Excerpt: ... Superior Court. Defendant Julie Anne Mesman's motion to change venue is denied. Defendant's motion to change venue under Code Civ. Proc. § 397(a)'s mandatory grounds is denied. On a motion to change venue, the burden is on the moving party to show (1) that venue is proper in a different county than the one in which the lawsuit was filed and (2) that venue is improper in the current county under any applicable theory. (La Mirada Community Hospit...

Excerpt: ... Or, In The Alternative, Summary Adjudication Of Issues. Defendants San Francisco Unified School District, Valerie Hoshino, Lisabeth Castro-Smyth, and Julie Goot's motion for summary judgment and alternative motion for summary adjudication are denied in their entirety. As to the breach of mandatory duty claim, the court determines that CANRA required that a report be made on behalf of plaintiff John Doe as a victim and there is a triable dispute ...

Excerpt: ...ge Steve Stein, 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 wi...

Excerpt: ...er 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 authority ...

Excerpt: ... Kimomex's CEO, CFO and secretary. (TAC 7:11‐15.) Lujan was also Kimomex's responsible managing employee (RME), making him personally liable for its unpaid sales, employment and income taxes. (Id.) Lujan pleads that "commencing in 2014, taxing authorities have seized on" him "to satisfy these liabilities based on his status as RME." (Id. at 9:12‐15.) On August 23, 2019, Lujan filed his TAC; it pleads a single cause of action, for "indemnity a...

Excerpt: ...r A Protective Order Against Anna Gatti For Failure To Attend And Proceed With Noticed Deposition Under CCP 2025.430, 2025.420 Pro 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 T...

Excerpt: ...mayof, Simayof, Inc., a California corporation, and SIMUS, Inc., a California corporation, dba Simayof; and to a judgment of $135,000 against World of Charms, Inc., a Nevada corporation, aka WOC, Inc., aka Sarit Simayof Reveal Your Charm and Sarit Simayof, aka Sarit Simhayoff‐ Cohen, an individual (hereinafter "WOC"). The evidence indicates that Adi Simayof breached the stipulation for entry of judgment by failing to make timely payments. Mr. S...

Excerpt: ...Unum Life Insurance Company of America's motion to sever is granted. The court severs the cause of action for writ of mandamus against the Commissioner of the Department of Insurance and directs the Clerk of the Court to assign a new case number to that claim. There is no basis for mandatory joinder of the writ of mandamus claim against the Commissioner and the breach of contract and bad faith claims against the insurers. Compulsory joinder is re...

Excerpt: ... lawsuit was filed and (2) that venue is improper in the current county under any applicable theory. (La Mirada Comm. Hosp. v. Sup. Ct. (1967) 249 Cal.App.2d 39, 42.) Defendant fails to show that venue is improper in San Francisco County under any applicable theory. Under Code of Civil Procedure § 395.5, a "corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability ...

Excerpt: ... Determination. Caritas Management Corporation's Motion to Contest Good Faith Settlement is granted. This ruling is without prejudice to settlors renewing their application for a good faith determination upon a proper evidentiary showing. Although settlors assert this is a "miniscule" liability case in light of Caritas' role in hiring and supervising Mr. Bursey, they have not presented any admissible evidence that would enable the Court to determ...

Excerpt: ... of indebtedness in a certain sum, (2) the consideration, i.e., goods sold, work done, etc., and (3) nonpayment.'" (Farmers Ins. Exchange v. Zerin (1997) 53 Cal.App.4th 445, 460; see also Interstate Group Administrators, Inc. v. Cravens, Dargan & Co. (1985) 174 Cal.App.3d 700, 708 ["A book account may furnish the basis for an action on a common account ' . . . when it contains a statement of the debits and credits of the transactions involved com...

Excerpt: ...e Civ. Proc., § 430.10(e), (f).) A "demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures." (Khoury v. Maly's of California (1993) 14 Cal.App.4th 612, 616; see also Lickiss v. Financial Industry Regulatory Authority (2012) 208 Cal.App.4th 1125, 1135 ["demurrers for uncertainty are disfavored, and are granted only if the pleading...

