Excerpt: ...akes into account a rough approximation of plaintiff's total recovery and defendant's proportionate liability, the amount paid in settlement, and recognizes that a settlor should pay less in settlement than if he were found liable after trial. The court also considers the financial condition of the settlor, the existence of insurance, and any evidence of collusion. (See Tech-Bilt, Inc. v. Woodward-Clyde & Assoc. (1985) 38 Cal.3d 488, 499....

Excerpt: ...Bancorp Bank's motion to reconsider the order granting cross‐complainant Stan Schuldiner's motion to tax costs is granted. The ITC parties are awarded costs of $6,590.17. The ITC parties have shown that the court should exercise its discretion under both CCP 1008 and the court's inherent authority to reconsider the prior order and, upon such reconsideration, the evidence on this motion shows that the ITC parties are entitled to an a...

Excerpt: ...urt's June 12, 2019 Judgment contained a typographical error that referred to the filing date of the City's memorandum of costs as May 4, 2018 rather than May 6, 2019. Pursuant to the Court's inherent power to correct clerical errors in a judgment at any time, the judgment is amended to reflect the correct filing date. Plaintiff's motion is otherwise denied. Although the Court denied the City's motion for an award of attorneys...

Excerpt: ...ment is sustained without leave to amend. The economic loss rule bars the claim. Plaintiffs allege that Defendants concealed certain defects in the electrical architecture of their vehicles, but does not allege that their vehicle was affected by any of the problems allegedly caused by those electrical defects, nor do they plead that they suffered any damages other than the alleged economic damage related to the purchase of the vehicle itself. The...

Excerpt: ...er. Because negligent entrustment is a negligence claim, there can be no finding of "malice" to support punitive damages without allegations showing intent to perform an act known to have a high probability of harm. (See Flores v. Enterprise Rent-A-Car Co. (2010) 188 Cal.App.4th 1055, 1063 [reversing denial of summary adjudication of negligent entrustment claim and punitive damages request where there was no evidence the defendant was imp...

Excerpt: ...signed 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 by e...

Excerpt: ...s v. Goel (2005) 35 Cal.4th 1094.) Upon further reconsideration, the Court grants Defendant's motion to vacate the default entered on August 21, 2018. Code of Civil Procedure § 425.11(c) provides that "the plaintiff shall serve the statement [of damages] on the defendant before a default may be taken." In this case, plaintiff entered default on August 21, 2018 and filed the statement of damages on April 23, 2019. The statement of dam...

Excerpt: ... 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 s...

Excerpt: ...atory 9: Granted. In answering an interrogatory, defendant has a duty to make a reasonable search for the information if she doesn't know the answer. A reasonable search of FINRA online records would have revealed the answer to this interrogatory. Interrogatory 10: Granted. Defendant did not answer the interrogatory as to whether she was a party to the arbitration. The answer would be, "Yes," "No," or "I don't know....

Excerpt: ...t alleged conduct that is extreme and outrageous as a matter of law. The trial court may determine whether a defendant's conduct may reasonably be regarded as so extreme and outrageous as to permit recovery for IIED. (Plotnik v. Meihaus (2012) 208 Cal.App.4th 1590, 1614.) Without allegations of conduct that goes far beyond the annoyance and inconvenience of deceptive car towing, the FAC does not form the basis for an IIED claim. (See Davidson...

Excerpt: ...termination is denied, and Defendants' application for a good faith settlement determination is granted. Mr. Perez has agreed to pay $15,000 to Plaintiff Nicholas Renault, the entire amount of his available liability insurance coverage, and his declaration shows that he has exceedingly modest assets and is effectively judgment proof. (Perez Decl. 3‐6; see Dole Food Co., Inc. v. Superior Court (2015) 242 Cal.App.4th 894, 909 [relevant consid...

Excerpt: ...TED's Motion For Preliminary Approval Of Class Action Settlement And Conditional Certification Of Class For Settlement Purposes. Plaintiffs' motion for preliminary approval of class action settlement and conditional certification of class for settlement purposes is denied without prejudice to a further evidentiary showing. In addition, a hearing is required to address a number of issues raised by the motion. In order to determine whether ...

Excerpt: ...hip Interest and Partnership Agreement ("MIPA") is denied. Defendants fail to maintain their initial summary judgment burden. Defendants do not show that they breached the MIPA on November 30, 2012 and Plaintiff filed this action in an untimely fashion more than four years later. The parties originally contemplated that the first part of the MIPA would close "on or around" November 30, 2012. The record demonstrates that the partie...

