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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ... 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: ...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: .... 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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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...