Excerpt: ...hen sued defendant alleging FEHA discrimination claims in Case No. CGC‐19‐581293 for what happened in the reinstatement proceedings. On March 4, 2022, I sustained defendant's demurrer to the third amended complaint (TAC) in case 581293 without leave to amend, finding that plaintiff's "claims are barred by the litigation privilege." That order is incorporated here by reference. In April 2022, plaintiff filed another FEHA discrimination complai...

Excerpt: ...ition To Compel Arbitration And Stay Action is denied. "The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense." (Engalla v. Permanente Medical Group Inc. (1997) 15 Cal.4th 951, 972. Here, defendant does not establish that the parties entered int...

Excerpt: ...tion is denied in its entirety. Defendant fails to maintain its burden of production on the harassment claim. (See CCP 437c(p)(2).) Defendant's own motion demonstrates numerous incidents of misgendering, notice, a co‐worker allegedly assaulting plaintiff, and a supervisor stating that he would not use preferred pronouns because it is "bad grammar." (See also Jones Decl., pars. 16‐17.) There is a triable issue of material fact whether this con...

Excerpt: ... Of His Opposition To Defendants Motion For Summary Judgment, Or In The Alternative, Summary Adjudication, Including Supporting Papers. Plaintiff's unopposed motion to seal is granted as follows: The court seals exhibits 24‐39 of plaintiff's index of exhibits in opposition to Med Thrive's motion for summary judgment filed on August 19, 2022. There is good cause to seal that private financial information. The court concludes that (1) There exist...

Excerpt: ... 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 before the Judge Pro Tem who will decide the motion with the same authority as a ...

Excerpt: ...LL, THOMAS VENDEGNA, LUKE FABER, LAURA LUBARSKY, ARMIN BANDARI, and MICHAEL RYAN's motion to transfer is denied. Defendants bring this motion pursuant to CCP 397(c), which provides, "[t]he court may, on motion, change the place of trial [w]hen the convenience of witnesses and the ends of justice would be promoted by the change." "Before the convenience of witnesses may be considered as a ground for an order granting a change of venue it must be s...

Excerpt: ... Judge Tom Cohen, 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 before the Judge Pro Tem who will decide the motion ...

Excerpt: ... [that] ... causes the defendant to lose control of his property before the plaintiff's claim is adjudicated" [citation] is generally construed strictly according to the letter of its statutory terms." Royals v. Lu, 81 Cal. App. 5th 328, 296 Cal. Rptr. 3d 854, 865 (2022); see also e.g., Pac. Decision Scis. Corp. v. Superior Ct., 121 Cal. App. 4th 1100, 1106 (2004). There are many defects in the application, most of them individually sufficient to...

Excerpt: ...oncerning the existence, scope, validity, enforceability or breach of this Agreement, shall be resolved by final and binding arbitration in accordance with the Employment Arbitration Rules of the American Arbitration Association ("AAA Rules") then in effect ". This delegation clause is clear and unmistakable and therefore, the arbitrator shall decide whether this controversy is arbitrable. (See Rent‐ A‐Center, West, Inc. v. Jackson (2010) 561...

Excerpt: ...The supplemental reply is due on November 4, 2022. "To demonstrate good faith, the party seeking a continuance must submit an affidavit or declaration showing that (1) the facts to be obtained are essential to opposing the motion; (2) there is reason to believe such facts may exist; and (3) the reasons why additional time is needed to obtain these facts." (Jade Fashion & Co. v. Harkham Indus., Inc. (2014) 229 Cal.App.4th 635, 656 (internal quotat...

Excerpt: ...dual PAGA claims and stays the remainder of this case, which implicates the representative PAGA claims. Plaintiffs apparently concede that their individual claims are arbitrable. The court declines to dismiss plaintiffs' representative claims because they still have standing pursuant to Kim v. Reins Int'l California, Inc. (2020) 9 Cal.5th 73, 86. Plaintiffs are allegedly "aggrieved employee[s]" per Labor Code sec. 2699(a), (c). Plaintiffs do not ...

Excerpt: ...was filed less than four months after entry of default. "[C]ompliance with the statutory procedures for service of process is essential to establish personal jurisdiction. Under [Code of Civil Procedure] section 473, subdivision (d), the court may set aside a default judgment which is valid on its face, but void, as a matter of law, due to improper service." (Ellard v. Conway (2001) 94 Cal.App.4th 540, 544.) Plaintiff declares that she was never ...

