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2842 Results

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2023.12.06 Motion for Attorney Fees 266
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.12.06
Excerpt: ...717 prevailing party is denied. In this construction defect action, plaintiff won a motion to compel arbitration in San Francisco of its dispute with Winco Window Co. Winco's simultaneous moton to compel arbitration in Missouri was declared moot. Plaintiff now seeks attorney fees for the two motions. The opinion plaintiffs memorandum primarily relies on - Otay River Constructors v. San Diego Expressway (2008) 158 Cal.App.4th 796 - is inapposite. ...
2023.12.04 Motion for Change of Venue 006
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.12.04
Excerpt: ...ees and costs is denied. (CCP 396b(b).) CCP 395(b) applies to "an achon arising from an offer or provision of goods, services, loans or extensions of credit intended primarily for personal, family or household use " The case shall be venued in "the superior court in the county where the buyer or lessee in fact signed the contract, where the buyer or lessee resided at the time the contract was entered into, or where the buyer or lessee resides at ...
2023.12.01 Demurrer 604
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.12.01
Excerpt: ...actor Mountain Bay and developer WVN cross-complained against subcontractors including FSAC which installed fire alarm systems at the property. (Mot. 6:8-9; Terani Decl. Para. 3.) FSAC now demurs to the cross-complaint on ground the cross-complaint fails to state facts sufficient to constitute causes of action against for (1) express indemnity; (2) implied indemnity; (3) equitable indemnity; (4) breach of contract; and (5) negligence. The cross-c...
2023.11.30 Motion to Set Aside Default and Leave to Defend, Quash Service of Summons 138
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.30
Excerpt: ...ult is denied. Defendant fails to show that plaintiffs service of the summons and complaint in May of 2023 was defective and the subsequent default is void. (CCP 473(d).) The Ko declaration does not clearly disclose where she resided at the time of the service. Moreover, defendant's other court filings suggest that she resided in Sunnyvale, California at the time of the service. Defendant fails to meet her burden for relief under CCP 473(b) and C...
2023.11.29 Motion to Set Aside Default, for Leave to Defend, Quash Service of Summons 138
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.29
Excerpt: ...ult is denied. Defendant fails to show that plaintiffs service of the summons and complaint in May of 2023 was defective and the subsequent default is void. (CCP 473(d).) The Ko declaration does not clearly disclose where she resided at the time of the service. Moreover, defendant's other court filings suggest that she resided in Sunnyvale, California at the time of the service. Defendant fails to meet her burden for relief under CCP 473(b) and C...
2023.11.28 Motion to Enforce Subpoenas for Medical Records 924
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.28
Excerpt: ...For Order Barring Him From Being Called As A Witness (Tentative Ruling Part 1 of 2) Pro Tem Judge Robert Kane, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may heard by the Pro Tem Judge. If all parties to the motion sign the ...
2023.11.28 Motion to Compel Further Responses, for Monetary Sanctions 048
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.28
Excerpt: ...rrogatories General And Request For $3750 In Monetary Sanctions Against Blue Note Therapeutics And Its Counsel, Gordon Rees Scully Mansukhani (Tentative Ruling part 1 of 2) Pro Tem Judge Robert Kane, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreei...
2023.11.27 Motion to Reconsider 839
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.27
Excerpt: ...had actual notice of the lawsuit but due to inadvertence/excusable neglect, the papers did not reach the proper person to respond to the complaint. (CCP 473; CCP 1008; Campbell and Fromholz Dec's.) Defendant was diligent and did not apprise the court of this new information because due to a personal emergency, defense counsel could not appear at the hearing on the motion to vacate. In light of this new evidence, the motion to vacate default is gr...
2023.11.22 Motion to Recall and Quash Writ of Execution and Return Property Levied Upon 445
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.22
Excerpt: ...tion To Recall And Quash Writ Of Executon And To Return Property Levied Upon" is granted save that plaintiff can retain $816.15. All other funds must be returned to defendant. Judge Quinn is unavailable to hear this motion. Even if CCP 1008 applies, the court exercises its inherent power to grant the requested relief. (See Le Francois v. Goel (2005) 35 Cal.4th 1094, 1107 [court's inherent power to reconsider orders on its own moton].) The funds t...
2023.11.20 Motion to Compel Binding Arbitration 994
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.20
Excerpt: ...m a retailer in July 2022, executing a contract which included an agreement to arbitrate. Ngo filed a complaint in July 2023 alleging violations of the Song- Beverly Act (breaches of express and implied warranty) and negligent repair. MBUSA now files this moton to compel arbitration and stay proceedings, alleging that it has standing to bring the motion on the grounds of equitable estoppel and its status as a third-party beneficiary of the arbitr...
