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2023.10.18 Demurrer, Motion to Strike 537
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.10.18
Excerpt: ...entire tentative ruling has been emailed to counsel. For the 9:30 a.m. Law & Motion calendar, all attorneys and parties 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 "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party...
2023.10.16 Motion to Quash Improper Service of Summons and Complaint 006
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.10.16
Excerpt: ...prtnf to demonstrate proper service. (Floveyor Internat., Ltd v. Superior Court (1997) 59 Cal.App.4th 789, 793.) Where defendants have actual notice of the action (as in this case), the service statutes are liberally construed. (American Express Centurion Bank v. Zara (2011) 199 Cal.App.4th 383, 392.) Plaintiff demonstrates substantial compliance with the substitute service statute. Plaintiffs evidence shows that the summons and complaint were le...
2023.10.13 Motion for Summary Judgment, Adjudication 912
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.10.13
Excerpt: ...Plaintiff?S Causes Of Acton Nos. 1-11. Defendant CCSF and Mabry's moton for summary judgment is denied. Defendants' alternative motion for summary judgment is granted and denied as follows: The moton for summary adjudication is granted as to causes of action (1) for breach of duty of common carrier under Civil Code Section 211N, (2) breach of duty to provide and maintain safe equipment under Civil Code Section 2101, (3) breach of duty of common c...
2023.10.12 Motion to Quash Service of Summons or Stay or Dismiss 554
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.10.12
Excerpt: ... that plaintiff Creditors Adjustment Bureau, Inc. failed to properly serve SHA. Whether SHA generally appeared, thereby curing defective service, is a closer call. A general appearance requires participation in a manner which recognizes the court's jurisdiction. (Mansour v. Superior Court (1995) 38 Cal.App.4th 1750, 1756.) A defendant does not generally appear by participating in a status conference or similar proceeding to inform the court of ju...
2023.10.12 Motion for Reconsideration 808
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.10.12
Excerpt: ...ees And Costs Plaintiffs "motion for reconsideration pursuant to CCP sections 1008 and 473(b)" is denied. The moton is yet another attempt by plaintiff to avoid the arbitration he contractually agreed to - an arbitration this court ordered more than a year ago. Plaintiff is a sophisticated businessman who declares he has "spent more than $800,000 of my own money" on a marijuana dispensary. (7/26/23 Order 2:10-11.) A reconsideration motion must be...
2023.10.12 Demurrer, Motion to Strike 138
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.10.12
Excerpt: ...t is a mere holding company and cannot be liable for the alleged torts. But the FAC alleges that PG&E Corporation was involved in the alleged wrongdoing and is liable. The court accepts those allegations as true on demurrer. PG&E Corporation's citation to PG&E Corp. v. Public Utilities Com. (2004) 118 Cal. App. 4th 1174, 1188, is not persuasive. At most, that decision shows that approximately twenty years ago it was a holding company. Factual iss...
2023.10.12 Demurrer 010
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.10.12
Excerpt: ... and with as much detail as the facts which constitute the cause of action and are alleged in the complaint." (FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 384; see also Edmon & Karnow, California Practice Guide: Civil Procedure Before Trial (TRG 2016) 6:459.) Plaintiff says affirmative defenses 2-5, 8-9, 11-12, 14-15 and 23-28 do not meet this standard. (Memo. 4:7-10.) The court agrees and sustains this demurrer with leave to am...
2023.10.11 Motion to Quash Deposition Subpoena for Production of Business Records 924
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.10.11
Excerpt: ...quirements 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 appears by te...
2023.10.10 Motion for Summary Judgment, Adjudication 988
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2023.10.10
Excerpt: ...or, in the Alternative, Summary Adjudication is DENIED. Defendant fails to sustain its initial burden of showing its moving evidence conclusively negates the essential element of causation in the survival and wrongful death causes of action. (Brantley v. Pisaro (1996) 42 Cal.App.4th 1591, 1598; Aguilar v. Atl. Richfield Co. (2W1) 25 Cal.4th 826, 855.) With regard to asbestos as the cause of death, Defendant's moving evidence ordinarily would be s...
2023.10.09 Motion for Determination of Good Faith Settlement 569
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.10.09
Excerpt: ...s previous application was denied without prejudice, because the information provided was too sketchy. While still no model of clarity, the renewed application provides enough to allow a "rough approximation of plaintiffs total recovery and the settlor's proportionate liability." (Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, 499.) Scott & Warner Builders, Inc. (SWB) was general contractor on a home reconstruction project t...
2023.10.06 Motion to Continue Summary of Judgment 154
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.10.06
Excerpt: ...ary judgment motion was filed Augist 10, 2023. This type of motion has the longest notice period in California procedure: at least 75 days' notice, which is designed to allow the other side (Dadashian in this case) plenty of time to prepare an opposition. To obtain a continuance, Dadashian should have prepared an affidavit (or declaration under penalty of perjury, in accordance with CCP 2015.5) that shows " (1) the facts to be obtained are essent...
