Excerpt: ...ntil the completion of arbitration is granted. This case is stayed pending completion of arbitration proceedings on all claims alleged by plaintiffs Theodore Wilson and Tradingpost Modern LLC. The 2014 Operating Agreement includes an arbitration clause with a broad scope that also contains clear and unmistakable language evidencing the parties' intent to delegate issues of arbitrability to the arbitrator. This delegation language is not uncon...

Excerpt: ...nue. Cross‐defendant City of South San Francisco's motion to change venue to San Mateo County is denied and its alternate motion to sever the Shek cross‐complaint and transfer that cross‐complaint to San Mateo County is also denied. Per still valid and binding case law, a cross‐ complaint for indemnity and contribution is not an action for "injury" based on "negligence" within the meaning of CCP 394. (Tutor‐Saliba‐...

Excerpt: ...than August 31, 2018. Ms. Griffin has shown sufficient grounds to set aside the default based on both the discretionary and mandatory relief provisions of CCP 473(b). Plaintiff Gilbert Papazian is estopped to assert that the portion of Ms. Griffin's motion seeking to set aside the default based on the discretionary relief provisions of CCP 473(b) is untimely due to his counsel's filing of a notice of unavailability for the period July 3, ...

Excerpt: ...CAPITAL PARTNERS, L.P., HOSPITALITY INVESTMENT GROUP, INC.'s MOTION FOR SUMMARY JUDGMENT Or In The Alternative, Summary Adjudication. Defendants Kimpton Group Holding, LLC, Kimpton Hotel & Restaurant Group, LLC, KHP Capital Partners, L.P. and Hospitality Investment Group, Inc. (calling themselves the "Kimpton entities") move for summary judgment or, in the alternative, summary adjudication. The case involves plaintiff's fall down ...

Excerpt: ...e 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 hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Sup...

Excerpt: ...ndant American Arbitration Association's demurrer to the fourth and fifth causes of action in the first amended complaint is sustained without leave to amend as to both causes of action. AAA's request for judicial notice of the Escrow Agreement, the Partial Final Award, and Procedural Order No. 11 is granted as to all three documents. Based on those documents, the fourth and fifth causes of action fail as a matter of law since those docum...

Excerpt: ...to determine whether, in light of the asserted extrinsic evidence, the guaranty agreement is reasonably susceptible to Ms. Shahrestani's proffered interpretations of that agreement. It is. Liberally construing the allegations in the complaint and considering all of those allegations and the documents attached to the complaint, the guaranty agreement is reasonably susceptible to both of the following interpretations: 1) the guaranty agreement ...

Excerpt: ...judgment is denied and its alternate motion for summary adjudication is granted as to the fifth cause for violation of Labor Code 2802(a) and is denied as to the four other causes of action alleged in the complaint filed by plaintiff Jessica Taylor. Using a multi- faceted approach, the court concludes that the California Labor Code provisions that Ms. Tayor alleges were violated by MariaDB are applicable to this case even though the alleged viola...

Excerpt: ... Guadalupe Hernandez Gomez is sustained without leave to amend as to the ninth cause of action and overruled as to all other causes of action. Liberally construed, the fourth through eighth and tenth causes of action all contain sufficient allegations of ultimate facts supporting Ms. Gomez's claims for violations of FEHA and CFRA, discrimination, failure to accommodate, retaliation and wrongful termination. The fourth, sixth and seventh cause...

Excerpt: ...sponse To Request For Production Of Documents Set Three To Martin Mcnerney Development Inc Dba Martin Building Company. 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....

Excerpt: ...n's application for determination of the good faith of his settlement with plaintiff Vincenzo Corbelli is denied. Mr. McMahan appears to acknowlege that his settlement is not within the reasonable range of his proportionate share of liability for Mr. Corbelli's claimed harm and thus seeks a good faith imprimatur of the settlement solely based on the settlement for the limits of his insurance policy and his personal financial condition. Ho...

Excerpt: ...omplaint Within Three Years, Pursuant To Code Of Civil Procedure Sections 583.210 ‐ 583.250. Defendant Susan Bailey's motion to dismiss this action due to plaintiff's failure to serve the complaint within three years is granted. Mr. Rea has not shown that his failure to serve Dr. Bailey within three years of filing this case was impossible, impracticable or futile due to causes beyond his control. While the court is very sympathetic to ...

Excerpt: ...e tentative hearing issued prior to the August 7 hearing: Defendants Latin Grammar School, Inc. and Latin College Preparatory Charter School, Inc.'s motion 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 t...

