Excerpt: ... Or, In The Alternative, Summary Adjudication Of Issues. Defendants San Francisco Unified School District, Valerie Hoshino, Lisabeth Castro-Smyth, and Julie Goot's motion for summary judgment and alternative motion for summary adjudication are denied in their entirety. As to the breach of mandatory duty claim, the court determines that CANRA required that a report be made on behalf of plaintiff John Doe as a victim and there is a triable dispute ...

Excerpt: ...er 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 motion with the same authority ...

Excerpt: ... Kimomex's CEO, CFO and secretary. (TAC 7:11‐15.) Lujan was also Kimomex's responsible managing employee (RME), making him personally liable for its unpaid sales, employment and income taxes. (Id.) Lujan pleads that "commencing in 2014, taxing authorities have seized on" him "to satisfy these liabilities based on his status as RME." (Id. at 9:12‐15.) On August 23, 2019, Lujan filed his TAC; it pleads a single cause of action, for "indemnity a...

Excerpt: ...r A Protective Order Against Anna Gatti For Failure To Attend And Proceed With Noticed Deposition Under CCP 2025.430, 2025.420 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 T...

Excerpt: ...mayof, Simayof, Inc., a California corporation, and SIMUS, Inc., a California corporation, dba Simayof; and to a judgment of $135,000 against World of Charms, Inc., a Nevada corporation, aka WOC, Inc., aka Sarit Simayof Reveal Your Charm and Sarit Simayof, aka Sarit Simhayoff‐ Cohen, an individual (hereinafter "WOC"). The evidence indicates that Adi Simayof breached the stipulation for entry of judgment by failing to make timely payments. Mr. S...

Excerpt: ...Unum Life Insurance Company of America's motion to sever is granted. The court severs the cause of action for writ of mandamus against the Commissioner of the Department of Insurance and directs the Clerk of the Court to assign a new case number to that claim. There is no basis for mandatory joinder of the writ of mandamus claim against the Commissioner and the breach of contract and bad faith claims against the insurers. Compulsory joinder is re...

Excerpt: ... lawsuit was filed and (2) that venue is improper in the current county under any applicable theory. (La Mirada Comm. Hosp. v. Sup. Ct. (1967) 249 Cal.App.2d 39, 42.) Defendant fails to show that venue is improper in San Francisco County under any applicable theory. Under Code of Civil Procedure § 395.5, a "corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability ...

Excerpt: ...dence that he was exposed to asbestos‐containing products or materials attributable to Defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) Plaintiff testified that insulation dust would fall from the boards when the scaffolding was dismounted and dismantled and dust would float through the air while employees were walking around the process. (Defendant's Ex. E [Houchins Deposition at 746].) Plaintiff also testified that indust...

Excerpt: ... of indebtedness in a certain sum, (2) the consideration, i.e., goods sold, work done, etc., and (3) nonpayment.'" (Farmers Ins. Exchange v. Zerin (1997) 53 Cal.App.4th 445, 460; see also Interstate Group Administrators, Inc. v. Cravens, Dargan & Co. (1985) 174 Cal.App.3d 700, 708 ["A book account may furnish the basis for an action on a common account ' . . . when it contains a statement of the debits and credits of the transactions involved com...

Excerpt: ...e Civ. Proc., § 430.10(e), (f).) A "demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures." (Khoury v. Maly's of California (1993) 14 Cal.App.4th 612, 616; see also Lickiss v. Financial Industry Regulatory Authority (2012) 208 Cal.App.4th 1125, 1135 ["demurrers for uncertainty are disfavored, and are granted only if the pleading...

Excerpt: ... Determination. Caritas Management Corporation's Motion to Contest Good Faith Settlement is granted. This ruling is without prejudice to settlors renewing their application for a good faith determination upon a proper evidentiary showing. Although settlors assert this is a "miniscule" liability case in light of Caritas' role in hiring and supervising Mr. Bursey, they have not presented any admissible evidence that would enable the Court to determ...

