Excerpt: ...ments 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 telepho...

Excerpt: ...n of emotional distress requires "outrageous conduct" on behalf of the defendant. (Davidson v. City of Westminster (1982) 32 Cal.3d 197, 209.) For conduct to be outrageous, it must be "so extreme as to exceed all bounds of that usually tolerated in a civilized community." (Id.) "[I]t is generally held that there can be no recovery for mere profanity, obscenity, or abuse, without circumstances of aggravation, or for insults, in...

Excerpt: ...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 parties to ...

Excerpt: ...dividual may be proper at the defendant's "usual mailing address," before an individual may be served by substitute service, the burden is on the plaintiff to show that the summons and complaint "cannot with reasonable diligence be personally delivered to the person to be served." Code Civ. Proc. § 415.20(b). Here, the proof of service is facially defective because it does not show that Plaintiff exercised reasonable diligenc...

Excerpt: ...s' compensation statute by failing to plead it as an affirmative defense in its answer. "Generally speaking, in a lawsuit for personal injury damages, a defendant has the burden of pleading and proving, as an affirmative defense, the existence of the conditions of compensation under the workers' compensation law." (Brown v. Desert Christian Center (2011) 193 Cal.App.4th 733, 739, citing Doney v. Tambouratgis (1979) 23 Cal.3d 91, 9...

Excerpt: ...or, Kiransinh Thakor, and Lataben Thakor's demurrer to Plaintiffs' Maria Elena Melgoza and Elder Chocoj's complaint is overruled as to all ten causes of action. Plaintiffs make sufficient allegations to support each cause of action and to lay out their theory for how each of the nine named defendants allegedly played a role in the Labor Code violations asserted in the complaint. (See, e.g., Complaint 1‐14, 16‐19, 29‐30, 40, 51, ...

Excerpt: ...tion" as those pled in the FAC because plaintiff's first PAGA action and the class action involve only wage and hour claims, while the causes of action asserted in the FAC are for retaliation and wrongful termination. (Code Civ. Proc. § 430.10(c); see Bush v. Superior Court (1992) 10 Cal.App.4th 1374, 1384 [actions were not on the same cause of action where they did not involve invasion of the same primary right].) Even though the claims...

Excerpt: ...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 telephone, the stipulat...

Excerpt: ...coverage to the broker's clients. (Travelers Property Casualty Company of America v. Superior Court (2013) 215 Cal.App.4th 561, 565.) The third party's remedy is against the client for failing in its obligation to procure insurance, not against the broker for failing to provide it. (Id.) The Subcontract Agreement requires the subcontractor, HMI Enterprises, Inc., to obtain workers compensation insurance, but does not mention Delaplace or ...

Excerpt: ...er Agreement, Bank of the West is an intended third-party beneficiary of the Agreement. (See Agreement 8 ["By signing this Agreement you consent and agree that any dispute that arises out of or relates to your assignment with the Bank (including, without limitation, any dispute with or claim against the Bank), . . . shall be submitted to binding arbitration[.]" (emphasis added)]; id. 8(ii) ["Bank may lawfully seek enforcement of this ...

Excerpt: ... defendants or some of them reside at the commencement of the action is the proper court for the trial of the action." (Code Civ. Proc. § 395(a).) Both Defendants are residents of Los Angeles. Venue is only proper where the injury occurred when the injury is a physical injury to a person or personal property; the injury "does not include mere injury to reputation, business or personal feelings." (Plum v. Newhart (1931) 118 Cal.App. 7...

Excerpt: ..." leave to file a cross‐complaint "at any time during the course of the action." (Code Civ. Proc. § 426.50; see Silver Organizations Ltd. v. Frank (1990) 217 Cal.App.3d 94, 98‐99 ["A motion to file a cross‐complaint at any time during the course of the action must be granted unless bad faith of the moving party is demonstrate where forfeiture would otherwise result."].) Defendant Chronomite Laboratories, Inc. has not sh...

Excerpt: ...ees is granted. Defendants Guneet Bajwa and Sushil Patel do not dispute that Fabricor and Leizorek are the parties prevailing on the Guaranty and are entitled under that agreement to an award of "any and all costs, fees and expenses (including without limitation, reasonable attorneys' fees and costs) and expenses incurred by Guaranteed Parties in enforcing any rights and remedies under the Guaranty." The Court determines that the reas...

