Excerpt: ... Request For Production Of Documents And For 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 motion sign the stipulation, ...

Excerpt: ...annot reasonably obtain evidence that he was exposed to asbestos‐containing products or materials attributable to Defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) Defendant failed to show that it conducted comprehensive written discovery designed to elicit all the evidence Plaintiff has to support his claim of exposure. (Weber v. John Crane, Inc. (2006) 143 Cal. App. 4th 1433, 1442.) Plaintiff's objection to Exhibits B and ...

Excerpt: ...s or materials attributable to Defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) Defendant does not address Plaintiff's interrogatory response indicating that he purchased asbestos‐containing plumbers putty at O'Connor Lumber Company in Vallejo, California. (Defendant's Ex. B at 3; Scheiding v. Dinwiddie Constr. Co. (1999) 69 Cal.App.4th 64, 81 [the court "can infer nothing at all with respect to questions which were neither...

Excerpt: ...dgment on the pleadings as to Plaintiff's first cause of action is denied. A motion for judgment on the pleadings lies only for defects on the face of the complaint‐ extrinsic matters are improper. (Code Civ. Proc., § 438(d).) As such, the Court cannot consider discovery admissions or other evidence controverting the pleadings. (Id.; see Cal. Prac. Guide Civ. Pro. Before Trial (The Rutter Group 2018) 7:322.) Defendants' heavy reliance on such ...

Excerpt: ... that he was never personally served with the summons and complaint, and that the papers were left with his wife. (Milholland Decl. 3‐4.) The registered process server in Hawaii who signed the proof of personal service says that he personally served Mr. Milholland after confirming his identity by name. (West Decl. 4.) There is reason to doubt Mr. Milholland's (or his counsel's) veracity. His counsel represented to Plaintiff's counsel that it wa...

Excerpt: ...allegations are not "irrelevant, false, or improper" within the meaning of Code of Civil Procedure, § 436(a). Even if plaintiffs cannot establish respondeat superior liability based on Defendant Derek Chu's conduct, the allegations are proper to support other theories of liability such as aiding and abetting. The allegations are also proper as to other defendants. Any party who contests a tentative ruling must send an email to contestdept302tr@s...

Excerpt: ...tion for mandatory relief (1) is filed within six months of the entry of judgment, (2) is in proper form (3) is accompanied by the attorney affidavit of fault, and (4) demonstrates that the default was "in fact caused by the attorney's mistake, inadvertence, surprise, or neglect." (Code Civ. Proc., § 473(b); Martin Potts & Associates, Inc. v. Corsair, LLC (2016) 244 Cal.App.4th 432, 443.) Defendant's criminal defense attorney states in his decla...

Excerpt: ...Hague Convention and implementing statutes permit the request for judicial assistance sought. 23 UST 2555, 28 U.S.C. 1781; Societe Nationale Industrielle Aerospatiale v. U.S. Dist. Ct. for S. Dist. of Iowa, 482 U.S. 522, 535 (1987). The Opposition focuses on the delay in seeking the letters of request, but this does not demonstrate why the request should not be granted. Even if the Court were to find a delay, that would not preclude the letters o...

Excerpt: ...he means by "statistical data." Re timing: Plaintiff shall be prepared to discuss why information from years she was not eligible for promotion consideration is relevant and discoverable. Re geographic scope: the parties shall be prepared to address what decisionmaking functions regarding walking boss promotions are done outside the Port of Stockton, including any situations where the Steering Committee did not adopt a recommendation from the spe...

Excerpt: ...y adjudication is denied. Plaintiff failed to maintain its initial burden of production. To prevail on its foreclosure of mechanic's lien claim, Plaintiff is obligated to show the reasonable value of its work/services, because the amount due is the lesser of the reasonable value of the work provided by the claimant and the contractually agreed price. (Civ. Code § 8430(a)(1).) "The actual amount due on the lien presents a question of fact for the...

Excerpt: ...mpel arbitration and stay is granted. The broad arbitration agreement with USF applies to plaintiff's claims. USF is clearly entitled to compel arbitration. The non-signatories can also compel arbitration based upon estoppel and agency. "[A] nonsignatory defendant may invoke an arbitration clause to compel a signatory plaintiff to arbitrate its claim when the causes of action against the nonsignatory are intimately founded in and intertwined with...

Excerpt: ...laintiff agreed to lend $15,000 to defendant pursuant to a promissory note and plaintiff ultimately lent $16,000 to defendant per the same terms. (Complaint, 7‐8.) Defendant's paltry separate statement of undisputed material facts fails to show that plaintiff's claim "cannot be established" within the meaning of Code of Civil Procedure, § 437c(p)(2). Defendant "does not deny receiving two separate loans from plaintiff, for $13,000 and $3,000" ...

