Excerpt: ...ct, and unwanted sexual attention following a 2010 episode of attempted forced sexual contact. Liberally construed - as they must be at the pleading stage - the allegations do not run afoul of the two-year statute of limitations, and they support the element of severe and pervasive unwelcomed conduct of a sexual nature. (SAC 14, 17, 18, 20-23, 26, 34-35; Richards v. CH2M Hill, Inc. (2001) 26 Cal.4th 798, 823; Birschtein v. New United Motor Mfg., ...

Excerpt: ...t Irene Pangilinan. 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 ...

Excerpt: ...t he was properly served with the summons and complaint, and he admits he received the March 6, 2019 letter from Plaintiff's counsel notifying him that Plaintiff would seek entry of default unless he responded to the complaint. Mr. LeClerc contends that he did not understand that he was required to respond to the complaint because the package also included a notice of an initial case management conference, but he does not explain why he (appa...

Excerpt: ...ry judgment and its alternative motion for summary adjudication of the cross‐complaint is granted as to all causes of action stated by cross‐complainants Fifth Historic Properties, LLC, 418 Jessie Historic Properties, LLC and 418 Jessie Properties, LLC. As to the causes of action stated by the Martin Building Company, the motion is granted as to the causes of action for equitable indemnity, contribution, and negligence and is denied as to the...

Excerpt: ...und, et al.'s motion to transfer and consolidate actions is granted. The claims asserted by Defendant and Cross‐Complainant Arturo Devesa in Devesa v. Stanford University, Santa Clara County Superior Court Case No. 19‐CV‐347760, share numerous common factual and legal issues with those asserted by Mr. Devesa in his second amended cross‐complaint and proposed third amended cross‐ complaint in this action, and involve many of the same...

Excerpt: ...irements 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 tele...

Excerpt: ...rivolous appeal to the U.S. Court of Appeals for the Ninth Circuit. (Compl. 18.) He alleges further that Yan fraudulently transferred assets to third parties, including Legal Recovery, LLC, to avoid paying that award. (Id. 21‐23, 26.) The only charging allegations against Mr. Mora in the first amended complaint are that he is the agent for service of process of Legal Recovery, and is not a California resident, and that he has "actively rend...

Excerpt: ...tiff and Cross‐ Defendant Lian Tong, LLC is denied. The motion is brought under Code of Civil Procedure Section 425.16(c)(1), which provides that if the court finds that a special motion to strike is "frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney's fees to a plaintiff [here, a cross‐complainant] prevailing on the motion, pursuant to Section 128.5." Defendants' m...

Excerpt: ...fendants Asher Holman and Emmanuel Al-Thani is denied, on several independent grounds. First, the motion for summary adjudication was set for hearing less than 30 days before the date of trial without a prior court order establishing good cause. (Code Civ. Proc. §§ 437c(a)(2),(3); see Robinson v. Woods (2008) 168 Cal.App.4th 1258, 1268 ["Unless and until the trial court found good cause, the notice of the hearing was invalid."].) Second...

Excerpt: ...ntered into a partly handwritten Stipulation for Settlement, signed by all parties and counsel, which had been prepared on February 8, 2019 during mediation with a neutral bench officer at ADR Services. The signed Stipulation for Settlement contains a provision whereby the court reserved jursidiction to enforce the terms and conditions of the settlement pursuant to Code of Civil Procedure Section 664.6. The Stipulation for Settlement recited that...

Excerpt: ...a County Superior Court is denied without prejudice to its renewal. Defendants' motion under Code of Civil Procedure Section 396b(b) for an award of reasonable expenses and attorney's fees incurred in making the motion is denied. Defendants' alternative motion to stay the action pending the final resolution of the action currently in trial in Alameda County Superior Court, Jonathan Bornstein v. Daniel Bornstein, et al., Case No. RG16-...

Excerpt: ...bankruptcy protection although she was aware that Mr. Echtman had transferred his severance pay to his girlfriend for "safekeeping" several months before he retained Ms. Kostopoulos's services. It is also undisputed that Ms. Kostopoulos did not timely communicate to her client, Mr. Echtman, the settlement offer by the Trustee's counsel during the bankruptcy proceedings. (Echtman depo. 113‐114; Lucey Decl. Exh.3; Echtman Decl. Ex...

