Excerpt: ...e & Supply, Inc. failed to sustain its burden of demonstrating that Plaintiffs do not possess and cannot reasonably obtain clear and convincing evidence that Defendant Valley Pipe & Supply, Inc. acted with the requisite malice, fraud, or oppression to warrant the imposition of punitive damages. (See Decl. Scott R. Herndon, Exhibit E, Exhibit F, Exhibit G, Exhibit H.) The burden of production "should not shift without stringent review of the d...

Excerpt: ...age in the October 17, 2018 minute order that suggests that the court granted summary judgment in favor of cross-defendants ITC Financial Licenses, Inc. and The Bancorp Bank on Mr. Schuldiner's UCL claim based on an incorrect understanding of the UCL standing requirement. The court apologizes for the sloppy language in that minute order and takes this opportunity to clarify that summary judgment was granted in favor of the cross-defendants on...

Excerpt: ...e complaint filed by plaintiff Michael Keck is sustained without leave to amend as to both causes of action. The face of the complaint shows that the statute of limitations on both of Mr. Keck's claims began to run no later than April 26, 2016, the day Mr. Keck obtained a default judgment against Ms. Coleman‐Curry, which is more than two years before this case was filed on May 14, 2018. The two year statute of limitations in CCP 335.1 and/o...

Excerpt: ...ed below. The criteria for a section 1021.5 award have been satisfied. The litigation resulted in the enforcement of an important right affecting the public interest, conferred a significant benefit on the general public or a large class of persons, and the necessity and financial burden of private enforcement are such as to make the award appropriate. (Code Civ. Proc. § 1021.5.) The Court of Appeal's holding in its published opinion that fo...

Excerpt: ...rties in the same lawsuit, the amendment need not relate to claims or defenses originally pleaded. PG&E has not established that it would be prejudiced by the amendment, because discovery has not been completed, and the currently assigned September 3, 2019 trial date is not imminent. In any event, there is a strong likelihood that the litigation will be stayed as a result of PG&E's anticipated bankruptcy filing. Any discovery disputes or moti...

Excerpt: ...d. The default and default judgment are not void under CCP 473(d) because plaintiff properly substitute served the person "apparently in charge" of Bridge and Pioneer's office within the meaning of CCP 415.20(b). Bridge and Pioneer fail to show that the default and default judgment were the result of a lack of actual notice. They also fail to show that they are entitled to equitable relief or that their due process rights have been vi...

Excerpt: ...lied covenant of good faith and fair dealing sounds in contract. (1 Witkin, Summary of California Law (2018) §824.) Moreover, the implied covenant may be pled in the alternative to breach of contract, as it adequately has been here. (See Racine v. Laramie, Ltd. (1992) 11 Cal.App.4th 1026, 1031‐32 (conduct "not technically transgressing the express covenants"); Cmplt. 18‐ 20, 22‐23, 27, 29‐30, 42, 46‐47, 50, 53‐54.) The fraud ...

Excerpt: ...#39;S Application To Reopen Discovery Responses And Production Of Documents And Allow For Extension For Exchange Of Pretrial, Motions In Limine, Expert Disclosures And Depositions. Pro Tem Judge Paul Renne, 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...

Excerpt: ...fect. (2) The demurrer is overruled on its merits. Jeld‐Wen's demurrer to the first cause of action for negligence is overruled. Plaintiff sufficiently alleges a cause of action for negligence. (See Complaint 1‐20.) Jeld‐Wen's demurrer to the second cause of action for products liability is overruled. Plaintiff sufficiently alleges a cause of action for products liability. (See Complaint 3‐4, 21‐36.) Jeld‐Wen's demurrer to...

Excerpt: ... complaint is sustained as to the first cause of action for strict liability manufacturing defect, the second cause of action for negligence in manufacturing, and the third cause of action for failure to warn, with 30 days leave to amend. As pled, the manufacturing defect and negligent manufacturing claims are conclusory and do not allege sufficient ultimate facts to provide support for the assertion that Defendants violated federal law. The cour...

Excerpt: ... California (1990) 220 Cal.App.3d 1503, a California lottery ticket retailer (a delicatessen owner) brought an action against the state, claiming she was entitled to a $100,000 award by reason of her possession of a winning ticket. Her 17-year-old employee had stolen several tickets, scratched them to remove the coating, discovered one was a $100,000 winner, and gave the ticket to his mother, who submitted it to the Commission for redemption. The...

Excerpt: ...rements 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 telep...

Excerpt: ...ony From Defendant Marcos Alvarez Casteneda Regarding Same 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: ...nvenient forum is denied. Mr. Alvarez did not file a motion to quash service of summons on the ground of lack of jurisdiction of the court over him or a motion to stay or dismiss the action on the ground of inconvenient forum within the time allowed for filing a response to the complaint, as required by Code of Civil Procedure section 418.10(a). Instead, on November 9, 2018, he filed an answer to the complaint. He did not file the instant motion ...

