Excerpt: ...18 JESSIE STREET CONDOMINIUM'S Motion For Leave To File Fourth Amended Complaint To Supplement And Clarify Allegations Set Forth In The Second Cause Of Action For Negligence And Add Twelfth Cause Of Action For Intentional Failure To Disclose. The hearing will be at 9:00 am, not 9:30 am. Plaintiff's motion for leave to file a fourth amended complaint is denied. Plaintiff, a condominium owners' association, lacks standing to sue for the...

Excerpt: ...reconsideration of the December 17, 2018 order granting defendant Transportation Brokerage Specialists, Inc.'s motion to compel arbitration and stay proceedings is granted. The December 17, 2018 order is vacated and a new order is entered denying TBS's motion to compel arbitration. Zakaryan v. The Men's Wearhouse, Inc. (2019) 33 Cal. App. 5th 659 constitutes "new or different law" within the meaning of CCP 1008(a). Even if it ...

Excerpt: ... Civ. Proc. § 425.16.) Defendant and Cross‐Complainant Core Venture Capital LLC's argument that the first prong is not met because Findley "waived" the protection of the anti‐SLAPP statute by entering into the non‐disclosure agreement is meritless. In the case it relies upon for that proposition, the California Supreme Court explicitly held that a cause of action for breach of a release agreement based upon the filing of counte...

Excerpt: ...tion is granted. When the court previously issued a stay of discovery in this case rather than a complete stay, it believed that the coverage issues could possibly be resolved based on the underlying pleadings alone. At that time, the record was unclear whether resolution of the coverage issues could lead to a risk of inconsistent factual determinations that could prejudice Arup. The court now determines that there is a risk of inconsistent factu...

Excerpt: ... on November 20, 2018 is granted. The court notes that Defendant Lama Ashkar states that she was not served with the motion, and the address that appears on Plaintiff's proof of service appears to be incorrect (misspelled street name, wrong zip code). Plaintiff has shown that the order dismissing the case was entered as a result of counsel's mistake, inadvertence, surprise, or excusable neglect due to a calendaring error and counsel's...

Excerpt: ...jidsuren and Sergelen Ganutumur's application for a good faith settlement determination of their settlement with plaintiff Jeffrey Brunecker pursuant to Code of Civil Procedure § 877.6 is granted and Defendants Marin Country Day School and Steven Harrison's motion in opposition is denied. Cross‐defendants have standing to seek a good faith determination of their settlement with plaintiff, even though they did not make an appearance as ...

Excerpt: ...FENDANTS GENERAL TSO KITCHEN, INC., AND LI CAO'S Motion For An Order Establishing Admissions Or Compelling Responses And Further Responses, And Compelling Responses And Further Responses To Their First Set Of Form Interrogatories, Special Interrogatories, And Requests For Production Of Documents, And For Sanctions Judge Pro Tem Chuck Geerhart, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve ...

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 Supe...

Excerpt: ... is granted. Although Plaintiff San Francisco Independent Taxi Association acted with "reasonable diligence" in attempting to serve Defendant, Plaintiff has not demonstrated that the individual who received the summons and complaint was the person apparently in charge of Defendant's "usual place of business." (Code Civ. Proc. § 415.20(b).) Defendant shows that he has only a tenuous relationship with National Cab Company at 22...

Excerpt: ...otion For Summary Judgment, Per Section 473b Code of Civil Procedure GRANTED in part. The Court will consider Defendants' late‐filed reply brief, but will not consider the voluminous additional documentary evidence improperly included with that brief, which Defendants' counsel's declaration fails to explain or justify. "The general rule of motion practice, which applies here, is that new evidence is not permitted with reply pape...

Excerpt: ...nied as to the prayer for compensatory damages and is granted without leave to amend as to the prayer for attorney fees. As the court previously ruled in denying Mr. Vanucci's motion to strike the prayer for relief in the original complaint, the amount of compensatory damages is adequately alleged (FAC 21) and Fast Trak need not plead evidentiary facts to support those allegations. The prayer for attorney fees against Mr. Vanucci is not suppo...

Excerpt: ...proximately two months after the default was entered. The defendant provides a proposed pleading. Defendant demonstrates excusable neglect, mistake, and/or inadvertence caused entry of the default. Defendant's counsel was experiencing family issues during the time defendant's response was due. "[T]he policy of the law is to have every litigated case tried upon its merits, and it looks with disfavor upon a party, who, regardless of the...

Excerpt: ...tion in violation of public policy and denied as to her second, third, and fourth causes of action for retaliation, harassment, and failure to prevent harassment under the Fair Employment and Housing Act (FEHA). Plaintiff's FEHA claims are not arbitrable as those claims are statutory. "Generally, a collective bargaining agreement (CBA) providing for arbitration of employment grievances does not provide for arbitration of a worker's cl...

