Excerpt: ...dge Stephanie Krmpotic, 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 m...

Excerpt: ...misrepresentation alleged against her in the complaint filed by plaintiff Don Tucker is denied. Per California law, an insured has a claim against an adjuster who is employed by an insurer based on a misrepresentation made by the adjuster. Ms. Frazier's asserted statement that "there is no coverage for this loss, as the work was taking place at a residence in San Francisco and there is a full residential exclusion on that policy" is a...

Excerpt: ...r Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826. However, plaintiffs created a triable issue of fact as to whether Wismer employees exposed decedent to asbestos dust based on Hanson's testimony that he worked with decedent at Aerojet and that Wismer employees removed insulation and swept up the mess in close proximity to his crew. (Plaintiff's Ex. B (Hanson's July 5, 2018 Deposition) at 26‐29, 33‐37, 39, 43‐44, 58‐59...

Excerpt: ...ed without prejudice to being refiled based on a better evidentiary record. Mr. Quirke again fails to present substantial evidence showing a rough approximation of plaintiff's recovery and Mr. Quirke's proportionate liability at the time of the settlement in September of 2016. The addition of the declarations of Mr. Price and Mr. Stokes do not cure the evidentiary gap that existed in the prior good faith motion. At most, they show that Mr...

Excerpt: ...vember 6, 2013 are set aside. Mr. Mar has shown good cause for setting aside the default and default judgment based on extrinsic fraud as a result of the filing of a proof of service of the summons and complaint on him based on invalid substituted service. Mr. Mar has shown that he did not reside at or have a place of business at the address where he was purportedly substitute served on the date of the purported service and he had no knowledge of...

Excerpt: ... alternative motion for summary adjudication are denied in their entirety. There is a triable dispute whether plaintiff Arkady Berger sustained any contract or tort based on (1) the statement in Mr. Berger's declaration that he was not fully credited for sanction awards resulting in his being "under‐credited" by approximately $4,500; and (2) defendants did not distribute to Mr. Berger the portion of the interest on the attorney'...

Excerpt: ...torney's fees allegations. The battery claim is a sufficient predicate to support Mr. Kavanaugh's request for punitive damages. Mr. Kavanaugh's amended complaint does not identify any statutory, contractual, or legal basis for the recovery of attorney's fees. Moreover, since Mr. Kavanaugh is self-represented, he cannot recover fees. (Gutierrez v. G&M Oil Company, Inc. (2010) 184 Cal.App.4th 551, 561.) Any party who contests a tent...

Excerpt: ...er to the first, second and third causes of action in the complaint filed by plaintiffs Andrea Mangan and Carole Morton is overruled as to all three causes of action. The dissolution claims are adequately alleged. Per Corporations Code 1800(a) and (b)(4), Mr. Desaulniers' shares are excluded when determining whether Ms. Mangan and Ms. Morton have a sufficient interest for standing because they accuse him of persistent unfairness and fraud. On...

Excerpt: ...eges that Mr. Mohanna is "currently in possession of and occupying the property." The court accepts that allegation as true and Mr. Mohanna does not cite portions of the complaint nor judicially noticeable facts that indisputably show that paragraph 3 is false. (Aubry v. Tri‐City Hosp. Dist. (1992) 2 Cal.4th 962, 966‐967 ("The reviewing court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all...

Excerpt: ...trike is GRANTED WITHOUT LEAVE TO AMEND. Emotional distress damages are not available for a malpractice cause of action. (Smith v. Sup. Ct. (1992) 10 Cal.App.4th 1033, 1038‐39; Merenda v. Sup. Ct. (1992) 3 Cal.App.4th 1, 9‐11.) Page 33, lines 8‐9 (breach of fiduciary duty): GRANTED WITH LEAVE TO AMEND. Plaintiff pleads that he "suffered?emotional distress, including punitive damages." However, the FAC nowhere pleads that plaintiff s...

Excerpt: ...etary Sanctions Pursuant To Cal. Code Civ. Proc. 2025.450 And 2025.480 ro 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 stipulat...

Excerpt: ... for summary adjudication on all causes of action in the first amended complaint filed by plaintiff Annette Elliott is granted as to all five causes of action and Ms. Elliott is granted leave to amend to file a second amended complaint only alleging a single cause of action for negligence based solely on the alleged negligent hiring, training and supervision of the Regents' employees subject to the conditions stated in the order on Ms. Elliot...

Excerpt: ...tlement with plaintiff Lynne Crawford is granted and the valuation of the assignment of Mr. Lis' cross‐claims is reserved till trial. Two subcontractors filed "conditional oppositions" which did not oppose the granting of this motion provided that the valuation of the assignment of Mr. Lis' cross‐ claims against them is not determined now and is reserved till trial. Deferring valuation of all of Mr. Lis' cross‐claims til...