2023.11.20 Motion for Settlement, for Determination of Good Faith Settlement 836
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.20
Excerpt: ... Of Settlement Defendants City and County of San Francisco and John George Ford's motion for order determining the good faith of settlement is denied without prejudice. Assuming arguendo that CCP 877.6 applies to these circumstances, there is not substantial evidence showing that the settlement is in the "ballpark." When determining whether a settlement was entered into in good faith the court should take into account a rough approximation of pla...
2023.11.17 Motion to Compel Further Responses 628
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.17
Excerpt: ...en assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to sign given...
2023.11.17 Motion to Require Vexatious Litigant to Augment Security 680
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.17
Excerpt: ...additional security in the sum of $20,000 not later than December 8, 2023. The unopposed request for judicial notice is granted. The City seeks an increase in the security from $2,000 ordered in January 2023 to an additional roughly $45,000. This is said to be the result of unexpected costs: the facts that (1) plaintiff has not amended a complaint as expected, presumably necessitating a demurrer, and (2) plaintiffs discovery demands were served i...
2023.11.16 Motion for Summary Judgment, Adjudication 782
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.16
Excerpt: ...judication is denied. Defendants failed to maintain its burden of production. (CCP 437c(p)(2).) Plaintiff's evidentiary objections to the exhibits 2-11 and 13-14 attached to the Marquis declaration are sustained. Marquis does not properly authenticate the purported discovery responses and the court cannot take judicial notice of the truth of the content of the "court records" per Evidence Code sec. 452(d). (Kilroy v. State of California (2004) 11...
2023.11.16 Motion for Protective Order 080
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.16
Excerpt: ..., LIP For A Protectve Order As To Plaintiff'S Order For Examination And Deposition (part 1 of 2) Pro Tem Judge Bruce Highman, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to th...
2023.11.14 Motion to Vacate Dismissal 730
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.14
Excerpt: ...ewart Company' is denied. Plaintiff is a vexatious litgant whose case has now consumed an unprecedented 1,481 entries in this court's register of actions. Her current motion makes three arguments, all unavailing. First, plaintiff argues that this law-and-motion department could not hear the August dismissal motion, because plaintiff had filed other motions in other departments in the past. (Memo. 1:6-11, 18-22.) However, plaintiff cites no author...
2023.11.14 Demurrer 021
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.14
Excerpt: ...ding existing facts are alleged. (See, e.g., FAC 2:21-24, 3:21- 27, 4:21-25, 5:18-19, 6:7-11, 7:2-4, 7:18-24, 9:16-20.) At the pleading stage, plaintiffs need not "show" defendants knew their representations were false (Memo. 6:5-5); that comes later in the case. Likewise, plaintiffs need not now "establish" justifiable reliance, just plead it, as they have. (ld. at 7:17-18; FAC 9:23- 27, 10:24-25.) Defendants' demurrer to the original complaint'...
2023.11.13 Motion to Compel Further Responses, for Monetary Sanctions 781
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.13
Excerpt: ...ONSES TO FORM INTERROGATORIES (SET ONE) TO PLAINTIFF JENNIFER SPALDING AND REQUEST FOR MONETARY SANCTIONS OF $5,825.CO AGAINST JENNIFER SPALDING (PART 3 OF 3 TENTATIVE RULING) In contravention, however, Spalding herself concedes that the Discovery Motions were mail-served, on October 19, 2023. Emerald Fund theorizes that Spalding may have received the Motions on October 19, having been served on October 16. But Spalding submits of the envelope th...
2023.11.13 Motion for Relief from Any Waiver of Objections 955
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.13
Excerpt: ...PRODUCTION (PART 2 OF 3 TENTATIVE RULING) Result of Excusable Neglect. Under the second element of the Code, the movant must also establish that its "failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect." Cal. Civ. Proc. Code 2031.3Cqa). Here, Hua's attorney, Pete Clancy, explains the reason for the error: "In this instance my office apparently served responses not to the request for production at issue...
2023.11.13 Motion for Relief from Any Waiver of Objections 955
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.13
Excerpt: ...PRODUCTION (PART 2 OF 3 TENTATIVE RULING) Result of Excusable Neglect. Under the second element of the Code, the movant must also establish that its "failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect." Cal. Civ. Proc. Code 2031.3Cqa). Here, Hua's attorney, Pete Clancy, explains the reason for the error: "In this instance my office apparently served responses not to the request for production at issue...
