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2842 Results

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2024.03.26 Motion for Preference in Trial Setting, Extending Discovery Cutoff 180
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2024.03.26
Excerpt: ... filed. 1. The trial date is July 15, 2024 at 11:15 a.m. in Department 206. a. Last day pursuant to C.C.P. section 36(f) is July 23, 2024. b. The parties shall follow the California Rules of Court, San Francisco Local Rules, and Local Rule 20. 2. The last day for hearing summary judgment/adjudication motions is July 9, 2024. a. Summary judgment/adjudication motions shall be brought on regular notice pursuant to the relevant provisions of the C.C...
2024.03.26 Motion for Preference in Trial Setting 164
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2024.03.26
Excerpt: ... of the recipients served but rather refers the Court to "SEE TRANSACTION RECEIPT ON FILE & SERVEXPRESS WEBSITE." Even if a proper POS was on file, the motion would be denied on the merits . Plaintiff failed to provide clear and convincing medical documentation demonstrating that Plaintiff suffers from an illness or condition raising substantial medical doubt of survival beyond six months. (C.C.P. Section 36(d).) Counsel refers to the De...
2024.03.22 Request for Monetary Sanctions 932
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.22
Excerpt: ... 1 of 2) 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 s tipulation 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...
2024.03.22 Petition to Enforce Intestigative Subpoena 484
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.22
Excerpt: ...tember 28, 2023, a laborer was killed in a trench collapse. The construction company does not deny that agents of the construction company, Filiberto Poblano, John D'Arcy and John W. Tobin, wer e supervising site safety, managing the work and/or present on the day of the trench collapse. Pursuant to its authority under the Government and Labor Codes, the petitioner pursues an investigation to determine whether there were any violations of law...
2024.03.22 Motion to Strike or Exclude Late Disclosed Non-Retained Expert Testimony 130
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.22
Excerpt: ...te 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 th at 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 Jud...
2024.03.22 Motion to Deem RFAs Admitted, for Monetary Sanctions 139
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.22
Excerpt: ... And To Deem Documents Genuine Under C.C.P. 2033. 280(B) And For Monetary Sanctions Against Defendant Ricardo Dias Under C.C.P. 2023.030(A) And 2033.280(C) (tentative ruling part 1 of 2) 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 stip...
2024.03.22 Motion to Compel Responses, for Sanctions 006
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.22
Excerpt: ...meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the mo tion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a pa...
2024.03.22 Motion for Protective Order, for Sanctions 965
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.22
Excerpt: ...ive Order Re: Deposition Of Plai ntiff Melanie Garcia; And Request For Sanctions (tentative ruling part 1 of 3) 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 th is 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...
2024.03.21 Motion for Summary Judgment 858
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.21
Excerpt: ...edical malpractice defendant files an expert declaration that its conduct met the standard of care, it is entitled to summary judgment unless plaintiff addu ces conflicting expert evidence. (Munro v. Regents of University of California (1989) 215 Cal.App.3d 977, 985.) Pro per plaintiff's opposition papers are largely incomprehensible, but could be read to seek a continuance to enable her to adduce an expert de claration. (See CCP 437c(h).) ...
2024.03.21 Demurrer 513
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.21
Excerpt: ... at a vacation rental home booked through Airbnb. The 22- months'-pregnant wife slipped and fell on steep stairs in dangerous condition. Born prematurely as a result, plaintiff baby suffered l oss of all toes on her right foot and other injuries. (FAC 1:27- 2:18.) Airbnb advises its property owners to "ensure stairs are safe and have railings" and inspects for safety before listing a property on its website. (Id. at 3:10 -14.) The FAC...
2024.03.20 Demurrer 107
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.20
Excerpt: ...omplete tentative ruling has been emailed to the parties.) Per CCP 452, plaintiff's alter ego allegations are sufficient. The court rejects defendant's misjoinder argument and overrules the demurrers to the conversion and br each of contract causes of action. The demurrer to the breach of the covenant of good faith and fair dealing cause of action is sustained with 20 days leave to amend. The demurrer to the "Unjust Enrichment/Restitu...