Excerpt: ...he court employs the independent judgment rule when analyzing petitioner's writ of mandate because she has a fundamental vested right to the disability benefits if in fact she was disabled in 2004 when she stopped working for respondent. (See Beckley v. Board of Administration (2013) 222 Cal.App.4th 691, 697.) "[I]n exercising its independent judgment, a trial court must afford a strong presumption of correctness concerning the administrative fin...

Excerpt: ...dence that he was exposed to asbestos‐containing products or materials attributable to Defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) Plaintiff testified that insulation dust would fall from the boards when the scaffolding was dismounted and dismantled and dust would float through the air while employees were walking around the process. (Defendant's Ex. E [Houchins Deposition at 746].) Plaintiff also testified that indust...

Excerpt: ...iffs Form Interrogatories, Set One, Numbers 2.5, 12.1 And 15.1; Request For Sanctions Against Defendant Ying Shen And Her Attorney Of Record, Stanley Shen, In The Amount Of $1,644.95 Pro Tem Judge Sanford Kingsley, 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: ...n for violation of the Equal Pay Act. To recover under Labor Code, § 1197.5(a) or (b), Plaintiff must demonstrate that she performed "substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions." (Id; see also Hall v. County of Los Angeles (2007) 148 Cal.App.4th 318, 323 ["The Equal Pay Act exists to ensure that employees performing equal work are paid equal wages wi...

Excerpt: ...red against them on August 23, 2019, is granted. Defendants' showing supports the conclusion that the defaults were taken as a result of mistake, surprise, inadvertence, or excusable neglect because Mr. Quinlan, a non‐lawyer who had never done any business with Liberty Mutual Insurance (which is suing as a subrogee), did not understand the summons or why he was being sued. (Quinlan Decl. 2.) "Because the law strongly favors trial and dispositio...

Excerpt: ...uest For Production From Defendant Volkswagen Group Of America, Inc., And Request For Sanctions. Pro Tem Judge Robert Kane, 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 ...

Excerpt: ... Request For Production Of Documents And For Request For Sanctions. Pro Tem Judge Robert Kane, 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, ...

Excerpt: ...LS DBA CALIFORNIA PACIFIC'S Motion Contesting Determination Of Good Faith Settlement By Non‐Party San Francisco Ear, Nose Throat Medical Group, Inc. As Requested In Defendant Dr. Hartmans Application For Good Faith Settlement Determination Defendant Sutter Bay Hospitals' motion contesting determination of good faith settlement as to San Francisco Ear, Nose, & Throat Medical Group ("SF ENT") is denied. Sutter Bay is correct that by statute, a go...

Excerpt: ... that he was never personally served with the summons and complaint, and that the papers were left with his wife. (Milholland Decl. 3‐4.) The registered process server in Hawaii who signed the proof of personal service says that he personally served Mr. Milholland after confirming his identity by name. (West Decl. 4.) There is reason to doubt Mr. Milholland's (or his counsel's) veracity. His counsel represented to Plaintiff's counsel that it wa...

Excerpt: ...annot reasonably obtain evidence that he was exposed to asbestos‐containing products or materials attributable to Defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) Defendant failed to show that it conducted comprehensive written discovery designed to elicit all the evidence Plaintiff has to support his claim of exposure. (Weber v. John Crane, Inc. (2006) 143 Cal. App. 4th 1433, 1442.) Plaintiff's objection to Exhibits B and ...

Excerpt: ...s or materials attributable to Defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) Defendant does not address Plaintiff's interrogatory response indicating that he purchased asbestos‐containing plumbers putty at O'Connor Lumber Company in Vallejo, California. (Defendant's Ex. B at 3; Scheiding v. Dinwiddie Constr. Co. (1999) 69 Cal.App.4th 64, 81 [the court "can infer nothing at all with respect to questions which were neither...

Excerpt: ...dgment on the pleadings as to Plaintiff's first cause of action is denied. A motion for judgment on the pleadings lies only for defects on the face of the complaint‐ extrinsic matters are improper. (Code Civ. Proc., § 438(d).) As such, the Court cannot consider discovery admissions or other evidence controverting the pleadings. (Id.; see Cal. Prac. Guide Civ. Pro. Before Trial (The Rutter Group 2018) 7:322.) Defendants' heavy reliance on such ...

