Excerpt: ...lliam Redmond's motion for summary judgment is granted. Defendants' motion is granted as to Plaintiff Mohan Sivasankar's first cause of action for intentional misrepresentation. Plaintiff fails to create a triable issue of material fact as to whether anyone made an intentionally false misrepresentation to him. Plaintiff contends that before he signed the CBN employment agreement, human resources representative Colleen Moran made two misrepresenta...

Excerpt: ...equirements 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 t...

Excerpt: ...f to prove effective service. (Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1439‐40.) A process server claims she personally served Zazai in Oakland on December 16, 2021, but Zazai declares under penalty of perjury that he was in Afghanistan at the time, which is supported by his airline tickets and passport. (Zazai Decl. 4‐8.) Plaintiff alternatively now claims "substituted service" ‐ apparently on a roommate ‐ under CCP...

Excerpt: ...ier). Defendants argue that the $142,060 lodestar is unreasonable and that a multiplier is unwarranted. I disagree on both counts. Based on my 36 years of experience with appellate work in the San Francisco Bay Area, $142,060 for taking a case of this magnitude through appeal is reasonable. (Serrano v. Priest (1977) 20 Cal.3d 25, 49.) Defendants' only specific complaint is "duplicated efforts," because more than one plaintiff attorney strategized...

Excerpt: ...ruled. Liberty's demurrer is overruled as to Bryant Street's fourth cause of action for "breach of contractual duty to pay a covered insurance claim." The cross-complaint alleges the existence of a valid contract, breach of that contract by Liberty, and resulting damages to Bryant Street. The reservation of rights letter does not contradict Bryant Street's allegation that Liberty improperly withheld payment for construction delays allegedly cause...

Excerpt: ...ublic Works Code imposes a duty on the moving parties to "maintain in good repair and condition" the area where plaintiff Patricia Umanzor allegedly sustained injuries for which cross‐ complainant City and County of San Francico seeks indemnity from the moving parties. Section 706 also provides for a cause of action against adjacent property owners for their failure to maintain the sidewalks and sidewalk areas as well as a cause of action to th...

Excerpt: ...dge 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 stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion...

Excerpt: ...tion to sever or bifurcate the issue of duty is denied without prejudice to re‐raising the motion with the trial judge. The trial judge is in the best position to determine whether and, if so, how the trial should be divided into phases. Moreover, the relief sought by PG&E is not clear and arguably did not provide adequate notice to plaintiff Robert Lambing to enable him to meaningfully oppose the motion. In its notice of motion and initial mem...

Excerpt: ...f action for failure to engage in the interactive process, and the fourth cause of action for failure to accommodate and granted as to the second cause of action for retaliation and the fifth cause of action for failure to prevent harassment and discrimination. Liberally construed, the declaration of Dr. Marvin Pietruszka provides sufficient admissible evidence to create a triable disputes on the discrimination and failure to accommodate claims. ...

Excerpt: ...pany's motion for summary judgment is denied and its alternate motion for summary adjudication is granted as to the third cause of action in the complaint for statutory elder abuse (issue 3 in the notice of motion) and denied as to all other issues sought to be summarily adjudicated (issues 1-2 and 4-5 in the notice of motion). There are disputed issues of fact precluding entry of judgment in favor of First American as to whether First American o...

Excerpt: ...e to in a proposed order that he submits to the court on this motion. Those conditions are: 1) no later than March 25, 2022 Mr. Forman must provide verified responses to deem‐served discovery requesting: a) all facts in support of the new claims; b) the names and contact information for each person with knowledge of those facts and specification of which facts each person knows; and c) identification of all documents reflecting those facts and,...

Excerpt: ... alternative motion to stay. Relying on Montrose Chemical Corp. v. Superior Court (1993) 6 Cal. 4th 287 and its progeny, Herrick makes essentially identical arguments on its demurrer as it does on its motion to stay. However, Montrose states that the remedy for a conflict between the interests of an insurer and insured with respect to coverage and underlying actions is a stay, not the sustaining of a demurrer. Thus, Herrick's arguments based on M...

Excerpt: ...the arbitration shall be "commenced under the auspices of JAMS in San Francisco, California, and following said organization's Commercial Arbitration Rules." Pursuant to Evidence Code sec. 452(h), the court takes judicial notice of the JAMS rules as a matter not reasonably subject to dispute. JAMS revised its arbitration rules effective June 1, 2021, and it presently does not have "Commercial Arbitration Rules." JAMS' "Comprehensive Arbitration R...

Excerpt: ...s that (1) the Fourth Cause of Action does not state facts sufficient to constitute a cause of action" and "(2) the First and Second Causes of Action were previously dismissed without leave to amend, which dismissal was affirmed by the Court of Appeal " (Dmr. 1:28‐2:5,) Plaintiffs "agree that the Court may dismiss" the SAC's first and second "causes of action." (Opp. 9:18‐20.) It is so ordered. While their SAC labels a "Fourth Cause of Action...

