Excerpt: ...Attorney Timothy Silverman For Disobeying Two Court Orders To Provide Discovery Before the court is Plaintiff Ranier Mejia's Motion For Evidentiary And Monetary Sanctions Against Defendant CFAM Financial Services, LLC And Attorney Timothy Silverman For Disobeying Two Court Orders To Provide Discovery. The court adopts Judge Pro Tem William Lynn's report and recommendation in full. Thus, the court grants the motion for evidentiary sanctions and en...

Excerpt: ...enied without prejudice. The proposed amendments would prejudice defendants at this stage and are untimely with the case in its current procedural posture. (Record v. Reason (1999) 73 Cal.App.4th 472, 485-487.) Throughout the litigation, the parties acted as if Plaintiff was an exempt employee. The proposed amendments seek to change the tenor of the case, treating Plaintiff as non- exempt and treating her employment as governed by a different set...

Excerpt: ...is denied without prejudice. Key factors in an analysis under Tech-Bilt, Inc. v. Woodward- Clyde & Associates (1985) 38 Cal.3d 488 are "a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability" and "the financial conditions and insurance policy limits of settling defendants." (ld. at 499.) However, beyond a little unsupported and imprecise hyperbole, this crucial information has not been provided to the court....

Excerpt: ...ation and (3) unfair competition. Defendants argue that plaintiffs view of the bonus is contrary to an "offer letter" referred to in the complaint, and thus the first and third counts are barred. However, the offer letter is not attached to the complaint as an exhibit, nor does the complaint plead all the offer's principal terms. Thus, defendants' demurrer improperly relies on unpled extrinsic matter. (Blank v. Kirwan (1985) 39 cal.3d 311, 318.) ...

Excerpt: ...Wednesday, December 20, 2023, line 10. Plaintiffs "motion to dismiss defendants Mike Smith and Linda Galijan's appeal of the order, decision, or award [OADI of the labor commissioner for failure to post undertaking mandated by Labor Code 98.2(b)" is denied. Plaintiff claimed unpaid employment by the San Francisco Zen Center, of which Smith and Galijan were managers. The September 6, 2022 OAD found for plaintiff in the amount of $149,177.15 agains...

Excerpt: ...t is "CCP 664.6 enforceable." (Harker Decl., Ex. A.) he terms of the parties' Long-Form Release, confidentiality, and non-disparagement agreements are sufficiently definite to be enforced. After entering into their initial settlement, they agreed on the terms of those covenants. (Harker Reply Decl„ pars. 6-12.) This motion, however, is premature. The settlement provides that payment is due "within 30 days of fully-executed agreement & W9." The ...

Excerpt: ...plaint's allegations must be accepted as true on demurrer. (Memo. 9:15-17; Del E. Webb v. Structural Materials Corp. (1981) 123 Cal.App.3d 593, 604.) Moreover, where, as here, a contract is attached to the complaint, plaintiff's interpretation of it must be accepted as correct on demurrer. (Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 239.) The complaint adequately pleads breach of fiduciary duty against Gupta. (I...

Excerpt: ... under the elder abuse statute (Welfare & Institutions Code ("W&I") section 15657) must show physical abuse or neglect. W&I 15610.57 defines "neglect" and notes that it applies to persons "having the care or custody of an elder." In Winn v. Pioneer Medical Group, Inc. (2016) 63 Cal.4th 148, 158, the court explains that the neglect definition contemplates "the existence of a robust caretaking or custodial relationship-that is, a relationship where...

Excerpt: ...of James Zehnder, M.D. demonstrates that defendant did not breach its duty of care or cause decedent's death. When a defendant mcwes for summary judgment and supports its motion with an expert declaration that its conduct fell within the standard of care, the defendant is entitled to summary judgment unless the plaintiff comes forward with conflicting expert evidence. (See Munro v. Regents of the University of California (1989) 215 Cal.App.3d 977...

Excerpt: ...acts sufficient to state a cause of acton upon which relief can be granted. (See Code Civ. Proc., 430.10, subd. (e).) Indeed, the complaint includes no discernible facts and the court is unable to discern cognizable facts from the attachments, many of which are in Spanish unaccompanied by any translation. Additionally, the complaint is uncertain in that it is ambiguous and unintelligible as submitted. (See Code Civ. Proc„ 430.10, subd. Further,...

Excerpt: ...al Act (PAGA) acton. It involves employees in one department at a Dignity Health hospital in Stockton. (SAC 5:16-19.) Plaintiff pleads that she and her cohort were ordered to work remotely starting with the Covid-19 pandemic, but have not been fully reimbursed for their internet and cellphone expenses. (ld. at 3:9-5:10.) Defendants argue that this action should be abated or stayed because it is duplicative of an earlier-filed PAGA action in Los A...

Excerpt: ...ents 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 moton 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...

