Excerpt: ...s previous application was denied without prejudice, because the information provided was too sketchy. While still no model of clarity, the renewed application provides enough to allow a "rough approximation of plaintiffs total recovery and the settlor's proportionate liability." (Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, 499.) Scott & Warner Builders, Inc. (SWB) was general contractor on a home reconstruction project t...

Excerpt: ...ary judgment motion was filed Augist 10, 2023. This type of motion has the longest notice period in California procedure: at least 75 days' notice, which is designed to allow the other side (Dadashian in this case) plenty of time to prepare an opposition. To obtain a continuance, Dadashian should have prepared an affidavit (or declaration under penalty of perjury, in accordance with CCP 2015.5) that shows " (1) the facts to be obtained are essent...

Excerpt: ...In San Bernardino County The mo
Ÿon of defendants Bank of America, N.A., Bank of America Corpora
Ÿon and Nancy Becerra to transfer this ac
Ÿon to San Bernardino County Superior Court is denied. The case was Þled here in San Francisco in May 2021. It alleges that scammers used accounts at BofA and Wells Fargo in a scheme to defraud an elderly man. The BofA defendants were served in June 2021 and Þled a losing demurrer and mo
Ÿon to strike in...

Excerpt: ...asserted in this subsequent summary judgment motion. (Code Civ. Proc., sec. 437c, subd. (f)(2); Patterson v. Sacramento City Unified School Dist. (2007) 155 Cal.App.4th 821, 827.) Defendant "did not have and had not seen [Decedent's 2018 workers' compensation deposition] at the time of the August 18, 2022 hearing on its initial summary judgment motion." (Bruni Decl., par. 16 [4:15- 17].) Plaintiffs' objection to the motion is OVERRULED. The Court...

Excerpt: ...iff Waltson and Associates, Inc„ shall remove any encumbrances it recorded on defendants' property. CCP 473(d) enables the court to set aside void judgments. A judgment is facially void if service was improper, such that the court never acquired jurisdiction over defendants. Walston's purported service under CCP 415.40 is facially defective. Walston has not shown Ashar and Petroziello were out-of-state residents, as required by CCP 415.40. The ...

Excerpt: ...f the car to plaintiff and the agreement plaintiff signed with the dealer, but not with HMA. As to the warranty: (1) There is no evidence plaintiff agreed to the arbitration provisions associated with the warranty. Indeed, there is no evidence plaintiff was made aware of the arbitration agreement in connection with the warranty. (2) Plaintiffs claims do not invoke the terms of the warranty document. All claims in the complaint invoke the Song-Bev...

Excerpt: ...er his birth, with parental consent. (Apparently the SAC alleges the consent was procured by fraud, although it isn't clear what the fraud was.) The statute of limitations has run on all the causes of action in the SAC. The events took place around the time of plaintiffs birth in 1977, and he was aware of the situation and asserts he had suffered injury at least by the time he was an adolescent, as the SAC alleges. SAC paragraphs 104, 110. The lo...

Excerpt: ...make out a claims for harassment. That individuals helped create a new job analysis does not alone suggest harassment, for two reasons. First, it is not clear what offensive message ("discriminatory intimidation, ridicule, and insult,' as phrased in Kelly-Zurian v. Wohl Shoe Co., 22 Cal.App.4th 397, 409, quoting Harris v. Forklift Systems, lnc„ 510 U.S. 17, 21 (1993)) was to be communicated to the plaintiff by this act. Second, it is not clear ...

Excerpt: ...ene was its employee or "acting for" it, but the pled facts must be accepted as true. (FAC 2:15-3:4; Del E. Webb Corp. v. Structural Materials Corp. (1981) 123 Cal.App.3d 593, 604.) Third, DH says Schoene's conduct was "not within the scope of employment," but it occurred at DH and was work-related. (FAC 4:25-6:15.) Fourth, plaintiff's theory that DH ratified Schoene's conduct can be tested in discovery. Fifth, the section 17200 claim is pled wit...

Excerpt: ...s ("AFSCME") mo
Ÿon to compel arbitra
Ÿon is granted. AFSCME and Respondent University of California College of Law, San Francisco ("UC Law SF") executed a collec
Ÿve bargaining agreement in 2020. Ar
Ÿcle 38 of the par
Ÿes' Memorandum of Understanding allowed an aggrieved party to compel arbitra
Ÿon over an alleged "viola
Ÿon, misapplica
Ÿon, or misinterpreta
Ÿon of speciÞc terms." AFSCME moves to compel arbitra
Ÿon based on a term all...

Excerpt: ... (cross-defendant) fails to show that the cross-complaint is brought in bad faith. 'Factors such as oversight, inadvertence, neglect, mistake or other cause, are insufficient grounds to deny [a moton for leave to file a cross-complaint] unless accompanied by bad faith. ' (Silver Organizations Ltd. v. Frank (1990) 217 Cal.App.3d 94, 99; see also CCP 426.50 ["The court ... shall grant ... leave to ... file the cross- complaint ... This subdivision ...

Excerpt: ...ovision, implicating Civil Code 1717. Plaintiff won an arbitration against defendants, then lost an attempt to amend his judgment to add Silverman on an alter ego theory. Silverman now seeks a section 1717 attorney fee award for opposing plaintiffs motion to amend. Civil Code 1717 applies to "any action on a contract" with an attorney fees provision. (ld.) Included is any action that, as here, "involves" a contract. (In re Tobacco Cases I (2011) ...

