Excerpt: ... California (1990) 220 Cal.App.3d 1503, a California lottery ticket retailer (a delicatessen owner) brought an action against the state, claiming she was entitled to a $100,000 award by reason of her possession of a winning ticket. Her 17-year-old employee had stolen several tickets, scratched them to remove the coating, discovered one was a $100,000 winner, and gave the ticket to his mother, who submitted it to the Commission for redemption. The...

Excerpt: ...nvenient forum is denied. Mr. Alvarez did not file a motion to quash service of summons on the ground of lack of jurisdiction of the court over him or a motion to stay or dismiss the action on the ground of inconvenient forum within the time allowed for filing a response to the complaint, as required by Code of Civil Procedure section 418.10(a). Instead, on November 9, 2018, he filed an answer to the complaint. He did not file the instant motion ...

Excerpt: ...ony From Defendant Marcos Alvarez Casteneda Regarding Same Pro Tem Judge David McDonald, 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 he...

Excerpt: ...rements 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 Court Judge. If a party appears by telep...

Excerpt: ...fect. (2) The demurrer is overruled on its merits. Jeld‐Wen's demurrer to the first cause of action for negligence is overruled. Plaintiff sufficiently alleges a cause of action for negligence. (See Complaint 1‐20.) Jeld‐Wen's demurrer to the second cause of action for products liability is overruled. Plaintiff sufficiently alleges a cause of action for products liability. (See Complaint 3‐4, 21‐36.) Jeld‐Wen's demurrer to...

Excerpt: ... complaint is sustained as to the first cause of action for strict liability manufacturing defect, the second cause of action for negligence in manufacturing, and the third cause of action for failure to warn, with 30 days leave to amend. As pled, the manufacturing defect and negligent manufacturing claims are conclusory and do not allege sufficient ultimate facts to provide support for the assertion that Defendants violated federal law. The cour...

Excerpt: ...Default Judgment, If Entered: Ccp Sec. 473(B). Defendant Anthony K. Ngai's motion to set aside the default entered on June 21, 2018 is denied. Mr. Ngai has not made a showing that the default was taken against him through his mistake, inadvertence, surprise, or excusable neglect. There is undisputed evidence that after he was personally served with the summons and complaint, Mr. Ngai retained counsel, who specifically informed plaintiff's...

Excerpt: ... he do anything sexual to you?"), she also testified that Mr. Hermogeno continued to ask her inappropriate personal questions, refused to allow Ms. Aung to visit the restroom as needed, and followed her to the restroom. Similarly, Ms. Aung testified that after a 2005 incident in which Kevin Tucker hugged her tightly and was suspended as a result, he, too, followed her to the restroom. Contrary to defendants' characterization of the conduc...

Excerpt: ...s failed to allege facts showing a special relationship that would support a duty on the part of defendant C. Mondavi & Family to protect plaintiff from harmful conduct of third parties or that any breach of such duty was a substantial cause of plaintiff's injuries. (See Wise v. Superior Court (1990) 222 Cal.App.3d 1008, 1013 ["A complaint which lacks facts to show that a duty of care was owed is fatally defective . . . . In general, one ...

Excerpt: ...gations). 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 injury to plaintiff, or despicable conduct that is carried on by the defendant...

Excerpt: ...d Sixteenth Street Hotel, LLC's motion for summary judgment is denied. Plaintiff has identified facts‐the absence of a second handrail and defendants' failure to provide adequate illumination of the stairway‐from which a reasonable jury could infer that a dangerous condition existed and was a substantial factor in bringing about Mr. O'Connell's injuries. In Buehler v. Alpha Beta Co. (1990) 224 Cal.App.3d 729, in contrast, defe...

Excerpt: ...alment and prayer for punitive damages is GRANTED. A defendant shifts the burden of production to plaintiff if it can "present evidence that the plaintiff does not possess, and cannot reasonably obtain, needed evidence." (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854‐55.) Defendants showed via plaintiff's discovery responses his lack of evidence that FCA US knew of the defect in the Totally Integrated Power Module (TI...

Excerpt: ...bitration Against Defendant Derek Schulze Pending The Outcome Of This Action Pursuant To Ccp Section 1281.2(C) Defendant Derrek Schulze's motion to dismiss the arbitration is DENIED, as the court lacks jurisdiction to grant such relief. (Titan/Value Equities Group, Inc. v. Sup. Ct. (1994) 29 Cal.App.4th 482, 489.) Schulze's motion to stay the arbitration under CCP §1281.2(c) pending the outcome of this court case is GRANTED. The at‐iss...

