Excerpt: ...is an essential element of each of plaintiff Felisia Thibodeaux's claims and thus is the focus of defendants' motion. Plaintiff's supposed inability to prove causation was argued for the first time in reply, so that argument is not considered. A plain reading of plaintiff's resignation letter indicates she resigned. (Davis. Dec. Ex. A.) However, while plaintiff's evidence is weak, it must be construed liberally. (Binder v. Aet...

Excerpt: ...t 9:30am. Cross‐complainant Stan Schuldiner's motion to tax costs and amend the judgment is granted in part. The December 21, 2018 memorandum of costs filed by cross‐defendants ITC Financial Licenses, Inc. and The Bancorp Bank claims filing and motion fees of $1,620.70, deposition costs of $5,816.51 and total costs of $7,437.21, which, absent a timely filed amended memorandum, are the maximum amounts of costs recoverable by ITC and Bancor...

Excerpt: ...d in this chapter prosecuted by the employee, the employer, or both jointly against the third person results in judgment against such third person, or settlement by such third person, the employer shall have no liability to reimburse or hold such third person harmless on such judgment or settlement in absence of a written agreement so to do executed prior to the injury." This provision generally bars all personal injury and equitable indemnit...

Excerpt: ... the dismissal under Code of Civil Procedure section 473(b) (which Plaintiff has not requested it to do), Plaintiff "has failed to identify a colorable basis for relief under the statute." (Hopkins & Carley v. Gens (2011) 200 Cal.App.4th 1401, 1410 [affirming denial of self-represented party's motion to set aside arbitration award against him where he made no real attempt to show it resulted from a mistake of fact or law, surprise, or...

Excerpt: ...ll amount of the proposed settlement is fair and adequate in view of the purposes and policies of PAGA, taking into account such factors as the adequacy of the civil penalties in light of the potential maximum if the matter were to go to verdict and the risks of litigation. (Lab. Code § 2699(l)(2); see Flores v. Starwood Hotels & Resorts Worldwide, Inc. (C.D. Cal. 2017) 253 F.Supp.3d 1074, 1077; O'Connor v. Uber Technologies, Inc. (N.D. Cal....

Excerpt: ...ration is granted. The collective bargaining agreement ("CBA") does not include a clear and unmistakable delegation clause. Therefore, the court rather than the arbitrator will determine whether petitioner "waived" the right to arbitrate by failing to seek arbitration in compliance with the timing requirements of the CBA. (See Code Civ. Proc. § 1281.2(a) [court determines waiver]; Platt Pacific Inc. v. Andelson (1993) 6 Cal.4th 3...

Excerpt: ...onetary Sanctions 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 ...

Excerpt: ...cause the action was filed in the county where one of the defendants resides. (Code Civ. Proc. § 395(a).) Moving defendants have not shown that Plaintiff improperly joined the resident defendant. "A defendant's residence for venue purposes may only be disregarded when the joinder is sham, against one having no real interest in the litigation, who is joined solely for the purpose of achieving venue in a particular county." (Buran Equi...

Excerpt: ...ction Caves et al. v. Walgreen Co., Case No. 2:18-cv-02910-MCE-DB, in the U.S. District Court for the Eastern District of California is granted. The factors specified in Caiafa Prof. Law Corp. v. State Farm Fire & Cas. Co. (1993) 15 Cal.App.4th 800, guiding the court's discretion in considering a stay of the state action when there is a pending federal action covering the same subject matter, weigh heavily in favor of staying the instant acti...

Excerpt: ...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 email. If n...

Excerpt: ...r service, the court credits Mr. Sterling's uncontroverted declaration that he does not know the person named "Maria" with whom the summons was left, that he does not know a person with that name to be in charge of the hospital, and that he did not receive the summons and complaint. (Sterling Decl. 12, 13; see Fernandes v. Singh (2017) 16 Cal.App.5th 932, 941 ["declaration of non‐service if credited by the trial court can rebut ...