2023.10.06 Motion for Summary Judgment 986
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2023.10.06
Excerpt: ...tion. Plaintiffs' objection to Paragraph 8 of the Haran Declaration on lack of foundation/personal knowledge and hearsay grounds is OVERRULED. The Court considered Exhibits A through B of the Rose Declaration. Defendant's objections to Exhibit A on prejudice, lack of foundation, and improper lay opinion grounds and to Exhibit B on prejudice, lack of foundation, improper lay opinion, and improper expert designation grounds are OVERRULED. Defendant...
2023.10.04 Motion to Transfer Action, to Strike 111
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.10.04
Excerpt: ...In San Bernardino County The moŸon of defendants Bank of America, N.A., Bank of America CorporaŸon and Nancy Becerra to transfer this acŸon to San Bernardino County Superior Court is denied. The case was Þled here in San Francisco in May 2021. It alleges that scammers used accounts at BofA and Wells Fargo in a scheme to defraud an elderly man. The BofA defendants were served in June 2021 and Þled a losing demurrer and moŸon to strike in...
2023.10.03 Motion for Summary Judgment 848
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.10.03
Excerpt: ...asserted in this subsequent summary judgment motion. (Code Civ. Proc., sec. 437c, subd. (f)(2); Patterson v. Sacramento City Unified School Dist. (2007) 155 Cal.App.4th 821, 827.) Defendant "did not have and had not seen [Decedent's 2018 workers' compensation deposition] at the time of the August 18, 2022 hearing on its initial summary judgment motion." (Bruni Decl., par. 16 [4:15- 17].) Plaintiffs' objection to the motion is OVERRULED. The Court...
2023.10.02 Motion to Set Aside Default, Judgment, Leave to Defend 693
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.10.02
Excerpt: ...iff Waltson and Associates, Inc„ shall remove any encumbrances it recorded on defendants' property. CCP 473(d) enables the court to set aside void judgments. A judgment is facially void if service was improper, such that the court never acquired jurisdiction over defendants. Walston's purported service under CCP 415.40 is facially defective. Walston has not shown Ashar and Petroziello were out-of-state residents, as required by CCP 415.40. The ...
2023.09.29 Motion to Compel Binding Arbitration 192
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.09.29
Excerpt: ...f the car to plaintiff and the agreement plaintiff signed with the dealer, but not with HMA. As to the warranty: (1) There is no evidence plaintiff agreed to the arbitration provisions associated with the warranty. Indeed, there is no evidence plaintiff was made aware of the arbitration agreement in connection with the warranty. (2) Plaintiffs claims do not invoke the terms of the warranty document. All claims in the complaint invoke the Song-Bev...
2023.09.29 Demurrer, Motion to Strike 804
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.09.29
Excerpt: ...er his birth, with parental consent. (Apparently the SAC alleges the consent was procured by fraud, although it isn't clear what the fraud was.) The statute of limitations has run on all the causes of action in the SAC. The events took place around the time of plaintiffs birth in 1977, and he was aware of the situation and asserts he had suffered injury at least by the time he was an adolescent, as the SAC alleges. SAC paragraphs 104, 110. The lo...
2023.09.29 Demurrer 664
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.09.29
Excerpt: ...make out a claims for harassment. That individuals helped create a new job analysis does not alone suggest harassment, for two reasons. First, it is not clear what offensive message ("discriminatory intimidation, ridicule, and insult,' as phrased in Kelly-Zurian v. Wohl Shoe Co., 22 Cal.App.4th 397, 409, quoting Harris v. Forklift Systems, lnc„ 510 U.S. 17, 21 (1993)) was to be communicated to the plaintiff by this act. Second, it is not clear ...
2023.09.28 Demurrers, Motion to Strike 034
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.09.28
Excerpt: ...ene was its employee or "acting for" it, but the pled facts must be accepted as true. (FAC 2:15-3:4; Del E. Webb Corp. v. Structural Materials Corp. (1981) 123 Cal.App.3d 593, 604.) Third, DH says Schoene's conduct was "not within the scope of employment," but it occurred at DH and was work-related. (FAC 4:25-6:15.) Fourth, plaintiff's theory that DH ratified Schoene's conduct can be tested in discovery. Fifth, the section 17200 claim is pled wit...
2023.09.26 Motion to Compel Arbitration 027
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.09.26
Excerpt: ...s ("AFSCME") moŸon to compel arbitraŸon is granted. AFSCME and Respondent University of California College of Law, San Francisco ("UC Law SF") executed a collecŸve bargaining agreement in 2020. ArŸcle 38 of the parŸes' Memorandum of Understanding allowed an aggrieved party to compel arbitraŸon over an alleged "violaŸon, misapplicaŸon, or misinterpretaŸon of speciÞc terms." AFSCME moves to compel arbitraŸon based on a term all...
