Excerpt: ...ther day as counsel for both sides agree. Defendant The Travelers 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 ...

Excerpt: ...na Zalihic's motion for leave to file a second amended complaint is denied. The motion is not necessary to enable Ms. Zalihic to argue in opposition to defendants' summary motions and at trial that the common carrier standard of care applies to her negligence claims, which appears to be motivation for this motion. Ms. Zalihic seeks to add two new claims which she has entitled "Negligence Per Se ‐ Common Carrier." Both new claims...

Excerpt: ... Griffin failed to satisfy her summary judgment burden of showing that Arrowood lacks standing to bring the breach of contract claim against her. Ms. Griffin's Facts 6 and 7 state that Arrowhead asserts that it has standing to sue on the three loan contracts due to an assignment from The Student Loan Corporation. However, Ms. Griffin does not have any facts in her separate statement showing that: 1)Citibank did not assign its rights to the th...

Excerpt: ...nduct and his work as a CRF employee, Mr. Damhuis' misconduct is not CRF's conduct. (Lisa M. v. Henry Mayo Newhall Memorial Hospital (1995) 12 Cal.4th 291.) The undisputed facts show that Mr. Damhuis and Ms. Zamudio had never met before the incident, Mr. Damhuis' role as CRF's education coordinator did not include interaction with hotel employees, and Mr. Hartman never asked Mr. Damhuis to enter Mr. Hartman's room. The fact th...

Excerpt: ... pleadings, that policy does not apply where, as here, the opposing parties would suffer legal prejudice by the granting of leave to amend. Adding a new defendant to a case less than two weeks from trial is legally prejudicial to that defendant. Adding new damages allegations against an unrepresented entity defendant more than three months after its counsel withdrew and less than two weeks from trial is legally prejudicial to that defendant. Ms. ...

Excerpt: ...For Monetary Sanctions GRANTED in part. While the issue is close, the court concludes that CCP 2016.060 extends the discovery cutoff date from a Saturday to a Monday where the trial <0052005300520058005100 00480053004b00520055>a is fairly characterized as contention discovery which has limited but not no utility when served at the end of the discovery period. Most of the discovery requests are sufficiently narrowly tailored to seek only discovery...

Excerpt: ...intiff Mark Makowiecki is: sustained without leave to amend as to the first cause of action for breach of the implied contract of continued employment and is overruled as to the remaining causes of action. Mr. Makowiecki has not opposed PG&E's demurrer to the first cause of action. As to the second cause of action for slander per se, Mr. Makowiecki has sufficiently alleged the substance of the slanderous statements and has alleged that they a...

Excerpt: ...private agreement to keep materials confidential could constitute an overriding interest for purposes of CRC 2.550 and assuming without deciding that the Lyft-Tokio agreement does constitute an overriding interest (but see CRC 2.551(a) ("The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.")), Lyft has not shown that this overriding interest will be prejudiced if the docume...

Excerpt: ...ebruary 8, 2018 is granted unless plaintiff Vimlaben Patel agrees to entry of an amended judgment superseding the February 8 judgment in the amount of $21,325. Even if the February 8 judgment is not void, allowing it to remain in effect violates Mr. Patel's due process rights and would be a miscarriage of justice. The principal and prejudgment interest amounts in the February 8 judgment cannot be reconciled with Ms. Patel's verified compl...

Excerpt: ... Latin Grammar School, Inc. and Latin College Preparatory Charter School, Inc.'s motion to for attorneys' fees is denied. Defendants' successful motion to quash was not a determination on the merits of the case, but solely a ruling on whether they are subject to being sued in California on the claims of plaintiff Charter Asset Management Fund, L.P. The findings made on the motion to quash were made for the sole purpose of determining ...

Excerpt: ...es to the discovery seeking information about his payment of bills sent to him by any attorneys other than defendants because that information is not relevant nor likely to lead to the discovery of any admissible evidence. Information about Mr. Berger's payment or non‐payment of other attorneys' bills does negate or tend to negate any element of any of Mr. Berger's claims or any of defendants' affirmative defenses. Mr. Berger ne...

Excerpt: ...3001100150047000300 000f0003005a004b004c[ch remains good law, only slight evidence is necessary to find implied permission to operate a vehicle where a parent-child relationship is involved. (See also Pierce v. Standow (1958) 163 Cal.App.2d 286 (finding implied permission where the mother gave the keys to her son even though the mother expressly told the son not to drive the car).) No later than their receipt of the judicial arbitration award in ...

Excerpt: ...back to the filing of the original complaint. The Unruh Act claim is based on the same general set of facts as plaintiff's other claims. The original, first amended, and second amended complaints all include allegations regarding the disparate treatment between homosexual and heterosexual actors. (Complaint, par. 28; First Amended Complaint, par. 31; Second Amended Complaint, par. 54.) The claims involve the same injury. The discriminatory co...

