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: ...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: ..., 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: ...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: ...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: ... 1:30pm at the earliest possible date other than July 26, 2018 and notify the court of the agreed hearing date by email to [email protected]. While defendant Jones Day has not explicitly requested that the courtroom be closed for the hearing on the motions to seal, the logic of the positions it takes in its papers strongly suggests that Jones Day believes the courtroom should be closed for the hearing. The logic of the positions taken by ...

Excerpt: ...burden and, even if he did, there is a triable dispute whether he is liable as an employer of Mr. Alfaro and/or plaintiff Imer Palencia. "When an employee of a contractor is injured, and the contractor is unlicensed and uninsured at the time of injury, the injured employee's recourse may be against not only the contractor, but also against the landowner who hired the contractor, as an additional employer." (Vebr v. Culp (2015) 241 Cal...

Excerpt: ...n For Summary Judgment. (Part 2 Of 3 Of Tentative Ruling.) Nor do any of the City's 31 facts establish that colliding with a light post surrounded by a fence approximately 40 feet from a foul line is encompassed within the risks inherent in playing baseball. While it may be true that colliding with a perimeter fence (i.e. a fence separating foul territory from out of play territory and fair territory from home run territory) is an inherent ri...

Excerpt: ...burden and, even if he did, there is a triable dispute whether he is liable as an employer of Mr. Alfaro and/or plaintiff Imer Palencia. "When an employee of a contractor is injured, and the contractor is unlicensed and uninsured at the time of injury, the injured employee's recourse may be against not only the contractor, but also against the landowner who hired the contractor, as an additional employer." (Vebr v. Culp (2015) 241 Cal...

Excerpt: ...es of action. Plaintiffs are given leave to amend to plead more ultimate facts to support their claims for breach of contract and bad faith. (Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 189, 198-199; Croskey, Cal. Practice Guide: Insurance Litigation (The Rutter Group 2017) par. 15:56.) The complaint does not adequately plead a breach of contract claim. The complaint does not describe the policy period or wh...

Excerpt: ...vices Inc.'s demurrer to all seven causes of action in the first amended complaint filed by plaintiff James West is: a) sustained without leave to amend as to the first cause of action for breach of contract against Samtrans and TASI and the third cause of action for dangerous condition of public property against all three defendants; b) sustained with twenty days leave to amend as to the first cause of action for breach of contract against C...

Excerpt: ...Plaintiff Netfortris Acquisition Co., Inc. And Its Attorneys Of Record Duyen Nguyen And Dtn Law Group In The Amount Of $4,716.25. The hearing will be on August 8, 2018. Mr. Bhakta has contested the tentative ruling which was orally told to counsel on July 20, 2018. The tentative ruling is: Defendant Kamal Bhakta's motion for sanctions is denied. While the decision to take the default and default judgment of Mr. Bhakta was ill‐advised, it wa...

Excerpt: ...provisions of the rules governing service of process are to be liberally construed." (Mannesmann DeMag, Ltd. v. Sup. Crt. (1985) 172 Cal.App.3d 1118, 1123.) Plaintiff Tibor Szabo fails to show that he served Ms. Laughlin in a manner in substantial compliance with the requirements of the Code of Civil Procedure. The proof of service filed on May 29, 2018 does not clearly explain the mode of service and there is insufficient evidence showing pe...

Excerpt: ...atim the tentative ruling herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order. This is the Court�s tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the court�s law and motion secretary at (530) 582-7835 by 4:00 p.m. the court day before the hearing. If you do not so notify the parties and court, the tentative ruling shall bec...

Excerpt: ...ory And Prohibitory Writ Of Mandate To Compel Ministerial Duty Of The Clerk Of The Superior Court For Entry Of Default Against Real Pearty In Interest Barrett Daffin Frappier Treder & Weiss, Llp. Boreen's petition for writ of mandate is DENIED. The clerk did not have a ministerial duty to enter the default under the circumstances of this case. The filing of the Declaration of Non‐Monetary Status ("DNMS") on May 2, 2018 and Boreen...

