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(a) For multifloor buildings, other than structural steel framed buildings, the following shall apply:(1) Every building shall have the joists, beams, or girders of floors below the floor or level where any work is being done, or about to be done, covered with flooring laid close together, or with other suitable material to protect workers engaged in such building from falling through joists or girders, and from falling substances, whereby life or safety is endangered.(2) Every building which is of reinforced concrete construction, with reinforced concrete floors, shall have the floor filled in, either with forms or concrete, on each floor before the commencement of work upon the walls of the second floor above or the commencement of work upon the floor of the next floor above.(3) Every building having wooden floors other than a steel frame building shall have the underflooring, if double flooring is to be used, laid on each floor within the time prescribed above for reinforced concrete floors. Where single wooden floors are to be used, each floor shall be planked over within the time prescribed above for reinforced concrete floors.(4) If a span of a floor on a building exceeds 13 feet, an intermediate beam shall be used to support the temporary flooring, but spans not to exceed 16 feet may be covered by three-inch planks without an intermediate beam. The intermediate beam shall be of a sufficient strength to sustain a live load of 50 pounds per square foot of the area supported.(5) If building operations are suspended and the temporary flooring required by this article is removed, the building shall be replanked upon the resumption of work so that every worker at work has a covered floor not more than two stories below.(6) Planked floors on buildings shall be tightly laid together of proper thickness, grade and span to carry the working load; such working load to be assumed as at least 25 pounds per square foot.(7) Fall protection shall be required in accordance with Article 24.(8) No person shall proceed with any work assigned to or undertaken or require or permit any other person to proceed with work assigned to or undertaken by either, unless the planking or nets required by this article are in place.(b) For multifloor structural steel framed buildings more than two stories high, the following shall apply: These provisions shall apply to buildings erected in tiers or stories and shall not apply to steel framed buildings having large open spans or areas such as, mill buildings, gymnasiums, auditoriums, hangars, arenas, or stadiums.(1) The derrick or working floor of every building shall be solidly decked over its entire surface except for access openings.(2) There shall be a tight and substantial temporary floor within two floors below and directly under that portion of each tier of beams on which erection, riveting, bolting, welding or painting is being done. For operations of short duration of exposure to falling, fall protection shall be required as set forth in Article 24 and Section 1710.(3) Temporary floors shall be wood planking of proper thickness, grade and span to carry the working load, but shall not be less than two inches thick, full size undressed.(4) Provision shall be made to secure temporary flooring against displacement by strong winds or other forces.(5) Planks shall extend a minimum of 12 inches beyond centerline of their supports at each end.(6) Wire mesh or plywood (exterior grade) shall be used to cover openings adjacent to columns where planks or metal decking do not fit tightly. The materials used must be of sufficient strength as required by Section 1632(b) to provide fall protection for personnel and prevent objects from falling through.(7) Metal decking where used in lieu of wood planking shall be of equivalent strength and shall be laid tightly and secured to prevent movement.(8) Floor planks or metal decking that are temporarily removed for any reason whatsoever shall be replaced as soon as work requiring their removal is completed or the open area shall be properly guarded.(9) Prior to removal of temporary floor planks or metal decking, employees shall be instructed by assigned supervision the steps to be taken to perform the work safely and in proper sequence.(10) When gathering and stacking temporary floor plank on a lower floor, in preparation for transferring such plank for use on an upper working floor, the steel erector's personnel shall remove such plank successively, working toward the last panel of such floor, so that the work is always being done from the planked floor.(11) When gathering and stacking temporary floor planks from the last panel, the steel erector's personnel assigned to such work shall be protected by a personal fall protection system used in accordance with Article 24 and Section 1710.(12) The sequence of erection, bolting temporary guying, riveting and welding shall be such as to maintain the stability of the structural frame at all times during construction. This applies to the dead weight of the structure, plus weight and working reactions of all construction equipment placed thereon plus any external forces that may be applied.