2023.11.13 Demurrer 484
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.13
Excerpt: ...liability; and (3) public nuisance. The City has demurred to all causes of action for failure to state facts sufficient to constitute a cause of action (CCP S431.10(e)). Plaintiff's First Cause of Action for General Negligence: The elements of negligence are: (1) defendant owed a duty of care to plaintiff; (2) defendant breached that duty; (3) defendant's breach was a substantial factor in causing the damages; and (4) plaintiff was damaged. (Ladd...
2023.11.09 Motion to Transfer and Consolidate 200
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.09
Excerpt: ...ameda County action (Jonathan Bullinger v. The Finish Line, Inc. (Case 23CV038515)) is transferred to San Francisco and that action is consolidated with this action (CGC-23-605200) for all purposes. All future filings shall be under case number CGC-23-605200. While plaintiff s dismissal of several of his Labor Code claims in this case reduces the overlap, there remains overlap regarding the enforceability of the parties arbitration agreement. Tha...
2023.11.09 Motion to Set Aside Default Judgment 047
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.09
Excerpt: ...ent and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, the court must set aside the resulting default. (CCP 473(b).) Here, defense counsel Lawrence E. Hart has filed a sworn declaration attesting to his mistake and neglect in failingto answer plaintiff Jonathan Harms s complaint. (See Declaration of Lawrence E. Hart, paragraphs 10-11.) The motion was filed within six months of ...
2023.11.09 Motion for Summary Adjudication 461
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.09
Excerpt: ...s to recover statutory damages under Civil Code sec. 52(a). (See Angelucci v. Cent. Supper Club (2007) 41 Cal.4th 160, 175 [explaining Unruh Act standing]; Molski v. M.J. Cable, Inc., 481 F.3d 724, 731 (9th Cir. 2007)[ The litigant need not prove she suffered actual damages to recover the independent statutory damages of $4,000. l; Botosan v. Paul McNally Realty, 216 F.3d 827, 835 (9th Cir. 2000) [ [P]roof of actual damages is not a prerequisite ...
2023.11.08 Motion for Good Faith Settlement 840
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.08
Excerpt: ... 204 owned the building. Thus, 204's $2,500 se©lement is appropriate. (See Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488.) The one of the seven defendants that opposes the good-faith moŸon argues that discovery is not complete (Opp.10:7), but avoidance of crushing discovery costs is a purpose of CCP 877.6. For the 9:30 a.m. Law & MoŸon calendar, all a©orneys and parŸes may appear in Department 302 remotely. Remote ...
2023.11.08 Motion to Compel Arbitration 582
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.08
Excerpt: ...stead of seeking arbitration, petitioners on two separate occasions sought to amend their petition to add civil causes of action. The reply for the first motion noted: "The purpose of the amended pleading is to provide Plaintiffs with the opportunity to litigate their claims in this Court, without having to proceed through arbitration." (Lazear Suppl. Decl., par. 2 (5/23/23.) he second moton similarly sought to litigate. (Lazear Decl., par. 3 (6/...
2023.11.08 Motion for Summary Judgment 341
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.08
Excerpt: ...on a "special errand" for defendant when the accident occurred. (Sumrall v. Modern Alloys, Inc. (2017) 10 Cal.App.5th 961, 969 [triable issue of material fact whether defendant's employee was on a "special errand" when he was driving to the employer's work yard rather than his regular worksite]; CACI 3726.) For the 9:30 a.m. Law & MoŸon calendar, all a©orneys and parŸes may appear in Department 302 remotely. Remote hearings will be conducte...
2023.11.08 Motion to Strike Complaint 091
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.08
Excerpt: ... near an II-inch drop concealed by planter boxes. (ld. at 3:9-14.) The complaint also pleads a similar incident involving another patron a few days earlier that alerted defendants to the hazard. (ld. at 4:4-16.) With the complaint's other allegations, this suffices to support punitive damages at the pleading stage. Defendants appear to be under the misapprehension that "evidence" must be adduced at this stage. (Rply. 2:5-6.) For the 9:30 a.m. Law...
2023.11.07 Motion to Enforce Settlement and Enter Judgment 783
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.07
Excerpt: ...ment Agreement And Enter Judgment Pursuant To C.C.P. 664.6 And Stipulation Of The Parties. Plaintiffs' renewed motion to enforce settlement and enter judgment is denied. Plaintiffs previously sought this relief on November 19, 2009, and the court denied the motion. Plaintiffs' renewed motion does not comply with CCP 1008(b). Plaintiffs do not provide an affidavit setting forth "what application was made before, when and to what judge, what order ...
