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2024.06.11 Motion to Compel Further Responses, Inspection of Real Property, Evidentiary Sanctions 413
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.06.11
Excerpt: ...n Of Documents, Set Two. Pro Tem Judge Scott Borrowman, a member of the California State Bar who meets all the requirements set forth in CR C 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 Ju...
2024.06.11 Demurrer 803
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.06.11
Excerpt: ... to exit their autonomous car into "an angled and sloped concrete drainage area." (SAC 3:20 -28.) Plaintiff "was employed by Actalent, a staffing agency." (Id. at 2:26.) Defend ants say plaintiff's claims are barred by workers' compensation exclusivity, as defendants were his special employer. However, the "question of whether an employment relationship exists is generally a question reserved for the trier of fact"...
2024.06.10 Demurrer 877
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.06.10
Excerpt: ...ompetitive ventures while working for SpotOn. The former employees cross -claimed for violations of California wage and hour laws and invoked California's Private Attorney Generals Act (PAGA). It is undisputed, however, that the former employees worked and lived outside California when employed by SpotOn, so the demurrer's focus is whether California wage and hour laws applied to them. They did not. A key case - cited by bot h sides - is ...
2024.06.06 Demurrer 478
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.06.06
Excerpt: ...complaint is low on detail. But combining the pled facts with those judicially noticeable shows plaintiff was employed as a City parking control officer when injured on Portola Drive while "midnight street cleaning" was performed. (Cmplt.; RJN 1 -3.) Straining her right wrist and leg, plaintiff went on "temporary total disability" for 17 months, collecting $75,711.30 in worker's compensation benefits. (Id.) Plaintiff concedes...
2024.06.05 Motion to Quash Service of Summons or Stay or Dismiss 270
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.06.05
Excerpt: ... Plaintiff has the burden to demonstrate jurisdiction. (Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1439 -1440). Plaintiff relies on the declaration of Mr. Lau to demonstrate that defendant W ang had minimum contacts with California. The court sustains defendant's objections to that declaration. Mr. Lau fails to demonstrate personal knowledge of the described events. He does not explain how he knows that defendant signed the...
2024.06.05 Demurrer, Motion to Strike 827
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.06.05
Excerpt: ...al abuse theory (W&I Code 15610.63). (SAC 9:14 -22.) The first amended complaint (FAC) sought to plead elder abuse under a neglect theory (W&I Code 15610.57). (FAC 10:7 -16.) Unlike the neglect theory, the physical abuse theory requires no "substantial caretaking or custodial relationship." (CACI 3103, 3106.) Winn v. Pioneer Medical Group Inc. (2016) 63 Cal.4th 148, 152 - a neglect case - is not contrary to California's approved jury...
2024.06.05 Demurrer 566
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.06.05
Excerpt: ...ment, the Admissions Letter, and the Feeder LLC Agreement": count 1 (breach of contract), count 2 (breach of covenant of good faith and fair dealing) and count 3 (UCL). The parti es seem to agree that statutes of limitation were triggered March 19, 2019, plaintiff filed an arbitration demand March 16, 2023 and filed this action May 15, 2023. Defendants first argue that counts 1 and 2 are time -barred because a Delaware three -year statute ...
2024.06.03 Motion to Compel Arbitration and Stay Action Pending Arbitration 191
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.06.03
Excerpt: ... arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense." (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972.) Here, there is no dispute that the parties executed the Representation Agreement. (Katz Decl., par. 2; Response, pg. 4.) Section 8 of the Representation Agreement contains a broad ...
2024.05.31 Motion to Set Aside Clerk's Entry of Default, to Quash Service of Process 274
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.05.31
Excerpt: ... (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 980.) Plaintiff purportedly substitute served defendant at 69 Colgate Drive, Rancho Mirage, California. (Simons Decl., Ex. 14.) The weight of the evidence demonstrates that the Rancho Mirage property is not defendant's "dwelling house, usual place of abode, [or] usual place of business. (CCP 415.20(b).) Defendant has a New York driver's license and is actively involved in New York real est...
2024.05.31 Motion for Attorney Fees, to Tax Costs 200
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.05.31
Excerpt: ...39;s fees is gra nted in part. At the May 3, 2024, hearing counsel were directed to provide a new cost bill, in light of the court's finding that Diana Tom was the prevailing party, but some items should be disallowed. First, the court specified that fees were appropriate from January 21, 2022, forward, the date the 998 offers were served on plaintiffs. Accordingly, the 1/25/21 fee is disallowed. (Mem. of Costs 5:2.) Second, the court indic...
2024.05.30 Motion for Reconsideration 607
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.05.30
Excerpt: ...eadings motions is denied. California law requires a meet -and -confer before a pleadings motion at which the party that filed the pleading "shall provide legal support for its position that the pleading is legally sufficient or, in the alternative, how" the pleading "could be amended to cure any legal insufficiency." (CCP 430.41(a)(1), 435.5(a)(1).) It was clear from counsel's declaration filed with the three motions that t...
