Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

2842 Results

Location: San Francisco x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 240))) AND (true) AND (true) ORDER BY post_title DESC LIMIT 200,50
Array
(
)
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 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 ...
2023.09.29 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...
2023.09.28 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 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...
2023.09.19 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 ...
2023.09.18 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, 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...
2023.09.07 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...
2023.09.01 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 ...
2023.09.01 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 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 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...
2023.08.31 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 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 ...

2842 Results

Per page

Pages