Excerpt: ...insurance bad faith for failure to properly investigate a claim; and b) sustained with twenty days leave to amend as to the fourth, fifth, sixth, and seventh causes of action for misrepresentation, false promise, fraud, and negligent infliction of emotional distress. CSAA's argument that it is not the insurance company that issued the automobile insurance policy is not amenable to resolution at the pleading stage. Plaintiff Trent Jason adequa...

Excerpt: ...cribing the feel and sight of the vomit and her experience of coming into contact with similar substances raise a reasonable inference, when viewed in the light most favorable to her, from which a trier of fact could find that the vomit had been on the platform long enough and was of such obvious nature to have been discovered by BART in the exercise of due care. (Catalan Depo. 31‐33; Catalan Dec. par. 15). Ms. Catalan's declaration, which ...

Excerpt: ....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, the stipulation may ...

Excerpt: ... a motion to sever the first and second causes of action for malicious prosecution and constructive fraud in the first amended complaint filed May 13, 2015 from the remaining causes of action and, as so treated the motion is granted. No opposition filed. No later than April 18, 2018 plaintiffs should file a new complaint on the first floor of the Civic Center Courthouse containing only the first and second causes of action in the first amended co...

Excerpt: ...for Tentative Ruling Purposes Only (Part 3 Of 3). The array of isolated and one-off findings of misconduct committed by Mr. Ramirez, coupled with the lack of any previous discipline against Mr. Ramirez, are insufficient as a matter of law to warrant the most extreme discipline of dismissal. A full review of the Administrative Record establishes that the misconduct committed by Mr. Ramirez, while serious, was not of the magnitude to be the predica...

Excerpt: ...#39;s motion to set aside default and default judgment is granted on the condition that defendants and/or their counsel pay $2500 to plaintiff Noise 13 Design Incorporated. The defaults entered against defendants on December 6, 2017 and the default judgment issued on February 27, 2018 are set aside. No later than April 13, 2018 defendants and/or their counsel must pay $2500 to Noise 13. No later than April 20, 2018 defendants must file a motion t...

Excerpt: ...p nor any other matter causes him to be other than fair and impartial in deciding this case. The Regents of the University of California's motion for summary judgment on all causes of action in the first amended complaint filed by plaintiff Yolanda Jefferson is granted. The Regents presented sufficient evidence to satisfy their burden of production on all five causes of action alleged in the complaint and Ms. Jefferson did not present any evi...

Excerpt: ...r any other matter causes him to be other than fair and impartial in deciding this case. The Regents of the University of California's motion for summary judgment on all causes of action in the first amended complaint filed by plaintiff Annette Elliot is granted. The Regents presented sufficient evidence to satisfy their burden of production on all five causes of action alleged in the complaint and Ms. Elliot did not present any evidence crea...

Excerpt: ...bitrate. The Financial Planning Agreement does not incorporate by reference the arbitration clause in the CFI application. In addition, that arbitration clause relates to "ANY AND ALL CONTROVERSIES OR CLAIMS BETWEEN CLIENT(S) [Olson] AND [CFI]?" Olson is not suing CFI nor does she name Davis as an agent of CFI. The cross‐complaint is unrelated to the CFI IRA and the arbitration clause does not apply. The Financial Planning Agreement and...

Excerpt: ...#39; motion for reconsideration of the January 10, 2018 order denying his motion for leave to file a third amended complaint is denied. The sole asserted changed circumstance proffered in support of this motion is that Jean Lee is no longer a party to the case. While that is true, the January 10 order was based on far more than Ms. Lee being prejudiced by allowing Mr. Rogers leave to file his proposed third amended complaint. Among other things, ...

Excerpt: ...nted. The Hospital satisfied its summary adjudication burden of production by presenting evidence that it did not act with malice, oppression or fraud within the meaning of those terms for Civil Code 3294(c) and Mr. Mendoza did not present any evidence creating a triable dispute whether the Hospital acted with malice, oppression or fraud. None of Mr. Mendoza's evidence ‐‐ including the admission that the bus duct was never inspected and n...

Excerpt: ...ements 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 teleph...

Excerpt: ...�‐ Public Version Plaintiff's motion to seal portion of the court's record and to proceed anonymously as "Jane Doe 1" and "Baby Doe" is granted. Plaintiff has shown good cause for the relief she seeks and that relief is in accordance with the Rules of Court providing for the sealing of documents. Because the order on this motion need not include any identifying information about any individual, the order granting this mo...

