Excerpt: ...t‐A‐Car Company Of San Francisco, LLC. Plaintiff Rachel Archuleta's motion to tax costs sought by Defendant Enterprise Rent‐A‐Car Company of San Francisco, LLC is denied. Plaintiff sued and served Enterprise as National Car Rental. On February 13, 2019, Defendants Enterprise and Enterprise Holdings, Inc. filed a demurrer to the complaint. On February 14, 2019, Plaintiff filed a request for dismissal without prejudice as to National Ca...

Excerpt: ...isticated Home Builder, Inc. In The Amount Of $892 Pro Tem Judge Naomi Gray, 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 p...

Excerpt: ...d 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 by email....

Excerpt: ...udge, 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 t...

Excerpt: ... its moving papers, the court reversed the trial court's order sustaining the defendants' demurrer, holding squarely that "the Rosenthal Act's definition of 'debt collector' applies to a mortgage servicer who engages in debt collection practices in attempting to obtain repayment of mortgage debt." (Id. at 304; see also id. at 303 ["In our view, those federal courts that have concluded that section 1788.2 's def...

Excerpt: ...the complaint identifies the name of the defendant as David Farbe, a slight misspelling does not render service defective if the person served is aware that he is the person named as a defendant. (Sakaguchi v. Sakaguchi (2009) 173 Cal.App.4th 852, 857.) Here, the proof of service shows that Mr. Farber was personally served with the summons and complaint and confirmed his identity to the process server. Mr. Farber's contention that he was the ...

Excerpt: ...on for order to allow Plaintiff to file a first amended complaint for violation of Equal Pay Act and retaliation is granted. The liberal policy of amendment supports the motion. Plaintiff need not prove the corrected allegations she seeks to make, but need only specify those matters listed in Rule 3.1324, including when the facts giving rise to the amendment were discovered. Defendant Github, Inc. has not shown that the minor changes Plaintiff se...

Excerpt: ...ewardsFlow LLC, American Prize Center LLC, and Mohit Singla's answer is granted. California follows the American rule, which provides that each party to a lawsuit must ordinarily pay his own attorney fees. (Trope v. Katz (1995) 11 Cal.4th 274, 278.) Attorney fees are recoverable by a prevailing party only when authorized by contract, statute, or law. (Code Civ. Proc. § 1033.5(a)(10).) Defendants have not pled any contractual or statutory bas...

Excerpt: ....'s demurrer to the complaint by plaintiffs Donald R. McCaffree and Sara McCaffree is overruled as to the fourth cause of action for fraudulent concealment and is sustained with leave to amend as to the fifth and sixth causes of action for intentional and negligent misrepresentation. The complaint alleges with sufficient specificity facts supporting a cause of action for fraudulent concealment. "[A] duty to disclose material safety concer...

Excerpt: ...f action for unjust enrichment is sustained with leave to amend. (See Code Civ. Proc. § 430.10(e).) Plaintiff has leave to plead specific facts regarding why the Management Services Agreement may be unenforceable, e.g., if the agreement is found to conflict with the Federal Controlled Substances Act. (See Klein v. Chevron U.S.A., Inc. (2012) 202 Cal.App.4th 1342, 1389.) Defendants' demurrer to the first through fourth causes of action on gro...

Excerpt: ...delina Wine Company's demurrer to the first amended complaint is overruled as to the first and third causes of action for conversion and unfair competition/unfair business practices and sustained without leave to amend as to the second, fourth, and fifth causes of action for breach of contract, promissory estoppel, and equitable estoppel. The Court grants Defendants' request for judicial notice of the underlying materials in the Court'...

Excerpt: ...n with Ms. Durbin, Mr. Masry "mentioned a possibility of involvement of something 'starting with an M and ending with an L.'" (Sims. Decl., Ex. D [Mar. 16, 2017 email from Durbin to Slobodianiuk].) That statement is ambiguous, and is too vague to be actionable. The term "money laundering" does not "end with an L," nor do Plaintiffs provide evidence of extrinsic circumstances which show that Ms. Durbin understood it...

Excerpt: ...ng 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 the motion sign th...

Excerpt: ...filing an answer is granted in large part. Plaintiff Earlisha Nash is seeking to pursue claims both on behalf of a class and on an individual basis. Plaintiff's individual claims undoubtedly fall within the scope of employment and are therefore covered by the arbitration agreement. Based on the plain language of the Arbitration Agreement, there is no agreement to arbitrate class claims, so those claims must remain in this Court. (See Flamenco...

Excerpt: ...m And For Sanctions In The Amount Of $10,365.41. Plaintiff Qian & Nemecek LLP's motion to compel compliance by Laurel SPE, LLC with subpoena duces tecum is granted. Plaintiff's motion for sanctions in the amount of $10,365.41 is denied. Nonparty Laurel SPE, LLC's motion for sanctions is denied. Finally, the parties are directed to meet and confer regarding any objections that Laurel SPE has to the scope of the subpoena, and Laurel SPE...

