Excerpt: ...e 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 Sup...

Excerpt: ...ndant American Arbitration Association's demurrer to the fourth and fifth causes of action in the first amended complaint is sustained without leave to amend as to both causes of action. AAA's request for judicial notice of the Escrow Agreement, the Partial Final Award, and Procedural Order No. 11 is granted as to all three documents. Based on those documents, the fourth and fifth causes of action fail as a matter of law since those docum...

Excerpt: ...judgment is denied and its alternate motion for summary adjudication is granted as to the fifth cause for violation of Labor Code 2802(a) and is denied as to the four other causes of action alleged in the complaint filed by plaintiff Jessica Taylor. Using a multi- faceted approach, the court concludes that the California Labor Code provisions that Ms. Tayor alleges were violated by MariaDB are applicable to this case even though the alleged viola...

Excerpt: ... Guadalupe Hernandez Gomez is sustained without leave to amend as to the ninth cause of action and overruled as to all other causes of action. Liberally construed, the fourth through eighth and tenth causes of action all contain sufficient allegations of ultimate facts supporting Ms. Gomez's claims for violations of FEHA and CFRA, discrimination, failure to accommodate, retaliation and wrongful termination. The fourth, sixth and seventh cause...

Excerpt: ...to determine whether, in light of the asserted extrinsic evidence, the guaranty agreement is reasonably susceptible to Ms. Shahrestani's proffered interpretations of that agreement. It is. Liberally construing the allegations in the complaint and considering all of those allegations and the documents attached to the complaint, the guaranty agreement is reasonably susceptible to both of the following interpretations: 1) the guaranty agreement ...

Excerpt: ...n's application for determination of the good faith of his settlement with plaintiff Vincenzo Corbelli is denied. Mr. McMahan appears to acknowlege that his settlement is not within the reasonable range of his proportionate share of liability for Mr. Corbelli's claimed harm and thus seeks a good faith imprimatur of the settlement solely based on the settlement for the limits of his insurance policy and his personal financial condition. Ho...

Excerpt: ...omplaint Within Three Years, Pursuant To Code Of Civil Procedure Sections 583.210 ‐ 583.250. Defendant Susan Bailey's motion to dismiss this action due to plaintiff's failure to serve the complaint within three years is granted. Mr. Rea has not shown that his failure to serve Dr. Bailey within three years of filing this case was impossible, impracticable or futile due to causes beyond his control. While the court is very sympathetic to ...

Excerpt: ...e tentative hearing issued prior to the August 7 hearing: Defendants Latin Grammar School, Inc. and Latin College Preparatory Charter School, Inc.'s motion for attorneys' fees is denied. Defendants' successful motion to quash was not a determination on the merits of the case, but solely a ruling on whether they are subject to being sued in California on the claims of plaintiff Charter Asset Management Fund, L.P. The findings made on t...

Excerpt: ...hether the possibly provable facts known to MCIC and Truck by the time they received the arbitration award created a possibility of coverage, thereby triggering a duty to defend Mr. Somerville. Farmers Insurance and Farmers Insurance Group's request for summary judgment in their favor is granted. Mr. Giles' declaration which showed that "Farmers Insurance" and "Farmers Insurance Group" are merely trademark names and they a...

Excerpt: ...ction for construction defects against Mr. Zhen and sustained with thirty days leave to amend as to the first, second and fourth causes of action for breach of contract, unlicensed contractor and slander of title against both Mr. Zhen and Sam Wing and the third cause of action against Sam Wing. Liberally construed, Mr. Kung's third cause of action for construction defects alleges a viable negligence claim against Mr. Zhen. Mr. Kung is given o...

Excerpt: ...nd International Lyme and Associated Diseases Society's anti‐SLAPP motion to strike the second and third causes of action for declaratory relief and defamation in plaintiff Raphael Stricker's complaint is denied. Assuming without deciding that defendants satisfied their first prong burden that the declaratory relief and defamation claims arise from activity protected by the anti‐SLAPP statute, Dr. Stricker has shown that there is mini...

Excerpt: ...ble dispute whether the conduct of the bus operator, for which the City is vicariously liable, fell below the heightened standard of care applicable to common carriers per CCP 2100. A reasonable juror could find that the driver failed to "to do all that human care, vigilance, and foresight reasonably can do under the circumstances" (Lopez v. Southern Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780, 785) based on evidence that Mr. Celeste di...

Excerpt: ...ociation's motion for summary judgment is denied. The HOA withdrew its motion in the reply memorandum. Mr. Courtney, Mr. Rattonetti, and Mr. Phanichphant are not entitled to summary judgment in their favor based on their Civil Code 580 affirmative defense. Section 580 does not preclude liability against the individual moving parties based on evidence that, when they were officers of the HOA, they failed to conduct an inspection of the balcony...

