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: ...or the county where the defendants, or some of them, reside at the commencement of the action, is a proper court for the trial of the action." Here, defendant fails to show that defendant Uber Technologies, Inc. does not reside in San Francisco. Defendants' motion to change venue based upon the convenience of witnesses is denied without prejudice as premature since there is no answer on file. (See Easton v. Superior Court (1970 12 Cal.App.3d 243,...

Excerpt: ...ice to the defendant. (See Rainer v. Buena Cmty. Mem'l Hosp. (1971) 18 Cal.App.3d 240, 257‐259.) Indeed, an unexplained delay alone is grounds to deny amendment. (See Record v. Reason (1999) 73 Cal.App.4th 472, 486 ["even if a good amendment is proposed in proper form, unwarranted delay in presenting it may‐of itself‐be a valid reason for denial."].) Here, plaintiff does not convincingly argue that recent discovery compels the amendment. Fi...

Excerpt: ...de pursuant to this article, there shall be excluded the time during which any of the following conditions existed: (a) The defendant was not amenable to the process of the court. (b) The prosecution of the action or proceedings in the action was stayed and the stay affected service. (c) The validity of service was the subject of litigation by the parties. (d) Service, for any other reason, was impossible, impracticable, or futile due to causes b...

Excerpt: ...��DENNY [TRANSFERRED FROM 9:30 CALENDAR]. (Part 1 of 2 for purposes of entry of Tentative Ruling.) Pro Tem Judge David McDonald, 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...

Excerpt: ...FOR POSTING TENTATIVE RULING] (Tentative ruling continued from previous entry.) The trial court may order a terminating sanction for discovery abuse after considering the totality of the circumstances: the conduct of the party to determine if the actions were willful; the detriment to the propounding party; and the number of formal and informal attempts to obtain the discovery." Creed-21 v. City of Wildomar, 18 Cal. App. 5th 690, 701-702 (2017). ...

Excerpt: ...nc. as Fisher dismissed its cross‐complaint as to Alcal Specialty Contracting Inc. on October 24, 2022. C/S Erectors, Inc. lacked standing to oppose this motion since it was not directed towards a C/S Erector pleading. "It is well settled in California ... that the exoneration of a joint tortfeasor from liability does not 'aggrieve' the other individually liable tortfeasor(s) insofar as that word is understood to apply to a party's standing to ...

Excerpt: ...tion. 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 email. If not all parti...

Excerpt: ...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 or consent to sign giv...

Excerpt: ...nts 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 Court Judge. If a party appears by telephone...

Excerpt: ...n or proceeding if either of the following conditions is satisfied: The person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties. (CCP 387(d)(1)(B))." Here,...

Excerpt: ...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 email. If not al...

Excerpt: ...e overruled. First, it matters not that the complaint labels its "first cause of action" "preliminary injunction," as that remedy is also pled in the prayer. (Cmplt. 12:10‐ 13.) Indeed, the court already issued a preliminary injunction in July 2022. Second, CalPERS says the complaint's second cause of action improperly applies to "all CalPERS members." (Memo. 4:17, 10:3.) Actually, the second cause applies only to plaintiff David Parenti ‐ "h...

Excerpt: ...Venue. Defendants' notice of motion and motion to transfer venue to Kern County is granted. Plaintiff shall pay the transfer fees. A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county where the principal place of business of such corporation is situated, subject to the power of the court to change the place of tr...

Excerpt: ... judgment is denied. Defendant's alternative motion for summary adjudication is granted as to the breach of contract claim and denied as to the negligence claim. Defendant's motion for summary judgment on the negligence cause of action is denied. There is a triable issue of material fact whether Ms. Glassmaker acted as plaintiffs' agent to procure the insurance. (Ryan Decl., Ex. B [Rodriguez Depo., 30:9‐11; 31:8‐10]; Ex. D [Rodriguez Decl., p...

Excerpt: ...lable in most negligence cases. But this is more than a negligence case; intentional wrongdoing by attorneys is claimed. (See Smith v. Sup. Ct. (1992) 10 Cal.App.4th 1033, 1040.) For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Se...

Excerpt: ...vor of the opposing party; any doubts regarding 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.) In this case, there is a triable issue of material fact regarding whether the parties amended the underlying loan agreement, which the guaranty is based upon, and whether plaintiff breached the implied covenant of good faith and fair dealing by failing to prov...

