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2024.02.06 Demurrer, Motion to Strike 133
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.06
Excerpt: ...because ambiguities can be clarified under modern discovery procedures." (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Here, the SAC sufficiently identifies which rules apply to which plaintiff at paragraphs 130-133. Plaintiffs have therefore cured the uncertainty that was present in the First Amended Complaint and discovery can alleviate any ambiguity that defendant presently perceives. For the 9:30 a.m. Law & Motion cal...
2024.02.06 Demurrer 780
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.06
Excerpt: ...they can do so in good faith. The FAC pleads that plainti¯s' decedent was killed in a high-speed tra¯ic collision while defendant Andrew Burgher was drunkenly driving for Uber Eats and that Checkr performed a faulty background check on Burgher for Uber. (See, e.g., FAC 15:17-17:2, 23:20-24:5.) Negligence. Burgher has a criminal history including two driving under the inßuence convictions not mentioned in Checkr's background report. (See, e.g...
2024.02.01 Motion for Summary Judgment, Adjudication 635
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.01
Excerpt: ...initial burden of production and show that defendants did not breach the standard of care, nor did they cause injury to decedent. (Madden Decl., Ex. D [Parrett Decl., pars. 1-15].) Indeed, plainti¯ admits that defendants shifted the burden. (Opposition 4:1-10.) When a defendant moves for summary judgment and supports its motion with an expert declaration that its conduct fell within the standard of care, the defendant is entitled to summary jud...
2024.01.31 Motion to Compel Further Production of Docs 694
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.31
Excerpt: ... 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 party appears by telephone, the stipulation ma...
2024.01.31 Motion to Compel Destructive Testing 763
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.31
Excerpt: ...o 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 email. If...
2024.01.31 Motion for Terminating, Issue, Evidentiary, and Monetary Sanctions 651
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.31
Excerpt: ...ART 1 OF 4) 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 before the Judge Pro Tem who wi...
2024.01.30 Motion to Compel Further Responses, for Sanctions 140
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.30
Excerpt: ...ions(part 1 of 2) 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 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 ...
2024.01.24 Motion to Compel Further Responses 299
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.24
Excerpt: ...Federateds Request For Production, Set Three, From Plaintiff A.W. Miller Enterprises, Inc. Pro Tem Judge David McDonald, 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 all parties to the moti...
2024.01.24 Application for Right to Attach Order, for Issuance of Writ of Attachment 408
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.24
Excerpt: ...arties to arbitration proceedings may apply to the superior court for writs of attachment if, among other requirements, an award to the petitioner "may be rendered ineffectual" without such relief. (CCP 1281.8.) Apparent insolvency or other evidence of severe financial difficulties can satisfy the ineffectual relief requirement. (California Retail Portfolio Fund GMBH & Co. KG v. Hopkins Real Estate Group (2011) 193 Cal.App.4th 849.) This can be i...
2024.01.18 Motion to Waive Posting of Bond 680
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.18
Excerpt: ...court for taking advantage of the San Francisco community's generous social services and then vexaŸously suing the service providers, including individual people. "The vexaŸous liŸgant statutes were enacted to require a person found a vexaŸous liŸgant to put up security for the reasonable expenses of a defendant who becomes a target of one of these obsessive and persistent liŸgants " (Golin v. Allenby (2010) 190 Cal.App.4th 616, 634.)...
2024.01.18 Motion for Trial Preference 109
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2024.01.18
Excerpt: ...y Defendant Golden Gate Drywall and Defendant Westburne Supply, Inc. Joinder to Golden Gate Drywall's opposition filed by Frederick Meiswinkel, Inc. Reply filed by Plaintiff. 1. The trial date is May 6, 2024 at 11:15 a.m. in Department 206. a. Last day pursuant to C.C.P. section 36(f) is May 17, 2024. b. The parties shall follow the California Rules of Court, San Francisco Local Rules, and Local Rule 20 except as noted below. 2. The last day for ...
2024.01.18 Motion for Summary Judgment 997
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2024.01.18
Excerpt: ...efendant's separate statement. The following fail to unequivocally state whether Defendant's stated material facts are disputed or not: Nos. 5; 7; 8; 10; 11; 14; and 16. (Cal. Rules of Ct., rule 3.1350, subd. (f)(2).) The following fail to unequivocally state whether Defendant's stated material facts are disputed or not and, if disputed, fail to cite to evidence supporting that position: Nos. 16 through 24. (Ibid.) The following confound the natu...
2024.01.17 Motion to Set Aside Default and Vacate Default Judgment 138
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.17
Excerpt: ...s previous 'motion to set aside default and leave to defend.' "The name of the motion is not controlling, and, regardless of the name, a motion asking the trial court to decide the same matter previously ruled on is a motion for reconsideration under Code of Civ-l Procedure section 1008." (Powell v. County of Orange (2011) 197 Cal.App.4th 1573, 1577.) A reconsideration motion must be "based upon new or different facts, circumstances, or law" and ...
2024.01.17 Motion for Summary Judgment, Adjudication 633
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.17
Excerpt: ...show that one or more elements of plaintiff's claims "cannot be established." (CCP 437c(p)(2).) On summary judgment, "[t]he moving party's evidence must be strictly construed, while the opposing party's evidence must be liberally construed." (Binder v. Aetna Life Ins. Co. (1999) 75 Cal.App.4th 831, 838.) To establish her negligence/premises liability causes of action, plaintiff must present evidence of actual or constructive notice of the dangero...