2023.09.26 Motion for Leave to File Complaint 536
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.09.26
Excerpt: ... (cross-defendant) fails to show that the cross-complaint is brought in bad faith. 'Factors such as oversight, inadvertence, neglect, mistake or other cause, are insufficient grounds to deny [a moton for leave to file a cross-complaint] unless accompanied by bad faith. ' (Silver Organizations Ltd. v. Frank (1990) 217 Cal.App.3d 94, 99; see also CCP 426.50 ["The court ... shall grant ... leave to ... file the cross- complaint ... This subdivision ...
2023.09.26 Motion for Attorney Fees 806
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.09.26
Excerpt: ...ovision, implicating Civil Code 1717. Plaintiff won an arbitration against defendants, then lost an attempt to amend his judgment to add Silverman on an alter ego theory. Silverman now seeks a section 1717 attorney fee award for opposing plaintiffs motion to amend. Civil Code 1717 applies to "any action on a contract" with an attorney fees provision. (ld.) Included is any action that, as here, "involves" a contract. (In re Tobacco Cases I (2011) ...
2023.09.25 Motion to Quash Service of Summons or Stay or Dismiss 647
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.09.25
Excerpt: ...f Karen Crosby's opposition to motion to quash service of summons is denied. The opposition was properly filed nine court days before the continued hearing date of September 25, 2023. (See CCP 1005(b).) Defendants' request for judicial notice in support of motion to quash is granted. Defendants' motion to quash service of summons is denied as follows. Substitute service under CCP 415.20 was appropriate once Crosby's server, Troy Norriss, made thr...
2023.09.25 Demurrer 373
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.09.25
Excerpt: ...ciated) claims regarding three former patents of San Francisco's Laguna Honda hospital. However, this would be a misjoinder based on the pled facts, as the three patients died at three different healthcare facilities with three different constellations of maladies. (Cmplt. 21:7-40:6.) Plaintiffs rely on Code of Civil Procedure 378 for their joinder arguments, but section 378 requires claims "arising out of the same transaction, occurrence or seri...
2023.09.21 Demurrer, Motion to Strike 672
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.09.21
Excerpt: ...into and breached an agreement with plaintiff. (First Amended Complaint ("FAC"), pars. 10-17, 24; Ex. A [authorizing plaintiff to use his credit card for purchases "on behalf of Vanguard Property Management"].) Defendant raises a factual issue regarding the scope of the agreement and the court defers to plaintiff's interpretation of the agreement on demurrer. (Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 239 ["[W]...
2023.09.20 Demurrer 355
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.09.20
Excerpt: ...at are not illusory - e.g., to sculpt and install artwork at Saints Peter and Paul Catholic Church and to pay $200,000 of the cost of doing so. (ld. at 4:1-3, Ex. A.) The FAC also adequately pleads that plaintiffs performance of the contract "was excused by Defendants' failures" to approve the artwork and by anticipatory breach. (ld. at 7:7-13.) Defendant argues that its "performance is excused because of Covid-19," but such an issue of disputed ...
2023.09.19 Motion for New Trial, for Reconsideration, for Judgment Notwithstanding the Verdict 280
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.09.19
Excerpt: ...4, see also 14:7-15:2.) As set out in the summary judgment order, it does not. (ld. at Second, plaintiffs counsel says she "was surprised that she mistakenly failed to file a separate statement," labeling the court not accepting a separate statement she filed nearly a month late "an irregularity." (Memo. 11:21- 12:19.) The statute requires "ordinary prudence," absent here. (CCP 657(3).) Third, plaintiff claims "newly discovered evidence.' (Memo. ...
2023.09.19 Demurrer, Motion to Strike 546
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.09.19
Excerpt: ...ents/employees and those allegations support the claim. In addition, the pleading expressly alleges that they acted as Fictivls fiduciary, which raises a factual issue. (See Huong Que, Inc. v. uu (2007) 150 Cal.App.4th 400, 410-411, 414 ["Thus an employee, while employed, owes undivided loyalty to his employer."]; Cross-complaint, pars. 12-13, 30 ["Cross-Defendants were entrusted with certain duties and responsibilities and owed a fiduciary duty ...
2023.09.19 Demurrer, Motion to Strike 440
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.09.19
Excerpt: ...ant fails to show that plaintiff could waive the representative PAGA claims. "A PAGA claim is legally and conceptually different from an employee's own suit for damages and statutory penalties. An employee suing under PAGA 'does so as the proxy or agent of the state's labor law enforcement agencies.' [citation] Every PAGA claim is 'a dispute between an employer and the state. "' (Kim v. Reins International California, Inc. (2020) 9 Cal.5th 73 [em...
