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: ... 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: ...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: ...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: ...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: ...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: ...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: .... Defendant Swett & Crawford's ("Swett's) motion for summary judgment is DENIED. Swett's motion for summary adjudication is GRANTED in part and DENIED in part. The motion is GRANTED as to the breach of contract cause of action. " 'A contract implied in fact is one not expressed by the parties, but implied from facts and circumstances showing a mutual intention to contract.' [citation] Without such mutual intention ther...

Excerpt: ...Fifth Historic Properties, LLC, 418 Jessie Historic Properties, LLC and 418 Jessie Properties, LLC's demurrer to the first, third, sixth and eighth causes of action in the first amended complaint filed by plaintiff Mint Collection‐410‐418 Jessie Street Condominium Owners' Association is: a) sustained without leave to amend as to the first, third and sixth causes of action for violation of residential building standards , strict liabil...

Excerpt: ...f good faith and fair dealing and request for punitive damages is denied as to both issues. There are triable disputes whether defendants' denial of policy benefits to Ms. Cohen was: 1) unreasonable and 2) done in conscious and willful disregard of Ms. Cohen's rights under the policy that subjected Ms. Cohen to cruel and unjust hardship and was despicable. Ms. Cohen's ability to successfully carry out her duties as a hearing officer d...

Excerpt: ...y and Doorman Property Management S Corp.'s motion for summary judgment or alternatively motion for summary adjudication is denied in its entirety. There are triable disputes whether: 1) plaintiff and cross‐defendant CFO Rick, Inc. performed all of the duties required of it per the parties' contract or was excused from doing so; 2) any of the services performed or required to be performed by CFO Rick per the parties' contract requir...

Excerpt: ...t filed by plaintiffs Lourdes Zamudio is granted. Assuming without deciding that the indemnity provision of the 2007 CRF‐Marriott contract provides for a first party claim by a Marriott employee, the undisputed facts establish that the indemnity provision does not impose liability on CRF for Alexander Damhuis' intentional torts. The phrase "indemnifying party's ? willful misconduct" in the indemnity provision is not reasonably s...

Excerpt: ...ges liability. The allegations that Mr. Misra intentionally attempted to flee the scene of the accident knowing that he had hit and injured Ms. Preap which caused Ms. Preap to suffer additional fear, distress and anxiety are sufficient to show despicable conduct carried on with willful and conscious disregard for Ms. Preap's rights. Defendants' reliance on Broooks v. E.J. Wilig Truck Transp. Co. (1953) 40 Cal. 2d 669 is misplaced. Nothing...

Excerpt: ... that arises from the State Bar's interpretation and in fidelity with the important principle of statutory interpretation that wherever possible a statute should be interpreted to avoid constitutional infirmity, the State Bar's interpretation must be rejected and Mr. Obbard's interpretation adopted. (City of Cerritos v. State of California (2015) 239 Cal. App. 4th 1020, 1035). Any party who contests a tentative ruling must send an ema...

Excerpt: ...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. If not al...

Excerpt: ...for summary judgment is granted. On FusionStorrm's complaint, it is entitled to judgment in its favor and against defendant and cross‐complainant Renee Tenorio for a permanent injunction enjoining Ms. Tenorio from directly or indirectly using, disclosing or disseminating any non‐public information that is contained in any document including an email that Ms. Tenorio prepared or received while she was employed at FusionStorm and was at any...

Excerpt: ... Weiss, the court cannot take judicial notice of the truth of the statements therein. Further, an EPO is often issued based on one side's version of events and has no preclusive effect in any subsequent litigation and cannot be used to show any misconduct by Ms. Weiss on this demurrer. This is particularly true here where the EPO sought to be judicially noticed has no entries in the application portion and thus does not even purport to provid...

Excerpt: ... and complaint for declaratory and injunctive relief filed by petitioner/plaintiff City and County of San Francisco is sustained with ten days leave to amend to give CCSF the opportunity to name a State agency and/or officer as a respondent/defendant. Per binding case law, an action seeking an order preventing the enforcement of a State statute must seek such relief against a State agency and/or officer. For guidance of the parties going forward,...

Excerpt: ...ny 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. =(302/HEK) Case Number:CGC17561749Case Title:JENNIFER WALKER ET AL VS. HAND JOB, LLC ET ALCourt Date:MAY-22-2018 09:30 AMCalendar Matter:DEMUR...

Excerpt: ...act in MBW‐Brotherhood Way, LLC's third amended cross‐ complaint is overruled. A demurrer to a cause of action for breach of contract admits not only the contents of the contract, but also any pleaded meaning that the instrument is reasonably susceptible. (Aragon‐Haas v. Family Security Ins. Services, Inc., (1991) 231 Cal.App.3d 232, 239.) Paragraph 2 of the Management Services Agreement states that Comstock Homes hired MBW for Hawke...

Excerpt: ...ate arbitration proceedings is granted. Respondent Bay Area Quality Management District is required to arbitrate the two grievances. The two grievances are consolidated, although the arbitrator is authorized to sever them or make any other appropriate orders regarding phasing of the issues. The delegation clause in section 4.12.2 of the MOU is clear and unmistakable and requires that any disputes regarding arbitrability are to be decided by the a...

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...

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: ... 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: ...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...