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 300,50
Array
(
)
2023.06.29 Motion to Compel Arbitration and Stay Proceedings 838
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.06.29
Excerpt: ...ontract between Plaintiff Lianette Hollie and the dealership Hanlees Hilltop Nissan under equitable estoppel. under equitable estoppel, a nonsignatory defendant can compel a signatory plaintiff to arbitrate its claims when the causes of action against the nonsignatory are "intimately founded in and intertwined with' the underlying contract obligations. (Ford Motor Warranty Cases (2023) 89 Cal.App.5th 1324, 1333-34.) The 'fundamental point' of equ...
2023.06.29 Motion for Summary Adjudication 201
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.06.29
Excerpt: ...ed show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law." (CCP sec. 437c(c).) The moving party has the initial burden of production to show the nonexistence of any triable issue of material fact; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own to show the existence of a triable issue ...
2023.06.28 Motion to Compel Binding Arbitration 051
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.06.28
Excerpt: ...A., Inc.) motion to compel arbitration is denied. The Federal Arbitration Act (FAA) makes agreements to arbitrate "valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract." (AT&T Mobility LLCv. Concepcion (2011) 563 U.S. 333, 336; 9 U.S.C. sec. 2.) The arbitration provision contained within the car's sales contract is governed by the FAA. (See Myers Decl., Ex. A at p. 7.) Plainti...
2023.06.27 Motion to Strike 663
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.06.27
Excerpt: ... Pursuant to the parties' agreement, the motion to strike is granted without leave to amend as to the following: 1. Page 6 between lines 8-9, which states: "defendants willfully and/or maliciously and/or in conscious disregard of plaintiffs rights failed and/or refused to do so"; 2. Page 6, line 11, which states: "callously"; 3. Page 6 between lines 11-12, which states: "selfish purposes"; 4. Page 6, line 13, which states: "punitive damages" and ...
2023.06.27 Motion to Quash 813
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.06.27
Excerpt: ...by a contract. In it, the parties agreed that courts in San Francisco would have "exclusive jurisdiction' cwer "any dispute or lawsuit arising out of" the contract. (See Jaworski Decl., Ex. E.) For decades, the courts have validated such selection clauses. (Smith, Valentino & Smith, Inc. v. Superior Court (1976) 17 Cal.3d 491, 495-496.) Defendants do not dispute this, but argue that the contract language does not give this court personal jurisdic...
2023.06.27 Motion to Compel Arbitration and Dismiss or Stay Proceedings 125
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.06.27
Excerpt: ...compel arbitration of Plaintiffs (Maximillian Jones) individual PAGA claims is granted. Plaintiffs representative PAGA claims are ordered stayed pending arbitration of the individual PAGA claims. (9 U.S.C. sec. 3.) The Federal Arbitration Act (FAA) makes agreements to arbitrate "valid, irrevocable, 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...
2023.06.26 Motion to Compel Production of Docs, Deposition of PMQ, Responses, for Protective Order 201
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.06.26
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...
2023.06.21 Motion to Sever and Transfer Venue of Severed Claims 589
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.06.21
Excerpt: ...ted. The court severs the cause of action for writ of mandamus against the Commissioner of the Department of Insurance and directs the Clerk of the Court to assign a new case number to that claim. Plaintiff's claims for breach of contract and breach of the implied covenant of good faith and fair dealing will proceed under the existing case number (CGC-23-605589). For the reasons below, the court denies defendant's request to transfer the breach o...
2023.06.21 Motion to Compel Arbitration and Stay Action 506
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.06.21
Excerpt: ...February 27, 2023, the court issued an order stating that defendant's moton was "denied." (Order Denying Arbitration, 1:26.) The motion was not denied "without prejudice" and therefore, defendant needs to comply with the prerequisites of CCP IW8(b) for this renewed motion. Defendant fails to meet its burden. Defendant fails to demonstrate new facts or diligence. (Even Zohar Construction & Remodeling, Inc. v. Bellaire Townhouses, LLC (2015) 61 Cal...
2023.06.21 Demurrer, Motion to Strike 388
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.06.21
Excerpt: ...equately pleads the elements of an Unruh Act claim. (CACI 3060.) Plaintiff alleges she is disabled and defendants denied her full and equal access to public space in their condominium building by a series of unsafe and/or illegal conditions. (See, e.g., Cmplt. at 1:21-4:23, 6:28-18:8, 22:11-22, 27:22-23.) Where ADA- mandated access is at issue in an Unruh Act case, intentional discrimination is not required. (Munson v. Del Taco, Inc. (2009) 46 Ca...