Excerpt: ...iner Agreement may allow expanded judicial review of the merits of the arbitrator's decision. (See Cable Connection, Inc. v. DirecTV, Inc. (2008) 44 Cal.4th 1334; but see Oaktree Capital Management, LP v. Bernard (2010) 182 Cal.App.4th 60, 70‐71.) Even assuming it does, however, Petitioner has failed to establish that the arbitrator committed legal error or exceeded his powers in rendering the award. The arbitrator expressly found that the ...

Excerpt: ...34; that does not state any intelligible ground for opposing the motion. The Court finds that Plaintiff James Sales, having within the past year commenced in propria persona six lawsuits against the City and County of San Francisco that have been finally determined adversely to him, is a vexatious litigant. (Code Civ. Proc. § 391(b)(1).) Because the Court has sustained the City's demurrer to the amended complaint in this action without leave...

Excerpt: ...e 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 signed vi...

Excerpt: ...art 2 Of 2) The negligence per se doctrine does not apply because Plaintiffs have not produced any evidence that either the service brake system or the parking brake system was defective, and therefore there is no evidence that the City violated Veh. Code § 26453. (UMF 7, 10.) Further, Plaintiffs cannot proceed on a negligent training theory because they have pled only a single cause of action for motor vehicle negligence. Plaintiffs cannot avoi...

Excerpt: ...mend. As the court previously noted, Plaintiff's theory of recovery on the fraud claim is that once Defendant learned that the settlement offers were not memorialized, which was after the parties entered into their agreement, Defendant concealed the fact that Defendant intended to assert that the agreement was invalid when it received the settlement funds. (Complaint, 3:10-5:16; 7:1-24; Order Denying Defendant's Motion for Summary Adjudic...

Excerpt: ...ease in the San Francisco Bay Area by passing SB 595, of which the Court takes judicial notice. (RJN, Exh. C; see also Sts. & Hy. Code §§ 30916, 30923.) Under Article XIIIC of the California Constitution, "impose" means "enact" or "establish" and does not include the collection of the alleged "tax." (See Cal. Cannabis Coalition v. City of Upland (2017) 3 Cal.5th 924, 944 n.17 ["'impose' most plausibly...

Excerpt: ...iates, Inc. Plaintiff Northern California Collection Services, Inc.'s motion to strike answer is granted. Judicially noticeable documents show that defendant improperly filed an answer in this case on March 5, 2019, even though it has been a suspended corporation since December 1, 2016. A suspended corporation lacks the capacity to defend a lawsuit. (See Rev. & Tax. Code § 23301; Bourhis v. Lord (2013) 56 Cal.4th 320, 324.) The court normall...

Excerpt: ...whether a proposed class action settlement is fair and reasonable, a trial court "should consider relevant factors, such as the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and the stage of the proceedings, the experience and views of counsel, the presence ...

Excerpt: ... with leave to amend. Plaintiff's sole cause of action for medical malpractice is governed by the one- year limitations provision of Code of Civil Procedure section 340.5. The complaint and Plaintiff's opposition indicate that the alleged malpractice occurred on October 18, 2017, when Plaintiff alleges he witnessed medical staff refusing to treat his mother and prematurely declaring her deceased. The complaint was not filed until January ...

Excerpt: ...ed] OrderRulings:Set for hearing on Thursday, May 9, 2019, Line 12, PLAINTIFF RACHEL ARCHULETA's Motion To Enforce Stipulated Settlement Agreement Pursuant To C.C.P. 664.6, For An Order Compelling Performance And For Sanctions In The Amount Of $1,996.00, As Against Defendant Aryan Kenchin And His Attorneys Of Record Sheena Patel And John Ranucci Per C.C.P. 128.5. Plaintiff Rachel Archuleta's motion to enforce settlement is denied. For Cod...

Excerpt: ...gainst Mr. Zhen only; and sustained without leave to amend as to the first, second, fourth, and fifth causes of action for breach of contract, unlicensed contractor, slander of title, and petition to remove mechanics lien. As the court previously held in ruling on the demurrer to the first amended complaint, Mr. Kung has pled a viable claim for negligence (construction defects) against Mr. Zhen which needs to be restated verbatim in the operative...

Excerpt: ...ode section 2802. Labor Code section 2802 does not require an employer to indemnify its employees for expenditures or losses arising out of a lawsuit brought by the employer. (Thornton v. Cal. Unemployment Ins. Appeals Bd. (2012) 204 Cal.App.4th 1403, 1420 ["[U]nder Labor Code section 2802 . . . an employee sued by his employer is not entitled to reimbursement for the costs of successfully defending against the lawsuit because the reimburseme...