Excerpt: ...he alleged conduct; it is not limited to "creation of a fake account." Second (Penal Code 502): OVERRULED; the statutory language is broad enough to encompass the alleged conduct. The statute defines "data" expansively and Plaintiff may be able to prove he had an ownership interest in, e.g., his login credentials. Third (Invasion of Privacy): OVERRULED; Plaintiff has adequately pled illicit use by Defendants of his logon credentia...

Excerpt: ...ation in the third amended complaint filed by plaintiffs OVERRULED. Plaintiffs are intended third‐party beneficiaries to the contracts entered between Cypress and Department of General Services. Gov't Code ? 19134 requires fair compensation and benefits for individuals such as the plaintiffs. Plaintiffs have alleged sufficient facts for each causes of action at issue. Cypress is inappropriately seeking to have the Court reach the merits of ...

Excerpt: ...tion efforts. Plaintiff Lenny Semis is required to pay $1590 to Mr. Berger. Because plaintiff Lenny Semis's conduct in failing to file a motion to vacate the fees judgment constitutes frivolous conduct per CCP 128.5, Mr. Berger is entitled to the reasonable fees and costs he incurred in bringing this motion. The amount sought by Mr. Berger far exceeds what is reasonable for this very simple motion. The high end of reasonable for this motion i...

Excerpt: ...ge ultimate facts showing corporate employer liability for punitive damages per Civil Code 3294(b). If plaintiffs' discovery or factual investigation reveals such ultimate facts, plaintiffs may file a motion to amend seeking to reinstate their prayer for punitive damages against Sunset Scavenger. 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 a...

Excerpt: ...omplaint alleges that Mr. Fields committed various acts of fraud, yet Mr. Fields did not deny that he committed fraud nor did he provide any evidence showing that he didn't commit fraud. Mr. Fields' evidence focuses on the liability of his former company, rather on his own liability. Mr. Fields' "belief" that "there is no basis" for any of Mr. Wescott's claims does not negate the allegations of fraud against him. A...

Excerpt: ... 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 the same aut...

Excerpt: ...sconduct of defendant Daryl Luppino. Although now quite old as tort precedents go, Fields V. Sanders (1947) 29 Cal. 2d 834 and Pritchard v. Gilbert (1951) 107 Cal. App. 2d 1 have never been overruled or criticized by a published California decision, have been cited approvingly by the California Supreme Court in the "modern era" of tort law (Farmers Insurance Group v. County of Santa Clara (1995) 11 Cal 4th 992, 1005‐6) and are on‐poin...

Excerpt: ...dent. The November 7, 2016 email sent by Ms. Strong's attorney does not constitute a formal institution of arbitration proceedings per Insurance Code 12580.2(i)(1)(C). Insurance Code 12580.2(i)(3) provides that this court, not an arbitrator, decides whether the doctrine of equitable estoppel excuses Ms. Strong's noncompliance with section 12580.2(i)(1). Even considering the facts submitted with the reply papers, Ms. Strong failed to show ...

Excerpt: ...ick Mcnerney As Does 1 And 101 DENIED. Plaintiff fails to present facts to show that it was ignorant of any claims it had against Mr. McNerney at the time the complaint was filed nor does plaintiff identify any ultimate facts showing that Mr. McNerney is the alter ego of any of the builder defendants. While leave to amend is liberally granted, a DOE amendment must be denied if there is an insufficient showing of ignorance per CCP 474 and/or the a...

Excerpt: ...017 entry of its default is denied. The evidence submitted by plaintiff Legal Recovery LLC shows that Pioneer 74 Lots is in suspended status with the Secretary of State 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. Counsel for Legal Recovery i...

Excerpt: ... summary adjudication is granted as to the fourth cause of action for race harassment and denied as to the first through third causes of action for race discrimination. There is a triable dispute whether the termination of plaintiff Leticia Dixon's employment was substantially motivated by discriminatory animus against Ms. Dixon. A reasonable juror could find in favor of Ms. Dixon on her discrimination claims based on: 1) Defendant Kathleen K...

Excerpt: ...engineer exercising discretion and the approval was reasonable. The declaration of the plaintiffs' expert contradicting the reasonableness of the approval is insufficient to defeat immunity. Plaintiffs failed to identify any change in physical conditions after the design approval and before the incident that rendered the design dangerous. Any party who contests a tentative ruling must send an email to [email protected] with a copy to ...

Excerpt: ...ames For Fictitious Names Plaintiff Harleysville Lake States Insurance Company's motion to amend complaint to substitute true names for Does 1‐3 is denied without prejudice to refiling if it can remedy the deficiencies in its motion papers. Harleysville fails to provide any facts, as opposed to conclusions, that support its contention that "Upon recent investigation ? Plaintiff has become aware of the need to amend its Complaint" to...

