Excerpt: ..." leave to file a cross‐complaint "at any time during the course of the action." (Code Civ. Proc. § 426.50; see Silver Organizations Ltd. v. Frank (1990) 217 Cal.App.3d 94, 98‐99 ["A motion to file a cross‐complaint at any time during the course of the action must be granted unless bad faith of the moving party is demonstrate where forfeiture would otherwise result."].) Defendant Chronomite Laboratories, Inc. has not sh...

Excerpt: ...e 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 be signed vi...

Excerpt: ...34; that does not state any intelligible ground for opposing the motion. The Court finds that Plaintiff James Sales, having within the past year commenced in propria persona six lawsuits against the City and County of San Francisco that have been finally determined adversely to him, is a vexatious litigant. (Code Civ. Proc. § 391(b)(1).) Because the Court has sustained the City's demurrer to the amended complaint in this action without leave...

Excerpt: ...ees is granted. Defendants Guneet Bajwa and Sushil Patel do not dispute that Fabricor and Leizorek are the parties prevailing on the Guaranty and are entitled under that agreement to an award of "any and all costs, fees and expenses (including without limitation, reasonable attorneys' fees and costs) and expenses incurred by Guaranteed Parties in enforcing any rights and remedies under the Guaranty." The Court determines that the reas...

Excerpt: ...iner Agreement may allow expanded judicial review of the merits of the arbitrator's decision. (See Cable Connection, Inc. v. DirecTV, Inc. (2008) 44 Cal.4th 1334; but see Oaktree Capital Management, LP v. Bernard (2010) 182 Cal.App.4th 60, 70‐71.) Even assuming it does, however, Petitioner has failed to establish that the arbitrator committed legal error or exceeded his powers in rendering the award. The arbitrator expressly found that the ...

Excerpt: ...art 2 Of 2) The negligence per se doctrine does not apply because Plaintiffs have not produced any evidence that either the service brake system or the parking brake system was defective, and therefore there is no evidence that the City violated Veh. Code § 26453. (UMF 7, 10.) Further, Plaintiffs cannot proceed on a negligent training theory because they have pled only a single cause of action for motor vehicle negligence. Plaintiffs cannot avoi...

Excerpt: ...mend. As the court previously noted, Plaintiff's theory of recovery on the fraud claim is that once Defendant learned that the settlement offers were not memorialized, which was after the parties entered into their agreement, Defendant concealed the fact that Defendant intended to assert that the agreement was invalid when it received the settlement funds. (Complaint, 3:10-5:16; 7:1-24; Order Denying Defendant's Motion for Summary Adjudic...

Excerpt: ...ease in the San Francisco Bay Area by passing SB 595, of which the Court takes judicial notice. (RJN, Exh. C; see also Sts. & Hy. Code §§ 30916, 30923.) Under Article XIIIC of the California Constitution, "impose" means "enact" or "establish" and does not include the collection of the alleged "tax." (See Cal. Cannabis Coalition v. City of Upland (2017) 3 Cal.5th 924, 944 n.17 ["'impose' most plausibly...

Excerpt: ...iates, Inc. Plaintiff Northern California Collection Services, Inc.'s motion to strike answer is granted. Judicially noticeable documents show that defendant improperly filed an answer in this case on March 5, 2019, even though it has been a suspended corporation since December 1, 2016. A suspended corporation lacks the capacity to defend a lawsuit. (See Rev. & Tax. Code § 23301; Bourhis v. Lord (2013) 56 Cal.4th 320, 324.) The court normall...

Excerpt: ...whether a proposed class action settlement is fair and reasonable, a trial court "should consider relevant factors, such as the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and the stage of the proceedings, the experience and views of counsel, the presence ...

Excerpt: ... with leave to amend. Plaintiff's sole cause of action for medical malpractice is governed by the one- year limitations provision of Code of Civil Procedure section 340.5. The complaint and Plaintiff's opposition indicate that the alleged malpractice occurred on October 18, 2017, when Plaintiff alleges he witnessed medical staff refusing to treat his mother and prematurely declaring her deceased. The complaint was not filed until January ...