Excerpt: ...intiff concedes that his individual claims are arbitrable. The court declines to dismiss plaintiff's representative claims because he still has standing pursuant to Kim v. Reins Int'l California, Inc. (2020) 9 Cal.5th 73, 86. Plaintiff is allegedly an "aggrieved employee" per Labor Code sec. 2699(a), (c). He does not cease to be an aggrieved employee merely because his individual claim is compelled to arbitration. In Kim, the court held that an e...

Excerpt: ... Attorney General Act (PAGA) complaint alleges that Labor Code violations occurred in the stores. The First District Court of Appeal holds that PAGA "venue is proper in any county in which an aggrieved employee worked and Labor Code violations allegedly occurred." (Crestwood Behavioral Health, Inc. v. Sup. Ct. (2021) 60 Cal.App.5th 1069, 1075.) Our defendant does not dispute that aggrieved employees worked in San Francisco or that Labor Code viol...

Excerpt: ...ty. Cross‐defendants fail to meet their initial burden of production. (CCP 437c(p)(1).) Nearly half the facts in the separate statement are improperly supported by cross‐defendants' own complaint. (See cross‐defendants' SSUMFs 1‐10, 23‐24, 28‐29; College Hospital Inc. v. Superior Court (1994) 8 Cal.4th 704, 720, fn.7 ["a party cannot rely on the allegations of his own pleadings, even if verified, to make or supplement the evidentiary ...

Excerpt: ...anted, respondent's request to vacate the award is denied, and judgment shall be entered in petitioners' favor. The enumerated grounds to vacate an arbitration award are severely limited. (See CCP 1286.2 [grounds to vacate an arbitration award].) In this case respondent contends that the arbitrator exceeded his powers by concluding that petitioner Maleki could recover the restricted stock units ("RSU") despite provisions (e.g. at‐will clause, i...

Excerpt: ...nts Balfour Beatty Construction Company, Inc. ("Balfour") and ACCO Engineered Systems, Inc. ("ACCO") (collectively, "Defendants") motion for summary judgment is granted. First, Defendant Balfour argues it cannot be liable for either of Plaintiff Victor Elizondo's negligence or premise liability claims based on the Privette doctrine. (See Privette v. Super. Ct. (1993) 5 Cal.4th 689.) Since Privette courts have held that, subject to two exceptions,...

Excerpt: ...tory authority for this cost and defendant fails to show that it was reasonably necessary to conduct the litigation. Only deposition travel costs are recoverable per CCP 1033.5(a)(3)(C). 3) Court Appearance Travel Costs (Item 16) $1,476.22. There is no statutory authority for this cost and defendant fails to show that it was reasonably necessary to conduct the litigation. Only deposition travel costs are recoverable per CCP 1033.5(a)(3)(C). 4) Me...

Excerpt: ...er Van Zandt, 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 before the Judge Pro Tem who will decide the motion with...

Excerpt: ...ond, third, fourth, and fifth causes of action. The Court continued the motion for summary judgment and for adjudication of the first cause of action for negligence. Plaintiff was instructed to present evidence sufficient to demonstrate a triable issue of fact regarding whether the loaned vehicle was negligently maintained. Plaintiff relies exclusively on the police report attached to the declaration of Tom Shin. The police report shows Defendant...

Excerpt: ...Peter Van Zandt, 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 before the Judge Pro Tem who will decide the motion w...

Excerpt: ... is based on the court's review of all the papers, and the referee's recommendation as modified by the court including as to sanctions. Background This action alleges gender discrimination in the workplace. Plaintiff is a transgender female previously employed as a uniformed security officer on Defendant's San Francisco campus. Plaintiff alleges harassment, discrimination, retaliation, and failure to prevent those, all in violation of the FEHA, a...

Excerpt: ...opposing party, it is error to refuse permission to amend." Morgan v. Superior Ct. of Cal. In & For Los Angeles County (1959) 172 Cal.App.2d 527, 530. "[A]bsent a showing of prejudice to the adverse party, the rule of great liberality in allowing amendment of pleadings will prevail." Bd. of Trustees v. Superior Ct. (2007) 149 Cal.App.4th 1154, 1163. Merced fails to show that it would be prejudiced if the motion is granted. Plaintiff's original co...

