Excerpt: ...he 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 party appears ...

Excerpt: ...ernative, To Exclude Williams From Testifying At Trial (Part 1 of 2). Pro Tem Judge Adrienne Rogers, 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 <0003005700520003005700 005100030056004c004a>n the stipulation, the hearing ...

Excerpt: ...laims for sexual harassment, assault and battery, and sexual battery. In her original unverified complaint, filed on November 29, 2017, plaintiff alleged that throughout her employment from June 2014 until she was terminated on March 30, 2017, her supervisor, defendant John Brekke, subjected her to unwelcome physical contact, including hugging, kissing, touching, and sexual suggestive communications and contact. (Complaint, 7.) She alleged this h...

Excerpt: ...ember 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 authori...

Excerpt: ...ri & Jung LLP, Feldman Gale, and Cozen O'Connor) is granted, without prejudice to the issuance of new subpoenas that do not seek production of information protected from disclosure by the attorney‐client privilege and/or the attorney work product doctrine. (See generally Los Angeles County Board of Supervisors v. Superior Court (2016) 2 Cal.5th 282, 293‐300; County of Los Angeles Bd. of Supervisors v. Superior Court (2017) 12 Cal.App.5th ...

Excerpt: ...rminating sanctions for discovery misuse is granted. As the report recites, over a period of more than 9 months, plaintiffs Robert Stang and Luigi Di Ruocco failed to respond to discovery requests properly served on them, ignored defendants' repeated communications requesting that they comply, failed to oppose six motions to compel, and then disregarded orders of the court granting those motions and requiring them to serve discovery responses...

Excerpt: ...#39;s injuries. (See Code Civ. Proc. § 379(c) ["Where the plaintiff is in doubt as to the person from whom he or she is entitled to redress, he or she may join two or more defendants, with the intent that the question as to which, if any, of the defendants is liable, and to what extent, may be determined between the parties."].) The first amended complaint pleads with sufficient particularity the injury, the negligence by successive tort...

Excerpt: ...o amend. Cross‐complainant has leave to add Michael Callahan, Greener Future, LLC, NAPA PAL, and ST5 Holdings, LLC as indispensable parties and to plead derivative claims on behalf of those entities. "Where the plaintiff seeks some type of affirmative relief which, if granted, would injure or affect the interest of a third party not joined, that party is in indispensable party." (Sierra Club, Inc. v. California Coastal Comm'n (1979)...

Excerpt: ...5 days after service of written notice of entry judgment]; Kabran v. Sharp Memorial Hospital (2017) 2 Cal.5th 330, 337 ["the trial court loses jurisdiction to hear a new trial motion if no notice of intent is filed within 15 days of the mailing or service of notice of entry of judgment"].) Judgment was entered on June 12, 2019 and notice of entry of judgment was served on plaintiff by electronic mail on June 19, 2019, but the motion was n...

Excerpt: ...ns Advancing Justice ‐ Asian Law Caucus, Council on American‐ Islamic Relations, California, and American Civil Liberties Union of Northern California's motion for peremptory writ of mandate is denied. Petitioners seek to compel disclosure of a white paper authored by the Federal Bureau of Investigation (FBI) which "provides clarification and understanding" of the Joint Terrorism Task Force‐San Francisco Police Department Memora...

Excerpt: ...ions In The Amount Of $5,800.75 (Part 1 of 2). Pro Tem Judge Chuck Geerhart, 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 p...

Excerpt: ...ecome due" to defendant/debtor Meca Builders Inc. is denied. Plaintiff broadly seeks assignment of "the interest, if any of" Meca "in its rights to payment of money due or to become due, whether styled accounts receivable, general intangibles, payment intangibles, accounts, deposit accounts, royalties, fees, commissions, and other rights to money, from its activities as a building contractor." Notwithstanding CCP Sec. 708.510&...

Excerpt: ...entry of tentative ruling only). (Continued from Part 1 of 2) "It is settled that this ['arising out of'] language does not import any particular standard of causation or theory of liability into an insurance policy. Rather, it broadly links a factual situation with the event creating liability, and connotes only a minimal causal connection or incidental relationship." (Acceptance Ins. Co. v. Syufy Enterprises (1999) 69 Cal.App.4t...