2024.03.20 Demurrer 798
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.20
Excerpt: ...:2.) By the CLRA's plain language - which must be "liberally construed" - education is a service and plaintiff was a consumer of said service offered by defendant. (Civ. Code 1760 -61.) De fendant cites no contrary court case. The SAC adequately pleads an Unruh Act claim on theories that defendant discriminated against him as white, male and from a conservative Christian background. (Id. at 14:6 -15:8.) Christian beliefs are readily i...
2024.03.20 Motion for Attorney Fees 218
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.20
Excerpt: ...ceivables. That contract provided for assignment to plaintiff of security interests in the receivables and had a prevailing -party attorney fee provision. (Civ. Code 1717.) In turn, Galca had an oral contract for temporary staffing services with TPI (SAC at 4:27 -5:3), generating receivables assigned to plaintiff. Galca was suspended as an LLC in 2017. (Memo. 3:24 - 4:3.) Plaintiff sued, alleging TPI did not pay receivables as required, but TPI p...
2024.03.19 Motion to Dismiss Based on Forum Non Conveniens or to Stay 992
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.19
Excerpt: ... interests of comity and judicial economy. (CCP 128(a)(8).) A putative class action that raises claims similar to this action is presently pending in Delaware. (Cornet, et al. v. Twitter, Inc., Case No. 1:23 -cv -00441 -JLH (D. Del.).) "It is black letter law that, when a federal action has been filed covering the same subject matter as is involved in a California action, the California court has the discretion but not the obligation to stay...
2024.03.19 Motion to Compel Deposition, for Monetary Sanctions 034
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.19
Excerpt: ...and parties are required to appear re motely. Hearings will be conducted by videoconference using Zoom. To appear at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link (DISCOVERY, DEPARTMENT 302 DAILY AT 9:00 A.M.), or dial the corresponding number and use the meeting ID, and password for Department 302. Any party who contest...
2024.03.19 Motion for Trial Preference 173
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2024.03.19
Excerpt: ...at 11:15 a.m. in Department 206. a. Last day pursuant to C.C.P. section 36(f) is July 16, 2024. b. The parties shall follow the California Rules of Court, San Francisco Local R ules, and Local Rule 20. 2. The last day for hearing summary judgment/adjudication motions is July 2, 2024. a. Summary judgment/adjudication motions shall be brought on regular notice pursuant to the relevant provisions of the C.C.P., unless the parties stipulate otherwise...
2024.03.19 Demurrer, Motion to Strike 567
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.19
Excerpt: ... tentative ruling has been emailed to the parties.) For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be c onducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding pho...
2024.03.19 Demurrer 376
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.19
Excerpt: ...tly and separately specify its grounds by paragraph. (CCP 430.60; CRC 3:1320; Edmon & Karnow, California Practice Guide: Civil Procedur e Before Trial (TRG 2016) 7:99-110.) Even had a demurrer been filed, defendant is noncompliant with CCP 430.41. Defendant's 430.41 declaration states: "This form must be filed with the demurrer," but the form declaration was filed five days after the "demu rrer" papers. Further, the declar...
2024.03.15 Petition for Writ of Traditional or Administrative Mandamus for Stay and Reversal of Board's Decision 439
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.15
Excerpt: ...r. There are numerous procedur al problems with this petition: (1) petitioner failed to lodge a copy of the administrative record. (Buckhart v. San Francisco Residential Rent Stabilization and Arbitration Board (1988) 197 Cal.App.3d 1032, 1036 ["Without such a complete record the superi or court cannot comply with Code of Civil Procedure section 1094.5."]; Ochletree v. Gourley (2002) 102 Cal.App.4th 1013, 1017.); (2) petitioner did not pr...
2024.03.15 Motion for Leave to File Amended Complaint 214
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.15
Excerpt: ...ring amendment is so strong that it is a rare case in which denial of leave to amend can be justified." (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) Here, plaintiff's amendments do not change the tenor of the case, but merely plead additional instances of the same alleged wrongdoing and related causes of action. The Doe defendant that plaintiff seeks to add presumably has been aware of the allegations since the comp...