2023.06.20 Motion to Compel Further Responses, for Monetary Sanctions 651
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.06.20
Excerpt: ...ite Inspection And Request For Monetary Sanction. 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 be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will p...
2023.06.20 Motion for Entry of Dismissal of Action 076
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.06.20
Excerpt: ...d As Anneta Realty Group, Lp) For Entry Of Dismissal Of Action Defendant ANNETA REALTY CORP.'s motion to dismiss is denied. Defendant can file this motion since it is not in default. Plaintiff defaulted a defunct entity-"Anneta Realty Group, LP". (Luthin Decl., par. 14, Ex. 10.) Plaintiff filed this action on March 2, 2021. On June 29, 2021, plaintiff filed an amended complaint that added movant's prior iteration as a defendant. On August 25, 202...
2023.06.15 Motion for Summary Judgment 983
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2023.06.15
Excerpt: ...ie Declaration: Exhibit A (Plaintiff's Complaint); Exhibit B (Plaintiff's Preliminary Fact Sheet); and Exhibit C (Defendant's Answer to Plaintiff's Complaint). The Court considered Exhibits D through I and Exhibits K through L in the Ketchie Declaration. The Court sustains Plaintiff's objections to Exhibit J in the Ketchie Declaration (relevant portions of the Deposition Transcripts of Richard Bergeron, Defendant's Corporate Representative) and P...
2023.06.14 Motion to Overrule Objections, Compel More Specific Answers, Disqualify Counsel, for Monetary and Preclusionary Sanctions 802
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.06.14
Excerpt: ...IVE RULING ONLY, PART 2 OF 2) Second, even if there had been more substantial meet and confer efforts, the relief that Plaintiff seeks would not be justified. Plaintiff seeks to disqualify Defendant's counsel, vacate a prior award and obtain a substantial award of sanctions. None of this extraordinary relief would be justified to sanction disagreements about the adequacy of responses to written discovery, where there has been no prior order to co...
2023.06.14 Motion to Enforce Settlement Agreement 146
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.06.14
Excerpt: ...'s bank account, to which he complied. Both sides claim they were not hacked and point blame at the other. Defendant now asks that the motion to enforce settlement be denied because "it is not clear which party is most greatly at fault" according to the unreported case Meritdiam, Inc. v. Facets Fine Jewelry, LLC, 2015 WL 12660377 (C.D. cal. Apr. 27, 2015). However, Meritdiam is not persuasive on these facts. Defendant fails to cite any relevant c...
2023.06.14 Motion to Deem RFAs Admitted, to Compel Deposition, for Monetary Sanctions 158
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.06.14
Excerpt: ...rdell, 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 stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same ...
2023.06.14 Motion to Compel Deposition, for Sanctions 806
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.06.14
Excerpt: ...o 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 sig...
2023.06.13 Motion to Transfer Venue 902
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.06.13
Excerpt: ...ed an order stating: "NY Life's motion to change venue based upon the convenience of the witnesses and ends of justice is denied." (2:22-23.) NY Life points to no portion ofthat order or citation to the reporter's transcript from the oral argument where the court denied the motion "without prejudice." Therefore, NY Life is required to comply with the prerequisites of CCP 1008(b) for this renewed motion. NY Life fails to meet fts burden. First, th...
2023.06.13 Motion for Leave to File FAC 327
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.06.13
Excerpt: ...y of great liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial, this policy should be applied only where no prejudice is shown to the adverse party." (Atkinson v. Elk Corp. (2W3) 109 Cal.App.4th 739, 761.) Prejudice exists where the amendment would result in a delay of trial along with added cost of preparation and increased burden of discovery. (Edmon & Karnow, CALIFORNIA PRACTICE GUIDE...
2023.06.13 Application for Leave to File TAC 144
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.06.13
Excerpt: ...ce defendant since there is no trial date and the amendment does not change the tenor of the case. Judicial estoppel does not prevent plaintiff from seeking to plead a claim under sec. 1510(b)(1) of the unclaimed Property Law (CCP 1500 et seq. ("UPL").) The judicial estoppel "doctrine applies when the same party has taken two positions; (2) the positions were taken in judicial or quasi-judicial administrative proceedings; (3) the party was succes...