Excerpt: ... Motion To Compel Defendant Chieh‐Ping Shens Further Responses To Form Interrogatories, Set One, Number 12.1 And 12.7; Request For Sancts Against Defendant And Her Attorney, Kathryn Klaus, In The Amount Of $1,422. (Part 1 of 2 for purposes of entry of Tentative Ruling.) 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 ...

Excerpt: .... With less of one type, the party urging unconscionability must show more of the other. (See generally, e.g. OTO, L.L.C v. Kho (2019) 8 Cal.5th 111, 130; Davis v. Kozak (2020) 53 Cal.App.5th 897, 905 ("sliding scale").) Here, Plaintiff alleges procedural unconscionability because CFO Dipak Joshi told him that other employees who did not sign the agreement would be terminated. (Heinrich Decl., 4) Plaintiff also alleges that in light of his health...

Excerpt: ...LC, Stiiizy, LLC, And Stiiizy Development, LLC motion to set aside entry of default is granted. The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to ...

Excerpt: ...mended Complaint. Defendant's (MEDIX STAFFING SOLUTIONS, INC.) motion to strike is denied. Defendant urges this court to strike Plaintiff's representative claim under the Private Attorney General Act ("PAGA") in light of the United States Supreme Court's opinion in Viking River Cruises v. Moriana. Specifically, Defendant argues that Plaintiff loses standing to bring a representative PAGA claim after her individual PAGA claim has been separated. T...

Excerpt: ...nt by the preponderance of the evidence." (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972.) In this case, defendant establishes that the parties agreed to arbitrate their dispute when they entered into the 2022 Coinbase User Agreement ("2022 Agreement"). (Jankowski Decl., pars. 11‐15.) The court rejects plaintiff's argument that the 2022 Agreement does not apply to this dispute because it does not apply retroactively and t...

Excerpt: ...he personal property; 2. That Defendant substantially interfered with Plaintiff's property by knowingly or intentionally: taking possession of the of personal property; or preventing Plaintiff from having access to the personal property; or destroying the personal property; or refusing to return the personal property after Plaintiff demanded its return. 3. That Plaintiff did not consent; 4. That Plaintiff was harmed; and 5. That Defendant's condu...

Excerpt: ... REGINA MOSELEY and WELLINGTON BALSLEY'S Motion To Vacate Order Granting Defendants' Motion To Compel Arbitration And Stay Proceeding; Request For Sanctions. Plaintiff's motion to vacate the order compelling arbitration is denied. Plaintiff seeks to vacate the arbitration order and recover sanctions pursuant to CCP 1281.97 et seq. The parties' agreement, however, provides: "The parties agree that the California Code of Civil Procedure shall not g...

Excerpt: ...ails to establish a basis for tolling the 3‐year period. The Judicial Council COVID orders pertain to filing documents, not service. (Opposition, Exs. 1‐3.) Crane v. Dolihite (2021) 70 Cal.App.5th 772 is inapposite as that cause involved an inmate that was prevented from serving a fellow inmate. Plaintiff's argument that defendant was not amenable to service fails. Under Perez v. Smith (1993) 19 Cal.App.4th 1595, 1598, the fact that defendant...

Excerpt: ...O VACATE ARBITRATION AWARD. Talesun Solar USA Ltd.'s ("Talesun") motion to quash is granted. Silverado Power, LLC ("Silverado") fails to show that it duly filed and served the petition to vacate on Talsesun. "A petition to vacate an award or to correct an award shall be served and filed not later than 100 days after the date of the service of a signed copy of the award on the petitioner." (CCP 1288.) CCP 1286.4 provides that: "The court may not v...

Excerpt: ...22, the plaintiff filed a first amended complaint. Plaintiff and defendant SFUSD agreed to set a demurrer and motion to strike the first amended complaint for November 18, 2022. The general rule is that an amended complaint supersedes a prior complaint and a motion directed to the prior complaint is moot. (See State Compensation Ins. Fund v. Superior Court (2010) 184 Cal.App.4th 1124, 1131 ["Because there is but one complaint in a civil action [c...

Excerpt: ...rous condition of public property (Gov't 835) is denied. Defendant fails to maintain its burden of production. (See CCP 437c(p)(2).) "The papers are to be construed strictly against the moving party and liberally in favor of the opposing party; any doubts regarding 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 or...