Excerpt: ...Default Judgment, If Entered: Ccp Sec. 473(B). Defendant Anthony K. Ngai's motion to set aside the default entered on June 21, 2018 is denied. Mr. Ngai has not made a showing that the default was taken against him through his mistake, inadvertence, surprise, or excusable neglect. There is undisputed evidence that after he was personally served with the summons and complaint, Mr. Ngai retained counsel, who specifically informed plaintiff's...

Excerpt: ... he do anything sexual to you?"), she also testified that Mr. Hermogeno continued to ask her inappropriate personal questions, refused to allow Ms. Aung to visit the restroom as needed, and followed her to the restroom. Similarly, Ms. Aung testified that after a 2005 incident in which Kevin Tucker hugged her tightly and was suspended as a result, he, too, followed her to the restroom. Contrary to defendants' characterization of the conduc...

Excerpt: ...s failed to allege facts showing a special relationship that would support a duty on the part of defendant C. Mondavi & Family to protect plaintiff from harmful conduct of third parties or that any breach of such duty was a substantial cause of plaintiff's injuries. (See Wise v. Superior Court (1990) 222 Cal.App.3d 1008, 1013 ["A complaint which lacks facts to show that a duty of care was owed is fatally defective . . . . In general, one ...

Excerpt: ...d Sixteenth Street Hotel, LLC's motion for summary judgment is denied. Plaintiff has identified facts‐the absence of a second handrail and defendants' failure to provide adequate illumination of the stairway‐from which a reasonable jury could infer that a dangerous condition existed and was a substantial factor in bringing about Mr. O'Connell's injuries. In Buehler v. Alpha Beta Co. (1990) 224 Cal.App.3d 729, in contrast, defe...

Excerpt: ...gations). In order to state a prima facie claim for punitive damages, a complaint must set forth the elements stated in the general punitive damage statute, Civil Code section 3294, including allegations that the defendant has been guilty of oppression, fraud or malice. Civ. Code § 3294(a). "Malice" is defined as conduct "intended by the defendant to cause injury to plaintiff, or despicable conduct that is carried on by the defendant...

Excerpt: ...bitration Against Defendant Derek Schulze Pending The Outcome Of This Action Pursuant To Ccp Section 1281.2(C) Defendant Derrek Schulze's motion to dismiss the arbitration is DENIED, as the court lacks jurisdiction to grant such relief. (Titan/Value Equities Group, Inc. v. Sup. Ct. (1994) 29 Cal.App.4th 482, 489.) Schulze's motion to stay the arbitration under CCP §1281.2(c) pending the outcome of this court case is GRANTED. The at‐iss...

Excerpt: ...itration and to stay litigation pending arbitration is GRANTED. Per the Dispute Resolution Protocol (DRP) in the TriNet Terms and Conditions Agreement (TCA), the Federal Arbitration Act applies to any dispute arising out of plaintiff's employment with ReadiSuite. DRP §9(a) expressly identifies ReadiSuite as a third‐party beneficiary that may enforce the arbitration provision. Defendants did not waive arbitration; they pled an arbitration a...

Excerpt: ...alment and prayer for punitive damages is GRANTED. A defendant shifts the burden of production to plaintiff if it can "present evidence that the plaintiff does not possess, and cannot reasonably obtain, needed evidence." (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854‐55.) Defendants showed via plaintiff's discovery responses his lack of evidence that FCA US knew of the defect in the Totally Integrated Power Module (TI...

Excerpt: ... against him is granted. Due process demands, and the doctrine of extrinsic mistake permits, the vacation of the default and default judgment based on the undisputed fact that Mr. Schanzer had no knowledge of this case until November 2018 and that service by publication occurred without plaintiff Zakaria Saidin exhausting all possible sources to be able to serve Mr. Schanzer personally or by substitute service. Mr. Schanzer has shown that due to ...

Excerpt: ...ir motion to stay this action based on inconvenient forum is granted. This case is stayed pending the completion of proceedings in Florida on the claims alleged by plaintiffs Joseph Mizrachi and JAL Group, L.P. Plaintiffs have demonstrated that defendants have sufficient minimum contacts with California to warrant specific jurisdiction over defendants in this case. Defendants purposefully availed themselves of the benefits of California through t...

Excerpt: ...Defendant Pour Guys SOMA LLC's motion for summary judgment or alternatively, summary adjudication of six specified issues is denied in its entirety. The doctrine of primary assumption of the risk does not apply to the facts of this case as a matter of law. Nalwa v. Cedar Fair, L.P. (2012) 55 Cal.4th 1148 explained that the doctrine applies to sporting and "recreational activities." The purpose of the doctrine is "to avoid chilling...

