatories Against Defendant Brentwood Blatteis Shnur, Inc. And Request For Sanctions: Pro Tem Judge James Fleming, 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...

Excerpt: ...ding the propriety of summary judgment are to be resolved in favor of the opposing party." (Kulesa v. Castleberry (1996) 47 Cal.App.4th 103, 112.) "The existence of a dangerous condition ordinarily is a question of fact, but the issue may be resolved as a matter of law if reasonable minds can come to only one conclusion." (Zelig v. County of Los Angeles (2002) 27 Cal.4th 1112, 1133.) Defendant fails to meet this heavy burden. In determining wheth...

Excerpt: ...ng 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 motion sign th...

Excerpt: ...s failed to disclose key information to her, delaying her awareness of their malpractice to 2021. (See, e.g., FAC 2:14‐3:8; Neel v. Magna, Olney, Levy, Cathcart & Gelfand (1971) 6 Cal.3d 176, 187‐90.) Unclean Hands. Defendants' unpled allegation that plaintiff "intended to violate the tax laws" raises fact issues that cannot be resolved at the pleading stage. General Release. Defendants ask the court to interpret an extrinsic settlement agree...

Excerpt: ...uant To Corporations Code Section 7225; (2) Inspection Of Corporate Books, Record And Documents. Plaintiff John Valdez's petition for (1) appointment of provisional director and (2) inspection of corporate books, records, and documents is granted and denied in part. Plaintiff's petition for appointment of provisional director is denied. "The appointment of a provisional director is 'merely a method of resolving disagreements between directors whe...

Excerpt: ...r‐old night clerk at defendants' SRO hotel, pleads that she was accosted by a guest the night of February 5, 2021. (FAC 3:8‐18.) This culminated in the guest threatening to rape plaintiff, throwing a bottle at her and slapping her. (Id. at 3:16‐18.) "Defendants' knew or should have known" the guest "was a violent individual with a criminal background" yet placed him in the hotel without providing physical barriers or security to protect nig...

Excerpt: ...ms, And Stay Action Complete tentative ruling has been sent to the parties via e‐mail. Defendants Uber Technologies and Russell Tobin and Associates LLC's amended motion to compel arbitration, dismiss representative claims, and stay action is denied. Arbitration agreement Defendants bear the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence. (Correia v. NB Baker Electric, Inc. (2019) 32 Cal.App....

Excerpt: ...d evidence that decedent was exposed to asbestos containing products attributable to Defendant. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 855.) Defendant failed to address Plaintiffs' interrogatory responses identifying Defendant's Fire‐Rated drywall as containing asbestos. (Defendant's Exhibit D [Plaintiff's Response to Defendant's Special 'Interrogatories, Set One] at 14:15‐23.) Plaintiffs' objection to the declaration of Dr. C...

Excerpt: ...e demurs to the second cause of action for "hostile work environment harassment in violation of the FEHA." While not in the high range of hostility or harassment, the FAC's allegations against Harris are adequate for the pleading stage. (Id. at 1:24‐27, 7:11‐10:27, 21:16‐ 22.) This part of the demurrer is overruled. Second, Twitch Interactive, Inc., Amazon.com, Inc. and Amazon Advertising, LLC demur to the fifth and sixth causes of action f...

Excerpt: ...c. 17200 claims and show that Allstate failed to follow established law in issuing settlement checks. Allstate argues as to Nos. 1‐8 and 27‐30, that the requests are overbroad and unduly burdensome. Allstate argues that Nos. 15‐19 invade the privacy rights of insureds and are irrelevant to Allstate's practices for issuing settlement checks. Nos. 1‐7, 27‐30: the discovery as currently drafted is too broad and burdensome. Allstate submitt...

Excerpt: ... 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 moti...

Excerpt: ...g 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 motion sign the...

