Excerpt: ...he 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 Court Judge. If a party appears ...

Excerpt: ...e determination of the amount owed by TinyCo per the Amended and Restated Platform Agreement is not final (and thus not subject to claim preclusion) due to plaintiff Loytr, Inc.'s filing of an appeal in case number 551519. Even if the determination of the amount owed by TinyCo to Loytr was final and amenable to claim preclusion, on the record on this motion there are triable disputes: a) whether the parties to case number 551519 actually liti...

Excerpt: ...d as to both causes of action. As to the second cause of action, Mr. Longmore alleges sufficient facts showing that the parties waived the written modification requirement. Paragraphs 11 and 42 of the first amended complaint allege that North Star modified the agreement by reducing the base salary without a writing. "When one party has, through oral representations and conduct or custom, subsequently behaved in a manner antithetical to one or...

Excerpt: ... to amend. Roberts has leave to plead a claim such as concealment that can support the prayer for punitive damages. Roberts' allegations that defendants refused to repair the roof and/or abandoned her are not sufficient to support the claim as a matter of law per McDonnell v. American Trust Co. (1955) 130 Cal.App.2d 296. Any party who contests a tentative ruling must send an email to [email protected] with a copy to all other parties ...

Excerpt: ... served pursuant to CCP § 415.20(b), because the declaration of diligence accompanying the proof of service states that Lipton was employed at that address and personal service was attempted there, while Lipson's declaration that he neither resided nor worked at that address is uncontradicted (Lipson Decl. 3) and the server's notation was admittedly erroneous (Mughal Decl.). Therefore pursuant to CCP § 473(d) the default judgment is vac...

Excerpt: ...y is GRANTED. The evidence establishes that the entities that are seeking arbitration are the same as the entity that entered into the arbitration agreement with plaintiffs. (Lee Reply Dec., par. 5.) The motion to compel arbitration is timely and Rosenson v. Greenberg Glusker Fields Claman & Machtinger LLP (2012) 203 Cal.App.4th 688, 691 is inapposite. There, the court explains that the 30‐day deadline applies to one seeking to avoid the Mandat...

Excerpt: ...The FACC pleads that the parties operated under this agreement "until January 2014." (Id. at 3:26.) The first cross‐complaint was not filed until July 2018, seemingly outside the four‐ year statute of limitations. (See CCP §337.) 2nd (Breach of Contract: Stock Purchase/Confidentiality Agreements). OVERRULED. This cause of action is adequately pled. Murry argues for a level of pleading particularity not required by California law. (Se...

Excerpt: ...Nguyen's first cause of action for FEHA gender discrimination, Ms. Nguyen satisfied her light burden of presenting evidence showing that she can establish a prima facie case. That evidence includes that Ms. Nguyen was performing competently after returning to work from her third maternity leave and she was treated differently from similarly situated employees who were not written up or terminated allowing for an inference of discriminatory mo...

Excerpt: ...onnici is entitled to have the judgment set aside based on the mandatory relief provisions of CCP 473(b). Mr. Molinari's second declaration of fault adequately establishes that the January 24 judgment was entered against Mr. Bonnici due to the mistake and neglect of Mr. Molinari. In keeping with the remedial purposes of CCP 473(b), the court determines that, while this motion surely could have been filed earlier, relief should not be denied t...

Excerpt: ...cause of action for negligent misrepresentation and overruled as to the third and fifth causes of action for fraud. Ms. Akutagawa alleges that defendants negligently misrepresented that they would pay the $125,000. (FAC par. 36 (emphasis added)). A negligent misrepresentation cause of action cannot be based on a promise regarding future conduct. It must be made with respect to "a past or existing material fact." (Tarmann v. State Farm Mut...

Excerpt: ...usly given leave to amend to plead specific facts showing his delayed discovery of Ford's alleged fraud. "In order to rely on the discovery rule for delayed accrual of a cause of action, [a] plaintiff whose complaint shows on its face that his claim would be barred without the benefit of the discovery rule must specifically plead facts to show (1) the time and manner of discovery and (2) the inability to have made earlier discovery despit...

Excerpt: ...intiff 942 Market Street Owners' Association's complaint is: a) sustained with twenty days leave to amend as to first through third, sixth and seventh causes of action for violation of residential building standards, negligence, strict liability, breach of fiduciary duty and violation of governing documents and b) sustained without leave to amend as to the fourth and eighth causes of action for breach of implied warranty of habitability a...

Excerpt: ...urther responses to deposition testimony and to produce documents and for monetary sanctions is granted in small part. Danilo Celeste is required to submit to a further session of his deposition to provide further response to the question whether "After the subject incident, did you ever receive any disciplinary comments from any supervisor?" and reasonable follow‐up questions. That question seeks directly relevant information and outwe...