2024.01.16 Motion for Judgment on the Pleadings 540
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.16
Excerpt: ...gment On Part Of The Pleadings, As To Causes Of Acton Numbers One And Two In Plaintiff Third Amended Complaint, Without Leave To Amend And Exhibits 1-6 Requested For Judicial Notice [C.C.P. 438, Et Seq.] California College of the Arts (CCA) moves for judgment on the pleadings as to causes of action 1 and 2 of the third amended complaint (TAC) on standing grounds. The issues raised in CCA's motion (and plaintiffs responses thereto) appear largely ...
2024.01.16 Demurrer 961
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.16
Excerpt: ...s March 23, 2022, order denying petitioner's fee waiver application in a prior case. Defendant Chief Justice Cantil-Sakauye is absolutely immune from a suit for damages allegedly arising out of official court rulings as a matter of law. "The decisions of this state uniformly and consistently grant immunity from civil suit to judges in the exercise of their judicial functions. [citationl That is true even if the acts are in excess of the jurisdict...
2024.01.12 Demurrer to Petition for Writ of Mandate 272
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.12
Excerpt: ...t Wells Fargo was conducting sham interviews of racially and ethnically diverse candidates for job openings that had already been filled. (Petition, Para. 14.) Wells Fargo shareholder Cook sought to investigate. (Petition, Para. 1.) On October 3, 2022, Cook propounded a shareholder inspection demand under California and Delaware aw (Petition, Para. 20.) On August 14, 2023, Cook filed a petition before this court to enforce her shareholder inspect...
2024.01.11 Motion to Seal 525
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.11
Excerpt: ...ired by California Rule of Court 2.550(d), a party moving to seal court records must present "specific enumeraton of the facts sought to be withheld and specific reasons for withholding them (See H.B. Fuller Co. v. Doe (2007) 151 Cal.App.4th 879, 894.) Here, while portions of 8TlG's complaint are laundry-listed, the specific facts sought to be withheld are not enumerated. Moreover, while broad reasons for withholding documents are also laundry-li...
2024.01.11 Demurrer 479
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.11
Excerpt: ...nt does not comply with this rule. The "allegations" refer to extraneous matters and the complaint contains unnecessary exhibits. The pleading is unintelligible. Defendant contends that plaintiff's action is time-barred, but the court cannot discern whether it is given the pleading's incoherence. Plaintiff has leave to amend to clarify that he is suing defendant for legal malpractice, the precise action/s which support the claim, and when plainti...
2024.01.09 Motion for Sanctions 257
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.09
Excerpt: ...safe harbor requirement of the sanctions statute. CCP 128.7(c)(1) requires "service of the motion' to trigger the safe harbor period. Paragraph 17 of the Drenski declaration states: "On October 18, 2023, Lyft served this Motion upon counsel for Plaintiff, along with a letter requesting immediate withdraw of his second motion for relief. Attached hereto as Exhibit A is a true and correct copy of the October 18, 2023, letter, and Proof of Service."...
2024.01.09 Motion for Entry of Judgment 238
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.09
Excerpt: ..."CCP 654.6 enforceable." (Harker Decl„ Ex. A.) The terms of the parties' Long-Form Release, confidentiality, and nan-disparagement agreements are sufficiently definite to be enforced. After entering into their initial settlement, they agreed on the terms of those covenants. (Harker Reply Decl., pars. 6-12.) Plaintiff is entitled to judgment for $147,500: $27,500 against the Sheehan defendants and $120,000 against the Heit defendants. Settling d...
2024.01.09 Application for Writ of Mandate 386
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.09
Excerpt: ...NCISCO FIREFIGHTERS UNION LOCAL 798, SAN FRANCISCO POLICE OFFICERS ASSOCIATION Notice Of Hearing For order Granting writ Of Mandate (C.C.P. section 1085), Declaratory And Injunctive Relief; Memorandum Of Points And Authorities; Declarations Of Tracy Mccray And Stephen Giacalone And Exhibits In Support Thereto The "petition for writ of mandate, declaratory and injunctive relief' is stayed underthe court's inherent powers. (OTO, L.L.C. v. Kho (2019...
2024.01.08 Motion to Seal Certain Exhibits and Information, for Summary Adjudication 605
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.08
Excerpt: ...ion Payward, Inc.'s motion to seal is denied without prejudice. To enable a court to make the specific findings required by California Rule of Court 2.550(d), a party moving to seal court records must present "specific enumeration of the facts sought to be withheld and specific reasons for withholding them." (See H.B. Fuller Co. v. Doe (2007) 151 Cal.App.4th 879, 894.) Here, while portions of documents are laundry-listed, the specific facts sough...
2024.01.08 Motion to Lift Stay 022
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.08
Excerpt: ...igation case (CGC-20-587022). In 2021, the parties stipulated that "resolution of the disputes currently pending in the arbitration may bear upon or relate to claims asserted in the instant litigation" and "the parties hereby agree that a stay of this litigation will avoid divergent outcomes and promote judicial economy." Thus, this court stayed the litgation "pending the final adjudication of all claims in the arbitration." Plaintiff first moved...
2024.01.08 Demurrer 705
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.08
Excerpt: ...- a claim the City denied. Plaintiffs FAC, however, pleads a fall on a "negligently maintained sidewalk" some five blocks away "at or near 2501 Clement St." The City first demurs as to plaintiffs failure to meet the requirement that a government claim state the "place" of the alleged occurrence. (Govt. Code 910(c).) Plaintiff concedes the discrepancy between her government claim and her complaint, but argues that the former properly "listed the '...
2024.01.04 Motion to Seal 605
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.04
Excerpt: ...ummary Judgment And Summary Adjudication Motions Conditionally Filed under Seal Payward, Inc.'s motion to seal is denied without prejudice. To enable a court to make the specific findings required by California Rule of Court 2.550(d), a party moving to seal court records must present "specific enumeration of the facts sought to be withheld and specific reasons for withholding them." (See H.B. Fuller Co. v. Doe (2007) 151 Cal.App.4th 879, 894.) He...