Excerpt: ...ons: a) Ms. Jefferson may file a second amended complaint no later than July 23, 2018 only alleging a single cause of action for negligence based solely on the alleged negligent hiring, training and supervision of the Regents' employees; b) at the same time Ms. Jefferson files her second amended complaint she must serve verified responses without objections to deem-served discovery to state all facts that support her sole remaining claim, ide...

Excerpt: ...tion to continue the hearing on the motion is also denied. The declaration of Dr. Gavi shows that there is a triable dispute whether the conduct of the PAFMG's physicians fell below the standard of care in failing to conduct a neurological examination and order a cervical MRI before May 2015. PAFMG has not satisfied its summary motion burden to proffer admissible expert evidence on the issue of causation. (Sanchez v. Kern Emergency Medical Tr...

Excerpt: ...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 by ...

Excerpt: ...roduction Of Documents Set Two, Verification Privilege Log, Supplemental Response, And Monetary Sanctions. (For Tentative Ruling Purposes Only, Part 2 Of 2) Fairmont is therefore hereby ordered to provide Further Supplemental Responses to RPD Nos. 1-18 within seven days from the date of this Order, said further supplemental responses to be verified. The Further Supplemental Responses shall include no objections, the objections having been overrul...

Excerpt: ...of California to revoke Dr. Abedi's physician and surgeon's certificate. The record demonstrates that Dr. Abedi violated his probation on August 14, 2017 when he missed a biological fluid testing appointment. Dr. Abedi's claim that he was too sick to attend the appointment or contact his monitor lacks credence because he informed his work the same day that he could not appear. (RT I, 19:5‐15; RT II, 42:13‐17.) Dr. Abedi also viola...

Excerpt: ...tion to set aside the judgment and order granting defendant City and County of San Francisco's motion for summary judgment is granted. Ms. Hogan has shown that she is entitled to discretionary relief per CCP 437(b) because her mistaken belief that the November 2, 2017 order continuing the trial date also continued the date of her opposition to the City's motion for summary judgment was made in good faith and was reasonable in light of the...

Excerpt: ...hem, are enjoined from 1) withdrawing, transferring or using any funds in Wells Fargo Bank Account Nos. 6403387514 and 4155001278 for any purpose other than for the sole benefit of GICC per a request made by a board member of GICC; and 2) taking any action to sublease, license or occupy any space currently occupied by the GICC under the terms of the GICC license granted by the California Department of Social Services. Plaintiffs have shown that t...

Excerpt: ...dent Medical Board provided a hearing to Dr. Vederman to enable him to contest the Board's position that he violated the terms of his probation by failing to engage in "activities defined in sections 2051 and 2052 of the Business and Professions Code." Dr. Vederman fails to show that the Board's findings that he did not participate in activities encompassed with sections 2051 and 2052 were contrary to the weight of the evidence. T...

Excerpt: ...ablishes that a section 397(c) motion must be filed within a reasonable time after the case is at issue. At this stage of the consolidated cases, when more than twenty months have elapsed since defendants filed an answer to the complaint in the first filed action and less than six weeks to trial, it would be extremely unfair and prejudicial to plaintiffs for these cases to be transferred to another county. Therefore, defendants' failure to fi...

Excerpt: ... days leave to amend. Regional Protection clarified that it is only seeking punitive damages against US Security on the third cause of action for interference with contractual relations. The third cause of action fails to allege sufficient ultimate facts to support punitive damages. If it can do so in good faith, Regional Protection is granted leave to allege facts showing that one or more officers, directors, or managing agents of US Security ac...

Excerpt: ...4) As of that date in October 2015, based on allegations in its prior complaints which are binding on it for purposes of this demurrer, CDC knew that the entity it contracted with had a different legal name: "Webcor Construction, Inc." As CDC has alleged in paragraph 25 of the SAC, learning information that a different entity constructed the Hotel than the entity it had believed to be the entity who actually constructed the Hotel "cau...

Excerpt: ...he Bard defendants have shown good cause for the continuance. A trial continuance is further supported by the tentative ruling granting plaintiff Wayne Ruden's motion for leave to file his proposed fourth amended complaint which, assuming the tentative ruling is confirmed, the Bard defendants likely need some or all of the additional time afforded by the trial continuance to determine whether to file a summary motion directed to the new claim...

Excerpt: ...#39;s petition to confirm contractual arbitration award is granted. Mr. Friend is entitled to judgment in his favor against respondents J Garcia Carrion, S.A. and CIV USA Inc., jointly and severally, in the amount of $2,743,903, plus 10% interest thereon from and after July 31, 2018 compounded annually. Judicial review of contractual arbitration awards is limited to "those cases in which there exists a statutory ground to vacate or correct th...