Excerpt: ...s bad faith allegations sufficiently support her prayer for relief for emotional distress and punitive damages. (See Jordan <001300190015000f000300 004900030057004b0048[ insurer denies benefits unreasonably (i.e., without any reasonable basis for such denial, it may be exposed to the full array of tort remedies, including possible punitive damages"]; Frazier v. Metropolitan Life Ins. Co. (1985) 169 Cal.App.3d 90, 101, 108 [affirming award of ...

Excerpt: ... verbatim their legal terms or plead their legal effect. (Compl. 18, 25, 32, 75.) (See Miles v. Deutsche Bank National Trust Co. (2015) 236 Cal.App.4th 394, 402 ["a plaintiff may plead the legal effect of the contract rather than its precise language."]; McKell v. Washington Mutual, Inc. (2006) 142 Cal.App.4th 1457, 1489 ["A written contract may be pleaded either by its terms-set out verbatim in the complaint or a copy of the contract...

Excerpt: ...dvertence, surprise, or excusable neglect, and has timely sought relief. (Code Civ. Proc. § 473(b).) Defendant mistakenly argues, relying on Huens v. Tatum (1997) 52 Cal.App.4th 259, that discretionary relief under Section 473 is not available for voluntary dismissals. Huens held only that "the mandatory 'attorney affidavit' provisions of section 473 cannot be used to set aside a voluntary dismissal executed pursuant to a settlement....

Excerpt: ...uling has been emailed to all counsel on June 18, 2019 ** 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 Board is required to prepare a proposed order which repeats verbati...

Excerpt: ...ase as limited if there is no reasonable possibility that the court could render a judgment greater than $25,000. (Ytuarte v. Superior Court (2005) 129 Cal.App.4th 266, 276-277; Singer v. Superior Court (1999) 70 Cal.App.4th 1315, 1320; Walker v. Superior Court (1991) 53 Cal.3d 257, 269.) Plaintiff seeks statutory damages of $900 under Civil Code section 2943. The complaint also alleges that as a result of Defendants' refusal to provide a sta...

Excerpt: ...ion Of Documents Set One. 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 Ju...

Excerpt: ...elatedly joined by Defendant Roadhouse Distribution, Inc. f/k/a/ Voss Distribution, Inc., is denied. Defendants have not met their burden to show that "the convenience of witnesses and the ends of justice would be promoted by the change." (Code Civ. Proc. § 397(c).) "A much more extensive factual showing is required for motions based on the 'convenience of witnesses and the ends of justice.'" (California Practice Guide: C...

Excerpt: ...ments 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 telepho...

Excerpt: ...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 to ...

Excerpt: ...n of emotional distress requires "outrageous conduct" on behalf of the defendant. (Davidson v. City of Westminster (1982) 32 Cal.3d 197, 209.) For conduct to be outrageous, it must be "so extreme as to exceed all bounds of that usually tolerated in a civilized community." (Id.) "[I]t is generally held that there can be no recovery for mere profanity, obscenity, or abuse, without circumstances of aggravation, or for insults, in...

Excerpt: ...itration award as to Respondent Linda T. Chen is granted. Contractual arbitration awards are subject to judicial review only on narrowly limited grounds. Respondent has not shown that any of the statutory grounds for vacating an arbitration award apply. (Code Civ. Proc. § 1286.2.) The only ground Respondent raises is Code of Civil Procedure section 1286.2(a)(5), which states that the court shall vacate the award if "[t]he rights of the party...

Excerpt: ...dividual may be proper at the defendant's "usual mailing address," before an individual may be served by substitute service, the burden is on the plaintiff to show that the summons and complaint "cannot with reasonable diligence be personally delivered to the person to be served." Code Civ. Proc. § 415.20(b). Here, the proof of service is facially defective because it does not show that Plaintiff exercised reasonable diligenc...

Excerpt: ...s' compensation statute by failing to plead it as an affirmative defense in its answer. "Generally speaking, in a lawsuit for personal injury damages, a defendant has the burden of pleading and proving, as an affirmative defense, the existence of the conditions of compensation under the workers' compensation law." (Brown v. Desert Christian Center (2011) 193 Cal.App.4th 733, 739, citing Doney v. Tambouratgis (1979) 23 Cal.3d 91, 9...

Excerpt: ...or, Kiransinh Thakor, and Lataben Thakor's demurrer to Plaintiffs' Maria Elena Melgoza and Elder Chocoj's complaint is overruled as to all ten causes of action. Plaintiffs make sufficient allegations to support each cause of action and to lay out their theory for how each of the nine named defendants allegedly played a role in the Labor Code violations asserted in the complaint. (See, e.g., Complaint 1‐14, 16‐19, 29‐30, 40, 51, ...