Excerpt: ...ied as untimely. The statute's filing deadline is "two years after the complaint is filed or not less than nine months before the date the matter is first set for trial, whichever is earlier." (Id.) Here, the matter was first set for trial for October 17, 2022, thus establishing the CCP 425.13 filing deadline as January 22, 2022. The pending motion was not filed until June 6, 2022. After trial was set for October 17, 2022, parties objected and, s...

Excerpt: ...SER SANCTIONS FOR SPOLIATION OF EVIDENCE BY PLAINTIFF STEPHEN DEUXIER: Pro Tem Judge James Fleming, 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 stipulat...

Excerpt: ... is denied. In this case, approximately one month after Defendants New York Life Insurance Company and NYLIFE Securities, LLC (collectively, "Defendants") moved for summary judgment or in the alternative summary adjudication, Plaintiffs moved to amend the complaint. Defendants oppose this motion on several grounds, including that it is untimely given trial is set to begin in less than two months, and granting leave to amend would prejudice Defend...

Excerpt: ...ative Defense. (Part 1 of 2 tentative ruling) Plaintiff/cross‐defendant Getaround, Inc.'s motion for summary adjudication is denied in its entirety. There is a triable issue of material fact regarding whether the parties entered into the express service agreement. The parties never signed the service agreement. (UMF 4.) Nevertheless, section 14.19 of the agreement provides that it "may" be executed in counterparts. (Leonard Decl., Ex. J [Servic...

Excerpt: ...ehalf of an "Armanino," who/which apparently has no connection to this case. Second, all four grounds simply repeat the language of CCP 430.10(e) with no elucidation. This is inadequate. The Code of Civil Procedure mandates: "A demurrer shall distinctly specify the grounds upon which any of the objections to the complaint are taken. Unless it does so, it may be disregarded." (CCP 430.60.) "Each ground of [a] demurrer must be in a separate paragra...

Excerpt: ...otion For Order Declaring William Mora A Vexatious Litigant, Request For Prefiling Order, And To Furnish Security. The matter is transferred to be heard in department 303 before Judge Bolanos on July 13, 2022 at 9:30 a.m. Judge Bolanos issues the following tentative ruling: Plaintiff's motion for reconsideration is denied. First, plaintiff asks this court to exercise its inherent discretion to reconsider its prior order and the court denies that ...

Excerpt: ... default entered on December 2, 2020 is denied. After the defaults were entered, the parties entered into a settlement agreement. (Abramov Decl., Ex. D.) Section 9 of the agreement provides: 9. MUTUAL RELEASE OF ALL CLAIMS. In consideration for their faithful performance of the terms of this Settlement Agreement, the parties, for themselves, their successors, assigns, and, do hereby relinquish, waive, release, acquit and forever discharge each ot...

Excerpt: ...Catalanotti, 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 ...

Excerpt: ... to compel arbitration and consolidation is denied without prejudice. First, plaintiff has not properly named or served James River Insurance Co. in this action. The court therefore lacks jurisdiction to grant the requested relief. Second, even if the court rules that James River's opposition qualifies as a general appearance, plaintiff fails to demonstrate that it currently has a right to compel arbitration. The James River insurance policy has ...

Excerpt: ...t on plaintiff after a Yellow Cab ride piloted by Wudue. The case is on for trial August 29, 2022. In setting that date, our presiding judge ordered: "All pre‐trial and discovery related deadlines to track the prior May 16, 2022 trial date. No further continuances." CCP 474 permits Doe defendants "[w]hen the plaintiff is ignorant of the name of a defendant." (Id.) In our court, where hundreds of Does are named annually, an attorney fills out a ...

Excerpt: ...y 26, 2022." Defendant's demurrer was filed June 7, 2022 ‐ 12 days late. (See CCP 430.40; Jackson v. Doe (2011) 192 Cal.App.4th 743, 750 (court's discretion to consider untimely demurrer or not).) Moreover, the FAC adequately pleads an Unruh Act claim. Legally blind plaintiff Andres Gomez cannot use a computer without screen reader software (SRS). (FAC 3:15‐19.) Defendant's dba Your Home SF has a website that offers "information about houses ...