Excerpt: ...of its breach of contract and common counts claims. Both claims are premised on the existence and enforceability of the April 30, 2012 Attorney‐Client Fee Agreement. However, some of the fees L&S seeks on this motion were for services purportedly rendered before the date of that agreement and there is no evidence submitted by L&S that the agreement applies to those fees. Moreover, the agreement provides for a deed of trust in favor of L&S to be...

Excerpt: ...udication of plaintiff John Cox, Jr.'s request for Civil Code 3345 treble penalties is granted. Mr. Cox's supplemental interrogatory responses dated April 2, 2018 show that Mr. Cox does not now have and is unable to obtain any evidence that: 1) at the time Mr. Cox made his request to buyback his 2011 Jeep Grand Cherokee, either defendant knew or should have known his age and 2) defendants' alleged wrongful refusal to buyback the Jeep ...

Excerpt: ...ports with California's liberal policy of allowing amendments to pleadings at any stage in a case. and none of the defendants have identified any legal prejudice to them if the motion is granted. Even if Mr. Mertz‐Prickett was not as diligent in seeking to amend as he might have been, no defendant has identified any legal prejudice to him or it if the motion is granted. Because the amended complaint seeks to add two paragraphs to an existin...

Excerpt: ...ause it was contrary to California law. "Lack of personal jurisdiction over defendant is not ground for demurrer. It must be raised, if at all, by motion to quash service of summons [CCP ?418.10?] If defendant instead demurs, the demurrer constitutes a general appearance, waiving any defect in personal jurisdiction [CCP ?1014]". (Weil & Brown, California Practice Guide: Civil Procedure Before Trial (TRG 2016) p. 7(I)‐36 (emphasis in ori...

Excerpt: ... to hire an expert to investigate for construction defects upon the occurrence of minor maintenance problems. (Creekridge Townhome Owners Assn., Inc. v. C. Scott Whitten, Inc. (2009) 177 Cal.App.4th 251, 256-59; Geertz v. Ausonio (1992) 4 Cal.App.4th 1363, 1371.) Plaintiff has sufficiently pled the time and manner of the discovery of the alleged latent defects (FAC 15, 17-20) and the reason for the late discovery has also been alleged (id. at 13-...

Excerpt: ...;s demurrer to the first through third and sixth through eleventh causes of action in the first amended complaint filed by plaintiffs J Garcia Carrion, SA and CIV USA, Inc. is sustained without leave to amend as to all causes of action. The doctrine of claim preclusion bars all of plaintiffs' claims premised on their alleged ownership of FWM stock because the ownership of the stock was an issue "within the scope of the [arbitral] action, ...

Excerpt: ...close friend of his, but neither that friendship nor any other matter causes him to be other than fair and impartial in deciding this case. Defendant The Regents of the University of California's motion for summary judgment on the sole remaining cause of action for retaliation in violation of the California Family Rights Act is denied. The Regents satisfied its summary judgment burden by showing that it had a legitimate reason for terminating...

Excerpt: ...lection Service, Inc.'s motion to file a first amended complaint is granted. Plaintiff has leave to file its proposed first amended complaint no later than August 6, 2018. Neither of the arguments made by defendant Four Seasons Apparel, Inc. to oppose this motion are bases to deny the motion. While it may be true that plaintiff bases its section 11760.1 claim on discovery it has propounded in this case, nothing in section 11760.1 necessarily ...

Excerpt: ...ent minimum contacts to warrant the imposition of specific jurisdiction over them in California. The declaration of Mr. Teed shows that Dr. Patterson came to California in 2014, generally described her practice, and explained that she could improve Mr. Teed's look. Over the next two years, Mr. Teed and his then girlfriend communicated with Dr. Patterson. The precise content of those communications is unknown. In late 2016, Mr. Teed and his th...

Excerpt: ... Los Angeles Superior Court or further order of this court, this case is stayed based on the doctrine of exclusive concurrent jurisdiction. The coordinated Los Angeles putative class actions, which were filed before this action, raise the same claims as this putative class action. A stay is necessary to prevent duplicative work and possible inconsistent rulings. Gregg v. Sup. Crt. (1987) 194 Cal.App.3d 134 and Farmland Irrigation Co. v. Dopplmaie...

Excerpt: ...ecurity is denied. None of the authorities cited by Mr. Yan show that the motion filed by defendants Bryant Fu and Crystal Lei to require Mr. Yan to post security was incorrectly decided. Mr. Yan has not cited any California authority, nor is the court aware of any such authority, that the conduct allegedly committed by Mr. Fu and Ms. Lei is actionable in a civil case. Significantly, the complaint does not allege that either Mr. Fu or Ms. Lei kne...

Excerpt: ... sustained without leave to amend as to the first cause of action for negligent hiring and sustained with twenty days leave to amend as to the second, third, and fourth causes of action for assault, battery, intentional infliction of emotional distress. "Where the complaint affirmatively alleges facts indicating coverage by the workers' compensation laws, if it fails to state additional facts negating application of the exclusive remedy p...