Excerpt: ...eter Vestal, 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 the motion may be heard by the Pro Tem. If all parties to the motion sign the stipulation, the hearing will proceed before the Pro Tem who will decide the motion with the same authorit...

Excerpt: ... 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 Supe...

Excerpt: ...in its initial burden of production. (See CCP 437c(p)(2).) In this products liability action, plaintiffs allege among other things that defendant defectively manufactured or designed the electric skateboard that caused plaintiffs' injuries. (See, e.g., Complaint, pars. 9-11, 16.) Defendant contends that the doctrine of primary assumption of the risk bars plaintiffs' causes of action. "In cases involving 'primary assumption of risk' - where, by vi...

Excerpt: ... is granted. Dr. Pierce shall appear at a third session of his deposition. (1) In response to deposition questions, Defense Counsel will make only good faith objections in a non-suggestive manner and (2) Defense Counsel will not make speaking objections or otherwise comment on the pending question unless Plaintiff's Counsel asks for clarification of the objection. Although not every objection of Dr. Pierce's counsel was improper, he made multiple...

Excerpt: ...S Memorandum Of Costs. Plaintiff's motion to tax costs is denied in its entirety. "If the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs to show that they were not reasonable or necessary. On the other hand, if the items are properly objected to, they are put in issue and the burden of proof is on the party claiming them as costs." (Ladas v. California State Auto. Assn. (1993) 19 Cal.Ap...

Excerpt: ...torney General Act. All claims have now been litigated through the discovery cutoff; the trial date is April 4, 2022. Defendants never sought to arbitrate any of the claims and thus waived arbitration. (See Guess?, Inc. v. Sup. Ct. (2000) 79 Cal.App.4th 553, 557.) Defendants say a U.S. Supreme Court case expected to be decided in June 2022 might allow arbitration of the PAGA claims, but an April trial of this case should moot any such result even...

Excerpt: ...ompany II and Walsh Construction Group, LLC) motion for judgment on the pleadings is denied. The grounds for a motion for judgment on the pleadings "shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice [or] a matter of which the court may take judicial notice pursuant to Section 452 or 453 of the Evidence Code." (Cal. Code Civ. Proc. sec. 438(d).) Defendants' motion is based...

Excerpt: ...es of entry of Tentative Ruling). For the 9:00 a.m. Discovery calendar, all attorneys and parties are required to appear remotely. Hearings will be conducted by videoconference using Zoom. To appear at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link (DISCOVERY, DEPT 301 @ 9:00AM), or dial the corresponding phone number. Any party who contests...

Excerpt: ...diction has exclusive and continuing jurisdiction over the subject matter and all parties involved until such time as all necessarily related matters have been resolved. (Citations omitted).") (Plant Insulation Co. v. Fibreboard Corp (1990) 224 Cal.App.3d 781, 786‐787.) The accident that forms the basis of this action is already being litigated in Toy v. Chiu, et al., San Francisco Superior Court Case No. CGC‐20‐585780 ("Toy Action").) Toy'...

Excerpt: ...fendants' demurrer is sustained with leave to amend as to Plaintiff's fourth cause of action for retaliation under the Fair Employment and Housing Act ("FEHA"). To make a prima facie case for retaliation, a plaintiff "must show (1) he or she engaged in a 'protected activity,' (2) the employer subjected the employee to an adverse employment action, and (3) a causal link existed between the protected activity and the employer's action." (Yanowitz v...

Excerpt: ...requisite particularity. (See Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 619.) The court liberally reads the complaint pursuant to CCP 452. Reading the complaint as a whole, plaintiff sufficiently alleges an unlawful business practice based upon the violation of Penal Code sec. 502. Plaintiff also sufficiently alleges an "unfair" business practice. Plaintiff's bid sabotage allegations clearly allege anti‐ competitive conduc...

Excerpt: ... stage of the proceeding. (See Honig v. Financial Services of America (1995) 6 Cal.App.4th 960, 965.) Plaintiff's supporting declaration substantially complies with CRC 3.1324(b) and provides good cause of the amendment. (See Gomerman Decl.) Plaintiff recently discovered that defendant purchased a 2‐liter boot of beer on the day of the accident and contends that he consumed so much of this "glass of beer" so as to become intoxicated. Based upon...

Excerpt: ...y arbitrating the instant indemnity dispute and there is no purpose for two forums to address the issue. (Troughton Decl., Exs. J‐L [demand for arbitration and answer].) "The purpose of the statutory stay [required pursuant to section 1281.4] is to protect the jurisdiction of the arbitrator by preserving the status quo until arbitration is resolved. [Citations.] [] In the absence of a stay, the continuation of the proceedings in the trial court...

