Excerpt: ...ployer of either plaintiff De Xin Lin or the person who dropped the metal plate and did not have any actual or constructive knowledge of any dangerous condition regarding the metal plate. Plaintiff did not submit any evidence creating a triable dispute as to who hired or employed plaintiff or the person who dropped the metal plate or M&D's knowledge. The undisputed facts establish that M&D Lau hired Yu Kwan Construction Co., who in turn emplo...

Excerpt: ...dged in support of its anti-SLAPP motion to strike is granted. No opposition filed and good cause shown. There is an overriding interest in sealing the cited documents to protect confidentiality and integrity of the investigatory process and the privacy rights of third parties. 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)...

Excerpt: ...ners First Set Of Demand For Production And Inspection Of Documents; Petitioners First Set Of Special Interrogatories; Judicial Council Form Interrogatories. Pro Tem Judge Dianne Peebles, 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 ...

Excerpt: ... cause of action for disclosure of private facts: Ms. Moia failed to present any evidence that WSI or any of its employees made a public disclosure of the fact that Ms. Moia is an Atheist. Ms. Moia testified that she did not know whether Ms. Johnson or Ms. Lim disclosed this information. (Moia Depo, 232:3-11.) Sixth cause of action for assault and battery: This claim is preempted by workers' compensation exclusivity because the alleged conduc...

Excerpt: ...ent is denied. There is a triable dispute whether the tree roots constituted a dangerous condition of public property. Plaintiff Marc Mac submitted evidence that: 1) the City knew that people walk into tree basins; and 2) the City has regulations about tree basins which protect against tripping hazards. This evidence precludes a determination as a matter of law that exposed roots within a tree basin is not a condition of property that creates a s...

Excerpt: ...: Mr. Makowiecki has adequately alleged extreme and outrageous conduct by PG&E by attempting to prevent Mr. Makowiecki from being employable in his chosen field. Seventh cause of action: Mr. Makowiecki's claim for negligent infliction of emotional distress fails to allege any independent duty by PG&E to avoid infliction of emotional distress. If he can do so in good faith, Mr. Makowiecki is given leave to correct this deficiency. Eighth and n...

Excerpt: ...nce per Civil Code 52.4 in the first amended complaint filed by plaintiff Jane Doe is overruled in its entirety. The factual disputes raised by Mr. Cortes in his opposition are not amenable to resolution on a demurrer. Plaintiff has alleged sufficient facts for a claim of negligence per se and Penal Code 273 requires a general intent to commit the act of inflicting unjustified suffering on a child. Plaintiff has also alleged sufficient facts to s...

Excerpt: ...f Berkley Assurance Company against Ms. Levinson and Mr. Taylor are taxed. Assuming without deciding that the motion was not timely filed per CRC 3.1700(b)(1), the court has authority per CRC 3.1700(b)(3) to extend the time for filing the motion by 30 days and does so here so that the motion is adjudicated on its merits. Per CCP 1032(a)(4), the court exercises its discretion to tax all claimed costs as to Ms. Levinson and Mr. Taylor for three rea...

Excerpt: ...even S. Rosenthal And-Or Motion For Stay And-Or For A Protective Order. Per ex parte court order filed on May 9, 20-18, this motion will be heard by Judge Kahn at 9:30 a.m. Law & Motion. =(302/JPT) Case Number:CGC15548384Case Title:THRIVENT FINANCIAL FOR LUTHERANS VS. BETTY YEE ET ALCourt Date:MAY-15-2018 09:30 AMCalendar Matter:Defendant California State Controller'S Notice Of Motion And Motion To Quash Deposition Subpoena For Personal Appea...

Excerpt: ...cation. Plaintiff California Physicians' Service's motion for summary judgment or, in the alternative, summary adjudication is continued to June 13 2018. But for the Government Code 810.8 issue which the court is deferring to the June 13 hearing, Blue Shield has shown that it is entitled to judgment in its favor. 42 CFR 435.1015 creates a mandatory duty on CenCal not to make premium assistance payments where the cost of the premiums is su...

Excerpt: ...cation. Plaintiff California Physicians' Service's motion for summary judgment or, in the alternative, summary adjudication is continued to June 13 2018. But for the Government Code 810.8 issue which the court is deferring to the June 13 hearing, Blue Shield has shown that it is entitled to judgment in its favor. 42 CFR 435.1015 creates a mandatory duty on CenCal not to make premium assistance payments where the cost of the premiums is su...

Excerpt: ...y and Casualty Company is overruled in its entirety. The demurrer was purportedly filed by Jamil Bey as the "authorized representative" of Ms. Cornejo. However, Mr. Bey, who is not an active member of the California Bar, may not represent Ms. Cornejo absent a court order such as appointment of a guardian ad litem and no such order has been issued. Consideration of the merits of the demurrer would be tantamount to allowing unauthorized pra...

