Excerpt: ...sobedience Of Lawful Judgment Quieting Title; Statement Of Facts In Re Contempt. Plaintiff Theresa Murphy's amended motion for an order to show cause re contempt is denied. "It is well established that the affidavit by which a contempt proceeding is instituted, in order to sufficiently support an adjudication of contempt, must state facts constituting the offense, otherwise the court is without jurisdiction, and the facts essential to est...

Excerpt: ...ither Mr. Diaz or Mr. Ng has a protecible privacy interest in information about prior similar accidents that supports either an instruction not to answer on privacy grounds or requires moving defendants to show that prior similar accidents are directly relevant to the issues in this case. Absent such a privacy interest, the instructions not to answer questions were erroneous and thus the City is required to make Mr. Diaz and Mr. Ng available for ...

Excerpt: ...seek judicial review of the Medical Board's decision effective March 10, 2014 adopting the stipulated settlement and disciplinary order is time‐barred. In order to timely seek judicial review of that decision, Dr. Goodrich was required to file a petition for a writ of mandamus within 30 days after March 10, 2014. Dr. Goodrich's suspension was terminated in June 2014, she is currently still in good standing, and allowed to practice medic...

Excerpt: ...ttach order and a writ of attachment is granted in substantial part. The Hancocks are entitled to a right to attach order and writ of attachment in the amount of $265,012.90 on the condition that they file an undertaking in the amount of $10,000. The money in defendant Clever Machine, LLC's bank account is and is likely to remain the only asset Clever Machine has to satisfy the arbitration award in favor of the Hancocks. The liquidity of this...

Excerpt: ... of the summons and complaint on defendant Gebremariam is granted. By opposing the motion on its merits, plaintiff Lisa Brown waived her objection based on untimely service of the moving papers. (Reedy v. Bussell (2007) 148 Cal. App. 4th 1272, 1288). Ms. Brown failed to provide sufficient evidence to satisfy her burden to prove that service of summons and complaint made on Mr. Gebremariam was proper. The declaration of Ms. Barhe shows that she re...

Excerpt: ...ed by plaintiff Veronica McCluskey. Airbnb has shown that Ms. McCluskey assented to the Terms of Service, including the arbitration language therein, because the sign up screen adequately informed Ms. McCluskey that, by clicking to sign up, she was agreeing to the Terms of Service. Under both the Federal Arbitration Act and the California Arbitration Act parties may delegate issues of arbitrability to the arbitrator, including disputes regarding ...

Excerpt: ...rney's fees per Jaffe v. Pacelli (2008) 165 Cal.App.4th 927. Those fees were incurred as a result of attempting to enforce the judgment and are recoverable. (Jaffe, 165 Cal.App.4th at 938.) The Sangers can recover their legal research fees. When discussing computer legal research costs, Ladas v. CSAA (1993) 19 Cal.App.4th 761, 776 stated: "Subdivision (b)(2) precludes recovery of investigative expenses and attorney's fees are not comp...

Excerpt: ...s of a proposed injunction and/or attachment protecting the rights of Mr. O'Rourke with regard to Revelry Restaurant L.L.C. Mr. O'Rourke is precluded from obtaining a receiver for Revelry on grounds that the corporation is in imminent danger of insolvency because Mr. O'Rourke is no longer suing derivatively. CCP 564(b)(6) does not authorize the appointment of a receiver for such grounds when the lawsuit is by a private person. Mr. O&#...

Excerpt: ...tion is not timely filed since Mr. Dietrich has not shown that he was unaware of facts necessary to make a CCP 425.13 motion more than nine months prior to July 30, 2018 and he made a diligent effort to obtain any facts he may have needed to make such a motion more than nine months prior to July 30, 2018 as required by Goodstein v. Superior Court (1996) 42 Cal. App. 4th 1635. Nine months prior to July 30, 2018 is October 30, 2017. Prior to Octobe...