Excerpt: ...earing. Defendants Crystal Lei and Bryant Fu's motion for an order requiring vexatious litigant Demas Yan to post security is granted. Per CCP 391.3 and 391.4, unless Mr. Yan furnishes acceptable security in the amount of $50,000 for the benefit of Ms. Lei and Mr. Fu no later than July 31, 2018, this case will be dismissed as to Ms. Lei and Mr. Fu on August 1, 2018. Per CCP 391.6, this case is stayed until July 31, 2018 or the date as Mr. Yan...

Excerpt: ...etermination Of Good Faith Settlement And Order Dismissing And Barring Cross‐Complaints; Memorandum Of Points And Authorities In Support Thereof; Declaration Of Sergio W. Stevens In Support ThereofRulings:Matter on calendar for Friday, June 29, 2018, Line 5, DEFENDANT FIFTH HISTORIC PROPERTIES, LLC,, MARTIN MCNERNEY DEVELOPMENT, INC.,, 418 JESSIE HISTORIC PROPERTIES, LLC,, 418 JESSIE PROPERTIES, LLC, Motion And Limited Motion To Contest Broadwa...

Excerpt: ...ash service of the second amended complaint on counsel for Cal Wellness is granted. The apparent mistake of counsel for plaintiff Stephen Massey in believing that service of the second amended complaint on counsel for Cal Wellness was sufficient to require Cal Wellness to respond to the second amended complaint is not a basis to preclude Mr. Massey from seeking any relief against Cal Wellness, especially given the lack of any legal prejudice to C...

Excerpt: ...s 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 not all p...

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 b...

Excerpt: ...se of action" ‐ CCP ?430.10(e). The demurrer is OVERRULED. At a minimum, a petition for writ of mandate is adequately pled. Procedures applicable to demurrers in ordinary civil actions also apply to administrative mandamus proceedings. (See CCP ?1109.) Thus, I may consider only the pleading's contents, and all of its allegations are deemed true. (Kleiner v. Garrison (1947) 82 Cal.App.2d 442, 445.) The secretary requests that I adopt his...

Excerpt: ...Trial (TRG 2016) ?7:65.) Defendants' reply brief asserts that jurisdiction is lacking over the Poe plaintiffs, but this is not a ground stated in defendants' demurrers. Plaintiffs adequately plead alter ego and veil piercing theories. Defendants say these claims will not be proven, but such argument is not for the pleading stage. Under these theories, a court may disregard the corporate entity and treat the acts as if they were done by th...

Excerpt: ... action at issue and to dismiss or stay this court action. In their construction contract's arbitration agreement, the parties stipulated that "this agreement to arbitrate shall be governed by the Federal Arbitration Act." A trial court's "only option in these circumstances is to stay the court proceeding and compel the arbitration." (Rodriguez v. American Technologies, Inc. (2006) 138 Cal.App.4th 1110, 1115.) As here, the...

Excerpt: ...E. Plaintiffs filed their complaint in unredacted form back on April 30. For the eight‐plus weeks since then, the complaint has been publically available on the Court's register of actions ‐ apparently waiving any confidentiality that could ever have existed. Further, my review of the public complaint finds no immediately apparent "overriding interest that overcomes the right of public access to the record." (See CRC 2550.) I also...

Excerpt: ...n the alternative, summary adjudication on their complaint for a tax refund. Plaintiffs assert that defendant California Franchise Tax Board did not mail them a notice of proposed assessment (NPA) for a purported 2009 tax deficiency and, even if it did, the NPA was mailed to the wrong address, voiding the assessment. In February 2014, an FTB tax auditor notified the Silvas' tax representative, CPA John Lavorato, that the FTB's audit of th...

Excerpt: ...ed complaint and to reopen discovery is granted on specified conditions that plaintiffs must accept in writing before the hearing or orally at the hearing and, if they does not, the motion is denied. The conditions on the granting of this motion are: 1) the trial is continued to March 18, 2019 at 9:30am in department 206 with all discovery deadlines triggered off the new trial date; 2) plaintiffs must pay $3,000 to defendants FCA US LLC and Chrys...

Excerpt: ...a Meats (2004) 121 Cal. App. 4th 1238, a decision of the First District which has not been overruled or criticized by any published authority, holds that a claim brought by a minority shareholder alleging that payments made by a corporation to a majority shareholder were in the form of excessive compensation to the majority shareholder and can be the basis of an individual claim on behalf of the minority shareholder against the majority sharehold...

Excerpt: ...tract E: Failure To Defend And Fifth Cause Of Action For Declaratory Relief Re: Duty To Defend. Cross‐complainant City and County of San Francisco's motion for summary adjudication on its third and fifth causes of action for breach of contract and declaratory relief for a duty to defend against cross‐defendant Thyssenkrupp Elevator America is granted. Based on the undisputed facts, the City is entitled to an order that Thyssenkrupp is obl...

