Excerpt: ...ll be issued that provides for judgment against Citadel in the amount of $250,789.95 and against Mr. Le in the amount of $235,789.95 with post‐judgment interest at the legal rate from January 18, 2018. Defendants have not shown any evidence establishing any of the grounds in CCP 473(b) to set aside the default and default judgment. Assuming without deciding that plaintiff Jennifer Young served as counsel for defendants at one time, that fact do...

Excerpt: ...ick v. Superior Court (2015) 233 Cal.App.4th 8.) There is no evidence that Ms. Song expressly aimed her alleged tortious conduct at California. (Burdick, 233 Cal.App.4th at 20.) The only evidence that Mr. Drenberg proffers is his declaration and a declaration from his counsel. That evidence fails to show that Ms. Song specifically directed her comments toward California. Mr. Drenberg's request to conduct jurisdictional discovery is denied sin...

Excerpt: ...n believes that he is fair and impartial in this case. Defendant Homebridge, Inc's motion to compel arbitration of all individual claims and to dismiss the class claims alleged in plaintiff Stacey Curtis' first amended complaint is denied in its entirety. Ms. Curtis' statutory claims based on alleged violations of the Labor Code and Business and Professions Code 17200 are not arbitrable under the Collective Bargaining Agreement's ...

Excerpt: ...Request For Production Of Documents Set Two With Monetary Sanctions Or Alternatively Plaintiffs Motion For Sanctions For Spoliation Of Evidence. Pro Tem Judge Noah Lebowitz, 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 ...

Excerpt: ...e jurisdiction to entertain this sanctions motion to vindicate its regulatory powers. (See Keitel v. Heubel, (2002) 103 Cal.App.4th 324, 334.) The court concludes that plaintiff violated the bankruptcy stay, but whether a bankruptcy stay applies to a non‐debtor co‐ defendant such as Mr. Gebreslassie is not always clear and A.H. Robins even notes that it is an "unusual situation." (See A.H. Robins Co. Piccinin (1986) 788 F.2d 994, 999....

Excerpt: ...uent judgment. Plaintiff did not serve the instant motion in a timely fashion, but defendant waived the defect by addressing the merits. (See Carlton v. Quint, (2000) 77 Cal.App.4th 690, 697.) Plaintiff, who is acting in pro per, demonstrates mistake, inadvertence, and/or excusable neglect. Plaintiff mistakenly believed that her second amended complaint would be filed and the demurrer hearing would be mooted. The court notes that there is a liber...

Excerpt: ...that the results of the pending investigation of the Medical Board were available for the arbitration. The arbitrator's award based on the finding that Ms. Davis failed to produce a declaration from an equally qualified expert identifying a breach of the standard of care or causation did not exceed the arbitrator's authority. Language used by respondents in their briefs is not a ground to vacate the arbitration award because it does not s...

Excerpt: ...the sole cause of action for indemnity and declaratory relief in the cross-complaint filed by cross- complainant Herman Franck is granted without leave to amend. The court agrees with the first three arguments made by the City in support of this motion that Mr. Franck cross-claim fails as a matter of law because: 1) the deemed admissions by plaintiff Robert Garrett preclude any liability by Mr. Garrett against Mr. Franck, 2) there is no nexus bet...

Excerpt: ...n Smith's Motion To Compel Further Responses From Defendants Intero Real Estate Services, Inc. And Wachiraporn Wachiradejkul A.K.A. Jane Wachiradejkul To Special Interrogatories And Demand For Production Of Documents And; Request For Monetary 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...

Excerpt: ...f Sarah Johnson acknowledges that she accepted Lyft's Terms of Service. The Terms of Service include a clear and unmistakable delegation clause that requires the arbitrator to decide the validity and applicability of the arbitration agreement except in very limited circumstances that are not present in this case. Ms. Johnson fails to demonstrate that the delegation clause, separate from the arbitration agreement, is unconscionable. While proc...

Excerpt: ... Mr. Williams, who ceased his employment with defendants prior to the effective date of Labor Code 558.1, lacks standing to sue Mr. Pearce based on that statute, even if, which is at best unclear, section 558.1 permits the imposition of liability in a lawsuit brought by a party other than the Labor Commissioner. Mr. Pearce's request to propound discovery in an effort to locate a plaintiff with standing to sue Mr. Pearce is denied per CVS Phar...

Excerpt: ...urge is entitled to an order confirming the final award because there are no grounds to either vacate or correct that award. Any party who contests a tentative ruling must send an email to [email protected] with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. Counsel for the ...

Excerpt: ...fer or dispute resolution process set forth in the agreement is not unconscionable. "We also disagree with plaintiff's contention that the arbitration provision is substantively unconscionable because it provides defendant a free peek at his claims before arbitration. The bilateral nature of the dispute resolution procedure distinguishes the parties' agreement from the employment contract analyzed in Nyulassy v. Lockheed Martin Corp. ...