2023.09.18 Motion for Summary Judgment 495
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.09.18
Excerpt: ...ropriety of summary judgment are to be resolved in favor of the opposing party." (Kulesa v. Castleberry (1996) 47 Cal.App.4th 103, 112; see also Statoners Corp. v. Dun & Bradstreet, Inc. (1965) 62 cal.2d 412, 417; Crouse v. Brobeck, Phleger & Harrison (1998) 67 cal.App.4th 1509, 1524.) As a general rule, the insured's settlement with and release of the tortfeasor cuts off the subrogation rights of the insured's insurer against the tortfeasor. How...
2023.09.15 Motion to Compel Responses 663
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.09.15
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 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 aut...
2023.09.14 Motion for Judgment on the Pleadings 540
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.09.14
Excerpt: ... Amended Complaint [C.C.P. 438, Et Seq.]. Defendant California College of the Arts' (CCA) "motion for judgment on the pleadings as to causes of action number one through seven in plaintiff's second amended complaint" (SAC) is granted with leave to amend. CCA hired pro per plaintiff June Beltran in 2017. Part of her job was to direct CCAls Center for Art & Public Life, later renamed the Center for Impact (the Center). Beltran was fired in November...
2023.09.13 Motion to Temporarily LIft Stay 287
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.09.13
Excerpt: ...fs "motion to temporarily lift stay to declare that Lyft, Inc.'s arbitration agreement controls the parties' dispute" is denied. On March 22, 2023, Stripe, Inc.'s motion to compel plaintiff to arbitration was granted based on multiple arbitration agreements. This court's order stayed the litigation "pending the outcome of arbitration." Plaintiff now seeks to "temporarily lift stay" based on CCP 1281.4's provision that a court shall "stay the acti...
2023.09.13 Demurrer 909
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.09.13
Excerpt: ...stock options. The noton was that plaintiffs would eventually get their money back and split any gain with defendant 50-50. The employer went public and its stock price rose, but plaintiffs have gotten no money. The demurrer's first argument is that the entre FAC is precluded by a New York court's dismissal ofa "nearly identical" case. Plaintiffs respond that the New York case regarded their supposed right to compel defendant to sell her stock (w...
2023.09.12 Motion for Judgment on the Pleadings 469
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.09.12
Excerpt: ...And 2 In Plaintiff'S Complaint Defendants Epic Sightseeing, LLC and Extranomical Tours, LLC's Motion for Judgment on the Pleadings Re Causes Of Action 1 and 2 in Plaintiff's Complaint is DENIED. A motion for judgment on the pleadings is treated the same as a demurrer. It is limited to the "four corners" of the pleading (including exhibits) and matters that are judicially noticeable. The complaint is read as a whole, and material facts properly pl...
2023.09.12 Motion for Attorney Fees, to Strike Costs 944
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.09.12
Excerpt: ... IN PART AND DENIED IN PART. Petitioner has demonstrated a right to recover attorney's fees and costs from Respondent San Francisco Housing Authority. This is a Public Records Act matter. The Act mandates a fees and costs award in petitioner's favor payable by the public agency, if the petitioner "prevails in litigation." (Gov. Code, 7923.115, subd, (a).) Petitioner made PRA requests on October 6 and 13, 2022. Respondent did not substantially com...
2023.09.08 Motion for Summary Judgment 931
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.09.08
Excerpt: ... Univ. (2015) 243 Cal.App.4th 427, 432 n.3 ["Generally, a party moving for summary judgment may not rely on new evidence filed with its reply papers."]; San Diego Watercrafts, Inc. v. Wells Fargo Bank (2W2) 102 Cal.App.4th 308, 316 [noting due process issue when considering reply evidence].) "The papers are to be construed strictly against the moving party and liberally in favor of the opposing party; any doubts regarding the propriety of summary...
2023.09.07 Motion for Summary Judgment 069
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2023.09.07
Excerpt: ...notice of Exhibit 1 (Plaintiff's Complaint) in the Weglarz Declaration. The Court considered Exhibit 2 (Plaintiff's Responses to Defendant's Special Interrogatories, Set One), Exhibit 3 (Plaintiff's Responses to Standard Asbestos Case Interrogatories), Exhibit 4 (Plaintiff's Deposition, June 7, 2023), Exhibit 5 (Plaintiff's Deposition, Aug. 30, 2017, Taken in Case No. CGC-15-276397), and Exhibit 6 (Plaintiff's Deposition, Nov. 7, 1996, Taken in C...
2023.09.07 Motion for Summary Judgment, Adjudication 151
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.09.07
Excerpt: ...dgment is denied. Defendant's alternative motion for summary adjudication is granted and denied as follows: The motion for summary adjudication is denied as to issue 1 (ability to perform essential job functions), issue 2 (legitimate reason) and issue 3 (failure to engage in interactive process). Defendant does not deny that it previously modified plaintiffs work structure because of plaintiffs disabilities. (Amended Complaint, par. 21; Pfeilschi...
