Excerpt: ...) 134 Cal.App.4th 997, 1006.) Plaintiffs allege harm in the form of diminution in value of their taxi medallions, caused by Uber's unfair competition, but seek disgorgement of Uber's profits, and fail to allege facts showing that Plaintiffs ever possessed, or had a vested ownership interest in, the profits received by Uber. (Id. at 1016 [diminution in value of stock held by plaintiffs due to misrepresentations of defendant was not recoverable as ...

Excerpt: ...t seq.) and the derivative claims/remedies in causes of action two (accounting) and four (injunction), implicate the California Public Utilities Commissions' exclusive jurisdiction and are thus barred by Pub. Util. C. § 1759. (See Hartwell Corp. v. Superior Court (2002) 27 Cal.4th 256; San Diego Gas & Elec. Co. v. Superior Court (Covalt) (1996) 13 Cal.4th 893; Davis v. S. California Edison Co. (2015) 236 Cal.App.4th 619.) Although the scope of t...

Excerpt: ...) 134 Cal.App.4th 997, 1006.) Plaintiffs allege harm in the form of diminution in value of their taxi medallions, caused by Uber's unfair competition, but seek disgorgement of Uber's profits, and fail to allege facts showing that Plaintiffs ever possessed, or had a vested ownership interest in, the profits received by Uber. (Id. at 1016 [diminution in value of stock held by plaintiffs due to misrepresentations of defendant was not recoverable as ...

Excerpt: ...man, Patricia A. Morris, Bayside Realty Group, which was granted in part prior to the consolidation of the two cases. Plaintiff Stegman brings the motion on the grounds that he is now a party to the case and argues that this presents new facts and circumstances that would merit reconsideration. Plaintiff is required to present evidence that reconsideration should be granted due to the existence of new or different facts, circumstances or law. See...

Excerpt: ...ere is a current violation of section 1941.1(a)(1), and what Defendant Bruce H. Hoeger ("Defendant") has specifically done to remedy any such condition. In its order of April 19, 2019, the court stated that the supplemental papers filed on April 2, 2019, and April 9, 2019, assisted the court in that analysis but remained "unclear as to whether and to what extent the water intrusion issue (or other issues that Plaintiff contends pose an immediate ...

Excerpt: ...ddresses the merits despite the argument by Plaintiffs Yushan Huang aka Stacy Huang ("Stacy") and Joshua Hsia ("Joshua") (collectively "Plaintiffs") that Defendants did not engage in sufficient "meet and confer" efforts under C.C.P. § 430.41. The court is not persuaded that the meet and confer efforts were deficient. (See also C.C.P. § 430.41(a)(4).) The court disagrees with Plaintiffs' argument that the demurrer exceeds the 15- page limit. As ...

Excerpt: ...es, Inc. (1991) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The court may consider all material facts ...

Excerpt: ... failed to take any appropriate action to remedy the danger posed by those trees. One of those trees then fell on the roof of the home of Plaintiff's insured, causing damage of at least $761,000. If those allegations are true (as the Court must accept when ruling on a demurrer), Plaintiff has adequately alleged claims for negligence, nuisance, trespass, and equitable subrogation. Any evidence supporting Plaintiff's claims (including, e.g., eviden...

Excerpt: ...ix of the potential merit and interim harm factors; the greater the plaintiff's showing on one, the less must be shown on the other to support an injunction. (Butt v. State of California (1992) 4 Cal.4th 668, 677-78.) The primary purpose of a preliminary injunction is to preserve the status quo pending a trial on the merits. (O'Connell v. Superior Court (2006) 141 Cal. App. 4th 1452, 1472; Cox Cable of San Diego v. Bookspan (1987) 195 Cal App.3d ...

Excerpt: ...applies to each of Victoria Alavarez's causes of action. Procedurally, the demurrer is improper because FPI does not seek to dispose of any single cause of action. FPI seeks an order determining the temporal scope of Victoria Alavarez's causes of action. The demurrer is therefore in the nature of a motion to strike. The court will construe the demurrer as a motion to strike. Procedurally, the motion to strike is directed to the claims of Victoria...

Excerpt: ...other things, the following: (1) The court would appreciate preparation of an exhibit comparing: (a) the English translation of the letter of Fei Liu ("Liu") as provided by Plaintiffs' counsel and the correct English translation as based on Liu's deposition testimony, supported by citations to the page and line numbers in Liu's deposition testimony in which he provided the correct translation; and (b) the English translations of the Liu declarati...

Excerpt: ..., among other things, the following: Preliminarily, as the court observed at prior hearings in this case, the court does not believe it has presided over any other case in which so many motions for sanctions have been filed. It appears that the parties have spent more time and resources on motions for sanctions than on any other facet of the case. The court does not wish to encourage the filing of additional motions such as this, as the court bel...

Excerpt: ...nt" as referenced in the objections to Form Interrogatories. In reviewing the responses to the Request for Admission, there does not appear to be any request in dispute and Plaintiff does not identify any specific deficiencies with the responses. Defendant is to provide further responses to the Request for Production of Documents, Set One, and Form Interrogatories, Set One and produce documents for inspection by June 21, 2019. Due to new counsel ...