Excerpt: ... for a protective order is granted. The parties shall sign and submit for entry by the court Defendants' proposed protective order, subject to the following conditions. Plaintiff's request for an order allow her to view materials designated as Attorneys' Eyes Only is denied, without prejudice to her ability to challenge any such designations as overbroad. The protective order shall contain a provision allowing Plaintiff to use documen...

Excerpt: ...pany'S First Amended X-Complaint. *** Tentative Ruling - Part 2 of 2 *** The motion for judgment on the pleadings is granted with 30 days leave to amend as to causes of action 3-5. The parties cannot agree on what is actually pleaded in this case. Lian Tong argues that all of the claims are predicated on the 2015 cancellation agreement. Bing Wu claims that its claims are based both on the 2014 construction agreement and the 2015 cancellation ...

Excerpt: ...tative Ruling - Part 1 of 2 *** Defendants Grabhorn Institute, Lyra Corporation, William Barlow, Leslie Berriman, Phillip Bowles, William Buice, Kevin King, Helyn Maclean, Wilhelm Oehl and Paul Wattis' motion to strike portions of the first amended complaint is denied. The notice of motion is improperly directed at portions of Plaintiff's original complaint, which has been superseded by the first amended complaint. Defendants' various...

Excerpt: ...exists is a question to be decided by the court. (Baker v. Italian Maple Holdings, LLC (2017) 13 Cal.App.5th 1152, 1158.) Niesar proves that plaintiff Mary Ellen Petroni reviewed and signed the fee agreement, confirmed the retention in a subsequent letter and made an initial payment under the hourly rates stated in the agreement. (Niesar Dec. 3‐5, 7 Exs. A‐B; Sbona Dec. 9‐11; Earsom Dec. 2.) Petroni does not deny signing the agreement or po...

Excerpt: ...ions. The court finds that those documents have no probative value as they involve different actions and this court is solely concerned with whether plaintiff's first amended complaint in the instant action pleads sufficient facts to allege individual and/or class claims. The demurrer to all nine causes of action is sustained with 20 days leave to amend. "[S]imply parroting the language of [the Labor Code] in the complaint is insufficient...

Excerpt: ...udge 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 the mot...

Excerpt: .... is granted without prejudice to Defendants filing a motion to set aside the defaults entered against them. On September 17, 2018, Defendants' defaults were entered. Such entry of default cut off Defendants' opportunity to file a responsive pleading. (Forbes v. Cameron Petroleums, Inc. (1978) 83 Cal.App.3d 257, 262 ["Since defendants' default had already been entered, they had no standing to file any responsive pleading without f...

Excerpt: ...f Documents, Special <00470003002c0050005300 00510048005700440055[y Sanctions Against Enigma. Pro Tem Judge William Lynn, 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 mo...

Excerpt: ... action is sustained with leave to amend. The filing requirements of the Government Claims Act (Gov't Code §§ 905, 905.2, 945.4) apply to all of Plaintiff's state law claims. "Unless a specific exemption applies, '[a] suit for "money or damages" [within the meaning of Gov't Code § 945.4] includes all actions where the plaintiff is seeking monetary relief, regardless whether the action is found in 'tort, contract...

Excerpt: ...unsel Michael T. Risher and Stephanie Lacambra, which will not affect his ability to fairly and impartially decide this matter. Hearing required at 1:30 p.m. At the hearing, counsel should be prepared to address the following questions: 1. Does the Attorney General contest that Plaintiffs have standing to bring this action under the doctrine of public‐interest mandamus standing and/or taxpayer standing under Code Civ. Proc. § 526a? 2. Because ...

Excerpt: ...§ 430.10(f).) The amended complaint is uncertain as Plaintiff fails to comply with California Rule of Court 2.112 and separately state his distinct theories of recovery. Plaintiff is given 20 days leave to amend to set forth separately each count or cause of action in compliance with the Rule of Court. For example, a claim for intentional infliction of emotional distress shall be alleged separately from a claim for false imprisonment. Paragraph ...

Excerpt: ...f attorney's fees and costs pursuant to Code of Civil Procedure section 425.16 is granted in the amount of $36,147.50 in attorney's fees and $2,542.43 in costs. Because Defendants prevailed on their special motion to strike the complaint, they are entitled to recover their attorney's fees and costs. (Code Civ. Proc. § 425.16(c)(1).) However, the statute's legislative history shows that "the Legislature intended that a prevail...

Excerpt: ... 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 via fax ...