2023.06.12 Motion to Compel Deposition 007
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.06.12
Excerpt: ...tion. 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 not all parti...
2023.06.09 Motion to Quash Service of Summons or Stay or Dismiss 567
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.06.09
Excerpt: ... complaint pursuant to Code of Civil Procedure section 418.10, which is unopposed, is GRANTED IN PART AND DENIED WITHOUT PREJUDICE IN PART. The court quashes Plaintiff Scott Batchelor's service of summons and service of his original complaint. (See Code Civ. Proc., 418.10, subd. Specially-appearing Defendants request that the court "quash" its April 21, 2023 order granting leave to file the original complaint under seal is denied without prejudic...
2023.06.09 Motion to Compel Further Responses, for Sanctions, to Compel Compliance with Subpoena for Business Records 327
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.06.09
Excerpt: ... 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 Supe...
2023.06.09 Motion to Compel Further Responses 378
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.06.09
Excerpt: ... 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 stipulatio...
2023.06.07 Motion to Sever Petition for Writ of Mandate 671
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.06.07
Excerpt: ...ETITION FOR WRIT OF MANDATE AGAINST RICARDO LARA AS COMMISSIONER OF THE CALIFORNIA DEPARTMENT OF INSURANCE (PART 2 OF 2, FOR TENTATIVE RULING PURPOSES ONLY) For the 9:30 a.m. Law & Mohon 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 "T...
2023.06.06 Special Motion to Strike 953
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.06.06
Excerpt: ...y is pled. The complaint says defendant photographed private areas of plaintiffs' home from a neighbor's property without permission from anyone. It is also pled that one of defendant's photos included a window of plaintiffs' minor children and that he "had been researching the læation of [the] children s bedroom." Defendant used one photo of plaintiffs' home in an unsuccessful "discretionary review application" he filed with the city planning c...
2023.06.05 Motion for Judgment on the Pleadings 026
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.06.05
Excerpt: ...court accepts plaintff's late-filed opposition. Defendant was not prejudiced and substantively responded to the late filing. Plaintiff alleges a sufficient relationship between plaintiff and defendant for the concealment claim. (Dhital v. Nissan N. Am. Inc. (2022) 84 Cal.App.5th 828, 844 [allegations that plaintiff purchased vehicle from Nissan dealership, that Nissan issued a warranty, and dealership was agent of Nissan were suffcient to show re...
2023.06.05 Demurrer 026
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.06.05
Excerpt: ... The attorney-client relationship was governed by the attorney representation agreement (ARA) attached to the complaint. Most of defendant's demurrer arguments are based on her notion that the ARA had to be modified for plaintiffs interpretation of it to prevail. Plaintiffs, on the other hand, insist no modification was needed or occurred. If, as here, a contract is attached to a complaint, plaintiffs interpretation must be accepted as correct on...
2023.06.02 Motion to Compel Arbitration 246
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.06.02
Excerpt: ...TED. The court orders plaintiffs individual PAGA claim to arbitration and stays his representative PAGA claim pending arbitration per Code of Civil Procedure section 1281.4. The main point of dispute is the issue of a stay. The court finds the individual and representative PAGA claims both require resolution of the "aggrieved employee" question. (See Lab. C. , 2699(c).) On the issue of whether a stay is necessary, Jarboe v. Hanlees Auto Group (20...
2023.06.01 Demurrers 416
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.06.01
Excerpt: ...nt adult causes of action. (Opp. 2:S_) Therefore: the demurrer is unnecessary as to those causes of action. (Opp. 2:8_) Intentional infliction of emotional distress ("llED"): To state a claim for IIED: "a plaintiff must show. (1) outrageous conduct by the defendant; (2) the defendant' s intention of causing or reckless disregard of the probability of causing emotional distress; (3) the plaintiffs suffering severe or extreme emotional distress: an...
2023.05.31 Motion for Protective Order 460
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.05.31
Excerpt: ...ve order re Thoits Law discovery on plaintiffs' ability to pay arbitration fees and costs" is denied. Ordered to arbitrate their dispute with Thoits, plaintiffs seek to avoid arbitration by asserting indigency. Thoits doubts plaintiffs' claims and has propounded financial circumstances discovery against which plaintiffs seek the protective order. But such discovery is authorized by Aronow v. Sup. Ct. (2022) 76 Cal.App.5th 865, 884, a case factual...