2024.03.14 Motion for Reconsideration 916
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.14
Excerpt: ... Court'S Order Granting Defendants Udr , Inc., Channel Mission Bay, Lisa Quigley And Ethel Pacis'S Motion To Deem The Truth Of Matters Specified In Requests For Admission, Set One, Prop 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 si...
2024.03.12 Motion to Compel Further Responses, for Monetary Sanctions 378
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.12
Excerpt: ...ts For Production Of Documents (S et One) Against Defendant Clifton W. Chester And Request For Monetary Sanctions (part 1 of 2) Pro Tem Judge Matthew Kahn, 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 ass igned 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 ...
2024.03.11 Demurrer 436
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.11
Excerpt: ...tember 2019, during which time WAB allegedly committed various Labor Code violations. Marquez sent notice of these violations to the Labor and Workforce Development Agency ("LWDA") in September 2023 and sued in November 2023 to recover civil penalties under the and Private Attorney General Act ("PAGA"). The statute of limitations for PAGA claims is one year. (CCP 340(a); Brown v. Ralph Grocery Co. (2018) 28 Cal.App.5th 824, 839.) ...
2024.03.08 Motion to Strike, Demurrer 925
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.08
Excerpt: ... states: "Notwithstanding any other provision of law, a public entity is not liable for damages awarded under Section 3294 of the Civil Code or other damages imposed primarily for the sake of example and by way of punishing the defendant." (Gov. Code 818.) Plaintiff's opposition to the motion to str ike provides no legal authority for any exception to this rule. Because CCSF is immune from punitive damages, plaintiff cannot amend the ...
2024.03.08 Motion to Amend FAC 355
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.08
Excerpt: ...#39;s Motion To Amend First Amended Complaint With Proposed Second Amended Complaint. Plaintiff's motion to file a second am ended complaint is granted. The motion is timely given the recent discovery disclosures and there is a liberal policy in favor of amendment. (Hirsa v. Superior Court (1981) 118 Cal.App.3d 486, 488 -489 ["That trial courts are to liberally permit such amendm ents, at any stage of the proceeding, has been established...
2024.03.07 Motion to Quash Service of Summons or Stay or Dismiss 624
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.07
Excerpt: ...iscovery showed defendants' website sold 39 allegedly lead -containing mugs into California. (2/22/24 Brf. 4:27, 5:16, 6:6 -7.) Plaintiff says Thurston v. Fairchild Collectibles of Georgia, LLC (2020) 53 Cal.App.5th 1231 " appears to be the most directly on -point decision involving internet sales." (Id. at 7:14.) Like other cases, Thurston holds that "sales must be substantial" to confer jurisdiction, and in Thurston they wer...
2024.03.04 Motion to Compel Further Responses 080
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.04
Excerpt: ...ts, Set One And Request For Sanctions (part 1 of 2) Pro Tem Judge Ken Korea, 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 agre eing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will ...
2024.03.01 Motion for Leave to File FACC 358
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.01
Excerpt: ...OCIATES, INC.'s ("Forde") Mo tion for Leave to File First Amended Cross -Complaint is denied. First, the Petak declaration does not comply with CRC 3.1324(b). Forde does not sufficiently explain why the amendment is necessary and proper and precisely what recently occurred that warrant s amendment at this stage of the litigation (trial date - August 26, 2024). Second, Forde mischaracterizes its proposed First Amended Cross -Complaint ...
2024.02.29 Motion to Deem RFAs Admitted, to Compel Responses, Demand Inspection 445
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.29
Excerpt: ...ifornia State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior...
2024.02.29 Demurrer, Motion to Strike 694
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.29
Excerpt: ...reservation of rights and paid a $800,000 settlement. CSE then sued Kwok for reimbursement of defense costs and the $800,000 indemnity. Kwok cross -claimed for breach of contract, b reach of covenant of good faith and fair dealing and financial elder abuse. CSE's primary argument on demurrer is that the CC focuses on "the filing of this lawsuit" as CSE's misconduct, though such reimbursement suits are allowed by Blue Ridge Ins. ...
