Excerpt: ...he Bard defendants have shown good cause for the continuance. A trial continuance is further supported by the tentative ruling granting plaintiff Wayne Ruden's motion for leave to file his proposed fourth amended complaint which, assuming the tentative ruling is confirmed, the Bard defendants likely need some or all of the additional time afforded by the trial continuance to determine whether to file a summary motion directed to the new claim...

Excerpt: ...4) As of that date in October 2015, based on allegations in its prior complaints which are binding on it for purposes of this demurrer, CDC knew that the entity it contracted with had a different legal name: "Webcor Construction, Inc." As CDC has alleged in paragraph 25 of the SAC, learning information that a different entity constructed the Hotel than the entity it had believed to be the entity who actually constructed the Hotel "cau...

Excerpt: ...etermination Of Good Faith Settlement And Order Dismissing And Barring Cross‐Complaints; Memorandum Of Points And Authorities In Support Thereof; Declaration Of Sergio W. Stevens In Support ThereofRulings:Matter on calendar for Friday, June 29, 2018, Line 5, DEFENDANT FIFTH HISTORIC PROPERTIES, LLC,, MARTIN MCNERNEY DEVELOPMENT, INC.,, 418 JESSIE HISTORIC PROPERTIES, LLC,, 418 JESSIE PROPERTIES, LLC, Motion And Limited Motion To Contest Broadwa...

Excerpt: ...ash service of the second amended complaint on counsel for Cal Wellness is granted. The apparent mistake of counsel for plaintiff Stephen Massey in believing that service of the second amended complaint on counsel for Cal Wellness was sufficient to require Cal Wellness to respond to the second amended complaint is not a basis to preclude Mr. Massey from seeking any relief against Cal Wellness, especially given the lack of any legal prejudice to C...

Excerpt: ...s 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 sign given by email. If not all p...

Excerpt: ...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 telephone, the stipulation may b...

Excerpt: ...earing. Defendants Crystal Lei and Bryant Fu's motion for an order requiring vexatious litigant Demas Yan to post security is granted. Per CCP 391.3 and 391.4, unless Mr. Yan furnishes acceptable security in the amount of $50,000 for the benefit of Ms. Lei and Mr. Fu no later than July 31, 2018, this case will be dismissed as to Ms. Lei and Mr. Fu on August 1, 2018. Per CCP 391.6, this case is stayed until July 31, 2018 or the date as Mr. Yan...

Excerpt: ...E. Plaintiffs filed their complaint in unredacted form back on April 30. For the eight‐plus weeks since then, the complaint has been publically available on the Court's register of actions ‐ apparently waiving any confidentiality that could ever have existed. Further, my review of the public complaint finds no immediately apparent "overriding interest that overcomes the right of public access to the record." (See CRC 2550.) I also...

Excerpt: ...ion to strike the request for punitive damages in the complaint filed by plaintiff Destiny Ekwueme is granted without leave to amend but without prejudice to filing a motion for leave to amend later in the case if Ms. Ekwueme is able to allege in good faith sufficient facts to show that Mr. Buhrz and/or Big Hair is liable as an employer for punitive damages per Civil Code 3294(b). While the failure of night club security personnel to intervene to...

Excerpt: ... Ngo's motion to set aside default and default judgment is granted. The default entered against Mr. Ngo on August 23, 2017 and the default judgment entered against him on September 21, 2017 are vacated. Mr. Ngo has shown good cause for granting this motion per CCP 473.5. (Shamblin v. Brattain (1988) 44 Cal. 3d 474, 478 ("when a party in default moves promptly to seek relief, very slight evidence is required to justify a trial court's ...

Excerpt: .... Defendants StubHub, Inc. and eBay Inc.'s motion to compel arbitration is denied. Ms. Wang's claims seek statutorily authorized public injunctive relief and thus fall within the scope of McGill. The FAL, UCL, and CLRA serve a public purpose, provide for public injunctive relief and thus, per McGill, a plaintiff's right to seek an injunction on behalf of the public pursuant to these statutes cannot be waived by an arbitration agreement. (McGill v...

Excerpt: ...up, Inc.'s motion for summary adjudication on plaintiff Jane Doe's request for punitive damages is granted. The undisputed facts show that Diane Easterwood, was not an employee of TPMG. (Easterwood Dec. 2; Easterwood Depo. p. 9). Unlike Davis v. Kiewit Pacific Co. (2013) 220 Cal.App.4th 358, 371 where the person in charge of investigations under the company HR policy was an employee of the defendant, Ms. Easterwood was not an employee, di...