Excerpt: ...ty and Avatar shall pay all required transfer fees. In determining whether the ends of justice will be promoted in transferring an action, "[t]he trial court may rely not only on the direct facts set forth in the affidavits, but also on any reasonable and relevant inference arising therefrom." (J.C. Millett Co. v. Latchford‐Marble Glass Co. (1959) 167 Cal.App.2d 218, 227.) Here, the undisputed Roberts declaration demonstrates that the a...

Excerpt: ...er will hear this matter at 9:00 a.m. Judge Ulmer issues the following tentative ruling: Plaintiff's motion is DENIED. Rather than seek production of the few documents still at issue, plaintiff seeks issue sanctions that are effectively case‐dispositive or sweeping evidentiary sanctions. Both proposed sets of sanctions are extreme, draconian and unwarranted. No monetary sanctions are awarded. Any party who contests a tentative ruling must s...

Excerpt: ...ised by Mr. Brown's motion are the appropriate rate for postjudgment interest and whether there is delayed accrual of postjudgment interest. The Court of Appeal addressed both issues and this court is not at liberty to reach a different decision. Even if this court had the authority to reach a different decision than the Court of Appeal, this court declines to do so out of respect for the considered decision of the Court of Appeal. The Court ...

Excerpt: ...in the alternative, for summary adjudication is denied in its entirety. Plaintiff Richard Fiero has submitted sufficient evidence to satisfy his minimal burden for a prima facie case for discrimination on the ground of mental disability. The District's evidence of the 2016 incident and the ensuing investigation shifted the burden to Mr. Fiero to produce substantial evidence creating a triable issue that the District's proffered legitimate...

Excerpt: ... Plaintiffs sufficiently allege claims for negligent and intentional misrepresentation. Paragraph 18 alleges that Dr. Weinert was the ostensible agent of the Hospital. Paragraphs 74, 106, and 112 allege that Dr. Weinert represented that he knew the CPMC doctors and they were excellent even though this statement was false. These allegations are sufficiently particular to support the misrepresentation claims. (Mejia v. Community Hospital of San Ber...

Excerpt: ...motion for determination of good faith of its settlement with plaintiff Liberty Mutual Fire Insurance Company is granted. The settlement is in good faith based on the factors enumerated in Tech‐ Bilt, Inc. v. Woodward‐Clyde & Assoc., (1985) 38 Cal.3d 488. Because there is no admissible evidence supporting the imposition of liability against Able, the settlement amount is not grossly disproportionate to a reasonable assessment of Able's li...

Excerpt: ...f $1,540 from the prior case to settle this malpractice action. The settlement is in good faith based on the factors enumerated in Tech‐Bilt, Inc. v. Woodward‐Clyde & Assoc., (1985) 38 Cal.3d 488. The record demonstrates that Mr. Perdue has a very strong statute of limitations defense per CCP 340.6. The settlement is in good faith because it is highly unlikely that Mr. Perdue will be liable for any of plaintiff Mickey Wong's alleged damag...

Excerpt: ...ey's fees and costs is continued to August 7, 2018 to give Mr. Karavidas an opportunity to provide its fee agreement and billing records which state the amounts that were billed to Mr. Karavidas, including the actual hourly rates for all persons who performed legal services which Mr. Karavidas is seeking fees on this motion. No later than July 24, 2018 Mr. Karavidas must file one or more supplemental declarations providing: 1) his fee agreeme...

Excerpt: ...ave been filed and is an unfortunate example of why civil litigation has become so expensive and fractious. Any concern or uncertainty by defendants' counsel whether plaintiffs intended to proceed with a second amended complaint ‐ that had been timely served but, through excusable mistake, not timely filed ‐ could and should have been resolved by a simple inquiry to plaintiffs' counsel. The aspersions cast on plaintiffs and their coun...

Excerpt: ...re not arbitrable. Mr. Maasrani is now only pursuing a PAGA representative action for civil penalties. (Esparza v. KS Industries, L.P. (2017) 13 Cal.App.5th 1228, 1241‐1242.) 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...