2024.02.28 Motion to Deem RFAs Admitted, for Monetary Sanctions 647
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.28
Excerpt: ...itted Truth Of Facts And Genuineness Of Documents (Tentative ruling part 1 of 3) Pro Tem Judge J. Timothy Nardell, 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 sti pulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion s...
2024.02.28 Motion to Compel Depositions, for Sanctions 141
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.28
Excerpt: ...thy Nardell, 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 ...
2024.02.28 Motion for Judgment on the Pleadings 875
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.28
Excerpt: ...hdrew from this case on June 20, 2023, after Mr. Ulleseit died. As his former counsel noted in his declaration in support of the motion to withdraw, decedent's estate has been given ample time to retain counsel and prosecute this case but it has not chosen to do so. Given the death and lack of any party to puruse this action, the court grants judgment on the pleadings without leave to amend in favor of defendant. (Est. of Edwards (1978) 82 Ca...
2024.02.27 Motion for Summary Judgment, Adjudication 075
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2024.02.27
Excerpt: ...th respect to Defendant's motion for summary judgment, Defendant relies on the three deposition transcripts (enclosed as Exhibits B, C, and D to the Hoover Declaration) to show there are no triable issues of material fact reg arding the asbestos contents of its Dex -O -Tex product line. The Court sustains Plaintiffs' objections to the exhibits as hearsay. As such, Defendant presents no evidence on this matter. Defendant fails to meet its ...
2024.02.22 Demurrer 687
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.22
Excerpt: ...g final resolution of Case No. CGC -20 -587028. (OTO, LLC v. Kho (2019) 8 Cal.5th 111, 141 [court's inherent power to stay proceedings].) Defendants say plaintiff's two employment cases - 587028 and 6 08687 - are "virtually identical." (Memo. 3:25.) Not so: inter alia, the 608687 complaint has seven pages of allegations post- dating 587028's filing. (Id. at 3:8 -10:19.) However, the 608687 complaint does acknowledge that the...
2024.02.21 Motion for Summary Judgment, Adjudication 136
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2024.02.21
Excerpt: ...ts initial burden of showing Plaintiffs do not possess, and cannot reasonably obtain, needed evidence of asbestos exposure and causation. (See Aguilar v. Atl. Richfield Co. (2001) 25 Cal.4th 826, 855.) Defendant enclosed excerpts of Volume 5 of the Deposition of Plaintiff Joseph Fare, taken on November 27, 2023, in its moving evidence. (See Hollingsworth Decl. at 2:16 -17 [par. 6].) Defendant also enclosed Plaintiffs' Answers to Standard Int...
2024.02.21 Motion for Change of Venue 173
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.21
Excerpt: ... shall be sued only in the county of its principal office, which shall be Sacramento, unless otherwise designated by the council." Petitioner cites Business and Professions C ode 4610(i), which says a council decision may be challenged by an action "in a court of competent jurisdiction." However, "the cardinal rule of statutory construction" is that statutes "must be construed together, and harmonized," when at all pos...
2024.02.20 Motion for Leave to File SAC 897
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.20
Excerpt: ...nied. First, the motion is pr ocedurally infirm. Plaintiff's moving papers do not contain a declaration in compliance with 3.1324(b). Second, the main relief that plaintiff seeks is to add a new wrongful termination claim that accrued years after he filed this action. The weight of aut hority states that it is improper to add a new claim in a supplemental complaint. (See Flood v. Simpson (1975) 45 Cal.App.3d 644, 647 [affirming denial of le...
2024.02.20 Motion to Compel Further Responses 068
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.20
Excerpt: ..., 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 mot ion 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 a...
2024.02.15 Motion for Summary Judgment 136
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2024.02.15
Excerpt: ...ded evidence of asbestos exposure and causation. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal.4th 826, 855.) 1. With respect to Plaintiffs' special discov ery responses as factually devoid, Defendant meets its initial burden. a. The Court did not consider the following responses from Plaintiffs to Defendant's separate statement of undisputed material facts ("UMFs"). (i) Plaintiffs' response to UMF No. 3 (dis puting the charac...