2023.11.07 Motion for Summary Judgment, Adjudication 242
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.07
Excerpt: ...nish the drugs to decedent (undisputed Material Fact ("UMF") 5); (2) defendant did not have control of the apartment because possession was transferred to tenant Harken (LJMF 6; Civil Code sæ. 1954 [entry of dwelling by landlord]; and (3) defendant did not owe a duty to prevent or warn of the drug use because it did not have actual notice of the drug use in the apartment. (LJMF 7 - 12; Garcia v. Holt (2015) 242 Cal.App.4th 604 ["[8]efore liabili...
2023.11.07 Motion for Summary Judgment, Adjudication 154
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.07
Excerpt: ...pplemental memorandum) violates Cal. Rules of Court ("CRC") 3.1113(d) and this court's order of October 10, 2023, which denied plaintiffs request to file an oversized brief. Second, the opposition does not provide an opposing separate statement in compliance with CCP 437c(b)(3) and CRC 3.1350. "Failure to comply with this requirement of a separate statement may constitute a sufficient ground, in the court's discretion, for granting the motion." (...
2023.11.07 Motion for Protective Order 370
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.07
Excerpt: ...to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be si...
2023.11.07 Amended Motion to Strike 696
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.07
Excerpt: ...ugh their companies (East Rex, Yinrex, and Bonds) formed a general partnership (Seaker) to own, develop, operate, lease, and deal with real and personal property in San Francisco (specifically, real property at 135 Post Street). Cross-complainants Seaker, Yinrex, Anson Chan, and Bonds allege that cross-defendant Johnson Chan misappropriated assets, engaged in self-dealing behavior, and wasted corporate assets with the aid of a company attorney, J...
2023.11.07 Amended Motion to Strike 696
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.07
Excerpt: ...ugh their companies (East Rex, Yinrex, and Bonds) formed a general partnership (Seaker) to own, develop, operate, lease, and deal with real and personal property in San Francisco (specifically, real property at 135 Post Street). Cross-complainants Seaker, Yinrex, Anson Chan, and Bonds allege that cross-defendant Johnson Chan misappropriated assets, engaged in self-dealing behavior, and wasted corporate assets with the aid of a company attorney, J...
2023.11.06 Motion to Compel Further Answers at Deposition 157
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.06
Excerpt: ... this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may signed via fax or consent to sign given by email. If not all parties...
2023.11.03 Motion to Compel Further Responses 257
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.03
Excerpt: ... the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a ...
2023.11.02 Motion to Vacate Order Compelling Arbitration and for Further Relief 460
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.02
Excerpt: ...on is a "consumer" arbitration and the protections of CCP 1281.97 et seq. apply. CCP 1280(c) defines a "consumer" as "an individual who seeks, uses, or acquires, by purchase or lease, any goods or services for personal, family, or household purposes." The JAMS initiating form similar defines consumer arbitrations as applying to "individuals." (Buchanan Decl., par. 7). Here, plaintiff Kwan signed the legal services agreement with defendant Thoits ...
2023.11.02 Motion for Mandatory Relief 257
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.02
Excerpt: ...r mandatory relief under CCP 473(b) is denied as follows. Elias argues his attorneys committed excusable neglect by failing to oppose defendant Lyft, Inc. 's motion to dismiss for forum non conveniens. The mandatory relief provision of CCP 473(b) directs the court to relieve a party from entry of judgment caused by their attorney's mistake, inadvertence, surprise, or excusable neglect. An application for mandatory relief, however, must be brought...
2023.11.01 Motion to Strike Complaint 973
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.01
Excerpt: ... denied. Defendants' request for judicial notice is granted. "Litigation of an anti- SLAPP motion involves a two-step process. First, the moving defendant bears the burden of establishing that the challenged allegations or claims arise from protected activity in which the defendant has engaged. Second, for each claim that does arise from protected activity, the plaintiff must show the claim has at least minimal merit." (Bonni v. St. Joseph Health...
2023.11.01 Motion to Compel Psychological IME 463
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.11.01
Excerpt: ...l the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appea...
2023.10.30 Motion for Declaratory Relief 085
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.10.30
Excerpt: ...der Staying Proceedings Defendant BB/CCs motion for declaratory relief and clarification of January 25, 2023 order staying proceedings" is denied. A focus of this construction litigation is whether Uponor, Inc. PEX plumbing pipes in an apartment building are defective. That is among issues being resolved in an arbitration between some of the same parties. Thus, the court granted a defense motion to stay this court case pending completion of the a...