Excerpt: ...n for summary judgment or, in the alternative, summary adjudication, is granted. Once a moving party meets its initial burden, the burden shifts to the "plaintiff" or "cross‐ complainant" to show that a triable issue of fact exists. (Cal. Code Civ. Proc. sec. 437(p)(2).) Plaintiff Rebecca Michaels filed a notice of non‐opposition to the Regents' motion. The City and County of San Francisco ("CCSF") is neither a plaintiff nor a cross‐defenda...

Excerpt: ...Arbitration As To Defendant Yunji Willa Qian. Plaintiff's motion for an order to show cause is denied. Plaintiff says a party to an arbitration is violating a JAMS rule that each party pay a pro rata share of JAMS fees and expenses. "It is the job of the arbitrator, not the court, to resolve all questions needed to resolve the controversy." (Optimal Markets, Inc. v. Salant (2013) 221 Cal.App.4th 912, 924.) As stated in this court's order sending ...

Excerpt: ...ries Request For Production Of Documents And For Sanctions (Part 1 of 2 for purposes of entry of Tentative Ruling). 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....

Excerpt: ...A's motion for charging order, accounting, assignment order, and temporary restraining order is granted and denied in part. Plaintiffs' motion for a charging order is denied. California Code of Civil Procedure section 708.310 provides, "[i]f a money judgment is rendered against a partner or member but not against the partnership or limited liability company, the judgment debtor's interest in the partnership or limited liability company may be app...

Excerpt: ...ey fees is granted in part. Defendants do not dispute that an award is due, but say the claimed amount is unreasonable. Rates. Plaintiff's counsel's hourly rates are high for what plaintiff itself has described as a straightforward breach of contract case. On the other hand, the judgment was $10.5 million and defense counsel does not reveal his own hourly rate or suggest what rates should be awarded. Based on 36 years' experience with legal rates...

Excerpt: ...main after confidential settlement and/or in the alternative seal portions of the court record on privacy" is denied. When plaintiff filed this suit 32 months ago, he considered using a pseudonym but elected not to, hoping his true name would cause others to "come forward with similar claims." (Mot. 5:1‐ 4.) As request by the parties, the court entered a protective order that permitted confidentiality designations. (Id. at 5:8‐10.) As plainti...

Excerpt: ...or serious and imminent threat to a protected competing interest; (2) the order is narrowly tailored to protect that interest; and (3) no less restrictive alternatives are available." (Hurvitz v. Hoefflin (2000) 84 Cal.App.4th 1232, 1241‐1242.) Here, plaintiff fails to meet that heavy burden. Plaintiff's right to privacy does not justify the prior restraint. "[S]paring citizens from embarrassment, shame, or even intrusions into their privacy ha...

Excerpt: ... ("TDC's") motion to consolidate case CGC-21-596626 with case CGC-21-595201 is granted. The cases involve common questions of law and fact. (Cal. Code Civ. Proc. Code sec. 1048(a).) Both actions will require resolution of common issues such as: which LLC agreement governs the parties' relationship; whether Malekar's execution of an LLC agreement that eliminated TDC's rights constituted a breach of his contractual and/or fiduciary duties to TDC; w...

Excerpt: ...er is overruled. The word "unknown" appears nowhere in the statute and the "reasonable cause to believe" is the employee's. (Dem. 2:25; Lab. Code 1102.5.) The FAC pled violations of specific laws. (FAC 4:16‐18.) Defendants' notion that a heightened pleading standard exists is unsupported by the summary judgment case they cite. (Dem. 2:25‐28.) Count 5: Plaintiff agrees to dismiss this cause of action, so the demurrer is moot. Effective Monday,...

Excerpt: ...amend. 1 & 3: The complaint fails to adequately identify the contractual provisions and/or material terms under which defendants were obligated. (Performance Plastering v. Richmond American Homes of Cal., Inc. (2007) 153 Cal. App. 4th 659, 671.) 4: The complaint fails to adequately plead facts that do not merely duplicate the breach of contract cause of action. (Careau & Co. v. Security Pacific Business Credit (1990) 222 Cal.App.3d 1371, 1392‐1...

Excerpt: ...intiff's amended complaint. "[M]aterial facts alleged in the complaint are treated as true for the purpose of ruling on the demurrer." (C&H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) In addition, "[a] demurrer does not lie to a portion of a cause of action." (PH II, Inc. v. Superior Court (1995) 33 Cal.App.4th 1680, 1682.) The court grants defendants' request for judicial notice of the official government filings. (Evidence...

Excerpt: ...ts 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 Court Judge. If a party ...