Excerpt: ...a clear and unmistakable delegation clause. (See AT&T Technologies, Inc. v. Communication Workers of America, 475 U.S. 643, 649 (1986).) Here, petitioner waived/abandoned its right to compel arbitration. Petitioner was aware of the Shum grievance by September 19, 2019. (Quinn Decl., Ex. 7.) Petitioner filed the grievance on December 19, 2019. (Petition, Ex. B.) The parties' collective bargaining agreement provides that petitioner has twenty‐two...

Excerpt: ...inistrative Mandamus And Traditional Mandamus. The City and County of San Francisco's motion "for entry of judgment denying writ for petition of administrative mandamus and traditional mandamus" is granted. On May 11, 2022, I held an extensive evidentiary hearing on the City's motion for enforcement of the settlement agreement governing this case. An order was filed May 13 and petitioner Krista Gillette was notified of it on May 16. Gillette's Ju...

Excerpt: ... vehicle that Miguel Barbonier drove and Mirka Del Castillo owned. (PRDSS 2.) Prieto allegedly bore fault for the accident by failing to yield to the Barbonier‐driven vehicle. (PSS 1.) Prieto was apparently working for PacPizza. In February 2019, plaintiffs settled bodily injury claims with the impecunious Barbonier and Del Castillo for policy limits. (PRDSS 3‐4; PSS 6‐8.) Plaintiffs signed "bodily injury only" releases of Del Castillo, Bar...

Excerpt: ...nting Defendant Ccsfs Motion For Summary Judgment Based, In Part, On Ccp 473(B). Plaintiffs' "motion for reconsideration of the order granting defendant CCSF's motion for summary judgment based, in part, on CCP 473(b)" is denied. A reconsideration motion must be "based upon new or different facts, circumstances, or law" and a valid reason for not presenting them earlier. (CCP 1008; Gilberd v. AC Transit (1995) 32 Cal.App.4th 1494, 1500; see also ...

Excerpt: ... fees after plaintiff's alleged false statements and concealments regarding the statute of limitations. (Id. at 5:1‐4, 5:28‐6:4.) This part of the demurrer is overruled. Second, the "breach of fiduciary duty" claim is based on the notion that defendant should have sued engineering consultants retained by an insurer. This sounds in negligence, not fiduciary duty; plaintiff cites no contrary authority. This part of the demurrer is sustained wit...

Excerpt: ...e CCP 474 "phrase 'ignorant of the name of a defendant' is broadly interpreted to mean not only ignorant of the defendant's identity, but also ignorant of the facts giving rise to a cause of action against that defendant." (Fuller v. Tucker (2000) 84 Cal.App.4th 1163, 1170.) Moreover, "section 474 is to be liberally construed" and the "fact that the plaintiff had means to obtain information is irrelevant." (Id.) Here, I credit plaintiffs' stateme...

Excerpt: ...12 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 may be...

Excerpt: ...ngful conduct of its agent, even if that conduct is criminal, in one of three ways: (1) if the principal directly authorizes ... [the tort or] crime to be committed; (2) if the agent commits the tort in the scope of his employment and in performing service on behalf of the principal, regardless of whether the wrong is authorized or ratified by [the principal], and even if the wrong is criminal; or (3) if the principal ratifies its agent's conduct...

Excerpt: ...confirm arbitration award is granted. Respondent Current Construction fails to show that the award should be corrected pursuant to Code of Civil Procedure section 1286.6. "Where a petition to confirm an award is at issue, the court is limited in its power to review the findings of the arbitrator and has narrow grounds upon which evaluate the arbitrator's award." (Cinel v. Christopher (2012) 203 Cal.App.4th 759, 769.) The Court determines that the...