Excerpt: ...merits and there is no discernable legal prejudice to plaintiff BE & JDS, Inc. by the grant of the motion. Mr. Obidiagha has shown that he is entitled to have the default set aside per the mandatory relief provisions of CCP 473(b). Moreover, the default was taken on the original complaint filed even though plaintiff had filed an amended complaint on January 23, 2018, which superseded the original, and plaintiff was required to serve the amended c...

Excerpt: ...nably susceptible to Ms. Paoli's proffered interpretation of that contract. The only contract language relied on by Ms. Paoli is Note 13 in sheet A‐1 that "All labor and materials shall be guaranteed for a period of one (1) year from the date of completion of the work." That language refers to obligations of the contractor, not the architect. Absent clear and unambiguous language that the architect agreed to guarantee the work of th...

Excerpt: ...e first amended complaint is GRANTED. As the court previously ruled, the DFEH can seek recovery of punitive damages in the employment context and Forever 21 overstates the holding of Dyna‐Med, Inc. v. Fair Emp. & Housing Comm. (1987) 43 Cal.3d 1379. In that case, the Supreme Court limited its review specifically to the issue of what types of damages the Fair Employment Housing Commission (i.e., the agency) could impose. The Legislature amended ...

Excerpt: ...; the note; in any event, alter ego liability is adequately pled against defendant Sharma. 3 (Fraud): The claim is pled with sufficient specificity. Defendants repeatedly raise factual disputes and argue conclusions from pleaded facts ‐ both are improper at the pleading stage. 4 (Negligent Misrepresentation): Defendants' arguments focus on only one of the several misrepresentations alleged, some of which go to existing fact. 5 (Corp. Code ?...

Excerpt: ...ended complaint filed by plaintiff Titilayo Ala is: a) sustained without leave to amend as to the third cause of action for gender violence; and b) overruled as to the seventh and eleventh causes of action for defamation and violation of the Unfair Competition Law. As an employer, per Civil Code 53.4(e), the CH2M entities are not liable for statutory gender violence because there is no allegation that they personally committed the violence. Feder...

Excerpt: ...ve to amend his answer by including all of his proposed new affirmative defenses except proposed affirmative defense 17 labeled "illegal contract." Proposed affirmative defense 17 appears to be based solely on opposing party's discovery responses that the contract is illegal as a result of Mr. Khatsiom's alleged failure to comply with the contractor licensing requirements. That is not a permissible basis for Mr. Khatsiom to allege...

Excerpt: ...urden of demonstrating that this Court may exercise specific jurisdiction over defendant. Plaintiffs did not demonstrate (1) that defendant has purposefully established contacts with California, and (2) that their claims arise out of or are related to any forum‐directed activities. Because plaintiffs failed to meet their initial burden, Detroit had no burden to show that the exercise of jurisdiction would be unreasonable. Plaintiffs did not cla...

Excerpt: ...e, 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 s...

Excerpt: ...ctor and no employment relationship existed between SFMOMA and Cypress' security guards. "[T]he common law test for employment is a question of fact, while the legal conclusion to be drawn from those facts is a question of law. Even if one or two of the individual factors might suggest an employment relationship, summary judgment is nevertheless proper when, as here, all the factors weighed and considered as a whole establish that [Cypres...

Excerpt: ...and no employment relationship existed between SFMOMA and Cypress' security guards. "[T]he common law test for employment is a question of fact, while the legal conclusion to be drawn from those facts is a question of law. Even if one or two of the individual factors might suggest an employment relationship, summary judgment is nevertheless proper when, as here, all the factors weighed and considered as a whole establish that [Cypress] wa...

Excerpt: ...uments. Pro Tem Judge Roger Mead, 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 de...

Excerpt: ...6.37 in claimed costs are taxed, resulting in $3956.37 in costs recoverable by plaintiffs Scott Ayers and Ilona Marsovszki against Hyundai. Hyundai's argument that the recoverability of plaintiffs' claimed costs should be determined by the standards in the general costs statute (CCP 1033.5) rather than the costs provision of the Song-Beverly Act (Civil Code 1794(d)) because plaintiffs filed a costs memorandum lacks merit. No case holds th...

Excerpt: ...legal scenarios posited. First, it applies if Ms. McDonagh is viewed as a surviving spouse after her husband's death in August 2014 in a community property scenario. (Dawes v. Rich (1997) 60 Cal.App.4th 24, 34.) Second, it applies if Ms. McDonagh is viewed as a trustee. (Wagner v. Wagner (2008) 162 Cal.App.4th 249, 255; Levine v. Levine (2002) 102 Cal.App.4th 1256, 1265 (CCP 366.2 applies where no proceeding to administer decedent's estat...