Excerpt: ...son's first amended complaint ("FAC"). Plaintiff's third cause of action for trade libel, fourth cause of action for intentional interference with prospective economic advantage, and fifth cause of action for defamation fall squarely within the litigation privilege set forth in Civil Code section 47(b). Section 47(b) protects "any communication (1) made in judicial or quasi‐judicial proceedings; (2) by litigants or other participants authorized...

Excerpt: ...dant Embroker Insurance Services LLC To Provide Further Responses To Demand For Inspection And To Produce Documents; Request For Sanctions. Pro Tem 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 ...

Excerpt: ...failed to file their present motion to transfer but filed an answer to the First Amended Complaint on November 12, 2021 and served discovery this motion to transfer venue is untimely. However, Defendants acted with reasonable diligence in bringing their motion to transfer venue, which was filed December 14, 2021. (See Walt Disney Parks & Resorts U.S., Inc. v. Sup. Crt. (2021) 21 Cal.App.5th 872, 876-878 [motion to change venue not necessarily unt...

Excerpt: ...n was made before, when and to what judge, what order decisions were made, and what new or different facts, circumstances or law are claimed to be shown." Here, defendant does not comply with this provision as the Rutherford declaration does not sufficiently explain why Retired Justice Ruvolo's (referee) order, which is apparently the new fact, should alter the status quo. The referee merely ruled that he did not have jurisdiction to resolve the ...

Excerpt: ...IEL EVERETT Motion For Reconsideration Of Judgment Dismissing Proceedings As To State Bar Of California And Mayte Diaz And Served On Defendant On November 22, 2021 (Ccp 1008 & Ccp 1012 (A); Time To Move For Reconsideration Is 10 Days From Service Of Order Or Judgment And Additional 5 Days If Service By Us Mail) This motion will be heard by Judge Schulman in Dept. 302 at 1:30 p.m. Plaintiff Daniel Everett's motion for reconsideration is denied. By...

Excerpt: ... demurrer to the Third Amended Complaint ("TAC") is sustained in part and overruled in part. Defendants' request for judicial notice is granted in part. Defendants' demurrer on the basis of Corporations Code section 17707.07(a)(2)(B) is sustained without leave to amend. Corp. Code Sec. 17707.07(a)(2)(B) provides in relevant part: "(2) Except as set forth in subdivision (c), all causes of action against a member of a dissolved limited liability co...

Excerpt: ...dure section 473(b), a "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." "It is the policy of the law to favor, whenever possible, a hearing on the merits Therefore, when a party in default moves promptly to seek relief, very slight evidence is requir...

Excerpt: ...laint. (See CCP Sec. 418.10(e) [defendant or cross-defendant may move to quash].) The party opposing a motion to quash has the burden to establish the basis for jurisdiction. (See DVI, Inc. v. Superior Court (2002) 104 Cal.App.4th 1080, 1090.) Here, Le fails to demonstrate that Sandoval was personally served in compliance with CCP Sec. 415.10. Sandoval denies such service, at least on October 7, 2021. (Sandoval Decl., pars. 1-7.) In addition, Le ...

Excerpt: ...mages is denied. Defendants fail to maintain their burden of production. (See CCP 437c(p)(2).) "In the usual case, the question of whether the defendant's conduct will support an award of punitive damages is for the trier of fact [S]ummary judgment 'on the issue of punitive damages is proper' only 'when no reasonable jury could find the plaintiff's evidence to be clear and convincing proof of malice, fraud or oppression.'" (Johnson & Johnson v. S...

Excerpt: ...nnis, 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 sam...

Excerpt: ... 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 the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the moti...

Excerpt: ...t a proposed California law on their pro‐life website. Plaintiff sued in this court for defamation, false light and negligence. As the parties agree, California "allows the exercise of personal jurisdiction to the fullest extent permissible under the U.S. Constitution." (Memo. 4:6‐7.) The parties also agree that California's three‐part test for specific jurisdiction applies. (Pavlovich v. Sup. Ct. (2002) 29 Cal.4th 262, 269.) Defendants con...

Excerpt: ... instead examine the principal thrust or gravamen of a plaintiff's cause of action." (Hylton v. Frank E. Rogozienski, Inc. (2009) 177 Cal.App.4th 1264, 1272 (internal quotations and citations omitted).) "If the core injury-producing conduct upon which the plaintiff's claim is premised does not rest on protected speech or petitioning activity, collateral or incidental allusions to protected activity will not trigger application of the anti-SLAPP s...

Excerpt: ...ings of lead in lead crystal, this court ordered a Proposition 65 consent judgment with extensive provisions. That 2001 judgment in Mangini v. Action Industries, Inc. had 100+ settling defendants, not including Fiskars. The injunctive relief provided by the Mangini judgment is "continuing" and "modification" of that judgment in the future is authorized. (Id. at 4:13, 15:24‐27 see also 14:14‐15 ("claims which may arise").) This "modification" ...