Excerpt: ...he court employs the independent judgment rule when analyzing petitioner's writ of mandate because she has a fundamental vested right to the disability benefits if in fact she was disabled in 2004 when she stopped working for respondent. (See Beckley v. Board of Administration (2013) 222 Cal.App.4th 691, 697.) "[I]n exercising its independent judgment, a trial court must afford a strong presumption of correctness concerning the administrative fin...

Excerpt: ...n for violation of the Equal Pay Act. To recover under Labor Code, § 1197.5(a) or (b), Plaintiff must demonstrate that she performed "substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions." (Id; see also Hall v. County of Los Angeles (2007) 148 Cal.App.4th 318, 323 ["The Equal Pay Act exists to ensure that employees performing equal work are paid equal wages wi...

Excerpt: ...iffs Form Interrogatories, Set One, Numbers 2.5, 12.1 And 15.1; Request For Sanctions Against Defendant Ying Shen And Her Attorney Of Record, Stanley Shen, In The Amount Of $1,644.95 Pro Tem Judge Sanford Kingsley, 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 sti...

Excerpt: ...LS DBA CALIFORNIA PACIFIC'S Motion Contesting Determination Of Good Faith Settlement By Non‐Party San Francisco Ear, Nose Throat Medical Group, Inc. As Requested In Defendant Dr. Hartmans Application For Good Faith Settlement Determination Defendant Sutter Bay Hospitals' motion contesting determination of good faith settlement as to San Francisco Ear, Nose, & Throat Medical Group ("SF ENT") is denied. Sutter Bay is correct that by statute, a go...

Excerpt: ...red against them on August 23, 2019, is granted. Defendants' showing supports the conclusion that the defaults were taken as a result of mistake, surprise, inadvertence, or excusable neglect because Mr. Quinlan, a non‐lawyer who had never done any business with Liberty Mutual Insurance (which is suing as a subrogee), did not understand the summons or why he was being sued. (Quinlan Decl. 2.) "Because the law strongly favors trial and dispositio...

Excerpt: ...uest For Production From Defendant Volkswagen Group Of America, Inc., And Request For Sanctions. Pro Tem Judge Robert Kane, 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 ...

Excerpt: ...bject matter as is involved in a California action, the California court has the discretion but not the obligation to stay the state court action." (Caiafa Prof. Law Corp. v. State Farm Fire & Cas. (1993) 15 Cal.App.4th 800, 804; see also Mave Enterprises, Inc. v. Travelers Indemnity Co. (2013) 219 Cal.App.4th 1408, 1423 ["In general, 'the pendency of a prior action in a court of competent jurisdiction, predicated on the same cause of action and ...

Excerpt: ...im for punitive damages alleged in First Amended Complaint is granted without leave to amend. 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 has been guilty of oppression, fraud, or malice. (Civ. Code § 3294(a).) "Malice" is defined as conduct "intended by the defendant to cause inj...

Excerpt: ...burden of demonstrating that the convenience of witnesses and the ends of justice will be promoted by transfer. Defendant also failed to post the transfer fees at the time of the filing of the motion under C.C.P. § 399(a). The motion is denied under C.C.P. § 397(a) as Defendant was dilatory in bringing this motion. If a hearing is requested, it will be at 9:30 a.m. A court reporter will not be provided by the court. If any party wishes to have ...

Excerpt: ...) Pro Tem Judge Steven Stein, 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...

Excerpt: ...er Questions, And For Monetary Sanctions Pro Tem Judge Steven Stein, 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 b...

Excerpt: ...t required to attach a copy of the contract or plead its terms verbatim to state a claim. (Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 189, 199 ["a plaintiff may plead the legal effect of the contract rather than its precise language."]; Scolinos v. Kolts (1995) 37 Cal.App.4th 635, 640 ["A contract should be pleaded either in haec verba or according to its legal intendment and effect."].) To plead a contract...

Excerpt: ...ry 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 or conse...

Excerpt: ...tiffs, the provision under which Defendant seeks to recover its attorney's fees is a third‐party claims indemnity provision, not a prevailing party attorney's fees clause. By that provision, entitled "WAIVER OF SUBROGATION," "the Shipper agrees to indemnify and hold harmless CAI from any claim or lawsuit arising from the shipment of the Property via CAI, including but not limited to, any action commenced by any insurers or third parties." "A cl...