Excerpt: ...or recovery on the judgment per Insurance Code 11580(b)(2) is barred by the one year "statute of limitations" in the policy issued to Mr. Al Maliki. Assuming without deciding that the one year limitations period is an enforceable as to Ms. Baker-Flynn, her section 11580 claim did not accrue until judgment was entered in her favor and against Mr. Al Maliki on June 20, 2017, less than one month before this case was filed July 11, 2017. Any ...

Excerpt: ...#39;s demurrer to the first through fourth and sixth through tenth causes of action in the second amended complaint is: a) sustained without leave to amend as to the first cause of action for violation of residential building standards, the third cause of action for strict liability, the sixth cause of action for breach of fiduciary duty, the seventh cause of action for violation of governing documents, the eighth cause of action for unlawful LLC...

Excerpt: ...in this case is whether plaintiff's participation in the May 3, 2013 filming of a sex video was a cause of his HIV infection. Asserting that it is highly probable he was infected from April 20 to May 13, 2013, plaintiff has provided a list of his sexual partners in that time frame and the partners' HIV test results. Defendant Cybernet Entertainment, LLC, however, seeks to further compel discovery of such information from four months befor...

Excerpt: ...nt. Discovery further argues that even if use of a vehicle was an implied requirement, it is still entitled to summary judgment per the "going and coming rule." In Moradi v. Marsh USA, Inc. (2013) 219 Cal.App.4th 886, 894-895, the court explains: [U]nder the 'going and coming' rule, employers are generally exempt from liability for tortious acts committed by employees while on their way to and from work because employees are said ...

Excerpt: ...element is pled, at a minimum, by allegations that plaintiff had a long-term relationship with defendants as trusted financial advisers and planning specialists and that they claimed to be annuity experts. Defendants seem to claim to be mere insurance agents; that is a dispute to be adjudicated. Other arguments need not be reached, as a demurrer must dispose of an entire cause of action. (Edmon & Karnow, California Practice Guide: Civil Procedure...

Excerpt: ...graph 12 of the parties' employment agreement applies to the claims alleged by plaintiff Tim Chevalier in his complaint, albeit they disagree whether the clause covers the injunctive relief sought by Mr. Chevalier. Mr. Chevalier's defense to enforcement of the arbitration agreement that it illegally prevents public injunctive relief lacks merit. Mr. Chevalier is not seeking a public injunction. "Relief that has the primary purpose or ...

Excerpt: ...rd Denton is: a) granted with 20 days leave to amend as to paragraph 62; b) granted without leave to amend as to Ms. Mitchell in the seventh cause of action for harassment and the allegations in the eighth cause of action for failure to prevent discrimination against the individual defendants; and 3) denied as to all other portions of the second amended complaint sought to be stricken. In his supplemental opposition memorandum Mr. Denton has with...

Excerpt: ...ohn Doe's application for an order sealing all pleadings and exhibits is granted in part and denied in part. Petitioner is entitled to an order sealing all exhibits to declarations constituting information protected per Penal Code 832.7. Petitioner has failed to satisfy his burden of showing how his overriding interest in his right to privacy as a peace office would be prejudiced if information other than what is protected by section 832.7 is...

Excerpt: ... motion to compel the deposition of plaintiff Frezgi Gebrezgiabher and for monetary sanctions is granted. Mr. Gebrezgiabher must appear for deposition at the office of defendants' counsel on a mutually agreeable date no later than October 1, 2018 and Mr. Gebrezgiabher and his counsel must pay monetary sanctions in the amount of $5,175 to defendants no later than October 25, 2018. The court adopts in full the recommendations and reasons for th...

Excerpt: ...for summary judgment is denied. Defendants' alternate motion for summary adjudication is denied as to the second cause of action for foreclosure of mechanic's line and granted as to the third and fourth causes of action for common count and quantum meruit. Defendants have not shown that they are entitled to prevail on the mechanic's lien claim because: (1) there is a triable dispute when the work was completed (Fox Dec., par.5), (2) t...

Excerpt: ... motion to strike is denied. Dr. Hunter has failed to show good cause to support his request to file an anti‐SLAPP motion at this point in the case. Dr. Hunter did not provide any admissible evidence in his moving papers. The asserted reason for the delay lacks merit. There is nothing improper with calendaring an anti‐SLAPP motion against a pro per litigant. Allowing the filing of an anti‐SLAPP motion at this stage of the case undermines ra...

Excerpt: ...ed 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. The prior tentative ruling overruling the demurrer to the second cause of action was confirmed at the September 4, 2108 hearing. At that hearing the demurrer to the first cause of action was conti...

Excerpt: ... Redko's motion for attorney fees and costs is DENIED. Government Code §800 allows a minimal attorney fee award (maximum: $7,500) if a public entity acted in a "wholly arbitrary or capricious" manner in an administrative proceeding. (Stirling v. Agricultural Labor Relations Bd. (1987) 189 Cal.App.3d 1305, 1312.) Attorney fees may not be awarded if the entity's action was "clearly erroneous;" rather, the action must be ...