Excerpt: ...no recommendations for future treatment (see Plaintiff's deposition at pages 91 and 93-94; (2) Plaintiff's failure to mention any ongoing problems with his ribs at his first independent medical examination by Dr. Mathias Masem on December 15, 2018 (see Dr. Masem's deposition at pages 17-18 and 20-21); and (3) Plaintiff's production of a report by Dr. Jacob Rosenberg dated March 18, 2019 indicating (on page 6) that Plaintiff's "most significant fu...

Excerpt: ...nuing the trial date.) Crossroads has not shown good cause to reopen discovery as to the financial condition of Plaintiff and Cross-Defendant Triangle Associates Inc. ("Triangle"), pursuant to Code of Civil Procedure section 2024.050(b). Specifically, Crossroads has not demonstrated why it could not have sought discovery of this information prior to the discovery cutoff. Crossroads has asserted claims against Triangle for fraud since it filed its...

Excerpt: ...iding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest." (CRC 2.550(d).) The motion must be supported by a "declaration containing facts suf...

Excerpt: ...ence will be required to justify a court in setting aside the default." (Id.) "Moreover, because the law strongly favors trial and disposition on the merits, any doubts in applying section 473 must be resolved in favor of the party seeking relief from default." (Elston v. City of Turlock (1985) 38 Cal. 3d 227, 233-234.) Here, the court finds the evidence sufficient to meet this burden. (See Decls. of Richard Chao Hen Wahng, Heather Norton and Tom...

Excerpt: .... § 761.020(d).) It includes legal conclusions of civil conspiracy, but does not allege facts that constitute such a claim. (See Chicago Title Ins. Co. v. Great Western Financial Corp. (1968) 69 Cal.2d 305, 316-317.) The partition cause of action does not allege all essential elements. (Code Civ. Proc. § 872.230.) It is possible that some or all of these defects may be curable. The Court will therefore grant Defendant leave to amend on this fir...

Excerpt: ...ode section 3294(b), as discussed below. Should Plaintiff find it appropriate to add additional causes of action to help support its claims for punitive damages, that is permissible under this order; however, without a separate order from the Court, Plaintiffs may not add causes of action unrelated to punitive damages or new defendants. This action arises out of an alleged incident that occurred at a construction site at 3093 Broadway in Oakland,...

Excerpt: ...nterrogatories, Set One (Nos. 1-33), Form Interrogatories, Set Two (No. 17.1), and Request for Production of Documents, Set One (Nos. 1-46, 49, 50), no later than December 18, 2018. (Code Civ. Proc. §§ 2030.300(a), 2031.310(a), 2033.290(a).) Plaintiff's objection-only responses were "evasive and quibbling." (Collisson & Kaplan v. Hartunian (1994) 21 Cal.App.4th 1611, 1617.) Plaintiff's objections are meritless. Defendant's request for sanctions...

Excerpt: ...t 3:00 p.m., in Department 517. On March 26, 2019, the Court continued the hearing on Plaintiff's Motion to Compel and ordered the parties to comply with their statutory obligation to make a reasonable and good faith attempt to resolve all of the disputed issues. See CCP §§ 2031.310(b)(2) and 2016.040 (facts disclosing that a reasonable and good faith attempt at an informal resolution was made must appear in the meet-and-confer declaration). Th...

Excerpt: ...eventh Cause of Action for Wrongful Termination in Violation of Public Policy and an Eighth Cause of Action for Unfair Business Practices. The EFI Dispute Resolution Process Agreement ("the Agreement") attached as Exhibit C to the Declaration of Beverly Rubin, EFI's Vice President of Human Resources, states clearly that neither side has the right to compel arbitration until they have attempted to resolve the dispute through mediation. The parties...

Excerpt: ...this matter . . . and must motion the court to dismiss without prejudice." Dismissal of the Entire Action without prejudice was entered on May 8, 2019. Based on the foregoing, Defendant's motion to compel is DROPPED. Defendant's request for monetary sanctions is DENIED. Even if the request for sanctions could survive the dismissal of the entire action, which Defendant has not argued, the Court finds the circumstances of the dismissal, which was s...

Excerpt: ...ave filed a Notice of Related Case pursuant to Rule of Court 3.300(b). The Court was only made aware of Defendant Wong's earlier lawsuit against the Homeowners Association when it reviewed Plaintiff's papers in support of the Motion for Summary Judgment. The parties need not file the Notice of Related Case at this juncture as the Court has already dealt with several motions and set a trial date of September 23, 2019. The Motion for Summary Judgme...

Excerpt: ... is specifically named in the Complaint only as to the First Cause of Action for Negligence I and the Second Cause of Action for Products Liability. Defendant has now moved for summary judgment. DEFENDANT'S BURDEN OF PRODUCTION Defendant did not meet its initial burden of production. (See Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 848-855; Code Civ. Proc., § 437c, subd. (p)(2).) Defendant targeted the threshold exposure subelement ...