Excerpt: ...and supplemental declarations fail to show that the assertedly defamatory statements quoted at 4:12‐5:4 of Auction's reply memorandum are false. At most, Auction shows that there were fewer watch lots on the third auction. (Brenhouse Dec., par. 5.) Auction also fails to show imminent and irreparable harm. The last communication Mr. Berz sent was on March 19, 2018 and there is little evidence to indicate that the asserted "smear campaign...

Excerpt: ...4; The Department correctly notes that the ALJ's decision repeatedly and erroneously states that the Department must show a permanent and substantial incapacity. (AR000758; 762; 764; 765.) The lack of permanence appeared to be a basis for the decision (AR000762, par. 16) and the ALJ's references to the controlling statutes and Mansperger v. Public Employees Retirement System, (1970) 6 Cal.App.3d 873, does not cure the error. That error al...

Excerpt: ... the April 4, 2018 hearing is re‐affirmed. At the April 4 hearing the court took the motion under submission to more fully consider the argument by plaintiff David Norton that the order denying defendant Otis Elevator Company's motion for summary judgment required that this motion be denied. Because Otis's motion was denied due to Otis's failure to satisfy its burden of production, not because there was a triable dispute, the ruling...

Excerpt: ...cribing the feel and sight of the vomit and her experience of coming into contact with similar substances raise a reasonable inference, when viewed in the light most favorable to her, from which a trier of fact could find that the vomit had been on the platform long enough and was of such obvious nature to have been discovered by BART in the exercise of due care. (Catalan Depo. 31‐33; Catalan Dec. par. 15). Ms. Catalan's declaration, which ...

Excerpt: ...insurance bad faith for failure to properly investigate a claim; and b) sustained with twenty days leave to amend as to the fourth, fifth, sixth, and seventh causes of action for misrepresentation, false promise, fraud, and negligent infliction of emotional distress. CSAA's argument that it is not the insurance company that issued the automobile insurance policy is not amenable to resolution at the pleading stage. Plaintiff Trent Jason adequa...

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 ...

Excerpt: ... a motion to sever the first and second causes of action for malicious prosecution and constructive fraud in the first amended complaint filed May 13, 2015 from the remaining causes of action and, as so treated the motion is granted. No opposition filed. No later than April 18, 2018 plaintiffs should file a new complaint on the first floor of the Civic Center Courthouse containing only the first and second causes of action in the first amended co...

Excerpt: ...for Tentative Ruling Purposes Only (Part 3 Of 3). The array of isolated and one-off findings of misconduct committed by Mr. Ramirez, coupled with the lack of any previous discipline against Mr. Ramirez, are insufficient as a matter of law to warrant the most extreme discipline of dismissal. A full review of the Administrative Record establishes that the misconduct committed by Mr. Ramirez, while serious, was not of the magnitude to be the predica...

Excerpt: ...r any other matter causes him to be other than fair and impartial in deciding this case. The Regents of the University of California's motion for summary judgment on all causes of action in the first amended complaint filed by plaintiff Annette Elliot is granted. The Regents presented sufficient evidence to satisfy their burden of production on all five causes of action alleged in the complaint and Ms. Elliot did not present any evidence crea...

Excerpt: ...p nor any other matter causes him to be other than fair and impartial in deciding this case. The Regents of the University of California's motion for summary judgment on all causes of action in the first amended complaint filed by plaintiff Yolanda Jefferson is granted. The Regents presented sufficient evidence to satisfy their burden of production on all five causes of action alleged in the complaint and Ms. Jefferson did not present any evi...

Excerpt: ...#39;s motion to set aside default and default judgment is granted on the condition that defendants and/or their counsel pay $2500 to plaintiff Noise 13 Design Incorporated. The defaults entered against defendants on December 6, 2017 and the default judgment issued on February 27, 2018 are set aside. No later than April 13, 2018 defendants and/or their counsel must pay $2500 to Noise 13. No later than April 20, 2018 defendants must file a motion t...