2024.01.03 Motion to Quash Service of Summons or Stay or Dismiss 643
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.03
Excerpt: ...l 3, 2024. Plaintiffs allege that they developed silicosis from fabricating countertops. Defendant (one of 41 putative defendants) is a Texas LLC that distributes slabs supplied by a Vietnamese entity. (Nguyen Dec. 2:12-16.) Defendant manager/owner An Nguyen declares that its distribution is "primarily' outside California. (ld. at 2:22-26.) However, he acknowledges some California contacts. First, on "very rare occasions," defendant sells "quartz...
2023.12.28 Motion for Summary Judgment 100
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2023.12.28
Excerpt: ...idence of asbestos exposure and causation. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal.4th 826, 855.) Plaintiffs identified the deposition transcript of Decedent Arthur Hawkins, Jr., taken in In re Petition of Candy Knight, Sacramento Superior Court Case No. 34-2018-00230424, as a defendant-specific document in this wrongful death case. (Ohlsen Dec„ Ex. C [Plaintiffs' Amended Response to Defendant's Special Interrogatories, Set One] at 10:17-1...
2023.12.27 Motion to Compel Further Responses 688
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.12.27
Excerpt: ...et 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 party appears by telephone, the...
2023.12.27 Motion to Compel Arbitration and Stay Action 940
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.12.27
Excerpt: ...arties via e-mail. Defendants uber Technologies, Inc., Rasier, LLC and Rasier- CA, LLCs motion to compel arbitration and stay is granted. Plaintiff Marygrace Anaya agreed to arbitrate disputes with Defendant Uber Technologies, Inc. (See Ex. G, Section (2), subparts (a)(l) & (a)(4).) And the arbitration agreement appears to encompass the instant dispute. The parties delegated issues of arbitrability to the arbitrator. (See ADR Arbitration Rules an...
2023.12.27 Motion for Evidentiary and Monetary Sanctions 863
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.12.27
Excerpt: ...Attorney Timothy Silverman For Disobeying Two Court Orders To Provide Discovery Before the court is Plaintiff Ranier Mejia's Motion For Evidentiary And Monetary Sanctions Against Defendant CFAM Financial Services, LLC And Attorney Timothy Silverman For Disobeying Two Court Orders To Provide Discovery. The court adopts Judge Pro Tem William Lynn's report and recommendation in full. Thus, the court grants the motion for evidentiary sanctions and en...
2023.12.26 Motion for Leave to File Amended Complaint 164
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.12.26
Excerpt: ...enied without prejudice. The proposed amendments would prejudice defendants at this stage and are untimely with the case in its current procedural posture. (Record v. Reason (1999) 73 Cal.App.4th 472, 485-487.) Throughout the litigation, the parties acted as if Plaintiff was an exempt employee. The proposed amendments seek to change the tenor of the case, treating Plaintiff as non- exempt and treating her employment as governed by a different set...
2023.12.21 Motion for Determination of Good Faith Settlement 413
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.12.21
Excerpt: ...is denied without prejudice. Key factors in an analysis under Tech-Bilt, Inc. v. Woodward- Clyde & Associates (1985) 38 Cal.3d 488 are "a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability" and "the financial conditions and insurance policy limits of settling defendants." (ld. at 499.) However, beyond a little unsupported and imprecise hyperbole, this crucial information has not been provided to the court....
2023.12.21 Demurrer 248
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.12.21
Excerpt: ...ation and (3) unfair competition. Defendants argue that plaintiffs view of the bonus is contrary to an "offer letter" referred to in the complaint, and thus the first and third counts are barred. However, the offer letter is not attached to the complaint as an exhibit, nor does the complaint plead all the offer's principal terms. Thus, defendants' demurrer improperly relies on unpled extrinsic matter. (Blank v. Kirwan (1985) 39 cal.3d 311, 318.) ...
2023.12.20 Motion to Dismiss Individual Defendants 047
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.12.20
Excerpt: ...Wednesday, December 20, 2023, line 10. Plaintiffs "motion to dismiss defendants Mike Smith and Linda Galijan's appeal of the order, decision, or award [OADI of the labor commissioner for failure to post undertaking mandated by Labor Code 98.2(b)" is denied. Plaintiff claimed unpaid employment by the San Francisco Zen Center, of which Smith and Galijan were managers. The September 6, 2022 OAD found for plaintiff in the amount of $149,177.15 agains...
2023.12.20 Motion for Entry of Judgment 238
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.12.20
Excerpt: ...t is "CCP 664.6 enforceable." (Harker Decl., Ex. A.) he terms of the parties' Long-Form Release, confidentiality, and non-disparagement agreements are sufficiently definite to be enforced. After entering into their initial settlement, they agreed on the terms of those covenants. (Harker Reply Decl„ pars. 6-12.) This motion, however, is premature. The settlement provides that payment is due "within 30 days of fully-executed agreement & W9." The ...
2023.12.20 Demurrer, Motion to Strike 214
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.12.20
Excerpt: ...plaint's allegations must be accepted as true on demurrer. (Memo. 9:15-17; Del E. Webb v. Structural Materials Corp. (1981) 123 Cal.App.3d 593, 604.) Moreover, where, as here, a contract is attached to the complaint, plaintiff's interpretation of it must be accepted as correct on demurrer. (Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 239.) The complaint adequately pleads breach of fiduciary duty against Gupta. (I...