Excerpt: ... the complaint allege that Long defaulted on the account on 9/1/13. Under CCP 337, Cavalry had four years to commence this action from that date and timely filed this action on 5/30/17. Long fails to explain how the alleged burglary altered the running of the statute of limitations. Cavalry is not required to plead the particular details of its purchase of the Citibank account. In addition, Exhibit 1 attached to the complaint indicates that the s...

Excerpt: ...ce sufficient to create a triable issue whether defendant acted with the requisite malice, fraud or oppression to warrant the imposition of punitive damages. Plaintiffs' complaint, interrogatory responses and Mr. Nichols's deposition testimony are irrelevant to the issue. The admissible portions of the declaration of Barry Castleman and defendant's responses to standard interrogatories are not sufficient to create a triable issue. Eve...

Excerpt: ...iff Sandford Taylor provided an address in San Francisco and a telephone number where he could be reached. Defendant Global Experience Specialists, Inc. has served discovery requests that were signed for at the address plaintiff provided. Plaintiff suggests others living at the address may have signed. Defendant's counsel has also left several voicemail messages at the number plaintiff provided. Plaintiff told the judge pro tem he did not wan...

Excerpt: ...rnia 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 Co...

Excerpt: ...ede that defendant sustained its initial burden. Plaintiffs failed to submit admissible evidence to create a triable issue whether Mr. Nichols was exposed to any products attributable to defendant that were removed from and/or installed on a Gardner Denver pump. Mr. Keef's statements in his declaration regarding the supplier of the gaskets contradict his deposition testimony and were not considered. Further, even assuming that plaintiffs subm...

Excerpt: ...a likelihood of prevailing on the merits. Mr. Drotts does not show a due process violation. The authorities he cites approve of post‐tow hearings. (Goichman v. Rheuban Motors, Inc. (9th Cir. 1982) 682 F.2d 1320, 1325; Drotts' Ex Parte Petition, 52:16‐21.) Mr. Drotts is unlikely to prevail on his conversion claim. Mr. Drotts admits that the nonprofit corporation owns the Lincoln. (Kawala Dec., Ex. 3.) The certificate of title that is attac...

Excerpt: ...ase Number:CGC17558069Case Title:EVAN KROW VS. SAUL GEVERTZ ET ALCourt Date:APR-25-2018 09:30 AMCalendar Matter:DEMURRER TO 2ND AMENDED COMPLAINTRulings:Matter on calendar for Wednesday, April 25, 2018, Line 8, DEFENDANT SAUL GEVERTZ'S DEMURRER TO 2ND AMENDED COMPLAINT. Defendant Saul Gevertz's demurrer to all five causes of action in the second amended complaint filed by plaintiff Evan Krow is sustained with twenty days leave to amend to...

Excerpt: ...Group, LLC's motion to quash service of summons and alternative motion to dismiss are denied. Plaintiffs Michael Gauthier and Vista Medical Communications, Inc. have shown that this court has specific jurisdiction over CRG. Plaintiffs' claims arise out their contractual relations with CRG, a substantial portion of which occurred in California. The parties to the contract contemplated performance in California. On behalf of CRG, Mr. Gauthier solic...

Excerpt: ...o so in good faith, particular facts showing recklessness to support a claim for elder abuse. Plaintiffs' allegations of recklessness and understaffing in violation of regulations are conclusory. Paragraph 36 alleges that decedent was provided a sitter, but that the sitter monitored two patients rather than one and this violated the physician's order. This allegation pleads a negligent undertaking of medical services rather than recklessn...

Excerpt: ...INC., YUNJI QIAN Notice Of Motion And Motion For An Order For 1. Access To All Books Records Documents And Other Things Of Qian And Nemecek Llp 2. An Accounting Of Qian And Nemecek And 3. The Court To Take And Place Qian And Nemecek Llp Under The Courts Judicial Supervision For The Purpose Of Winding Up. Qian's motion (1) to access the firm's books (2) compel an accounting and (3) compel judicial supervision is granted in part. Qian's...

Excerpt: ...18. Judge Kahn issues the following tentative ruling: The motion for reconsideration is granted. No opposition filed and good cause shown. Defendant declares under penalty of perjury that he did not receive plaintiff's opposition to defendant's motion for judgment on the pleadings and therefore did not have a chance to file a reply brief. The court vacates the underlying order denying the motion for judgment on the pleadings that was ente...

Excerpt: ...er concedes it had the burden to prove that an arbitration award "may be rendered ineffectual without provisional relief" because respondent has "financial difficulties." (See id.) The evidence petitioner proffered with its motion was largely that respondent has not paid legal bills he owes it. However, petitioner repeatedly acknowledges this may be due to respondent's "unwillingness" to pay rather than any inability. ...