Excerpt: ...t 9:30am. Cross‐complainant Stan Schuldiner's motion to tax costs and amend the judgment is granted in part. The December 21, 2018 memorandum of costs filed by cross‐defendants ITC Financial Licenses, Inc. and The Bancorp Bank claims filing and motion fees of $1,620.70, deposition costs of $5,816.51 and total costs of $7,437.21, which, absent a timely filed amended memorandum, are the maximum amounts of costs recoverable by ITC and Bancor...

Excerpt: ...is an essential element of each of plaintiff Felisia Thibodeaux's claims and thus is the focus of defendants' motion. Plaintiff's supposed inability to prove causation was argued for the first time in reply, so that argument is not considered. A plain reading of plaintiff's resignation letter indicates she resigned. (Davis. Dec. Ex. A.) However, while plaintiff's evidence is weak, it must be construed liberally. (Binder v. Aet...

Excerpt: ... the dismissal under Code of Civil Procedure section 473(b) (which Plaintiff has not requested it to do), Plaintiff "has failed to identify a colorable basis for relief under the statute." (Hopkins & Carley v. Gens (2011) 200 Cal.App.4th 1401, 1410 [affirming denial of self-represented party's motion to set aside arbitration award against him where he made no real attempt to show it resulted from a mistake of fact or law, surprise, or...

Excerpt: ...ration is granted. The collective bargaining agreement ("CBA") does not include a clear and unmistakable delegation clause. Therefore, the court rather than the arbitrator will determine whether petitioner "waived" the right to arbitrate by failing to seek arbitration in compliance with the timing requirements of the CBA. (See Code Civ. Proc. § 1281.2(a) [court determines waiver]; Platt Pacific Inc. v. Andelson (1993) 6 Cal.4th 3...

Excerpt: ...ll amount of the proposed settlement is fair and adequate in view of the purposes and policies of PAGA, taking into account such factors as the adequacy of the civil penalties in light of the potential maximum if the matter were to go to verdict and the risks of litigation. (Lab. Code § 2699(l)(2); see Flores v. Starwood Hotels & Resorts Worldwide, Inc. (C.D. Cal. 2017) 253 F.Supp.3d 1074, 1077; O'Connor v. Uber Technologies, Inc. (N.D. Cal....

Excerpt: ...d in this chapter prosecuted by the employee, the employer, or both jointly against the third person results in judgment against such third person, or settlement by such third person, the employer shall have no liability to reimburse or hold such third person harmless on such judgment or settlement in absence of a written agreement so to do executed prior to the injury." This provision generally bars all personal injury and equitable indemnit...

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: ... attachment against Defendant Treva Cooke is granted in the amount of $115,361.45, plus reasonable attorneys' fees in the amount of $11,333.33. Code of Civil Procedure section 484.010 provides for issuance of a right to attach order and writ of attachment upon filing of the complaint or any time thereafter. A court "shall issue a right to attach order" if it finds: (1) the claim upon which the attachment is based is one upon which an ...

Excerpt: ... 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 Tem who will decide the motion with t...

Excerpt: ... 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 Tem who will decide t...

Excerpt: ...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 Tem who will decide th...

Excerpt: ...cause the action was filed in the county where one of the defendants resides. (Code Civ. Proc. § 395(a).) Moving defendants have not shown that Plaintiff improperly joined the resident defendant. "A defendant's residence for venue purposes may only be disregarded when the joinder is sham, against one having no real interest in the litigation, who is joined solely for the purpose of achieving venue in a particular county." (Buran Equi...

Excerpt: ...ction Caves et al. v. Walgreen Co., Case No. 2:18-cv-02910-MCE-DB, in the U.S. District Court for the Eastern District of California is granted. The factors specified in Caiafa Prof. Law Corp. v. State Farm Fire & Cas. Co. (1993) 15 Cal.App.4th 800, guiding the court's discretion in considering a stay of the state action when there is a pending federal action covering the same subject matter, weigh heavily in favor of staying the instant acti...

Excerpt: ...r Coordination Defendants Volkswagen Group of America, Inc. and Anderson Enterprises, Inc.' motion to stay proceedings pending determination of petition for coordination is GRANTED. This action is stayed until a ruling on the petition to coordinate is made by the Los Angeles Superior Court after the hearing on June 6, 2019. This court has the inherent power to issue such a stay. (Jordache Enters., Inc. v. Brobeck, Phleger & Harrison (1998) 18...