2023.12.19 Demurrer, Motion to Strike 827
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.12.19
Excerpt: ... under the elder abuse statute (Welfare & Institutions Code ("W&I") section 15657) must show physical abuse or neglect. W&I 15610.57 defines "neglect" and notes that it applies to persons "having the care or custody of an elder." In Winn v. Pioneer Medical Group, Inc. (2016) 63 Cal.4th 148, 158, the court explains that the neglect definition contemplates "the existence of a robust caretaking or custodial relationship-that is, a relationship where...
2023.12.18 Motion for Summary Judgment 966
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.12.18
Excerpt: ...of James Zehnder, M.D. demonstrates that defendant did not breach its duty of care or cause decedent's death. When a defendant mcwes for summary judgment and supports its motion with an expert declaration that its conduct fell within the standard of care, the defendant is entitled to summary judgment unless the plaintiff comes forward with conflicting expert evidence. (See Munro v. Regents of the University of California (1989) 215 Cal.App.3d 977...
2023.12.15 Demurrer 375
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.12.15
Excerpt: ...acts sufficient to state a cause of acton upon which relief can be granted. (See Code Civ. Proc., 430.10, subd. (e).) Indeed, the complaint includes no discernible facts and the court is unable to discern cognizable facts from the attachments, many of which are in Spanish unaccompanied by any translation. Additionally, the complaint is uncertain in that it is ambiguous and unintelligible as submitted. (See Code Civ. Proc„ 430.10, subd. Further,...
2023.12.14 Motion for Summary Judgment, Adjudication 017
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2023.12.14
Excerpt: ...n is procedurally defective. Defendant fails to sustain its initial burden of showing Plaintiffs do not possess and cannot reasonably obtain needed evidence of asbestos exposure and causation. (Aguilar v. Atl. Richfield Co. 25 Cal.4th 826, 855.) Melvin Rodrick stated that he "installed asbestos-containing GARLXK gaskets and worked with asbestos-cement pipe, plumber's putty, gaskets, and other asbestos-containing materials that were supplied by CA...
2023.12.14 Demurrer 244
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.12.14
Excerpt: ...al Act (PAGA) acton. It involves employees in one department at a Dignity Health hospital in Stockton. (SAC 5:16-19.) Plaintiff pleads that she and her cohort were ordered to work remotely starting with the Covid-19 pandemic, but have not been fully reimbursed for their internet and cellphone expenses. (ld. at 3:9-5:10.) Defendants argue that this action should be abated or stayed because it is duplicative of an earlier-filed PAGA action in Los A...
2023.12.12 Motion to Compel Discovery Responses, Deposition, for Sanctions 845
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.12.12
Excerpt: ...ents 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 moton 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...
2023.12.11 Motion to Compel Responses, for Monetary Sanctions 966
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.12.11
Excerpt: ...assigned to hear this motion. Prior to the hearing all parties to the moton 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 ...
2023.12.11 Demurrer 626
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.12.11
Excerpt: ...the suit commenced. (See Cal. Corp. Code sec. 800; Grossetv. Wenaas (2008) 42 Cal.4th 1100, 1119 [plaintiff brining derivative suit must maintain shareholder status throughout pendency of litigation].) Here, Ostrovsky has alleged she was a shareholder "at all relevant times [when] the transactons and occurrences set forth herein occurred." (Compl. Para. 27.) Drawing reasonable inferences from the pleadings, Ostrovsky has adequately pled she was a...
2023.12.11 Application for Writ of Attachment, Right to Attach Order 934
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.12.11
Excerpt: ...tach Order. Plaintiffs application for a writ of attachment is denied. Pretrial attachment is a harsh and disfavored remedy, so the requirements for issuance are strictly construed against the applicant, which bears the burden of proving every element. (CCP 484.090(a); Martin v. Aboyan (1983) 148 cal.App.3d 826, 831; Loeb & Loeb v. Beverly Glen Music, Inc. (1985) 186 cal.App.3d 1110, 1116; Pos-A-Tracton, Inc. v. Kelly-springfield Tire co. (C.D. c...
2023.12.08 Motion to Sever 629
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.12.08
Excerpt: ...he California Department of Insurance and the Commissioner of the California Department of Insurance and, on the other hand, the contract and bad faith claims against Standard Insurance Company. Nor does the record show a basis for permissive joinder. The fourth cause of achon for writ of mandamus against the California Department of Insurance and the Commissioner of the California Department of Insurance is ordered severed from the other claims ...
2023.12.08 Motion to Amend Complaint to Add Additional Surety Defendant, Increase Damages 433
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.12.08
Excerpt: ...nd To Increase Damages Claim Based On Subsequently Incurred Damages. Plaintiff Acme Integrated Services, Inc. 's motion for leave to amend its complaint is GRANTED. Defendant Top Line Engineers, Inc. ('ITLE") was the prime contractor to a public works project at the Bayshore CalTrain Staton. TLE subcontracted with ACME to provde scaffolding for the site. In February 2023, ACME began filing stop job notices with the public agency owner claiming TL...
2023.12.07 Motion for Terminating and Monetary Sanctions 742
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2023.12.07
Excerpt: ...r 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 the same authority a...
2023.12.07 Motion for Summary Judgment 967
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2023.12.07
Excerpt: ...ain needed evidence of causation for the following reasons. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal.4th 825, 855.) First, Defendant does not show Decedent's deposition testimony is inadmissible in this case. (See Aguilar, supra, 25 Cal.4th at p. 851 [discussing role of trial burden of proof on summary judgment); Berroteran v. Super. Ct. (2022) 12 Cal.5th 867, 895 [discussing trial burden of proof regarding admissibility of deposition testimo...
2023.12.06 Motion to Lift Discovery Stay and Conduct Specified Discovery 206
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.12.06
Excerpt: ... (2006) 136 Cal.App.4th 604, 617 [denying discovery requestl.) Defendant fails to establish good cause for the discovery request. Perry denies the sexual assault charges and therefore, can establish falsity to support the defamation claims without information from Rogers. Perry is also privy to a text where Rogers allegedly stated that she "hates" Perry. (Moving points and authorities ("MP&A"), 2:11-12; Rogers Decl., Ex. A (10/26/23).) Conducting...