Excerpt: ...the summons and complaint filed by plaintiff Golden State Broadcasting, LLC states that Mr. Malvar was substitute served at a UPS store on the last possible day to effect service to avoid the mandatory 3 year period for service. While not argued by GSB, substitute service on an individual is permitted at a UPS store without need for a showing that personal service could not be made after reasonable diligence per CCP 415.20(c). However, this form ...

Excerpt: ... discovery is granted on specified conditions that Mr. Witt must accept in writing before the hearing or orally at the hearing and, if he does not, the motion is denied. The conditions on the granting of this motion are: 1) the trial is continued to March 4, 2019 at 9:30am in department 206 with all discovery deadlines triggered off the new trial date; 2) Mr. Witt must pay $10,000 to defendants FCA US LLC and Crown Automotive, Inc. no later than ...

Excerpt: ...mplaint filed by plaintiff Trent Jason is: a) overruled as to the first, second, and third causes of action for breach of contract, breach of implied covenant of good faith and fair dealing, and insurance bad faith for failure to properly investigate a claim; b) sustained with twenty days leave to amend as to the fourth through seventh and ninth causes of action for unfair competition, misrepresentation, false promise, fraud, and negligent inflic...

Excerpt: ...st amended complaint are sustained with 20 days leave to amend. Plaintiff is given one last opportunity to attempt to plead with particularity one or more coherent fraud claims for intentional misrepresentation and/or concealment/partial disclosure. The fifth, sixth and tenth causes of action are currently a jumble of those two distinct fraud claims, improperly refer to a fiduciary relationship, and refer to misrepresentations which occurred afte...

Excerpt: ...inst them by plaintiff Gilberto Robles Vasquez complaint is granted as to both defendants. The undisputed facts show that Bosa CA did not direct the manner of the work performed by E&S and did not directly participate in that work. A "hirer's failure to correct an unsafe condition, by itself, does not establish an affirmative contribution." (Khosh v. Staples Construction Company, Inc. (2016) 4 Cal.App.5th 712, 718). Ray v. Silverado C...

Excerpt: ... is granted. Per CCP 391.3 and 391.4, unless Mr. Yan furnishes acceptable security in the amount of $50,000 for the benefit of Ms. Lei and Mr. Fu no later than July 31, 2018, this case will be dismissed as to Ms. Lei and Mr. Fu on August 1, 2018. Per CCP 391.6, this case is stayed until July 31, 2018 or the date as Mr. Yan furnishes the required security, whichever occurs first. Ms. Lei and Mr. Fu have shown that Mr. Yan is a vexatious litigant w...

Excerpt: ...personal jurisdiction over Mr. Schwartz per specific jurisdiction principles. Mr. Schwartz purposefully availed himself of the benefits of California and his California contacts relate to plaintiffs' fraud claims. Plaintiffs presented evidence that Mr. Schwartz traveled to California for a meeting with Mr. Chung to discuss Frankly, Inc.'s acquisition of WorldNow Media, forwarded Mr. Chung's emails to plaintiffs, and sent WorldNow empl...

Excerpt: ...um's motion for summary judgment on the second amended complaint filed by plaintiff Nripendra Dhillon is denied as to the first cause of action for retaliation which is only alleged against the Regents and is granted as to the second cause of action for intentional infliction of emotional distress which is only alleged against Dr. Basbaum. Liberally construing the evidence presented by Dr. Dhillon, that evidence creates a triable dispute whet...

Excerpt: ...ce in trying to personally serve Mr. Devesa after finding out that Mr. Devesa no longer lived at his last known address by attempting service two times at the address for MedWhat.com Inc. listed on its website, a company that Mr. Davesa served as CEO, and three times at the address for Mr. Devesa's other company, Linda HealthCare Corporation Corp, listed on the company's website. Plaintiffs' subsequent substituted service at the addre...

Excerpt: ...e Company S Special Motion To Strike Plaintiffs Complaint Pursuant To Code Civ Proc 42516. The insurers' anti-SLAPP motion to strike is DENIED. The insurers meet prong 1 of the anti-SLAPP statute. Plaintiffs' complaint includes numerous references to the insurers' communications with counsel during the federal action and asserts them as a basis for liability. (Complaint, pars. 9, 103-112). Plaintiffs' complaint does more than make...

Excerpt: ... each independently sufficient. First, APS&EE's memorandum violates the 15‐page limit. (CRC 3.1113(d)). Second, granting the motion would only increase costs for all parties and this Court. APS&EE concedes that (1) the relief sought by the proposed settlement is appropriate and (2) its only interest is in attorney fees and costs for a less‐comprehensive Proposition 65 case it filed against the same defendant in Los Angeles. APS&EE cites n...