Excerpt: ...mmunity Development Or, Alternatively, For A Protective Order. Pro Tem Judge Scott Borrowman, 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, t...

Excerpt: ...ogatories, Set One. Pro Tem Judge Scott Borrowman, 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 before the Judge Pr...

Excerpt: ...emurrers are overruled as to the first, second, and fifth causes of action for wrongful death, negligence, and violation of the patient's bill of rights. 2. Defendants' demurrer is overruled as to the third cause of action for abuse/neglect of a dependent adult. The FAC contains specific allegations of abuse and/or neglect sufficient to constitute a cause of action for abuse/neglect of a dependent adult. (FAC, pars. 17‐51, 70‐81.) 3. Defendan...

Excerpt: ...n for summary judgment, or in the alternative, summary adjudication, is granted in its entirety. Plaintiff Johnny Vong is a San Francisco police officer who identifies as an Asian‐ American man of Chinese descent. (UMF 1.) He qualified for the Sergeant promotion round in 2019 but was not ultimately selected. (UMF 3.) Chief William Scott was responsible for the decision not to hire plaintiff. Plaintiff brings a complaint for race discrimination,...

Excerpt: ...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 be signed via fax...

Excerpt: ...enied. Under Privette v. Superior Court (1993) 5 Cal.4th 689 and its progeny, it is assumed that a hirer delegates safety duties to the hired contractor, but a "hirer of an independent contractor can be liable for a workplace injury of the contractor's employee if the hirer retained control over the contractor's work and exercised that control in a way that 'affirmatively contribute[d]' to the employee's workplace injury. [Citation.]" (SeaBright ...

Excerpt: ...(erroneously also sued as "UCSF Center for Reproductive Health and UCS Medical Center) (hereafter "Defendant") motion for summary judgment, or in the alternative, summary adjudication is denied. On a defendant's motion for summary judgment/adjudication, the defendant as moving party bears the initial burden of persuasion that there is no triable material fact as to one or more elements of that claim, or as to a complete defense thereto. (Code of ...

Excerpt: ...ornia 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 before the Judge Pro Tem who will decide the motion with the same authority as a Superior C...

Excerpt: ... Documents; Request For Monetary Sanctions Against Lyft And Attorney Demian Casey: Pro Tem Judge Aaron Minnis, 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 t...

Excerpt: ...ployee improperly watched her put the bag in the box and made copies of the key for it. (Id. at 4:24‐5:26.) "Economic Loss Doctrine." This concept does not apply here because the pled wrongful acts "may constitute both a breach of contract and an invasion of an interest protected by the law of torts." (North American Chemical Co. v. Sup. Ct. (1997) 59 Cal.App.4th 764, 774.) Conversion. Whether the bank's employees substantially deviated from th...

Excerpt: ... the clerk of that Department. The current motion has these issues: " Consent judgment [CJ] 1.4 refers to Alameda county; " It is unclear why the court is presented with two consent judgments when only 1 is offered for signature; " CJ 3.4: How large is the font (in order to evaluate conspicuousness)? A life‐size exemplar may also suffice to demonstrate conspicuousness; " Id. On the web site, the word "Warning" alone is not sufficient, even thou...

Excerpt: ...es To Form Interrogatories Against Defendant Brentwood Blatteis Shnur, Inc. And Request For 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...

Excerpt: ...ding the propriety of summary judgment are to be resolved in favor of the opposing party." (Kulesa v. Castleberry (1996) 47 Cal.App.4th 103, 112.) "The existence of a dangerous condition ordinarily is a question of fact, but the issue may be resolved as a matter of law if reasonable minds can come to only one conclusion." (Zelig v. County of Los Angeles (2002) 27 Cal.4th 1112, 1133.) Defendant fails to meet this heavy burden. In determining wheth...

Excerpt: ...ng 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 to the motion sign th...

Excerpt: ...s failed to disclose key information to her, delaying her awareness of their malpractice to 2021. (See, e.g., FAC 2:14‐3:8; Neel v. Magna, Olney, Levy, Cathcart & Gelfand (1971) 6 Cal.3d 176, 187‐90.) Unclean Hands. Defendants' unpled allegation that plaintiff "intended to violate the tax laws" raises fact issues that cannot be resolved at the pleading stage. General Release. Defendants ask the court to interpret an extrinsic settlement agree...

