Excerpt: ...en's motion for stay of proceedings is granted in part. Effective immediately all proceedings in this case, including all discovery, are stayed until the conclusion of the underlying case with the sole exception that defendant Sentinel Insurance Company may file and have heard a summary motion limited to the issue of whether it owes a duty to defend. Plaintiffs may oppose the motion on any grounds they see fit, including that resolution of th...

Excerpt: ...ed without prejudice to being refiled based on a better evidentiary record. Mr. Quirke again fails to present substantial evidence showing a rough approximation of plaintiff's recovery and Mr. Quirke's proportionate liability at the time of the settlement in September of 2016. The addition of the declarations of Mr. Price and Mr. Stokes do not cure the evidentiary gap that existed in the prior good faith motion. At most, they show that Mr...

Excerpt: ...misrepresentation alleged against her in the complaint filed by plaintiff Don Tucker is denied. Per California law, an insured has a claim against an adjuster who is employed by an insurer based on a misrepresentation made by the adjuster. Ms. Frazier's asserted statement that "there is no coverage for this loss, as the work was taking place at a residence in San Francisco and there is a full residential exclusion on that policy" is a...

Excerpt: ...r Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826. However, plaintiffs created a triable issue of fact as to whether Wismer employees exposed decedent to asbestos dust based on Hanson's testimony that he worked with decedent at Aerojet and that Wismer employees removed insulation and swept up the mess in close proximity to his crew. (Plaintiff's Ex. B (Hanson's July 5, 2018 Deposition) at 26‐29, 33‐37, 39, 43‐44, 58‐59...

Excerpt: ...dge Stephanie Krmpotic, 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. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the m...

Excerpt: ...vember 6, 2013 are set aside. Mr. Mar has shown good cause for setting aside the default and default judgment based on extrinsic fraud as a result of the filing of a proof of service of the summons and complaint on him based on invalid substituted service. Mr. Mar has shown that he did not reside at or have a place of business at the address where he was purportedly substitute served on the date of the purported service and he had no knowledge of...

Excerpt: ... alternative motion for summary adjudication are denied in their entirety. There is a triable dispute whether plaintiff Arkady Berger sustained any contract or tort based on (1) the statement in Mr. Berger's declaration that he was not fully credited for sanction awards resulting in his being "under‐credited" by approximately $4,500; and (2) defendants did not distribute to Mr. Berger the portion of the interest on the attorney'...

Excerpt: ...torney's fees allegations. The battery claim is a sufficient predicate to support Mr. Kavanaugh's request for punitive damages. Mr. Kavanaugh's amended complaint does not identify any statutory, contractual, or legal basis for the recovery of attorney's fees. Moreover, since Mr. Kavanaugh is self-represented, he cannot recover fees. (Gutierrez v. G&M Oil Company, Inc. (2010) 184 Cal.App.4th 551, 561.) Any party who contests a tent...

Excerpt: ...er to the first, second and third causes of action in the complaint filed by plaintiffs Andrea Mangan and Carole Morton is overruled as to all three causes of action. The dissolution claims are adequately alleged. Per Corporations Code 1800(a) and (b)(4), Mr. Desaulniers' shares are excluded when determining whether Ms. Mangan and Ms. Morton have a sufficient interest for standing because they accuse him of persistent unfairness and fraud. On...

Excerpt: ...eges that Mr. Mohanna is "currently in possession of and occupying the property." The court accepts that allegation as true and Mr. Mohanna does not cite portions of the complaint nor judicially noticeable facts that indisputably show that paragraph 3 is false. (Aubry v. Tri‐City Hosp. Dist. (1992) 2 Cal.4th 962, 966‐967 ("The reviewing court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all...

Excerpt: ...trike is GRANTED WITHOUT LEAVE TO AMEND. Emotional distress damages are not available for a malpractice cause of action. (Smith v. Sup. Ct. (1992) 10 Cal.App.4th 1033, 1038‐39; Merenda v. Sup. Ct. (1992) 3 Cal.App.4th 1, 9‐11.) Page 33, lines 8‐9 (breach of fiduciary duty): GRANTED WITH LEAVE TO AMEND. Plaintiff pleads that he "suffered?emotional distress, including punitive damages." However, the FAC nowhere pleads that plaintiff s...

Excerpt: ...etary Sanctions Pursuant To Cal. Code Civ. Proc. 2025.450 And 2025.480 ro Tem Judge David McDonald, 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. If all parties to the motion sign the stipulat...