Excerpt: ...To Compel Further Responses And For Monetary Sanctions; Separate Statement In Support Of Plaintiffs' Motion To CompelRulings:Matter on calendar for Tuesday, April 23, 2019, Line 5, PLAINTIFFs JOSE CRUZ, CLAUDIA LOBO, NORMA LOBO, KELIS LOVO-IRAHETA, BYRON ORELLANA, CLAUDIA LOBO AS GUARDIAN AD LITEM, CLAUDIA LOBO AS GUARDIAN AD LITEM FOR, CLAUDIA LOBO AS GUARDIAN AD LITEM's Motion For Orders To Compel Further Responses And For Monetary Sanc...

Excerpt: ...m, defendants owed no fiduciary duty to plaintiff as a matter of law. As pled, Buyer LLC was a manager‐managed limited liability company, and members of such an LLC owe one another no fiduciary duty by reason of being members. (Cmplt. Exh. A §5.1; Corp. Code §17704.09(f)(3).) Only its manager owes duties of loyalty and care to a member of a manager‐managed LLC. (Id. at (f)(1); Feresi v. The Livery, LLC (2014) 232 Cal.App.4th 419, 425.) Plai...

Excerpt: ... this court in 2018 ‐ Nos. 570621, 566431 and 564434. (CCP §1048(a).) All three cases regard disputes over the project's construction costs. Thus adjudicating common issues in one court department would be more efficient than having three departments consider overlapping facts and risk inconsistent findings. (Edmon & Karnow, California Practice Guide: Civil Procedure Before Trial (TRG 2016) §12:359 ("Edmon & Karnow").) Two subcont...

Excerpt: ...ase involving plaintiff's slip on a puddle in its grocery store (premises liability). The puddle and the slip are undisputed (UMF 2‐6), but Safeway says it lacked actual or constructive notice of the puddle. Safeway fails to shift the burden of production on the actual or constructive notice issues. The only evidence that Safeway adduces is plaintiff's deposition testimony and there was no comprehensive discovery regarding the notice is...

Excerpt: ...CP §340.6's one‐year statute of limitations. But they must establish from the complaint's face and the judicially‐noticed materials that the complaint is "necessarily barred." (Favila v. Kattan Muchin Rosenman LLP (2010) 188 Cal.App.4th 189, 224) (defendant's burden; "statute of limitations will not lie where the action may be, but is not necessarily barred").) Defendants' main argument is that plaintiffs lear...

Excerpt: ...te provides in pertinent part, "in making an order pursuant to motion made . . . under section 1987.1, the court may in its discretion award the amount of the reasonable expenses incurred in making or opposing the motion, including reasonable attorney's fees, if the court finds the motion was made or opposed in bad faith or without substantial justification or that one or more of the requirements of the subpoena was oppressive." (Code...

Excerpt: ...ndants City and County of San Francisco and Warren Rubit's motion for summary judgment is denied. Defendants' motion for summary adjudication as to the first cause of action for negligence is denied. Defendants fail to maintain their initial burden of production. The Court construes the first cause of action as a claim pursuant to Gov't Code § 815.2 ["A public entity is liable for injury proximately caused by an act or omission o...

Excerpt: ... arbitration is granted and the action is stayed pending arbitration of Plaintiff Alcantar & Kahn, LLP's claims. The parties' retainer agreement contains an arbitration clause which provides that in the event of a dispute as to attorney's fees or costs, Alcantar & Kahn will provide Vias with written notice of its right to arbitrate the dispute under the Mandatory Fee Arbitration Act, Bus. & Prof. § 6200 et seq. Upon receiving such no...

Excerpt: ...ent And Recall And Quash Writ Of Judgment, If Entered And Motion To Quash Service Of Summons Memorandum Of Points And Authorities. Defendant Gatti's motion to vacate the default entered on April 17, 2018 and default judgment entered on September 27, 2018 is granted. Plaintiff failed to effectuate proper service and the default and default judgment are void pursuant to Code of Civil Procedure section 473(d). Plaintiff did not properly substitu...

Excerpt: ... granted and the DLSE proceedings shall be stayed pending the arbitration of plaintiff DeEveria Lacy's claims. This order shall constitute the Court's statement of decision on the petition pursuant to Code Civ. Proc. § 1291. There is no dispute that Plaintiff signed a Dispute Resolution & Arbitration Policy, which requires binding arbitration of all employment-related legal disputes. Contrary to Crestwood's argument, that Policy does...