Excerpt: ...il Procedure section 1048, the Court has broad discretion to consolidate actions with common questions of law or fact. (National Elec. Supply Co. v. Mt. Diablo Unified School Dist. (1960) 187 Cal.App.2d 418, 421.) Although Defendant JLIS Inc.'s connection to the bad faith case (No. CGC‐19‐ 572725) is tenuous given the conclusory conspiracy allegations, the legal issue of whether the policy issued by defendants Liberty Mutual Insurance Com...

Excerpt: ... summary judgment is denied. ZNE fails to maintain its burden of production. ZNE largely relies on the Gu and Sheng declarations to assert that there is no unity of interest between ZNE and Talesun Solar USA Ltd. Their deposition testimonies show that they lack a foundation to testify regarding those issues however, and the court sustains plaintiff's objections to those declarations. Sheng declared that Talesun and ZNE have different ownershi...

Excerpt: ... is that non‐parties to an arbitration agreement may not be compelled to arbitrate disputes under the agreement. (See Suh v. Superior Court (2010) 181 Cal.App.4th 1504, 1512 ["Even the strong public policy in favor of arbitration does not extend to those who are not parties to an arbitration agreement or who have not authorized anyone to act for them in executing such an agreement."].) While there are a number of theories that serve as ...

Excerpt: ...tive Ruling Only.) (Continued from Part 1 of 2) Defendant does not present a satisfactory excuse for not defending this action. Defendant incorrectly believed that he did not need to file a response because he is a British citizen with no connections to California. (Taaki Dec., Para. 3.) In Stiles v. Wallis (1983) <004c004800470003004800 000300550048004f004c[ef in similar circumstances. There, the court held that an Australian citizen who was ign...

Excerpt: ...on Of Documents. (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 will proceed before t...

Excerpt: ...d complaint after defendants filed these motions. The court would normally take these motions off calendar as moot because the motions attack a superseded pleading. (See State Compensation Insurance Fund v. Superior Court (2010) 184 CalApp.4th 1124, 1131.) Under the particular circumstances of this case, however, the court will address the merits of these motions because defendants renewed their motions after the amended complaint was filed and p...

Excerpt: ...is 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 by email. If not all ...

Excerpt: ...ause of action under the Act. (See Carter v. Prime Healthcare Paradise Valley LLC, 198 Cal.App.4th at 406-407 [elements of cause of action include that the defendant (1) had responsibility for meeting the basic needs of the elder, such as medical care; (2) knew of conditions that made the elder unable to provide for her own basic needs; and (3) denied or withheld services necessary to meet the elder's basic needs, either with knowledge that i...

Excerpt: ...im that warrants sanctions is one that is "totally and completely without merit or for the sole purpose of harassing an opposing party." (Code Civ. Proc., § 128.5(b)(2).) Defendant fails to show that the claims in plaintiff's first amended complaint meet that standard. It appears that the parties have a good faith dispute regarding whether plaintiff was supposed to receive actual stock certificates, whether plaintiff was apprised of ...

Excerpt: ...leave to file first amended complaint is denied. Plaintiffs did not file this motion until after Defendants had filed their pending motions for summary judgment and the Court had granted Plaintiffs' motion for trial preference and advanced the trial date to October 15, 2019. Further, Plaintiffs admit that the reason for their motion is to attempt to meet Defendants' arguments in their motions for summary judgment, which were filed in late...

Excerpt: ...o file second amended complaint is denied. Contrary to Plaintiffs' assertion that the proposed amendments are based on facts they only recently learned in discovery, Defendants' showing establishes that Plaintiffs have been aware of many if not most of those facts since 2013 and 2014, and indeed that Plaintiffs previously attested to many of them in verified discovery responses more than one year ago. Further, the case was originally file...

Excerpt: ...rald Niesar, And Oscar Escobars Renewed Motion For Summary Judgment Against Plaintiff Buenofrio, Inc. (Part 2 Of 2 For Purposes Of Entry Of Tentative Ruling Only) (Continued from Part 1 of 2) Defendant fails to show that Buenofrio Inc. waived its claims. Buenofrio, Inc. agreed to waive claims against "the Business, the Acquired Assets, Purchaser, any of Purchaser's affiliates . . . , and agreed not to bring any actions or claims "agai...