Excerpt: ...ross‐Defendant Rainbow Waterproofing & Restoration Co. filed its motion for summary judgment or in the alternative for summary adjudication on February 15, 2019. On April 25, it filed a motion for a good faith determination as to its settlement with Plaintiff, which is currently set for hearing on June 5, 2019. According to counsel to the Developer Defendants and Patrick McNerney, Rainbow refused their requests to withdraw its summary judgment ...

Excerpt: ...ed. The settling defendants provide substantial evidence regarding the nature and extent of their liability and Mr. Dimitriou fails to show that the settlement is out of the ballpark. (See Code Civ. Proc. § 877.6(d) [the party asserting the lack of good faith shall have the burden of proof on that issue]; Tech‐Bilt, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488, 499; Mattco Forge, Inc. v. Arthur Young & Co. (1995) 38 Cal.App.4th 1...

Excerpt: ...ontinued to August 19, 2019 to allow for jurisdictional discovery. It is Plaintiff's burden to establish jurisdiction and it must present evidence to implicate the alter ego doctrine. (See Sonora Diamond Corp. v. Superior Court (2000) 83 Cal.App.4th 523, 539‐540.) Here, the Poschl declaration does not show that Mr. Hyde has sufficient minimum contacts with California or is the alter ego of Budget Prepay, Inc. such that the Court may exercis...

Excerpt: ...ers' claims. It is undisputed that the parties entered into an arbitration agreement that covers all the claims Weathers has stated in his complaint. The agreement is enforceable because Mr. Weathers has not shown that it has any indicia of procedural unconscionability. (See Tiri v. Lucky Chances, Inc. (2014) 226 Cal.App.4th 231, 239 ["arbitration agreements are valid and enforceable, unless they are revocable for reasons under state law ...

Excerpt: ...tlement 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); s.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, ...

Excerpt: ...alski. Fink and Neilson show that the cross‐complaint arises out of protected activity of filing a lawsuit. (Sheley v. Harrop (2017) 9 Cal.App.5th 1147, 1165.) However, the cross‐complaint is "legally sufficient and supported by a sufficient prima facie showing of facts to sustain a favorable judgment if the evidence submitted by the plaintiff is credited." (Tuchscher Development Enterprises, Inc. v. San Diego Unified Port Dist. (2003...

Excerpt: ... this employment dispute. First, plaintiff says she did not sign the putative arbitration agreement; Pacific Specialist says she did. Second, plaintiff says Pacific Specialist is not a party to the arbitration agreement; Pacific Specialist says Hayes Valley Surgery Center is its "dba ‐ doing business as." As plaintiff proposes, I will hold an evidentiary hearing on these two issues. (See Hotels Nevada v. L.A. Pacific Center, Inc. (2006)...

Excerpt: ... court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect." (Code Civ. Proc. § 473(b).) Code of Civil Procedure section 473(b) is liberally construed to prevent injustice and allow cases to be decided on their merits. (Frank E. Beckett Co. v. Bobbit (1960)...

Excerpt: ...erve Acknowledgment Of Satisfaction Of Judgment Judgment Debtors' Archipelago Lighting, Inc., DM Lighting Technologies, Inc., Archipelago Lighting Tec, Inc., and Victor Deng's motion to compel judgment creditor to file and serve on judgment debtors' counsel an acknowledgement of satisfaction of judgment, or, in the alternative, for an order directing the clerk of this court to enter satisfaction of the judgment and for penalties and a...

Excerpt: ...stained with 20 days leave to amend as to the second cause of action for intentional misrepresentation, and sustained without leave to amend as to the third and fourth causes of action for negligent misrepresentation and for preliminary and permanent injunction. Plaintiff has sufficiently alleged a cause of action for breach of contract because plaintiff's interpretation of the two prohibitions in para. 4, read in conjunction with para. 5 of ...

Excerpt: ...huldiner's prior motion for the same relief. As Judge Quinn found, use of a pseudonym impairs important public rights to access court records (see, e.g., CRC 2.550(c)) and violates the requirement that a complaint include "names of all the parties" (CCP §422.40). Moreover, Schuldiner's new motion again fails to demonstrate the kind of prejudice that could outweigh public rights and statutory requirements. (See Doe v. Lincoln Unif...

Excerpt: ... Niesar & Vestal, Llp's Motion Contesting The Claim Of Privilege Assserted By Non‐ Party The Central Valley Fund, L.P. Pursuant To Code Of Civil Procedure, Section 2031.285(D)(1) This discovery dispute regards an attorney‐client‐privileged e‐mail into which a non‐privileged text message was apparently pasted electronically. Non‐party CVF Capital Partners, Inc. (which produced, then clawed back, the entire e‐mail) and defendants ...

