Excerpt: ...Disclosure Exchange Date Was Confirmed In Writing. Pro Tem Judge Tom Cohen, 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 pr...

Excerpt: ...ch of fiduciary duty. (See Stanley, 35 Cal.App.4th at 1097; Branch v. Homefed Bank (1992) 6 Cal.App.4th 793, 800 ["Recovery [of emotional distress damages] has also been allowed when the negligence arises in a situation involving breach of fiduciary or quasi-fiduciary duties?"]; see also, e.g., Knutson v. Foster (2018) 25 Cal.App.5th 1075, 1095-1099 [plaintiff may recover emotional distress damages against former attorney for breaches of fiduciar...

Excerpt: ...nd/or retention is sustained without twenty days leave to amend. "Liability for negligent hiring ... is based upon the reasoning that if an enterprise hires individuals with characteristics which might pose a danger to customers or other employees, the enterprise should bear the loss caused by the wrongdoing of its incompetent or unfit employees." (Mendoza v. City of Los Angeles (1998) 66 Cal.App.4th 1333, 1339.) Negligence liability will be impo...

Excerpt: ...athak's "motion to compel compliance with third‐party subpoena and production of documents" from Glassdoor, Inc. is denied without prejudice. I adopt the judge pro tem's thorough and well‐reasoned report and recommendation. Glassdoor cites no authority for its notion that a California court in a county where a libel suit is filed can be required to transfer discovery disputes in that suit to another county's court. Nor is a libel plaintiff re...

Excerpt: ... writ of mandate because he has a fundamental vested right to an industrial disability retirement if in fact he was disabled in 2017 when he stopped working for respondent. (See Beckley v. Board of Administration (2013) 222 Cal.App.4th 691, 697.) "[I]n exercising its independent judgment, a trial court must afford a strong presumption of correctness concerning the administrative findings, and the party challenging the administrative decision bear...

Excerpt: ...judication on the retaliation cause of action is denied and its motion for summary adjudication on the defamation cause of action is granted. Plaintiff may be able to establish the retaliation claim. (See Ross v. County of Riverside (2019) 36 Cal.App.5th 580, 591‐593 [court erred in granting summary judgment on retaliation claim where district attorney disclosed reasonably based suspicions of illegal activity in connection with questionable hom...

Excerpt: ...plaint is granted. 777 Plumbing's cross‐complaint is time‐barred under Code of Civil Procedure, § 340.6. The undisputed evidence demonstrates that 777 Plumbing discovered or should have discovered Kithas' alleged wrongful act or omission in August 2017 when it entered into the settlement agreement that obligated it to pay fees and costs after it lost on summary judgment. (Kithas UMF 3‐5.) 777 Plumbing sustained actual injury at that time. ...

Excerpt: ...rst amended complaint alleges that during the period of plaintiff's decedent's residence at the Jewish Home, Defendants, despite their knowledge that decedent was confined to a wheelchair and was at high risk for developing a skin condition, did not turn or reposition her, even at night, resulting in her developing serious pressure ulcers or bedsores and severe pain. (FAC 14‐20.) Those allegations are sufficient to allege elder abuse, which is ...

Excerpt: ...rth the elements stated in the general punitive damage statute, Civil Code section 3294, including allegations that the defendant has been guilty of oppression, fraud, or malice. (Civ. Code § 3294(a).) "Malice" is defined as conduct "intended by the defendant to cause injury to plaintiff, or despicable conduct that is carried on by the defendant with a willful and conscious disregard for the rights or safety of others." (Civ. Code § 3294(c)(1)....

Excerpt: ...orth 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 telephone, the sti...

Excerpt: ...The alleged extortion occurred during the litigation process (Mr. Schuldner's deposition). Petitioning activity "includes qualifying acts committed by attorneys in representing clients in litigation." (Rusheen v. Cohen (2006) 37 Cal.4th 1048, 1056; see also Contreras v. Dowling (2016) 5 Cal.App.5th 394, 409 ["'all communicative acts performed by attorneys as part of their representation of a client in a judicial proceeding or other petitioning co...

Excerpt: ...t the claim. (Compl. 14, 18; see Shade Foods v. Innovative Products Sales & Marketing, Inc. (2000) 78 Cal.App.4th 847, 879-880 ["Among the most critical factors bearing on the insurer's good faith is the adequacy of its investigation of the claim. '[T]he covenant of good faith and fair dealing implied in all insurance agreements entails a duty to investigate properly submitted claims.' . . . . [] An unreasonable failure to investigate amounting t...