2023.09.01 Motion to Dismiss Invalid Appeal of Labor Commissioner's Order, Decision, or Award Based on Failure to Post Bond or Undertaking 930
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.09.01
Excerpt: ...Award Based On Failure To Post Bond Or Undertaking Respondent Gerona's moŸon to dismiss is granted. As this court already ruled in its order of July 21, 2023, the bond requirement is mandatory and jurisdicŸonal. (Palagin v. Paniagua ConstrucŸon Inc. (2013) 222 Cal.App.4th 124, 140.) Gerona is therefore enŸtled to a dismissal. (Id.; Labor Code sec. 98.2(b); Burkes v. Robertson (2018) 26 Cal.App.5th 334, 347, fn 10 ["a necessary consequence...
2023.09.01 Motion to Compel Further Responses, for Monetary Sanctions 034
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.09.01
Excerpt: ...To Requests For Production Of Dcmaments And Tangible Things, Production Of Documents And Request For Monetary Sanctions. Pro Tem Judge Aaron Minnis, 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 Judg...
2023.09.01 Motion for Summary Judgment, Adjudication 104
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.09.01
Excerpt: .... The court has nevertheless reviewed the moving papers and the opposition filed July 5, 2023 which includes documents plaintiff apparently contends supports his allegations. In particular, the court has reviewed the July opposition for evidence that Protacio was operating within the course and scope of his employment with the defendant Regents. His employment consisted of working as an HR employment lead at USFC Health, and his duties consisted ...
2023.09.01 Motion for Preliminary Injunction 651
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.09.01
Excerpt: ...fendant Comcast to address the noise emanating from a vault cover near plaintiffs residence. Plaintiff alleges that when a vehicle runs over the vault cover, it make an extremely loud noise. 1. Comcast asserts that plaintiff is a vexatious litigant and has not posted the required security. If this is so, the court questions why a motion based on that failure has not been made. See CCP 391.4 (dismissal for failure to furnish security). This does n...
2023.09.01 Application for Writ of Possession 320
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.09.01
Excerpt: ...validity of fts claim. (CCP 512.060(a)(1).) Defendant's hearsay objection to the Motosko declaration is sustained. (Opposition 8:15-25.) That is the only evidence that supports this application. The declaration is based on 'company records," but there is no showing that they are business records excepted from the hearsay rule. (Evidence Code sec. 1271 ["Evidence of a wrting made as a record of an act, condition, or event is not made inadmissible ...
2023.08.31 Motion to Compel Responses 006
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.08.31
Excerpt: ...et forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this moton. 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 ...
2023.08.31 Motion for Summary Judgment, Adjudication 978
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2023.08.31
Excerpt: ...r Declaration. The Court sustains Plaintiffs' objections to Paragraphs 4 and 5 of the Htnver Declaration on hearsay grounds. As such, the Court did not consider Undisputed Material Facts Nos. 6 and 7 in Defendant's Separate Statement of undisputed Material Facts, which rely on Paragraphs 4 and 5 of the Hoover Declaration as evidentiary support. Defendant fails to sustain its initial burden of showing that Plaintiff does not possess, and cannot re...
2023.08.31 Demurrer 101
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.08.31
Excerpt: ...o not suffice." (Lazar v. Superior Court (1996) 12 Cal.4th 631, 645; Hamilton v. Greenwich Investors XXVI, LLC (2011) 195 Cal.App.4th 1602, 1614.) To satisfy '"[t]his particularity requirement,"' a plaintiff must plead facts that show "how, when, where, to whom, and by what means the representations were tendered." (Lazar, supra, 12 Cal.4th at 645.) Here, plaintiff does not meet the heightened pleading requirement. For example, Paragraph 19 does ...
2023.08.31 Application to File Under Seal, to Disqualify Counsel 949
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.08.31
Excerpt: ...Cal. Rule Of Court 2.551; (2) Plaintiffs' Application Pursuant To Code Provision 2031.285, and (3) Defendant Glydways, Inc.'s Cross-Motion to Disqualify Plaintiff's Counsel. Plaintiff's rule 2.551 application, which is unopposed, is GRANTED. On Plaintiff's application under section 2031.285 of the Code of Civil Procedure, the court finds the subject document is privileged. The court finds that Plaintiffs did not establish a waiver of the privileg...
2023.08.31 Application to Amend Abstract of Judgment 623
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.08.31
Excerpt: ...ff's Application To Amend Abstract Of Judgment With Defendant's Alias (CCP Sec 680.135), for which no opposition has been filed, is DENIED. Plaintiff seeks to amend the abstract of judgment to add "Light Mary J Trust," which plaintiff identifies as a revocable trust. Section 680.135 is limited to adding to judgments "aliases" of known debtors. In this context, an alias is a name by which the natural person who is the debtor is or has been known a...
2023.08.30 Motion for Relief Under Code of Civil Procedure 858
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.08.30
Excerpt: ...dba Rightworks Insurance Services's moŸon for relief under Code of Civil Procedure secŸon 473, which is unopposed in substance, is GRANTED. Good cause appearing, moving party is relieved from the sŸpulated deadline to Þle a MoŸon to Compel Community Loans to Supplement Its Responses to Requests for ProducŸon of Documents, Set One, and any such moŸon Þled before August 31, 2023, shall be deemed Ÿmely. The court is aware of the disp...
