Excerpt: ...tion is granted. When the court previously issued a stay of discovery in this case rather than a complete stay, it believed that the coverage issues could possibly be resolved based on the underlying pleadings alone. At that time, the record was unclear whether resolution of the coverage issues could lead to a risk of inconsistent factual determinations that could prejudice Arup. The court now determines that there is a risk of inconsistent factu...

Excerpt: ...jidsuren and Sergelen Ganutumur's application for a good faith settlement determination of their settlement with plaintiff Jeffrey Brunecker pursuant to Code of Civil Procedure § 877.6 is granted and Defendants Marin Country Day School and Steven Harrison's motion in opposition is denied. Cross‐defendants have standing to seek a good faith determination of their settlement with plaintiff, even though they did not make an appearance as ...

Excerpt: ...FENDANTS GENERAL TSO KITCHEN, INC., AND LI CAO'S Motion For An Order Establishing Admissions Or Compelling Responses And Further Responses, And Compelling Responses And Further Responses To Their First Set Of Form Interrogatories, Special Interrogatories, And Requests For Production Of Documents, And For Sanctions Judge Pro Tem Chuck Geerhart, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve ...

Excerpt: ...reconsideration of the December 17, 2018 order granting defendant Transportation Brokerage Specialists, Inc.'s motion to compel arbitration and stay proceedings is granted. The December 17, 2018 order is vacated and a new order is entered denying TBS's motion to compel arbitration. Zakaryan v. The Men's Wearhouse, Inc. (2019) 33 Cal. App. 5th 659 constitutes "new or different law" within the meaning of CCP 1008(a). Even if it ...

Excerpt: ... on November 20, 2018 is granted. The court notes that Defendant Lama Ashkar states that she was not served with the motion, and the address that appears on Plaintiff's proof of service appears to be incorrect (misspelled street name, wrong zip code). Plaintiff has shown that the order dismissing the case was entered as a result of counsel's mistake, inadvertence, surprise, or excusable neglect due to a calendaring error and counsel's...

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 Supe...

Excerpt: ... is granted. Although Plaintiff San Francisco Independent Taxi Association acted with "reasonable diligence" in attempting to serve Defendant, Plaintiff has not demonstrated that the individual who received the summons and complaint was the person apparently in charge of Defendant's "usual place of business." (Code Civ. Proc. § 415.20(b).) Defendant shows that he has only a tenuous relationship with National Cab Company at 22...

Excerpt: ...otion For Summary Judgment, Per Section 473b Code of Civil Procedure GRANTED in part. The Court will consider Defendants' late‐filed reply brief, but will not consider the voluminous additional documentary evidence improperly included with that brief, which Defendants' counsel's declaration fails to explain or justify. "The general rule of motion practice, which applies here, is that new evidence is not permitted with reply pape...

Excerpt: ... for a protective order is granted. The parties shall sign and submit for entry by the court Defendants' proposed protective order, subject to the following conditions. Plaintiff's request for an order allow her to view materials designated as Attorneys' Eyes Only is denied, without prejudice to her ability to challenge any such designations as overbroad. The protective order shall contain a provision allowing Plaintiff to use documen...

Excerpt: ...tative Ruling - Part 1 of 2 *** Defendants Grabhorn Institute, Lyra Corporation, William Barlow, Leslie Berriman, Phillip Bowles, William Buice, Kevin King, Helyn Maclean, Wilhelm Oehl and Paul Wattis' motion to strike portions of the first amended complaint is denied. The notice of motion is improperly directed at portions of Plaintiff's original complaint, which has been superseded by the first amended complaint. Defendants' various...

Excerpt: ...pany'S First Amended X-Complaint. *** Tentative Ruling - Part 2 of 2 *** The motion for judgment on the pleadings is granted with 30 days leave to amend as to causes of action 3-5. The parties cannot agree on what is actually pleaded in this case. Lian Tong argues that all of the claims are predicated on the 2015 cancellation agreement. Bing Wu claims that its claims are based both on the 2014 construction agreement and the 2015 cancellation ...

Excerpt: ...tion in violation of public policy and denied as to her second, third, and fourth causes of action for retaliation, harassment, and failure to prevent harassment under the Fair Employment and Housing Act (FEHA). Plaintiff's FEHA claims are not arbitrable as those claims are statutory. "Generally, a collective bargaining agreement (CBA) providing for arbitration of employment grievances does not provide for arbitration of a worker's cl...

