Excerpt: ...ling Part 1 of 2) Defendant City and County of San Francisco's motion for summary judgment is denied and its alternate motion for summary adjudication is denied as to the first cause of action for dangerous condition of public property and granted as to the second cause of action for failure to warn of a dangerous condition of public property. There is a triable dispute whether the planters constitute a dangerous condition of public property....

Excerpt: ...employed by VPM Maintenance Management, LLC for more than eight months as of April 10, 2015 when their employment with VPM ended and who were not subsequently retained by defendant Preferred Buildings Services, Inc. Mr. Martinez's request to act as a class representative is granted. Mr. Martinez has shown that the class is ascertainable. The class is sufficiently numerous. A common issue of law ‐ whether Preferred violated the law by not re...

Excerpt: ... the eighth cause of action for gross negligence and b) overruled as to the fourth cause of action for intentional infliction of emotional distress and the seventh cause of action for conspiracy. The face of the complaint shows that the false imprisonment claim is time‐barred. Liberally construed the complaint alleges sufficient facts to state an IIED and liability based on a conspiracy theory. Demurrers for uncertainty are disfavored and stric...

Excerpt: ...quest For Order Awarding Sanctions. Pro Tem Judge James Fleming, 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 befor...

Excerpt: ...UCL and CLRA claims and neither of those claims arise from protected speech in the anti‐SLAPP statute. Mr. Clark has shown that 1) NuttZo is a corporation primarily in the business of selling nut and seed butter products at issue in this case; 2) the alleged violations of CLRA and UCL arise from NuttZo's "no added sugar" label, which is a statement of fact regarding NuttZo's product; 3) NuttZo's label is made to promote and ...

Excerpt: ... Evidence Abroad In Civil Or Commercial Matters. Plaintiff David Kane's motion for issuance of a request for judicial assistance (letter of request) under the Hague Convention on the taking of evidence abroad in civil or commercial matters is granted. Regardless of who bears the burden, Mr. Kane has shown good cause for the taking of the oral examinations of Nadia Ferriday and Keith McGuinn in the United Kingdom. Defendant Joel Poloney's ...

Excerpt: ...andolph, Martha Aceves, and Clifford Rechtschaffen's demurrer to the first and third causes of action in the first amended complaint filed by plaintiff Karen Clopton for retaliation in violation of the Whistleblower Protection Act and race discrimination in violation of Government Code 12940 is sustained as to the first cause of action alleged against Ms. Aceves, Ms. Peterman and Mr. Rechtschaffen with twenty days leave to amend and overruled...

Excerpt: ...n. 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 parties ...

Excerpt: ...ntiff Don Tucker Dba Don Tucker And Son To Produce Additional Documents In Response To Travelers Second Production Requests.(For Tentative Ruling Only)(part 2 of 3) It follows that Mr. Tucker's ability to defend the underlying action is indeed an issue in this case. Given the acknowledged broad scope of permissible discovery, Defendant is entitled to conduct discovery of its theory of the case unless precluded by an appropriate objection. Mr....

Excerpt: ... of real party in interest Tanesh Nutall is overruled as to the first cause of action for violation of the Unruh Act and sustained with ten days leave to amend as to the second cause of action for violation of Government Code 11135(a). Liberally construed, the complaint sufficiently alleges facts that show that, at the time of the alleged discrimination against Ms. Nutall, the City was conducting itself as a "business establishment" withi...

Excerpt: ...ation and stay proceedings is granted in its entirety. All claims alleged by plaintiff Garrett Callen must be resolved by arbitration per the parties' agreement and this case is stayed pending the conclusion of the arbitration proceedings. Assuming without deciding that the arbitration agreement is procedurally unconscionable, it is nonetheless enforceable because it is not substantively unconscionable. The attorneys' fees and costs provi...

Excerpt: ...d without prejudice to Mr. Miranda addressing the deficiencies in the moving papers in a re‐filed motion, if he can do so in good faith. The moving papers fail to provide a sufficient quantitative or qualitative analysis of any of the asserted violations of the Labor Code which form the basis of Mr. Miranda's PAGA claims. Nor do the moving papers provide a sufficient explanation why Mr. Miranda is receiving any payment, much less $30,000, f...

Excerpt: ...alleged by plaintiff Steven McIlroy must be resolved by arbitration per the parties' agreement and this case is stayed pending the conclusion of the arbitration proceedings. Assuming without deciding that the arbitration agreement is procedurally unconscionable, it is nonetheless enforceable because it is not substantively unconscionable. The attorneys' fees and costs provision is not substantively unconscionable because it bars the arbit...