2023.10.27 Motion for Summary Judgment 663
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.10.27
Excerpt: ... Alireza Alavi's motion for summary judgment is denied. On a summary judgment motion, the court strictly construes the moving party's evidence and liberally construes the opposing evidence. (See Stratton v. First National Life Insurance Co. (1989) 210 Cal.App.3d 1071, 1083.) In opposition, plaintiff presents expert evidence that Alavi caused plaintiff's injuries. (Response to UMFs 27; Declarations of Deborah Gold, M.D. and Lance Downing, M.D.) "A...
2023.10.24 Motion to Set Aside Default, Judgment 244
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.10.24
Excerpt: ...e entered in 2005-some 18 years ago. Defendant cannot obtain relief under CCP 473(b) or CCP 473.5 because the motion is untimely. (CCP 473(b) [the motion "shall be made within a reasonable time, in no case exceeding six months, after the judgment"]; CCP 473.5(a) ["The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or...
2023.10.24 Motion to Quash Service of Summons, to Dismiss Complaint 460
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.10.24
Excerpt: .... Specially Appearing Defendant The SM Companies, LLC Ea The Save Mart Companies, Inc.'s second moŸon to quash service of summons and moŸon to dismiss complaint with prejudice, which is unopposed, is GRANTED IN PART AND DENIED IN PART. The moŸon to quash service is GRANTED. The moŸon to dismiss with prejudice is DENIED. The la©er moŸon is made under California Rules of Court, rule 3.110. Under that rule, a failure to Ÿmely serve a ...
2023.10.20 Motion to Set Aside Default 383
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.10.20
Excerpt: ...by reasons of the defendant's mistake, inadvertence, surprise, or excusable neglect. CCP 473(b). Courts liberally construe CCP 473 to dispose of the case on the merits where possible. Zamora v. Clayborn Contracting Group, Inc. (2002) 28 Cal.4th 249, 256. A mistake of law, however, only justifies relief if it is excusable. Fidelity Federal Savings and Loan Ass'n of Glendale v. Long (1959) 175 Cal.App.2d 149, 154. The determining factor is the reas...
2023.10.20 Demurrer 139
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.10.20
Excerpt: ...d WAYMO LLC (collectively, "Waymo"). Plaintiff has leave to plead facts (e.g. Waymo controlled the means and manner of plaintiffs work) that show a employment or joint employment relationship. (Vernon v. State of Cal. (2004) 116 Cal.App.4th 114, 126- 127 [sustaining demurrer where there were insufficient allegations regarding a joint employment relationship].) It is not enough to note, as plaintiff does, that joint employment may be a viable theo...
2023.10.19 Motion to Amend Complaint 731
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.10.19
Excerpt: ...rts are to liberally permit such amendments, at any stage of the proceeding, has been established policy in this state since 1901." (Hirsa v. Sup. Ct. (1981) 118 Cal.App.3d 486, 488-89; see also CCP 428.50(c).) A proposed amended complaint's validity is not considered when deciding leave to amend. (See Ki©redge Sports Co. v. Sup. Ct. (1989) 213 Cal.App.3d 1045, 1048.) OpposiŸon papers refer to a "stay," but not to any ordered by the court. Fo...
2023.10.18 Motion to Appoint Receiver, for Preliminary Injunction in Aid of Receiver 845
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.10.18
Excerpt: ...ssuing preliminary injunction in aid of receiver" in this dispute over a restaurant is denied for several reasons. First, as plaintiff concedes, receivership is an "extraordinary remedy ' (Memo. 9:7); it is "drastic" and "exercised sparingly" and unwarranted here. (In re Jamison Steel Corp. (1958) 158 Cal.App.2d 27, 35; Morand v. Sup. Ct. (1974) 38 Cal.App.3d 347, 350.) Second, plaintiff fails to carry her burden to show that the property 'is in ...
2023.10.18 Motion for Summary Judgment 663
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.10.18
Excerpt: ...ational Life Insurance Co. (1989) 210 Cal.App.3d 1071, 1083.) Defendant maintained its initial burden of on the issues of breach and causation. (See CCP 437c(p)(2).) The declaration of Lakeisha N. Falwell, RN, NP, AOCNP, shows that defendant's employees and/or claimed agents complied with the standard of care and their conduct was not a substantial factor in causing injury to plaintiff. (Defendant's Evidence, Ex. 3; see also Ex. 2 [Johnson-Wicks ...
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...

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