Excerpt: ...ahan. Michael Callahan has not made a general appearance and thus may still contend that he is not amenable to personal jurisdiction in California for this case. Plaintiffs Elliot Taylor and Ron Taylor have not shown that Michael Callahan has sufficient contacts with California to warrant the exercise of personal jurisdiction over him for this case either based on general or specific jurisdiction. The Taylors have shown that they validly served C...

Excerpt: ... L.P., and Barcelo Crestline Corporation's motion to strike portions of the complaint filed by plaintiffs Marion, Brian and Sharri Marcin is: a) granted without leave to amend as to the words "and physical injuries, all of" and "physical and" in lines 22 and 23 on page 7; b) granted without leave to amend as to the prayer for punitive damages but without prejudice to seeking leave to amend to add a prayer for punitive damages ...

Excerpt: ...s entirety. WFI's request for judicial notice of portions of plaintiff Maria Delgado's deposition testimony is denied. While the parties appear to view the judicial notice issue as either the content of all deposition testimony of a party that is inconsistent with the party's pleading is judicially noticeable or the content of a party's deposition testimony is never judicially noticeable, this court adopts the more nuanced and bet...

Excerpt: ...l four causes of action. Judge Chan's order filed May 29, 2018 does not bar any of the four claims alleged by Ms. Huang and Ms. Duong in this case either based on res judicata or collateral estoppel. Res judicata is inapplicable because this case does not involve either the same cause of action or remedy that was involved in the family law case. Collateral estoppel is inapplicable because none of the issues essential to plaintiffs prevailing ...

Excerpt: ...as to all three causes of action. Ms. Carlin adequately alleged that she was subject to unfavorable disparate treatment based on her gender, disability and age including the termination of her employment, which is sufficient for a FEHA discrimination claim. Ms. Carlin adequately alleged that her employment was terminated because she complained to Mr. Haschka that she had been unfavorably disparately treated due to her gender, which is sufficient ...

Excerpt: ...he 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 appears ...

Excerpt: ...e determination of the amount owed by TinyCo per the Amended and Restated Platform Agreement is not final (and thus not subject to claim preclusion) due to plaintiff Loytr, Inc.'s filing of an appeal in case number 551519. Even if the determination of the amount owed by TinyCo to Loytr was final and amenable to claim preclusion, on the record on this motion there are triable disputes: a) whether the parties to case number 551519 actually liti...

Excerpt: ...d as to both causes of action. As to the second cause of action, Mr. Longmore alleges sufficient facts showing that the parties waived the written modification requirement. Paragraphs 11 and 42 of the first amended complaint allege that North Star modified the agreement by reducing the base salary without a writing. "When one party has, through oral representations and conduct or custom, subsequently behaved in a manner antithetical to one or...

Excerpt: ...ky To Provide Further Responses At His Continued Deposition And For Sanctions. Defendant Nina Vaness' motion to compel plaintiff Timothy Galusky to provide further responses at his continued deposition and for monetary sanctions is denied and Mr. Galusky's request for monetary sanctions is also denied. None of the six sets of deposition questions identified in Ms. Vaness'statement of items in dispute seek sufficiently probative inform...

Excerpt: .... Boland fled the scene of the accident "when he knew that he had driven his vehicle into ¿. Leila J. [and] ¿ observed her laying in the crosswalk injured and in pain" suffices to allege malice as that word is defined in Civil Code 3294(c)(1). Mr. Boland's argument that his alleged fleeing of the scene was not an "injury‐producing event" is neither established by the language of the complaint nor supported by common sense ...

Excerpt: ... served pursuant to CCP § 415.20(b), because the declaration of diligence accompanying the proof of service states that Lipton was employed at that address and personal service was attempted there, while Lipson's declaration that he neither resided nor worked at that address is uncontradicted (Lipson Decl. 3) and the server's notation was admittedly erroneous (Mughal Decl.). Therefore pursuant to CCP § 473(d) the default judgment is vac...

Excerpt: ...y is GRANTED. The evidence establishes that the entities that are seeking arbitration are the same as the entity that entered into the arbitration agreement with plaintiffs. (Lee Reply Dec., par. 5.) The motion to compel arbitration is timely and Rosenson v. Greenberg Glusker Fields Claman & Machtinger LLP (2012) 203 Cal.App.4th 688, 691 is inapposite. There, the court explains that the 30‐day deadline applies to one seeking to avoid the Mandat...

Excerpt: ... to amend. Roberts has leave to plead a claim such as concealment that can support the prayer for punitive damages. Roberts' allegations that defendants refused to repair the roof and/or abandoned her are not sufficient to support the claim as a matter of law per McDonnell v. American Trust Co. (1955) 130 Cal.App.2d 296. Any party who contests a tentative ruling must send an email to [email protected] with a copy to all other parties ...