(13) Where a building is being constructed in sections, each section constitutes a building.(14) Personal fall protection and nets shall be required in accordance with Article 24 and Section 1710.(15) No person shall proceed with any work unless the planking and metal decking, or nets required by this article are in place.(c) Special Provisions Applicable to Floor Openings. Section 1632(b) applies to floor openings at locations where steel erection work is taking place. This subsection applies where work is in progress that requires floor openings to be uncovered. For such work, all of the following requirements shall apply:(1) The floor or working level where such work is in progress shall be under the exclusive control of the steel erection employer and shall be barricaded to prohibit entry by unauthorized personnel.(2) The floor area adjacent to the floor opening shall be barricaded or the floor opening shall be covered when not attended by steel erection personnel.(3) All planking and other materials used to cover floor openings shall be capable of safely supporting the greater of 400 pounds or twice the weight of the employees, equipment and materials that may be imposed on any one square foot area of the cover at any time. The cover shall have not less than 12 inches of bearing on the surrounding structure.(4) All floor opening covers shall bear a sign stating, "OPENING-DO NOT REMOVE", in 2 inch high, black bold letters on a yellow background.(5) The placement of covers shall be verified by a qualified person prior to each shift and following strong wind conditions.(6) Workers shall be instructed and required to adhere to the following:(A) Keep covers in place when not engaged in work requiring the opening to be uncovered, and(B) Never remove a cover by walking forward or by stepping into an area where they cannot directly observe the surface their feet will touch.(7) After work requiring floor openings to be uncovered has been completed and prior to allowing other trades in the work area, the guarding and covers for floor openings shall meet the provisions of Section 1632(b).Notes
Cal. Code Regs. Tit. 8 , § 1635Note: Authority cited: Section 142.3, Labor Code. Reference: Sections 142.3, 7101, 7102, 7103, 7104, 7105, 7107, 7108, 7109, 7251, 7252, 7253, 7254, 7255, 7256, 7257, 7258, 7259, 7261, 7262, 7263, 7264, 7265 and 7266, Labor Code.
1. Amendment filed 4-21-72 as procedural and organizational; effective upon filing (Register 72, No. 17).
2. Amendment filed 1-14-86; effective thirtieth day thereafter (Register 86, No. 3).
3. Change without regulatory effect correctly numbering subsection (b)(2) filed 11-3-92; operative 12-3-92 pursuant to title 1, section 100, California Code of Regulations (Register 92, No. 45).
4. Amendment of subsection (b)(14) filed 7-2-98; operative 8-1-98 (Register 98, No. 27).
5. Amendment of subsections (a), (a)(7), (b)(2) and (b)(6) filed 5-1-2002; operative 5-1-2002. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2002, No. 18).
6. Amendment of subsections (b)(6) and (b)(11) filed 7-3-2003; operative 8-2-2003 (Register 2003, No. 27).
7. Amendment of subsections (b)(2), (b)(8)-(9), (b)(11) and (b)(14)-(15), new subsections (c)-(c)(7) and amendment of Note filed 1-25-2006; operative 2-24-2006 (Register 2006, No. 4).
Section 1635(a) of the federal Truth-in- Lending Act. Analysis: The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading. Code of Civil Procedure §473(a)(1). However, a motion for leave to amend a pleading must: 1. Include a copy of the proposed amendment; 2. Indentify by page, paragraph, and line number any additions to or deletions from the prior pleading; 3.
TERRENCE MIX ET AL VS ING BANK ET AL
1380142
Dec 05, 2011
Santa Barbara County, CA
However, section 1635(f) is a statute of repose that is not subject to equitable tolling. See McOmie-Gray v. Bank of America Home Loans (9th Cir. 2012) 667 F.3d 1325, 1326 (“15 U.S.C. § 1635(f) is a three-year statute of repose, requiring dismissal of a claim for rescission brought more than three years after the consummation of the loan secured by the first trust deed, regardless of when the borrower sends notice of rescission”).
ELAINE CHUNG OLIVER VS U.S. BANK NATIONAL ASOCAITION
KC068863
Mar 07, 2017
Los Angeles County, CA
Real Property
Foreclosure
Plaintiff’s primary argument is that the foreclosure sale was unlawful because the Promissory Note incorporated language that mirrored the protections of United States Code, Title 15, section 1635, subdivision (b) (“TILA, subdivision (b)”). Plaintiff contends that he timely rescinded the loan transaction pursuant to this language, because he determined the terms of the loan were unfavorable.
JOHN F GROSS VS DLI PROPERTIES LLC ET AL
BC628671
Oct 24, 2017
Los Angeles County, CA
Real Property
Quiet Title
Plaintiff alleges that the Promissory Note incorporated language that mirrored the protections of United States Code, Title 15, section 1635, subdivision (b) (“TILA, subdivision (b)”). (SAC ¶ 21, Ex. I.) The “Notice of Right to Cancel” addendum to the Promissory Note states in relevant part: You are entering into a transaction that will result in a mortgage, lien or security interest on/in your home.