Excerpt: ...ntative Ruling Purpose Only, Part 2 Of 2) Defendant fails to shift the burden on the failure to prevent claim since plaintiff may be able to establish the underlying claims. (See Carter v. Cal. Dept. of Veterans Affairs (2006) 38 Cal.4th 914, 925, fn. 4 ["courts have required a finding of actual discrimination or harassment under FEHA before a plaintiff may prevail under section 12940, subdivision (k)"]; Trujillo v. N. County Transit Dist. (1998)...

Excerpt: ...udication of the following issues: "1. Zurich, Allianz, and ICW had a duty to defend Plaintiffs against the DuBois Counterclaim in the Underlying Action. 2. Zurich, Allianz, and ICW's duty to defend Plaintiffs against the DuBois Counterclaim in the Underlying Action encompassed a duty to pay for independent, or Cumis, counsel." Plaintiffs fail to cite competent evidence that they tendered the DuBois Counterclaim to ICW. At undisputed facts 34‐3...

Excerpt: ...on defendants' enforcement of the challenged provisions of the TAJP through individual judicial assignments, rather on their promulgation of the 1,320‐day service cap? 2. Does the SAC contain sufficient allegations of individualized appointment decisions impacting specific, individual TAJP applicants? Is it sufficient to allege that Plaintiffs failed to receive assignments of the same nature and substance they had received in their prior servic...

Excerpt: ...eral Act ("PAGA") claim "is not a dispute between an employer and an employee arising out of their contractual relationship." (Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 386.) "Because a PAGA claim is representative and does not belong to an employee individually, an employer should not be able [to] dictate how and where the representative action proceeds." (Jarboe v. Hanlees Auto Group (2020) 53 Cal.App.5th 539, 557; ...

Excerpt: ... prevent discrimination and harassment): Plaintiff adequately pled that complained of conduct was related to her sex and that it altered terms and conditions of her employment. (See, e.g., Cmplt. 5:14‐18, 8:1‐3, 10:20‐21, 13:8‐9.) Demurrer overruled. 5 (retaliation for engaging in a protected activity): Plaintiff adequately pled, inter alia, that she was retaliated against for raising safety concerns at the nuclear power plant where she w...

Excerpt: ...ational of California's (collectively Magellan) summary judgment motion is granted. First, pro per plaintiff Bruce Thomas failed to oppose Magellan's separate statement, file his own separate statement, or identify any factual dispute material to any issue in Magellan's motion. In opposing a summary judgment motion, the opposition papers "shall" include a separate statement "that responds to each of the material facts contended by the moving part...

Excerpt: ...he petition arbitrate and stay proceedings by Defendants Stephens Institute dba Academy of Art University, Elisa Stephens, Sue Rowley, Reid Raukar, Marguerite Crooks and Michael J. Vartain (collectively, "Defendants") is Granted. California law incorporates many of the basic policy objectives contained in the Federal Arbitration Act, including a presumption in favor of arbitrability. (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 95...

Excerpt: ...otion for a stay is denied. First, petitioner is obligated to show that the public interest will not suffer and respondent is unlikely to prevail on the merits because respondent (the agency) adopted the administrative law judge's decision in its entirety. (See CCP 1094.5(h)(2).) Petitioner fails to demonstrate that respondent is unlikely to prevail on the merits. Indeed, it is undisputed that petitioner failed to obtain the required peer review....

Excerpt: ...Seton's request for judicial notice of the complaint and attached subcontract since both parties refer to the subcontract. (See Ingram v. Flippo (1999) 74 Cal.App.4th 1280, 1285, fn.3 [taking judicial notice of letter that was referenced in complaint (but not attached) where both parties referred to the letter and quoted from it].) On demurrer, the court will generally defer to plaintiff/cross‐complainant's construction of an agreement where th...

Excerpt: ...lly defer to plaintiff's construction of an agreement where the instrument is ambiguous and reasonably susceptible to plaintiff's interpretation. (See Aragon‐Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 239.) Here, the complaint sufficiently alleges consideration. Plaintiff collaborated on the development of the antivenom in exchange for his equity share. (FAC, "Introduction" and par. 7; Ex. 1.) Acceptance can be based...

Excerpt: ...the San Francisco Bay Area legal market for 35 years and have decided many lemon law fee/cost motions as a judge. (Serrano v. Priest (1977) 20 Cal.3d 25, 49.) Attorney fees of the requested $33,874.50 and costs/expenses of $1,353.88 are reasonable for this case. The lawyers' hourly rates are also reasonable for our legal community. I award no multiplier due to the routinized nature of lemon law practice. Effective Monday, January 3, 2022, for the...