Excerpt: ...entative Ruling Only) Second, even if the alleged fraud applies solely to the delegation clause, plaintiff does not make a sufficient offer of proof to warrant time-consuming discovery. Plaintiff's declaration asserts that defendants falsely told her that arbitration was more amicable and efficient. Plaintiff mischaracterizes the alleged misrepresentation. The agreement provides that "It is the intent of Optum360 that legal disputes be resolved a...

Excerpt: ...et forth the elements stated in the general punitive damage statute, Civil Code section 3294, including allegations that the defendant has been guilty of oppression, fraud, or malice. (Civ. Code § 3294(a).) "Malice" is defined as conduct "intended by the defendant to cause injury to plaintiff, or despicable conduct that is carried on by the defendant with a willful and conscious disregard for the rights or safety of others." (Civ. Code § 3294(c...

Excerpt: ...tures, Llc. Defendants Niraj Mehta and Fifth Set Ventures, LLC's (FSV) petition to compel arbitration and motion to stay proceedings are granted. The disputes and claims pled by the complaint arise and/or result from the purchase of a house. The purchase agreement (Cmplt. Ex. A) has an arbitration clause: "any dispute or claim In Law or equity arising between them out of this Agreement or any resulting transaction?shall be decided by neutral bind...

Excerpt: ...n's summary judgment motion is thus ordered off calendar as moot. Plaintiff cannot establish that Mott's engaged in unlawful conduct or was unjustly enriched, because Mott's conduct was legal as a matter of law. Plaintiff alleges that the true statement "No Sugar Added" on Mott's 100% Apple Juice's label violates 21 CFR 101.60(c)(2)(iv). (SAC 11; hereafter in this order all regulatory citations are to 21 CFR and all internal citations and quote m...

Excerpt: ...ling part 1 of 2) Plaintiff's motion to quash deposition subpoenas for production of business records and/or for protective order is granted in part. Plaintiff's motion for sanctions is granted in the amount of $1,700. Defendant's motion for sanctions is denied. This lawsuit arises out of an incident that occurred on July 9, 2018, when Plaintiff was arrested by the San Francisco Police Department for allegedly refusing to follow orders to vacate ...

Excerpt: ...achen, making him a former client. (See Koo v. Rubio's Restaurants, Inc. (2003) 109 Cal.App.4th 719, 728 ["Before an attorney may be disqualified from representing a party in litigation because his representation of that party is adverse to the interest of a current or former client, it must first be established that the party seeking the attorney's disqualification was or is 'represented' by the attorney in a manner giving rise to an attorney‐...

Excerpt: ...f action against Defendant Richard Moore for intentional interference with contractual relations and negligent interference with prospective economic relations in connection with Plaintiff's distribution and cooperation agreement with TG Digesters, Inc., a Canadian corporation. Those tort claims arose out of Moore's actions in negotiating a contract between Plaintiff and the Hyatt Centric Fisherman's Wharf Hotel. Plaintiff alleged that Moore was ...

Excerpt: ...mbarcadero Dentistry, a California corporation," is granted. The claim for punitive damages is improper, as this is an action for damages arising out of the alleged professional negligence of a health care provider and Plaintiff did not seek an order under Code of Civil Procedure section 425.13 allowing the filing of an amended pleading that includes a claim for punitive damages. Contrary to Plaintiff's argument, section 425.13 is not inapplicabl...

Excerpt: ... of 2) Petitioners' motion to set aside judgments is denied. Although Petitioners' motion is plainly frivolous, solely to avoid further burden on the Court and the parties, Respondents' request that the Court issue an OSC re contempt is denied. A trial court's power to grant such relief is governed by jurisdictional statutory limits. Motions to set aside a judgment must comply with the procedural requirements of Code of Civ. Proc. §§ 663 and 66...

Excerpt: ...Only Part 2 Of 2) 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 the City and County of San Francisco is required to prepare a proposed order which repeats verbatim the substan...

Excerpt: ..., 641‐642 [independent contractor's hirer maintained summary judgment burden based on the Privette presumption, which establishes a presumption that the hirer delegated the duty to provide a safe work environment to the hired contractor]. However, Plaintiff demonstrates a triable issue of material fact regarding whether Nibbi's direct negligence affirmatively contributed to her injury. (See Hooker v. Department of Transportation (2002) 27 Cal.4...

Excerpt: ...alleges that "a runaway, unoccupied, car that all the defendants were trying to tow ran over and killed plaintiffs' decedent." (Defs.' Yaco and Yaqo's Demurrer 2: 6-7.) These allegations are sufficient to state a cause of action for both motor vehicle and general negligence. "To survive a demurrer, the complaint need only allege facts sufficient to state a cause of action; each evidentiary fact that might eventually form part of the plaintiff's p...