2023.12.06 Motion for Attorney Fees 266
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.12.06
Excerpt: ...717 prevailing party is denied. In this construction defect action, plaintiff won a motion to compel arbitration in San Francisco of its dispute with Winco Window Co. Winco's simultaneous moton to compel arbitration in Missouri was declared moot. Plaintiff now seeks attorney fees for the two motions. The opinion plaintiffs memorandum primarily relies on - Otay River Constructors v. San Diego Expressway (2008) 158 Cal.App.4th 796 - is inapposite. ...
2023.12.04 Motion for Change of Venue 006
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.12.04
Excerpt: ...ees and costs is denied. (CCP 396b(b).) CCP 395(b) applies to "an achon arising from an offer or provision of goods, services, loans or extensions of credit intended primarily for personal, family or household use " The case shall be venued in "the superior court in the county where the buyer or lessee in fact signed the contract, where the buyer or lessee resided at the time the contract was entered into, or where the buyer or lessee resides at ...
2023.12.01 Demurrer 604
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.12.01
Excerpt: ...actor Mountain Bay and developer WVN cross-complained against subcontractors including FSAC which installed fire alarm systems at the property. (Mot. 6:8-9; Terani Decl. Para. 3.) FSAC now demurs to the cross-complaint on ground the cross-complaint fails to state facts sufficient to constitute causes of action against for (1) express indemnity; (2) implied indemnity; (3) equitable indemnity; (4) breach of contract; and (5) negligence. The cross-c...
2023.11.30 Motion to Set Aside Default and Leave to Defend, Quash Service of Summons 138
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.30
Excerpt: ...ult is denied. Defendant fails to show that plaintiffs service of the summons and complaint in May of 2023 was defective and the subsequent default is void. (CCP 473(d).) The Ko declaration does not clearly disclose where she resided at the time of the service. Moreover, defendant's other court filings suggest that she resided in Sunnyvale, California at the time of the service. Defendant fails to meet her burden for relief under CCP 473(b) and C...
2023.11.29 Motion to Set Aside Default, for Leave to Defend, Quash Service of Summons 138
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.29
Excerpt: ...ult is denied. Defendant fails to show that plaintiffs service of the summons and complaint in May of 2023 was defective and the subsequent default is void. (CCP 473(d).) The Ko declaration does not clearly disclose where she resided at the time of the service. Moreover, defendant's other court filings suggest that she resided in Sunnyvale, California at the time of the service. Defendant fails to meet her burden for relief under CCP 473(b) and C...
2023.11.28 Motion to Enforce Subpoenas for Medical Records 924
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.28
Excerpt: ...For Order Barring Him From Being Called As A Witness (Tentative Ruling Part 1 of 2) Pro Tem Judge Robert Kane, 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 heard by the Pro Tem Judge. If all parties to the motion sign the ...
2023.11.28 Motion to Compel Further Responses, for Monetary Sanctions 048
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.28
Excerpt: ...rrogatories General And Request For $3750 In Monetary Sanctions Against Blue Note Therapeutics And Its Counsel, Gordon Rees Scully Mansukhani (Tentative Ruling part 1 of 2) Pro Tem Judge Robert Kane, 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 agreei...
2023.11.27 Motion to Reconsider 839
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.27
Excerpt: ...had actual notice of the lawsuit but due to inadvertence/excusable neglect, the papers did not reach the proper person to respond to the complaint. (CCP 473; CCP 1008; Campbell and Fromholz Dec's.) Defendant was diligent and did not apprise the court of this new information because due to a personal emergency, defense counsel could not appear at the hearing on the motion to vacate. In light of this new evidence, the motion to vacate default is gr...
2023.11.22 Motion to Recall and Quash Writ of Execution and Return Property Levied Upon 445
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.22
Excerpt: ...tion To Recall And Quash Writ Of Executon And To Return Property Levied Upon" is granted save that plaintiff can retain $816.15. All other funds must be returned to defendant. Judge Quinn is unavailable to hear this motion. Even if CCP 1008 applies, the court exercises its inherent power to grant the requested relief. (See Le Francois v. Goel (2005) 35 Cal.4th 1094, 1107 [court's inherent power to reconsider orders on its own moton].) The funds t...
2023.11.20 Motion to Compel Binding Arbitration 994
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.20
Excerpt: ...m a retailer in July 2022, executing a contract which included an agreement to arbitrate. Ngo filed a complaint in July 2023 alleging violations of the Song- Beverly Act (breaches of express and implied warranty) and negligent repair. MBUSA now files this moton to compel arbitration and stay proceedings, alleging that it has standing to bring the motion on the grounds of equitable estoppel and its status as a third-party beneficiary of the arbitr...
2023.11.20 Motion for Settlement, for Determination of Good Faith Settlement 836
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.20
Excerpt: ... Of Settlement Defendants City and County of San Francisco and John George Ford's motion for order determining the good faith of settlement is denied without prejudice. Assuming arguendo that CCP 877.6 applies to these circumstances, there is not substantial evidence showing that the settlement is in the "ballpark." When determining whether a settlement was entered into in good faith the court should take into account a rough approximation of pla...
2023.11.17 Motion to Compel Further Responses 628
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.17
Excerpt: ...en 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 sign given...
