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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 ...
2023.08.24 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...
2023.08.23 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....
2023.07.03 Motion for Summary Adjudication 624
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.07.03
Excerpt: ...ment for a negligent breach of fiduciary duty is met, there are no triable issues of material fact and defendants have no defenses. (Not., 10-17.) Cross-Defendants negotiated a settlement agreement for cross-complainants which included "crucial" terms that an independent board would be implemented and or the matter would proceed to trial. (MPA, 2:28, 3:1-2.) The language of the settlement agreement reads as follows: "The parties agree to explore ...

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