2024.02.15 Motion for Judgment on the Pleadings 611
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.15
Excerpt: ...korian Family Trust dated August 29, 2002, San Mateo County Superior Court Case No. 22 -PR -01155 (the "Probate Case"). In this attorney malpractice case, plaintiff alleges that defendant helped amend the family trust in such a manner that plaintiff's mother's testamentary intent was undermined. (Complaint, pars. 15, 17.) Defendant's motion for judgment on the pleadings argues that defendant did not act negligently and the Thi...
2024.02.14 Motion to Set Aside Default, Judgment 737
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.14
Excerpt: ...ault judgment is denied. After the court str uck defendant's answer and it failed to obtain counsel and file a proper response to the complaint, there was nothing preventing plaintiff from requesting and the clerk entering a default. Plaintiff had the right to dismiss its cross -complaint and defendan t's answer did not plead a viable claim. As this court previously ruled, affirmative relief may not be sought in the answer. (Aetna Casualt...
2024.02.14 Demurrer, Motion to Strike 812
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.14
Excerpt: ...ed. The FAC adequately pleads negligence and wrongful death against Kaiser Foundation Health Plan, Inc. (Id. at 19:28 -21:2, 26:21 -27:2.) The demurrer is based on the notion that the FAC "p leads a claim under Civil Code 3428," but it does not. (Memo. 4:9: Opp. 4:24 -25.) Moreover, defendants and others may be jointly and severally liable, and agency theories are pled. (PacifiCare of California v. Bright Medical Associates, Inc. (2011) ...
2024.02.13 Motion for Summary Adjudication 870
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.13
Excerpt: ...era's motion to summarily adjudicate his Private Attorneys General Act ("PAGA") cause of action is denied. Under CCP 437c(f)(1), "[a] motion for summary adjudication shall be granted only if it completely disposes of a cause of action." (See also Paramount Petroleum Corp. v. Superior Court (2014) 227 Cal.App.4th 226, 242 ["A determination of liability alone does not completely dispose of the cause of action"].) Here, Viera fails to present eviden...
2024.02.08 Motion to Dismiss 731
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.08
Excerpt: ...t of the March 11, 2024, trial date. Defendants were aware that plainti¯ consulted with counsel regarding the o¯er on May 5, 2022, but did not diligently pursue the issue. (Aburish Decl. par. 2, Ex. A [Aburish email 5/5/2022 at 5:11 p.m.].) Rather, defendants actively litigated the case. (See Trident Labs, Inc. v. Merrill Lynch Commercial Finance Corp. (2011) 200 Cal.App.4th 147 [unreasonable to enforce forum selection clause after 19 months ...
2024.02.08 Demurrer 056
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.08
Excerpt: ...ciÞc facts showing how the injury occurred, but there are limits to the generality with which a plainti¯ is permitted to state his cause of action" (Berkley v. Downs (2007) 152 Cal.App.4th 518, 527 [internal quote marks omitted].) This FAC exceeds those limits. Plainti¯s' own statement of their case makes the Berkley point. The Giants are said to have "operated the bubble soccer game in a negligent manner." How? The Giants are said to have ...
2024.02.08 Application for Good Faith Settlement Determination 360
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.08
Excerpt: ...s application for good faith settlement determination" is denied. Frost was a minor player in this construction defect dispute. He was paid $13,600 for preparing a "settlement su¯iciency analysis." (Oliveira Dec. 3:17-18.) He settled with plainti¯ for $50,000 in a negotiation supervised by a respected mediator. (Id. at 3:20-22.) The settlement's good faith is further supported by declarations from plainti¯'s and Frost's counsel. As is typic...
2024.02.07 Motion to Compel Further Discovery Responses, for Monetary Sanctions 932
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.07
Excerpt: ...Awarding Monetary Sanctions Pro Tem Judge Tom Cohen, 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 ...
2024.02.07 Motion for Protective Order, for Monetary Sanctions 048
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.07
Excerpt: ...or $7000.00 In Monetary Sanctions Against Defendant Blue Note Therapeutics Inc Defendant Geo¯ Eich And Their Counsel Gordon Rees Scully Mansukhani Llp Pro Tem Judge Tom Cohen, 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...
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...

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