Excerpt: ...ned 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 emai...

Excerpt: ...tners, Inc.'s motion for summary judgment is denied. The motion is denied as moot as to the cross‐complaint by Armstrong Flooring, Inc. because that cross‐complaint was dismissed on January 10, 2019. Nova's motion is denied as to the Maxxon Corporation cross‐ complaint because Nova failed to maintain its burden of production. The Court sustains Maxxon's objection to the Marks declaration because he failed to sign it. (Code Civ. ...

Excerpt: ...nd Dev Gnanadev, M.D.'s demurrer to Petitioner William Y. Moores, M.D.'s first amended petition for writ of mandate and complaint for damages and declaratory and injunctive relief is sustained without leave to amend as to all nine causes of action. Petitioner's claims fail for several reasons-most notably, expiration of statutory limitations periods and principles of res judicata. Per Evidence Code sections 452(c)-(d), and 453, the Co...

Excerpt: ...r True Name. Defendant City and County of San Francisco's motion for an order requiring Plaintiff "John Doe" to proceed under his true name is granted. While there is no blanket rule against the use of fictitious names by plaintiffs in cases where (as here) such a procedure is not explicitly authorized by statute, a plaintiff may not use a fictitious name except when unusual circumstances justify protecting his true identity, such as ...

Excerpt: ...t necessarily follow that because the Wells Fargo account was only used for the apartment's rents and expenses, every deposit into the account constituted "missing rental income." Standing alone, the single deposit on one occasion in 2017 from a Chase bank account does not necessarily lead to any particular conclusion about the Chase account. Here, Defendants have provided an explanation for the Chase deposit - that is, it was money t...

Excerpt: ...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 the motion sign the stipulation, the...

Excerpt: ...ion is Contra Costa County, the residence of both Defendants, and the county in which the alleged contract was entered into, was to be performed, and was allegedly breached. (Code Civ. Proc. Secs. 395(a), 395.5.) A cause of action for defamation or slander is not an action "for injury to person" within the meaning of Section 395(a). (Graham v. Mixon (1917) 177 Cal. 88, 93; see also Carruth v. Superior Court (1978) 80 Cal.App.3d 215, 217�...

Excerpt: ...is granted in the amount of $1,081,315. Plaintiffs have carried their burden to show by a preponderance of the evidence (1) that the claim upon which the attachment is based is one upon which an attachment may be issued; (2) Plaintiffs have established the probable validity of the claim upon which the attachment is based; (3) the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based; and (4...

Excerpt: ...ke portions of plaintiff Keri Findley's first amended complaint is denied as to the request for punitive damages and sustained with leave to amend as to the request for injunctive relief. Ms. Findley has sufficiently alleged that defendants engaged in malicious conduct with a willful and conscious disregard for the rights of others by alleging that defendants caused her termination in order to continue their illicit scheme. Ms. Fridley has no...

Excerpt: ...or Summary Adjudication Defendant Equinox Holdings, Inc.'s motion for summary judgment is granted. Causes of action 1, 3, 5, and 9 all fail because Equinox is not vicariously liable for the alleged sexual assault as a matter of law. Equinox has a policy against sexual assault and such conduct is not part of normal yoga instruction. (Plaintiff's Response to UMF 2.) The fact that it is foreseeable that yoga instruction can involve touching ...

Excerpt: ... an accident that occurred on October 18, 2015 was filed on August 2, 2016, and all of the evidence of Plaintiff's medical treatment dates to 2015 and 2016. At Plaintiff's deposition, which was taken on December 15, 2016, Plaintiff testified that he was suffering residual pain from the accident. Plaintiff has failed to show good cause for not seeking reclassification earlier. (Code Civ. Proc. § 403.040(b)(2).) That counsel delayed for mo...

Excerpt: ...ompel Appearances At Depositions, (2) To Compel Production Of Documents At Deposition, And (3) For Sanctions Pro Tem Judge James Fleming, 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 p...

Excerpt: ...led to show either a reasonable probability of success on the merits or an imminent threat of irreparable harm. (San Francisco Newspaper Printing Co. v. Superior Court (1985) 170 Cal.App.3d 438, 442 [holding that an injunction must not issue unless it is reasonably probable that the moving party will prevail on the merits]; Tahoe Keys Property Owners' Assn. v. State Water Resources Control Bd. (1994) 23 Cal.App.4th 1459, 1471 [holding that is...