Excerpt: ... for leave to file fourth amended complaint is GRANTED. California has a policy of liberally permitting amendments to pleadings at any stage of the proceeding. (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 760.) Similarly, Code of Civil Procedure section 474 liberally allows Doe amendments where Plaintiffs were ignorant of facts that would support a cause of action against the new Defendant, even if Plaintiffs knew the identity of the Defend...

Excerpt: ...ition for writ of mandamus is SUSTAINED without leave to amend. Petitioner's assertion that there is no tax law in effect is not a factual allegation, but a legal argument that is not entitled to deference on a demurrer. (See McBride v. Boughton (2004) 123 Cal.App.4th 379, 384 ["We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law."].) Revenue and Taxati...

Excerpt: ... For Order Compelling Further Response To Demand For Production Of Documents From Def. Cha Corp. And Imposing Monetary Sanctions In The Amount Of $3,942 Plus Costs Against Defendant Chamdi, 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 sti...

Excerpt: ...nc.S Memorandum Of Costs Or, In The Alternative, Tax Costs; Memorandum Of Points And Authorities In Support Thereof Plaintiff Colin Heilbut's motion to strike defendant Equinox Holdings, Inc.'s memorandum of costs is DENIED. Plaintiff's alternative motion to tax costs is GRANTED. The parties agree that the costs sought for witness and electronic‐document‐hosting fees are excessive. Those costs are thus taxed $4,430, reducing the a...

Excerpt: ...mplaint is GRANTED. Kong's original complaint naming Doe defendants was filed September 29, 2015; he then had three years to identify and serve Drs. Vu and Hanks as Does to avoid mandatory dismissal. (Id. ("shall be served"); Inversiones Papaluchi S.A.S. v. Sup. Ct. (2018) 20 Cal.App.5th 1055, 1061.) Absent tolling, the date by which Kong had to serve Vu and Hanks was September 29, 2018, and he did not serve them until March 11, 2019....

Excerpt: ...ion to reconsider" is denied. Even assuming plaintiff's characterization of the appellate record, I cannot, for several reasons, grant the relief sought ‐ enforcement of what plaintiff calls the "settlement agreement." First, a settlement would require approval by the Board of Supervisors and the Public Utilities Commission, but the record is bare of evidence that either approval occurred. Second, the settlement cannot be enforc...

Excerpt: ...ed] OrderRulings:Set for hearing on Thursday, May 9, 2019, Line 12, PLAINTIFF RACHEL ARCHULETA's Motion To Enforce Stipulated Settlement Agreement Pursuant To C.C.P. 664.6, For An Order Compelling Performance And For Sanctions In The Amount Of $1,996.00, As Against Defendant Aryan Kenchin And His Attorneys Of Record Sheena Patel And John Ranucci Per C.C.P. 128.5. Plaintiff Rachel Archuleta's motion to enforce settlement is denied. For Cod...

Excerpt: ...gainst Mr. Zhen only; and sustained without leave to amend as to the first, second, fourth, and fifth causes of action for breach of contract, unlicensed contractor, slander of title, and petition to remove mechanics lien. As the court previously held in ruling on the demurrer to the first amended complaint, Mr. Kung has pled a viable claim for negligence (construction defects) against Mr. Zhen which needs to be restated verbatim in the operative...

Excerpt: ...ode section 2802. Labor Code section 2802 does not require an employer to indemnify its employees for expenditures or losses arising out of a lawsuit brought by the employer. (Thornton v. Cal. Unemployment Ins. Appeals Bd. (2012) 204 Cal.App.4th 1403, 1420 ["[U]nder Labor Code section 2802 . . . an employee sued by his employer is not entitled to reimbursement for the costs of successfully defending against the lawsuit because the reimburseme...

Excerpt: ...erference with economic relations, and without leave to amend as to the third and fourth causes of action. As to the first cause of action, "[t]he general rule is that the words constituting an alleged libel must be specifically identified, if not pleaded verbatim, in the complaint." (Kahn v. Bower (1991) 232 Cal.App.3d 1599, 1612 n.5; see also <00170018001b0011000c00 00550003005700520003[plead a claim of defamation with sufficient certai...

