Excerpt: ...inst them by plaintiff Gilberto Robles Vasquez complaint is granted as to both defendants. The undisputed facts show that Bosa CA did not direct the manner of the work performed by E&S and did not directly participate in that work. A "hirer's failure to correct an unsafe condition, by itself, does not establish an affirmative contribution." (Khosh v. Staples Construction Company, Inc. (2016) 4 Cal.App.5th 712, 718). Ray v. Silverado C...

Excerpt: ...tract E: Failure To Defend And Fifth Cause Of Action For Declaratory Relief Re: Duty To Defend. Cross‐complainant City and County of San Francisco's motion for summary adjudication on its third and fifth causes of action for breach of contract and declaratory relief for a duty to defend against cross‐defendant Thyssenkrupp Elevator America is granted. Based on the undisputed facts, the City is entitled to an order that Thyssenkrupp is obl...

Excerpt: ...the summons and complaint filed by plaintiff Golden State Broadcasting, LLC states that Mr. Malvar was substitute served at a UPS store on the last possible day to effect service to avoid the mandatory 3 year period for service. While not argued by GSB, substitute service on an individual is permitted at a UPS store without need for a showing that personal service could not be made after reasonable diligence per CCP 415.20(c). However, this form ...

Excerpt: ...ed complaint and to reopen discovery is granted on specified conditions that plaintiffs must accept in writing before the hearing or orally at the hearing and, if they does not, the motion is denied. The conditions on the granting of this motion are: 1) the trial is continued to March 18, 2019 at 9:30am in department 206 with all discovery deadlines triggered off the new trial date; 2) plaintiffs must pay $3,000 to defendants FCA US LLC and Chrys...

Excerpt: ... discovery is granted on specified conditions that Mr. Witt must accept in writing before the hearing or orally at the hearing and, if he does not, the motion is denied. The conditions on the granting of this motion are: 1) the trial is continued to March 4, 2019 at 9:30am in department 206 with all discovery deadlines triggered off the new trial date; 2) Mr. Witt must pay $10,000 to defendants FCA US LLC and Crown Automotive, Inc. no later than ...

Excerpt: ...mplaint filed by plaintiff Trent Jason is: a) overruled as to the first, second, and third causes of action for breach of contract, breach of implied covenant of good faith and fair dealing, and insurance bad faith for failure to properly investigate a claim; b) sustained with twenty days leave to amend as to the fourth through seventh and ninth causes of action for unfair competition, misrepresentation, false promise, fraud, and negligent inflic...

Excerpt: ...st amended complaint are sustained with 20 days leave to amend. Plaintiff is given one last opportunity to attempt to plead with particularity one or more coherent fraud claims for intentional misrepresentation and/or concealment/partial disclosure. The fifth, sixth and tenth causes of action are currently a jumble of those two distinct fraud claims, improperly refer to a fiduciary relationship, and refer to misrepresentations which occurred afte...

Excerpt: ...a Meats (2004) 121 Cal. App. 4th 1238, a decision of the First District which has not been overruled or criticized by any published authority, holds that a claim brought by a minority shareholder alleging that payments made by a corporation to a majority shareholder were in the form of excessive compensation to the majority shareholder and can be the basis of an individual claim on behalf of the minority shareholder against the majority sharehold...

Excerpt: ...personal jurisdiction over Mr. Schwartz per specific jurisdiction principles. Mr. Schwartz purposefully availed himself of the benefits of California and his California contacts relate to plaintiffs' fraud claims. Plaintiffs presented evidence that Mr. Schwartz traveled to California for a meeting with Mr. Chung to discuss Frankly, Inc.'s acquisition of WorldNow Media, forwarded Mr. Chung's emails to plaintiffs, and sent WorldNow empl...

Excerpt: ...ce in trying to personally serve Mr. Devesa after finding out that Mr. Devesa no longer lived at his last known address by attempting service two times at the address for MedWhat.com Inc. listed on its website, a company that Mr. Davesa served as CEO, and three times at the address for Mr. Devesa's other company, Linda HealthCare Corporation Corp, listed on the company's website. Plaintiffs' subsequent substituted service at the addre...

Excerpt: ...um's motion for summary judgment on the second amended complaint filed by plaintiff Nripendra Dhillon is denied as to the first cause of action for retaliation which is only alleged against the Regents and is granted as to the second cause of action for intentional infliction of emotional distress which is only alleged against Dr. Basbaum. Liberally construing the evidence presented by Dr. Dhillon, that evidence creates a triable dispute whet...

Excerpt: ... each independently sufficient. First, APS&EE's memorandum violates the 15‐page limit. (CRC 3.1113(d)). Second, granting the motion would only increase costs for all parties and this Court. APS&EE concedes that (1) the relief sought by the proposed settlement is appropriate and (2) its only interest is in attorney fees and costs for a less‐comprehensive Proposition 65 case it filed against the same defendant in Los Angeles. APS&EE cites n...