Excerpt: ...tire complaint was filed in violation of CCP 128.7. Ms. Luna has adequately alleged ultimate facts showing malice and oppression as those terms are defined for the imposition of punitive of damages. 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 ...

Excerpt: ...ion is not alleged against Mr. Devesa, so there is no basis for him to demurrer to that cause of action. The second through fifth causes of action seek to hold Mr. Devesa liable based on Mr. Devesa's own conduct and not on the basis of the alter ego doctrine, so Mr. Devesa's arguments on the grounds of the alter ego doctrine are immaterial. To the extent that the demurrer is based on lack of personal jurisdiction over Mr. Devesa, he waive...

Excerpt: ...ication is denied in its entirety. Mr. Leathern fails to show that he is entitled to judgment as a matter of law in his favor as to any of the four causes of action alleged against him on any of the many grounds that he has asserted in his moving papers. Mr. Leathern fails to show that the parties had an oral agreement and the two‐year statute of limitations applies. The October 16, 2013 e‐ mail sets forth Mr. Leathern's obligations and p...

Excerpt: ... 15, 2018 to allow plaintiffs to take jurisdictional discovery. KLM correctly cites Felix v. Bomoro Kommanditgesellschaft (1987) 196 Cal.App.3d 106, 114 for the proposition that the mere foreseeability that a product may wind up in a forum due to the stream of commerce is not enough for jurisdiction. (See also Dow Chemical Canada ULC v. Sup.Ct. (Fandino) (2011) 202 Cal.App.4th 170, 179.) Plaintiffs presently do not show that KLM‐as opposed to K...

Excerpt: ...r a stay is treated as the functional equivalent of a motion to compel arbitration. All thirteen claims alleged in the complaint filed by plaintiffs Justice Investors, LP and Portsmouth Square, Inc. are encompassed by the broad scope of the arbitration clause because they are rooted in the business relationship between the parties and concern the management of the Hotel. (EFund Capital Partners v. Pless (2007) 150 Cal.App.4th 1311, 1322 ("arb...

Excerpt: ...scretion per CCP 425.16(f) to hear this motion even though Ms. Gatti filed the motion more than 60 days after service of the original cross-complaint, which alleged a malicious prosecution claim. Ms. Gatti acted diligently in light of the parties' meet and confer discussions. The facts of this case bear no resemblance to Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism (2018) 4 Cal.5th 637. Addressing the motion will further th...

Excerpt: ...th, and eighth causes of action for age discrimination, failure to prevent discrimination, and violation of the UCL and granted as to the fourth and seventh causes of action for retaliation. Ms. Gisi satisfied her light burden of stating a prima facie case of age discrimination by showing that there are circumstances suggesting a discriminatory motive such as Mr. Roberts' remarks about what kind of people he needed and Ms. Gisi's accounts...

Excerpt: ...s motion for mandatory dismissal, Mr. Malvar waived his right to seek dismissal on the ground that service of the summons and complaint on him as stated in the proof of service timely filed by plaintiff Golden State Broadcasting LLC was invalid. No case has been cited by the parties or found by the court that squarely addresses the precise question raised here: whether a defendant loses the ability to file a successful motion to dismiss per CCP 5...

Excerpt: ..., 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 to si...

Excerpt: ...ry damages is based on the premise that her damages can be based on any day she chooses for the valuation of the LTC that was allegedly wrongfully taken from her. That is not the law. Ms. Cook's compensatory damages must be based on the value of the LTC on the day she lost them. Using that valuation date, it is a legal certainty that Ms. Cook's compensatory damages will not exceed $25,000. Ms. Cook has not shown that she has any prospect ...

Excerpt: ...are given leave to file a first amended complaint alleging that they submitted a timely government claim to the State and, if they are able to do so, they are also given leave to allege ultimate facts showing that the negligence of one or more employees of the State was a substantial factor in causing harm to them. Plaintiffs are required to but did not allege that they submitted a timely government claim to the State. Plaintiffs' negligence ...

Excerpt: ... 1:30pm at the earliest possible date other than July 26, 2018 and notify the court of the agreed hearing date by email to [email protected]. While defendant Jones Day has not explicitly requested that the courtroom be closed for the hearing on the motions to seal, the logic of the positions it takes in its papers strongly suggests that Jones Day believes the courtroom should be closed for the hearing. The logic of the positions taken by ...

Excerpt: ...burden and, even if he did, there is a triable dispute whether he is liable as an employer of Mr. Alfaro and/or plaintiff Imer Palencia. "When an employee of a contractor is injured, and the contractor is unlicensed and uninsured at the time of injury, the injured employee's recourse may be against not only the contractor, but also against the landowner who hired the contractor, as an additional employer." (Vebr v. Culp (2015) 241 Cal...