Excerpt: ... days leave to amend. Mr. Akrami has failed to allege facts showing a special relationship that would support a duty on the part of defendant Pernord Ricard USA to protect Mr. Akrami from harmful conduct of third parties and that any breach of such duty was a substantial cause of Mr. Akrami's injuries. (See Wise v. Superior Court (1990) 222 Cal.App.3d 1008, 1013, ["A complaint which lacks facts to show that a duty of care was owed is fata...

Excerpt: ...The FACC pleads that the parties operated under this agreement "until January 2014." (Id. at 3:26.) The first cross‐complaint was not filed until July 2018, seemingly outside the four‐ year statute of limitations. (See CCP §337.) 2nd (Breach of Contract: Stock Purchase/Confidentiality Agreements). OVERRULED. This cause of action is adequately pled. Murry argues for a level of pleading particularity not required by California law. (Se...

Excerpt: ...#39;s demurrer to the first through fourth and sixth through tenth causes of action in the second amended complaint is: a) sustained without leave to amend as to the first cause of action for violation of residential building standards, the third cause of action for strict liability, the sixth cause of action for breach of fiduciary duty, the seventh cause of action for violation of governing documents, the eighth cause of action for unlawful LLC...

Excerpt: ...or recovery on the judgment per Insurance Code 11580(b)(2) is barred by the one year "statute of limitations" in the policy issued to Mr. Al Maliki. Assuming without deciding that the one year limitations period is an enforceable as to Ms. Baker-Flynn, her section 11580 claim did not accrue until judgment was entered in her favor and against Mr. Al Maliki on June 20, 2017, less than one month before this case was filed July 11, 2017. Any ...

Excerpt: ...Nguyen's first cause of action for FEHA gender discrimination, Ms. Nguyen satisfied her light burden of presenting evidence showing that she can establish a prima facie case. That evidence includes that Ms. Nguyen was performing competently after returning to work from her third maternity leave and she was treated differently from similarly situated employees who were not written up or terminated allowing for an inference of discriminatory mo...

Excerpt: ...in this case is whether plaintiff's participation in the May 3, 2013 filming of a sex video was a cause of his HIV infection. Asserting that it is highly probable he was infected from April 20 to May 13, 2013, plaintiff has provided a list of his sexual partners in that time frame and the partners' HIV test results. Defendant Cybernet Entertainment, LLC, however, seeks to further compel discovery of such information from four months befor...

Excerpt: ...nt. Discovery further argues that even if use of a vehicle was an implied requirement, it is still entitled to summary judgment per the "going and coming rule." In Moradi v. Marsh USA, Inc. (2013) 219 Cal.App.4th 886, 894-895, the court explains: [U]nder the 'going and coming' rule, employers are generally exempt from liability for tortious acts committed by employees while on their way to and from work because employees are said ...

Excerpt: ...element is pled, at a minimum, by allegations that plaintiff had a long-term relationship with defendants as trusted financial advisers and planning specialists and that they claimed to be annuity experts. Defendants seem to claim to be mere insurance agents; that is a dispute to be adjudicated. Other arguments need not be reached, as a demurrer must dispose of an entire cause of action. (Edmon & Karnow, California Practice Guide: Civil Procedure...

Excerpt: ... motion to compel the deposition of plaintiff Frezgi Gebrezgiabher and for monetary sanctions is granted. Mr. Gebrezgiabher must appear for deposition at the office of defendants' counsel on a mutually agreeable date no later than October 1, 2018 and Mr. Gebrezgiabher and his counsel must pay monetary sanctions in the amount of $5,175 to defendants no later than October 25, 2018. The court adopts in full the recommendations and reasons for th...

Excerpt: ...ohn Doe's application for an order sealing all pleadings and exhibits is granted in part and denied in part. Petitioner is entitled to an order sealing all exhibits to declarations constituting information protected per Penal Code 832.7. Petitioner has failed to satisfy his burden of showing how his overriding interest in his right to privacy as a peace office would be prejudiced if information other than what is protected by section 832.7 is...

Excerpt: ...rd Denton is: a) granted with 20 days leave to amend as to paragraph 62; b) granted without leave to amend as to Ms. Mitchell in the seventh cause of action for harassment and the allegations in the eighth cause of action for failure to prevent discrimination against the individual defendants; and 3) denied as to all other portions of the second amended complaint sought to be stricken. In his supplemental opposition memorandum Mr. Denton has with...

Excerpt: ...graph 12 of the parties' employment agreement applies to the claims alleged by plaintiff Tim Chevalier in his complaint, albeit they disagree whether the clause covers the injunctive relief sought by Mr. Chevalier. Mr. Chevalier's defense to enforcement of the arbitration agreement that it illegally prevents public injunctive relief lacks merit. Mr. Chevalier is not seeking a public injunction. "Relief that has the primary purpose or ...

Excerpt: ...ed by plaintiff Electrical Industry Service Bureau, Inc. is sustained without leave to amend as to the first cause of action for failure to pay on a payment bond and overruled as to the second cause of action for violation of the Unfair Competition Law. The prior tentative ruling overruling the demurrer to the second cause of action was confirmed at the September 4, 2108 hearing. At that hearing the demurrer to the first cause of action was conti...