Excerpt: ...may invoke an arbitration clause to compel a signatory plaintiff to arbitrate its claims when the causes of action against the nonsignatory are 'intimately founded in and intertwined' with the underlying contract obligations. [citations] By relying on contract terms in a claim against a nonsignatory defendant, even if not exclusively, a plaintiff may be equitably estopped from repudiating the arbitration clause contained in that agreement." (Bouc...

Excerpt: ...ned without leave to amend. Plaintiff was previously granted leave to amend this cause of action. The first amended complaint fails to cure the defects identified by the Court and further leave to amend is therefore denied. Plaintiff, again, pleads no facts and cites no contractual language demonstrating that she is an intended third party beneficiary of the management agreement. There are no facts showing that "permitting the third party to brin...

Excerpt: ...r of the CA 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 mtn. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the mtn may be heard by the Judge Pro Tem (JPT). If all parties to the mtn sign the stipulation, the hearing will proceed before the JPT who will decide the mtn with the same authority as a Superior Court Judge...

Excerpt: ...earing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Judge Pro Tem (JPT). If all parties to the motion sign the stipulation, the hearing will proceed before the JPT 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 mtn sign the s...

Excerpt: ... 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 fax or consent...

Excerpt: ...tion or aid to help the court interpret a contract. It is not a basis for liability under the UCL. (2) Delete the reference to CC 3294(c)(3). That provision defines "fraud" for the purpose of the punitive damages statute. Again, that provision is not a basis for liability under the UCL. (3) Remove the request for damages on the UCL claim. A party bringing a UCL claim can only recover restitution or an injunction. (See Korea Supply Co. v. Lockheed...

Excerpt: ...ifornia 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: ... attorney fee dispute is denied. While conceding that "ordinarily the convenience of parties is not taken into consideration," defendants' sole ground for their motion is defendant Kursheed Husain's convenience. Husain's declares that her "medical necessities" are a "hinderance" to a trial in San Francisco. While this court is sympathetic, Husain does not explain how the hinderance would be less in neighboring San Mateo County. Husain reports spe...

Excerpt: ...nd Eleventh Causes Of Action From His Complaint. Defendants' "special motion to strike plaintiff's tenth and eleventh causes of action from his complaint (CCP 425.16)" is denied. Plaintiff was employed by defendant Jacobs Engineering Group; defendant Steven Defant was a Jacobs supervisor. Plaintiff alleges that Defant slandered him in 2021 by telling (1) "multiple staff members" at Jacobs that plaintiff "was coming to work drunk or impaired" (Feb...

Excerpt: ... entered on 7/27/21 is granted. California has a strong policy to decide cases on the merits and defendant demonstrates extrinsic mistake as a basis for equitable relief. In Rappleyea v. Campbell (1994) 8 Cal.4th 975, 982, the California Supreme Court provided the following elements for equitable relief: (1) the defaulted party must demonstrate that it has a meritorious case; (2) the party seeking to set aside the default must articulate a satisf...

Excerpt: ... makes the arbitration provision unenforceable, fails. AB 51 is preempted by the Federal Arbitration Act ("FAA"). (Cal. Lab. Code sec. 432.6(f) ["Nothing in this section is intended to invalidate a written arbitration agreement that is otherwise enforceable under the Federal Arbitration Act"]; Chamber of Com. of United States v. Bonta (9th Cir. 2021) 13 F.4th 766, 781 ["we hold that Government Code [section] 12953 and Labor Code [section] 433 are...

Excerpt: ...ffer and that the licensed hospital or agency is unlikely to prevail ultimately on the merits." (CCP 1094.5(h)(1).) Petitioner fails to demonstrate that respondent is unlikely to prevail on the merits. Petitioner contends that respondent violated Business and Professions Code section 2335 (c)(1) by not according proper weight to the administrative law judge's ("ALJ") decision. But that statute provides that the Board shall give great weight to th...

