Excerpt: ...ling Part 1 of 2) Defendant City and County of San Francisco's motion for summary judgment is denied and its alternate motion for summary adjudication is denied as to the first cause of action for dangerous condition of public property and granted as to the second cause of action for failure to warn of a dangerous condition of public property. There is a triable dispute whether the planters constitute a dangerous condition of public property....

Excerpt: ... the eighth cause of action for gross negligence and b) overruled as to the fourth cause of action for intentional infliction of emotional distress and the seventh cause of action for conspiracy. The face of the complaint shows that the false imprisonment claim is time‐barred. Liberally construed the complaint alleges sufficient facts to state an IIED and liability based on a conspiracy theory. Demurrers for uncertainty are disfavored and stric...

Excerpt: ...employed by VPM Maintenance Management, LLC for more than eight months as of April 10, 2015 when their employment with VPM ended and who were not subsequently retained by defendant Preferred Buildings Services, Inc. Mr. Martinez's request to act as a class representative is granted. Mr. Martinez has shown that the class is ascertainable. The class is sufficiently numerous. A common issue of law ‐ whether Preferred violated the law by not re...

Excerpt: ...quest For Order Awarding Sanctions. Pro Tem Judge James Fleming, 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 befor...

Excerpt: ...UCL and CLRA claims and neither of those claims arise from protected speech in the anti‐SLAPP statute. Mr. Clark has shown that 1) NuttZo is a corporation primarily in the business of selling nut and seed butter products at issue in this case; 2) the alleged violations of CLRA and UCL arise from NuttZo's "no added sugar" label, which is a statement of fact regarding NuttZo's product; 3) NuttZo's label is made to promote and ...

Excerpt: ... Evidence Abroad In Civil Or Commercial Matters. Plaintiff David Kane's motion for issuance of a request for judicial assistance (letter of request) under the Hague Convention on the taking of evidence abroad in civil or commercial matters is granted. Regardless of who bears the burden, Mr. Kane has shown good cause for the taking of the oral examinations of Nadia Ferriday and Keith McGuinn in the United Kingdom. Defendant Joel Poloney's ...

Excerpt: ...n. 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 parties ...

Excerpt: ...andolph, Martha Aceves, and Clifford Rechtschaffen's demurrer to the first and third causes of action in the first amended complaint filed by plaintiff Karen Clopton for retaliation in violation of the Whistleblower Protection Act and race discrimination in violation of Government Code 12940 is sustained as to the first cause of action alleged against Ms. Aceves, Ms. Peterman and Mr. Rechtschaffen with twenty days leave to amend and overruled...

Excerpt: ...ntiff Don Tucker Dba Don Tucker And Son To Produce Additional Documents In Response To Travelers Second Production Requests.(For Tentative Ruling Only)(part 2 of 3) It follows that Mr. Tucker's ability to defend the underlying action is indeed an issue in this case. Given the acknowledged broad scope of permissible discovery, Defendant is entitled to conduct discovery of its theory of the case unless precluded by an appropriate objection. Mr....

Excerpt: .... Defendant Swett & Crawford's ("Swett's) motion for summary judgment is DENIED. Swett's motion for summary adjudication is GRANTED in part and DENIED in part. The motion is GRANTED as to the breach of contract cause of action. " 'A contract implied in fact is one not expressed by the parties, but implied from facts and circumstances showing a mutual intention to contract.' [citation] Without such mutual intention ther...

Excerpt: ...f good faith and fair dealing and request for punitive damages is denied as to both issues. There are triable disputes whether defendants' denial of policy benefits to Ms. Cohen was: 1) unreasonable and 2) done in conscious and willful disregard of Ms. Cohen's rights under the policy that subjected Ms. Cohen to cruel and unjust hardship and was despicable. Ms. Cohen's ability to successfully carry out her duties as a hearing officer d...

Excerpt: ...Fifth Historic Properties, LLC, 418 Jessie Historic Properties, LLC and 418 Jessie Properties, LLC's demurrer to the first, third, sixth and eighth causes of action in the first amended complaint filed by plaintiff Mint Collection‐410‐418 Jessie Street Condominium Owners' Association is: a) sustained without leave to amend as to the first, third and sixth causes of action for violation of residential building standards , strict liabil...