Excerpt: ...itration and to stay litigation pending arbitration is GRANTED. Per the Dispute Resolution Protocol (DRP) in the TriNet Terms and Conditions Agreement (TCA), the Federal Arbitration Act applies to any dispute arising out of plaintiff's employment with ReadiSuite. DRP §9(a) expressly identifies ReadiSuite as a third‐party beneficiary that may enforce the arbitration provision. Defendants did not waive arbitration; they pled an arbitration a...

Excerpt: ... against him is granted. Due process demands, and the doctrine of extrinsic mistake permits, the vacation of the default and default judgment based on the undisputed fact that Mr. Schanzer had no knowledge of this case until November 2018 and that service by publication occurred without plaintiff Zakaria Saidin exhausting all possible sources to be able to serve Mr. Schanzer personally or by substitute service. Mr. Schanzer has shown that due to ...

Excerpt: ...ir motion to stay this action based on inconvenient forum is granted. This case is stayed pending the completion of proceedings in Florida on the claims alleged by plaintiffs Joseph Mizrachi and JAL Group, L.P. Plaintiffs have demonstrated that defendants have sufficient minimum contacts with California to warrant specific jurisdiction over defendants in this case. Defendants purposefully availed themselves of the benefits of California through t...

Excerpt: ...Defendant Pour Guys SOMA LLC's motion for summary judgment or alternatively, summary adjudication of six specified issues is denied in its entirety. The doctrine of primary assumption of the risk does not apply to the facts of this case as a matter of law. Nalwa v. Cedar Fair, L.P. (2012) 55 Cal.4th 1148 explained that the doctrine applies to sporting and "recreational activities." The purpose of the doctrine is "to avoid chilling...

Excerpt: ...ahan. Michael Callahan has not made a general appearance and thus may still contend that he is not amenable to personal jurisdiction in California for this case. Plaintiffs Elliot Taylor and Ron Taylor have not shown that Michael Callahan has sufficient contacts with California to warrant the exercise of personal jurisdiction over him for this case either based on general or specific jurisdiction. The Taylors have shown that they validly served C...

Excerpt: ... L.P., and Barcelo Crestline Corporation's motion to strike portions of the complaint filed by plaintiffs Marion, Brian and Sharri Marcin is: a) granted without leave to amend as to the words "and physical injuries, all of" and "physical and" in lines 22 and 23 on page 7; b) granted without leave to amend as to the prayer for punitive damages but without prejudice to seeking leave to amend to add a prayer for punitive damages ...

Excerpt: ...s entirety. WFI's request for judicial notice of portions of plaintiff Maria Delgado's deposition testimony is denied. While the parties appear to view the judicial notice issue as either the content of all deposition testimony of a party that is inconsistent with the party's pleading is judicially noticeable or the content of a party's deposition testimony is never judicially noticeable, this court adopts the more nuanced and bet...

Excerpt: ...l four causes of action. Judge Chan's order filed May 29, 2018 does not bar any of the four claims alleged by Ms. Huang and Ms. Duong in this case either based on res judicata or collateral estoppel. Res judicata is inapplicable because this case does not involve either the same cause of action or remedy that was involved in the family law case. Collateral estoppel is inapplicable because none of the issues essential to plaintiffs prevailing ...

Excerpt: ...as to all three causes of action. Ms. Carlin adequately alleged that she was subject to unfavorable disparate treatment based on her gender, disability and age including the termination of her employment, which is sufficient for a FEHA discrimination claim. Ms. Carlin adequately alleged that her employment was terminated because she complained to Mr. Haschka that she had been unfavorably disparately treated due to her gender, which is sufficient ...

Excerpt: .... Boland fled the scene of the accident "when he knew that he had driven his vehicle into ¿. Leila J. [and] ¿ observed her laying in the crosswalk injured and in pain" suffices to allege malice as that word is defined in Civil Code 3294(c)(1). Mr. Boland's argument that his alleged fleeing of the scene was not an "injury‐producing event" is neither established by the language of the complaint nor supported by common sense ...

Excerpt: ...ky To Provide Further Responses At His Continued Deposition And For Sanctions. Defendant Nina Vaness' motion to compel plaintiff Timothy Galusky to provide further responses at his continued deposition and for monetary sanctions is denied and Mr. Galusky's request for monetary sanctions is also denied. None of the six sets of deposition questions identified in Ms. Vaness'statement of items in dispute seek sufficiently probative inform...

Excerpt: ... days leave to amend. Mr. Akrami has failed to allege facts showing a special relationship that would support a duty on the part of defendant Pernord Ricard USA to protect Mr. Akrami from harmful conduct of third parties and that any breach of such duty was a substantial cause of Mr. Akrami's injuries. (See Wise v. Superior Court (1990) 222 Cal.App.3d 1008, 1013, ["A complaint which lacks facts to show that a duty of care was owed is fata...