Excerpt: ...aim for waiting time penalties is preempted. Section 301 of the Labor Management Relations Act (LMRA) preempts a state law claim if the claim requires the interpretation of terms in a collective bargaining agreement (CBA). (29 U.S.C. § 185; Melendez v. San Francisco Baseball Associates LLC (2019) 7 Cal.5th 1, 7-8.) Courts use a two-part test to analyze whether a state law claim is preempted, asking (1) whether the claim arises from independent s...

Excerpt: ...harm. Petitioner fails to show that Respondent's refusal to grant discretionary review of the Rasmusson's building permit was an abuse of discretion. Respondent has broad discretion in determining whether to grant discretionary review. (See Guinnane v. San Francisco City Planning Com., (1989) 209 Cal.App.3d 732, 740; Ideal Boat & Camper Storage v. City of Alameda (2012) 208 Cal.App.4th 301, 317.) Respondent's guidelines provide that d...

Excerpt: ...y, Inc. owes an immediate duty to defend Eric Smith's complaint. There is no dispute that the parties entered into the Vendor Master Agreement that incorporated the indemnification covenant. Best Buy's failure to submit a signed copy of the agreement does not show a lack of mutual consent. The Vendor Master Agreement does not include language that it would become operative only when signed by the parties. "The cases are legion to the ...

Excerpt: ...her summary judgment burden. First, claim/issue preclusion does not apply to this case. The probate proceeding did not decide whether decedent was the victim of fraud or elder abuse. (See Estate of Dito (2011) 198 Cal.App.4th 791, 802, 805 [petition asserting claim of financial elder abuse was not barred by res judicata where it raised a different primary right from that considered in the prior probate proceeding].) Further, Defendant does not ad...

Excerpt: ...9;s motion pursuant to Code of Civil Procedure § 473.5 fails because the default was not entered as a result of a lack of "actual notice." The record demonstrates that Defendant was properly served with the summons and complaint on November 29, 2018, and had notice of the action prior to entry of the default. (Locht Decl. 3, 6; Jawandha Decl. 4, 5 & Ex. A.) Further, he was represented by counsel, who was notified that his default would b...

Excerpt: ... undertaken "in a transaction intended to result or that results in the sale or lease of goods or services to any consumer." (Civ. Code § 1770.) The CLRA defines "[s]ervices" as "work, labor, and services for other than a commercial or business use, including services furnished in connection with the sale or repair of goods." (Id. § 1761(b).) It defines "goods" as "tangible chattels bought or leased for use p...

Excerpt: ... the conservatorship matter (Case No. PCN‐15‐299338). Therefore, the representations Plaintiff Romula Villanueva made that she was not a creditor of the estate in the Petitions for conservatorship filed prior to Decedent's death are consistent with Plaintiff's current position as a creditor. (SUMF Nos. 2‐3.) As such, there is no basis for judicial or collateral estoppel. Moreover, the Probate Code requires a claim to be filed with t...

Excerpt: ...s Of Requests For Production. (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 the motion sign the stipulation, the hearing will proce...

Excerpt: ...39;S Fees. 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 w...

Excerpt: ...'s complaint is sustained without leave to amend as to the second and fourth causes of action for fraud. "[E]ven though the plaintiff alleges false representations on the part of the physician or fraudulent concealment, our courts have always treated the action as one for malpractice." (Tell v. Taylor (1961) 191 Cal.App.2d 266, 271.) Based on the conduct alleged in the complaint, this claim is more properly stated as one for medical m...

Excerpt: ...taining products or materials attributable to Defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) For instance, Patricia Glavin's deposition testimony indicates that she identified a photograph of a metal can of Georgia Pacific Joint Compound as the product she saw her father‐in‐law use. (Declaration of Deborah Smith, Ex. G at 76‐77; Errata to Declaration of Jason Rose, Ex. V at Ex. A.) Evidence that UCC was not the on...

Excerpt: ...ted, the Second Amended Complaint is ordered stricken, and Plaintiff is ordered to pay Defendants $4,085.43 for the reasonable expenses, including attorney's fees, incurred by Defendants as a result of her conduct. (Code Civ. Proc. §§ 2023.030(d), 2025.450(h).) Plaintiff Kristen Eckert failed to appear at her properly noticed deposition or to serve responses to Defendants' interrogatories. Despite attempts by Defendants' counsel to ...