Excerpt: ...f Karen Crosby's opposition to motion to quash service of summons is denied. The opposition was properly filed nine court days before the continued hearing date of September 25, 2023. (See CCP 1005(b).) Defendants' request for judicial notice in support of motion to quash is granted. Defendants' motion to quash service of summons is denied as follows. Substitute service under CCP 415.20 was appropriate once Crosby's server, Troy Norriss, made thr...

Excerpt: ...ciated) claims regarding three former patents of San Francisco's Laguna Honda hospital. However, this would be a misjoinder based on the pled facts, as the three patients died at three different healthcare facilities with three different constellations of maladies. (Cmplt. 21:7-40:6.) Plaintiffs rely on Code of Civil Procedure 378 for their joinder arguments, but section 378 requires claims "arising out of the same transaction, occurrence or seri...

Excerpt: ...into and breached an agreement with plaintiff. (First Amended Complaint ("FAC"), pars. 10-17, 24; Ex. A [authorizing plaintiff to use his credit card for purchases "on behalf of Vanguard Property Management"].) Defendant raises a factual issue regarding the scope of the agreement and the court defers to plaintiff's interpretation of the agreement on demurrer. (Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 239 ["[W]...

Excerpt: ...at are not illusory - e.g., to sculpt and install artwork at Saints Peter and Paul Catholic Church and to pay $200,000 of the cost of doing so. (ld. at 4:1-3, Ex. A.) The FAC also adequately pleads that plaintiffs performance of the contract "was excused by Defendants' failures" to approve the artwork and by anticipatory breach. (ld. at 7:7-13.) Defendant argues that its "performance is excused because of Covid-19," but such an issue of disputed ...

Excerpt: ...4, see also 14:7-15:2.) As set out in the summary judgment order, it does not. (ld. at Second, plaintiffs counsel says she "was surprised that she mistakenly failed to file a separate statement," labeling the court not accepting a separate statement she filed nearly a month late "an irregularity." (Memo. 11:21- 12:19.) The statute requires "ordinary prudence," absent here. (CCP 657(3).) Third, plaintiff claims "newly discovered evidence.' (Memo. ...

Excerpt: ...ents/employees and those allegations support the claim. In addition, the pleading expressly alleges that they acted as Fictivls fiduciary, which raises a factual issue. (See Huong Que, Inc. v. uu (2007) 150 Cal.App.4th 400, 410-411, 414 ["Thus an employee, while employed, owes undivided loyalty to his employer."]; Cross-complaint, pars. 12-13, 30 ["Cross-Defendants were entrusted with certain duties and responsibilities and owed a fiduciary duty ...

Excerpt: ...ant fails to show that plaintiff could waive the representative PAGA claims. "A PAGA claim is legally and conceptually different from an employee's own suit for damages and statutory penalties. An employee suing under PAGA 'does so as the proxy or agent of the state's labor law enforcement agencies.' [citation] Every PAGA claim is 'a dispute between an employer and the state. "' (Kim v. Reins International California, Inc. (2020) 9 Cal.5th 73 [em...

Excerpt: ...ropriety of summary judgment are to be resolved in favor of the opposing party." (Kulesa v. Castleberry (1996) 47 Cal.App.4th 103, 112; see also Statoners Corp. v. Dun & Bradstreet, Inc. (1965) 62 cal.2d 412, 417; Crouse v. Brobeck, Phleger & Harrison (1998) 67 cal.App.4th 1509, 1524.) As a general rule, the insured's settlement with and release of the tortfeasor cuts off the subrogation rights of the insured's insurer against the tortfeasor. How...

Excerpt: ... a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same aut...

Excerpt: ... Amended Complaint [C.C.P. 438, Et Seq.]. Defendant California College of the Arts' (CCA) "motion for judgment on the pleadings as to causes of action number one through seven in plaintiff's second amended complaint" (SAC) is granted with leave to amend. CCA hired pro per plaintiff June Beltran in 2017. Part of her job was to direct CCAls Center for Art & Public Life, later renamed the Center for Impact (the Center). Beltran was fired in November...

Excerpt: ...fs "motion to temporarily lift stay to declare that Lyft, Inc.'s arbitration agreement controls the parties' dispute" is denied. On March 22, 2023, Stripe, Inc.'s motion to compel plaintiff to arbitration was granted based on multiple arbitration agreements. This court's order stayed the litigation "pending the outcome of arbitration." Plaintiff now seeks to "temporarily lift stay" based on CCP 1281.4's provision that a court shall "stay the acti...

Excerpt: ...stock options. The noton was that plaintiffs would eventually get their money back and split any gain with defendant 50-50. The employer went public and its stock price rose, but plaintiffs have gotten no money. The demurrer's first argument is that the entre FAC is precluded by a New York court's dismissal ofa "nearly identical" case. Plaintiffs respond that the New York case regarded their supposed right to compel defendant to sell her stock (w...

Excerpt: ...And 2 In Plaintiff'S Complaint Defendants Epic Sightseeing, LLC and Extranomical Tours, LLC's Motion for Judgment on the Pleadings Re Causes Of Action 1 and 2 in Plaintiff's Complaint is DENIED. A motion for judgment on the pleadings is treated the same as a demurrer. It is limited to the "four corners" of the pleading (including exhibits) and matters that are judicially noticeable. The complaint is read as a whole, and material facts properly pl...