Excerpt: ... motion to strike is denied. Dr. Hunter has failed to show good cause to support his request to file an anti‐SLAPP motion at this point in the case. Dr. Hunter did not provide any admissible evidence in his moving papers. The asserted reason for the delay lacks merit. There is nothing improper with calendaring an anti‐SLAPP motion against a pro per litigant. Allowing the filing of an anti‐SLAPP motion at this stage of the case undermines ra...

Excerpt: ...for summary judgment is denied. Defendants' alternate motion for summary adjudication is denied as to the second cause of action for foreclosure of mechanic's line and granted as to the third and fourth causes of action for common count and quantum meruit. Defendants have not shown that they are entitled to prevail on the mechanic's lien claim because: (1) there is a triable dispute when the work was completed (Fox Dec., par.5), (2) t...

Excerpt: ... Redko's motion for attorney fees and costs is DENIED. Government Code §800 allows a minimal attorney fee award (maximum: $7,500) if a public entity acted in a "wholly arbitrary or capricious" manner in an administrative proceeding. (Stirling v. Agricultural Labor Relations Bd. (1987) 189 Cal.App.3d 1305, 1312.) Attorney fees may not be awarded if the entity's action was "clearly erroneous;" rather, the action must be ...

Excerpt: ...ncon")'s motion for attorneys' fees and awards $427,951.93. Rincon is a prevailing party in an action on contract with an attorney's fee provision and is entitled to attorney's fees under Civil Code section 1717 because it obtained a "simple, unqualified win" in the Court of Appeals via entry of an order denying CP III's petition. (See Hsu v. Abbara (1995) 9 Cal.4th 863, 877). Whether an action is "on a contrac...

Excerpt: ...China. (Amended Complaint, Exs. I & J.) "The California Supreme Court has held that contractual forum selection clauses are valid and should be given effect unless enforcement of the clause would be unreasonable." (Intershop Communications v. Superior Court (2002) 104 Cal.App.4th 191, 196.) Plaintiff Tieming Yao fails to show that enforcing the forum selection clause would be unreasonable. The evidence demonstrates that basically everythi...

Excerpt: ...raying for attorney's fees. Plaintiff has sufficiently alleged facts that could support an award of attorneys' fees under Code of Civ. Proc. § 1021.5 if he prevails. The negligent supervision and failure to report child abuse claims, if proven, affect important public policy concerns. If John Doe prevails, the litigation may confer a significant benefit to students at the school (See Regents of University of California v. Superior Court ...

Excerpt: ...Manprit S. Buttar, DVM; Grace I. Carter, DVM; and Buttar, Inc.'s motion for summary judgment or, alternatively summary adjudication. There are triable issues of material fact regarding the following issues: (1) Whether any act or omission on the part of defendants was a substantial factor in causing Shadow's death; (2) Whether Shadow's delayed diagnosis prevented Shadow from receiving treatment that would have extended Shadow's li...

Excerpt: ...tween the corporation and its equitable owner that the separate entities do not in reality exist; and (2) an inequitable result if the acts in question are treated as those of the corporation alone. (Sonora Diamond, 83 Cal.App.4th at 538.) Plaintiff failed to present facts showing that UPC and UPRC are so intertwined as to be one entity. UPRC operates the trains, and UPC is a parent company with general executive control that does not own or oper...

Excerpt: ...vided the allegedly unsafe scaffolding or exercised control over it. (McKown v. Wal‐Mart Stores, Inc. (2002) 27 Cal.4th 219, 225.) The court sustains the demurrer as to the Second Cause of Action with leave to amend because Plaintiffs fail to allege facts that Defendant retained control over the worksite in a way that affirmatively contributed to the injury. (Kinsman v. Unocal Corp. (2005) 37 Cal.App.4th 1439, 1446.) Passive failure to exercise...

Excerpt: ...rties 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 stipula...

Excerpt: ...rt 2 Of 2) 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. If the tentative ruling is not contested, the parties are deemed to have stipulated to the Pro Tem hearing the motion and the Pro Te...

Excerpt: ...ospital of Los Angeles (2015) 237 Cal.App.4th 1454, 1466‐1468, the allegations at paragraphs 7‐8 and 61 indicate that plaintiff was on inquiry notice and the claim is time barred. (See Code Civ. Proc., § 338.) Plaintiff's delayed discovery allegations at paragraph 41 fail to allege what specifically gave him reason to suspect the fraud in 2017 as opposed to 2012. "In order to rely on the discovery rule for delayed accrual of a cause ...

Excerpt: ...laintiff fails to allege timely compliance with the presentation requirement set forth in Government Code §§ 905, 910 and 915 or allege facts excusing compliance. (State of California v. Superior Court (2004) 32 Cal.4th 1234, 1240‐1241.) Plaintiff fails to provide a declaration in support of his opposition providing any evidence that he can meet the administrative exhaustion requirements. Nonetheless, in his opposition papers he alleges, thro...