Excerpt: ...wis and Nancy Kirkpatrick's motion for summary judgment, or in the alternative, summary adjudication is denied as to the first and second causes of action for wrongful death and medical negligence in the second amended complaint alleged against Dr. Campbell and off calendar as to all other parts of the motion in light of the requests for dismissal filed by plaintiffs Ghedir and Jesse Moreno. The declaration of Dr. Friedlich shows that there a...

Excerpt: ...f 3 for purposes of entry of tentative ruling only.) Plaintiff Thrivent Financial for Lutherans' motion for summary judgment is granted. Thrivent is entitled to a declaration that defendants Betty Yee (in her official capacity as California State Controller) and the Office of the State Controller adopted two regulations - the "External Database Regulation" and the "Dormancy Trigger Regulation" - without compliance with the pro...

Excerpt: ...stay is granted based on defendants' assent that, if this case is litigated in Florida, California law, not Florida law, will govern the claims of plaintiff Aryan Davani claims and defendants' defenses, including California law regarding statute of limitations and exceptions thereto. This case is stayed pending the completion of proceedings in Florida regarding plaintiffs' claims or a motion to lift the stay based on the Florida court...

Excerpt: ...f Desoto Cab Company, Inc.'s motion to vacate entry of judgment based on award or arbitrator is granted. The judgment filed May 24, 2018 is now set aside and the case is restored to the civil active list as if Desoto had timely filed a request for a de novo trial. Desoto has shown that it is entitled to the relief it seeks per the mandatory and discretionary provisions of CCP 473(b). Granting the motion comports with California's strong p...

Excerpt: ...njunction with the judicially noticeable documents, discloses on its face that it is barred by the three year statute of limitations for fraud claims. Ms. Delaney failed to plead facts showing that the discovery rule prevents her claim from being time‐barred, nor is it reasonably possible that she could do so. The second amended complaint together with the documents which the court judicially notice in CGC‐05‐440065 and BASF Case No. 04‐0...

Excerpt: ...' application for the pro hac vice admission of Erin Linder is granted. No opposition filed and good cause shown. 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. If the tentative ruling is ...

Excerpt: ... to amend as to the seventh and eight causes of action alleged against Mr. Chalal and overruled as to all other causes of action. The first amended complaint adequately alleges a claim for religious discrimination against Gravity 4.The allegations that Mr. Chahal used the derogatory epithets "terrorist" and "ISIS" support a reasonable inference that they were based on Mr. Al‐Ansari's perceived Islamic religion and the allega...

Excerpt: ...CTION, INC.'S MOTION FOR SUMMARY JUDGMENT Or In The Alternative Summary Adjudication As To 1 Operative Complaint Of Plaintiff Fidelity And Deposit Co Of Maryland As Subrogee To Wells Fargo & Co And 2 Operative Complaint In Intervention Of Intervener Amco Insurance Company. Defendant H.K. Fire Protection, Inc.'s motion for summary judgment and its alternative motion for summary adjudication as to the complaint filed by plaintiff Fidelity a...

Excerpt: ...r. Song has not appeared in this case. Neither the payment of a first appearance fee on behalf of Mr. Song nor the statement in papers filed by Catherine Song that the Wood Robbins firm and Mr. Robbins are attorneys for Mr. Song constitutes an appearance by Mr. Song. The court does not need to and does not address the issue of concern to plaintiff Aaron Drenberg whether service of papers on the Wood Robbins firm was valid service on Mr. Song. Tha...

Excerpt: ...tories, Requests For Production Of Documents.(part 2 of 2)(For Tentative Ruling Only) In contradiction to its claim of no interviews or statements, plaintiff has acknowledged in its responses that communications occurred between plaintiff and its insured during the investigation and adjustment of the claim giving rise to this action. Plaintiff has not asserted the existence of an attorney‐client relationship with its insured. Moreover, on plain...

Excerpt: ...ranted in part. No later than July 10, 2018 defendant Sephora USA, Inc. must provide a declaration under penalty of perjury from its custodian of records or other employee stating what efforts were made to locate all P4Ds for Ms. Fernandez and Ms. Melinkoff and the results of those efforts. If any P4Ds were located for Ms. Fernandez and Ms. Melinkoff, they need to be produced to Ms. Fernandez at the same time the declaration is provided to Ms. Fe...

Excerpt: ... wrongful death action. Plaintiffs may bring a separate motion to substitute Nadine Amaral and Jodie D. Collins, Jr. as successors‐in‐interest for deceased plaintiff Jodie D. Collins, Sr. If a hearing is requested, it will be at 9:30a.m. A court reporter will not be provided by the court. If any party wishes to have the matter reported, the parties must meet and confer to agree on only one court reporter for any reported matter in this case. ...