Excerpt: ...there is no proof that plaintiff's main target for relief (Allstate Insurance Company) has been served with the complaint or this motion. (See Code Civ. Proc. § 527(a) ["No preliminary injunction shall be granted without notice to the opposing party."].) Second, plaintiff fails to show a likelihood of prevailing on the merits. Competent evidence demonstrates that defendants were not aware of plaintiff's lien when the underlying tort case was set...

Excerpt: ...form Partnership Act (RUPA). Corp. Code § 16101(11). Dissociation occurs upon "[t]he partnership's having notice of the partner's express will to withdraw as a partner or on a later date specified by the partner." (Id. § 16601(1).) Partnership dissolution occurs "[i]n a partnership at will, by the express will to dissolve and wind up the partnership business of at least half of the partners, including partners . . . who have dissociated within ...

Excerpt: ...Defendants 1850 Bryant Land LLC, Christopher Paul Foley, and Douglass Ross' motion for sanctions against Plaintiff Leiasa Beckam pursuant to Code of Civil Procedure section 128.7 is denied. Plaintiff's request for sanctions is denied. Defendants fail to carry their burden to show that Plaintiff filed the complaint primarily for an improper purpose, or that it is legally or factually frivolous. (Code Civ. Proc., § 128.7(b); see San Diegans for Op...

Excerpt: ...iffs and Vantage Maintenance. (See Code Civ. Proc., § 452; Compl., 2, 5, 9, 11.) Vantage Maintenance argues the allegations use boilerplate language, but at the outset of litigation, the amount of specificity in Plaintiffs' complaint adequately gives the Defendants notice of the issues. (See, e.g., Barsegian v. Kessler & Kessler (2013) 215 Cal.App.4th 446, 451.) Similarly, at the pleading stage, Plaintiffs do not have to specifically name which ...

Excerpt: ...ted liability company doing business as Coast to Coast Manufacturing and substituted Stylex wherever Coast to Coast appeared in the cross‐complaint. According to its article of organization, Stylex did not exist until July 30, 2018. (RJN, Exh. 1.) The allegations in the cross‐complaint concern events that occurred in 2012 and 2013. (Cross‐Complaint 8, 14, 19, 20, 21.) The cross‐complaint does not properly allege facts to support successor...

Excerpt: ...mitted In Support Of Opposition To Plaintiffs Motion For Summary Adjudication Under Seal. Defendant Bamdad Behnood's motion for a sealing order is denied without prejudice. Behnood moves to seal 16 documents related to a summary adjudication motion in their entirety. However, Behnood fails to make the showings that would allow the court to enter the express factual findings required. (CRC 2.550(d).) Two examples: CRC 2.550(d) requires showing...

Excerpt: ...d as to the negligence cause of action and denied as to the dangerous condition of public property cause of action. To maintain a cause of action under Gov't Code § 835 [dangerous condition of public property], plaintiff must show (1) that CCSF owned or maintained the property; (2) that the property was in a dangerous condition on the date of accident; (3) causation; (4) the dangerous condition created a reasonably foreseeable risk of the ki...

Excerpt: ...ly argues in the Instant Motion that Yelp as failed to comply with the Judge Schulman's Order. It is true that as of the time of the filing of the Motion, Yelp had not complied with Judge Schulman's Order. But this is because, as of the fling of the Instant Motion, on July 23, 2019, the action was stayed pending a decision by the California Court of Appeal. The Court of Appeal decided the issue on September 5, 2019, denying Yelp's req...

Excerpt: ...verage under the homeowner's policy's abuse exclusion. The moving papers only mention the "Molestation, Abuse or Corporal Punishment" exclusion in a footnote and there is no argument or adduced facts in the moving papers regarding how that exclusion applies in this case. The court concludes that the moving papers did not properly raise the issue regarding whether the abuse exclusion applies. Defendant fails to shift the burden on ...

Excerpt: ..."to the extent" a request seeks irrelevant or privileged documents are particularly problematic because it is not clear whether any documents are being withheld based on a claim of relevance or privilege. Any claim of privilege must be supported by a privilege log. CCP 2031.240(b)(2), (c)(1); Catalina Island Yacht Club v. Sup. Ct. (2015) 242 Cal.App.4th 116, 1130. Turning to the requests at issue. RFPs 1, 2, 3) Granted ‐ Roam shall supp...

Excerpt: ...e, 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 fax or consent to s...

Excerpt: ...prejudice. Defendant insurers were granted summary judgment against Motiva on August 26, 2019. Motiva has moved to seal essentially all of the "unredacted" summary judgment papers in their entirety, which would leave the public with access only to "redacted" versions of those papers. However, Motiva fails to make the showings that would allow the court to enter the express factual findings required. (CRC 2.550(d).) Two examples: C...