Excerpt: ...position that the doctrine of exclusive concurrent jurisdiction does not apply to PAGA actions. The recent developments in the other actions are not grounds to lift the stay. Several of those actions are still pending and the claims in those actions (e.g. Locacruz case) are sufficiently similar to warrant continuance of the stay. The court notes that the claims in two actions need not be identical to invoke the doctrine of exclusive concurrent ju...

Excerpt: ...zuko Artus is granted as to the first cause of action for injunctive relief and appointment of monitor and the fifth cause of action for breach of covenant of good faith and fair dealing and denied as to the second, third and fourth causes of action concerning the election rules and sale and leasing guidelines. GTCA satisfied its first prong burden of showing that all five causes of action alleged by Dr. Artus arise from activity protected by the...

Excerpt: ... judgment on the pleadings is denied. CCP 361, not governmental interest analysis, provides the rule for determining which state's statute of limitations applies to this case. (McCann v. Foster Wheeler, LLC (2010) 48 Cal. 4th 68, 87). For purposes of CCP 361, a cause of action on a claimed debt arises where the payments on the debt were to be made. (Western Coal & Mining Co. (1946) 27 Cal. 2d 819, 829). Although the place of payment may be th...

Excerpt: ...ologies Usa, Inc. Or, In The Alternative, To Compel Further Responses To Requests For Production & For Monetary Sanctions. Pro Tem Judge Charles Geerhart, 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 Te...

Excerpt: ...oward is awarded attorney's fees against plaintiff Ron Newt in the amount of $24,000. No opposition filed. Mr. Howard is entitled to an award of fees since he succeeded in having all claims alleged against him dismissed on his anti‐SLAPP motion. Mr. Howard's request for a fee award of $43,521.50 is excessive given the issues involved in this motion, the anti‐SLAPP motion, and the fact that Mr. Howard and others had previously filed a ...

Excerpt: ... Supporting Papers. Defendants' motion to seal their opposition papers to plaintiff's motion for a preliminary injunction is granted. No opposition filed and good cause shown. Any party who contests a tentative ruling must send an email to [email protected] with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include t...

Excerpt: ...ount Of $1,490.00 Against Defendant. Plaintiffs' motion for an order to have requests for admission deemed admitted and for monetary sanctions is denied in its entirety. While it is true that there is no pre‐filing meet and confer requirement for this motion, the court concludes that, had plaintiffs' counsel contacted counsel for Dr. Crane in advance of the motion, Dr. Crane would have agreed to provide the requests for admission respon...

Excerpt: ...filed by plaintiff Roger Senders. Airbnb has shown that Mr. Senders assented to the Terms of Service, including the arbitration language therein, because the sign up screen adequately informed Mr. Senders that, by clicking to sign up, he was agreeing to the Terms of Service. The notice "by signing up, I agree to" is placed in close proximity to the three boxes where a consumer clicks to sign up, the text is in bold letters, and the hyperl...

Excerpt: ...s In Support Of Determination Of Good Faith Settlement (Ccp 877.6). Defendants ACEH Capital LLC, Greg Wang, and Miki Yang's motion to seal their settlement agreement with plaintiff Ying Gu is denied. The motion does not comply with CRC 2.550(d). Defendants fail to explain how the interest in facilitating settlement overrides the right of public access in this case. It is unclear how making the settlement and/or settlement amount available to ...

Excerpt: [email protected] with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. If the tentative ruling is not contested, the court will sign the proposed order submitted with the moving papers. =(302/HEK) Case Number:CGC17563425Case Title:FRANCISCO HARRISON DR VS. GRYPHON INVESTORS LL...

Excerpt: ...arch 2, 2018, Line 3, PLAINTIFF SEAN DEVRIES, ZEREMY UPTEGROVE'S Motion For 1 Order Imposing Terminating Or Issue Or Evidence Sanctions Against Defendant Sean Killen And His Attorney Na Il Benjamin For Failure To Obey Order Compelling Response To Demand For Production Of Documents And For Failure To Pay Monetary Sanction 2 Order Imposing Additional Monetary Sanctions (Defendant Killen). 1 - Notice Of Motion And Motion For 1 Order Imposing Ter...

Excerpt: ...ed Case) Kph Management Llc, Engage Hospitality Llc, Agpme Tenant Llc, Engage Hospitality Llc, Mangal, Inc., Lombard Hospitality Llc, Engage With Sf Hospitality Llc'S Motion For Summary Judgment Or, In The Alternative, Summary Adjudication. (Part 1 of 2) The hearing will be held at 1:30pm with Judge Kahn in Dept 302. Plaintiffs' motion for summary judgment or, in the alternative, summary adjudication is denied in its entirety. As to the f...