Excerpt: ...tion" as those pled in the FAC because plaintiff's first PAGA action and the class action involve only wage and hour claims, while the causes of action asserted in the FAC are for retaliation and wrongful termination. (Code Civ. Proc. § 430.10(c); see Bush v. Superior Court (1992) 10 Cal.App.4th 1374, 1384 [actions were not on the same cause of action where they did not involve invasion of the same primary right].) Even though the claims...

Excerpt: ...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 stipulat...

Excerpt: ...coverage to the broker's clients. (Travelers Property Casualty Company of America v. Superior Court (2013) 215 Cal.App.4th 561, 565.) The third party's remedy is against the client for failing in its obligation to procure insurance, not against the broker for failing to provide it. (Id.) The Subcontract Agreement requires the subcontractor, HMI Enterprises, Inc., to obtain workers compensation insurance, but does not mention Delaplace or ...

Excerpt: ...er Agreement, Bank of the West is an intended third-party beneficiary of the Agreement. (See Agreement 8 ["By signing this Agreement you consent and agree that any dispute that arises out of or relates to your assignment with the Bank (including, without limitation, any dispute with or claim against the Bank), . . . shall be submitted to binding arbitration[.]" (emphasis added)]; id. 8(ii) ["Bank may lawfully seek enforcement of this ...

Excerpt: ... defendants or some of them reside at the commencement of the action is the proper court for the trial of the action." (Code Civ. Proc. § 395(a).) Both Defendants are residents of Los Angeles. Venue is only proper where the injury occurred when the injury is a physical injury to a person or personal property; the injury "does not include mere injury to reputation, business or personal feelings." (Plum v. Newhart (1931) 118 Cal.App. 7...

Excerpt: ...ained without leave to amend only "where it is clear that there is no reasonable possibility that the plaintiffs could establish a community of interest among the potential class members and that individual issues predominate over common questions of law and fact¿Whenever there is a reasonable possibility plaintiffs can plead a prima facie community of interest among class members, the preferred course is to defer decision on the propriety o...

Excerpt: ... fact and law are pending before the court in these cases brought by four Environmental Protection Agency employees. All allege maladies from airborne toxins in their place of work at 75 Hawthorne Plaza related to a large‐scale renovation. Plaintiffs might have moved earlier, but judicial economy will be served and inconsistent adjudications avoided, and consolidation is discretionary. (Todd‐Stenberg v. Dalkon Shield Claimants Trust (1996) 48...

Excerpt: ...5c000300360052>lutions Corp.'s motion to dismiss based on forum non conveniens is GRANTED. A mandatory forum-selection clause "will ordinarily be given effect without any analysis of convenience." (Intershop Communications v. Sup. Ct. (2002) 104 Cal.App.4th 191, 196.) It need not be determined whether the forum-selection clause in the master services agreement (New York) or the statement of work (Washington) applies; both are mandator...

Excerpt: ...led. McMillin Albany LLC v. Superior Court (2018) 4 Cal.5th 241 does not bar the breach of express warranty, breach of implied warranty, and violation of CC&Rs causes of action. All of those claims sound in contract and therefore they are viable. (See Civ. Code § 943(a) ["[T]his title does not apply to any action by a claimant to enforce a contract¿"]; McMillan Albany LLC, 4 Cal.5th at 249 ["the statute here leaves the common law un...

Excerpt: ...ernment Claims Act apply to plaintiffs' negligence cause of action against the City. (Gov't Code §§ 905, 905.2, 945.4.) The City's records from the Claims Division show that no claim was filed. The court takes judicial notice of the Rothschild declaration pursuant to Evidence Code section 452(c) and Gong v. City of Rosemead (2014) 226 Cal.App.4th 363, 376. Plaintiffs allege that they sent a letter with their claim to Susan Ehrlich, ...

Excerpt: ...vil Procedure § 389 (b) is moot in light of the court's ruling granting defendant's motion to quash service of summons. According to Ms. Gomez's declaration, she is providing legal services as a natural person and "the Law Office of Alicia Gámez" is a fictitious name under which she is doing business but is not a separate legal entity. (Gámez Decl. 3(c)(d); see Providence Washington Ins. Co. v. Valley Forge Ins. Co. (1996) ...