Excerpt: ...s Glass Systems, Inc.'s motion for undertaking is denied. Bagatelos fails to present competent evidence demonstrating that there is a "reasonable possibility" that it will prevail within the meaning of Code of Civil Procedure § 1030(a). The only evidence that Bagatelos relies upon is the declaration of counsel Christopher Rodriguez. The Court sustains C.I. Energia's objections to that declaration. The declaration fails to show th...

Excerpt: ...the "Punitive Damages Allegations" contained in paragraphs 15 and 16, is granted. (See Turman v. Turning Point of Central California, Inc. (2010) 191 Cal.App.4th 53, 63 [affirming order striking punitive damages allegations].) In order to state a prima facie claim for punitive damages, a complaint must set forth the elements stated in the general punitive damage statute, Civil Code section 3294, including allegations that the defendant ha...

Excerpt: ...e of action for declaratory relief, and is sustained as to the third cause of action for fraud with 30 days' leave to amend. The Court takes judicial notice of the Subscription Agreement, which both parties discuss. The Court previously denied Defendants' motion for judgment on the pleadings as to the breach of contract cause of action. Defendants' newly-asserted contention that the contract is illegal and unenforceable is unavailing....

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: ...iled on October 24, 2016. Plaintiff failed to exercise reasonable diligence in the prosecution of this action. He did not serve defendant with the summons and complaint for over six months, causing the Court to issue an order to show cause. The delay was not attributable to settlement negotiations or discussions. Plaintiff was not reasonably diligent in either seeking or responding to discovery. Plaintiff failed timely to respond to proper discov...

Excerpt: ... declarations and documents filed by all three cross-defendants seeking good faith determinations in this case, particularly Plaintiff's interrogatory responses regarding the amount of their claimed damages and the report of Plaintiffs' expert Richard Avelar regarding the causes of the claimed damages and the costs to repair the identified water intrusion and associated damages. The discovery responses, expert report, and other declaratio...

Excerpt: ...avor of the earlier-filed action pending in Texas state court is denied. A trial court considering a forum non conveniens issue engages in a two-step process. The first step is to determine whether a suitable alternative forum exists. (National Football League v. Fireman's Fund Ins. Co. (2013) 216 Cal.App.4th 902, 917.) Where (as here) there is a suitable alternative forum, the court proceeds to the next step, consideration of the private int...

Excerpt: ...constitute any cause of action. (Code Civ. Proc. § 340.) The Court sustained the Medical Board's previous demurrers in part without leave to amend, but granted Plaintiff leave to amend her claim that the Medical Board has violated Business and Professions Code Section 828 by not excluding investigative reports from information provided to persons outside of the Medical Board. Plaintiff's second amended complaint does not allege any facts...

Excerpt: ...s will not affect his ability to fairly and impartially decide this matter. Petitioner KHP III SF Sutter LLC's motion for an award of attorneys' fees under Code of Civil Procedure section 1021.5 is denied. While a taxpayer's due process right to appeal from a real property tax assessment undoubtedly is an important right affecting the public interest, the necessity and financial burden of private enforcement are not such as to make th...

Excerpt: ...te as a matter of law that it did not owe a duty of care to Mr. Roussos. Businesses, such as restaurants and bars, have an affirmative duty to take reasonable steps to secure their premises against reasonably foreseeable criminal acts of third parties. (Delgado v. Trax Bar & Grill (2005) 36 Cal.4th 224, 235.) Under certain circumstances, this special-relationship-based duty may include a duty to provide security guards to protect the safety of pa...

Excerpt: ...s on both prongs of the anti- SLAPP motion analysis. First, Defendant has shown that the course of action challenged by Plaintiff arises from protected petitioning or free speech activity. As Plaintiff concedes in his opposition, his claims arise entirely from the allegedly false statement about his failure to pass the California Professional Responsibility Exam (CPRE) by February 15, 1993 as required by the State Bar and the resulting suspension...

Excerpt: ...er judgment confirming the award in favor of The Nobo, LLC and against Respondent Applepalm Enterprises, Inc. per Code of Civil Procedure section 1287.4. The scope of judicial review of arbitration awards is extremely narrow. An arbitrator's decision generally is not reviewable for errors of fact or law. (Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 11; Branches Neighborhood Corp. v. Calatlantic Group, Inc. (2018) 26 Cal.App.5th 743, 750.) ...