Excerpt: ...� 430.10(e).) Plaintiff alleges a dangerous condition of public property and his exclusive remedy is to pursue a claim under Gov. Code, § 835. (See Brown v. Poway Unified School Dist. (1993) 4 Cal.4th 820, 829.) In Longfellow v. County of San Luis Obispo (1983) 144 Cal.App.3d 379, 383, the court stated: With respect to the plaintiffs' cause of action pursuant to section 815.2 of the Government Code, the law was settled by Van Kempen v. Haywa...

Excerpt: ... Ninth Causes of Action. "A plaintiff alleging unfair business practices under these statutes must state with reasonable particularity the facts supporting the statutory elements of the violation." (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 619.) Plaintiff Roberts fails to highlight the precise statutes violated in the body of the Sixth Cause of Action. She also fails to expressly pray for restitution and/or an i...

Excerpt: ...cause of action for negligent misrepresentation and overruled as to the third and fifth causes of action for fraud. Ms. Akutagawa alleges that defendants negligently misrepresented that they would pay the $125,000. (FAC par. 36 (emphasis added)). A negligent misrepresentation cause of action cannot be based on a promise regarding future conduct. It must be made with respect to "a past or existing material fact." (Tarmann v. State Farm Mut...

Excerpt: ...intiff 942 Market Street Owners' Association's complaint is: a) sustained with twenty days leave to amend as to first through third, sixth and seventh causes of action for violation of residential building standards, negligence, strict liability, breach of fiduciary duty and violation of governing documents and b) sustained without leave to amend as to the fourth and eighth causes of action for breach of implied warranty of habitability a...

Excerpt: ...uash is granted. Plaintiff Oolong, LLC has the burden of demonstrating sufficient minimum contacts to warrant the exercise of general or specific jurisdiction. In this case, plaintiff's evidence (the declarations of McElhenney and Castaldo) fail to show jurisdiction over VCS or Mr. Zuccarelli, who are both located in Texas. The evidence establishes that VCS passively advertised the Leybold Syrus 1105 machine for sale on e‐Bay, plaintiff rea...

Excerpt: ...onnici is entitled to have the judgment set aside based on the mandatory relief provisions of CCP 473(b). Mr. Molinari's second declaration of fault adequately establishes that the January 24 judgment was entered against Mr. Bonnici due to the mistake and neglect of Mr. Molinari. In keeping with the remedial purposes of CCP 473(b), the court determines that, while this motion surely could have been filed earlier, relief should not be denied t...

Excerpt: ...urther responses to deposition testimony and to produce documents and for monetary sanctions is granted in small part. Danilo Celeste is required to submit to a further session of his deposition to provide further response to the question whether "After the subject incident, did you ever receive any disciplinary comments from any supervisor?" and reasonable follow‐up questions. That question seeks directly relevant information and outwe...

Excerpt: ...usly given leave to amend to plead specific facts showing his delayed discovery of Ford's alleged fraud. "In order to rely on the discovery rule for delayed accrual of a cause of action, [a] plaintiff whose complaint shows on its face that his claim would be barred without the benefit of the discovery rule must specifically plead facts to show (1) the time and manner of discovery and (2) the inability to have made earlier discovery despit...

Excerpt: ... third cause of action in the second amended complaint filed by plaintiff Kai Kopp is overruled as to the second cause of action for negligence and sustained without leave to amend as to the third cause of action for negligent supervision, hiring and training. The negligence cause of action, but not the negligent supervision cause of action, is based on the same general set of facts as the complaint. Both the complaint and second cause of action ...

Excerpt: ...ls of confidential information called "Highly Confidential" and "Confidential"; 2) either side may designate any information as either Highly Confidential or Confidential subject to a motion by the other side challenging that designation; 3) both Highly Confidential and Confidential Information may be used by the receiving party only for this case and must be returned at the conclusion of the case with a declaration from an attorn...

Excerpt: ...in its favor on the retaliation claims and thus re-affirms the tentative ruling issued prior to the July 26, 2018 hearing with some additional language as follows: Defendant Huddle, Inc.'s motion for summary judgment is denied and its alternative motion for summary adjudication is denied as to the third, fifth, sixth, and eighth causes of action for age discrimination, failure to prevent discrimination, and violation of the UCL and granted as...

Excerpt: ...Further Responses To Plaintiffs Demand For Production Of Documents And Things And Defendants' Appearance At Depositions. (Tentative Ruling Only) (Part 2 Of 2) Motion against BB&R denied as to RPD No. 33-44 (overbroad, fails to identify documents sought with reasonable particularity) 45, 46, 48 (overbroad, potentially invades privacy in employment records) and 47 (Overbroad, fails to identify documents sought with reasonable particularity) Mot...