Excerpt: ...he 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: ... is granted. Plaintiffs establish that they are entitled to $177,321.88 in damages based upon defendant's breach of the settlement agreement. Plaintiffs establish a prima facie case for breach of contract and the court overrules defendant's evidentiary objections. Plaintiffs demonstrate personal knowledge regarding the matters in their declarations and the IRS documents are admissible as official acts. (Evid. Code, §§ 452(c) and 1280.) The part...

Excerpt: ...is denied. The motion for summary adjudication is denied as to the Labor Code claims, UCL claim, and breach of the Of Counsel contract claim (causes of action 1, 2, 3, 4, 5, 8, 9, and 10). There is a triable issue of material fact regarding whether the parties had an employment relationship until Mr. Murry's termination on April 10, 2017. On January 19, 2011, Mr. Murry began working for the Law Offices of John T. Hendricks (a sole proprietorship)...

Excerpt: ...th the requisite malice, fraud or oppression to warrant the imposition of punitive damages. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) Plaintiff's responses to Defendant's special interrogatories preclude Defendant from successfully invoking the factually devoid prong under Aguilar. The declaration of Donald Trueblood is insufficient to establish that no reasonable jury could find Plaintiff's evidence to constitute cle...

Excerpt: ...ay Action Against Visa. Defendant Citibank, N.A.'s motion to compel arbitration is denied without prejudice. The motion raises an unresolved threshold issue: whether plaintiff may sue using a fictitious name. This is permitted in "extraordinary circumstances," but a "prior court order is required." (Edmon & Karnow, California Practice Guide: Civil Procedure Before Trial (TRG 2016) §6.90.10; see also Starbucks Corp. v. Sup. Ct...

Excerpt: ...tates that it will be performed in accordance with the contract between ADS and the general contractor ("WOJV"). (Short Form Standard Subcontract (preface).) The subcontract further provides that "[a]ny claims resolution process incorporated in the prime contract [the ADS/WOJV contract] shall be deemed incorporated in the Agreement and shall apply to any disputes arising hereunder." (Id. § 12.) Section 17 of the ADS/WOJV contract...

Excerpt: ...#39;s motion for summary judgment is denied. Defendants fail to maintain their initial burden of production. Defendants fail to establish as a matter of law that plaintiff was engaged in a "hazardous recreational activity" within the meaning of Gov't Code § 831.7, which immunizes public entities and their employees from liability for personal injury suffered by a person "who participates in a hazardous recreational activity."...

Excerpt: ...dgment and denied plaintiffs' motion for summary adjudication. On August 7, 2019, judgment was entered in favor of defendant. Defendant served plaintiff by mail with notice of entry of that judgment on August 8, 2019. On August 28, 2019, the Court took off calendar plaintiff's motion for reconsideration. (See Ramon v. Aerospace Corp. (1996) 50 Cal.App.4th 1233, 1236 ["after entry of judgment, a trial court has no further power to rule...

Excerpt: ...972 provides that "any person, or agent or officer thereof who violates any provision of Section 970 is liable to the party aggrieved, in a civil action, for double damages resulting from such misrepresentations." Thus, the Legislature determined that double damages is the appropriate civil penalty for violations of section 970; it did not also authorize an award of punitive damages. Because the Labor Code expressly provides for the award...

Excerpt: ... statute" imposing strict liability on the owner of a dog for "the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness."]; CACI Nos. 462, 463.) Neither the dog-bite statute nor any reported California case cited by Plaintiff authoriz...

Excerpt: ...s procedurally and substantively deficient. Defendants' notice of motion and separate statement of undisputed facts does not comply with California Rule of Court 3.1350. Defendants do not separately state in the notice of motion or in the separate statement what issues or causes of action they seek to adjudicate. (See Cal. R. Ct. 3.1350(b),(h).) Defendants further fail to "plainly and concisely" set forth all material facts they conte...

Excerpt: ...e claim for intentional infliction of emotional distress requires "outrageous conduct" on behalf of the defendant. (Davidson v. City of Westminster (1982) 32 Cal.3d 197, 209.) For conduct to be outrageous, it must be "so extreme as to exceed all bounds of that usually tolerated in a civilized community." (Id.) "The tort calls for intentional, or at least reckless conduct - conduct intended to inflict injury or engaged in with ...

Excerpt: ...ile in superior court for a provisional remedy, including a writ of application. (Code Civ. Proc. § 1281.8(b).) However, in such circumstances, the moving party must show "that the award to which the applicant may be entitled may be rendered ineffectual without provisional relief." (Id.) The "standards for irreparable harm set forth in [Code of Civil Procedure] section 485.010 provide guidance to the trial courts on the issue of inef...