Excerpt: ...s. Pro Tem Judge William Lynn, 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 mo
Ÿon. Prior to the hearing all par
Ÿes to the mo
Ÿon will be asked to sign a s
Ÿpula
Ÿon agreeing that the mo
Ÿon may be heard by the Pro Tem Judge. If all par
Ÿes to the mo
Ÿon sign the s
Ÿpula
Ÿon, the hearing will proceed before the Judge Pro Tem who ...

Excerpt: ...Motion: Exhibit A (Decedent's Personal Injury Complaint); Exhibit B (Plaintiffs' Wrongful Death Complaint); and Exhibit C (Amendment to First Amended Wrongful Death Complaint to Substitute Defendant's True Name for Does 2 and 254). The Court considered Exhibits D through K in Defendant's Index of Evidence in Support of the Motion. The Court declines to rule on Defendant's objections to Decedent's deposition submitted in Plaintiffs' opposing evide...

Excerpt: ...ce Highman, 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 with t...

Excerpt: ...hman, 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 mo
Ÿon. Prior to the hearing all par
Ÿes to the mo
Ÿon will be asked to sign a s
Ÿpula
Ÿon agreeing that the mo
Ÿon may be heard by the Pro Tem Judge. If all par
Ÿes to the mo
Ÿon sign the s
Ÿpula
Ÿon, the hearing will proceed before the Judge Pro Tem who will decide the mo
Ÿon w...

Excerpt: ...dge Scott Borrowman, 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 moti...

Excerpt: ...INATING SANCTIONS, STRIKING DEFENDANTS ANSWER AND ENTERING DEFAULT; REQUEST FOR MONETARY SANCTIONS OF $1,572.95; Pro Tem Judge Scott Borrowman, 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 moton may be heard by the Pro Tem Judge. If ...

Excerpt: ...ing whether an action is a SLAPP. First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one arising from protected activity If the court finds that such a showing has been made, it must then determine whether the plaintiff has demonstrated a probability of prevailing on the claim." (Navellier v. Sletten (2002) 29 Cal.4th 82, 88.) This action arises from an uninsured motorist arbitration...

Excerpt: ...Partners, LLC, TurbineOne, LLC, and Matthew Amacker's (collectively "SEP") motion for summary adjudication is denied. SEP presents some new evidence that was unavailable at the time the court originally heard this motion, e.g., testimony of cross-complainant's PMQ witness, amended/supplemental discovery response, and the declaration of Mr. Camp. Therefore SEP may renew the motion under CCP secs. 1008(b) and 437c(f)(2). *The Court's full and compl...

Excerpt: ... of fault was prov-ded, relief is discretionary and must be based on a showing of "mistake, inadvertence, surprise, or excusable neglect." (CCP 473(b).) The party moving for relief on the basis of "mistake, inadvertence, surprise, or excusable neglect" must show specific facts demonstrating that one of these conditions was met. (Hopkins & Carley v. Gens (2011) 200 Cal.App.4th 1401, 1410, 135 [defendant's burden to demonstrate "that due to some mi...

Excerpt: ...c)(1).) Plaintiffs appealed and lost again. Defendants' motion for appellate fees and costs is adjudged as follows. First, as to hourly rates, the 7/29/21 Order's findings are adopted; in sum: "The hourly rates that defendants were charged were $330 for partners, $255 for associates and $170 for legal assistants, which the Court finds to be reasonable." (ld. at 3:9-10.) Second, defense counsels' hours worked on the appeal are also reasonable. Pla...

Excerpt: ... or ordered to be paid by the probate court, and the complaint defects are incurable. Plaintiff argues that defendants agreed to seek the attorneys' fees in probate court but have not done so in over two years. (Opp., 5:8-9.) Plaintiff also argues that defendant Trammell agreed to advance out of pocket expenses. (See Cmplnt. at p. 3.) Each cause of action refers to the $3,500 in costs for court reporter fees, that is still outstanding, in additio...

Excerpt: ...fferent court location within the same superior court as provided in this section, proceedings shall be held as provided by local rules of the superior court." (CCP sec. 396a(f).) The Lual Rule of San Francisco provides that this department hears all pretrial motions except for certain matters including "probate law and motion matters." (Lual Rule 8.1(A)(1), Plaintiffs' complaint alleges breach of contract and account stated from a settlement agr...