Excerpt: ...his demurrer. The school district's demurrer to the third cause of action for vicarious liability is OVERRULED. The district could be vicariously liable if the teacher's assault arose from a work‐related conflict or event, such as a dispute with the student during class time, and such facts are adequately pled. (See, e.g., Lisa M. v. Henry Mayo Newhall Memorial Hospital (1995) 12 Cal.4th 291, 300; Carr v. Wm. C. Crowell Co. (1946) 28 Ca...

Excerpt: ...4; (Simpson Redwood Co. v. State of California (1987) 196 Cal.App.3d 1192, 1199 [citation omitted].) As an insurer for Defendant Yasinia Kennedy, Farmers has a direct interest in this litigation and a sound basis to intervene to defend against default on Ms. Kennedy's behalf under Code of Civil Procedure section 387 and Insurance Code section 11580. "[W]here the insurer may be subject to a direct action under Insurance Code section 11580 ...

Excerpt: ...n his termination. Those claims are a creature of an employment relationship. There are no allegations in the cross‐complaint that Adams had an employment relationship with Plaintiff Reisner. Because no such relationship is alleged, Adams cannot be a joint tortfeasor and UBC cannot plead a claim for equitable indemnity. "Where multiple tortfeasors are responsible for an indivisible injury suffered by the plaintiff, each tortfeasor is jointl...

Excerpt: ... 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 Superior Court ...

Excerpt: ...8‐569262 With Case No. CGC‐17‐562223 GRANTED and case No. CGC‐17‐562223 shall be the lead case. Because the two actions pending before this court involve common questions of law and fact, they are consolidated for all purposes pursuant to Code Civ. Proc., § 1048. Both actions concern defendant Swanrock's installation of solar panels on the roof of plaintiff Katherine Roberts' building and the damage Ms. Roberts suffered as a re...

Excerpt: ...1094.5(h)(1).) Petitioner has not shown that the administrative law judge committed a prejudicial abuse of discretion in applying the Morrison factors (Morrison v. State Board of Education (1969) 1 Cal.3d 214, 229; 5 Cal. Code Regs. § 80302) or that the ALJ's findings regarding those factors are not supported by the weight of the evidence. (See Broney v. California Comm'n on Teacher Credentialing (2010) 184 Cal.App.4th 462, 476‐479.) B...

Excerpt: ...ecause it did not show that all defendants are subject to jurisdiction there. (See Stangvik v. Shiley, Inc. (1991) 54 Cal.3d 744; American Cemwood Corp. v. American Home Assurance Co. (2001) 87 Cal.App.4th 431.) Defendants also failed to show that the balance of private and public interest factors makes it "just" that the litigation proceed in the alternative forum. If a hearing is requested, it will be at 9:30 a.m. A court reporter will ...

Excerpt: ...Legislature has met its burden to show the applicability of the exception for "entrance to or use of state property" from the general definition of "tax" in Article XIIIA, section 3(b)(4) of the California Constitution. Therefore, the toll increase imposed by SB 595 is not a tax subject to a two-thirds supermajority vote requirement. The Court takes judicial notice of the documents provided by the Legislature and by Co-Defendant B...

Excerpt: ...ent is no longer tenable in light of plaintiff Jane Doe's application to reopen her chapter 7 bankruptcy case; the decision by the appointed bankruptcy trustee for that case not to pursue Ms. Doe's litigation claims against TPMG; and thereafter the bankruptcy court's order closing the reopened case. At the hearing on March 12, 2019 counsel for TPMG stated that TPMG had three different arguments why its motion should be granted based o...

Excerpt: ...S Motion For Approval Of Private Attorneys General Act (Cal. Labor Code 2698, Et Seq.) Settlement Agreement And Award Of Attorneys' Fees And Costs, Incentive Payments, And Administrator Costs DENIED without prejudice to a renewed motion following appropriate amendments to the proposed settlement agreement and/or a further showing as to the following issues. First, while the Total Settlement Amount of $1.7 million is undoubtedly substantial, P...

Excerpt: ...ault of Dr. Salais in causing plaintiff Grissom's injuries. Although the pleadings do not allege what specific acts by Dr. Salais constitute a breach of the applicable standard of care, general allegations in a medical malpractice cause of action are sufficient to withstand a general demurrer. (See Landeros v. Flood (1976) 17 Cal.3d 399, 407 ["'In this state negligence may be pleaded in general terms, and that is as true of malpractic...

Excerpt: ...Hancila's motion to quash service of summons is denied and his alternative motion to set aside entry of default per Code of Civil Procedure § 473 (b) is granted. Service of process was in substantial compliance with the statutory requirement for substitute service on an individual defendant under Code of Civil Procedure § 415.20 (b). (Pasadena Medi‐Center Associates v. Superior Court (1973) 9 Cal.3d 773, 778 ["[s]ervice of process sta...