Excerpt: ...e Company S Special Motion To Strike Plaintiffs Complaint Pursuant To Code Civ Proc 42516. The insurers' anti-SLAPP motion to strike is DENIED. The insurers meet prong 1 of the anti-SLAPP statute. Plaintiffs' complaint includes numerous references to the insurers' communications with counsel during the federal action and asserts them as a basis for liability. (Complaint, pars. 9, 103-112). Plaintiffs' complaint does more than make...

Excerpt: ...;s asserted second cause of action for punitive damages is not a separate claim from his first cause of action for defamation for purposes of this motion. Mr. Cho and Mr. Bae satisfied their first prong burden of showing that the advertisement in the Korea Times was made in a public forum in connection with an issue of public interest (CCP 425.16 (e)(3).) Weinberg v. Feisel (2003) 110 Cal.App.4th 1122 is distinguishable. There, the defendant beli...

Excerpt: ... possess and cannot reasonably obtain evidence that decedent Jeffrey Ebbesen was exposed to asbestos‐containing products or materials attributable to Defendant. Plaintiffs' discovery responses are not factually devoid under Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826. 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 ...

Excerpt: ...Amended Complaint, For An Order Dismissing Class Claims, And Approval Of Notice To Class Members. Plaintiffs' motion for leave to file a second amended complaint, for an order dismissing class claims, and for approval of notice to class members is granted in its entirety. Defendants Harcourt Group, LLC and Sojourn Properties, Inc. do not object to the dismissal of the class claims and in light of the affirmance of the denial of class certific...

Excerpt: ... plaintiff Anthony Lee is overruled. The allegations supporting the conversion claim are similar to the allegations that were found to be sufficient to allege a viable conversion claim in Sanowicz v. Bacal (2015) 234 Cal.App.4th 1027. Mr. Lee alleges that, per the Compensation Agreement, defendants owe him at least 12.72% of the 25 million XRP options and/or corresponding XRP; the defendants converted Mr. Lee's property by wrongfully withhold...

Excerpt: ...a. Plaintiff Cheryl Luna acted with reasonable diligence in trying to personally serve Mr. Saranga by attempting service at his home address nine times, including three occasions when a guard confirmed that Mr. Saranga lived in the apartment where personal service was attempted. Although the process server did not subserve a competent household member, leaving the papers with the guard on duty constituted substantial compliance with the statutory...

Excerpt: ... or, in the alternative, motion for summary adjudication of issues is denied in its entirety. As to issues 1, 2, and 4, there are triable disputes whether the assertedly harassing conduct was sufficiently severe or pervasive to constitute sexual harassment and whether Bloomingdale's failed to prevent the harassment. The record is replete with offensive comments and Ms. Kalantari complained about them to Bloomingdale's. (Kalantari Depo. 10...

Excerpt: ...gainst them on October 24, 2017 is granted. The defaults are now vacated. Moving defendants have shown that they are entitled to the relief they seek per CCP 473(b). Very slight evidence is required to support vacating defaults and doing so comports with California's strong policy of deciding cases on their merits. (Shamblain v. Brattain (1988) 44 Cal. 3d 474, 478). Nor has plaintiff Golden State Broadcasting, LLC shown that it would suffer a...

Excerpt: ...ontract claim and relief on a motion for summary judgment may not be granted on an unalleged claim. As was stated in the April 2, 2018 order denying Mr. Elder's CCP 664.6 motion, Mr. Elder has not shown that the parties entered into a settlement. In particular, Mr. Elder failed to show that the asserted agreement complied with SF Charter 6.102, was signed by the City, approved by SFPD, which is a condition specifically set forth in the assert...

Excerpt: ...10(A)(2)]. Defendant/Respondent Minnesota Lawyers Mutual Insurance Company's ("Minnesota") motion to stay or dismiss action based on forum non conveniens is GRANTED. The court orders this action STAYED pending resolution of Modell's petition for assumption of jurisdiction over trust presently pending in Maryland. The court grants Minnesota's supplemental request for judicial notice. Berman is a California resident, but Minneso...

Excerpt: ...sion Systems, LLC is denied. Defendants have not shown on this pleading motion that the allegations regarding the Orange County case are irrelevant or legally prejudicial to them. This ruling is merely a decision at this stage of the case not to strike the references to the Orange County case in the complaint. It is not, and should not be taken, as an indication on how the court would rule on other matters pertaining to the Orange County case, su...

Excerpt: ...mary adjudication is denied as to the first cause of action for dangerous condition of public property and granted as to the second, third and fourth causes of action for vicarious liability for employee, vicarious liability for independent contractor, and failure to discharge mandatory duty. The City's argument that natural condition immunity bars plaintiffs' claim for dangerous condition of public property lacks merit. There is a disput...

Excerpt: ...Marine Services Company, LLC, a Delaware Limited Liability Corporation's motion for summary judgment is denied. Defendant failed to sustain its burden of demonstrating that Plaintiff does not possess and cannot reasonably obtain evidence that he was exposed to asbestos‐ containing products or materials attributable to Defendant. Statements made during the deposition of William Jellyman preclude Defendant from successfully invoking the factu...