Excerpt: ...;s asserted second cause of action for punitive damages is not a separate claim from his first cause of action for defamation for purposes of this motion. Mr. Cho and Mr. Bae satisfied their first prong burden of showing that the advertisement in the Korea Times was made in a public forum in connection with an issue of public interest (CCP 425.16 (e)(3).) Weinberg v. Feisel (2003) 110 Cal.App.4th 1122 is distinguishable. There, the defendant beli...

Excerpt: ...Amended Complaint, For An Order Dismissing Class Claims, And Approval Of Notice To Class Members. Plaintiffs' motion for leave to file a second amended complaint, for an order dismissing class claims, and for approval of notice to class members is granted in its entirety. Defendants Harcourt Group, LLC and Sojourn Properties, Inc. do not object to the dismissal of the class claims and in light of the affirmance of the denial of class certific...

Excerpt: ... plaintiff Anthony Lee is overruled. The allegations supporting the conversion claim are similar to the allegations that were found to be sufficient to allege a viable conversion claim in Sanowicz v. Bacal (2015) 234 Cal.App.4th 1027. Mr. Lee alleges that, per the Compensation Agreement, defendants owe him at least 12.72% of the 25 million XRP options and/or corresponding XRP; the defendants converted Mr. Lee's property by wrongfully withhold...

Excerpt: ... possess and cannot reasonably obtain evidence that decedent Jeffrey Ebbesen was exposed to asbestos‐containing products or materials attributable to Defendant. Plaintiffs' discovery responses are not factually devoid under Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826. If a hearing is requested, it will be at 9:30a.m. A court reporter will not be provided by the court. If any party wishes to have the matter reported, the parties ...

Excerpt: ...a. Plaintiff Cheryl Luna acted with reasonable diligence in trying to personally serve Mr. Saranga by attempting service at his home address nine times, including three occasions when a guard confirmed that Mr. Saranga lived in the apartment where personal service was attempted. Although the process server did not subserve a competent household member, leaving the papers with the guard on duty constituted substantial compliance with the statutory...

Excerpt: ... or, in the alternative, motion for summary adjudication of issues is denied in its entirety. As to issues 1, 2, and 4, there are triable disputes whether the assertedly harassing conduct was sufficiently severe or pervasive to constitute sexual harassment and whether Bloomingdale's failed to prevent the harassment. The record is replete with offensive comments and Ms. Kalantari complained about them to Bloomingdale's. (Kalantari Depo. 10...

Excerpt: ...gainst them on October 24, 2017 is granted. The defaults are now vacated. Moving defendants have shown that they are entitled to the relief they seek per CCP 473(b). Very slight evidence is required to support vacating defaults and doing so comports with California's strong policy of deciding cases on their merits. (Shamblain v. Brattain (1988) 44 Cal. 3d 474, 478). Nor has plaintiff Golden State Broadcasting, LLC shown that it would suffer a...

Excerpt: ...ontract claim and relief on a motion for summary judgment may not be granted on an unalleged claim. As was stated in the April 2, 2018 order denying Mr. Elder's CCP 664.6 motion, Mr. Elder has not shown that the parties entered into a settlement. In particular, Mr. Elder failed to show that the asserted agreement complied with SF Charter 6.102, was signed by the City, approved by SFPD, which is a condition specifically set forth in the assert...

Excerpt: ...10(A)(2)]. Defendant/Respondent Minnesota Lawyers Mutual Insurance Company's ("Minnesota") motion to stay or dismiss action based on forum non conveniens is GRANTED. The court orders this action STAYED pending resolution of Modell's petition for assumption of jurisdiction over trust presently pending in Maryland. The court grants Minnesota's supplemental request for judicial notice. Berman is a California resident, but Minneso...

Excerpt: ...mary adjudication is denied as to the first cause of action for dangerous condition of public property and granted as to the second, third and fourth causes of action for vicarious liability for employee, vicarious liability for independent contractor, and failure to discharge mandatory duty. The City's argument that natural condition immunity bars plaintiffs' claim for dangerous condition of public property lacks merit. There is a disput...

Excerpt: ...sion Systems, LLC is denied. Defendants have not shown on this pleading motion that the allegations regarding the Orange County case are irrelevant or legally prejudicial to them. This ruling is merely a decision at this stage of the case not to strike the references to the Orange County case in the complaint. It is not, and should not be taken, as an indication on how the court would rule on other matters pertaining to the Orange County case, su...