Excerpt: ...curities, LLC's motion to compel further responses to set three special interrogatories and set five requests for production of documents is granted in part. The hearing is continued to April 5, 2018 to give the parties an opportunity to agree on a procedure which provides directly relevant information to CSL while protecting the privacy of plaintiff Michael Guta. No later than April 2, 2018 the parties must meet and confer in an effort to ag...

Excerpt: ... deemed trivial as a matter of law and thus unable to support a slip‐and‐ fall case. (See, e.g., Fielder v. City of Glendale (1977) 71 Cal.App.3d 719, 724‐26.) The upper limit of triviality is three‐fourths inch to one and a half inches. (Id.) In our case, plaintiff produced photographs showing the at‐issue depression in a municipal parking lot to be less than three‐fourths of an inch. Plaintiff's counsel declares in opposition th...

Excerpt: ...ction, Otis says it was merely "an elevator service company"; in fact, Otis designed, manufactured, installed, maintained, repaired and serviced the elevator. (Plaintiff's Opposition, Decl. of James Mills, Exh. A, attached "Standard Provider Terms and Conditions Agreement" between Safeway Inc. and Otis Elevator.) As to the breach and causation elements, Otis relies on an expert declaration. However, the declaration's four ...

Excerpt: ... alleged in support of any of the second through fourteenth affirmative defenses are based on any conduct that occurred after the date of the CPUC decision and Mr. Hines has neither stated nor suggested that he can allege any facts that occurred after the CPUC decision that supports any of those affirmative defenses. Therefore, the second through fourteenth affirmative defenses fail as a matter of law, leaving only the first affirmative defense o...

Excerpt: ...enied in its entirety. Assuming without deciding that the court can consider the materials relied on by Sotheby's for its motion that are not alleged in or attached to the FAC, all allegations sought to be stricken are adequately alleged. As to the allegations regarding Sotheby's failure to obtain the errors and omissions insurance policy, the ICA is reasonably susceptible to plaintiffs' proffered interpretation of the ICA. As to the ...

Excerpt: ...eates a fiduciary relationship. Mr. O'Rourke sufficiently alleges that he had an attorney client relationship with Mr. Cohen and those allegations, which must be accepted as true on this demurrer, support the fifth cause of action for breach of fiduciary duty. Mr. Cohen's arguments that he merely acted for the LLC and that he was only a scrivener are factual issues that are not amenable to resolution on a demurrer. The sixth and eighth ca...

Excerpt: ... default of May 30, 2017 and the default judgment of July 5, 2017 is granted. Based on Mr. Muhamadiev's statements and presentation in the courtroom on March 1, 2018, the court is persuaded that Mr. Muhamadiev was unaware that he was required to file a response to the complaint by May 25, 2017 and he did not realize that a default and default judgment had been entered against him until he recently learned that his driver's license was sus...

Excerpt: ...rbitration is granted and this case is stayed pending the conclusion of arbitration proceedings on the claims alleged by plaintiff Daniel Pulido. The incorporation of the AAA Commercial Rules does not constitute clear and unmistakable evidence of an intent to delegate arbitrability to the arbitrator. Notwithstanding federal authority to the contrary, the court chooses to adhere to the well‐reasoned and persuasive dicta in Ajamian v. CantorCO2e,...

Excerpt: ... rarely possible to plead the exact words. (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) The allegations are sufficient to put Farias on notice of the issues to be admitted or denied. Second (Conversion) SUSTAINED WITH LEAVE TO AMEND: "Money cannot be the subject of a cause of action for conversion unless there is a specific, identifiable sum involved." (McKell v. Washington Mut., Inc. (2006) 142 Cal.App.4th 1...

Excerpt: ...of action three, seven and eight are effectively based on a theory that attorney Bagchi conspired with defendant Allis; thus, prior court approval is required under Civil Code 1714.10. The exception in 1714.10(c) does not apply, as the complaint (16:13‐14) pleads that "Bagchi was representing the partnership," and no "independent legal duty to the plaintiff" is pled. Hence, this third demurrer is SUSTAINED WITH LEAVE TO AMEND. A...

Excerpt: ...ear 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 no...

Excerpt: ... cause of action is SUSTAINED WITH LEAVE TO AMEND. The complaint adequately pleads its breach of contract claims. However, its fraud allegations are conclusory and not pled with the required heightened specificity. PS Services has leave to amend to allege specific facts to show how, when, where, to whom, and by what means the misrepresentations were allegedly made by RingCentral. Any party who contests a tentative ruling must send an email to con...