Excerpt: ...ntiff is alleging a vicarious liability cause of action per Gov't Code § 815.2 and/or a direct claim per Gov't Code § 815 and Civil Code § 2100. A claim against a public entity must be pleaded with particularity, including the existence and source of a statutory duty. (Searcy v. Hemet Unified School Dist. (1986) 177 Cal.App.3d 792, 802.) Plaintiff can allege a vicarious liability claim based on conduct by City employees. Plaintiff alle...

Excerpt: ...erference with economic relations, and without leave to amend as to the third and fourth causes of action. As to the first cause of action, "[t]he general rule is that the words constituting an alleged libel must be specifically identified, if not pleaded verbatim, in the complaint." (Kahn v. Bower (1991) 232 Cal.App.3d 1599, 1612 n.5; see also <00170018001b0011000c00 00550003005700520003[plead a claim of defamation with sufficient certai...

Excerpt: ...minations 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 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 ...

Excerpt: ...mber 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 authorit...

Excerpt: ...eclarations of Fulvio Cajina and Matthew Haley demonstrate just cause for the continuance as they identify specific facts essential to oppose the motion. Dr. Cohen was decedent's main treating therapist and a key witness in this case. Dr. Cohen's deposition occurred on April 22, 2019, which was only one day prior to the opposition due date, and there was insufficient time to incorporate her testimony into the opposition papers. Although t...

Excerpt: ...first amended complaint is overruled as to the first and second causes of action for strict liability manufacturing defect and negligence in manufacturing and sustained without leave to amend as to the third cause of action for failure to warn. Liberally construing the complaint, Plaintiff has identified federal regulations previously violated by Defendants and alleged to have been violated leading to the incident that injured Plaintiff. (FAC 13,...

Excerpt: ...ns, 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 the same ...

Excerpt: ...uments From Swett And Crawford Pro Tem Judge Julia Campins, 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...

Excerpt: .... Continued to a date agreed to by the parties after May 15, 2019 to give them the opportunity to continue settlement discussions. The parties should send an email to [email protected] stating the date they agreed to for the hearing. The parties should send an email to [email protected] stating the date they agreed to for the hearing. The CCP 170.3 statement filed by non‐party Joanna Pfeister to Pang Ly is denied without need fo...

Excerpt: ...t or alternatively summary adjudication as to the causes of action stated against it by cross‐complainants Fifth Historic Properties, LLC, 418 Jessie Historic Properties, LLC and 418 Jessie Properties, LLC in their first amended cross‐complaint is granted as to all causes of action. Northern Pacific Roofing is entitled to summary adjudication of the causes of action for equitable indemnity/ implied contractual indemnity, contribution, and neg...

Excerpt: ...y Graff's first amended complaint is sustained with 20 days leave to amend. Plaintiffs have not properly pled negligent entrustment because such a claim requires pleading of facts that the owner of the vehicle entrusted the vehicle to someone known to be unfit to drive. (Lindstrom v. Hertz Corp. (2000) 81 Cal.App.4th 644, 648.) The first amended complaint only alleges facts related to failing to secure the car and allowing it to be stolen. As...

Excerpt: ...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 as a Super...

Excerpt: ... papers and the declaration sought to be sealed fail to make the required "specific showing of serious injury" if the declaration sought to be sealed is made available to the public. (Universal City Studios, Inc. v. Superior Court (2003) 110 Cal. App. 4th 1273, 1282). "In delineating the injury to be prevented, specificity is essential. Broad allegations of harm, bereft of specific examples of articulated reasoning, are insufficient.&...

Excerpt: ... is fair and adequate in view of the purposes and policies of PAGA, taking into account such factors as the adequacy of the civil penalties in light of the potential maximum if the matter were to go to verdict and the risks of litigation. (Lab. Code § 2699(l)(2); see Flores v. Starwood Hotels & Resorts Worldwide, Inc. (C.D. Cal. 2017) 253 F.Supp.3d 1074, 1077; O'Connor v. Uber Technologies, Inc. (N.D. Cal. 2016) 201 F.Supp.3d 1110, 1132‐11...