Excerpt: ...e for the quality and nature of the work performed, and that not all of the time spent by plaintiff's counsel was "necessarily expended" to enforce defendant's liability under the Rosenthal Fair Debt Collection Practices Act. (Civ. Code § 1788.30(c).) This finding is based on the Court's review of the record and of counsel's time records, taking into account among other things counsel's expertise in the subject matter...

Excerpt: ... 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 stipulatio...

Excerpt: ...pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The Court declines to judicially notice the findings, conclusions, and decision of the hearing officer at the prior substitution hearing or Redwood's hearing brief in connection with that hearing. DPR has not shown that the factual findings in the prior Public Contract Code section 4107 hearing are properly ...

Excerpt: ...ions must have evidentiary support or are likely to have such support. The record shows that although the parties contemplated that Murry would become a shareholder in the future, going so far as to change the name of the firm and enter into an interim stock purchase agreement, at all times the law firm was a professional corporation and Murry never actually became a de jure shareholder. (Cohorn Decl., Exs. A ‐ E.) The corporate minutes, signed...

Excerpt: ...llegations of fact in the complaint as well as facts which may be inferred from those expressly alleged. (Mez Industries, Inc. v. Pacific Nat. Ins. Co. (1999) 76 Cal.App.4th 856.) Defendant improperly alleges facts regarding Bhawana Thai Massage, LLC, that are not found in the SAC and as to which defendant has not properly sought judicial notice. (See Code Civ. Proc., § 430.70; Cal. R. Ct. 3.1306(c).) Plaintiff was granted leave to amend in orde...

Excerpt: ...ts' demurrer to the fraud cause of action. Defendants' motion to strike plaintiff's request for attorney's fees is denied. Code of Civil Procedure § 1021.5 authorizes an award of attorney's fees to successful parties in actions that have "resulted in the enforcement of an important right affecting the public interest." It is essential to such an award that "a significant benefit, whether pecuniary or nonpecuniary,...

Excerpt: ...Caritas notes, plaintiff Anthony Videau's opposing separate statement does not comply with CRC 3.1350. The document improperly excludes Caritas' evidentiary citations and largely fails to cite opposing evidence to try to create triable issues. This alone is "sufficient ground" to grant the motion. (CCP §437c(b)(3).) But Videau's claims also fail on the merits. Videau signed on‐duty meal period agreements on May 18, 2012, Au...

Excerpt: ...f California, Inc.'s Motion for Summary Judgment is denied. Defendant withdrew its motion as to summary adjudication on punitive damages. Defendant failed to sustain its initial burden of demonstrating that plaintiff does not possess and cannot reasonably obtain evidence that Plaintiff Richard Travalini was exposed to asbestos‐containing products or materials attributable to Defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 82...

Excerpt: ...tiffs do not possess and cannot reasonably obtain evidence that Plaintiff Rosalyn Johnston was exposed to asbestos‐containing products or materials attributable to Defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) That Plaintiff Roderick Johnston's co‐ workers Thomas O'Mahoney, Timothy O'Mahoney, and Leonard Williams lack personal knowledge regarding the asbestos content of gaskets, packing, and valves they tes...

Excerpt: ...ro 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 before the Judge Pro Tem who will decide t...

Excerpt: ...NT TIJUANA'S PRODUCE, INC.'s Motion Seeking To Change Venue. Defendant Tijuana's Produce, Inc.'s motion to change venue under Code Civ. Proc. § 397(c) is denied. Section 397(c) is discretionary, and permits transfer from one proper county to another proper county when "the convenience of witnesses and the ends of justice would be promoted by the change." The burden is on the party seeking a change of venue to prove that b...

Excerpt: ...each of contract, and common count. The first cause of action for contract reformation fails because Civil Code section 3399 is inapplicable. Section 3399 is used to reform a contract to reflect the shared intent of the parties at the time the contract was formed. (Civ. Code § 3399; see Shupe v. Nelson (1967) 254 Cal.App.2d 693, 700 ["[T]he contract may be reformed to express a single intention entertained by both parties. Although a court o...

Excerpt: ...o 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 decide the m...