Excerpt: ...must be deleted: "Eng contends that he holds 70% interest in Lombard Flats, LLC as of July 19, 2015. Eng's interest is contested." The following sentences must be added: "There is considerable doubt and uncertainty regarding the percentage interest, if any, in Lombard Flats, LLC that is held by Eng that is subject to this sale. There have been numerous conflicting or arguably conflicting contentions about this issue that have been...

Excerpt: ...ance With Responses To Request For Production Of Documents, Set One; And Request For Sanctions Against Denise Li Plaintiff Bay City View, LLC's motion to compel defendant Denise Li's compliance with responses to request for production of document set one and request for monetary sanctions is denied in its entirety and Denise Li is awarded sanctions of $540 against Bay City View to be paid by January 31, 2018. The court adopts in full the ...

Excerpt: ...ly permits dismissal of the lawsuit when there has been a showing that there was unreasonable or prejudicial delay by the plaintiff. Ms. Ladin has not shown either unreasonable or prejudicial delay. Plaintiff Bank of the West provided a satisfactory explanation for the delay. 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) o...

Excerpt: ...part and DENIED in part. The motion is GRANTED as to plaintiff Gruen, who signed a release containing an arbitration clause that is broad enough to apply. Gruen is very sophisticated; the circumstances do not indicate fraud in the execution of the release. Gruen's argument that he did not consent to the Google merger does not go to arbitrability. The motion is DENIED as to plaintiff Howard. The arbitration clauses defendants cite from Howard&...

Excerpt: ...ies. (See Jarrow Formulas, Inc. v. LaMarche (2003) 31 Cal.4th 728, 734.) O'Neill therefore is obligated to demonstrate a prima facie case of malicious prosecution to meet his prong two burden. O'Neill must make a showing that is similar to avoiding summary judgment. (See Taus v. Loftus (2007) 40 Cal.4th 683, 714.) The elements of the cause of action are (1) termination in favor of O'Neill; (2) action prosecuted without probable cause;...

Excerpt: ...360's motion to strike is DENIED in its entirety. Causes of action 1 and 2 are not duplicative. Paragraphs 16‐17 of the Third Amended Complaint arguably allege that the mistreatment occurred pre and post‐conviction and judicially noticeable documents do not indisputably demonstrate that the claims are duplicative. Punitive damages are recoverable on a survivorship claim pursuant to CCP 377.34. Paragraph 1 of the Third Amended Complaint al...

Excerpt: ...eviously by the Court, plaintiff is barred from bringing the dangerous condition cause of action because it is based on a completely different factual theory than that alleged in Mr. Ghadieh's government claim. Mr. Ghadieh was required to file an application to amend his initial government claim pursuant to Gov't Code 911.4 after he allegedly learned the accurate location of the accident on or about July 6, 2017 but failed to do so. Even ...

Excerpt: ... 360's demurrer to the Third Amended Complaint is OVERRULED. Judge Dekreon already concluded that there was good cause and genuine ignorance to allow the Doe amendment and the court will not revisit that issue. HealthRIGHT 360's authorities are distinguishable and it fails to show that plaintiff's claims are time barred. Scherzer v. Mark (1976) 64 Cal.App.3d 834 stands for the unremarkable proposition that a plaintiff cannot feign ign...

Excerpt: ...Without Leave To Amend To be heard by Judge Charlene Kiesselbach at 2:00 PM in Department 302. Judge Kiesselbach issues the following tentatuve ruling: Plaintiff's Jamil Bey motion for reconsideration of the order sustaining a demurrer without leave to amend to plaintiffs original complaint is denied and plaintiff Cornejo is ordered to file a an amended complaint removing Mr. Bey from the action. Mr. Bey has not alleged any new facts that wou...

Excerpt: ...Motion And Motion For Reconsideration Of Order Granting Ex Parte Application For Leave To File A First Amended Cross‐Complaint Adding Maxxon As A Dross‐Defendant; Memorandum Of Points And Authorities In Support To be heard by Judge Charlene Kiesselbach at 2pm in department 302. Judge Kiesselbach issues the following tentative ruling: Third Party Cross‐Defendant Defendant Maxxon Corporation's motion for reconsideration of order granting ...

Excerpt: ...Motion And Motion For Reconsideration Of Order Granting Ex Parte Application For Leave To File A First Amended Cross‐Complaint Adding Maxxon As A Dross‐Defendant; Memorandum Of Points And Authorities In Support To be heard by Judge Charlene Kiesselbach at 2pm in department 302. Judge Kiesselbach issues the following tentative ruling: Third Party Cross‐Defendant Defendant Maxxon Corporation's motion for reconsideration of order granting ...

Excerpt: ...endant Defendant Maxxon Corporation's demurrer to cross‐complainant Hoem's first Amended complaint is sutained with 10 days leave to amend as to all casues of action. The First Amended Cross Complaint fails to allege sufficcient facts supporting a cause of action for equaitable indemnity, apportment and constribution and declaratory relief. Hoems is given leave to pled facts with sufficient specificity as to the prdicate tort on which t...