Excerpt: ...ent minimum contacts to warrant the imposition of specific jurisdiction over them in California. The declaration of Mr. Teed shows that Dr. Patterson came to California in 2014, generally described her practice, and explained that she could improve Mr. Teed's look. Over the next two years, Mr. Teed and his then girlfriend communicated with Dr. Patterson. The precise content of those communications is unknown. In late 2016, Mr. Teed and his th...

Excerpt: ... Los Angeles Superior Court or further order of this court, this case is stayed based on the doctrine of exclusive concurrent jurisdiction. The coordinated Los Angeles putative class actions, which were filed before this action, raise the same claims as this putative class action. A stay is necessary to prevent duplicative work and possible inconsistent rulings. Gregg v. Sup. Crt. (1987) 194 Cal.App.3d 134 and Farmland Irrigation Co. v. Dopplmaie...

Excerpt: ...ecurity is denied. None of the authorities cited by Mr. Yan show that the motion filed by defendants Bryant Fu and Crystal Lei to require Mr. Yan to post security was incorrectly decided. Mr. Yan has not cited any California authority, nor is the court aware of any such authority, that the conduct allegedly committed by Mr. Fu and Ms. Lei is actionable in a civil case. Significantly, the complaint does not allege that either Mr. Fu or Ms. Lei kne...

Excerpt: ... sustained without leave to amend as to the first cause of action for negligent hiring and sustained with twenty days leave to amend as to the second, third, and fourth causes of action for assault, battery, intentional infliction of emotional distress. "Where the complaint affirmatively alleges facts indicating coverage by the workers' compensation laws, if it fails to state additional facts negating application of the exclusive remedy p...

Excerpt: ...r a stay is treated as the functional equivalent of a motion to compel arbitration. All thirteen claims alleged in the complaint filed by plaintiffs Justice Investors, LP and Portsmouth Square, Inc. are encompassed by the broad scope of the arbitration clause because they are rooted in the business relationship between the parties and concern the management of the Hotel. (EFund Capital Partners v. Pless (2007) 150 Cal.App.4th 1311, 1322 ("arb...

Excerpt: ...ion is not alleged against Mr. Devesa, so there is no basis for him to demurrer to that cause of action. The second through fifth causes of action seek to hold Mr. Devesa liable based on Mr. Devesa's own conduct and not on the basis of the alter ego doctrine, so Mr. Devesa's arguments on the grounds of the alter ego doctrine are immaterial. To the extent that the demurrer is based on lack of personal jurisdiction over Mr. Devesa, he waive...

Excerpt: ...ication is denied in its entirety. Mr. Leathern fails to show that he is entitled to judgment as a matter of law in his favor as to any of the four causes of action alleged against him on any of the many grounds that he has asserted in his moving papers. Mr. Leathern fails to show that the parties had an oral agreement and the two‐year statute of limitations applies. The October 16, 2013 e‐ mail sets forth Mr. Leathern's obligations and p...

Excerpt: ... 15, 2018 to allow plaintiffs to take jurisdictional discovery. KLM correctly cites Felix v. Bomoro Kommanditgesellschaft (1987) 196 Cal.App.3d 106, 114 for the proposition that the mere foreseeability that a product may wind up in a forum due to the stream of commerce is not enough for jurisdiction. (See also Dow Chemical Canada ULC v. Sup.Ct. (Fandino) (2011) 202 Cal.App.4th 170, 179.) Plaintiffs presently do not show that KLM‐as opposed to K...

Excerpt: ...tire complaint was filed in violation of CCP 128.7. Ms. Luna has adequately alleged ultimate facts showing malice and oppression as those terms are defined for the imposition of punitive of damages. 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 ...

Excerpt: ...scretion per CCP 425.16(f) to hear this motion even though Ms. Gatti filed the motion more than 60 days after service of the original cross-complaint, which alleged a malicious prosecution claim. Ms. Gatti acted diligently in light of the parties' meet and confer discussions. The facts of this case bear no resemblance to Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism (2018) 4 Cal.5th 637. Addressing the motion will further th...

Excerpt: ...th, and eighth causes of action for age discrimination, failure to prevent discrimination, and violation of the UCL and granted as to the fourth and seventh causes of action for retaliation. Ms. Gisi satisfied her light burden of stating a prima facie case of age discrimination by showing that there are circumstances suggesting a discriminatory motive such as Mr. Roberts' remarks about what kind of people he needed and Ms. Gisi's accounts...

Excerpt: ...are given leave to file a first amended complaint alleging that they submitted a timely government claim to the State and, if they are able to do so, they are also given leave to allege ultimate facts showing that the negligence of one or more employees of the State was a substantial factor in causing harm to them. Plaintiffs are required to but did not allege that they submitted a timely government claim to the State. Plaintiffs' negligence ...

