Excerpt: ...ede that defendant sustained its initial burden. Plaintiffs failed to submit admissible evidence to create a triable issue whether Mr. Nichols was exposed to any products attributable to defendant that were removed from and/or installed on a Gardner Denver pump. Mr. Keef's statements in his declaration regarding the supplier of the gaskets contradict his deposition testimony and were not considered. Further, even assuming that plaintiffs subm...

Excerpt: ...ase Number:CGC17558069Case Title:EVAN KROW VS. SAUL GEVERTZ ET ALCourt Date:APR-25-2018 09:30 AMCalendar Matter:DEMURRER TO 2ND AMENDED COMPLAINTRulings:Matter on calendar for Wednesday, April 25, 2018, Line 8, DEFENDANT SAUL GEVERTZ'S DEMURRER TO 2ND AMENDED COMPLAINT. Defendant Saul Gevertz's demurrer to all five causes of action in the second amended complaint filed by plaintiff Evan Krow is sustained with twenty days leave to amend to...

Excerpt: ...on for disability discrimination, failure to accommodate disability, and failure to engage in the interactive process with more particularity. (Government Code 12940(a), (m), and (n).) Ms. Olla should allege facts regarding the nature of her mental disability, how it limits a major life activity, and SFUSD's awareness of her disability. Ms. Olla also has leave to clarify that the adverse employment actions were SFUSD's failure to provide ...

Excerpt: ... ("State") motion to vacate the defaults entered on 9/25/17 is GRANTED. The motion is timely because a void default can be vacated at any time. (See CCP 473(d); Westport Oil Co. v. Garrison (1971) 19 Cal.App.3d 974, 978.) The record fails to disclose proper service on either movant. The proof of service dated 11/6/15 indicates that plaintiff attempted to serve the summons and amended complaint on the State, but failed to comply with CCP 4...

Excerpt: ... prong of Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826 by demonstrating that plaintiffs do not possess, and cannot reasonably obtain, evidence that Mr. Nichols was exposed to asbestos‐containing products or materials attributable to defendant. While plaintiffs' evidence is sufficient to create a triable issue whether Mr. Nichols was exposed to gaskets for which defendant (Peerless) is responsible, plaintiffs failed to submit admi...

Excerpt: ...laims are based on discrete sections of the Labor Code and allege separate theories of liability. (See Edward Fineman Co. v. Sup.Ct. (1998) 66 Cal.App.4th 1110, 1115; Lilienthal & Fowler v. Sup.Ct. (1993) 12 Cal.App. 1848, 1854-1855; <0017000f00030014001400 00440003005900110003[See's Candy Shops, Inc. (2016) 7 Cal.App.5th 235, 237.) The court DENIES summary adjudication on claim one [failure to pay overtime]. Notwithstanding whether Cole Haan...

Excerpt: ...action in the alternative, so preemption arguments do not apply here. Vendley's demurrers are OVERRULED in their entirety. Count 1 (Breach of Fiduciary Duty): Defendant asserts that the cause "contains no factual statements." Actually, the cause incorporates many facts by reference ‐ and within statutes of limitations. Count 2 (Intentional Interference With Economic Relations): Plaintiffs Goodin and Urban Flowers, Inc. are adequatel...

Excerpt: ...he seventh cause of action for violation of the CLRA and is overruled as to all other causes of action. The first through sixth and eighth causes of action for intentional misrepresentation, negligence misrepresentation, breach of contract, common count, and violations of the Unfair Competition Law, False Advertising Law, and Penal Code 493(c) are all adequately alleged. Many of Stonebrae's arguments raise factual issues not amenable to resol...

Excerpt: ...Production And For Monetary Sanctions. Pro Tem Judge David Helbraun, 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 b...

Excerpt: ...to Ms. Hutto is limited to all documents related to Mr. Wellhausen's left shoulder for the time period of April 9, 2005 to the present. The subpoena is overbroad. By filing this case, Mr. Wellhausen effected a waiver of his medical privacy only as to the medical condition he seeks to hold defendants liable. Mr. Wellhausen's privacy interest in his medical information outweighs defendants' interest in seeking the information based on s...

Excerpt: ...bastian to perpetuate testimony of Richard Lee Sebastian is denied as untimely. BorgWarner failed to provide sufficient notice as required by C.C.P. sections 1005 and 1010.6 and petitioner objected on this ground. The Court did, however, consider BorgWarner's motion as arguments in opposition to the petition. See ruling on the petition. If a hearing is requested, it will be at 9:30a.m., not 9:00a.m., Hon. Lynn O'Malley‐Taylor presiding....

Excerpt: ... is DENIED. In determining whether to issue the injunction, the court considers the likelihood that Association will prevail on the merits and the balance of equities and harms. (See Metro Traffic Control, Inc. v. Shadow Traffic Network (1994) 22 Cal.App.4th 853, 858.) In this case, the court finds that Association is unlikely to prevail on the merits and show that defendants' paired gender identity search policy violates the law. The court r...