Excerpt: ...f the summary adjudication statute. (See Paramount Petroleum Corp. v. Superior Court (2014) 227 Cal.App.4th 226, 241-242.) Plaintiff is attempting to summarily adjudicate factual issues under the guise of duty and/or not completely disposing of the issue of duty by attempting to parse it up. (See CCP 437c(f)(1).) The court cannot summarily adjudicate an issue of duty in a piecemeal fashion under CCP 437c(f)(1). Plaintiff's motion for summary adju...

Excerpt: ...ice. There is thus a disputed issue of fact whether plaintiff was an employee under the tests enunciated in Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018) 4 Cal.5th 903 and S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. Evidence indicates that plaintiff acted independently as an auditor and the parties decided to create an auditing business partnership. (Herrera Decl. Ex. C, [Plaintiff...

Excerpt: ... defendants owed a contractual duty to pay him. But plaintiff does not plead a breach of contract cause of action and his separate statement of undisputed fails to set forth clearly the terms or the type of alleged contract between the parties. A motion for summary adjudication must be addressed to the claims or defenses raised in the pleadings. (See 580 Folsom Assoc. v. Prometheus Develop. Co. (1990) 223 Cal. App.3d 1, 14.) Plaintiff fails to ma...

Excerpt: ..., 2022 (entered on March 3, 2022) affirming those costs is denied. The Court of Appeal opinion states: "Respondents are entitled to costs on appeal." (Lau Decl. 5, Exhibit D at p. 19.) This court cannot overrule that determination. If plaintiff believed that that ruling was erroneous, it was incumbent upon her to seek relief from the Court of Appeal before the remittitur issued. When an appellate court directs in its opinion a party is to recover...

Excerpt: ... hospital. Defendant "moves for summary judgment on the ground that the expert declaration of" Dr. Zoltan Turi "confirms that the standard of care was met in all respects." (Memo. 5:8‐11.) However, the expert declaration of Dr. D. Preston Flanigan disputes Dr. Turi's opinions in several material respects, leaving triable issues for a finder of fact. (CCP 437(c); Munro v. Regents of University of California (1989) 215 Cal.App.3d 977, 983‐85.) ...

Excerpt: ... 1 of 2 for purposes of entry of Tentative Ruling). Pro Tem Judge Steven Spaulding, 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: ...s, Set One And Request For Monetary Sanctions. Pro Tem Judge Steven Spaulding, 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...

Excerpt: ...ts To Defendant Herb Thomas (Part 1 of 3 for purposes of entry of Tentative Ruling). Pro Tem Judge Steven Spaulding, 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 ...

Excerpt: ... APPROXIMATELY 2:42 P.M. *** Pro Tem Judge Steven Spaulding, 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 th...

Excerpt: ...y judgment in less than a year. Counsel (and the court) are commended for that. Defendant is the prevailing party and is due contractual attorney fees and costs. Papers on the initial fee motion (and this one) joust about who did what to whom during the litigation. I thus requested, and received, daily billing records of defendant's counsel. Having read those records, and based on 36 years of litigation experience, I find the hours expended and t...

Excerpt: ... Ruling). 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 the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who wi...

Excerpt: ...s In The Amount Of $3,255.85 Jointly And Severally Against Defendant And His Counsel Joel Glaser. Plaintiff seeks an order compelling Defendant to produce its PMK (Mr. Ruffino) for further deposition and for sanctions. Plaintiff was able to take Defendant's PMK deposition on 2/22/22 but only for a short period of time due to Mr. Ruffino's scheduling limitations. The parties rescheduled Mr. Ruffino's continued deposition to 3/3/22. However, due to...

Excerpt: ...sec. 437(b) ["Application for this relief shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken." (emphasis added)].) Plaintiff's counsel filed a request for dismissal of the "entire action of all parties and all causes of action" on August 4, 2021 and dismissal was entered the same day. (Ellsworth Decl., Ex. 3.) Plaintiff's counsel did not bring this motion until Ma...