Excerpt: ...allegations are not "irrelevant, false, or improper" within the meaning of Code of Civil Procedure, § 436(a). Even if plaintiffs cannot establish respondeat superior liability based on Defendant Derek Chu's conduct, the allegations are proper to support other theories of liability such as aiding and abetting. The allegations are also proper as to other defendants. Any party who contests a tentative ruling must send an email to contestdept302tr@s...

Excerpt: ...tion for mandatory relief (1) is filed within six months of the entry of judgment, (2) is in proper form (3) is accompanied by the attorney affidavit of fault, and (4) demonstrates that the default was "in fact caused by the attorney's mistake, inadvertence, surprise, or neglect." (Code Civ. Proc., § 473(b); Martin Potts & Associates, Inc. v. Corsair, LLC (2016) 244 Cal.App.4th 432, 443.) Defendant's criminal defense attorney states in his decla...

Excerpt: ...he means by "statistical data." Re timing: Plaintiff shall be prepared to discuss why information from years she was not eligible for promotion consideration is relevant and discoverable. Re geographic scope: the parties shall be prepared to address what decisionmaking functions regarding walking boss promotions are done outside the Port of Stockton, including any situations where the Steering Committee did not adopt a recommendation from the spe...

Excerpt: ...y adjudication is denied. Plaintiff failed to maintain its initial burden of production. To prevail on its foreclosure of mechanic's lien claim, Plaintiff is obligated to show the reasonable value of its work/services, because the amount due is the lesser of the reasonable value of the work provided by the claimant and the contractually agreed price. (Civ. Code § 8430(a)(1).) "The actual amount due on the lien presents a question of fact for the...

Excerpt: ...Hague Convention and implementing statutes permit the request for judicial assistance sought. 23 UST 2555, 28 U.S.C. 1781; Societe Nationale Industrielle Aerospatiale v. U.S. Dist. Ct. for S. Dist. of Iowa, 482 U.S. 522, 535 (1987). The Opposition focuses on the delay in seeking the letters of request, but this does not demonstrate why the request should not be granted. Even if the Court were to find a delay, that would not preclude the letters o...

Excerpt: ...bject matter as is involved in a California action, the California court has the discretion but not the obligation to stay the state court action." (Caiafa Prof. Law Corp. v. State Farm Fire & Cas. (1993) 15 Cal.App.4th 800, 804; see also Mave Enterprises, Inc. v. Travelers Indemnity Co. (2013) 219 Cal.App.4th 1408, 1423 ["In general, 'the pendency of a prior action in a court of competent jurisdiction, predicated on the same cause of action and ...

Excerpt: ...im for punitive damages alleged in First Amended Complaint is granted without leave to amend. In order to state a prima facie claim for punitive damages, a complaint must set forth the elements stated 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 inj...

Excerpt: ...t required to attach a copy of the contract or plead its terms verbatim to state a claim. (Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 189, 199 ["a plaintiff may plead the legal effect of the contract rather than its precise language."]; Scolinos v. Kolts (1995) 37 Cal.App.4th 635, 640 ["A contract should be pleaded either in haec verba or according to its legal intendment and effect."].) To plead a contract...

Excerpt: ...er Questions, And For Monetary Sanctions Pro Tem Judge Steven Stein, 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 b...

Excerpt: ...) Pro Tem Judge Steven Stein, 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: ...burden of demonstrating that the convenience of witnesses and the ends of justice will be promoted by transfer. Defendant also failed to post the transfer fees at the time of the filing of the motion under C.C.P. § 399(a). The motion is denied under C.C.P. § 397(a) as Defendant was dilatory in bringing this motion. If a hearing is requested, it will be at 9:30 a.m. A court reporter will not be provided by the court. If any party wishes to have ...

Excerpt: ...tiffs, the provision under which Defendant seeks to recover its attorney's fees is a third‐party claims indemnity provision, not a prevailing party attorney's fees clause. By that provision, entitled "WAIVER OF SUBROGATION," "the Shipper agrees to indemnify and hold harmless CAI from any claim or lawsuit arising from the shipment of the Property via CAI, including but not limited to, any action commenced by any insurers or third parties." "A cl...

Excerpt: ...ry 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 or conse...