Excerpt: ...Marine Services Company, LLC, a Delaware Limited Liability Corporation's motion for summary judgment is denied. Defendant failed to sustain its burden of demonstrating that Plaintiff does not possess and cannot reasonably obtain evidence that he was exposed to asbestos‐ containing products or materials attributable to Defendant. Statements made during the deposition of William Jellyman preclude Defendant from successfully invoking the factu...

Excerpt: ...ly obtain, clear and convincing evidence that defendant acted with the requisite malice, fraud or oppression to warrant the imposition of punitive damages. Plaintiff's responses to defendant's special interrogatories preclude defendant from successfully invoking the factually devoid prong of Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826. If a hearing is requested, it will be at 9:30a.m. A court reporter will not be provided by t...

Excerpt: ...nt Anthony Lee's anti-SLAPP motion to strike both causes of action alleged in the cross-complaint filed by Hosie Rice LLP, Spencer Hosie, and Diane Rice is granted as to both causes of action. Mr. Lee satisfied his first prong burden of showing that both causes of action arise from petitioning activity protected by the anti-SLAPP statute. Mr. Lee commenced his action to recover fees on January 3, 2017. Paragraphs 43-44 of the cross-complaint ...

Excerpt: ...t in favor of defendant City and County of San Francisco was erroneous. After another full review of the moving, opposition and reply papers on the summary judgment motion as well as review of the papers filed on this motion, the court remains of the view that the undisputed facts establish that the physical characteristics of the intersection do not constitute a dangerous condition of public property, whether considered separately or in conjunct...

Excerpt: ... Ms. Copeland failed to provide admissible evidence that this case has a significant relationship with the two uninsured motorist arbitrations to warrant denial of the insurers' contractual right to have the uninsured motorist claims determined by arbitration. The only evidence submitted by Ms. Copeland regarding the relationship between this case and the two uninsured motorist arbitrations is her counsel's belief based on the hearsay sta...

Excerpt: ...granted without leave to amend but without prejudice to plaintiffs' filing a motion for leave to add punitive damages allegations if plaintiffs later obtain information that defendants' employees and defendants acted in a way that supports punitive damages liability against either or both of the defendants. The complaint does not allege facts showing either malice, fraud or oppression by defendants' employees or conduct by defendants ...

Excerpt: ...se of action for breach of the implied warranty of merchantability and sustained with twenty days leave to amend as to seventh cause of action for fraud by omission. The implied warranty claim is barred by the four year statute of limitations. Commercial Code 2725(2) provides that: "A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender...

Excerpt: ...secution is denied. California favors a policy of disposing of cases on the merits. (CCP 583.130.) Weighing the factors set forth in CRC 3.1342, dismissal is not warranted for plaintiff's delay in formally serving Rodrick. This case involves a simple trip and fall and the incident occurred in December of 2013. Rodrick was first notified of the claim in April 2014 when plaintiff's counsel contacted the claims representative from Rodrick...

Excerpt: ... Ngo's motion to set aside default and default judgment is granted. The default entered against Mr. Ngo on August 23, 2017 and the default judgment entered against him on September 21, 2017 are vacated. Mr. Ngo has shown good cause for granting this motion per CCP 473.5. (Shamblin v. Brattain (1988) 44 Cal. 3d 474, 478 ("when a party in default moves promptly to seek relief, very slight evidence is required to justify a trial court's ...

Excerpt: ...up, Inc.'s motion for summary adjudication on plaintiff Jane Doe's request for punitive damages is granted. The undisputed facts show that Diane Easterwood, was not an employee of TPMG. (Easterwood Dec. 2; Easterwood Depo. p. 9). Unlike Davis v. Kiewit Pacific Co. (2013) 220 Cal.App.4th 358, 371 where the person in charge of investigations under the company HR policy was an employee of the defendant, Ms. Easterwood was not an employee, di...

Excerpt: .... Defendants StubHub, Inc. and eBay Inc.'s motion to compel arbitration is denied. Ms. Wang's claims seek statutorily authorized public injunctive relief and thus fall within the scope of McGill. The FAL, UCL, and CLRA serve a public purpose, provide for public injunctive relief and thus, per McGill, a plaintiff's right to seek an injunction on behalf of the public pursuant to these statutes cannot be waived by an arbitration agreement. (McGill v...

Excerpt: ...ion to strike the request for punitive damages in the complaint filed by plaintiff Destiny Ekwueme is granted without leave to amend but without prejudice to filing a motion for leave to amend later in the case if Ms. Ekwueme is able to allege in good faith sufficient facts to show that Mr. Buhrz and/or Big Hair is liable as an employer for punitive damages per Civil Code 3294(b). While the failure of night club security personnel to intervene to...

Excerpt: ...ague, and Robert Cain's motion for summary adjudication against M.C. Plastering Co., Inc. on the issue of duty to defend is continued to June 14, 2018 to give the moving parties and all whom they contend owe them a duty to defend to work out an agreement "how such a defense should be provided or financed." (Crawford v. Weather Shield Mfg. Inc. (2008) 44 Cal.4th 541, 565, n.12.) . Per the indemnification provision of its contract with ...