Excerpt: ... Motion To Compel Arbitration And Stay Further Proceedings. (Part 2 of 2 tentative ruling) Plaintiff fails to demonstrate substantive unconscionability that "shocks the conscience." (See Sonic‐Calabasas A, Inc. v. Moreno (2013) 57 Cal.4th 1109, 1145) The agreement is bilateral and applies to all "all employment‐ related disputes." (Hidalgo Decl., Ex. A [Scope of Policy].) There is no employer‐claim‐carve‐out and all parties can seek pro...

Excerpt: ...h COA for Negligent and / or Intentional Misrepresentation does not allege duty or harm and (b) the CC's Sixth COA for fraud does not meet the heightened pleading standard." (a) Duty is not a requisite element of negligent or intentional misrepresentation (CACI 1900, 1903), but it is nonetheless pled (CC 7:21‐24). Harm is also adequately pled. (Id. at 7:17‐20, 8:21‐24.) Thus, demurrer (a) is overruled. (b) A fraud pleading must state "how, ...

Excerpt: ...he punitive damages per CCP section 425.13 based on the Court's ruling sustaining the demurrer with leave to amend as set forth above. Furthermore, the Court orders Plaintiff to file a motion seeking an order allowing her to proceed under the Jane Doe designation. (CCP sec. 367; Doe v. Lincoln Unified School Dist. (2010) 188 Cal.App.4th 758, 767.) Effective Monday, January 3, 2022, for the 9:30 a.m. Law & Motion calendar, all attorneys and partie...

Excerpt: ...as not filed an opposition to the motion. (Code of Civil Procedure section 1005(b).) That Plaintiff is self‐represented does not excuse these procedural deficiencies. "[T]he rules of civil procedure must apply equally to parties represented by counsel and those who forgo attorney representation." (Rappleyea v. Campbell, 8 Cal.4th 975, 984‐85 (1994); see also ViaView, Inc. v. Retzlaff (2016) 1 Cal.App.5th 198, 208 ["While a party may choose to...

Excerpt: ...Mehran Nazar, D.D.S.; **Court Reporter Fees Paid** (Part 2 Of 4 - Tentative Ruling Purposes Only) The first exception is inapplicable here because, just as this Court previously determined in an order granting Defendant's motion for summary adjudication against Plaintiffs Khehra Dental Corporation and Dr. Khehra, the Complaint asserts claims that are based on Plaintiff's termination. (See September 14, 2021 Order.) The cause of action for breach ...

Excerpt: ... defendant is a suspended LLC that cannot defend this action and defendant does not dispute that contention. (Miller Decl., Exs. 1, 2; Steinsapir Decl. par. 2; Spillane Decl., 5.) Defendant is in the process of making the back payments to obtain a certificate of revivor. (Spillane Decl., pars. 5‐7.) Given these circumstances, the Court finds that a continuance is warranted. The main purpose of the statutory suspension is to collect a tax and pa...

Excerpt: ...ssary. Pursuant to Code of Civil Procedure section 452, the Court liberally construes the amended complaint. Paragraph 20 of the amended complaint alleges that defendants "breached their duty to Petrocelli to use reasonable skill and care in advising Petrocelli regarding her estate planning and documenting her estate plan, including but not limited to ensuring that Wilson's execution of the 2011 Restatement, 2016 Restatement and 2016 Amendment [t...

Excerpt: ...t and recommendation of the judge pro tem is adopted. Plaintiff's motion to quash is denied. Consistent with prior discovery orders, the scope of the amended subpoena is sufficiently tailored to records relating to the alleged lost earnings, physical injuries and associated pain and suffering claimed by the plaintiff at his deposition and as set forth in the amended statement of damages. Plaintiff's counsel shall have a "first look: at the record...

Excerpt: ...g). For the 9:00 a.m. Discovery calendar, all attorneys and parties are required to appear remotely. Hearings will be conducted by videoconference using Zoom. To appear at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link (DISCOVERY, DEPT 301 @ 9:00AM), or dial the corresponding phone number. Any party who contests a tentative ruling must send ...

Excerpt: ...cases on the merits and allow amendment, it is not an abuse of discretion to deny amendment where the plaintiff delayed presenting the proposed amendment/s and that delay prejudices the defendant. (See Melican v. Regents of University of California (2007) 151 Cal.App.4th 168, 175.) Here, the court concludes that plaintiff unreasonably delayed seeking amendment and allowing amendment at this stage of the proceedings would prejudice defendant. Plai...