Excerpt: ...mpel arbitration and stay is granted. The broad arbitration agreement with USF applies to plaintiff's claims. USF is clearly entitled to compel arbitration. The non-signatories can also compel arbitration based upon estoppel and agency. "[A] nonsignatory defendant may invoke an arbitration clause to compel a signatory plaintiff to arbitrate its claim when the causes of action against the nonsignatory are intimately founded in and intertwined with...

Excerpt: ...laintiff agreed to lend $15,000 to defendant pursuant to a promissory note and plaintiff ultimately lent $16,000 to defendant per the same terms. (Complaint, 7‐8.) Defendant's paltry separate statement of undisputed material facts fails to show that plaintiff's claim "cannot be established" within the meaning of Code of Civil Procedure, § 437c(p)(2). Defendant "does not deny receiving two separate loans from plaintiff, for $13,000 and $3,000" ...

Excerpt: ...he 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 the stipulation, the ...

Excerpt: ...ay Action Against Visa. Defendant Citibank, N.A.'s motion to compel arbitration is denied without prejudice. The motion raises an unresolved threshold issue: whether plaintiff may sue using a fictitious name. This is permitted in "extraordinary circumstances," but a "prior court order is required." (Edmon & Karnow, California Practice Guide: Civil Procedure Before Trial (TRG 2016) §6.90.10; see also Starbucks Corp. v. Sup. Ct...

Excerpt: ...th the requisite malice, fraud or oppression to warrant the imposition of punitive damages. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) Plaintiff's responses to Defendant's special interrogatories preclude Defendant from successfully invoking the factually devoid prong under Aguilar. The declaration of Donald Trueblood is insufficient to establish that no reasonable jury could find Plaintiff's evidence to constitute cle...

Excerpt: ... statute" imposing strict liability on the owner of a dog for "the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness."]; CACI Nos. 462, 463.) Neither the dog-bite statute nor any reported California case cited by Plaintiff authoriz...

Excerpt: ...tates that it will be performed in accordance with the contract between ADS and the general contractor ("WOJV"). (Short Form Standard Subcontract (preface).) The subcontract further provides that "[a]ny claims resolution process incorporated in the prime contract [the ADS/WOJV contract] shall be deemed incorporated in the Agreement and shall apply to any disputes arising hereunder." (Id. § 12.) Section 17 of the ADS/WOJV contract...

Excerpt: ...#39;s motion for summary judgment is denied. Defendants fail to maintain their initial burden of production. Defendants fail to establish as a matter of law that plaintiff was engaged in a "hazardous recreational activity" within the meaning of Gov't Code § 831.7, which immunizes public entities and their employees from liability for personal injury suffered by a person "who participates in a hazardous recreational activity."...

Excerpt: ...dgment and denied plaintiffs' motion for summary adjudication. On August 7, 2019, judgment was entered in favor of defendant. Defendant served plaintiff by mail with notice of entry of that judgment on August 8, 2019. On August 28, 2019, the Court took off calendar plaintiff's motion for reconsideration. (See Ramon v. Aerospace Corp. (1996) 50 Cal.App.4th 1233, 1236 ["after entry of judgment, a trial court has no further power to rule...

Excerpt: ...972 provides that "any person, or agent or officer thereof who violates any provision of Section 970 is liable to the party aggrieved, in a civil action, for double damages resulting from such misrepresentations." Thus, the Legislature determined that double damages is the appropriate civil penalty for violations of section 970; it did not also authorize an award of punitive damages. Because the Labor Code expressly provides for the award...

Excerpt: ...s procedurally and substantively deficient. Defendants' notice of motion and separate statement of undisputed facts does not comply with California Rule of Court 3.1350. Defendants do not separately state in the notice of motion or in the separate statement what issues or causes of action they seek to adjudicate. (See Cal. R. Ct. 3.1350(b),(h).) Defendants further fail to "plainly and concisely" set forth all material facts they conte...

Excerpt: ...e claim for intentional infliction 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.) "The tort calls for intentional, or at least reckless conduct - conduct intended to inflict injury or engaged in with ...

Excerpt: ...ile in superior court for a provisional remedy, including a writ of application. (Code Civ. Proc. § 1281.8(b).) However, in such circumstances, the moving party must show "that the award to which the applicant may be entitled may be rendered ineffectual without provisional relief." (Id.) The "standards for irreparable harm set forth in [Code of Civil Procedure] section 485.010 provide guidance to the trial courts on the issue of inef...