Excerpt: ... Holdings, LLC has not shown that defendants directed their activities at California residents or purposefully availed themselves of the benefits of the California. (Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4th 434, 446). Believe Wireless does not advertise in California, does not provide services in California, does not maintain an office in California and is not registered to do business in California. The fact that defendants ...

Excerpt: ... pending in the Court of Chancery in the state of Delaware is granted. Per this court's authority to stay a later filed action in favor of a related previously filed action, this case is stayed pending the completion of the Delaware case or further order of this court. Judicial economy is disserved by the concurrent prosecution of two lawsuits involving the same parties seeking damages against each other in two different fora approximately 30...

Excerpt: ...ation and stay proceedings is denied. The arbitration agreement is unconscionable and severance of the substantively unconscionable provisions is not possible because the entire agreement is permeated with unconscionability. The New York choice of law provision is unconscionable and California law applies. (Pinela v Neiman Marcus Group (2015) 238 Cal.App.4th 227, 246‐247). The arbitration agreement is procedurally unconscionable. Subcontracting...

Excerpt: ...vernment Enforcement case" brought by the City, but he does not believe that disqualifies him from deciding motions in this case. Plaintiffs Bennett Goldberg and Linda Kuckuk's motion to compel further responses to requests for production of documents is granted in part. Defendant Stephens Institute is required to: a) provide further responses and produce all documents responsive to requests 2 and 3; b) provide further responses and produ...

Excerpt: ...d 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 sign given by email....

Excerpt: ...s is denied. The precedential decisions of the California State Personnel Board on issues of general application within Board's constitutional authority are entitled to considerable deference per Yamaha Corp. of America v. State Bd. of Equalization (1998) 19 Cal.4th 1, 7. The double jeopardy rule invoked by petitioners is based on the Board's own precedential decisions and is not grounded in a constitutional or statutory provision. While ...

Excerpt: ...etion or its findings are contrary to the weight of the evidence. The DMV properly admitted the DS‐ 367 officer's statement under Evidence Code 1280 as a public employee record. (Jackson v. Department of Motor Vehicles (1994) 22 Cal.App.4th 730, 737.) The failure of Officer McFall to sign the first page of the officer's statement that referred to objective symptoms of intoxication does not render the statement untrustworthy and inadmiss...

Excerpt: ... QUIZNOS FRANCHISING II, LLC, AND QIP HOLDER, LLC's Motion To Compel Defendant Triton Subs, Inc. To Provide Further Responses To Special Interrogatories Set Seven Request For Monetary Sanctions Against Defendant Triton Subs, Inc., In The Amount Of 1,050.00. Plaintiff Fireman's Fund Insurance Company's motion to compel defendant Triton Subs, Inc. to provide further responses to special interrogatories (set seven) and for monetary sanct...

Excerpt: ...agree that, if this case is litigated in Florida that California law, not Florida law, will govern the claims of plaintiff Aryan Davani and defendants' defenses, including California law regarding statute of limitations and exceptions thereto. If defendants so agree, they must file a document so stating by June 7, 2018. If defendants so agree, the court will stay this case pending the conclusion of the Florida case. Absent such an agreement, ...

Excerpt: ...iens is denied. A corporate defendant's principal place of business is presumptively a convenient forum. (Nat'l Football League v. Fireman's Fund Ins. Co. (2013) 216 Cal. App. 4th 902, 917.) Where the plaintiff is a California resident, the plaintiff's choice of a forum should rarely be disturbed unless the balance of public and private interest is strongly in favor of the defendant. (Id.) Uber, a California corporate resident, ha...

Excerpt: ...ithout prejudice to Mr. Mekbeb seeking leave to amend if and when he is able to allege facts that are sufficient to impose punitive damages liability on Uber per Civil Code 3294(b). Accepting the allegation that Uber is the employer of defendant Clarence Lalaind, Jr. as true, the FAC fails to allege sufficient facts to show any of the grounds on which an employer may be liable for punitive damages. Nor does it appear that it is reasonably possibl...

Excerpt: ...oses of Civil Code 3294(c)(1) and no case construing that subsection holds to the contrary. 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 Mr. Gomes is required to prepare a pr...

Excerpt: ... 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 be signed via fa...

Excerpt: ...iff suing under the fictitious name of John Smith is granted as to the sixth through eighth causes of action and denied as to the ninth and tenth causes of action. Plaintiff concedes that at the trial court level his seventh cause of action for malicious prosecution should be stricken per the anti-SLAPP statute. Ms. Chan and API satisfied their first prong burden of showing that the sixth cause of action for defamation and the eighth cause of act...