Excerpt: ...uash is granted. Plaintiff Oolong, LLC has the burden of demonstrating sufficient minimum contacts to warrant the exercise of general or specific jurisdiction. In this case, plaintiff's evidence (the declarations of McElhenney and Castaldo) fail to show jurisdiction over VCS or Mr. Zuccarelli, who are both located in Texas. The evidence establishes that VCS passively advertised the Leybold Syrus 1105 machine for sale on e‐Bay, plaintiff rea...

Excerpt: ... third cause of action in the second amended complaint filed by plaintiff Kai Kopp is overruled as to the second cause of action for negligence and sustained without leave to amend as to the third cause of action for negligent supervision, hiring and training. The negligence cause of action, but not the negligent supervision cause of action, is based on the same general set of facts as the complaint. Both the complaint and second cause of action ...

Excerpt: ...ls of confidential information called "Highly Confidential" and "Confidential"; 2) either side may designate any information as either Highly Confidential or Confidential subject to a motion by the other side challenging that designation; 3) both Highly Confidential and Confidential Information may be used by the receiving party only for this case and must be returned at the conclusion of the case with a declaration from an attorn...

Excerpt: ...in its favor on the retaliation claims and thus re-affirms the tentative ruling issued prior to the July 26, 2018 hearing with some additional language as follows: Defendant Huddle, Inc.'s motion for summary judgment is denied and its alternative motion for summary adjudication is denied as to the third, fifth, sixth, and eighth causes of action for age discrimination, failure to prevent discrimination, and violation of the UCL and granted as...

Excerpt: ...Further Responses To Plaintiffs Demand For Production Of Documents And Things And Defendants' Appearance At Depositions. (Tentative Ruling Only) (Part 2 Of 2) Motion against BB&R denied as to RPD No. 33-44 (overbroad, fails to identify documents sought with reasonable particularity) 45, 46, 48 (overbroad, potentially invades privacy in employment records) and 47 (Overbroad, fails to identify documents sought with reasonable particularity) Mot...

Excerpt: ... Notice On Motions Relating To The Identity Of Marriage Counselors And MarriageRulings:Set for hearing on Wednesday, September 5, 2018, Line 9, DEFENDANT GEORGE PFLEGER's Motion For An Order Confirming The Legal Right To Review Unredacted Medical Records, Permitting Defendant To Subpoena Marriage Counselors For Appearance At Depositions With Production Of Documents On Shortened Notice Permitting Defendant To Subpoena Marriage Counselors Recor...

Excerpt: ...tations and internal quotation marks omitted); see Nativi, 223 Cal. App. 4that 317 ("A trial court must balance the various interests in deciding whether dissemination of the documents should be restricted."). "[T]he burden is on the party seeking the protective order to show good cause for whatever order is sought." Fairmont Ins. Co. v. Superior Court, 22 Cal. 4th 245, 255 (2000). But the movant cannot satisfy this burden by subm...

Excerpt: ...s Inc As Does 2 And 102 Plaintiff Mint Collection-410-418 Jessie Street Condominium Owners' Association's motion for leave to substitute Patrick McNerney as Does 1 and 101 and Veritas Investments, Inc, as Does 2 and 102 is denied without prejudice to being refiled as an ex parte application if within the next two months the trial date is continued to a day on or after May 6, 2019. Any legal prejudice to Mr. McNerney and Veritas by the gra...

Excerpt: ...st for a trial continuance is denied. Ms. Harris' proposed new claims (the abuse of process, injunction and a portion of her declaratory relief claims) alleging invalidity of the mechanic's lien and lis pendens are not actionable and thus she is denied leave to amend those claims. The filing of a mechanic's lien and a lis pendens are absolutely privileged. Ms. Harris is granted leave to allege her proposed new section 17200 claim and ...

Excerpt: ...tation, false promise, deceit, and negligent infliction of emotional distress in the second amended complaint filed by plaintiff Trent Jason is sustained without leave to amend as to all those causes of action. As for the unfair competition claim, the SAC fails to allege facts showing that CSAA engaged in unfair, dishonest, deceptive or fraudulent practices with intent to defraud the public in violation of Civil Code 1711. As for the misrepresent...

Excerpt: ...avelers Indemnity Company's demurrer to both causes of action alleged in the first amended complaint filed by plaintiff Electrical Industry Service Bureau, Inc. is sustained without leave to amend as to the first cause of action for failure to pay on a payment bond and overruled as to the second cause of action for violation of the Unfair Competition Law. EISB filed this lawsuit after the expiration of the limitations period for a claim for f...

Excerpt: ...st Amended Cross Complaint. Cross‐defendant Victor Marquez's anti‐SLAPP Motion to Strike the third cause of action for attempted extortion in the first amended cross‐complaint filed by Elizabeth Sousa is denied. The merits of the motion will be addressed even though the motion was filed outside the 60‐day time period of CCP 425.16(f). Mr. Marquez received an extension of time to file his responsive pleading and reasonably believed tha...