2023.08.24 Motion for Summary Judgment 886
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2023.08.24
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...
2023.08.24 Motion to Sever Claim for Writ of Mandate 387
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.08.24
Excerpt: ...tiffs Claim For Writ Of Mandate Against The Commissioner Of The California Department Of Insurance The "motion to sever plaintiff's claim for writ of mandate against the Commissioner of the California Department of Insurance" is granted. Joining a writ action against the insurance commissioner to a bad faith case against an insurer is a recurring tactic by this plaintiffs' counsel. (Memo. 3:3-5:15.) The tactic has been rejected by severance four ...
2023.08.24 Motion to Compel Supplemental Responses, for Sanctions 917
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.08.24
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 moŸon. Prior to the hearing all parŸes to the moŸon will be asked to sign a sŸpulaŸon agreeing that the moŸon may be heard by the Pro Tem Judge. If all parŸes to the moŸon sign the sŸpulaŸon, the hearing will proceed before the Judge Pro Tem who ...
2023.08.23 Motion to Compel Further Responses 144
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.08.23
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...
2023.08.23 Motion for Permission to Conduct Early Discovery 545
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.08.23
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 moŸon. Prior to the hearing all parŸes to the moŸon will be asked to sign a sŸpulaŸon agreeing that the moŸon may be heard by the Pro Tem Judge. If all parŸes to the moŸon sign the sŸpulaŸon, the hearing will proceed before the Judge Pro Tem who will decide the moŸon w...
2023.08.22 Motion to Compel Deposition 449
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.08.22
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...
2023.08.22 Motion for Terminating Sanctions, Monetary Sanctions 820
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.08.22
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 ...
2023.08.21 Anti-SLAPP Motion to Strike 517
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.08.21
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...
2023.08.18 Motion for Summary Adjudication, to Seal Certain Docs 702
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.08.18
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...
2023.08.17 Motion to Set Aside Default 035
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.08.17
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...
2023.08.17 Motion for Attorney Fees 219
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.08.17
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...
2023.08.17 Demurrer 699
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.08.17
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...
2023.08.14 Motion to Reassign and Transfer 405
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.08.14
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...
2023.08.11 Motion to Quash Subpoenas or for Protective Order 426
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.08.11
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...
2023.08.10 Motion for Sanctions 007
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.08.10
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...
2023.08.10 Demurrer 794
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.08.10
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...
2023.08.09 Motion to Designate Rebuttal Expert Witness 279
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.08.09
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 ...
2023.08.09 Demurrer, Motion to Strike 643
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.08.09
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...
2023.08.09 Demurrer, Motion to Strike 404
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.08.09
Excerpt: ...ants' demurrer is sustained with leave to amend. The Court's complete tentaŸve ruling is emailed to the parŸes. For the 9:30 a.m. Law & MoŸon calendar, all a©orneys and parŸes 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 "TentaŸve Rulings," and click on the ...
2023.08.08 Petition to Compel Arbitration and Award Relief 034
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.08.08
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...
2023.08.08 Motion to Quash Service of Summons or Stay or Dismiss 260
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.08.08
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...
2023.08.08 Demurrer 439
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.08.08
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...
2023.08.03 Motion to Reopen and Compel Targeted Discovery Re Spoliation 702
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.08.03
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...
2023.08.03 Motion to Compel Further Responses, Deposition of PMQ, Production of Surveillance and Reports 924
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.08.03
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 ...
2023.08.03 Demurrer 661
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.08.03
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...
2023.08.02 Demurrer 810
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.08.02
Excerpt: ...1) provides that if, as here, "a trust is created by more than one settlor, each settlor may revoke the trust as to the portion of the trust contributed by that settlor." (ld.; see also Estate of Powell (2000) 83 Cal.App.4th 1434, 1440 [1994 legislative amendment to Probate Code 15401 "reversed prior judicial decisions holding that a trust could not be revoked by less than all joint settlors"].) Plaintiff adequately pleads she revoked the portion...
2023.08.02 Motion for Writ of Mandate 029
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.08.02
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...
2023.08.01 Motion to Transfer 652
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.08.01
Excerpt: ...tiffs' mistaken belief that two defendants then resided here. In fact, the two defendants' December 2022 interrogatory responses show they had moved to Texas in January 2022, before "the commencement of the action." (Bains Dec. Ex. D 3:36-4:7, Ex. E 3:25-4:5; CCP 395(a).) Thus, ours is nota "proper court for the trial of the action." (ld.; see also CCP 397.) Plaintiffs apparently concede the relevant facts, but argue that movants "waived their ri...