Excerpt: ...ned 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 sign given by emai...

Excerpt: ...s motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the moton 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 pa...

Excerpt: ... Complaint, 1:23-24.) Plaintiff alleges that defendant continues to have a uniform policy that violates the Labor Code. (Amended Complaint, pars. 16, 18, 22.) Under Johnson v. Maxim Healthcare Services, Inc. (2021) 66 Cal.App.5th 924, 930, PAGA standing does not depend on maintaining an individual claim and an aggrieved employee can maintain a representative PAGA achon even where the individual claim is time barred. Plaintiffs representative alle...

Excerpt: ...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 party appears by telephone, the stipulation may be signed via ...

Excerpt: ...ely treat plaintiffs fall; (4) did not implement a wound prevention program and caused a wound to reach into the base of his spine; (5) did not provide adequate food and liquids; (6) repeatedly did not assist with hygiene and meet plaintiffs basic needs; (7) regulatory violations; and (8) defendant's purposeful decision (through fts officers, directors, and/or managing agents) to understaff the facility plead sufficient facts to support a claim f...

Excerpt: ...ants' demurrer is sustained with leave to amend. The Court's complete tenta
Ÿve ruling is emailed to the par
Ÿes. For the 9:30 a.m. Law & Mo
Ÿon calendar, all a
©orneys and par
Ÿes may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tenta
Ÿve Rulings," and click on the ...

Excerpt: ...N THOMPSON, CRISTIAN ZAPATA Notice Of Hearing on Petition To Compel Arbitration And Award Relief under Cal. Code Civ. Proc. Sec. 1281.97 Petitioners' motion to compel arbitration and award relief under CCP 1281.97 is denied. The weight of authority holds that the Federal Arbitration Act ("FAN') does not preempt CCP 1281.97. (See Espinoza v. Superior Ct. of Los Angeles cnty. (2022) 83 cal.App.5th 761; Gallo v. wood Ranch USA, Inc. (2022) 81 cal.Ap...

Excerpt: ...nted from Colorado-resident defendant over Airbnb, which is headquartered in San Francisco. The parties dispute whether plaintiff was resident at the time in Arizona or California. Defendant appears to concede that a contract can be formed over Airbnb. Defendant says he has been in California twice in his life, for a Disneyland trip and first aid training - both many years ago. "When a defendant moves to quash on jurisdictional grounds, the plain...

Excerpt: ...count) The FAC pleads an agreement that the parties would each deposit 10% of their monthly salaries into the account, with each to "own" half the balance. (ld. at 6:1-7.) Defendant later withdrew "near the entirety" of the account balance and refuses to return plaintiffs share, thus converting his half. (ld. at 1:8-20.) No "right to payment" seems to be at issue, nor is the parties' ownership based on each's contributions, so defendants' cited a...

Excerpt: ...tion And Motion To Re-Open And Compel Targeted Discovery Regarding Spoliation. (Part 1 of 2 for purposes of entry of tentative ruling) Pro Tem Judge William Lynn, 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 th...

Excerpt: ...rve 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 party appears by telephone, the stipulation may be signed ...

Excerpt: ...n the three-year statutory deadline of December 31, 2022. (MPA, 6:1-7.) CCP 340.1(f) requires that any plaintiff who is 40 years of age or older at the time the action is filed, must file certificates of merit together with the complaint. At the tme plaintiff filed this action, she was over 50 years old. (Cmplnt. 1:28-2:1.) Pursuant to the provisions of CCP 340.1(f) plaintiff was required to file a certificate of merit at the time the action is f...

Excerpt: ...se the number of card/gambling tables it could operate at its cardroom because the enabling ballot measure (Measure H) allegedly did not comply with Bus. & Prof. Code sec. 19961(c). Facts and Procedural History This is not petitioner s first time to appear before this court regarding its desire to add card tables. In CPF-21-517433, petitioner filed a petition for writ of mandate alleging that respondent misinterpreted several ordinances and statu...