2023.11.17 Motion to Require Vexatious Litigant to Augment Security 680
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.17
Excerpt: ...additional security in the sum of $20,000 not later than December 8, 2023. The unopposed request for judicial notice is granted. The City seeks an increase in the security from $2,000 ordered in January 2023 to an additional roughly $45,000. This is said to be the result of unexpected costs: the facts that (1) plaintiff has not amended a complaint as expected, presumably necessitating a demurrer, and (2) plaintiffs discovery demands were served i...
2023.11.16 Motion for Protective Order 080
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.16
Excerpt: ..., LIP For A Protectve Order As To Plaintiff'S Order For Examination And Deposition (part 1 of 2) Pro Tem Judge Bruce 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 th...
2023.11.16 Motion for Summary Judgment, Adjudication 782
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.16
Excerpt: ...judication is denied. Defendants failed to maintain its burden of production. (CCP 437c(p)(2).) Plaintiff's evidentiary objections to the exhibits 2-11 and 13-14 attached to the Marquis declaration are sustained. Marquis does not properly authenticate the purported discovery responses and the court cannot take judicial notice of the truth of the content of the "court records" per Evidence Code sec. 452(d). (Kilroy v. State of California (2004) 11...
2023.11.14 Motion to Vacate Dismissal 730
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.14
Excerpt: ...ewart Company' is denied. Plaintiff is a vexatious litgant whose case has now consumed an unprecedented 1,481 entries in this court's register of actions. Her current motion makes three arguments, all unavailing. First, plaintiff argues that this law-and-motion department could not hear the August dismissal motion, because plaintiff had filed other motions in other departments in the past. (Memo. 1:6-11, 18-22.) However, plaintiff cites no author...
2023.11.14 Demurrer 021
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.14
Excerpt: ...ding existing facts are alleged. (See, e.g., FAC 2:21-24, 3:21- 27, 4:21-25, 5:18-19, 6:7-11, 7:2-4, 7:18-24, 9:16-20.) At the pleading stage, plaintiffs need not "show" defendants knew their representations were false (Memo. 6:5-5); that comes later in the case. Likewise, plaintiffs need not now "establish" justifiable reliance, just plead it, as they have. (ld. at 7:17-18; FAC 9:23- 27, 10:24-25.) Defendants' demurrer to the original complaint'...
2023.11.13 Motion to Compel Further Responses, for Monetary Sanctions 781
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.13
Excerpt: ...ONSES TO FORM INTERROGATORIES (SET ONE) TO PLAINTIFF JENNIFER SPALDING AND REQUEST FOR MONETARY SANCTIONS OF $5,825.CO AGAINST JENNIFER SPALDING (PART 3 OF 3 TENTATIVE RULING) In contravention, however, Spalding herself concedes that the Discovery Motions were mail-served, on October 19, 2023. Emerald Fund theorizes that Spalding may have received the Motions on October 19, having been served on October 16. But Spalding submits of the envelope th...
2023.11.13 Motion for Relief from Any Waiver of Objections 955
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.13
Excerpt: ...PRODUCTION (PART 2 OF 3 TENTATIVE RULING) Result of Excusable Neglect. Under the second element of the Code, the movant must also establish that its "failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect." Cal. Civ. Proc. Code 2031.3Cqa). Here, Hua's attorney, Pete Clancy, explains the reason for the error: "In this instance my office apparently served responses not to the request for production at issue...
2023.11.13 Motion for Relief from Any Waiver of Objections 955
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.13
Excerpt: ...PRODUCTION (PART 2 OF 3 TENTATIVE RULING) Result of Excusable Neglect. Under the second element of the Code, the movant must also establish that its "failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect." Cal. Civ. Proc. Code 2031.3Cqa). Here, Hua's attorney, Pete Clancy, explains the reason for the error: "In this instance my office apparently served responses not to the request for production at issue...
2023.11.13 Demurrer 484
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.13
Excerpt: ...liability; and (3) public nuisance. The City has demurred to all causes of action for failure to state facts sufficient to constitute a cause of action (CCP S431.10(e)). Plaintiff's First Cause of Action for General Negligence: The elements of negligence are: (1) defendant owed a duty of care to plaintiff; (2) defendant breached that duty; (3) defendant's breach was a substantial factor in causing the damages; and (4) plaintiff was damaged. (Ladd...
2023.11.09 Motion to Transfer and Consolidate 200
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.09
Excerpt: ...ameda County action (Jonathan Bullinger v. The Finish Line, Inc. (Case 23CV038515)) is transferred to San Francisco and that action is consolidated with this action (CGC-23-605200) for all purposes. All future filings shall be under case number CGC-23-605200. While plaintiff s dismissal of several of his Labor Code claims in this case reduces the overlap, there remains overlap regarding the enforceability of the parties arbitration agreement. Tha...
2023.11.09 Motion to Set Aside Default Judgment 047
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.09
Excerpt: ...ent and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, the court must set aside the resulting default. (CCP 473(b).) Here, defense counsel Lawrence E. Hart has filed a sworn declaration attesting to his mistake and neglect in failingto answer plaintiff Jonathan Harms s complaint. (See Declaration of Lawrence E. Hart, paragraphs 10-11.) The motion was filed within six months of ...
2023.11.09 Motion for Summary Adjudication 461
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.09
Excerpt: ...s to recover statutory damages under Civil Code sec. 52(a). (See Angelucci v. Cent. Supper Club (2007) 41 Cal.4th 160, 175 [explaining Unruh Act standing]; Molski v. M.J. Cable, Inc., 481 F.3d 724, 731 (9th Cir. 2007)[ The litigant need not prove she suffered actual damages to recover the independent statutory damages of $4,000. l; Botosan v. Paul McNally Realty, 216 F.3d 827, 835 (9th Cir. 2000) [ [P]roof of actual damages is not a prerequisite ...