Excerpt: ...proximately two months after the default was entered. The defendant provides a proposed pleading. Defendant demonstrates excusable neglect, mistake, and/or inadvertence caused entry of the default. Defendant's counsel was experiencing family issues during the time defendant's response was due. "[T]he policy of the law is to have every litigated case tried upon its merits, and it looks with disfavor upon a party, who, regardless of the...

Excerpt: ...nied as to the prayer for compensatory damages and is granted without leave to amend as to the prayer for attorney fees. As the court previously ruled in denying Mr. Vanucci's motion to strike the prayer for relief in the original complaint, the amount of compensatory damages is adequately alleged (FAC 21) and Fast Trak need not plead evidentiary facts to support those allegations. The prayer for attorney fees against Mr. Vanucci is not suppo...

Excerpt: ...exists is a question to be decided by the court. (Baker v. Italian Maple Holdings, LLC (2017) 13 Cal.App.5th 1152, 1158.) Niesar proves that plaintiff Mary Ellen Petroni reviewed and signed the fee agreement, confirmed the retention in a subsequent letter and made an initial payment under the hourly rates stated in the agreement. (Niesar Dec. 3‐5, 7 Exs. A‐B; Sbona Dec. 9‐11; Earsom Dec. 2.) Petroni does not deny signing the agreement or po...

Excerpt: ...udge 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 will decide the mot...

Excerpt: ...ions. The court finds that those documents have no probative value as they involve different actions and this court is solely concerned with whether plaintiff's first amended complaint in the instant action pleads sufficient facts to allege individual and/or class claims. The demurrer to all nine causes of action is sustained with 20 days leave to amend. "[S]imply parroting the language of [the Labor Code] in the complaint is insufficient...

Excerpt: ...ers' claims. It is undisputed that the parties entered into an arbitration agreement that covers all the claims Weathers has stated in his complaint. The agreement is enforceable because Mr. Weathers has not shown that it has any indicia of procedural unconscionability. (See Tiri v. Lucky Chances, Inc. (2014) 226 Cal.App.4th 231, 239 ["arbitration agreements are valid and enforceable, unless they are revocable for reasons under state law ...

Excerpt: ...ontinued to August 19, 2019 to allow for jurisdictional discovery. It is Plaintiff's burden to establish jurisdiction and it must present evidence to implicate the alter ego doctrine. (See Sonora Diamond Corp. v. Superior Court (2000) 83 Cal.App.4th 523, 539‐540.) Here, the Poschl declaration does not show that Mr. Hyde has sufficient minimum contacts with California or is the alter ego of Budget Prepay, Inc. such that the Court may exercis...

Excerpt: ...ed. The settling defendants provide substantial evidence regarding the nature and extent of their liability and Mr. Dimitriou fails to show that the settlement is out of the ballpark. (See Code Civ. Proc. § 877.6(d) [the party asserting the lack of good faith shall have the burden of proof on that issue]; Tech‐Bilt, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488, 499; Mattco Forge, Inc. v. Arthur Young & Co. (1995) 38 Cal.App.4th 1...

Excerpt: ... 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: ...ross‐Defendant Rainbow Waterproofing & Restoration Co. filed its motion for summary judgment or in the alternative for summary adjudication on February 15, 2019. On April 25, it filed a motion for a good faith determination as to its settlement with Plaintiff, which is currently set for hearing on June 5, 2019. According to counsel to the Developer Defendants and Patrick McNerney, Rainbow refused their requests to withdraw its summary judgment ...

Excerpt: ...f attorney's fees and costs pursuant to Code of Civil Procedure section 425.16 is granted in the amount of $36,147.50 in attorney's fees and $2,542.43 in costs. Because Defendants prevailed on their special motion to strike the complaint, they are entitled to recover their attorney's fees and costs. (Code Civ. Proc. § 425.16(c)(1).) However, the statute's legislative history shows that "the Legislature intended that a prevail...

Excerpt: ...§ 430.10(f).) The amended complaint is uncertain as Plaintiff fails to comply with California Rule of Court 2.112 and separately state his distinct theories of recovery. Plaintiff is given 20 days leave to amend to set forth separately each count or cause of action in compliance with the Rule of Court. For example, a claim for intentional infliction of emotional distress shall be alleged separately from a claim for false imprisonment. Paragraph ...

Excerpt: ...unsel Michael T. Risher and Stephanie Lacambra, which will not affect his ability to fairly and impartially decide this matter. Hearing required at 1:30 p.m. At the hearing, counsel should be prepared to address the following questions: 1. Does the Attorney General contest that Plaintiffs have standing to bring this action under the doctrine of public‐interest mandamus standing and/or taxpayer standing under Code Civ. Proc. § 526a? 2. Because ...