Excerpt: ... 20‐24 Propounded To Defendant Regents Of The University Of California: 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 sti...

Excerpt: ...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 author...

Excerpt: ...ction is the proper court for the trial of the action." (Id.; Not. 2:3.) Where defendant Flynn himself resides is not clear; his counsel's declaration does not say. It is certain, however, that ‐ as the first amended complaint (FAC) states ‐ defendant Lyft, Inc. resides in San Francisco, which is "its principal place of business." (Id. at 3:3‐5; Michael Dec. Ex. B.) Defendant Fasica Alemayehu is also pled to reside in San Francisco. (FAC 3:...

Excerpt: ...n such an action cannot recover its costs. (See Cruz v. Fusion Buffet, Inc. (2020) 57 Cal.App.5th 221, 241‐242; Earley v. Superior Court (2000) 79 Cal.App.4th 1420, 1429.) The court rejects defendant's argument that Labor Code sec. 1194 does not apply because the court ruled that plaintiff is not an "employee." In Cruz, the court did not allow the prevailing individuals (Chen and Lin) to recover their costs under Labor Code sec. 1194 even thoug...

Excerpt: ...per. Ct. (1989) 213 Cal.App.3d 1045, 1047 [discretion to permit amendments "should be exercised liberally in favor of amendments, for judicial policy favors resolution of all disputed matters in the same lawsuit."].) Plaintiff has been diligent. While plaintiff learned of Mr. Malekar's compensation in May of 2022, plaintiff has been attempting to obtain more detailed information regarding that compensation to no avail. (Roger Decl., par. 16.) The...

Excerpt: ...rbitration agreement at a healthcare facility can bind relatives who present claims arising from the patient's treatment. (Mormile v. Sinclair (1994) 21 Cal.App.4th 1508, 1511‐1516.) Here, Mrs. Covert signed an arbitration agreement which stated she "agree[d] that any and all claims and disputes arising from or related to this Agreement or to [her] residency, care or services" would be resolved by arbitration, and that "[the] arbitration clause...

Excerpt: ...en Hall) motions for summary judgment or alternatively, summary adjudication are granted and denied as follows: Defendants Anguiano and Hall's motions for summary judgment are granted. The only claims asserted against them are the fourth cause of action of disability harassment and the fifth cause of action for age harassment. The only conduct that plaintiff cites is personnel management actions. Unlike slurs, physical threats, etc., such necessa...

Excerpt: ... Garnier bought workers' compensation insurance through Contractors Brokerage Service, a now‐defunct corporation of which cross‐defendants were principals. (Id. at 2:3‐9, 21‐24.) The FACC further pleads that Contractors Brokerage "held itself out as a specialist for contractors," and had a "legal duty to adequately explain the insurance policies it was selling to Garnier." (Id. at 5:4‐8, 18‐23.) No explanation occurred and the state's...

Excerpt: ...s for injury to person or personal property or for death from wrongful act or negligence, the superior court in either the county where the injury occurs or the injury causing death occurs or the county where the defendants, or some of them reside at the commencement of the action, is a proper court for the trial of the action." Since the death occurred in San Francisco, plaintiffs properly venued this case here. The same would be true under CCP ...

Excerpt: ...sts for judicial notice are granted. Defendant first argues that the statutory language of FEHA requires this case to be heard in Siskiyou County. However, Defendant is a corporation with its principal place of business in San Francisco. (P's RJN, Ex. A.) "A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county wher...

Excerpt: ...udication is denied. CCSF's separate statement of undisputed facts does not comply with CRC 3.1350. First, defendant fails to list the evidence supporting the purported undisputed facts in the correct column. (See CRC 3.1350(h).) Second, the alternative motion for summary adjudication does not comply with CRC 3.1350(b)["If made in the alternative, a motion for summary adjudication may make reference to and depend on the same evidence submitted in...

Excerpt: ...tract in a language he may not have completely understood would not bar enforcement of the arbitration agreement. If [Plaintiff] did not speak or understand English sufficiently to comprehend the English Contract, he should have had it read or explained to him." (Ramos v. Westlake Services LLC (2015) 242 Cal.App.4th 674, 687.) "All [Plaintiff] had to do was tell [Defendant] or one of [Defendant's] Spanish‐speaking employees that he cannot read ...