2023.11.08 Motion for Good Faith Settlement 840
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.08
Excerpt: ... 204 owned the building. Thus, 204's $2,500 se©lement is appropriate. (See Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488.) The one of the seven defendants that opposes the good-faith moŸon argues that discovery is not complete (Opp.10:7), but avoidance of crushing discovery costs is a purpose of CCP 877.6. For the 9:30 a.m. Law & MoŸon calendar, all a©orneys and parŸes may appear in Department 302 remotely. Remote ...
2023.11.08 Motion to Strike Complaint 091
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.08
Excerpt: ... near an II-inch drop concealed by planter boxes. (ld. at 3:9-14.) The complaint also pleads a similar incident involving another patron a few days earlier that alerted defendants to the hazard. (ld. at 4:4-16.) With the complaint's other allegations, this suffices to support punitive damages at the pleading stage. Defendants appear to be under the misapprehension that "evidence" must be adduced at this stage. (Rply. 2:5-6.) For the 9:30 a.m. Law...
2023.11.08 Motion for Summary Judgment 341
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.08
Excerpt: ...on a "special errand" for defendant when the accident occurred. (Sumrall v. Modern Alloys, Inc. (2017) 10 Cal.App.5th 961, 969 [triable issue of material fact whether defendant's employee was on a "special errand" when he was driving to the employer's work yard rather than his regular worksite]; CACI 3726.) For the 9:30 a.m. Law & MoŸon calendar, all a©orneys and parŸes may appear in Department 302 remotely. Remote hearings will be conducte...
2023.11.08 Motion to Compel Arbitration 582
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.08
Excerpt: ...stead of seeking arbitration, petitioners on two separate occasions sought to amend their petition to add civil causes of action. The reply for the first motion noted: "The purpose of the amended pleading is to provide Plaintiffs with the opportunity to litigate their claims in this Court, without having to proceed through arbitration." (Lazear Suppl. Decl., par. 2 (5/23/23.) he second moton similarly sought to litigate. (Lazear Decl., par. 3 (6/...
2023.11.07 Motion to Enforce Settlement and Enter Judgment 783
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.07
Excerpt: ...ment Agreement And Enter Judgment Pursuant To C.C.P. 664.6 And Stipulation Of The Parties. Plaintiffs' renewed motion to enforce settlement and enter judgment is denied. Plaintiffs previously sought this relief on November 19, 2009, and the court denied the motion. Plaintiffs' renewed motion does not comply with CCP 1008(b). Plaintiffs do not provide an affidavit setting forth "what application was made before, when and to what judge, what order ...
2023.11.07 Motion for Summary Judgment, Adjudication 242
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.07
Excerpt: ...nish the drugs to decedent (undisputed Material Fact ("UMF") 5); (2) defendant did not have control of the apartment because possession was transferred to tenant Harken (LJMF 6; Civil Code sæ. 1954 [entry of dwelling by landlord]; and (3) defendant did not owe a duty to prevent or warn of the drug use because it did not have actual notice of the drug use in the apartment. (LJMF 7 - 12; Garcia v. Holt (2015) 242 Cal.App.4th 604 ["[8]efore liabili...
2023.11.07 Motion for Summary Judgment, Adjudication 154
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.07
Excerpt: ...pplemental memorandum) violates Cal. Rules of Court ("CRC") 3.1113(d) and this court's order of October 10, 2023, which denied plaintiffs request to file an oversized brief. Second, the opposition does not provide an opposing separate statement in compliance with CCP 437c(b)(3) and CRC 3.1350. "Failure to comply with this requirement of a separate statement may constitute a sufficient ground, in the court's discretion, for granting the motion." (...
2023.11.07 Motion for Protective Order 370
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.07
Excerpt: ...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 party appears by telephone, the stipulation may be si...
2023.11.07 Amended Motion to Strike 696
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.07
Excerpt: ...ugh their companies (East Rex, Yinrex, and Bonds) formed a general partnership (Seaker) to own, develop, operate, lease, and deal with real and personal property in San Francisco (specifically, real property at 135 Post Street). Cross-complainants Seaker, Yinrex, Anson Chan, and Bonds allege that cross-defendant Johnson Chan misappropriated assets, engaged in self-dealing behavior, and wasted corporate assets with the aid of a company attorney, J...
2023.11.07 Amended Motion to Strike 696
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.07
Excerpt: ...ugh their companies (East Rex, Yinrex, and Bonds) formed a general partnership (Seaker) to own, develop, operate, lease, and deal with real and personal property in San Francisco (specifically, real property at 135 Post Street). Cross-complainants Seaker, Yinrex, Anson Chan, and Bonds allege that cross-defendant Johnson Chan misappropriated assets, engaged in self-dealing behavior, and wasted corporate assets with the aid of a company attorney, J...
2023.11.06 Motion to Compel Further Answers at Deposition 157
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.06
Excerpt: ... 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 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 signed via fax or consent to sign given by email. If not all parties...
2023.11.03 Motion to Compel Further Responses 257
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.03
Excerpt: ... 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 the same authority as a ...
2023.11.02 Motion for Mandatory Relief 257
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.02
Excerpt: ...r mandatory relief under CCP 473(b) is denied as follows. Elias argues his attorneys committed excusable neglect by failing to oppose defendant Lyft, Inc. 's motion to dismiss for forum non conveniens. The mandatory relief provision of CCP 473(b) directs the court to relieve a party from entry of judgment caused by their attorney's mistake, inadvertence, surprise, or excusable neglect. An application for mandatory relief, however, must be brought...
