Excerpt: ...liability; and (3) public nuisance. The City has demurred to all causes of action for failure to state facts sufficient to constitute a cause of action (CCP S431.10(e)). Plaintiff's First Cause of Action for General Negligence: The elements of negligence are: (1) defendant owed a duty of care to plaintiff; (2) defendant breached that duty; (3) defendant's breach was a substantial factor in causing the damages; and (4) plaintiff was damaged. (Ladd...

Excerpt: ...ent and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, the court must set aside the resulting default. (CCP 473(b).) Here, defense counsel Lawrence E. Hart has filed a sworn declaration attesting to his mistake and neglect in failingto answer plaintiff Jonathan Harms s complaint. (See Declaration of Lawrence E. Hart, paragraphs 10-11.) The motion was filed within six months of ...

Excerpt: ...s to recover statutory damages under Civil Code sec. 52(a). (See Angelucci v. Cent. Supper Club (2007) 41 Cal.4th 160, 175 [explaining Unruh Act standing]; Molski v. M.J. Cable, Inc., 481 F.3d 724, 731 (9th Cir. 2007)[ The litigant need not prove she suffered actual damages to recover the independent statutory damages of $4,000. l; Botosan v. Paul McNally Realty, 216 F.3d 827, 835 (9th Cir. 2000) [ [P]roof of actual damages is not a prerequisite ...

Excerpt: ...ameda County action (Jonathan Bullinger v. The Finish Line, Inc. (Case 23CV038515)) is transferred to San Francisco and that action is consolidated with this action (CGC-23-605200) for all purposes. All future filings shall be under case number CGC-23-605200. While plaintiff s dismissal of several of his Labor Code claims in this case reduces the overlap, there remains overlap regarding the enforceability of the parties arbitration agreement. Tha...

Excerpt: ... near an II-inch drop concealed by planter boxes. (ld. at 3:9-14.) The complaint also pleads a similar incident involving another patron a few days earlier that alerted defendants to the hazard. (ld. at 4:4-16.) With the complaint's other allegations, this suffices to support punitive damages at the pleading stage. Defendants appear to be under the misapprehension that "evidence" must be adduced at this stage. (Rply. 2:5-6.) For the 9:30 a.m. Law...

Excerpt: ...stead of seeking arbitration, petitioners on two separate occasions sought to amend their petition to add civil causes of action. The reply for the first motion noted: "The purpose of the amended pleading is to provide Plaintiffs with the opportunity to litigate their claims in this Court, without having to proceed through arbitration." (Lazear Suppl. Decl., par. 2 (5/23/23.) he second moton similarly sought to litigate. (Lazear Decl., par. 3 (6/...

Excerpt: ...on a "special errand" for defendant when the accident occurred. (Sumrall v. Modern Alloys, Inc. (2017) 10 Cal.App.5th 961, 969 [triable issue of material fact whether defendant's employee was on a "special errand" when he was driving to the employer's work yard rather than his regular worksite]; CACI 3726.) For the 9:30 a.m. Law & Mo
Ÿon calendar, all a
©orneys and par
Ÿes may appear in Department 302 remotely. Remote hearings will be conducte...

Excerpt: ... 204 owned the building. Thus, 204's $2,500 se
©lement is appropriate. (See Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488.) The one of the seven defendants that opposes the good-faith mo
Ÿon argues that discovery is not complete (Opp.10:7), but avoidance of crushing discovery costs is a purpose of CCP 877.6. For the 9:30 a.m. Law & Mo
Ÿon calendar, all a
©orneys and par
Ÿes may appear in Department 302 remotely. Remote ...

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 si...

Excerpt: ...ugh their companies (East Rex, Yinrex, and Bonds) formed a general partnership (Seaker) to own, develop, operate, lease, and deal with real and personal property in San Francisco (specifically, real property at 135 Post Street). Cross-complainants Seaker, Yinrex, Anson Chan, and Bonds allege that cross-defendant Johnson Chan misappropriated assets, engaged in self-dealing behavior, and wasted corporate assets with the aid of a company attorney, J...

Excerpt: ...ugh their companies (East Rex, Yinrex, and Bonds) formed a general partnership (Seaker) to own, develop, operate, lease, and deal with real and personal property in San Francisco (specifically, real property at 135 Post Street). Cross-complainants Seaker, Yinrex, Anson Chan, and Bonds allege that cross-defendant Johnson Chan misappropriated assets, engaged in self-dealing behavior, and wasted corporate assets with the aid of a company attorney, J...

Excerpt: ...pplemental memorandum) violates Cal. Rules of Court ("CRC") 3.1113(d) and this court's order of October 10, 2023, which denied plaintiffs request to file an oversized brief. Second, the opposition does not provide an opposing separate statement in compliance with CCP 437c(b)(3) and CRC 3.1350. "Failure to comply with this requirement of a separate statement may constitute a sufficient ground, in the court's discretion, for granting the motion." (...

