Excerpt: ...ent Group, LLC, et al.'s motion for sanctions under CCP 128.7 against Loanvest IX, LP, Loanvest XII and Mark Rushin is granted in large part. The first amended complaint is dismissed with prejudice and the Loanvest entities and Mt. Rushin are required to pay $1,270 to Mt. Diablo for the reasonable fees and costs (4 hours of attorney work at $295 per hour plus $90 in costs) it incurred in filing this motion. The first amended complaint and all...

Excerpt: ...intiff Fireman's Fund Insurance Companies' causes of action for express contractual indemnity (the first three causes of action alleged in the two complaints) is granted in its entirety. Fireman's Fund's right to subrogation based on the defendants' alleged failure to comply with their express indemnity obligations in the ADMA and APA was eliminated by QFA's filing for bankruptcy and the release by the plaintiffs in the 95...

Excerpt: ...lly improper. There is no California procedure that permits entry of a stipulated judgment that is not made in conformity with the confession of judgment rules and/or is not amenable to summary enforcement per CCP 664.6. The stipulation for judgment entered into by the parties neither complies with the strict requirements for a valid confession of judgment nor was it entered into in a pending case to fall within the scope of section 664.6. Plaint...

Excerpt: ...ersonal friend and has recommended her as an attorney to several people including to members of his family. However, Judge Kahn believes that he is fair and impartial in this case. Defendants SH Property, Inc. and The Bohan Company, Inc.'s motion for terminating sanctions is denied and their alternate motion for a trial continuance and monetary sanctions is granted. Plaintiff Danielle Paquette's unilateral cancellation of the defense ment...

Excerpt: ...cond amended cross‐complaint filed by cross‐ complainant MBW‐Brotherhood Way, LLC is overruled as to both causes of action. Liberally construed, the second amended cross‐complaint alleges that the phrase "for any reason" in paragraphs 3 and 4 of the MSA should be construed as excluding circumstances that allegedly occurred here where RCS, at the urging of Mr. Comstock, precluded Mr. Hawke from ceasing to work at the Project. State...

Excerpt: ...ertain and/or fails to allege sufficient ultimate facts as to each of the five claims. As to the claims for breach of contract and common counts, it is not clear whether Mr. Krow alleges that he entered into one or more contracts with Mr. Gevertz, as opposed to entering into a contract with an entity such as Fox Ortega Enterprises for which Mr. Gevertz may have worked as an agent and/or an employee. If Mr. Krow alleges that he entered into one or...

Excerpt: ...tions and off calendar as to the prayer for treble damages. Ms. Diamond adequately alleges punitive damages liability against Uber. While gender discrimination in employment may not always or necessarily constitute malice or oppression, depending on the facts found gender discrimination in employment can be sufficient to meet the definitions of malice and/oppression in Civil Code 3294. Liberally construed, the complaint alleges conduct that meets...

Excerpt: ... the fourth cause of action for violation of Civil Code 3344 and overruled as to the fifth cause of action for common law appropriation of name. Mr. McKee does not, nor does it appear that he can, allege that Eastwood used his name and/or contractor's license on or in any product, merchandise or good or for the purpose of advertising, selling or soliciting the purchase of a product, merchandise, good or service, which is required for section ...

Excerpt: ... unconscionability or duress under CACI 332 or 333 to warrant denial of arbitration. Even if defendant violated Business and Professions Code sec. 7159.5(a)(3), that illegal conduct is collateral to the main purpose of the contract and courts will generally sever an offensive clause and enforce the contract. (See Little v. Auto Stiegler, Inc. (2003) 29 Cal.4th 1064, 1074‐1075.) Moreover, the claim of illegality is attenuated because the illegal...

Excerpt: ...he request for punitive damages in the complaint filed by Janine and Michael Zavosky is denied in its entirety. There are triable disputes whether Farmers: a) conducted a reasonable and thorough investigation and complied with its good faith obligations as stated in CACI 2330 and b) acted with malice or oppression as those terms are defined in Civil Code 3294. Farmers' objections to the Painter and Frangiamore declarations are overruled. Any ...

Excerpt: .... The fees sought by Ng Solutions far exceed the reasonable amount of fees for a simple collection action against a pro per defendant who, apart from filing an answer, did not make any real effort to defend this case. The outer limit for the high end of a reasonable range of hours for experienced collection counsel to expend on this case is 40. 40 multiplied by the reasonable hourly rate of $200 yields an award of $8000. Any party who contests a ...

Excerpt: ... costs are taxed: 1) $150 of the filing and motion fees because of an addition error by defendant Scott Smith; 2) All $795.43 of the service of process costs because no explanation is provided why the costs were incurred and it is not apparent why such costs were incurred and/or the costs are not allowed per the costs statute; and 3) All $120 of the court reporter fees because no explanation is provided why the costs were incurred and it is not a...