Excerpt: ... Notice On Motions Relating To The Identity Of Marriage Counselors And MarriageRulings:Set for hearing on Wednesday, September 5, 2018, Line 9, DEFENDANT GEORGE PFLEGER's Motion For An Order Confirming The Legal Right To Review Unredacted Medical Records, Permitting Defendant To Subpoena Marriage Counselors For Appearance At Depositions With Production Of Documents On Shortened Notice Permitting Defendant To Subpoena Marriage Counselors Recor...

Excerpt: ...tations and internal quotation marks omitted); see Nativi, 223 Cal. App. 4that 317 ("A trial court must balance the various interests in deciding whether dissemination of the documents should be restricted."). "[T]he burden is on the party seeking the protective order to show good cause for whatever order is sought." Fairmont Ins. Co. v. Superior Court, 22 Cal. 4th 245, 255 (2000). But the movant cannot satisfy this burden by subm...

Excerpt: ...st Amended Cross Complaint. Cross‐defendant Victor Marquez's anti‐SLAPP Motion to Strike the third cause of action for attempted extortion in the first amended cross‐complaint filed by Elizabeth Sousa is denied. The merits of the motion will be addressed even though the motion was filed outside the 60‐day time period of CCP 425.16(f). Mr. Marquez received an extension of time to file his responsive pleading and reasonably believed tha...

Excerpt: ...avelers Indemnity Company's demurrer to both causes of action alleged in the first amended complaint filed by plaintiff Electrical Industry Service Bureau, Inc. is sustained without leave to amend as to the first cause of action for failure to pay on a payment bond and overruled as to the second cause of action for violation of the Unfair Competition Law. EISB filed this lawsuit after the expiration of the limitations period for a claim for f...

Excerpt: ...tation, false promise, deceit, and negligent infliction of emotional distress in the second amended complaint filed by plaintiff Trent Jason is sustained without leave to amend as to all those causes of action. As for the unfair competition claim, the SAC fails to allege facts showing that CSAA engaged in unfair, dishonest, deceptive or fraudulent practices with intent to defraud the public in violation of Civil Code 1711. As for the misrepresent...

Excerpt: ...st for a trial continuance is denied. Ms. Harris' proposed new claims (the abuse of process, injunction and a portion of her declaratory relief claims) alleging invalidity of the mechanic's lien and lis pendens are not actionable and thus she is denied leave to amend those claims. The filing of a mechanic's lien and a lis pendens are absolutely privileged. Ms. Harris is granted leave to allege her proposed new section 17200 claim and ...

Excerpt: ...s Inc As Does 2 And 102 Plaintiff Mint Collection-410-418 Jessie Street Condominium Owners' Association's motion for leave to substitute Patrick McNerney as Does 1 and 101 and Veritas Investments, Inc, as Does 2 and 102 is denied without prejudice to being refiled as an ex parte application if within the next two months the trial date is continued to a day on or after May 6, 2019. Any legal prejudice to Mr. McNerney and Veritas by the gra...

Excerpt: ...For Monetary Sanctions GRANTED in part. While the issue is close, the court concludes that CCP 2016.060 extends the discovery cutoff date from a Saturday to a Monday where the trial <0052005300520058005100 00480053004b00520055>a is fairly characterized as contention discovery which has limited but not no utility when served at the end of the discovery period. Most of the discovery requests are sufficiently narrowly tailored to seek only discovery...

Excerpt: ...private agreement to keep materials confidential could constitute an overriding interest for purposes of CRC 2.550 and assuming without deciding that the Lyft-Tokio agreement does constitute an overriding interest (but see CRC 2.551(a) ("The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.")), Lyft has not shown that this overriding interest will be prejudiced if the docume...

Excerpt: ...intiff Mark Makowiecki is: sustained without leave to amend as to the first cause of action for breach of the implied contract of continued employment and is overruled as to the remaining causes of action. Mr. Makowiecki has not opposed PG&E's demurrer to the first cause of action. As to the second cause of action for slander per se, Mr. Makowiecki has sufficiently alleged the substance of the slanderous statements and has alleged that they a...

Excerpt: ...back to the filing of the original complaint. The Unruh Act claim is based on the same general set of facts as plaintiff's other claims. The original, first amended, and second amended complaints all include allegations regarding the disparate treatment between homosexual and heterosexual actors. (Complaint, par. 28; First Amended Complaint, par. 31; Second Amended Complaint, par. 54.) The claims involve the same injury. The discriminatory co...

Excerpt: ...3001100150047000300 000f0003005a004b004c[ch remains good law, only slight evidence is necessary to find implied permission to operate a vehicle where a parent-child relationship is involved. (See also Pierce v. Standow (1958) 163 Cal.App.2d 286 (finding implied permission where the mother gave the keys to her son even though the mother expressly told the son not to drive the car).) No later than their receipt of the judicial arbitration award in ...