Excerpt: ...ments And Imposing Monetary Sanctions. Pro Tem Judge Peter Catalanotti, 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 procee...

Excerpt: ...which caused the injury. While some of Mr. Comisky's deposition testimony suggests that the City did not own or control the tree that injured Mr. Comisky (e.g. Ex. 5a attached to Mr. Comisky's depo.), other deposition testimony and discovery responses suggest that it did. (See Rogers Decl., Ex. R [Mrs. Comisky Depo.], 37:2‐23; Exs. D, E, G; Ex Q [Mr. Comisky Depo.] 61:3‐7; 62:19‐25; 63:21‐64:7; 139:9‐13; UMF 7.) Plaintiffs' interrogator...

Excerpt: ...intiff's "complaints to Aaron Schilke and human resources." (FAC 6:23‐7:4, 9:21‐10:18, 4:12‐ 6:22, 7:9‐9:21, 10:20‐12:14; 3/21/22 Order 2:22‐24.) The FAC also alleges the timing of defendants' actions and their effect on plaintiff's employment. (FAC 4:12‐6:22, 7:9‐9:21, 10:20‐12:14; 3/21/22 Order 3:11‐13.) The FAC also alleges defendants' awareness of plaintiff's protected activities. (FAC 6:23‐7:4, 9:21‐10:18; 3/21/22 Ord...

Excerpt: ...sentative on their behalf." (CCP 377.60 (emphasis added).) Here, both three heirs and the personal representative have sued, and P.J Helicopters' demurrer correctly claims misjoinder. As noted, CCP 377.60's plain language allows suit by a decedent's heirs or personal representative, but not both. No ambiguity exists, so the statute's "plain meaning controls." (Tilkey v. Allstate Ins. Co. (2020) 56 Cal.App.5th 521, 534.) Moreover, appellate courts...

Excerpt: ...tative ruling) Defendant Fu's motion to declare plaintiff William Mora a vexatious litigant is granted. CCP 391(b)(1) provides a vexatious litigant is one who "[i]n the immediately preceding seven‐year period has commenced, prosecuted, or maintained in propria persona at least five litigations other than in a small claims court that have been (i) finally determined adversely to the person or (ii) unjustifiably permitted to remain pending at lea...

Excerpt: ...d Truth Of Matters In Requests For Admission, Set One, To Plaintiff Kathleen Haney; Request For Monetary Sanction (Part 1 of 2 for purposes of entry of Tentative Ruling). Pro Tem Judge Sigrid Irias, 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 agreein...

Excerpt: ...s punched by a Lyft driver in a November 2019 dispute over a ride in Arizona. Defendant bears the burden of proof on a non conveniens motion, "meaning defendant must provide the trial court with sufficient evidence to enable it to carry out its weighing and balancing analysis." (Edmon and Karnow, California Practice Guide: Civil Procedure Before Trial (TRG 2016) 3:408.5, citing National Football League v. Fireman's Fund Insurance Co. (2013) 216 C...

Excerpt: ...rsuant to which they agreed that judgment would be entered against Defendant. Defendant now seeks dismissal with prejudice. But the parties' compromise does not include an express provision requiring the action be dismissed with prejudice. (See Arriagarazo v. BMW of North America, LLC (2021) 64 Cal.App.5th 742, 749 ["under section 998, entry of judgment is the expected and standard procedural result unless specific terms and conditions stated in ...

Excerpt: ...th. Ru Zhu's "motion in opposition to co‐defendant Joshua Mu's notice of application and application for determination that settlement was made in good faith" is denied. The settlement is in good faith. Zhu and Mu were the drivers in a two‐vehicle accident; plaintiff was a passenger in Mu's vehicle. Mu has settled for his $300,000 insurance policy limits. The nonsettling party has the burden of showing that the settlement is "so far 'out of t...