Excerpt: ... Maria Teos and Ranfie Ancelovici's motion to vacate the defaults entered on January 22, 2019 and January 25, 2019 is granted. Defendants have shown good cause for relief under the discretionary provision of CCP § 473(b). Defendants filed this motion within a reasonable time after entry of the defaults and have shown they were entered as the result of mistake, inadvertence, and/or excusable neglect. The declarations of Kimberley Hill and Gle...

Excerpt: ...efendant and Cross‐Complainant William J. Thomson dba Thomson Inspection Service's motion for leave to amend cross‐complaint to substitute true names for fictitiously named cross‐defendants is granted. Section 474 is to be liberally construed, and "even though the plaintiff knows of the existence of the defendant sued by a fictitious name, and even though the plaintiff knows the defendant's actual identity (that is, his name), t...

Excerpt: ...per procedural vehicle to strike inadequately pled punitive damages allegations. (See Turman v. Turning Point of Central California, Inc. (2010) 191 Cal.App.4th 53, 63-64.) In order to state a prima facie case for punitive damages, a complaint must set forth the elements stated in the general punitive damages statute, Civil Code section 3294, including allegations that the defendant has been guilty of oppression, fraud, or malice. (Civ. Code § 3...

Excerpt: ...r Deposition And For Monetary Sanctions Plaintiff Sandy Lim's motion to compel Defendant American General Life Insurance Company's person most knowledgeable for deposition and for monetary sanctions is denied. American General, at Plaintiff's request, properly designated Angela Butler as the person most knowledgeable to testify on its behalf in response to Plaintiff's PMK notice. It did not refuse to make Ms. Butler available for ...

Excerpt: ...ney's fees is stricken pursuant to Code of Civil Procedure § 435(b) because it is not supported by any allegation as to a contract or statute authorizing such fees. (Code Civ. Proc. § 1033.5.) Plaintiff has 20 days leave to amend if he can allege in good faith a contractual or statutory basis supporting recovery of attorney's fees. The prayer for punitive damages is supported by the fraud allegations and the motion to strike this portio...

Excerpt: ...sco whether to dismiss the arbitration Defendants initiated against Mr. Corbelli. If BASF does not dismiss the arbitration and those proceedings go forward, there is a risk of inconsistent rulings and duplicative and burdensome proceedings; accordingly, a brief stay is appropriate. If BASF dismisses the arbitration, the stay shall terminate by its terms without the need for a further order. Any party who contests a tentative ruling must send an e...

Excerpt: ...cause of action for unjust enrichment are simply stated as receipt of a benefit and unjust retention of the benefit at the expense of another. (Professional Tax Appeal (2018) 29 Cal.App.5th 230, 238.) The complaint adequately pleads those elements. (Compl. 22-23.) However, in order to assert a claim for restitution based on unjust enrichment, Plaintiffs must make it clear that the claim is an inconsistent claim alleging the absence of an enforcea...

Excerpt: ...nded cross‐complaint is denied. Although California's policy of liberality in amendment of pleadings generally warrants granting a request for leave to file an amended pleading before trial, under the unusual circumstances of this case the Court believes that the potential prejudice to Plaintiff Jason Roussos outweighs that policy, particularly given Defendant's lengthy delay in seeking to amend, the potential prejudice to Plaintiff, an...

Excerpt: ...ruled in part. MPC's demurrer is overruled as to causes of action 1, 2, and 6. First, 28 alleges that MPC is a party to the contract and the court takes that allegation as true. Second, the court defers to plaintiff's interpretation of the contract on demurrer where plaintiff's position is not clearly erroneous. (See Rutherford Holdings, LLC v. Plaza Del Rey (2014) 223 Cal.App.4th 221, 229.) In this case, Lutz signed the operating agr...

Excerpt: ...cond amended complaint by January 31, 2019, and has not filed any opposition to the motion. The Court is aware of Ms. Welty's "Fifth Declaration," filed with the Court on March 21, 2019. That declaration was presented for filing in the Court's case management department in response to a February 21, 2019 order to show cause, and was not filed in response to this motion. The physician's letter attached to the declaration, dated...

Excerpt: ...isjoinder. (See Code Civ. Proc. § 430.10(d).) TPC St. Helena is the cross-complainant on the first and second causes of action and seeks to recover on its behalf as well as derivatively on behalf of Spring Mountain Hotel LLC. TPC has no right to maintain the cross-complaint because it is not "[a] party against whom a cause of action has been asserted in a complaint." (Code Civ. Proc. § 428.10.) TPC is an interloper. The third cause of a...

Excerpt: ...f Civil Procedure § 1286.6 is applicable. "Generally, courts cannot review arbitration awards for errors of fact or law, even when those errors appear on the face of the award or cause substantial injustice to the parties." (Richey v. AutoNation, Inc. (2015) 60 Cal.4th 909, 916.) "More specifically, courts will not review the validity of the arbitrator's reasoning." (Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 11.) The rel...