Excerpt: ...ew for $52,000, and that the check was rejected and returned for insufficient funds. The cross‐complaint easily states facts sufficient to state a cause of action. Civil Code section 1719 provides in part that any person who draws a check that is dishonored due to insufficient funds shall be liable to the payee for the amount owing upon the check, a service charge not to exceed $25, and treble damages under certain circumstances. "Even without ...

Excerpt: ... and denied in part. The Stipulation for Judgment provides that if Defendant does not make a total settlement payment of $1,970.00, judgment may be entered in the amount of $3,216.84, plus costs in the amount of $325.00. As such, it is an unenforceable penalty or liquidated damages provision because it bears no reasonable relationship to the range of actual damages the parties could have anticipated from Defendant's failure timely to pay the agre...

Excerpt: ...on Of Issues Plaintiff and cross‐defendant OSIRIS VENTURES, INC.'s motion for summary judgment or alternatively summary adjudication is denied. Osiris fails to maintain its burden of production on the amended cross‐complaint because it fails to demonstrate that HIGHER GROUND MANAGEMENT, LLC's execution of the promissory note and OSIRIS' failure to purchase 99 HIGH TIDE, INC. ("99HT") was not the product of fraud. Higher Ground also presents a...

Excerpt: ... injunctive relief is denied without prejudice. Petitioner was unable to serve Respondent Adnan Mousa with the moving papers. (Cole Reply Decl. par. 4.) Mr. Mousa is a party to the settlement agreement Petitioner seeks to enforce, and therefore is a necessary party to the instant motion. The Court notes that although Petitioner timely filed and served its petition on the DLSE, the DLSE did not file any opposition to the petition. The Court also n...

Excerpt: ... Interrogatories And Requests For Production Of Documents: 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 the motion sign the stipulation, the he...

Excerpt: ...n the amounts of $57,975 and $1,808 respectively. In a stipulated judgment, respondent Association of Bay Area Governments (ABAG) admitted that it violated a key provision of California's key sunshine law ‐ the Brown Act (Govt. Code Sec. 54953(c)(2)) ‐ in 2019 when it "failed to report out the individual votes of each member of the ABAG Board." ABAG further stipulated that it would obey the law "in the future." Legislative history indicates, ...

Excerpt: ...for prejudgment interest pursuant to Civil Code sec. 3287(a) is granted. (See North Oakland Medical Clinic v. Rogers (1998) 65 Cal.App.4th 824, 830‐831 [motion for prejudgment interest may be made "in the form of a motion for new trial no later than the time allowed for filing such a motion"].) Plaintiff was entitled to the $9,523,465 deposit and $968,715 in delay liquidated damages on November 30, 2020, when it made its demand. (See Supervalu,...

Excerpt: ...s Paid** Defendant IGS Solutions, LLC ("IGS") motion to compel arbitration and stay is denied as to plaintiff Timbal. "Arbitration is a matter of contract [and] when presented with a motion to compel arbitration, the court's first task is to determine whether the parties have entered into an agreement to arbitrate their claims." (Avery v. Integrated Healthcare Holdings, Inc. (2013) 218 Cal.App.4th 50, 59; CCP 1281.2 [court determines existence of...

Excerpt: ...-Clyde & Associates (1985) 38 Cal.3d 488: (1) the decedent and non-settler Mitchell Engineering both appear to have major shares of the proportionate liability; (2) a significant amount is being paid by the settling defendants; (3) the plaintiffs - decedent's four adult children - do not disagree re settlement allocation; (4) settlers should pay less in settlement than they would after trial (but based on my experience in San Francisco wrongful d...

Excerpt: ...d to the plaintiff, if there is no answer, cannot exceed that demanded in the complaint, in the statement required by Section 425.11, or in the statement provided for by Section 425.115"; see also Code Civ. Proc. sec. 585(a) [same].) "In all default judgments, the demand sets a ceiling on recovery." (Greenup v. Rodman (1986) 42 Cal.3d 822, 824.) "Because that ceiling is jurisdictional, a default judgment is void when the damages are in excess of ...

Excerpt: ...ration Limited, that was to be acquired by a third party, and that after the predicted sale failed to materialize, defendant falsely promised to remit a portion of his investment and to enter into a repayment plan, but never repaid the funds. In the sixth cause of action for violation of California Penal Code section 496, plaintiff alleges that defendant has unlawfully converted his $60,000 investment to her own use, and that he is entitled under...

Excerpt: ...d. Plaintiffs sued Milgard for equitable indemnity and associated counts. Milgard made a CCP 998 offer for waiver of fees and costs. Plaintiffs did not accept, then lost Milgard's motion for judgment on the pleadings - a loss that involuntarily dismissed Milgard and made it the prevailing party. Plaintiffs fail to carry their burden to show that the CCP 998 was a bad-faith token offer. (Santantonio v. Westinghouse Broadcasting Co., Inc. (1994) 25...