Excerpt: ...s motion for mandatory dismissal, Mr. Malvar waived his right to seek dismissal on the ground that service of the summons and complaint on him as stated in the proof of service timely filed by plaintiff Golden State Broadcasting LLC was invalid. No case has been cited by the parties or found by the court that squarely addresses the precise question raised here: whether a defendant loses the ability to file a successful motion to dismiss per CCP 5...

Excerpt: ..., 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 telephone, the stipulation may be signed via fax or consent to si...

Excerpt: ...ry damages is based on the premise that her damages can be based on any day she chooses for the valuation of the LTC that was allegedly wrongfully taken from her. That is not the law. Ms. Cook's compensatory damages must be based on the value of the LTC on the day she lost them. Using that valuation date, it is a legal certainty that Ms. Cook's compensatory damages will not exceed $25,000. Ms. Cook has not shown that she has any prospect ...

Excerpt: ...wis and Nancy Kirkpatrick's motion for summary judgment, or in the alternative, summary adjudication is denied as to the first and second causes of action for wrongful death and medical negligence in the second amended complaint alleged against Dr. Campbell and off calendar as to all other parts of the motion in light of the requests for dismissal filed by plaintiffs Ghedir and Jesse Moreno. The declaration of Dr. Friedlich shows that there a...

Excerpt: ...f 3 for purposes of entry of tentative ruling only.) Plaintiff Thrivent Financial for Lutherans' motion for summary judgment is granted. Thrivent is entitled to a declaration that defendants Betty Yee (in her official capacity as California State Controller) and the Office of the State Controller adopted two regulations - the "External Database Regulation" and the "Dormancy Trigger Regulation" - without compliance with the pro...

Excerpt: ...njunction with the judicially noticeable documents, discloses on its face that it is barred by the three year statute of limitations for fraud claims. Ms. Delaney failed to plead facts showing that the discovery rule prevents her claim from being time‐barred, nor is it reasonably possible that she could do so. The second amended complaint together with the documents which the court judicially notice in CGC‐05‐440065 and BASF Case No. 04‐0...

Excerpt: ...' application for the pro hac vice admission of Erin Linder is granted. No opposition filed and good cause shown. 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 ...

Excerpt: ... to amend as to the seventh and eight causes of action alleged against Mr. Chalal and overruled as to all other causes of action. The first amended complaint adequately alleges a claim for religious discrimination against Gravity 4.The allegations that Mr. Chahal used the derogatory epithets "terrorist" and "ISIS" support a reasonable inference that they were based on Mr. Al‐Ansari's perceived Islamic religion and the allega...

Excerpt: ...r. Song has not appeared in this case. Neither the payment of a first appearance fee on behalf of Mr. Song nor the statement in papers filed by Catherine Song that the Wood Robbins firm and Mr. Robbins are attorneys for Mr. Song constitutes an appearance by Mr. Song. The court does not need to and does not address the issue of concern to plaintiff Aaron Drenberg whether service of papers on the Wood Robbins firm was valid service on Mr. Song. Tha...

Excerpt: ...tories, Requests For Production Of Documents.(part 2 of 2)(For Tentative Ruling Only) In contradiction to its claim of no interviews or statements, plaintiff has acknowledged in its responses that communications occurred between plaintiff and its insured during the investigation and adjustment of the claim giving rise to this action. Plaintiff has not asserted the existence of an attorney‐client relationship with its insured. Moreover, on plain...

Excerpt: ...ranted in part. No later than July 10, 2018 defendant Sephora USA, Inc. must provide a declaration under penalty of perjury from its custodian of records or other employee stating what efforts were made to locate all P4Ds for Ms. Fernandez and Ms. Melinkoff and the results of those efforts. If any P4Ds were located for Ms. Fernandez and Ms. Melinkoff, they need to be produced to Ms. Fernandez at the same time the declaration is provided to Ms. Fe...

Excerpt: ... wrongful death action. Plaintiffs may bring a separate motion to substitute Nadine Amaral and Jodie D. Collins, Jr. as successors‐in‐interest for deceased plaintiff Jodie D. Collins, Sr. If a hearing is requested, it will be at 9:30a.m. A court reporter will not be provided by the court. If any party wishes to have the matter reported, the parties must meet and confer to agree on only one court reporter for any reported matter in this case. ...

Excerpt: ...CTION, INC.'S MOTION FOR SUMMARY JUDGMENT Or In The Alternative Summary Adjudication As To 1 Operative Complaint Of Plaintiff Fidelity And Deposit Co Of Maryland As Subrogee To Wells Fargo & Co And 2 Operative Complaint In Intervention Of Intervener Amco Insurance Company. Defendant H.K. Fire Protection, Inc.'s motion for summary judgment and its alternative motion for summary adjudication as to the complaint filed by plaintiff Fidelity a...