Excerpt: ...n. As to the breach of contract and common counts causes of action, the cross‐complaint does not adequately allege the nature of the "services" or the "substance" of the contract's terms. In addition, there is insufficient basis alleged for Mr. Jozinovic basis for asserting a contract or common counts claim. At a minimum, Mr. Jazinovic needs to allege how he individually and the sole proprietorship entered into an agreement ...

Excerpt: ...ended complaint filed is sustained with twenty days leave to amend as to all causes of action. As to the claims against Ms. Ramirez, plaintiffs are given leave to amend to allege facts showing that the one‐year statute of limitations per CCP 366.2(a) was tolled because they timely filed a creditor's claims and the executor failed to allow, approve, or reject the claims. When a cause of action appears to be barred by an applicable statute of...

Excerpt: ...s to issues two and four. As to summary judgment and summary adjudication issues one, three, five and six (first, third, fifth and sixth causes of action), there is no argument that defendant failed to sustain its initial burden. The deposition testimony and declaration of Elijah Davis and the declaration of Charles Ay create a triable issue whether decedent Ted Hebebrand was exposed to asbestos‐containing products or materials (pipe insulation...

Excerpt: ...nted. Granting the motion comports with California's liberal policy allowing amendments to pleadings and defendants have not identified any prejudice to them if the motion is granted. The argument that Xelan cannot be liable for any of the claims alleged by Mr. Kimball is best addressed on a demurrer or other pleading motion, not a motion to amend, although it appears that there is no legal impediment to imposing liability on Xelan merely bec...

Excerpt: ...seek judicial review of the Medical Board's decision effective March 10, 2014 adopting the stipulated settlement and disciplinary order is time‐barred. In order to timely seek judicial review of that decision, Dr. Goodrich was required to file a petition for a writ of mandamus within 30 days after March 10, 2014. Dr. Goodrich's suspension was terminated in June 2014, she is currently still in good standing, and allowed to practice medic...

Excerpt: ...ither Mr. Diaz or Mr. Ng has a protecible privacy interest in information about prior similar accidents that supports either an instruction not to answer on privacy grounds or requires moving defendants to show that prior similar accidents are directly relevant to the issues in this case. Absent such a privacy interest, the instructions not to answer questions were erroneous and thus the City is required to make Mr. Diaz and Mr. Ng available for ...

Excerpt: ...sobedience Of Lawful Judgment Quieting Title; Statement Of Facts In Re Contempt. Plaintiff Theresa Murphy's amended motion for an order to show cause re contempt is denied. "It is well established that the affidavit by which a contempt proceeding is instituted, in order to sufficiently support an adjudication of contempt, must state facts constituting the offense, otherwise the court is without jurisdiction, and the facts essential to est...

Excerpt: ...ttach order and a writ of attachment is granted in substantial part. The Hancocks are entitled to a right to attach order and writ of attachment in the amount of $265,012.90 on the condition that they file an undertaking in the amount of $10,000. The money in defendant Clever Machine, LLC's bank account is and is likely to remain the only asset Clever Machine has to satisfy the arbitration award in favor of the Hancocks. The liquidity of this...

Excerpt: ...d) Against Cross‐Defendant Thyssenkrupp Elevator Corporation. Cross‐complainant City and County of San Francisco's motion for summary adjudication on its fifth cause of action for declaratory relief for a duty to defend against cross‐defendant Thyssenkrupp Elevator Corporation is GRANTED. Based on the undisputed facts, the City is entitled to a declaration that Thyssenkrupp is obligated to defend it against the claims alleged by plainti...

Excerpt: ...imination: Gov't Code 12940): DENIED. Plaintiff asserts he was terminated discriminatorily and without notice after a month's leave for a severe hematoma. A medical leave can be a reasonable accommodation, though plaintiff is wholly unable to work during the leave. (Nunes v. Wal‐ Mart Stores, Inc. (9th Cir. 1999) 164 F.3d 1243, 1247.) This and the evidence that defendant did no cost‐ benefit analysis of hiring someone to replace plain...

Excerpt: ...gned 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 ema...

Excerpt: ...dmin Code sec. 10.22‐2. Plaintiff fails to show compliance with the express terms of the Full and Final Release (i.e. SFPD approval) and there has been no compliance with the direct party participation requirement of CCP 664.6. (See Levy v. Superior Court (1995) 10 Cal.4th 578, 584; Sims Dec., par. 6.) The court denies CCSF's request for sanctions. Defendant failed to comply with the separate notice of motion and safe harbor provisions of C...

Excerpt: ...enue is determined based on the complaint on file at the time the motion to change venue is made." (Brown v. Sup. Crt. (1984) 37 Cal.3d 477, 482.) Plaintiff alleges causes of action for breach of contract as well as tort claims such as breach of fiduciary duty, conversion, and fraud. Different venue provisions apply to the tort claims and breach of contract claims. Plaintiff brings a "mixed action." "In cases with mixed causes of ...