Excerpt: ...nish the drugs to decedent (undisputed Material Fact ("UMF") 5); (2) defendant did not have control of the apartment because possession was transferred to tenant Harken (LJMF 6; Civil Code sæ. 1954 [entry of dwelling by landlord]; and (3) defendant did not owe a duty to prevent or warn of the drug use because it did not have actual notice of the drug use in the apartment. (LJMF 7 - 12; Garcia v. Holt (2015) 242 Cal.App.4th 604 ["[8]efore liabili...

Excerpt: ...ment Agreement And Enter Judgment Pursuant To C.C.P. 664.6 And Stipulation Of The Parties. Plaintiffs' renewed motion to enforce settlement and enter judgment is denied. Plaintiffs previously sought this relief on November 19, 2009, and the court denied the motion. Plaintiffs' renewed motion does not comply with CCP 1008(b). Plaintiffs do not provide an affidavit setting forth "what application was made before, when and to what judge, what order ...

Excerpt: ... 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 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 signed via fax or consent to sign given by email. If not all parties...

Excerpt: ... 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 authority as a ...

Excerpt: ...on is a "consumer" arbitration and the protections of CCP 1281.97 et seq. apply. CCP 1280(c) defines a "consumer" as "an individual who seeks, uses, or acquires, by purchase or lease, any goods or services for personal, family, or household purposes." The JAMS initiating form similar defines consumer arbitrations as applying to "individuals." (Buchanan Decl., par. 7). Here, plaintiff Kwan signed the legal services agreement with defendant Thoits ...

Excerpt: ...r mandatory relief under CCP 473(b) is denied as follows. Elias argues his attorneys committed excusable neglect by failing to oppose defendant Lyft, Inc. 's motion to dismiss for forum non conveniens. The mandatory relief provision of CCP 473(b) directs the court to relieve a party from entry of judgment caused by their attorney's mistake, inadvertence, surprise, or excusable neglect. An application for mandatory relief, however, must be brought...

Excerpt: ... denied. Defendants' request for judicial notice is granted. "Litigation of an anti- SLAPP motion involves a two-step process. First, the moving defendant bears the burden of establishing that the challenged allegations or claims arise from protected activity in which the defendant has engaged. Second, for each claim that does arise from protected activity, the plaintiff must show the claim has at least minimal merit." (Bonni v. St. Joseph Health...

Excerpt: ...l 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 Superior Court Judge. If a party appea...

Excerpt: ...der Staying Proceedings Defendant BB/CCs motion for declaratory relief and clarification of January 25, 2023 order staying proceedings" is denied. A focus of this construction litigation is whether Uponor, Inc. PEX plumbing pipes in an apartment building are defective. That is among issues being resolved in an arbitration between some of the same parties. Thus, the court granted a defense motion to stay this court case pending completion of the a...

Excerpt: ... Alireza Alavi's motion for summary judgment is denied. On a summary judgment motion, the court strictly construes the moving party's evidence and liberally construes the opposing evidence. (See Stratton v. First National Life Insurance Co. (1989) 210 Cal.App.3d 1071, 1083.) In opposition, plaintiff presents expert evidence that Alavi caused plaintiff's injuries. (Response to UMFs 27; Declarations of Deborah Gold, M.D. and Lance Downing, M.D.) "A...

Excerpt: ...e entered in 2005-some 18 years ago. Defendant cannot obtain relief under CCP 473(b) or CCP 473.5 because the motion is untimely. (CCP 473(b) [the motion "shall be made within a reasonable time, in no case exceeding six months, after the judgment"]; CCP 473.5(a) ["The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or...

Excerpt: .... Specially Appearing Defendant The SM Companies, LLC
Ea The Save Mart Companies, Inc.'s second mo
Ÿon to quash service of summons and mo
Ÿon to dismiss complaint with prejudice, which is unopposed, is GRANTED IN PART AND DENIED IN PART. The mo
Ÿon to quash service is GRANTED. The mo
Ÿon to dismiss with prejudice is DENIED. The la
©er mo
Ÿon is made under California Rules of Court, rule 3.110. Under that rule, a failure to
Ÿmely serve a ...

Excerpt: ...by reasons of the defendant's mistake, inadvertence, surprise, or excusable neglect. CCP 473(b). Courts liberally construe CCP 473 to dispose of the case on the merits where possible. Zamora v. Clayborn Contracting Group, Inc. (2002) 28 Cal.4th 249, 256. A mistake of law, however, only justifies relief if it is excusable. Fidelity Federal Savings and Loan Ass'n of Glendale v. Long (1959) 175 Cal.App.2d 149, 154. The determining factor is the reas...