Excerpt: ...ges liability. The allegations that Mr. Misra intentionally attempted to flee the scene of the accident knowing that he had hit and injured Ms. Preap which caused Ms. Preap to suffer additional fear, distress and anxiety are sufficient to show despicable conduct carried on with willful and conscious disregard for Ms. Preap's rights. Defendants' reliance on Broooks v. E.J. Wilig Truck Transp. Co. (1953) 40 Cal. 2d 669 is misplaced. Nothing...

Excerpt: ...t filed by plaintiffs Lourdes Zamudio is granted. Assuming without deciding that the indemnity provision of the 2007 CRF‐Marriott contract provides for a first party claim by a Marriott employee, the undisputed facts establish that the indemnity provision does not impose liability on CRF for Alexander Damhuis' intentional torts. The phrase "indemnifying party's ? willful misconduct" in the indemnity provision is not reasonably s...

Excerpt: ...y and Doorman Property Management S Corp.'s motion for summary judgment or alternatively motion for summary adjudication is denied in its entirety. There are triable disputes whether: 1) plaintiff and cross‐defendant CFO Rick, Inc. performed all of the duties required of it per the parties' contract or was excused from doing so; 2) any of the services performed or required to be performed by CFO Rick per the parties' contract requir...

Excerpt: ... that arises from the State Bar's interpretation and in fidelity with the important principle of statutory interpretation that wherever possible a statute should be interpreted to avoid constitutional infirmity, the State Bar's interpretation must be rejected and Mr. Obbard's interpretation adopted. (City of Cerritos v. State of California (2015) 239 Cal. App. 4th 1020, 1035). Any party who contests a tentative ruling must send an ema...

Excerpt: ... Weiss, the court cannot take judicial notice of the truth of the statements therein. Further, an EPO is often issued based on one side's version of events and has no preclusive effect in any subsequent litigation and cannot be used to show any misconduct by Ms. Weiss on this demurrer. This is particularly true here where the EPO sought to be judicially noticed has no entries in the application portion and thus does not even purport to provid...

Excerpt: ...for summary judgment is granted. On FusionStorrm's complaint, it is entitled to judgment in its favor and against defendant and cross‐complainant Renee Tenorio for a permanent injunction enjoining Ms. Tenorio from directly or indirectly using, disclosing or disseminating any non‐public information that is contained in any document including an email that Ms. Tenorio prepared or received while she was employed at FusionStorm and was at any...

Excerpt: ...this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to sign given by email. If not al...

Excerpt: ... and complaint for declaratory and injunctive relief filed by petitioner/plaintiff City and County of San Francisco is sustained with ten days leave to amend to give CCSF the opportunity to name a State agency and/or officer as a respondent/defendant. Per binding case law, an action seeking an order preventing the enforcement of a State statute must seek such relief against a State agency and/or officer. For guidance of the parties going forward,...

Excerpt: ...ny 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. =(302/HEK) Case Number:CGC17561749Case Title:JENNIFER WALKER ET AL VS. HAND JOB, LLC ET ALCourt Date:MAY-22-2018 09:30 AMCalendar Matter:DEMUR...

Excerpt: ...act in MBW‐Brotherhood Way, LLC's third amended cross‐ complaint is overruled. A demurrer to a cause of action for breach of contract admits not only the contents of the contract, but also any pleaded meaning that the instrument is reasonably susceptible. (Aragon‐Haas v. Family Security Ins. Services, Inc., (1991) 231 Cal.App.3d 232, 239.) Paragraph 2 of the Management Services Agreement states that Comstock Homes hired MBW for Hawke...

Excerpt: ...ployer of either plaintiff De Xin Lin or the person who dropped the metal plate and did not have any actual or constructive knowledge of any dangerous condition regarding the metal plate. Plaintiff did not submit any evidence creating a triable dispute as to who hired or employed plaintiff or the person who dropped the metal plate or M&D's knowledge. The undisputed facts establish that M&D Lau hired Yu Kwan Construction Co., who in turn emplo...

Excerpt: ... undisputed facts show that the claims alleged against Siding Specialists in plaintiff Candlestick View Homeowners Association's second amended complaint are substantially identical to the claims that Candlestick HOA alleged against Lindstrom & Son Builders in the arbitration proceedings. Per claim preclusion principles, the confirmed arbitration award precludes the Candlestick HOA from litigating these claims in this action. (Thibodeau v. Cr...

Excerpt: ...ate arbitration proceedings is granted. Respondent Bay Area Quality Management District is required to arbitrate the two grievances. The two grievances are consolidated, although the arbitrator is authorized to sever them or make any other appropriate orders regarding phasing of the issues. The delegation clause in section 4.12.2 of the MOU is clear and unmistakable and requires that any disputes regarding arbitrability are to be decided by the a...