Excerpt: ...bitrate. The Financial Planning Agreement does not incorporate by reference the arbitration clause in the CFI application. In addition, that arbitration clause relates to "ANY AND ALL CONTROVERSIES OR CLAIMS BETWEEN CLIENT(S) [Olson] AND [CFI]?" Olson is not suing CFI nor does she name Davis as an agent of CFI. The cross‐complaint is unrelated to the CFI IRA and the arbitration clause does not apply. The Financial Planning Agreement and...

Excerpt: ...#39; motion for reconsideration of the January 10, 2018 order denying his motion for leave to file a third amended complaint is denied. The sole asserted changed circumstance proffered in support of this motion is that Jean Lee is no longer a party to the case. While that is true, the January 10 order was based on far more than Ms. Lee being prejudiced by allowing Mr. Rogers leave to file his proposed third amended complaint. Among other things, ...

Excerpt: ...nted. The Hospital satisfied its summary adjudication burden of production by presenting evidence that it did not act with malice, oppression or fraud within the meaning of those terms for Civil Code 3294(c) and Mr. Mendoza did not present any evidence creating a triable dispute whether the Hospital acted with malice, oppression or fraud. None of Mr. Mendoza's evidence ‐‐ including the admission that the bus duct was never inspected and n...

Excerpt: ...vili's motion for attorney's fees and costs is granted in substantial part. Plaintiffs are awarded fees of $104,409 and costs of $27,648.67 against defendant Jaguar Land Rover North America, LLC. The lodestar fees claimed by plaintiffs have been reduced by 25% for the fraud and negligent misrepresentation claims alleged by plaintiffs as to which they received no recovery and are not entitled to an award of fees. The 25% reduction is based...

Excerpt: ...curities, LLC's motion to compel further responses to set three special interrogatories and set five requests for production of documents is granted in part. The hearing is continued to April 5, 2018 to give the parties an opportunity to agree on a procedure which provides directly relevant information to CSL while protecting the privacy of plaintiff Michael Guta. No later than April 2, 2018 the parties must meet and confer in an effort to ag...

Excerpt: ...ements 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 teleph...

Excerpt: ...�‐ Public Version Plaintiff's motion to seal portion of the court's record and to proceed anonymously as "Jane Doe 1" and "Baby Doe" is granted. Plaintiff has shown good cause for the relief she seeks and that relief is in accordance with the Rules of Court providing for the sealing of documents. Because the order on this motion need not include any identifying information about any individual, the order granting this mo...

Excerpt: ...t to counsel for counsel for all other parties prior to the hearing. The conditions that Ms. Brunn must agree to are: 1) she must file her amendment to her complaint no later than March 29, 2018; 2) the trial is continued to August 6, 2018 at 9:30am in department 206 with all discovery deadlines triggered off the new trial date; 2) Ms. Brunn must serve verified code‐compliant responses without objection other than privilege no later than April ...

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

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

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

Excerpt: ...Request For Production Of Documents Set Two With Monetary Sanctions Or Alternatively Plaintiffs Motion For Sanctions For Spoliation Of Evidence. Pro Tem Judge Noah Lebowitz, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be ...

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

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

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

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

Excerpt: ...n Smith's Motion To Compel Further Responses From Defendants Intero Real Estate Services, Inc. And Wachiraporn Wachiradejkul A.K.A. Jane Wachiradejkul To Special Interrogatories And Demand For Production Of Documents And; Request For Monetary Sanctions. Pro Tem Judge Peter Catalanotti, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion...

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

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

Excerpt: ... deemed trivial as a matter of law and thus unable to support a slip‐and‐ fall case. (See, e.g., Fielder v. City of Glendale (1977) 71 Cal.App.3d 719, 724‐26.) The upper limit of triviality is three‐fourths inch to one and a half inches. (Id.) In our case, plaintiff produced photographs showing the at‐issue depression in a municipal parking lot to be less than three‐fourths of an inch. Plaintiff's counsel declares in opposition th...