JOHN F GROSS VS DLI PROPERTIES LLC ET AL
BC628671
Jun 27, 2017
Los Angeles County, CA
Real Property
Quiet Title
Countrywide Home Loans, Inc. (2015) 135 S.Ct. 790 [A borrower exercising his right to rescind under section 1635 need only provide written notice to his lender within the 3–year period, not file suit within that period].) Here, Plaintiffs allege that Camille Carter executed the loan on May 15, 2007. (Compl. ¶ 58; see also Finnucci Decl. ¶ 5, Exh. A.)
CLARISSA N ESQUERRA VS MA GABRIELA ASCENCION ET AL
BC602389
Sep 22, 2016
Los Angeles County, CA
Personal Injury/ Tort
Auto
Feb 25, 2009
Removal
Hon. Joanne B. O'Donnell
Stanley Mosk Courthouse
Los Angeles County, CA
Fraud (no contract) (General Jurisdiction)
Commercial
Breach of Contract
Jan 11, 2007
Dismissal
Stanley Mosk Courthouse
Los Angeles County, CA
Other Real Property (not eminent domain, landlord/tenant, foreclosure) (General Jurisdiction)
Property
Foreclosure
Jul 21, 2008
Summary Judgment
Stanley Mosk Courthouse
Los Angeles County, CA
Other Non-Personal Injury/Property Damage tort (General Jurisdiction)
Torts
Personal Injury
May 19, 2009
Dismissal
San Mateo County
San Mateo County, CA
Aug 31, 2009
Non-Jury Verdict
San Mateo County
San Mateo County, CA
y Wy We c BM J? Marshall-Edward: Mikels, U.S. National, Citizen of California and Private Living Sovereign …
IEA San Francisco Superior Courts Information Technology Group Document Scanning Lead Sheet Aug-20-2007 2:44 pm Case Number: CGC-07-466366 Filing Date: Aug-20-2007 2:35 Juke Box: 001 Image: 01860943 COMPLAINT 4L MORTGAGE CAPITAL, A CALIFORNIA VS. CHIGAGO TITLE INSURANCE COMPANY, 001001860943 Instructions: . Please place this sheet on top of the document to be scanned.€ CM-010 ATTORNEY OR PARTY WITHOIJT ATTORNEY (Noma, State Bar number, and adgresay FOR COURT USE ONLY Patrick M. Macias, …
Aug 20, 2007
San Francisco County, CA
Aug 20, 2007
COMMON COUNTS/OPEN BOOK ACCOUNT/COLLECTIONS
1 MARK D. LONERGAN (State Bar No. 143622) mdl@severson.com 2 REBECCA S. SAELAO (State Bar No. 222731) rss@severson.com 3 JASON M. JULIAN (State Bar No. 215342) jmj@severson.com 4 SEVERSON & WERSON A Professional Corporation 5 595 Market Street, Suite 2600 San Francisco, California 94105 6 Telephone: (415) 398-3344 Facsimile: (415) 956-0439 7 Attorneys for Cross-Defendant 8 WELLS FARGO BANK, N.A. 9 10 SUPERIOR COURT OF CALIFORNIA …
Dec 02, 2022
PARKER IBRAHIM & BERG LLC COSTA MESA JOHN M. SORICH (CA Bar No. 125223) John.Sorich@piblaw.com HEATHER E. STERN (CA Bar No. 217447) Heather.Stern@piblaw.com JENNY L. MERRIS (CA Bar No. 246088) Jenny.Merris@piblaw.com PARKER IBRAHIM & BERG LLP 695 Town Center Drive, 16" Floor Costa Mesa, CA 92626 Tel: (714) 361-9550 Fax: (714) 784-4199 Attorneys for Plaintiff ELECTRONICALLY FILED Superior Court of California, County of San Francisco 08/31/2018 Clerk of the Court BY: VANESSA WU Depu…
Apr 04, 2011
San Francisco County, CA
Aug 31, 2018
QUIET TITLE - REAL PROPERTY
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Nov-14-2016 4:23 pm Case Number: CGC-11-509805 Filing Date: Nov-14-2016 4:22 Filed by: MELISSA DONG Image: 05631997 REMITTITUR BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR VS. STEPHANIE NAIFEH et al 001005631997 Instructions: Please place this sheet on top of the document to be scanned.COURT OF APPEAL, FIRST APPELLATE DISTRICT 350 MCALLISTER STREET SAN FRANCISCO, CA 94102 DIVISION 5 Office of the Count…
Apr 04, 2011
San Francisco County, CA
Nov 14, 2016
QUIET TITLE - REAL PROPERTY
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