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2842 Results

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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 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...
2024.01.17 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 ...
2024.01.16 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...

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