Excerpt: ... Street Homeowners' Association, Matthias Spanle, Mark Sher, and Pamela Yoon's motion to enforce settlement agreement is granted. The court has jurisdiction to enforce the settlement per CCP 664.6. Defendants shall pay the settlement funds by February 28, 2018. The parties were obligated merely to "explore" in good faith the concept of retaining an independent board. In other words, the parties agreed to study or investigate the p...

Excerpt: ...er compelling plaintiffs' depositions and responses to discovery and for monetary sanctions is denied. Plaintiffs Masha Levinson and Leon Taylor's request for sanctions is also denied. The primary asserted basis for the relief sought in the motion ‐ that plaintiffs lied to the court and defense counsel about the scope of the destruction of their property as a result of the Sonoma County wildfires ‐ lacks merit as previously adjudicate...

Excerpt: ...ay Hospitals' motion for summary judgment and alternative motion for summary adjudication are denied in their entirety. The declaration of Dr. Lorne Label shows that there is a triable dispute whether the acts or omissions of CPMC's nurses, staff and employees were a substantial factor in causing any of plaintiff Kyee Yeo's claimed injuries. Dr. Label's opinion that nothing in Mr. Yeo's medical condition made a tPA administrat...

Excerpt: ...tah Investments, LLC, Ninth Street Lodging, LLC and Lintedge, LLC's demurrer to all four causes of action alleged in the first amended complaint filed by Jonathan Asselin‐Normand is sustained without leave to amend as to all four causes of action. Mr. Asselin‐ Normand fails to allege a viable claim for violation of the Unruh Act. The amended complaint shows that Mr. Asselin‐Norman was perusing hotel options while in Canada. The Unruh Ac...

Excerpt: ...d as to all six causes of action. Mr. Norman allegations that Mr. Strateman unilaterally ceased operations of the company and took its assets for his personal benefit suffice to make Mr. Strateman an interested director per Delaware law. (Rales v. Blasband (Del. 1993) 634 A.2d 927, 936 ("A director is considered interested where he or she will receive a personal financial benefit from a transaction that is not equally shared by the stockholde...

Excerpt: ...cy of this lawsuit is granted. Dr. Artus has shown that she will likely prevail on the merits of her claims that the November 2016 changes to the election rules were not made in compliance with the notice requirements of Civil Code 4360(a) and violate the ballot counting and recovery of fees and costs provisions in Civil Code 5105(a)(5) and (6) and 5145(b). The statement "Simplify the election process" does not substantially comply with t...

Excerpt: ...motion to strike the sole cause of action for conversion in the complaint filed by plaintiff John Hanlin is denied. Defendants failed to satisfy their first prong burden of showing that Mr. Hanlin's claim arises from activity protected by the anti‐SLAPP statute. Mr. Hanlin alleges that defendants converted his BMW by wrongfully taking possession of, denying him access to, assuming ownership of, and selling the BMW. Nowhere in the complaint ...

Excerpt: ...nd to seek punitive damages is granted on the following conditions: 1) Mr. Pankonin must provide code‐compliant verified responses without any objections other than privilege no later than February 6, 2018 to the following deem‐served discovery: a) state all facts that support each of the new allegations and all previously existing allegations against the new defendants; b) identify and provide full contact information for each person who kno...

Excerpt: ...ive motion for summary adjudication is granted as to the eighth cause of action for failure to pay wages upon termination and denied as to other ten causes of action alleged in the first amended complaint filed by plaintiff Gregory Jeloudov. The undisputed facts show that Wells Fargo paid all wages and penalties it owed to Ms. Jeloudov as required by Labor Code 201‐203 and thus Wells Fargo is entitled to summary adjudication in its favor on the...

Excerpt: ...sel per Le Francois v. Goel (2005) 35 Cal. 4th 1094. Mr. Rogers has failed to provide any persuasive reason why he needs the Lees' current address and the Lees have shown that there is at least some risk that their disclosure of their address will needlessly expose them to harassment. The extraordinary manner in which this case has been litigated provides at least some corroboration for the Lees' concerns. Any party who contests a tentati...

Excerpt: ...tate and thus it may not take any action to defend itself in this case, including bringing this motion. Nor has Pioneer 74 Lots provided any admissible evidence that Ms. Yip was not validly served with the summons and second amended complaint on its behalf. Any 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 rul...

Excerpt: ...overriding interest" per CRC 2.550. Plaintiff has not made a sufficient showing that there is an overriding interest or that it is unable to request a default judgment without publicly disclosing truly confidential and business sensitive information. Any 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...

Excerpt: ... mistake. The order was the result of an ex parte application which was heard on or about October 11, 2017 and Mr. Lopez was represented at the hearing by Phil Kilduff. In all events, even if there were any irregularities in the October 23, 2017 order, which there were not, Mr. Lopez suffered no prejudice because he had a full and fair opportunity to respond to the order to show cause initiated by plaintiff John Cowan and appeared and argued agai...