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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...infliction of emotional distress without leave to amend. Mr. King's intentional infliction of emotional distress claim is time‐barred. Claims for intentional infliction of emotional distress have a two‐year statute of limitations. (Code Civ. Proc. § 335.1; Wassmann v. South Orange Cty. Comm. College Dist. (2018) 24 Cal.App.5th 825, 852‐53.) "A cause of action for intentional infliction of emotional distress accrues, and the statute...

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: ...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: ...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: ...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: ...Continued Per Parties' Request. Defendants' petition to compel arbitration of all the complaint's counts save the Private Attorney General count is GRANTED and this litigation is STAYED pending the arbitration. (CCP §1281.4.) The two arbitration agreements' existence is undisputed. The agreements are not invalid because "permeated with unconscionability," as plaintiffs argue. Two sentences in the three‐page single‐spa...

Excerpt: ...019 to serve Defendants' counsel with a declaration attaching medical records that provide evidentiary support for that request. Such declaration shall be served by hand and email on opposing counsel, and a courtesy copy must be provided to Department 302, specifying that it is for the Court's viewing and not for filing. If Defendants wish to object to the sufficiency of Ms. Karnazes's declaration and medical records, they must do so ...

Excerpt: ...9;s Petition/Application To Compel Arbitration And Stay Civil Action.(part 1 of 2) Defendants Milestone Financial, LLC, Bear Bruin Ventures, Inc., William R. Stuart, Carolyn Stuart, and Zoe Hamilton's petition to compel arbitration and stay civil action is denied. Plaintiffs allege that they were fraudulently induced to enter into the original loan agreement and later loan modification agreements by Defendants' fraudulent misrepresentatio...

Excerpt: ...ter judgment pursuant to Code Civ. Proc. § 666.4 are satisfied. There was no "pending litigation" between the parties when they stipulated that their settlement may be enforced under § 664.6. (Kirby v. Southern California <0003003e00550048004f00 00460058005700480047[ before suit filed could not be enforced under § 664.6]; see also Viejo Bancorp, Inc. v. Wood (1989) 217 Cal.App.3d 200, 206 ["By its very terms, section 664.6 is limit...

Excerpt: ...s filed 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 dis...

Excerpt: ...attorneys' fees and costs as sanctions is denied. Plaintiff Toni Lessler expressly consented to the Mutual Arbitration Agreement ("MAA" or "the agreement") by signing it. Defendant's signature on the MAA was not a requirement for Defendant to enforce the agreement to compel arbitration. (See Serafin v. Balco Properties Ltd., LLC (2015) 235 Cal.App.4th 165, 176 ["[T]he writing memorializing an arbitration agreement need...

Excerpt: ...s‐containing products or materials attributable to defendant. (Weber v. John Crane, Inc. (2006) 143 Cal.App.4th 1433, 1442.) The burden of production "should not shift without stringent review of the direct, circumstantial and inferential evidence." (Sheiding v. Dinwiddie Construction Co. (1999) 69 Cal.App.4th 64, 83.) Defendant cannot rely on a plaintiff's factually devoid discovery responses in the absence of conducting comprehens...

Excerpt: ... written fee agreements between an attorney and a client, Business and Professions Code section 6148(a) requires an attorney, at the time the contract is entered into, to "provide a duplicate copy of the contract signed by both the attorney and the client . . . to the client." Failure to comply with any provision of section 6148 "renders the agreement voidable at the option of the client," but "the attorney shall, upon the agr...

Excerpt: ...eir First Amended Cross‐Complaint. Judge Schulman discloses that he is personally acquainted with Jeffrey Lowenthal, one of Defendants' counsel. This will not interfere with his ability to fairly and impartially decide this matter. Defendants Fifth Historic Properties, LLC,, Martin Mcnerney Development, Inc., 418 Jessie Historic Properties, LLC, 418 Jessie Properties, LLC's motion for leave to file a first amended cross‐complaint is g...