Excerpt: ...hether the possibly provable facts known to MCIC and Truck by the time they received the arbitration award created a possibility of coverage, thereby triggering a duty to defend Mr. Somerville. Farmers Insurance and Farmers Insurance Group's request for summary judgment in their favor is granted. Mr. Giles' declaration which showed that "Farmers Insurance" and "Farmers Insurance Group" are merely trademark names and they a...

Excerpt: ...ction for construction defects against Mr. Zhen and sustained with thirty days leave to amend as to the first, second and fourth causes of action for breach of contract, unlicensed contractor and slander of title against both Mr. Zhen and Sam Wing and the third cause of action against Sam Wing. Liberally construed, Mr. Kung's third cause of action for construction defects alleges a viable negligence claim against Mr. Zhen. Mr. Kung is given o...

Excerpt: ...nd International Lyme and Associated Diseases Society's anti‐SLAPP motion to strike the second and third causes of action for declaratory relief and defamation in plaintiff Raphael Stricker's complaint is denied. Assuming without deciding that defendants satisfied their first prong burden that the declaratory relief and defamation claims arise from activity protected by the anti‐SLAPP statute, Dr. Stricker has shown that there is mini...

Excerpt: ...ble dispute whether the conduct of the bus operator, for which the City is vicariously liable, fell below the heightened standard of care applicable to common carriers per CCP 2100. A reasonable juror could find that the driver failed to "to do all that human care, vigilance, and foresight reasonably can do under the circumstances" (Lopez v. Southern Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780, 785) based on evidence that Mr. Celeste di...

Excerpt: ...ociation's motion for summary judgment is denied. The HOA withdrew its motion in the reply memorandum. Mr. Courtney, Mr. Rattonetti, and Mr. Phanichphant are not entitled to summary judgment in their favor based on their Civil Code 580 affirmative defense. Section 580 does not preclude liability against the individual moving parties based on evidence that, when they were officers of the HOA, they failed to conduct an inspection of the balcony...

Excerpt: ...of its breach of contract and common counts claims. Both claims are premised on the existence and enforceability of the April 30, 2012 Attorney‐Client Fee Agreement. However, some of the fees L&S seeks on this motion were for services purportedly rendered before the date of that agreement and there is no evidence submitted by L&S that the agreement applies to those fees. Moreover, the agreement provides for a deed of trust in favor of L&S to be...

Excerpt: ...udication of plaintiff John Cox, Jr.'s request for Civil Code 3345 treble penalties is granted. Mr. Cox's supplemental interrogatory responses dated April 2, 2018 show that Mr. Cox does not now have and is unable to obtain any evidence that: 1) at the time Mr. Cox made his request to buyback his 2011 Jeep Grand Cherokee, either defendant knew or should have known his age and 2) defendants' alleged wrongful refusal to buyback the Jeep ...

Excerpt: ...ports with California's liberal policy of allowing amendments to pleadings at any stage in a case. and none of the defendants have identified any legal prejudice to them if the motion is granted. Even if Mr. Mertz‐Prickett was not as diligent in seeking to amend as he might have been, no defendant has identified any legal prejudice to him or it if the motion is granted. Because the amended complaint seeks to add two paragraphs to an existin...

Excerpt: ... contract; b) sustained with twenty days leave to amend as to the fourth, fifth, and sixth causes of action for breach of fiduciary duty, intentional tort, and fraud; and c) sustained without leave to amend as to the seventh cause of action for reckless misconduct. Mr. Archer adequately alleges a conversion claim based on his right to own and possess the 350 Bitcoin Gold coins and Coinbase's interference with that right. Mr. Archer adequately...

Excerpt: ...eld Co. (2001) 25 Cal.4th 826. However, the declaration of Charles Ay creates a triable issue whether plaintiff Mike Vandevoir was exposed to asbestos‐containing products or materials (pipe insulation) attributable to defendant. Defendant's objections are sustained as to Exhibit C of Jason Rose's declaration, but overruled as to the declarations of Mike Vandevoir (8) and Charles Ay (48). If a hearing is requested, it will be at 9:30 a.m...

Excerpt: ... Of Points And Authorities And Declarations Of Plaintiff Sohni Ahluwalia And John A. Holman. Hearing required. Ms. Ahluwalia's refusal to submit to a further session of her deposition after being ordered to do so and giving varying excuses why she would or could not be deposed, not any actions or inactions of defendants or their counsel, is what resulted in the imposition of terminating sanctions and the failure to have those sanctions vacate...

Excerpt: ...County of San Francisco is denied. Viewed against the backdrop of her having previously filed two Government Code claims with the CCSF Controller, including one she personally filed shortly before the date of the incident that is the subject of this petition, Ms. Hall's conclusory declaration raises more questions than it answers and falls short of the required showings of (1) mistake, inadvertence, surprise or excusable neglect and (2) reaso...