Excerpt: ...onably obtain evidence that he was exposed to asbestos‐ containing products or materials attributable to Defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) Defendant does not address Plaintiff's interrogatory response indicating that he purchased asbestos‐containing plumbers putty at Foster Lumber in Vallejo, California. (Defendant's Ex. C at 2; Scheiding v. Dinwiddie Constr. Co. (1999) 69 Cal.App.4th 64, 81 [the co...

Excerpt: ...igible allegations and evidentiary material purportedly giving rise to 18 different causes of action against Mr. Chandler, who owns a unit in a four‐unit building in which plaintiff Gurson S. Dang (who is representing himself in pro per) owns a second unit. Despite prior orders granting plaintiff leave to amend, the complaint still fails to allege facts sufficient to state any cause of action and is uncertain (ambiguous and unintelligible). The...

Excerpt: ...a pedestrian in a crosswalk, causing severe injuries." Plaintiff also alleges that defendant has multiple moving violations. Those allegations are insufficient to state a cognizable basis for an award of punitive damages. In order to state a prima facie claim for punitive damages, a complaint must set forth the elements stated in the general punitive damage statute, Civil Code section 3294, including allegations that the defendant has been gu...

Excerpt: ...ptember 13, 2019 is granted, and the September 30, 2019 trial date is vacated. This action was filed on February 28, 2018. Hayden was first named in the second amended complaint filed on July 11, 2019, and was served on August 7, 2019. On September 6, 2019, Hayden retained counsel to represent it, who immediately contacted plaintiff's counsel and requested a 30‐day extension of time to respond to the complaint on its behalf, and also sugges...

Excerpt: ... following tentative ruling: The Motion is granted in part, with supplemental briefing and a continued hearing required: Plaintiff is in violation of the Court's October 16, 2018 Order Re Discovery (Ex A to Moss Declaration). Plaintiff, in pro per, is advised that the prospect of settlement, while perhaps desirable, in no way affects the trial date or her obligations as a litigant to respond under oath in writing to written discovery requests...

Excerpt: ...vil Procedure § 430.10(c) is overruled. Such a plea in abatement requires an "absolute identity of parties [and] causes of action." (Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 788; Childs v. Eltinge (1973) 29 Cal.App.3d 843, 848 ["a demurrer may be sustained on the ground that another cause of action is pending only when the parties in the two cases are identical and the cause of action and issues in the two ...

Excerpt: ...9;s December 11, 2018 Code of Civil Procedure section 998 offer, which plaintiff accepted on January 15, 2019, defendant offered "to pay reasonable costs, expenses and attorney's fees based on actual time expended pursuant to Civil Code section 1794(b) as stipulated by the parties or, if the parties cannot agree, upon motion to the Court having jurisdiction over this action." (Cutler Decl., Ex. 4.) Despite the emphasized language, pla...

Excerpt: ...in its initial burden of demonstrating that plaintiffs do not possess and cannot reasonably obtain evidence that decedent Robert Douglas was exposed to asbestos‐containing products or materials attributable to defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) It cannot be inferred that Plaintiff Steven Douglas would have been unable to recognize F.W. Spencer where no follow up questions were asked. (see Weber v. John Crane, ...

Excerpt: ...es: 1. Does plaintiff's undisputed status as a temporary employee (UMF 3‐6) preclude her claims? (See Jenkins v. County of Riverside (2006) 138 Cal.App.4th 593, 616‐617 [trial court properly granted summary judgment on FEHA claim by plaintiff, who worked more than the 1,040 hours allowed to a temporary employee]; see also Scotch v. Art Institute of California (2009) 173 Cal.App.4th 986, 994 [plaintiff's proposed accommodation "amo...

Excerpt: ...from defendant is granted on the following conditions: (1) the Court will enter the parties' stipulated confidentiality order, which the parties shall submit at or prior to the hearing; (2) the City shall produce the body worn camera videos, without further redactions, and shall designate those portions of the videos that it contends are entitled to confidential treatment under applicable law; (3) the City shall provide a description of any c...

Excerpt: ... the duty to defend that render Brandt fees recoverable. Pleading the ultimate facts of intentional wrongdoing coupled with pleading of the statutory requirements for punitive damages suffices to support a claim for punitive damages. (Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 7.) 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...

Excerpt: ...onetary Sanctions. Pro Tem Judge Scott Borrowman, 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...

Excerpt: ...RC 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 telephone, the stipulation ...

Excerpt: ...n 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 ...