2023.08.01 Motion to Compel Arbitration 973
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.08.01
Excerpt: ...on Of Plaintiff Mark Shukens Claims, And (2) Stay The Proceedings. Defendants' (PAC-12 ENTERPRISES, LLC, PAC-12 NETWORK, LLC, PAC-12 CONFERENCE) motion to compel arbitration of plaintiff Shuken's claims and stay this action is granted. Shuken entered into a broad arbitration agreement with defendant Pac-12 Enterprises. (Lockett Decl., Ex. 1, sec. 14.) The FAA applies to Shuken's agreement based on the express terms of the agreement and because th...
2023.08.01 Motion for Judgment on the Pleadings 815
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.08.01
Excerpt: ...1:19-22) is supported by no authority. In any event, fraud by movants is also specified using their names. (ld. at 7:18-8:6, 9:15-10:2.) Second, movants argue that their alleged fraudulent statements regarded future events. But the complaint alleges false statements by movants in the context of the sales transactions themselves. (ld. at 17:18-8:2.) Even if all the false statements were made earlier, the complaint pleads they were already "false w...
2023.07.31 Motion to Compel Production of Docs and Deposition 549
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.07.31
Excerpt: ...udge, has been assigned to hear this moŸon. Prior to the hearing all parŸes to the moŸon will be asked to sign a sŸpulaŸon agreeing that the moŸon may be heard by the Pro Tem Judge. If all parŸes to the moŸon sign the sŸpulaŸon, the hearing will proceed before the Judge Pro Tem who will decide the moŸon with the same authority as a Superior Court Judge. If a party appears by telephone, the sŸpulaŸon may be signed via fax...
2023.07.28 Motion to Quash Service of Summons or Stay or Dismiss 728
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.07.28
Excerpt: ...before the court on April 28, 2023 and it was denied. See April 28, 2023 Order. She now seeks to have the motion reheard and so improperly brings a motion for reconsideration. Under CCP 1008, a motion for reconsideration must be made within 10 days after service upon the party of written notice of entry of the order and be based upon new or different facts, circumstances, or law. Here, Ms. Tang filed the current moton on June 9, 2023, which far e...
2023.07.28 Motion for Summary Judgment, Adjudication 543
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.07.28
Excerpt: ...ended Complaint The motion is moot as to the bank because it already obtained a dismissal with prejudice on May 31, 2023. The court vacates plaintiffs voluntary dismissal without prejudice that she filed on May 8, 2023, and grants the individual defendants' moton for summary judgment. The court dismisses the individual defendants with prejudice. The court vacates plaintiffs voluntary dismissal without prejudice that she filed on May 8, 2023, and ...
2023.07.28 Demurrer 781
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.07.28
Excerpt: ...rrer depends on re-casting the SAC as one for libel with a one year statute of limitations. E.g„ Motion at 3:18 ff. This is futile. The claim is, as stated, for interference with contract. The parties agree the statute of limitations for that claim is two years. The demurrer seems to make the alternative argument that even if there is a two year limitations period, that too was patently transgressed based on the supposed accrual of the claim as...
2023.07.27 Motion to Terminate Sanctions or to Compel Deposition 129
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.07.27
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...
2023.07.27 Motion for Terminating, Issue, Evidentiary, and Monetary Sanctions, or for Contempt 742
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.07.27
Excerpt: ...he 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 Su...
2023.07.26 Motion to Amend SAC 651
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.07.26
Excerpt: ... County Of San Francisco Plaintiffs motion "to amend second amended complaint against Comcast to join new party defendant City and County of San Francisco" is denied. Pro per plaintiff has been adjudged a vexatious litigant subject to a CCP 391.7 prefiling order that bars him from "filing any new litigation' without "first obtaining leave of the presiding judge." (ld.) "Litigation" broadly includes a "civil action or proceeding" against what plai...
2023.07.26 Motion for Relief from Unaffordable Arbitration Fees and Costs 808
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.07.26
Excerpt: ...is another attempt by plaintiff to avoid the arbitration he contractually agreed to - an arbitration this court ordered 11 months ago. Plaintiff is a sophisticated businessperson who declares he has "spent more than $800,000 of my own money" on a marijuana dispensary. (Valdez Dec. 2:20-22.) Plaintiff claims he is "currently receiving public assistance," but proffers no documentary evidence of that. (ld. at 2:16-17.) Likewise, plaintiff reports he...
2023.07.24 Motion for Determination of Good Faith Settlement 569
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.07.24
Excerpt: ... without prejudice. Scott & Warner Builders, Inc. was general contractor on a home reconstructon project that had a flooding event. There were "several subcontractors," including Deehan and Ideal Restoration, Inc. (Pham Dec. 2:5-7.) SWB's insurer apparently paid the homeowner some unstated amount of money and seeks $280,301 from some unstated set of the several subcontractors for unstated liabilities. Deehan seeks to settle for $35,000; Ideal opp...
2023.07.20 Motion to Strike Cross Complaint 885
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.07.20
Excerpt: .... 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.) Silverman's protected activities were filing and pursuing a lawsuit against Fayad. That t...