Excerpt: ... this Court's September 21, 2018 Order Confirming Arbitration Award, which awarded Plaintiff costs, and the accompanying Judgment in his favor. (Code Civ. Proc. § 1032(a)(4) [defining "prevailing party" to include the party with a net monetary recovery]; Caro v. Smith (1997) 59 Cal.App.4th 725, 736 ["'Under [Code of Civil Procedure] section 1287.4, judgment is entered when an award is confirmed; the costs provisions of sectio...

Excerpt: ... "any dispute" relating to that agreement "shall be submitted to JAMS in San Francisco, CA, or if that forum is not available, to another equivalent alternative dispute resolution forum." A "forum" is "a court or arbitral tribunal ‐ each with its own set of rules and procedures," and each ADR provider has its own set of rules and procedures. (Alan v. Sup. Ct. (2003) 111 Cal.App.4th 217, 224.) JAMS having disquali...

Excerpt: ....) Petitioner had demonstrated that respondent abused its discretion by failing to proceed in accordance with the law. Public Resources Code § 5024.1(f)(3) provides that: Where an objection has been raised, the commission shall adopt written findings to support its determination concerning the nomination. At a minimum, the findings shall identify the historical or cultural significance of the resource, and, if applicable, the overriding signific...

Excerpt: ...ion 1033.5. The attorneys' fees provision in the underlying construction contract entitles Webcor to recover "the actual costs and expenses incurred in connection with the prosecution or defense of such action and any appeals in connection therewith, including actual attorneys' fees, expert fees, consultant's fees or costs and compensation for their time spent by in-house costs." " '[W]hile it is reasonable to interpre...

Excerpt: ...with the supporting declaration filed on February 20, 2019. A motion must be served and filed at least 16 court days before the hearing. (Code Civ. Proc. § 1005(b).) For Defendant's guidance, the Court may order that a record be filed under seal only if it expressly finds facts that establish that there exists an overriding interest that overcomes the right of public access to the record, the overriding interest supports sealing the record, ...

Excerpt: ...on for an order to show cause re contempt against Plaintiff Tour‐Sarkissian Law Offices, LLP is denied. On January 8, 2019, the Court granted Mr. Chan's motion to compel arbitration and stayed this action pending the completion of the arbitration proceedings. The Court has "no jurisdiction to dismiss an arbitration proceeding for failure to prosecute it in a reasonably diligent fashion." (Brock v. Kaiser Foundation Hospitals (1992) ...

Excerpt: ...rty can demonstrate that the challenged claims arise out of the moving party's protected petitioning activity; and if so (2) whether the party bringing the claims can demonstrate that those claims have some level of minimal merit such that they have a reasonable probability of success. (CCP §425.16; Navellier v. Sletten (2002) 29 Cal.4th 82, 88.) Plaintiff's motion fails to satisfy the first step of the analysis. Plaintiff has failed to ...

Excerpt: ...a Ltd.'s motion to stay entire action is denied. (See GGIS Insurance Services, Inc. v. Superior Court (2008) 168 Cal.App.4th 1493, 1505 [stay of coverage action not warranted where coverage issues can be decided as a matter of law without making factual determinations that would prejudice the insured in the third‐party action]. Arup's alternative motion to stay discovery is granted. (See Riddell, Inc. v. Superior Court (2017) 14 Cal.App...

Excerpt: ...ro Tem Judge Melinda Derish, 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 ...

Excerpt: ... asserted by plaintiffs Christine Glover, Melinda Soriano, Maria Vicedor, and Tiffany Gomez is granted, and the action is stayed pending the completion of arbitration. Hallmark Aviation has met its burden to show by a preponderance of the evidence that plaintiffs electronically signed the New Hire Policy Acknowledgement Form by completing an onboarding process which Plaintiffs accessed through a unique user name and password provided to them thro...

Excerpt: ...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 may be signe...

Excerpt: ...$17,714.50 in fees and $3,143.96 in costs and expenses. Plaintiffs' counsel unnecessarily and unreasonably expended 16.1 hours in preparing responses to written discovery after the parties had reached substantial agreement on the terms of their settlement, and 11.3 hours traveling to San Francisco and appearing at a January 15, 2019 hearing on an order to show cause that could have been avoided, had Plaintiffs dismissed the action within 45 d...

Excerpt: ...erest in judicial economy favor granting the motion. The proposed amended complaint would add a single cause of action comprising three new charging allegations that substantially overlap with Plaintiff's existing allegations and causes of actions. Defendants' claim that the new cause of action is barred by the statute of limitations may be raised by demurrer. Defendants have failed to show they would be substantially prejudiced by allowi...