Excerpt: ...ction, Otis says it was merely "an elevator service company"; in fact, Otis designed, manufactured, installed, maintained, repaired and serviced the elevator. (Plaintiff's Opposition, Decl. of James Mills, Exh. A, attached "Standard Provider Terms and Conditions Agreement" between Safeway Inc. and Otis Elevator.) As to the breach and causation elements, Otis relies on an expert declaration. However, the declaration's four ...

Excerpt: ... alleged in support of any of the second through fourteenth affirmative defenses are based on any conduct that occurred after the date of the CPUC decision and Mr. Hines has neither stated nor suggested that he can allege any facts that occurred after the CPUC decision that supports any of those affirmative defenses. Therefore, the second through fourteenth affirmative defenses fail as a matter of law, leaving only the first affirmative defense o...

Excerpt: ...eates a fiduciary relationship. Mr. O'Rourke sufficiently alleges that he had an attorney client relationship with Mr. Cohen and those allegations, which must be accepted as true on this demurrer, support the fifth cause of action for breach of fiduciary duty. Mr. Cohen's arguments that he merely acted for the LLC and that he was only a scrivener are factual issues that are not amenable to resolution on a demurrer. The sixth and eighth ca...

Excerpt: ...enied in its entirety. Assuming without deciding that the court can consider the materials relied on by Sotheby's for its motion that are not alleged in or attached to the FAC, all allegations sought to be stricken are adequately alleged. As to the allegations regarding Sotheby's failure to obtain the errors and omissions insurance policy, the ICA is reasonably susceptible to plaintiffs' proffered interpretation of the ICA. As to the ...

Excerpt: ... default of May 30, 2017 and the default judgment of July 5, 2017 is granted. Based on Mr. Muhamadiev's statements and presentation in the courtroom on March 1, 2018, the court is persuaded that Mr. Muhamadiev was unaware that he was required to file a response to the complaint by May 25, 2017 and he did not realize that a default and default judgment had been entered against him until he recently learned that his driver's license was sus...

Excerpt: ...rbitration is granted and this case is stayed pending the conclusion of arbitration proceedings on the claims alleged by plaintiff Daniel Pulido. The incorporation of the AAA Commercial Rules does not constitute clear and unmistakable evidence of an intent to delegate arbitrability to the arbitrator. Notwithstanding federal authority to the contrary, the court chooses to adhere to the well‐reasoned and persuasive dicta in Ajamian v. CantorCO2e,...

Excerpt: ...of action three, seven and eight are effectively based on a theory that attorney Bagchi conspired with defendant Allis; thus, prior court approval is required under Civil Code 1714.10. The exception in 1714.10(c) does not apply, as the complaint (16:13‐14) pleads that "Bagchi was representing the partnership," and no "independent legal duty to the plaintiff" is pled. Hence, this third demurrer is SUSTAINED WITH LEAVE TO AMEND. A...

Excerpt: ... rarely possible to plead the exact words. (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) The allegations are sufficient to put Farias on notice of the issues to be admitted or denied. Second (Conversion) SUSTAINED WITH LEAVE TO AMEND: "Money cannot be the subject of a cause of action for conversion unless there is a specific, identifiable sum involved." (McKell v. Washington Mut., Inc. (2006) 142 Cal.App.4th 1...

Excerpt: ... cause of action is SUSTAINED WITH LEAVE TO AMEND. The complaint adequately pleads its breach of contract claims. However, its fraud allegations are conclusory and not pled with the required heightened specificity. PS Services has leave to amend to allege specific facts to show how, when, where, to whom, and by what means the misrepresentations were allegedly made by RingCentral. Any party who contests a tentative ruling must send an email to con...

Excerpt: ...ear 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 no...