Excerpt: ...ntingent Worker Agreement between plaintiff and Matrix Resources, Inc. was limited to "any dispute that arises out of or relates to [plaintiff's] assignment with the Bank." That assignment terminated on October 23, 2017, when plaintiff accepted an offer of employment extended to her by Bank of the West. (Cohen Decl., Ex. B.) That offer contained an express integration clause in which plaintiff acknowledged, "there are no other agr...

Excerpt: ...tion of the judge pro tem is adopted. Defendant Talesun Solar USA Ltd.'s motion for judicial determination of Martifer‐Silverado Fund I, LLC's attorney‐client privilege is granted on the ground that Plaintiff waived the attorney‐client privilege with respect to the email in question by failing to object to questioning of Mr. Isern about that document during the first day of his deposition on July 11, 2018, and by failing to request ...

Excerpt: ...34;MAPP") Rules. Delta contends that they are part of the parties' agreement and are not reasonably subject to dispute. (Evid. Code, § 452(h); Delta's Request for Judicial Notice, 1:5‐10.) However, the court cannot take judicial notice of a private contract where the parties dispute its terms or applicability. (See Gould v. Maryland Sound Industries, Inc. (1995) 31 Cal.App.4th 1137, 1145 ["we hold the existence of a contract be...

Excerpt: ... $5,940. [For Entry Of Tentative Ruling <0050004500480055000300 000f0003002f004c0051[e 3, DEFENDANTS ADAMAS BUILDERS INC., TONY DIGIORNO, ADAMAS DEVELOPMENT, LLC, UNION AND POLK PARTNERS, LP, ANDREW BROUGHTON's Motion 1-To Compel Plaintiff Keehae Park's Appearance For Deposition, 2-To Compel Further Answers At Ms. Park's Deposition, 3-To Limit Plaintiff's Counsel To Objections Based On Privilege, And 4-For Monetary Sanctions Again...

Excerpt: ...c., § 439.) Defendant's main argument is that the alleged oral agreement is barred under the statute of frauds. (Code Civ. Proc., § 1624.) Plaintiff did not respond to this argument in its opposition. A contract that by its terms is not to be performed within a year from the making is invalid, unless in writing. (Code Civ. Proc., § 1624, subd. (a); see Lacy v. Bennett (1962) 207 Cal.App.2d 796, 809 ["The terms of the oral agreement may...

Excerpt: ...suant to a jury award was entered against defendant Sally Liu in the total amount of $48,967.00. On the same date, the Court granted plaintiffs' motion for attorney's fees and costs against defendant pursuant to San Francisco Rent Ordinance section 37.10B, which provides, "a prevailing party shall be entitled to reasonable attorney's fees and costs pursuant to order of the court." The award was in the amount of $22,750 for att...

Excerpt: ...rrowman, 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 motion with the ...

Excerpt: ... cause of action for quantum meruit is denied. "[A]s a matter of law, a quasi-contract action for unjust enrichment does not lie where, as here, express binding agreements exist and define the parties' rights." (California Medical Association, Inc. v. Aetna US Healthcare of California, Inc. (2001) 94 Cal.App.4th 151, 172 [trial court properly sustained without leave to amend demurrer to quasi-contract claim for reasonable value of ser...

Excerpt: ...r. Pro Tem Judge Maxwell Pritt, 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 deci...

Excerpt: ...d to allege alter ego liability. The court previously overruled defendant Javelin Logistics Company, Inc.'s demurrer because plaintiff alleges facts regarding successor liability. (First Amended Complaint, Paras. 31‐34 and 38; McClellan v. Northridge Park Townhome Owners Ass'n, Inc. (2001) 89 Cal.App.4th 746, 753 [successor corporation can be liable where "the transaction amounts to a consolidation or merger of the two corporations&...

Excerpt: ...f Veronica McCluskey's motion to lift stay, which the Court granted by order dated August 8, 2019, was both factually and legally frivolous. In particular, the Court finds that plaintiff's contention that defendants were in "default" in the arbitration proceedings was entirely lacking in either evidentiary or legal support. In fact, as set forth in the order, and as was fully known to plaintiff's counsel, the American Arbitrat...

Excerpt: ...is conditional consent was vitiated when defendant physician did not communicate all the information necessary to consent to surgery. (See Compl. 39‐40, 63‐66.) The allegations do not support a claim for battery against Dr. Cinar and Dr. Hirose because plaintiff does not allege that his consent was predicated upon any condition. When a doctor fails to meet his due care duty to disclose pertinent information, the action should be pleaded in ne...