2024.05.24 Motion to Dismiss with Prejudice 685
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.05.24
Excerpt: ...is not brought to trial within three years after commenced against the defendant. Plaintiff named movant on May 20, 2019. Plaintiff's counsel subsequently died and while in p r o p e r, plaintiff encountered difficulties serving movant. The COVID 19 pandemic also caused prosecutorial delay. Given these facts, the motion is denied without prejudice but may be renewed if new facts arise showing a lack of diligence. Plaintiff to obt ain a trial ...
2024.05.24 Motion to Stay Action 241
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.05.24
Excerpt: ...determines whether to issue a stay: "In exercising its discretion the court should consider the importance of discouraging multiple litigation designed solely to harass an ad verse party, and of avoiding unseemly conflicts with the courts of other jurisdictions. It should also consider whether the rights of the parties can best be determined by the court of the other jurisdiction because of the nature of the subject matter, the availability ...
2024.05.24 Motion to Strike 388
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.05.24
Excerpt: ...ompliance Under C.C.P. 704.710 To 704.85 0Rulings:Matter on the Law & Motion Calendar for Friday, May 24, 2024, Line 1, RESPONDENTS ALAN DONES, JOHN GUILLORY, and ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS' Moton Of The Removing By Error Of Addendum And Errata To Memorandum Of Points And Authoriti es In Support Petition On Third Party Claim And Denial Of Third Party Claim, Order Declaring Interest Of Third Party Claim Null And Void And Striki...
2024.05.23 Motion to Transfer 780
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.05.23
Excerpt: ...or Court is granted. An Uber Eats driver killed plaintiffs' decedent. The collision was in Santa Barbara County, where decedent lived. Defendant driver, plaintiffs and at least 19 non -party witnesses reside in Santa Barbara C ounty. (Memo. 5:17- 14:2.) Counsel for both sides are in Southern California. Uber Eats' San Francisco headquarters is the case's only nexus here. Thus, "the convenience of witnesses and the ends of justice&...
2024.05.21 Motion to Compel Individual Arbitration 270
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.05.21
Excerpt: ...ment by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense." (Engalla v. Permanente Medical G roup, Inc. (1997) 15 Cal.4th 951, 972.) In this case, the Sauerwein declaration demonstrates that plaintiff agreed to arbitration on several occasions and plaintiff does not contend otherwise. The broad arbitration agreement "applies...
2024.05.20 Motion to Compel Responses, for Sanctions 506
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.05.20
Excerpt: ...ions In The Amount Of $3,150.00 Against Defendant Rodrick Fods Inc Dba Mcdonald'S [PART ONE OF TWO] Pro Tem Judge Philip Ward, 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 wi ll be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties...
2024.05.20 Motion to Compel Responses, for Monetary Sanctions 082
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.05.20
Excerpt: ...asa Properties, Llc And Imposing Of Monetary Sanctio ns [PART ONE OF THREE] Pro Tem Judge Philip Ward, 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 motio n 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 stip...
2024.05.20 Motion to Compel Responses 268
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.05.20
Excerpt: ... 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 p arties 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 ...
2024.05.20 Motion to Compel Production of Docs, for Sanctions 831
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.05.20
Excerpt: ...t Plaintiff And His Attorney In The Sum Of $21,475 [PART ONE OF THREE] Pro Tem Judge Philip Ward, 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 stipulatio...
2024.05.20 Motion to Compel Further Responses 133
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.05.20
Excerpt: ...ge Philip Ward, a member of the Cali fornia 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 w...
2024.05.20 Motion to Compel Deposition, for Sanctions 133
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.05.20
Excerpt: ...ns Against Defendant And His Attorney [PART ONE OF FOUR] Pro Tem Judge Philip Ward, 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...
2024.05.20 Motion to Compel Deposition 313
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.05.20
Excerpt: ...Philip Ward, a member of the Califor nia 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...
2024.05.20 Motion to Compel Compliance with Subpoena for Records 952
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.05.20
Excerpt: ...laintiff Venitha Gopi [PART ONE OF TWO] Pro Tem Judge Philip Ward, 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 bef...
2024.05.17 Motion to Strike Amended Complaint 059
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.05.17
Excerpt: ...cken from the FAC because it is improperly based on the information and belief of Ernie Ramsey, a corporate officer of plaintiff Jonathan Neil & Associates, Inc. CCP 446, however, expli citly allows officers to verify a corporation's complaint. Further, verification on information and belief is permissible where, as here, there is no allegation of bad faith. (See League of Women Voters v. Eu (1992) 7 Cal.App.4th 649, 656.) Thus, defendant s&...

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