Excerpt: ...ntrary to the weight of the evidence. The evidence shows that Mendoza agreed to submit to a breath test but failed to complete the test when, on each of three attempts, he refused to place his lips completely over the mouthpiece, causing an error. (See Cole v. Department of Motor Vehicles (1983) 139 Cal.App.3d 870, 875 [compliance with the implied consent law consists of completing, not merely attempting the test offered].) Mendoza's failure to c...

Excerpt: ...nt is denied. Although Plaintiff did not timely serve the second amended complaint in compliance with the court's order, Defendants did not seek entry of judgment pursuant to Code Civ. Proc., § 581(f)(2) before Plaintiff served the second amended complaint. Further, Defendants do not show that they met and conferred with Plaintiff before filing their motion to strike, as required by Code Civ. Proc., § 435.5. Any party who contests a tentative r...

Excerpt: ...brief. As the court previously noted, petitioner had the information that it needed to assert this issue prior to filing his moving papers, but he failed to do so. The reply brief was not rebutting an argument that respondent raised. Petitioner therefore waived the matter. Petitioner's citation to and reliance on an unpublished Court of Appeal decision is improper. (Cal. R. Ct. 8.1115(a).) The court rejects Petitioner's res judicata argument, whi...

Excerpt: ...its initial burden. (See Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849 [a defendant moving for summary judgment "bears the burden of persuasion that one or more elements of the cause of action in question cannot be established, or that there is a complete defense thereto."].) Morrow‐Meadows has not established there are no triable issues of fact as to whether it is liable to Plaintiff. Morrow‐Meadows owed a duty of care to Plai...

Excerpt: ...ecember 30, 2019, Line 1, PLAINTIFF FRED LARSEN Motion To Compel Defendant Top Dog Pet Care LLC (Dba Top Dog Sf) To Produce Its Person(S) Most Qualified And Custodian Of Records To Appear For Deposition And Production Of Documents And Request For Monetary Sanctions. Pro Tem Judge Bruce Highman, 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 m...

Excerpt: ...oss‐complaint is granted on the following specified conditions which Geo‐Cell must agree to either orally at the hearing or in writing sent to counsel for cross‐defendant Maxxon Corporation prior to the hearing. The conditions that Geo‐ Cell must agree to are: 1) Geo‐Cell must serve verified code‐compliant responses without objection other than privilege no later than December 16, 2019 to the following deem‐served discovery: a) stat...

Excerpt: ...[C]ompliance with the statutory procedures for service of process is essential to establish personal jurisdiction. Thus, a default judgment entered against a defendant who was not served with a summons in the manner prescribed by statute is void. Under section 473, subdivision (d), the court may set aside a default judgment which is valid on its face, but void, as a matter of law, due to improper service." (Ellard v. Conway (2001) 94 Cal.App.4th ...

Excerpt: ...utes whether: 1) the combination of the carpet, gap, and lip of the trim constitutes a dangerous condition of property (Williamson Depo 63:14‐23; 68:2‐19; 69:22‐71:13) and 2) that condition caused Ms. Tryon's injury (Williamson Depo 69:22:1‐71:13). While Sutter's reply memorandum argues that Ms. Tryon has no evidence on the element of notice, Sutter's notice of motion does not mention that issue nor was that issue argued in Su...

Excerpt: ... To Plaintiff Artem Koshkalda And Andriy Kravchuks Responses To Form Interrogatories Set One Special Interrogatories Set One And Requests For Production Of Documents Set One Pro Tem Judge Roger Mead, 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 agreei...

Excerpt: ...nation that its settlement with plaintiff Thomas Lewis is in good faith per CCP 877.6 is granted. MRL has adequately addressed all of the applicable Tech‐Bilt factors. The ECIG defendants have not shown that the settlement between Mr. Lewis and MRL is outside the ballpark. The amount of the settlement represents a fair approximation of MRL's proportionate share of a judgment notwithstanding the reasonable prospect of a liability finding aga...

Excerpt: ...anted in part. Ms. Franus is awarded $10,044.54 in fees and costs, the amount she sought in her initial motion. It is undisputed that, by her attorney, Ms. Franus agreed not to pursue further efforts to seek fees and costs for the services rendered in her successful anti‐SLAPP motion in return for full payment of the amount she sought in her initial fees and costs motion. Plaintiff Jennifer Thompson fully performed her part of the agreement. Th...

Excerpt: ...al mandamus is denied. The court reviews legal issues de novo and employs the substantial evidence test in reviewing hearing officer Lowe's factual findings. (Strumsky v. San Diego County Employees Retirement Ass'n, (1974) 11 Cal.3d. 28, 32; Zuniga v. San Mateo Department of Health Services, (1990) 218 Cal.App.3d 1521, 1530 (substantial evidence test used to review order to destroy dog).) Substantial evidence in the record demonstrates th...