Excerpt: ...Motion For Order To Seal Unredacted Portions Of Plaintiff'S Complaint and for Sanctions Under Ccp 177.5. Defendant State Compensation Insurance Fund's motion for order to seal unredacted portions of plaintiff's complaint and for sanctions is continued to May 29, 2018 to give State Fund an opportunity to substantively respond to the argument in plaintiffs' opposition memorandum that sealing of the settlement agreement is contrary t...

Excerpt: ...d without prejudice to Mr. Miranda addressing the deficiencies in the moving papers in a re‐filed motion, if he can do so in good faith. The moving papers fail to provide a sufficient quantitative or qualitative analysis of any of the asserted violations of the Labor Code which form the basis of Mr. Miranda's PAGA claims. Nor do the moving papers provide a sufficient explanation why Mr. Miranda is receiving any payment, much less $30,000, f...

Excerpt: ... of real party in interest Tanesh Nutall is overruled as to the first cause of action for violation of the Unruh Act and sustained with ten days leave to amend as to the second cause of action for violation of Government Code 11135(a). Liberally construed, the complaint sufficiently alleges facts that show that, at the time of the alleged discrimination against Ms. Nutall, the City was conducting itself as a "business establishment" withi...

Excerpt: ...second causes of action seeking declaratory relief that the San Francisco County Transportation Authority is subject to the San Francisco Sunshine Ordinance lack merit. The SFUFC is an agency of the State of California and thus is exempt from a local ordinance such as the Sunshine Ordinance. Moreover, the language of the Sunshine Ordinance makes clear that the SFTCA is not covered by that Ordinance. SFUFC's argument that the Bay Area Bill pro...

Excerpt: ...alleged by plaintiff Steven McIlroy must be resolved by arbitration per the parties' agreement and this case is stayed pending the conclusion of the arbitration proceedings. Assuming without deciding that the arbitration agreement is procedurally unconscionable, it is nonetheless enforceable because it is not substantively unconscionable. The attorneys' fees and costs provision is not substantively unconscionable because it bars the arbit...

Excerpt: ...ation and stay proceedings is granted in its entirety. All claims alleged by plaintiff Garrett Callen must be resolved by arbitration per the parties' agreement and this case is stayed pending the conclusion of the arbitration proceedings. Assuming without deciding that the arbitration agreement is procedurally unconscionable, it is nonetheless enforceable because it is not substantively unconscionable. The attorneys' fees and costs provi...

Excerpt: ...ory Charter School, Inc.'s motion to quash is granted as to both defendants. Plaintiff Charter Asset Management Fund, L.P. has not shown that either Christopher Clemons or Erica Anthony had actual or ostensible authority to bind LGS and LCP when they signed the factoring agreements. LGS and LCP did not retain either Mr. Clemons or Ms. Anthony with regard to the factoring agreements nor did they give them authority to enter into those agreemen...

Excerpt: ...en 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 sign given...

Excerpt: ..., summary adjudication on its sole cause of action for money due on dishonor of check against defendants Paul Han Kim and In Ju Kim is denied. Wells Fargo has provided insufficient evidence to satisfy its burden of showing that it is a holder in due course. In particular, Wells Fargo fails to provide any evidence when it paid any money on the check, what it had done before doing so, whether it had any notice that the check might be dishonored, an...

Excerpt: ...Monday, May 7, 2018, Line 17, PETITIONER JOEL WARNE Motion For: Sanctions Pursuant To, Inter Alia, C.C.P. 128.7(C)(1) And Civ. Code 3294 In Re: False Representations; Reconsideration Pursuant To, Inter Alia, C.C.P. 1008, Et Seq.; Declaratory Judgment Clarifying Scope Of Orders; And Memorandum Of Points And Authorities In Support Of The Same. Petitioner Joel Warne's motion for sanctions and reconsideration of the order dated May 10, 2017 is de...

Excerpt: ...of action in the second amended complaint filed by plaintiff Jack Reisner is: a) is overruled as to the first cause of action for common law discrimination and retaliation against public policy against UBC; b) sustained without leave to amend as to the first cause of action against Job Corps; c) overruled as to the second cause of action for violation of Labor Code 1102.5; d) sustained with twenty days leave to amend as to the third case of actio...

Excerpt: ...xpenses authorized by section 1033.5 are those to attend depositions. (? 1033.5, subd. (a)(3).)" ( Ladas v. CSAA (1993) 19 Cal.App.4th 761, 775.) TPG's distinction between local and non‐local travel expenses does not change this rule. The court denies the motion as to the e‐filing fees, which TPG substantiates in its opposition. The court denies Heyman's motion to tax the entire costs memo because it was served by e‐mail. Heyman...