Excerpt: ...port and recommendation of the judge pro tem. Defendants California Public Utilities Commission, Michael Picker, and Liane M. Randolph's ill‐conceived motion to stay discovery, or in the alternative, for a protective order is denied. Defendants contend that certain of Plaintiff's claims are barred by collateral estoppel or by her failure to exhaust judicial remedies because she did not file a petition for writ of mandate challenging the...

Excerpt: ... the court's judgment, and is denied as to the request to correct the amount of the award and is granted as to the incorrect naming of Alex Kwak as a judgment debtor. The court has the inherent power under Code of Civil Procedure Section 473(d) to correct clerical mistakes in its judgment. The motion to correct the arbitration award as to the sum awarded is both untimely and unfounded. Because the court intended to confirm the arbitration awa...

Excerpt: ...e of Civil Procedure section 998 offer, which Plaintiff accepted, Defendants offered "to pay reasonable costs, expenses and attorney's fees based on actual time expended pursuant to Code of Civil Procedure Section 1794(b) as stipulated by the parties or, if the parties cannot agree, upon motion to the court having jurisdiction over this action." Despite the emphasized language, Plaintiff never made any effort to stipulate to an award ...

Excerpt: ...alifornia Rules of Court, Rules 2.550 and 2.551. The Court finds that there exists an overriding interest that overcomes the right of public access to the portions of the records to be sealed; the overriding interest supports sealing those records; a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; the proposed sealing is narrowly tailored; and no less restrictive means exist to achieve t...

Excerpt: ...ted that the incident that gave rise to the administrative decision took place at the East Beach Parking Lot in Crissy Field in the Presidio of San Francisco. The Presidio is a federal enclave in which, with limited exceptions not applicable here, the federal government has exclusive jurisdiction. (E.g., Standard Oil Co. of California v. California (1934) 291 U.S. 242, 243‐244; United States v. Watkins (N.D. Cal. 1927) 22 F.2d 437, 438‐441; s...

Excerpt: ...ott Smith's motion for reconsideration of the Court's March 15, 2019 order denying Defendant's motion for sanctions under Code of Civil Procedure sections 128.5 and 128.7 is denied, and the Court declines Mr. Smith's invitation to reconsider the order on its own motion pursuant to Le Francois v. Goel (2005) 35 Cal.4th 1094. None of the purported new evidence Mr. Smith seeks to present affects the basis for the Court's original...

Excerpt: ...ng policy favoring liberal amendment of pleadings supports the motion. Plaintiff Ali R. Shakoori has failed to show that the proposed amendments are barred by the sham pleading doctrine. "Critically, the sham pleading doctrine 'cannot be mechanically applied.' [Citation.] It 'is not intended to prevent honest complainants from correcting erroneous allegations or prevent the correction of ambiguous facts.'" (JPMorgan Chase ...

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...

Excerpt: ... 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 authority as a Superior Court Judge. If ...

Excerpt: ...ds is granted. The court orders the stay lifted and the matter restored to calendar because of the arbitration's termination due to Defendants' failure to pay arbitration fees. (Dhillon Decl., Exh.9). (See Cinel v. Christopher (2012) 203 Cal.App.4th 759, 769 n.11 ["the arbitration proceedings had not taken place due to failure to pay fees, and thus the trial court regained full jurisdiction, in the language of the statute, at 'suc...

Excerpt: ... strike or, alternatively, tax Respondents' cost memorandum is granted in the amount of $86.40, and is otherwise denied on the ground that Respondents were the prevailing parties on Petitioners' motion to enjoin arbitration. Respondents shall recover their costs in the amount of $480.00. 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 argume...

Excerpt: ...intiff was on inquiry notice with regard to her claim at the latest by October 2015. (First Amended Complaint, 33, 39, and 40.) Counsel Kleczek, who represents other plaintiffs with claims similar to plaintiff Rivera's, explains that these allegations only pertained to the other plaintiffs and they have no relevance to plaintiff Rivera's claim. (Kleczek Dec.) The court finds that counsel's drafting error provides a plausible explanati...

Excerpt: ...rt's April 10, 2019 order sustaining Defendant David Dyer's demurrer to the first amended complaint without leave to amend is denied. While Plaintiff seeks leave to file a second amended complaint based on certain facts that occurred after he filed his opposition to Defendant's demurrer, the new allegations he seeks to add cannot overcome the dispositive defects identified by the Court in its prior order. His attempt to reargue the Co...