Excerpt: ...r a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the facts constituting the wrongful act or omission." Plaintiff filed this action on July 28, 2021. But by January 31, 2019, when the parties entered into the settlement agreement, plaintiff was on notice o...

Excerpt: ... stay the action due to forum non conveniens" is denied. San Francisco‐based Doordash operates an app‐based meal delivery business that, as its name suggests, counts on its "dasher" meal‐ deliverers to be speedy. (Cmplt. 2:14‐3:14.) The complaint alleges that a dasher in Wisconsin killed a man while driving 75 miles per hour in a 40‐mph zone. (Id. at 3:12‐4:3.) Notably, the dasher is not being sued. Instead, the complaint blames Doord...

Excerpt: ...anted. In this wrongful death case, Mitchell Engineering cross‐claimed against Bradley and DeHaro‐ Rameriz Corporation. On January 5, 2022, Mitchell attorney Whirl signed and filed a voluntary dismissal with prejudice of Mitchell's second amended cross‐complaint. Mitchell's owner and president Curtis Mitchell insists he "never consented or provided any authority, to anyone, including Vanessa Whirl" for the cross‐complaint's dismissal. (7/...

Excerpt: ...NIA, JASON PARK, and M.D.'S Motion In Support Of Motion For Summary Judgment, Or In The Alternative, Summary Adjudication, By Defendants The Regents Of The University Of California, Griffin Sinclair Collins, M.D. And Jason Park, M.D. Defendant's motion for summary judgment or alternatively, summary adjudication is denied. On a summary judgment motion, the court strictly construes the moving party's evidence and liberally construes the opposing ev...

Excerpt: ...enied. CSAA made CCP 998 offers of costs waiver ‐ offers plaintiffs did not accept. Plaintiffs then lost their case to summary judgment, and CSAA filed a costs memorandum. Plaintiffs challenge one element of that memo: $14,790 for two experts ‐ in insurance bad faith and attorney standard of care. Plaintiffs' arguments are unavailing. First, plaintiffs say the CCP 998 offers were "a token or bad faith offer," but fail to carry their burden wi...

Excerpt: ...rson, Bradley & Feeney And Any Of Its Attorneys Including Timothy J. Halloran, John P. Girarde And Michael D. Saenz From Representing Any Of The Following Defendants. Plaintiff's motion to disqualify The Law Firm of Murphy, Pearson, Bradley & Feeney and any of its attorneys, is denied. First, the motion is moot since the court granted the law firm's anti‐SLAPP motion. Second, even if that motion were not granted, the motion is premature since t...

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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ... 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...

Excerpt: ...otion For Order Declaring William Mora A Vexatious Litigant, Request For Prefiling Order, And To Furnish Security. The matter is transferred to be heard in department 303 before Judge Bolanos on July 13, 2022 at 9:30 a.m. Judge Bolanos issues the following tentative ruling: Plaintiff's motion for reconsideration is denied. First, plaintiff asks this court to exercise its inherent discretion to reconsider its prior order and the court denies that ...

Excerpt: ... default entered on December 2, 2020 is denied. After the defaults were entered, the parties entered into a settlement agreement. (Abramov Decl., Ex. D.) Section 9 of the agreement provides: 9. MUTUAL RELEASE OF ALL CLAIMS. In consideration for their faithful performance of the terms of this Settlement Agreement, the parties, for themselves, their successors, assigns, and, do hereby relinquish, waive, release, acquit and forever discharge each ot...

Excerpt: ...Catalanotti, 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: ... to compel arbitration and consolidation is denied without prejudice. First, plaintiff has not properly named or served James River Insurance Co. in this action. The court therefore lacks jurisdiction to grant the requested relief. Second, even if the court rules that James River's opposition qualifies as a general appearance, plaintiff fails to demonstrate that it currently has a right to compel arbitration. The James River insurance policy has ...

Excerpt: ...t on plaintiff after a Yellow Cab ride piloted by Wudue. The case is on for trial August 29, 2022. In setting that date, our presiding judge ordered: "All pre‐trial and discovery related deadlines to track the prior May 16, 2022 trial date. No further continuances." CCP 474 permits Doe defendants "[w]hen the plaintiff is ignorant of the name of a defendant." (Id.) In our court, where hundreds of Does are named annually, an attorney fills out a ...