Excerpt: ...defendant challenges jurisdiction by bringing a motion to quash, the burden is on the plaintiff to prove the existence of jurisdiction by proving, inter alia, the facts requisite to an effective service. (See Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1439‐1440.) Plaintiff must present competent evidence to maintain his burden and a declaration that is not signed under penalty of perjury, as required by CCP Sec. 2015.5, is in...

Excerpt: ...hey did not owe a duty of care to plaintiff, but purposefully exclude germane facts to this case. Defendants ignore that Mr. Weith was driving erratically in the garage prior to the incident, left the premises, and then returned and continued to drive erratically, which ultimately led to plaintiff's injuries. Defendants also fail to acknowledge that they had security and cameras (many non‐ functioning) at the premises. (Plaintiff's evidence, Ex...

Excerpt: ...uirements 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 party appears by tel...

Excerpt: ...Ruling). 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 Tem who w...

Excerpt: ...act, defamation, slander, fraud, violation of privacy, assault, conversion, violation of the computer abuse act, invasion of privacy, trespass, and breach of fiduciary duty. The cause of action for breach of contract fails to state a cause of action and whether the purported contract is written, oral or implied. (CCP 430.10(e) & (g).) Plaintiff does not clearly allege how he entered into an agreement with defendant, his performance or excuse, or ...

Excerpt: ...ILITY COMPANY, MAXXVIN LLC, A FLORIDA LIMITED LIABILITY COMPANY) motions to quash are continued to August 17, 2022, to allow for limited jurisdictional discovery. The complaint sufficiently names Maxxvin LLC, the process server fixed the technical defects in the proofs of service, and the service statutes are liberally construed where there is actual notice. (See Pasadena Medi‐Center Associates v. Superior Court (1973) 9 Cal.3d 773, 778.) When ...

Excerpt: .... (1994) 24 Cal.App.4th 1426, 1439‐1440 [plaintiff's burden to demonstrate jurisdiction including proper service].) The Oakland residence where the substitute service occurred is defendant's "dwelling house, usual place of abode, , or usual mailing address." (CCP 415.20(b).) Defendant declares that he is currently living in Afghanistan and he does not know when, if at all, he will be able to return to the United States of America. (Zazai Decl.,...

Excerpt: ...propriation claims. (Angelica Textile Services, Inc. v. Park (2013) 220 Cal.App.4th 495, 506.) Fraud. The complaint adequately pleads fraud with specificity. The core theory (it must be accepted as true on demurrer) is that defendants used Patrick Joyce as a cat's paw to defraud plaintiff. The theory is actionable and well-pled. (See, e.g., Mirkin v. Wasserman (1993) 5 Cal.4th 1082, 1095; Cmplt. 18:1-16.) Further, plaintiff's reliance on defendan...

Excerpt: ...ena For Production Of Business Records Pro Tem Judge William Lynn, 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 bef...

Excerpt: ...Debtor, Or Alternatively, (II) For A Turnover Of Judgment Debtors Shares Of Stock In Semper Curious Corporation. Plaintiff's Motion (1) To Amend Judgment To Add Semper Curious Corporation ("SC") As An Additional Judgment Debtor, Or Alternatively, (2) For A Turn Over Of Judgment Debtor's Shares Of Stock In Semper Curious Corporation is granted and denied in part. The motion to add SC as a judgment debtor is denied. Reverse piercing of the corporat...

Excerpt: ...ble settlement. "A settlement agreement is a contract, and the legal principles which apply to contracts generally apply to settlement contracts." (Weddington Production, Inc. v. Flick (1998) 60 Cal.App.4th 793, 810.) "Terms proposed in an offer must be met exactly, precisely and unequivocally for its acceptance to result in the formation of a binding contract ... " (Panagotacos v. Bank of America (1998) 60 Cal.App.4th 851, 855.) Here, on March 1...