Excerpt: ..., 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 or consent to si...

Excerpt: ... the first amended complaint (FAC) are overruled and sustained as follows: Duty: As defendant notes, duty is an element of a professional negligence cause of action, but the FAC does not purport to plead that cause of action. Duty is not an element of causes of action pled by the FAC. (See, e.g., CACI 1704, 1900, 1903, 1600.) Intentional Interference With Contractual Relations (5). An element of this tort is that defendant's intentional acts were...

Excerpt: ... for false promise are overruled. Paragraphs 41 and 49 of the First Amended Complaint plead the fraud allegations with sufficient particularity. Plaintiff alleges that defendant made oral false representations to it at a meeting on November 6, 2013. Plaintiff specifically identifies the multiple false statements. While plaintiff originally believed that Mr. Dayton may have had a part in making those representations and now believes he did not, de...

Excerpt: ...ls. Plaintiff fails to state specific facts, and her claim for personal injuries is time‐ barred as stated above. Plaintiff's cause of action for intentional destruction or loss of personal property and effects fails. All Plaintiff alleges is that Defendants told her they did not have her property and that they "discarded her property" 20 days after dismissing her from the facility. (FAC at par. 76.) This is not a cognizable claim for property ...

Excerpt: ...ach Order And Issuance Of Writ Of Attachment & Payment For Court Reporter Fee. (Tentative Ruling Purposes Only Part 3 Of 3) Finally, Plaintiff shall file a bond in the amount of $10,000. (See Code Civ. Proc. sec. 489.220(a) ["Except as provided in subdivision (b), the amount of an undertaking filed pursuant to this article shall be ten thousand dollars ($10,000].") CSF requests the Court to order Plaintiff to post a bond in the amount of $1,000,0...

Excerpt: ... was to decide were limited to (1) whether petitioner "violate[d] the collective bargaining agreement" and (2) "[i]f so, what shall the remedy be?" However, the award found violations of "federal law." The arbitrator thus exceeded his powers and the award must be vacated. (CCP 1286.2(a)(4); Delta Lines, Inc. v. International Brotherhood of Teamsters (1977) 66 Cal.App.3d 960; see also California Dept. of Human Resources v. Service Employees Intern...

Excerpt: ...t St. Paul Fire and Marine Insurance Co.'s "motion to dismiss for failure to prosecute action" is denied. First, dismissal under CCP 583.410 and 583.420 is discretionary and California's courts have long had a strong policy of deciding cases on their merits. (Denham v. Sup. Ct. (1970) 2 Cal.3d 557, 564; Woolfson v. Personal Travel Service, Inc. (1971) 3 Cal.3d 909, 912.) Second, the motion is belated; it complains that the suit was served in Augu...

Excerpt: ...ts 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: ... mistake, inadvertence, surprise, or excusable neglect within the meaning of Code of Civil Procedure section 473(b). Indeed, the evidence demonstrates that plaintiff was aware of the motion but made a tactical decision not to respond to it. (Lavoipierre Decl., Ex. B ["I do have actual notice of your motion to quash, and actual notice that you have set a hearing thereon for August 6, 2021. Be advised and able to inform whomever requests this infor...

Excerpt: ...o 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 Court Judge. If a p...

Excerpt: ...ompel on less than the 16 court days (plus two days for service) notice required by Code of Civil Procedure section 1005(b), did not oppose the motion on its merits, and stood on its objection on timeliness grounds at the hearing and in subsequent briefing before the judge pro tem. Under the circumstances, the objection is preserved. (See, e.g., Weinstein v. Blumberg (2018) 25 Cal.App.5th 316, 320-322 [party that objected that motion to compel wa...

Excerpt: ...nt. Plaintiff's unopposed motion to seal records lodged in support of Plaintiff's opposition to defendants' motion to stay or dismiss verified complaint is granted. No opposition filed and the motion complies with California Rules of Court, Rules 2.550 and 2.551. The Court finds that there exists an overriding interest that overcomes the right of public access to the portions of the records to be sealed; the overriding interest supports sealing t...

Excerpt: ... Requests For Production Of Documents From Plaintiffs Forward Food Group, LLC And FFG Restaurant Group, Inc. And For Sanctions. Pro Tem Judge Peter 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 ...

Excerpt: ... immune from this suit. The doctrine of judicial immunity has been extended to arbitration organizations such as AAA because they perform ''the function of resolving disputes between the parties, or of authoritatively adjudicating private rights.'' (In re Marriage of Assemi (1994) 7 Cal.4th 896, 909 (citation omitted); see also Stasz v. Schwab (2004) 121 Cal.App.4th 420, 430 [same].) Petitioner therefore cannot maintain this action against AAA. P...