Excerpt: ...dentified in the Court's orders sustaining demurrers to those complaints with leave to amend. The claims for defamation alleged in Paragraphs 12, 13, 17, and 18 of the SAC are time‐barred. (Code Civ. Proc. § 340(c).) Those claims also fail to allege with specificity the words which constituted the alleged defamation, as do the undated (and unauthorized) allegations of slander in paragraphs 15 and 16. The claim for alleged slander in Paragr...

Excerpt: ... bringing a legal action or proceeding against any other party arising out of or relating to this Agreement must bring the legal action or proceeding in the United States District Court for the District of Utah or in any court of the state of Utah sitting in Salt Lake City." Further, all parties waived any objection "to the laying of venue of any legal action or proceeding arising out of or relating to this Agreement brought in any court ...

Excerpt: ...nate the risk of inconsistent factual determinations that could prejudice the insured, a stay of the declaratory relief action pending resolution of the third party suit is appropriate when the coverage question turns on facts to be litigated in the underlying action." (Montrose Chemical Corp. v. Superior Court (1993) 6 Cal.4th 287, 301.) Although the classic case under Montrose is a situation where an insurer can undermine the defense of its...

Excerpt: ...ed 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).) Abs...

Excerpt: ...7c(f)(1); see Catalano v. Superior Court (2000) 82 Cal.App.4th 91, 92 ["a claim for punitive damages is one of the substantive areas which is properly the subject of a motion for summary adjudication."].) In general, punitive damages may be awarded on a claim for intentional discrimination in an appropriate case. (See Weeks v. Baker & McKenzie (1998) 63 Cal.App.4th 1128, 1147‐1148 ["The FEHA does not itself authorize punitive damage...

Excerpt: ...gues that Defendant waived its right to compel arbitration. Determination of waiver is a question of fact, not to be lightly inferred. (St. Agnes Medical Center v. PacifiCare of California (2003) 31 Cal.4th 1187, 1195.) The party who resists arbitration carries a heavy burden of proof and doubts regarding a waiver allegation should be resolved in favor of arbitration. (Id.) As Plaintiff acknowledges, courts consider the following factors when det...

Excerpt: ...nt facts to support a claim under the unfair and unlawful prongs. With regard to a fraud prong claim, "[m]ost courts have concluded that Plaintiffs must allege their own reliance on the alleged misrepresentations, rather than the reliance of third parties." (Taxi Coop., Inc. v. Uber Techs., Inc., 114 F.Supp.3d 852, 866 (N.D. Cal. 2015).) Plaintiff cannot do so in this case. An unfair and unlawful prong claim does not employ the same relia...

Excerpt: ...laim against CCSF and plaintiff fails to highlight a statutory basis to support the claim in compliance with Gov't Code § 815. In C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 865‐866, the California Supreme Court found that a school district may be vicariously liable under Gov't Code § 815.2 for the negligent supervision of its administrators despite the restrictions of the California Tort Claims Act. Accordi...

Excerpt: ...he 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 ...

Excerpt: ...ernative, To Exclude Williams From Testifying At Trial (Part 1 of 2). Pro Tem Judge Adrienne Rogers, 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 <0003005700520003005700 005100030056004c004a>n the stipulation, the hearing ...

Excerpt: ...laims for sexual harassment, assault and battery, and sexual battery. In her original unverified complaint, filed on November 29, 2017, plaintiff alleged that throughout her employment from June 2014 until she was terminated on March 30, 2017, her supervisor, defendant John Brekke, subjected her to unwelcome physical contact, including hugging, kissing, touching, and sexual suggestive communications and contact. (Complaint, 7.) She alleged this h...

Excerpt: ...ri & Jung LLP, Feldman Gale, and Cozen O'Connor) is granted, without prejudice to the issuance of new subpoenas that do not seek production of information protected from disclosure by the attorney‐client privilege and/or the attorney work product doctrine. (See generally Los Angeles County Board of Supervisors v. Superior Court (2016) 2 Cal.5th 282, 293‐300; County of Los Angeles Bd. of Supervisors v. Superior Court (2017) 12 Cal.App.5th ...