Excerpt: ...China. (Amended Complaint, Exs. I & J.) "The California Supreme Court has held that contractual forum selection clauses are valid and should be given effect unless enforcement of the clause would be unreasonable." (Intershop Communications v. Superior Court (2002) 104 Cal.App.4th 191, 196.) Plaintiff Tieming Yao fails to show that enforcing the forum selection clause would be unreasonable. The evidence demonstrates that basically everythi...

Excerpt: ...ncon")'s motion for attorneys' fees and awards $427,951.93. Rincon is a prevailing party in an action on contract with an attorney's fee provision and is entitled to attorney's fees under Civil Code section 1717 because it obtained a "simple, unqualified win" in the Court of Appeals via entry of an order denying CP III's petition. (See Hsu v. Abbara (1995) 9 Cal.4th 863, 877). Whether an action is "on a contrac...

Excerpt: ...tween the corporation and its equitable owner that the separate entities do not in reality exist; and (2) an inequitable result if the acts in question are treated as those of the corporation alone. (Sonora Diamond, 83 Cal.App.4th at 538.) Plaintiff failed to present facts showing that UPC and UPRC are so intertwined as to be one entity. UPRC operates the trains, and UPC is a parent company with general executive control that does not own or oper...

Excerpt: ...Manprit S. Buttar, DVM; Grace I. Carter, DVM; and Buttar, Inc.'s motion for summary judgment or, alternatively summary adjudication. There are triable issues of material fact regarding the following issues: (1) Whether any act or omission on the part of defendants was a substantial factor in causing Shadow's death; (2) Whether Shadow's delayed diagnosis prevented Shadow from receiving treatment that would have extended Shadow's li...

Excerpt: ...raying for attorney's fees. Plaintiff has sufficiently alleged facts that could support an award of attorneys' fees under Code of Civ. Proc. § 1021.5 if he prevails. The negligent supervision and failure to report child abuse claims, if proven, affect important public policy concerns. If John Doe prevails, the litigation may confer a significant benefit to students at the school (See Regents of University of California v. Superior Court ...

Excerpt: ...vided the allegedly unsafe scaffolding or exercised control over it. (McKown v. Wal‐Mart Stores, Inc. (2002) 27 Cal.4th 219, 225.) The court sustains the demurrer as to the Second Cause of Action with leave to amend because Plaintiffs fail to allege facts that Defendant retained control over the worksite in a way that affirmatively contributed to the injury. (Kinsman v. Unocal Corp. (2005) 37 Cal.App.4th 1439, 1446.) Passive failure to exercise...

Excerpt: ...rties 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 consent to sign given by email. If not all parties to the motion sign the stipula...

Excerpt: ...rt 2 Of 2) Any party who contests a tentative ruling must send an email to [email protected] with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. If the tentative ruling is not contested, the parties are deemed to have stipulated to the Pro Tem hearing the motion and the Pro Te...

Excerpt: ...� 430.10(e).) Plaintiff alleges a dangerous condition of public property and his exclusive remedy is to pursue a claim under Gov. Code, § 835. (See Brown v. Poway Unified School Dist. (1993) 4 Cal.4th 820, 829.) In Longfellow v. County of San Luis Obispo (1983) 144 Cal.App.3d 379, 383, the court stated: With respect to the plaintiffs' cause of action pursuant to section 815.2 of the Government Code, the law was settled by Van Kempen v. Haywa...

Excerpt: ...laintiff fails to allege timely compliance with the presentation requirement set forth in Government Code §§ 905, 910 and 915 or allege facts excusing compliance. (State of California v. Superior Court (2004) 32 Cal.4th 1234, 1240‐1241.) Plaintiff fails to provide a declaration in support of his opposition providing any evidence that he can meet the administrative exhaustion requirements. Nonetheless, in his opposition papers he alleges, thro...

Excerpt: ...ospital of Los Angeles (2015) 237 Cal.App.4th 1454, 1466‐1468, the allegations at paragraphs 7‐8 and 61 indicate that plaintiff was on inquiry notice and the claim is time barred. (See Code Civ. Proc., § 338.) Plaintiff's delayed discovery allegations at paragraph 41 fail to allege what specifically gave him reason to suspect the fraud in 2017 as opposed to 2012. "In order to rely on the discovery rule for delayed accrual of a cause ...

Excerpt: ... Ninth Causes of Action. "A plaintiff alleging unfair business practices under these statutes must state with reasonable particularity the facts supporting the statutory elements of the violation." (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 619.) Plaintiff Roberts fails to highlight the precise statutes violated in the body of the Sixth Cause of Action. She also fails to expressly pray for restitution and/or an i...