Excerpt: ... for summary adjudication on all causes of action in the first amended complaint filed by plaintiff Annette Elliott is granted as to all five causes of action and Ms. Elliott is granted leave to amend to file a second amended complaint only alleging a single cause of action for negligence based solely on the alleged negligent hiring, training and supervision of the Regents' employees subject to the conditions stated in the order on Ms. Elliot...

Excerpt: ...tlement with plaintiff Lynne Crawford is granted and the valuation of the assignment of Mr. Lis' cross‐claims is reserved till trial. Two subcontractors filed "conditional oppositions" which did not oppose the granting of this motion provided that the valuation of the assignment of Mr. Lis' cross‐ claims against them is not determined now and is reserved till trial. Deferring valuation of all of Mr. Lis' cross‐claims til...

Excerpt: ...ons: a) Ms. Jefferson may file a second amended complaint no later than July 23, 2018 only alleging a single cause of action for negligence based solely on the alleged negligent hiring, training and supervision of the Regents' employees; b) at the same time Ms. Jefferson files her second amended complaint she must serve verified responses without objections to deem-served discovery to state all facts that support her sole remaining claim, ide...

Excerpt: ...tion to continue the hearing on the motion is also denied. The declaration of Dr. Gavi shows that there is a triable dispute whether the conduct of the PAFMG's physicians fell below the standard of care in failing to conduct a neurological examination and order a cervical MRI before May 2015. PAFMG has not satisfied its summary motion burden to proffer admissible expert evidence on the issue of causation. (Sanchez v. Kern Emergency Medical Tr...

Excerpt: ...of California to revoke Dr. Abedi's physician and surgeon's certificate. The record demonstrates that Dr. Abedi violated his probation on August 14, 2017 when he missed a biological fluid testing appointment. Dr. Abedi's claim that he was too sick to attend the appointment or contact his monitor lacks credence because he informed his work the same day that he could not appear. (RT I, 19:5‐15; RT II, 42:13‐17.) Dr. Abedi also viola...

Excerpt: ...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 Superior Court Judge. If a party appears by ...

Excerpt: ...roduction Of Documents Set Two, Verification Privilege Log, Supplemental Response, And Monetary Sanctions. (For Tentative Ruling Purposes Only, Part 2 Of 2) Fairmont is therefore hereby ordered to provide Further Supplemental Responses to RPD Nos. 1-18 within seven days from the date of this Order, said further supplemental responses to be verified. The Further Supplemental Responses shall include no objections, the objections having been overrul...

Excerpt: ...tion to set aside the judgment and order granting defendant City and County of San Francisco's motion for summary judgment is granted. Ms. Hogan has shown that she is entitled to discretionary relief per CCP 437(b) because her mistaken belief that the November 2, 2017 order continuing the trial date also continued the date of her opposition to the City's motion for summary judgment was made in good faith and was reasonable in light of the...

Excerpt: ...hem, are enjoined from 1) withdrawing, transferring or using any funds in Wells Fargo Bank Account Nos. 6403387514 and 4155001278 for any purpose other than for the sole benefit of GICC per a request made by a board member of GICC; and 2) taking any action to sublease, license or occupy any space currently occupied by the GICC under the terms of the GICC license granted by the California Department of Social Services. Plaintiffs have shown that t...

Excerpt: ...dent Medical Board provided a hearing to Dr. Vederman to enable him to contest the Board's position that he violated the terms of his probation by failing to engage in "activities defined in sections 2051 and 2052 of the Business and Professions Code." Dr. Vederman fails to show that the Board's findings that he did not participate in activities encompassed with sections 2051 and 2052 were contrary to the weight of the evidence. T...

Excerpt: ...ablishes that a section 397(c) motion must be filed within a reasonable time after the case is at issue. At this stage of the consolidated cases, when more than twenty months have elapsed since defendants filed an answer to the complaint in the first filed action and less than six weeks to trial, it would be extremely unfair and prejudicial to plaintiffs for these cases to be transferred to another county. Therefore, defendants' failure to fi...

Excerpt: ... days leave to amend. Regional Protection clarified that it is only seeking punitive damages against US Security on the third cause of action for interference with contractual relations. The third cause of action fails to allege sufficient ultimate facts to support punitive damages. If it can do so in good faith, Regional Protection is granted leave to allege facts showing that one or more officers, directors, or managing agents of US Security ac...

Excerpt: ...#39;s petition to confirm contractual arbitration award is granted. Mr. Friend is entitled to judgment in his favor against respondents J Garcia Carrion, S.A. and CIV USA Inc., jointly and severally, in the amount of $2,743,903, plus 10% interest thereon from and after July 31, 2018 compounded annually. Judicial review of contractual arbitration awards is limited to "those cases in which there exists a statutory ground to vacate or correct th...