Excerpt: ...ember 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 motion with the same authori...

Excerpt: ...Discovery Requests, And For Sanctions (part 1 of 2) 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 ...

Excerpt: ...ckholders (Corp. Code §309(a)), but Lujan cites no authority holding that such a duty is owed to a co‐director. Lujan's reliance on PMC, Inc. v. Kadisha (2000) 78 Cal.App.4th 1368 is misplaced; a director's liability for his tortious acts to third parties does not support the existence of a fiduciary duty to a co‐director. Lujan's claims for indemnity and contribution are time‐ barred by the two‐year statute of limitations. (...

Excerpt: ...is sustained without leave to amend. Both causes of action in plaintiffs' first amended complaint are precluded by the doctrine of legislative immunity, which bars actions against judicial officers when they act in a legislative capacity. Because the Court previously set forth its detailed analysis of this ground in its July 10, 2019 order denying plaintiffs' motion for a preliminary injunction, and plaintiffs rest entirely on their prior...

Excerpt: ...eave To Amend. Plaintiff NextArts's motion for relief regarding this Court's order sustaining defendants' demurrer to complaint without leave to amend is granted on the conditions that plaintiff's counsel (1) file the first amended complaint within 5 days of the Court's order and (2) pay defendants $1,500 to reimburse them for the costs they incurred in filing the demurrer and attending the hearing. Plaintiff's counsel fai...

Excerpt: ...ication (Part 2 Of 2 For Purposes Of Entry Of Tentative Ruling Only). (Continued from Part 1 of 2) Mr. Strateman's motion for summary adjudication is denied on the conversion, unjust enrichment, and accounting causes of action. The conversion and unjust enrichment causes of action can be based on the alleged improper salary draw. Defendant Jamie Strateman's motion for summary judgment is denied. As explained in the companion motion, defen...

Excerpt: ...le in the sale of bikes like the one that allegedly injured Ms. Goldblatt. They are granted leave to amend to add such allegations and to clarify how Velofix Holdings specifically is connected to the bicycle enterprise and how it owed a duty to Ms. Goldblatt. 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 r...

Excerpt: ...ause of action under the Act. (See Carter v. Prime Healthcare Paradise Valley LLC, 198 Cal.App.4th at 406-407 [elements of cause of action include that the defendant (1) had responsibility for meeting the basic needs of the elder, such as medical care; (2) knew of conditions that made the elder unable to provide for her own basic needs; and (3) denied or withheld services necessary to meet the elder's basic needs, either with knowledge that i...

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: ...im that warrants sanctions is one that is "totally and completely without merit or for the sole purpose of harassing an opposing party." (Code Civ. Proc., § 128.5(b)(2).) Defendant fails to show that the claims in plaintiff's first amended complaint meet that standard. It appears that the parties have a good faith dispute regarding whether plaintiff was supposed to receive actual stock certificates, whether plaintiff was apprised of ...

Excerpt: ...o file second amended complaint is denied. Contrary to Plaintiffs' assertion that the proposed amendments are based on facts they only recently learned in discovery, Defendants' showing establishes that Plaintiffs have been aware of many if not most of those facts since 2013 and 2014, and indeed that Plaintiffs previously attested to many of them in verified discovery responses more than one year ago. Further, the case was originally file...

Excerpt: ...leave to file first amended complaint is denied. Plaintiffs did not file this motion until after Defendants had filed their pending motions for summary judgment and the Court had granted Plaintiffs' motion for trial preference and advanced the trial date to October 15, 2019. Further, Plaintiffs admit that the reason for their motion is to attempt to meet Defendants' arguments in their motions for summary judgment, which were filed in late...

Excerpt: ...rald Niesar, And Oscar Escobars Renewed Motion For Summary Judgment Against Plaintiff Buenofrio, Inc. (Part 2 Of 2 For Purposes Of Entry Of Tentative Ruling Only) (Continued from Part 1 of 2) Defendant fails to show that Buenofrio Inc. waived its claims. Buenofrio, Inc. agreed to waive claims against "the Business, the Acquired Assets, Purchaser, any of Purchaser's affiliates . . . , and agreed not to bring any actions or claims "agai...