Excerpt: ...f action for breach of contract, common counts, and fraud and is sustained with twenty days leave to amend as to the fourth cause of action for violation of Bus. & Prof. Code 17200. Liberally construed, the FAC sufficiently alleges breach of an oral contract and common counts by pleading the legal effect of the relevant terms of the oral agreement and Uber's conduct breaching that agreement: Uber's promise to pay with debit cards and repl...

Excerpt: ...bute to Mr. Rodriquez's claimed injuries and, even if it did, there is a triable dispute whether its negligent exercise of retained control affirmatively contributed to Mr. Rodriquez's claimed injuries. (Hooker v. Department of Transportation (2002) 27 Cal.4th 198, 212, fn.3, and 214.) Fairly read, the complaint seeks to impose liability based on the exception to the Privette doctrine articulated in Hooker. The evidence on this motion als...

Excerpt: ...tion for violation of Business & Professions Code 17200 is granted with twenty days leave to amend. Plaintiff Ralph Oliverio's request to hold this motion in abeyance until he files a motion for reconsideration is denied. This motion is ripe for resolution now based on the complaint filed by Mr. Oliverio and there is no persuasive explanation why an unfiled motion will have any effect on the sole issue on this motion whether the second cause ...

Excerpt: ...dant Chipotle Services, LLC's motion for reconsideration of the June 6, 2018 order denying its petition to compel arbitration is granted and, after reconsideration, plaintiff Rebecca Camping is required to arbitrate all of her claims except her PAGA claim and this case, including the non‐arbitrable PAGA claim, is stayed pending the completion of arbitration proceedings. The declaration of Hadley Brink, which relies on statements made by Ms....

Excerpt: ...ause he did not make this motion within a reasonable time and he has not shown that the judgment was entered against him due to mistake, inadvertence, surprise or excusable neglect. Mr. Bonnici is not entitled to CCP 473(b) mandatory relief from the judgment based on his attorney's declaration of fault because the declaration of Mr. Molinari fails to attest to his or his office's fault that led to the entry of the judgment. Nowhere in the...

Excerpt: ...s to the first and second causes of action for general negligence and premises liability and granted as to the third cause of action for products liability. Plaintiff Kara Esborg's complaint frames the issues which need to be addressed in a summary motion. Ms. Esborg's complaint alleges: 1) that she collided with one or more low hanging wires attributable to Comcast; 2) Comcast negligently constructed, installed, monitored and maintained ...

Excerpt: ...#39;S Verified Responses <0055000300370048005100 0058004f004c0051004a> Purposes Only. Part 2 Of 2) In summary, the Court finds that plaintiff's motion must be denied because plaintiff has failed to establish factual grounds for the motion to compel and has further failed to establish the requisites for any other relief. Neither party requested sanctions and none will be awarded. Any party who contests a tentative ruling must send an email to ...

Excerpt: ...Set One (For Tentative Ruling Purposes Only Part 2 Of 2) 3. Plaintiff's burden and oppression objection to defendants' desired means of identifying ESI is sustained; plaintiff shall nevertheless reasonably identify all items produced, including the source of the original paper documents or ESI; 4. Plaintiff's work product objection is overruled; 5. Sanctions are denied; 6. Counsel to moving parties shall submit a proposed order in Wor...

Excerpt: ...nsurance Company #0352754659TGD and Copeland v. GEICO #0495428040101011) for all purposes. Ms. Copeland may file an amended complaint alleging all three claims in this case. Ms. Copeland has shown that there is likely to be substantial overlap of the evidence in this case and the two UIM cases warranting the consolidation of all three. The interests of judicial economy and avoidance of possible inconsistent results outweighs the insurers' int...

Excerpt: ... However, one of the settlement's key terms is that defendant pay "all outstanding governmental tax liens." At least one tax lien cannot be paid at present because state tax authorities have yet to provide the required clearance. 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 par...

Excerpt: ...or Code ?226 were "knowing and intentional" rather than "isolated and unintentional." (See Kao v. Holiday (2017) 12 Cal.App.4th 947, 961‐62.) This is particularly so as the failures apparently occurred some 1,500 times over a period of many months. (PMF 5‐8.) 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...

Excerpt: ...area the day before the accident occurred and whether that work caused Mr. Sanchez's injury. (Bell Dec., pars. 5‐6; Sanchez Depo., 39‐40.) The court overrules DWC's objections to plaintiff's testimony as irrelevant, speculative and lacking foundation. Privette v. Sup. Crt. (1993) 5 Cal.4th 689, and its progeny does not bar liability as Mr. Sanchez creates a triable issue of material fact regarding whether DWC was directly or affir...