Excerpt: ... consolidated cases were victims of egregious misconduct committed by their counsel of record Robert Machado, Mr. Feldman is not entitled to any of the relief that he seeks. Mr. Feldman's contention that the orders and judgments he seeks to have vacated are "void" and thus can be vacated at any time per CCP 473(d) is incorrect. This court has and continues to have fundamental jurisdiction over the parties and the subject matter of thi...

Excerpt: ...dged in support of its anti-SLAPP motion to strike is granted. No opposition filed and good cause shown. There is an overriding interest in sealing the cited documents to protect confidentiality and integrity of the investigatory process and the privacy rights of third parties. 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)...

Excerpt: ...ners First Set Of Demand For Production And Inspection Of Documents; Petitioners First Set Of Special Interrogatories; Judicial Council Form Interrogatories. Pro Tem Judge Dianne Peebles, 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 ...

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: ...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: ... 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: ...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: ...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: ...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: ...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: ..., 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: ...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: ...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...

Excerpt: ...ent is GRANTED. The court grants summary adjudication on the cause of action for breach of contract based on Truck's commercial insurance policy. Vasquez does not dispute that the policy included a cooperation provision. (Defendants' UMF 4; Parkhurst Dec., Ex. A, sec. I.E.3.a.) The undisputed evidence shows that on 2/7/13, defendants requested additional documents. (Parkhurst Dec., Ex. D.) Vasquez failed to respond to this letter and viol...

Excerpt: ...ly over. At that point, a judgment of dismissal with prejudice in favor of TPG was inevitable and Heyman's right to file a voluntary dismissal was cut off because the "trial" already commenced within the meaning of CCP 581. (Law Offices of Andre L. Ellis v. Yang (2009) 178 Cal.App.4th 869, 877.) TPG shall prepare, file, and serve a judgment of dismissal with prejudice in its favor against petitioners forthwith. TPG's request for f...

Excerpt: ...plaintiff Broussard had a reasonably probable expectation of economic benefit from his relationships with Kismatic, Inc. and defendant Reilly. This benefit would have been realized through Broussard's receiving a fair share of any deal involving sale of Kismatic assets or stock, and, had it not been for Apprenda's interference, Broussard would not have lost the prospective benefit. California law permits pleading of factually inconsistent...

Excerpt: ... Ramos stated that there was an English-only policy (Leon Depo., 143:3- 19.) There is also a dispute of fact whether a managing agent ratified such a policy. Assistant Manager Harris had a conversation with Regional Director Calderon about the policy, but Harris did not view it as discipline. (Harris Depo., 197:23-198:8.) Calderon admitted that the English- only policy had been ongoing for months (Calderon Depo., 146:15-147:14; 151:22-24.) Calder...

Excerpt: ...Feely declares under penalty of perjury that he personally served Dahmash in Belmont, CA on December 17, 2017. Evidence Code 647 provides: "The return of a process server registered pursuant to?the Business and Professions Code?establishes a presumption?of the facts stated in the return." Dahmash fails to rebut the presumption; he merely asserts that he resided in San Diego on December 17, not that he was not served or that a different pe...

Excerpt: ... Atlantic Richfield Co. (2001) 25 Cal.4th 826. Defendant's special interrogatories and plaintiff's responses thereto demonstrate that plaintiff does not possess and cannot reasonably obtain evidence that defendant acted with the requisite malice, fraud or oppression to warrant the imposition of punitive damages. (Defendant's Exhibits 36, 37.) Plaintiff failed to present evidence sufficient to create a triable issue as to whether defen...

Excerpt: ...ctor and no employment relationship existed between SFMOMA and Cypress' security guards. "[T]he common law test for employment is a question of fact, while the legal conclusion to be drawn from those facts is a question of law. Even if one or two of the individual factors might suggest an employment relationship, summary judgment is nevertheless proper when, as here, all the factors weighed and considered as a whole establish that [Cypres...

Excerpt: ...uments. Pro Tem Judge Roger Mead, 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 de...

Excerpt: ...and no employment relationship existed between SFMOMA and Cypress' security guards. "[T]he common law test for employment is a question of fact, while the legal conclusion to be drawn from those facts is a question of law. Even if one or two of the individual factors might suggest an employment relationship, summary judgment is nevertheless proper when, as here, all the factors weighed and considered as a whole establish that [Cypress] wa...