2023.11.02 Motion to Vacate Order Compelling Arbitration and for Further Relief 460
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.02
Excerpt: ...on is a "consumer" arbitration and the protections of CCP 1281.97 et seq. apply. CCP 1280(c) defines a "consumer" as "an individual who seeks, uses, or acquires, by purchase or lease, any goods or services for personal, family, or household purposes." The JAMS initiating form similar defines consumer arbitrations as applying to "individuals." (Buchanan Decl., par. 7). Here, plaintiff Kwan signed the legal services agreement with defendant Thoits ...
2023.11.01 Motion to Strike Complaint 973
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.01
Excerpt: ... denied. Defendants' request for judicial notice is granted. "Litigation of an anti- SLAPP motion involves a two-step process. First, the moving defendant bears the burden of establishing that the challenged allegations or claims arise from protected activity in which the defendant has engaged. Second, for each claim that does arise from protected activity, the plaintiff must show the claim has at least minimal merit." (Bonni v. St. Joseph Health...
2023.11.01 Motion to Compel Psychological IME 463
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.01
Excerpt: ...l 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 party appea...
2023.10.30 Motion for Declaratory Relief 085
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.10.30
Excerpt: ...der Staying Proceedings Defendant BB/CCs motion for declaratory relief and clarification of January 25, 2023 order staying proceedings" is denied. A focus of this construction litigation is whether Uponor, Inc. PEX plumbing pipes in an apartment building are defective. That is among issues being resolved in an arbitration between some of the same parties. Thus, the court granted a defense motion to stay this court case pending completion of the a...
2023.10.27 Motion for Summary Judgment 663
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.10.27
Excerpt: ... Alireza Alavi's motion for summary judgment is denied. On a summary judgment motion, the court strictly construes the moving party's evidence and liberally construes the opposing evidence. (See Stratton v. First National Life Insurance Co. (1989) 210 Cal.App.3d 1071, 1083.) In opposition, plaintiff presents expert evidence that Alavi caused plaintiff's injuries. (Response to UMFs 27; Declarations of Deborah Gold, M.D. and Lance Downing, M.D.) "A...
2023.10.24 Motion to Set Aside Default, Judgment 244
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.10.24
Excerpt: ...e entered in 2005-some 18 years ago. Defendant cannot obtain relief under CCP 473(b) or CCP 473.5 because the motion is untimely. (CCP 473(b) [the motion "shall be made within a reasonable time, in no case exceeding six months, after the judgment"]; CCP 473.5(a) ["The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or...
2023.10.24 Motion to Quash Service of Summons, to Dismiss Complaint 460
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.10.24
Excerpt: .... Specially Appearing Defendant The SM Companies, LLC Ea The Save Mart Companies, Inc.'s second moŸon to quash service of summons and moŸon to dismiss complaint with prejudice, which is unopposed, is GRANTED IN PART AND DENIED IN PART. The moŸon to quash service is GRANTED. The moŸon to dismiss with prejudice is DENIED. The la©er moŸon is made under California Rules of Court, rule 3.110. Under that rule, a failure to Ÿmely serve a ...
2023.10.20 Motion to Set Aside Default 383
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.10.20
Excerpt: ...by reasons of the defendant's mistake, inadvertence, surprise, or excusable neglect. CCP 473(b). Courts liberally construe CCP 473 to dispose of the case on the merits where possible. Zamora v. Clayborn Contracting Group, Inc. (2002) 28 Cal.4th 249, 256. A mistake of law, however, only justifies relief if it is excusable. Fidelity Federal Savings and Loan Ass'n of Glendale v. Long (1959) 175 Cal.App.2d 149, 154. The determining factor is the reas...
2023.10.20 Demurrer 139
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.10.20
Excerpt: ...d WAYMO LLC (collectively, "Waymo"). Plaintiff has leave to plead facts (e.g. Waymo controlled the means and manner of plaintiffs work) that show a employment or joint employment relationship. (Vernon v. State of Cal. (2004) 116 Cal.App.4th 114, 126- 127 [sustaining demurrer where there were insufficient allegations regarding a joint employment relationship].) It is not enough to note, as plaintiff does, that joint employment may be a viable theo...
2023.10.19 Motion to Amend Complaint 731
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.10.19
Excerpt: ...rts are to liberally permit such amendments, at any stage of the proceeding, has been established policy in this state since 1901." (Hirsa v. Sup. Ct. (1981) 118 Cal.App.3d 486, 488-89; see also CCP 428.50(c).) A proposed amended complaint's validity is not considered when deciding leave to amend. (See Ki©redge Sports Co. v. Sup. Ct. (1989) 213 Cal.App.3d 1045, 1048.) OpposiŸon papers refer to a "stay," but not to any ordered by the court. Fo...
2023.10.18 Motion to Appoint Receiver, for Preliminary Injunction in Aid of Receiver 845
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.10.18
Excerpt: ...ssuing preliminary injunction in aid of receiver" in this dispute over a restaurant is denied for several reasons. First, as plaintiff concedes, receivership is an "extraordinary remedy ' (Memo. 9:7); it is "drastic" and "exercised sparingly" and unwarranted here. (In re Jamison Steel Corp. (1958) 158 Cal.App.2d 27, 35; Morand v. Sup. Ct. (1974) 38 Cal.App.3d 347, 350.) Second, plaintiff fails to carry her burden to show that the property 'is in ...
2023.10.18 Motion for Summary Judgment 663
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.10.18
Excerpt: ...ational Life Insurance Co. (1989) 210 Cal.App.3d 1071, 1083.) Defendant maintained its initial burden of on the issues of breach and causation. (See CCP 437c(p)(2).) The declaration of Lakeisha N. Falwell, RN, NP, AOCNP, shows that defendant's employees and/or claimed agents complied with the standard of care and their conduct was not a substantial factor in causing injury to plaintiff. (Defendant's Evidence, Ex. 3; see also Ex. 2 [Johnson-Wicks ...

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