Excerpt: ...aiver grounds. In the nine months since plaintiff filed this case: defendants filed answers; after meeting and conferring, defendants filed amended answers; plaintiff deposited jury fees and demanded a jury trial; the parties filed multiple case management statements; plaintiff served document requests, interrogatories and requests for admission; plaintiff agreed to three extensions for defendants' discovery responses; the parties agreed to and f...

Excerpt: ...pects or should suspect that her injury was caused by wrongdoing." (CCP 338(d); Jolly v. Eli Lilly & Co. (1988) 44 Cal.3d 1103, 1110; Vera v. REL‐BC, LLC (2021) 66 Cal.App.5th 57, 68‐69.) Here, plaintiff pleads in detail that defendants caused her wrong on "multiple occasions" starting in December 2015 by failing to pay her while offering various excuses. (Cmplt. 2:12‐3:10.) This case may continue as a breach of contract action, which is wh...

Excerpt: ... & FRIENDS, INC. A CALIFORNIA CORPORATION's Omnibus Motion To Compel Defendants Michael Ina, Sherman Wong, And Lawrence Bennett To Provide Verified Responses To Discovery, Motion To Deem Facts Admitted, And Motion For Sanctions: Pro Tem Judge Steven Spaulding, 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 par...

Excerpt: ...n To Compel Defendant Catherine Bailey's Further Responses To Plaintiff's Form Interrogatories, Set One, Numbers 7.1, 7.2, 9.1 And 9.2; Request For Sanctions Against Defendant Catherine Bailey And Her Attorney Of Record, Mark Kassenbrock, In The Amount Of $1,422: Pro Tem Judge Steven Spaulding, 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 m...

Excerpt: ...and a valid reason for not presenting them earlier. (CCP 1008; Gilberd v. AC Transit (1995) 32 Cal.App.4th 1494, 1500.) Plaintiff Renee Kwan claims "new evidence" that she opposed her arbitration agreement. However, Kwan already introduced evidence to that same effect before this court's March 28 hearing and order. In any event, Kwan opted to sign the arbitration agreement despite any misgivings. (Id. at 2:1‐2.) Kwan claims "new case law" in th...

Excerpt: ...oses. Tran and Mary Ann Baysac are the two key figures in all three cases. The latter case involves a dental‐business partnership dispute between the pair. The former cases involve a condominium Tran and her mother bought from Baysac and her husband so, Tran says, Tran could be closer to the dental businesses she worked at with Baysac. Tran further asserts that the condo sale would not have been as favorable to Baysac but for their business rel...

Excerpt: ...uld the trial judge find the need to further amend the SACC, that may be done "at any stage of the proceeding." (Hirsa v. Sup. Ct. (1981) 118 Cal.App.3d 486, 488‐89.) Rescission. The SAAC adequately pleads a claim for rescission. The at‐issue written contract is the cross offer agreement. (SACC 4:25‐26, 10:11.) Mistakes are pled. (See, e.g., SACC 10:12‐11:6.) The parties to the contract are pled. (SACC 4:25‐26.) Filing of a rescission c...

Excerpt: ...coffee bar. Per the agreement, the settlement sum was "allocated as follows: Jason Xu ‐ 40%; Henry Yeap ‐ 30%; German Zhao ‐ 30%." Yeap and Zhao paid their allocations, but Xu did not pay his allocation. Plaintiffs' motion looks to all three defendants for Xu's 40%, arguing that the settlement sum was "joint and several." However, the settlement agreement does not contain the term "joint and several," and instead allocates each of the three...

Excerpt: ... cites no authority holding that Otis owed AAA a duty to warn that members of the public should not use the freight elevator. The undisputed facts show that while Otis installed the elevator in 1954, (1) elevator code requirements assume the presence of freight operators and handlers who are familiar with the elevator door operation; (2) the owner of the freight elevator (AAA) is responsible for determining who is authorized to use the elevator, ...