Excerpt: ...ory Charter School, Inc.'s motion to quash is granted as to both defendants. Plaintiff Charter Asset Management Fund, L.P. has not shown that either Christopher Clemons or Erica Anthony had actual or ostensible authority to bind LGS and LCP when they signed the factoring agreements. LGS and LCP did not retain either Mr. Clemons or Ms. Anthony with regard to the factoring agreements nor did they give them authority to enter into those agreemen...

Excerpt: ...of action in the second amended complaint filed by plaintiff Jack Reisner is: a) is overruled as to the first cause of action for common law discrimination and retaliation against public policy against UBC; b) sustained without leave to amend as to the first cause of action against Job Corps; c) overruled as to the second cause of action for violation of Labor Code 1102.5; d) sustained with twenty days leave to amend as to the third case of actio...

Excerpt: ...Monday, May 7, 2018, Line 17, PETITIONER JOEL WARNE Motion For: Sanctions Pursuant To, Inter Alia, C.C.P. 128.7(C)(1) And Civ. Code 3294 In Re: False Representations; Reconsideration Pursuant To, Inter Alia, C.C.P. 1008, Et Seq.; Declaratory Judgment Clarifying Scope Of Orders; And Memorandum Of Points And Authorities In Support Of The Same. Petitioner Joel Warne's motion for sanctions and reconsideration of the order dated May 10, 2017 is de...

Excerpt: ..., summary adjudication on its sole cause of action for money due on dishonor of check against defendants Paul Han Kim and In Ju Kim is denied. Wells Fargo has provided insufficient evidence to satisfy its burden of showing that it is a holder in due course. In particular, Wells Fargo fails to provide any evidence when it paid any money on the check, what it had done before doing so, whether it had any notice that the check might be dishonored, an...

Excerpt: ...en 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 sign given...

Excerpt: ...xpenses authorized by section 1033.5 are those to attend depositions. (? 1033.5, subd. (a)(3).)" ( Ladas v. CSAA (1993) 19 Cal.App.4th 761, 775.) TPG's distinction between local and non‐local travel expenses does not change this rule. The court denies the motion as to the e‐filing fees, which TPG substantiates in its opposition. The court denies Heyman's motion to tax the entire costs memo because it was served by e‐mail. Heyman...

Excerpt: ...ent is GRANTED. The court grants summary adjudication on the cause of action for breach of contract based on Truck's commercial insurance policy. Vasquez does not dispute that the policy included a cooperation provision. (Defendants' UMF 4; Parkhurst Dec., Ex. A, sec. I.E.3.a.) The undisputed evidence shows that on 2/7/13, defendants requested additional documents. (Parkhurst Dec., Ex. D.) Vasquez failed to respond to this letter and viol...

Excerpt: ...ly over. At that point, a judgment of dismissal with prejudice in favor of TPG was inevitable and Heyman's right to file a voluntary dismissal was cut off because the "trial" already commenced within the meaning of CCP 581. (Law Offices of Andre L. Ellis v. Yang (2009) 178 Cal.App.4th 869, 877.) TPG shall prepare, file, and serve a judgment of dismissal with prejudice in its favor against petitioners forthwith. TPG's request for f...

Excerpt: ...Feely declares under penalty of perjury that he personally served Dahmash in Belmont, CA on December 17, 2017. Evidence Code 647 provides: "The return of a process server registered pursuant to?the Business and Professions Code?establishes a presumption?of the facts stated in the return." Dahmash fails to rebut the presumption; he merely asserts that he resided in San Diego on December 17, not that he was not served or that a different pe...

Excerpt: ... Ramos stated that there was an English-only policy (Leon Depo., 143:3- 19.) There is also a dispute of fact whether a managing agent ratified such a policy. Assistant Manager Harris had a conversation with Regional Director Calderon about the policy, but Harris did not view it as discipline. (Harris Depo., 197:23-198:8.) Calderon admitted that the English- only policy had been ongoing for months (Calderon Depo., 146:15-147:14; 151:22-24.) Calder...

Excerpt: ... Atlantic Richfield Co. (2001) 25 Cal.4th 826. Defendant's special interrogatories and plaintiff's responses thereto demonstrate that plaintiff does not possess and cannot reasonably obtain evidence that defendant acted with the requisite malice, fraud or oppression to warrant the imposition of punitive damages. (Defendant's Exhibits 36, 37.) Plaintiff failed to present evidence sufficient to create a triable issue as to whether defen...

Excerpt: ...plaintiff Broussard had a reasonably probable expectation of economic benefit from his relationships with Kismatic, Inc. and defendant Reilly. This benefit would have been realized through Broussard's receiving a fair share of any deal involving sale of Kismatic assets or stock, and, had it not been for Apprenda's interference, Broussard would not have lost the prospective benefit. California law permits pleading of factually inconsistent...