Excerpt: ...n for attorneys' fee per CCP 425.16 is denied. The unsuccessful arguments made by defendant Twitter, Inc. why the claims alleged by plaintiffs were not covered by the public interest exception to the activity protected by the anti‐SLAPP statute were neither totally and completely without merit nor solely intended to delay this case. Twitter's arguments fall well within the broad range of permissible and non‐ sanctionable arguments tha...

Excerpt: ...es In Support; Declaration Of Timothy H. Stearns; Proposed Order Defendant Mary Franus' amended motion for an award of mandatory attorney's fees and costs is granted in part. Ms. Franus is awarded $10,044.54 in fees and costs, the amount she sought in her initial motion. It is undisputed that, by her attorney, Ms. Franus agreed not to pursue further efforts to seek fees and costs for the services rendered in her successful anti‐SLAPP mo...

Excerpt: ... case is stayed pending the conclusion of arbitration proceedings on all of the claims filed by plaintiff Rachel Moore other than her PAGA claim. Ms. Moore's PAGA claim is not subject to arbitration per the California Supreme Court's decision in Iskanian. Considered singly or collectively, none of the litigation conduct of the moving defendants constitutes a waiver of their right to arbitrate the claims of plaintiff Rachel Moore nor has M...

Excerpt: ... Hall is granted. The Supreme Court of New York is the proper forum, at least in the first instance, for the adjudication of Ms. Hall's claims against Mr. Rosen. Mr. Rosen was appointed as an assignee per a New York statutory scheme and the New York court has supervisory authority over Mr. Rosen, which includes the authority to impose personal liability against Mr. Rosen for his conduct relating to his role as assignee. While California has a...

Excerpt: ...e is granted. The answer filed by real party in interest Christopher Garrison after the writ decision by Judge Quidachay is untimely and was not authorized by the court. Mr. Garrison has not cited any authority, nor is the court aware of any authority, allowing a real party in interest in a writ proceeding who didn't participate in the case prior to the decision to file an answer after the decision. Any party who contests a tentative ruling m...

Excerpt: ...y with the money deposited into Wells Fargo Bank accounts xxxxxx4046 and xxxxxx4826 until entry of final judgment in this action is granted. The motion is unopposed and Thermo Energy has shown that it is likely to prevail on the merits of its fraud claims against Doe defendants based on evidence that Thermo Energy has been the victim of a fraudulent phishing scheme. (Collard Decl. Exh. A‐ E 12). Thermo Energy has also shown that it is likely to...

Excerpt: ...nia 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 Superior Cou...

Excerpt: ...ded Notice Of Hearing On General And Special Demurrers To Plaintiffs Superseding Third Amended Complaint Defendants Station House C1, LLC, VC Multifamily Portfolio Venture GP, LLC and VC Fund C-1, LLC's demurrer to the first, second and fourth causes of action in the superseding third amended complaint filed by plaintiff Mint Collection - 410-418 Jessie Street Condominium Owners' Association is sustained without leave to amend as to all t...

Excerpt: ...nsel for defendants Eric Smith and Berman Skin Institute Medical Group, Inc. prior to the hearing. The conditions that Mr. Perez must agree to are: 1) after the first amended complaint is filed, defendants may withdraw their current motion for summary judgment and file one or more motions for summary judgment and/or adjudication on 30 days instead of 75 days' notice; 2) Mr. Perez must serve verified code‐compliant responses without objectio...

Excerpt: ...2019, 2018, Line 17, DEFENDANT THE CANADA LIFE ASSURANCE COMPANY, COMPUTER SCIENCES CORPORATION, SWISS RE LIFE & HEALTH AMERICA, INC. MOTION FOR SUMMARY JUDGMENT Or In The Alternative, Summary Adjudication Of Issues.(part 1 of 2) Defendant Canada Life Assurance Company's motion for summary adjudication is denied as to issues 1, 2, and 3. There are triable issues of material fact regarding whether Canada Life breached the contract, breached th...

Excerpt: ...e Section 437c. Plaintiff The People of the State of California, by and through the Commissioner of Business Oversight's motion for summary judgment is GRANTED. Defendant Douglas R. Hanson does not dispute that the court had the authority to amend the duties of the Special Master and the interlocutory judgment and to issue the stay on the litigation against the LLCs. Moreover, the court has inherent power to amend existing orders and to issue...

Excerpt: ...ONG's Motion For Reconsideration And Revocation Of Order Granting Motion To Set Aside Default And Default Judgment. Plaintiffs' motion for reconsideration and revocation of order granting motion to set aside default and default judgment is DENIED. Plaintiffs lacked reasonable diligence in adducing their "new evidence," which was in any event duplicative of an insurer's declination they apparently already knew about. Further, a...

Excerpt: ...is necessary for his support. Woo fails to cite a statutory basis to exempt the excess and fails to meet his burden under CCP 704.080(e)(4). If Woo is relying on the necessary for support exemption of CCP 706.051(b), that exemption does not apply as this case does not involve an earnings withholding order. Any party who contests a tentative ruling must send an email to [email protected] with a copy to all other parties by 4pm stating, wit...