Excerpt: ... Holdings, LLC has not shown that defendants directed their activities at California residents or purposefully availed themselves of the benefits of the California. (Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4th 434, 446). Believe Wireless does not advertise in California, does not provide services in California, does not maintain an office in California and is not registered to do business in California. The fact that defendants ...

Excerpt: ...ation and stay proceedings is denied. The arbitration agreement is unconscionable and severance of the substantively unconscionable provisions is not possible because the entire agreement is permeated with unconscionability. The New York choice of law provision is unconscionable and California law applies. (Pinela v Neiman Marcus Group (2015) 238 Cal.App.4th 227, 246‐247). The arbitration agreement is procedurally unconscionable. Subcontracting...

Excerpt: ... pending in the Court of Chancery in the state of Delaware is granted. Per this court's authority to stay a later filed action in favor of a related previously filed action, this case is stayed pending the completion of the Delaware case or further order of this court. Judicial economy is disserved by the concurrent prosecution of two lawsuits involving the same parties seeking damages against each other in two different fora approximately 30...

Excerpt: ...ague, and Robert Cain's motion for summary adjudication against M.C. Plastering Co., Inc. on the issue of duty to defend is continued to June 14, 2018 to give the moving parties and all whom they contend owe them a duty to defend to work out an agreement "how such a defense should be provided or financed." (Crawford v. Weather Shield Mfg. Inc. (2008) 44 Cal.4th 541, 565, n.12.) . Per the indemnification provision of its contract with ...

Excerpt: ...vernment Enforcement case" brought by the City, but he does not believe that disqualifies him from deciding motions in this case. Plaintiffs Bennett Goldberg and Linda Kuckuk's motion to compel further responses to requests for production of documents is granted in part. Defendant Stephens Institute is required to: a) provide further responses and produce all documents responsive to requests 2 and 3; b) provide further responses and produ...

Excerpt: ...d 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 sign given by email....

Excerpt: ...s is denied. The precedential decisions of the California State Personnel Board on issues of general application within Board's constitutional authority are entitled to considerable deference per Yamaha Corp. of America v. State Bd. of Equalization (1998) 19 Cal.4th 1, 7. The double jeopardy rule invoked by petitioners is based on the Board's own precedential decisions and is not grounded in a constitutional or statutory provision. While ...

Excerpt: ... QUIZNOS FRANCHISING II, LLC, AND QIP HOLDER, LLC's Motion To Compel Defendant Triton Subs, Inc. To Provide Further Responses To Special Interrogatories Set Seven Request For Monetary Sanctions Against Defendant Triton Subs, Inc., In The Amount Of 1,050.00. Plaintiff Fireman's Fund Insurance Company's motion to compel defendant Triton Subs, Inc. to provide further responses to special interrogatories (set seven) and for monetary sanct...

Excerpt: ...agree that, if this case is litigated in Florida that California law, not Florida law, will govern the claims of plaintiff Aryan Davani and defendants' defenses, including California law regarding statute of limitations and exceptions thereto. If defendants so agree, they must file a document so stating by June 7, 2018. If defendants so agree, the court will stay this case pending the conclusion of the Florida case. Absent such an agreement, ...

Excerpt: ...ithout prejudice to Mr. Mekbeb seeking leave to amend if and when he is able to allege facts that are sufficient to impose punitive damages liability on Uber per Civil Code 3294(b). Accepting the allegation that Uber is the employer of defendant Clarence Lalaind, Jr. as true, the FAC fails to allege sufficient facts to show any of the grounds on which an employer may be liable for punitive damages. Nor does it appear that it is reasonably possibl...

Excerpt: ...oses of Civil Code 3294(c)(1) and no case construing that subsection holds to the contrary. 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. Counsel for Mr. Gomes is required to prepare a pr...

Excerpt: ...etion or its findings are contrary to the weight of the evidence. The DMV properly admitted the DS‐ 367 officer's statement under Evidence Code 1280 as a public employee record. (Jackson v. Department of Motor Vehicles (1994) 22 Cal.App.4th 730, 737.) The failure of Officer McFall to sign the first page of the officer's statement that referred to objective symptoms of intoxication does not render the statement untrustworthy and inadmiss...

Excerpt: ...iens is denied. A corporate defendant's principal place of business is presumptively a convenient forum. (Nat'l Football League v. Fireman's Fund Ins. Co. (2013) 216 Cal. App. 4th 902, 917.) Where the plaintiff is a California resident, the plaintiff's choice of a forum should rarely be disturbed unless the balance of public and private interest is strongly in favor of the defendant. (Id.) Uber, a California corporate resident, ha...