Excerpt: ...minations 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 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 ...

Excerpt: ...r service, the court credits Mr. Sterling's uncontroverted declaration that he does not know the person named "Maria" with whom the summons was left, that he does not know a person with that name to be in charge of the hospital, and that he did not receive the summons and complaint. (Sterling Decl. 12, 13; see Fernandes v. Singh (2017) 16 Cal.App.5th 932, 941 ["declaration of non‐service if credited by the trial court can rebut ...

Excerpt: ...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 by email. If n...

Excerpt: ...mber 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 authorit...

Excerpt: ...ntiff is alleging a vicarious liability cause of action per Gov't Code § 815.2 and/or a direct claim per Gov't Code § 815 and Civil Code § 2100. A claim against a public entity must be pleaded with particularity, including the existence and source of a statutory duty. (Searcy v. Hemet Unified School Dist. (1986) 177 Cal.App.3d 792, 802.) Plaintiff can allege a vicarious liability claim based on conduct by City employees. Plaintiff alle...

Excerpt: ...first amended complaint is overruled as to the first and second causes of action for strict liability manufacturing defect and negligence in manufacturing and sustained without leave to amend as to the third cause of action for failure to warn. Liberally construing the complaint, Plaintiff has identified federal regulations previously violated by Defendants and alleged to have been violated leading to the incident that injured Plaintiff. (FAC 13,...

Excerpt: ...eclarations of Fulvio Cajina and Matthew Haley demonstrate just cause for the continuance as they identify specific facts essential to oppose the motion. Dr. Cohen was decedent's main treating therapist and a key witness in this case. Dr. Cohen's deposition occurred on April 22, 2019, which was only one day prior to the opposition due date, and there was insufficient time to incorporate her testimony into the opposition papers. Although t...

Excerpt: ...y Graff's first amended complaint is sustained with 20 days leave to amend. Plaintiffs have not properly pled negligent entrustment because such a claim requires pleading of facts that the owner of the vehicle entrusted the vehicle to someone known to be unfit to drive. (Lindstrom v. Hertz Corp. (2000) 81 Cal.App.4th 644, 648.) The first amended complaint only alleges facts related to failing to secure the car and allowing it to be stolen. As...

Excerpt: ...t or alternatively summary adjudication as to the causes of action stated against it by cross‐complainants Fifth Historic Properties, LLC, 418 Jessie Historic Properties, LLC and 418 Jessie Properties, LLC in their first amended cross‐complaint is granted as to all causes of action. Northern Pacific Roofing is entitled to summary adjudication of the causes of action for equitable indemnity/ implied contractual indemnity, contribution, and neg...

Excerpt: ... papers and the declaration sought to be sealed fail to make the required "specific showing of serious injury" if the declaration sought to be sealed is made available to the public. (Universal City Studios, Inc. v. Superior Court (2003) 110 Cal. App. 4th 1273, 1282). "In delineating the injury to be prevented, specificity is essential. Broad allegations of harm, bereft of specific examples of articulated reasoning, are insufficient.&...

Excerpt: ...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 authority as a Super...

Excerpt: ...uments From Swett And Crawford Pro Tem Judge Julia Campins, 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...

Excerpt: ... is fair and adequate in view of the purposes and policies of PAGA, taking into account such factors as the adequacy of the civil penalties in light of the potential maximum if the matter were to go to verdict and the risks of litigation. (Lab. Code § 2699(l)(2); see Flores v. Starwood Hotels & Resorts Worldwide, Inc. (C.D. Cal. 2017) 253 F.Supp.3d 1074, 1077; O'Connor v. Uber Technologies, Inc. (N.D. Cal. 2016) 201 F.Supp.3d 1110, 1132‐11...

Excerpt: .... Continued to a date agreed to by the parties after May 15, 2019 to give them the opportunity to continue settlement discussions. The parties should send an email to [email protected] stating the date they agreed to for the hearing. The parties should send an email to [email protected] stating the date they agreed to for the hearing. The CCP 170.3 statement filed by non‐party Joanna Pfeister to Pang Ly is denied without need fo...

Excerpt: ...ns, 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 same ...