Excerpt: ...es to the discovery seeking information about his payment of bills sent to him by any attorneys other than defendants because that information is not relevant nor likely to lead to the discovery of any admissible evidence. Information about Mr. Berger's payment or non‐payment of other attorneys' bills does negate or tend to negate any element of any of Mr. Berger's claims or any of defendants' affirmative defenses. Mr. Berger ne...

Excerpt: ... Latin Grammar School, Inc. and Latin College Preparatory Charter School, Inc.'s motion to for attorneys' fees is denied. Defendants' successful motion to quash was not a determination on the merits of the case, but solely a ruling on whether they are subject to being sued in California on the claims of plaintiff Charter Asset Management Fund, L.P. The findings made on the motion to quash were made for the sole purpose of determining ...

Excerpt: ...ebruary 8, 2018 is granted unless plaintiff Vimlaben Patel agrees to entry of an amended judgment superseding the February 8 judgment in the amount of $21,325. Even if the February 8 judgment is not void, allowing it to remain in effect violates Mr. Patel's due process rights and would be a miscarriage of justice. The principal and prejudgment interest amounts in the February 8 judgment cannot be reconciled with Ms. Patel's verified compl...

Excerpt: ...nsurance Company #0352754659TGD and Copeland v. GEICO #0495428040101011) for all purposes. Ms. Copeland may file an amended complaint alleging all three claims in this case. Ms. Copeland has shown that there is likely to be substantial overlap of the evidence in this case and the two UIM cases warranting the consolidation of all three. The interests of judicial economy and avoidance of possible inconsistent results outweighs the insurers' int...

Excerpt: ...Set One (For Tentative Ruling Purposes Only Part 2 Of 2) 3. Plaintiff's burden and oppression objection to defendants' desired means of identifying ESI is sustained; plaintiff shall nevertheless reasonably identify all items produced, including the source of the original paper documents or ESI; 4. Plaintiff's work product objection is overruled; 5. Sanctions are denied; 6. Counsel to moving parties shall submit a proposed order in Wor...

Excerpt: ...#39;S Verified Responses <0055000300370048005100 0058004f004c0051004a> Purposes Only. Part 2 Of 2) In summary, the Court finds that plaintiff's motion must be denied because plaintiff has failed to establish factual grounds for the motion to compel and has further failed to establish the requisites for any other relief. Neither party requested sanctions and none will be awarded. Any party who contests a tentative ruling must send an email to ...

Excerpt: ...s to the first and second causes of action for general negligence and premises liability and granted as to the third cause of action for products liability. Plaintiff Kara Esborg's complaint frames the issues which need to be addressed in a summary motion. Ms. Esborg's complaint alleges: 1) that she collided with one or more low hanging wires attributable to Comcast; 2) Comcast negligently constructed, installed, monitored and maintained ...

Excerpt: ...bute to Mr. Rodriquez's claimed injuries and, even if it did, there is a triable dispute whether its negligent exercise of retained control affirmatively contributed to Mr. Rodriquez's claimed injuries. (Hooker v. Department of Transportation (2002) 27 Cal.4th 198, 212, fn.3, and 214.) Fairly read, the complaint seeks to impose liability based on the exception to the Privette doctrine articulated in Hooker. The evidence on this motion als...

Excerpt: ...ause he did not make this motion within a reasonable time and he has not shown that the judgment was entered against him due to mistake, inadvertence, surprise or excusable neglect. Mr. Bonnici is not entitled to CCP 473(b) mandatory relief from the judgment based on his attorney's declaration of fault because the declaration of Mr. Molinari fails to attest to his or his office's fault that led to the entry of the judgment. Nowhere in the...

Excerpt: ...dant Chipotle Services, LLC's motion for reconsideration of the June 6, 2018 order denying its petition to compel arbitration is granted and, after reconsideration, plaintiff Rebecca Camping is required to arbitrate all of her claims except her PAGA claim and this case, including the non‐arbitrable PAGA claim, is stayed pending the completion of arbitration proceedings. The declaration of Hadley Brink, which relies on statements made by Ms....

Excerpt: ...tion for violation of Business & Professions Code 17200 is granted with twenty days leave to amend. Plaintiff Ralph Oliverio's request to hold this motion in abeyance until he files a motion for reconsideration is denied. This motion is ripe for resolution now based on the complaint filed by Mr. Oliverio and there is no persuasive explanation why an unfiled motion will have any effect on the sole issue on this motion whether the second cause ...

Excerpt: ...f action for breach of contract, common counts, and fraud and is sustained with twenty days leave to amend as to the fourth cause of action for violation of Bus. & Prof. Code 17200. Liberally construed, the FAC sufficiently alleges breach of an oral contract and common counts by pleading the legal effect of the relevant terms of the oral agreement and Uber's conduct breaching that agreement: Uber's promise to pay with debit cards and repl...