Excerpt: ...cuments And Imposing Monetary Sanctions Pro Tem Judge Peter Van Zandt, 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...

Excerpt: ... to delete "the R.J. Reynolds Tobacco Company paid over $3 million to collect signatures to overturn the ordinance" and replace it with "The R.J. Reynolds Tobacco Company paid over $3 million to fund a campaign to overturn the ordinance" in the Argument in Favor of Proposition E and the court is agreeable to adopting the stipulation as an order on this writ. The language in the Yes/No statements in the Official Digest for Proposit...

Excerpt: ... violations in the complaint filed by plaintiff Tammy Vannorsdall is sustained with twenty days leave to amend as to all four causes of action. As written in the complaint, all four causes of action are uncertain because more than one claim is alleged or at least arguably alleged in each cause of action. Ms. Vannorsdall must allege each claim as a separate cause of action. Discrimination and harassment based on different protected characteristics...

Excerpt: ... 1 of 2) Defendants San Francisco Unified School District, Sara Shenkan-Rich, Ryan Young, Gini Dold, and Daniel Bridges' motion for summary judgment is denied and their alternate motion for summary adjudication is granted as to the second cause of action and denied as to the other three causes of action in the first amended complaint filed by plaintiff Monzerrat Mendoza. Defendants failed to satisfy their initial burden of production as to th...

Excerpt: ...struing the evidence presented by plaintiffs Kathy Austin‐Robinson and Richard Robinson's and drawing all reasonable inferences from that evidence, the declaration of Valerie Stephenson‐Boyd creates a triable issue precluding summary judgment in favor of Delancey Street. The objections to the declaration of Ms. Stephenson‐Boyd are overruled. Moreover, the declarations of Ms. Austin‐Robinson and the deposition testimony of Anthony Rive...

Excerpt: ...tive Stay The Action Pursuant To California Code Of Civil Procedure ?410.30. Defendant Renewable Energy Trust Capital, Inc.'s motion to dismiss is denied and its alternative motion to stay pending the conclusion of the New York lawsuit is granted. Because it is not clear that the New York lawsuit can or will resolve all the claims alleged in this action, dismissal of this lawsuit is unwarranted. However, application of forum non conveniens pr...

Excerpt: ...tion in the alternative is denied as to the first and second causes of action (issue 1) and economic damages (issue 2) and granted as to plaintiff Pedro Rosa's request for punitive damages (issue 3). There are triable disputes whether (1) lifting over ten pounds and frequent gripping, grasping, and pulling with his right hand were essential duties of the position of a crew member and (2) Mr. Rosa could have performed these assertedly essentia...

Excerpt: ...ay is entitled to judgment in its favor on both of the two causes of action in the complaint filed by plaintiff David Norton. Safeway presented admissible evidence that it lacked actual or constructive notice that the elevator's warning or buzzer system was malfunctioning. The store manager declares that there was no notice. (Rubio Dec., pars. 8‐18). In opposition, Mr. Norton cites Otis Elevator Company's On‐Line History Reports. The ...

Excerpt: ...ernative motion for summary adjudication are denied. Ng fails to satisfy its initial burden of production. Ng relies on the declarations of Carole Kendall and Laurie Freire and defendants' discovery responses to show that it is entitled to summary judgment/adjudication on its claims. None of that evidence properly authenticates the underlying loan documents. Ng's motion is largely based on the Kendall declaration. Ms. Kendall is an employ...

Excerpt: ... (Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App. 4th 1347, 1356.) Moreover, the sole evidence in support of the motion is plaintiff's own declaration, which mentions counsel but once and in passing. Further, a party has a right to counsel of his choice. (Mills Land & Water Co. v. Golden West Refining Co. (1986) 186 Cal.App.3d 116, 126.) Any party who contests a tentative ruling must send an email to [email protected] wit...

Excerpt: ... as a separate count from negligence. California is a notice-pleading jurisdiction; defendants have notice of the negligence per se theory. Count 3: Intentional misrepresentation is adequately pled. Defendants' arguments regarding reliance are improper at the pleading stage. Count 4: Conspiracy to commit fraud is adequately pled. A complaint may plead in the alternative and acts by individual defendants are alleged. (See, e.g., FAC 23:11-15.)...

Excerpt: ...o its liability, based on the evidence before the Court the statute of limitations has not run. (C.C.P. ? 340.2.) Instead of filing a Doe amendment plaintiff could have filed an amended complaint naming Research‐Cottrell, Inc. as a defendant. Therefore this Court treats plaintiff's Doe amendment the same way it would treat an amended complaint. (Davis v. Marin (2000) 80 Cal.App.4th 380.) Such an amended complaint would be proper because the...

Excerpt: ... 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 Judge. If a pa...