2023.07.20 Motion to Quash Service of Summons or Stay or Dismiss 389
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.07.20
Excerpt: ...rts to have served Borenstein via a front desk guard at a San Francisco apartment building. However, Borenstein declares under #nalty of perjury that he does not live or work in the apartment, did not authorize anyone there to accept service and for "the past five years, and currently, I live outside the United States in Israel." Plaintiffs points - much of them hearsay of which judicial notice cannot be taken - are unavailing. It is true, as pla...
2023.07.20 Motion for Amendment of Judgment 806
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.07.20
Excerpt: ..., well before moving to compel arbitraŸon against respondents in 2021. (See, e.g., Fayad Dec. 3:24-4:4, Ex. A.) Yet he has not sought to include Silverman in the arbitraŸon proceedings unŸl now. Further, everyone agrees peŸŸoner had the burden to prove that Silverman is liable under a conjuncŸve three-part test. (Relentless Air Racing, LLC v. Airborne Turbine Ltd. Partnership (2013) 222 Cal.App.4th 811, 815-16; Memo. 4:20-26; Opp. 3:1...
2023.07.18 Motion to Compel Further Production of Docs, for Monetary Sanctions 301
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.07.18
Excerpt: ...eming, 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 moton 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 stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same a...
2023.07.18 Motion to Compel Discovery Responses 267
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.07.18
Excerpt: ...OMPEL DISCO RESPONSE TO DEFT GENENTECH, INC.(TENTATIVE RULING PURPOSES ONLY PART 2 OF 2) Plaintiffs' discovery requests and this motion were misguided and ineffective as a procedural matter but were nevertheless intended to effectuate the purposes of discovery. Accordingly, sanctions for alleged abuse of the discovery process would be unjust under the circumstances and are denied. For the 9:00 a.m. Discovery calendar, all attorneys and parties ar...
2023.07.18 Motion to Augment Expert Disclosure or Supplement Expert Disclosure 250
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.07.18
Excerpt: ...he 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 Su...
2023.07.13 Motion to Compel Arbitration and Stay Action 683
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.07.13
Excerpt: ...ocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract." (AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333, 336; 9 U.S.C. sec. 2.) Plaintiff Honorio Altun entered into a sales contract with a dealership. (Compl. 8.) The manufacturer of the car, Nissan, is not a party to this sales contract. Nissan seeks to compel arbitration against Altun through equitable estoppel. Under equitable estop...
2023.07.13 Motion for Issue Sanctions and Monetary Sanctions 624
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.07.13
Excerpt: ...ry Sanctions In An Amount Not Less Than 6785 (Motions). (part 1 of 2) plaintiffs/Cross-Defendants' motion sanctions is denied. plaintiffs/Cross-Defendants bring their moton pursuant to CCP 128.7(b)(2) - (3), on the grounds that Defendants/cross-complainants' MSA lacks legal support, because (1) their entire argument that a breach of fiduciary duty has been established is premised on the fiction that the overruling of a demurrer is a ruling on the...
2023.07.12 Motion to Compel Arbitration and Stay Action 467
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.07.12
Excerpt: ...rgues for stay of the arbitration so the court acton can be tried first. That would be contrary to strong public policies favoring arbitration. (See, e.g., AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333; Lewis v. Fletcher Jones Motor Cars, Inc. (2012) 205 Cal.App.4th 436.) To the extent California law were to apply here at all, CCP 1281.2 applies only when "a party to the agreement refuses to arbitrate." Such is not so here. Moreover, CCP 12...
2023.07.11 Motion to Compel Further Responses 209
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.07.11
Excerpt: ...gs:Matter on the Discovery calendar for Tuesday, July 11, 2023, Line 3, (to be heard at 1:30 p.m. by Judge Pro Tem Scott Borrowman) 2 - PLAINTIFFS PEBBLEBROOK HOTEL, LP, PEBBLEBROOK HOTEL TRUST, SERENITY NOW, LP, A DELAWARE LIMITED PARTNERSHIP, LET IT FLHO, LP, A DELAWARE LIMITED PARTNERSHIP, GEARY DARLING, LP. A DELAWARE LIMITED PARTNERSHIP, SF TREAT, LP, A DELWARE LIMITED PARTNERSHIP'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORI...
2023.07.06 Motion to Require Undertaking, for Leave to File SACC 694
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.07.06
Excerpt: ...Undertaking. WSJ, LLC 's motion to require out-of-state plaintiff to file a CCP 1030 bond is denied. "To obtain an order requiring such bond, defendant must show a 'reasonable possibility' that it will prevail at trial, and a detailed estimate of the costs it is likely to incur." (Weil & Brown, Cal. Practice Guide: Civ. Proc. Before Trial, 11:280.2.) At minimum, WSJ fails to show the latter; the Fisher declaration is insufficient. For the 9:30 a....

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