Excerpt: ...tach Order. Plaintiffs application for a writ of attachment is denied. Pretrial attachment is a harsh and disfavored remedy, so the requirements for issuance are strictly construed against the applicant, which bears the burden of proving every element. (CCP 484.090(a); Martin v. Aboyan (1983) 148 cal.App.3d 826, 831; Loeb & Loeb v. Beverly Glen Music, Inc. (1985) 186 cal.App.3d 1110, 1116; Pos-A-Tracton, Inc. v. Kelly-springfield Tire co. (C.D. c...

Excerpt: ...assigned to hear this motion. Prior to the hearing all parties to the moton 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 ...

Excerpt: ...the suit commenced. (See Cal. Corp. Code sec. 800; Grossetv. Wenaas (2008) 42 Cal.4th 1100, 1119 [plaintiff brining derivative suit must maintain shareholder status throughout pendency of litigation].) Here, Ostrovsky has alleged she was a shareholder "at all relevant times [when] the transactons and occurrences set forth herein occurred." (Compl. Para. 27.) Drawing reasonable inferences from the pleadings, Ostrovsky has adequately pled she was a...

Excerpt: ...he California Department of Insurance and the Commissioner of the California Department of Insurance and, on the other hand, the contract and bad faith claims against Standard Insurance Company. Nor does the record show a basis for permissive joinder. The fourth cause of achon for writ of mandamus against the California Department of Insurance and the Commissioner of the California Department of Insurance is ordered severed from the other claims ...

Excerpt: ...nd To Increase Damages Claim Based On Subsequently Incurred Damages. Plaintiff Acme Integrated Services, Inc. 's motion for leave to amend its complaint is GRANTED. Defendant Top Line Engineers, Inc. ('ITLE") was the prime contractor to a public works project at the Bayshore CalTrain Staton. TLE subcontracted with ACME to provde scaffolding for the site. In February 2023, ACME began filing stop job notices with the public agency owner claiming TL...

Excerpt: ... (2006) 136 Cal.App.4th 604, 617 [denying discovery requestl.) Defendant fails to establish good cause for the discovery request. Perry denies the sexual assault charges and therefore, can establish falsity to support the defamation claims without information from Rogers. Perry is also privy to a text where Rogers allegedly stated that she "hates" Perry. (Moving points and authorities ("MP&A"), 2:11-12; Rogers Decl., Ex. A (10/26/23).) Conducting...

Excerpt: ...717 prevailing party is denied. In this construction defect action, plaintiff won a motion to compel arbitration in San Francisco of its dispute with Winco Window Co. Winco's simultaneous moton to compel arbitration in Missouri was declared moot. Plaintiff now seeks attorney fees for the two motions. The opinion plaintiffs memorandum primarily relies on - Otay River Constructors v. San Diego Expressway (2008) 158 Cal.App.4th 796 - is inapposite. ...

Excerpt: ...ees and costs is denied. (CCP 396b(b).) CCP 395(b) applies to "an achon arising from an offer or provision of goods, services, loans or extensions of credit intended primarily for personal, family or household use " The case shall be venued in "the superior court in the county where the buyer or lessee in fact signed the contract, where the buyer or lessee resided at the time the contract was entered into, or where the buyer or lessee resides at ...

Excerpt: ...actor Mountain Bay and developer WVN cross-complained against subcontractors including FSAC which installed fire alarm systems at the property. (Mot. 6:8-9; Terani Decl. Para. 3.) FSAC now demurs to the cross-complaint on ground the cross-complaint fails to state facts sufficient to constitute causes of action against for (1) express indemnity; (2) implied indemnity; (3) equitable indemnity; (4) breach of contract; and (5) negligence. The cross-c...

Excerpt: ...ult is denied. Defendant fails to show that plaintiffs service of the summons and complaint in May of 2023 was defective and the subsequent default is void. (CCP 473(d).) The Ko declaration does not clearly disclose where she resided at the time of the service. Moreover, defendant's other court filings suggest that she resided in Sunnyvale, California at the time of the service. Defendant fails to meet her burden for relief under CCP 473(b) and C...

Excerpt: ...ult is denied. Defendant fails to show that plaintiffs service of the summons and complaint in May of 2023 was defective and the subsequent default is void. (CCP 473(d).) The Ko declaration does not clearly disclose where she resided at the time of the service. Moreover, defendant's other court filings suggest that she resided in Sunnyvale, California at the time of the service. Defendant fails to meet her burden for relief under CCP 473(b) and C...

Excerpt: ...For Order Barring Him From Being Called As A Witness (Tentative Ruling Part 1 of 2) Pro Tem Judge Robert Kane, 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 heard by the Pro Tem Judge. If all parties to the motion sign the ...

Excerpt: ...rrogatories General And Request For $3750 In Monetary Sanctions Against Blue Note Therapeutics And Its Counsel, Gordon Rees Scully Mansukhani (Tentative Ruling part 1 of 2) Pro Tem Judge Robert Kane, 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 agreei...