Excerpt: ...uant To Corporations Code Section 7225; (2) Inspection Of Corporate Books, Record And Documents. Plaintiff John Valdez's petition for (1) appointment of provisional director and (2) inspection of corporate books, records, and documents is granted and denied in part. Plaintiff's petition for appointment of provisional director is denied. "The appointment of a provisional director is 'merely a method of resolving disagreements between directors whe...

Excerpt: ...r‐old night clerk at defendants' SRO hotel, pleads that she was accosted by a guest the night of February 5, 2021. (FAC 3:8‐18.) This culminated in the guest threatening to rape plaintiff, throwing a bottle at her and slapping her. (Id. at 3:16‐18.) "Defendants' knew or should have known" the guest "was a violent individual with a criminal background" yet placed him in the hotel without providing physical barriers or security to protect nig...

Excerpt: ...ms, And Stay Action Complete tentative ruling has been sent to the parties via e‐mail. Defendants Uber Technologies and Russell Tobin and Associates LLC's amended motion to compel arbitration, dismiss representative claims, and stay action is denied. Arbitration agreement Defendants bear the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence. (Correia v. NB Baker Electric, Inc. (2019) 32 Cal.App....

Excerpt: ...e demurs to the second cause of action for "hostile work environment harassment in violation of the FEHA." While not in the high range of hostility or harassment, the FAC's allegations against Harris are adequate for the pleading stage. (Id. at 1:24‐27, 7:11‐10:27, 21:16‐ 22.) This part of the demurrer is overruled. Second, Twitch Interactive, Inc., Amazon.com, Inc. and Amazon Advertising, LLC demur to the fifth and sixth causes of action f...

Excerpt: ...c. 17200 claims and show that Allstate failed to follow established law in issuing settlement checks. Allstate argues as to Nos. 1‐8 and 27‐30, that the requests are overbroad and unduly burdensome. Allstate argues that Nos. 15‐19 invade the privacy rights of insureds and are irrelevant to Allstate's practices for issuing settlement checks. Nos. 1‐7, 27‐30: the discovery as currently drafted is too broad and burdensome. Allstate submitt...

Excerpt: ...g 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 to the motion sign the...

Excerpt: ... 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 to the moti...

Excerpt: ...SER SANCTIONS FOR SPOLIATION OF EVIDENCE BY PLAINTIFF STEPHEN DEUXIER: 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 stipulat...

Excerpt: ...ied as untimely. The statute's filing deadline is "two years after the complaint is filed or not less than nine months before the date the matter is first set for trial, whichever is earlier." (Id.) Here, the matter was first set for trial for October 17, 2022, thus establishing the CCP 425.13 filing deadline as January 22, 2022. The pending motion was not filed until June 6, 2022. After trial was set for October 17, 2022, parties objected and, s...

Excerpt: ... is denied. In this case, approximately one month after Defendants New York Life Insurance Company and NYLIFE Securities, LLC (collectively, "Defendants") moved for summary judgment or in the alternative summary adjudication, Plaintiffs moved to amend the complaint. Defendants oppose this motion on several grounds, including that it is untimely given trial is set to begin in less than two months, and granting leave to amend would prejudice Defend...

Excerpt: ...ative Defense. (Part 1 of 2 tentative ruling) Plaintiff/cross‐defendant Getaround, Inc.'s motion for summary adjudication is denied in its entirety. There is a triable issue of material fact regarding whether the parties entered into the express service agreement. The parties never signed the service agreement. (UMF 4.) Nevertheless, section 14.19 of the agreement provides that it "may" be executed in counterparts. (Leonard Decl., Ex. J [Servic...

Excerpt: ...ehalf of an "Armanino," who/which apparently has no connection to this case. Second, all four grounds simply repeat the language of CCP 430.10(e) with no elucidation. This is inadequate. The Code of Civil Procedure mandates: "A demurrer shall distinctly specify the grounds upon which any of the objections to the complaint are taken. Unless it does so, it may be disregarded." (CCP 430.60.) "Each ground of [a] demurrer must be in a separate paragra...