2023.05.31 Demurrer 021
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.05.31
Excerpt: ...e, to whom, and by what means the representations were tendered." (Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 73.) After that is pled, the court may be able to reach the parties' arguments. Demurrer sustained with leave to amend. 2: Negligent Misrepresentation. The same alleged representations are at issue here (Cmplt. 7:6-11), so the ruling is the same - demurrer sustained with leave to amend. 3: Breach of Contract. Unlike fraud, this claim...
2023.05.30 Demurrer 231
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.05.30
Excerpt: ..."with adequate information and instructions to exercise his option rights." (ld. at 5:8-10.) Defendant's arguments to the contrary rely on its spin of documents of which it seeks judicial notice. However, defendant "disputes the authenticity and applicability of the unsworn documents" (Opp. 1:28.) and their contents are not subject to judicial notice in any event. (Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 114-15 [...
2023.05.25 Motion for Judgment on the Pleadings 810
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.05.25
Excerpt: ...nes (collectively Restaurant) judgment on the pleadings as to the first amended complaint (FAC) is denied in part and granted in part. Richard Cibotti adequately pleads slander and false light against the Restaurant. The FAC alleges, inter alia, that Restaurant employees falsely "orally identif[ied]" Richard as the man who made "threats to kill a family and their young children" at the Restaurant. (ld. at 5:3-24.) Contrary to the Restaurant's arg...
2023.05.24 Demurrer 987
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.05.24
Excerpt: ... profits from the unauthorized rental of his home by third parties also named in this action. Plaintiff first asserts a claim for conversion, alleging that Defendant failed to comply with an Eastern Caribbean Supreme Court order to the place the rental income of his home into an interest bearing account and that it acted as an agent of the other defendants to wrongfully exercise control of Plaintiff's property. (4AC, 6:27-28, 7:1; Ex. A). Plainti...
2023.05.22 Demurrer 560
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.05.22
Excerpt: ...her based on her sex. FAC 6. Payrovi alleges that the most recent act of discrimination occurred "at some date after April 26, 2018" when Dolby closed fts investigation of her complaint and refused to hire her into a permanent position. ld. at 15. Payrovi filed a pre-form inquiry with the DFEH on March 14, 2019, and her verified complaint on March 17, 2020 ld. at 37, 41. Dolby argues that the FAC is barred by the one-year statute of limitations o...
2023.05.19 Petition to Compel Arbitration and Stay Action 231
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.05.19
Excerpt: ...dants*** Complete tentative ruling sent to the parties via e-mail. Granted. The stay extends only to the moving parties here. Defendants (referred to as Kaiser here) petition to send the claims against them to arbitration. Plaintiff Garza does not argue that there is no arbitration agreement, or that he is not bound because he didn't agree to it or did not sign it. He does say he dæsn't recall signing the agreement, but this is nota basis on whi...
2023.05.18 Motion for Attorney Fees 762
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.05.18
Excerpt: ...Rules of Court, rule 3.1702(c). Government Code section 12965(b) has no application to this motion. Section 12965(c)(6), however, provides, "In civil actions brought under this section, the court, in its discretion, may award to the prevailing party, including the department, reasonable attorney's fees and costs, including expert witness fees, except that, notwithstanding Section 998 of the Code of Civil Procedure, a prevailing defendant shall no...
2023.05.18 Motion to Amend Expert Witness Designation 840
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2023.05.18
Excerpt: ...iled by Defendant. Reply filed by Plaintiff Plaintiffs have shown an exceptional circumstance of the deteriorating health of designated expert: Charles Ayz from a terminal disease for the Court to permit the motion to be made under C.C.P. section 2034.610(b) after the expert discovery cutoff date. (Morse Decl. parm 6.) All four conditions are satisfied for the Coun to grant leave to augment under CCP section 2034_620_ Pursuant to CCP section the ...
2023.05.18 Motion for Summary Judgment 056
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2023.05.18
Excerpt: ...A to Defendant's Index of Exhibits. The Court considered Exhibits B (Plaintiffs Responses to Standard Interrogatories) and Exhibit C (relevant portions of the Deposition Transcripts ofPlamtiff William Frayne) to Defendant's Index of Exhibits submitted in support of the motion. The Coult sustains Plaintiff s objections to Exhibits D through H (relevant portions ofthe Deposition Transcripts of George Kirk: Defendant's Corporate Representative) on l...
2023.05.18 Motion to Dismiss 241
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2023.05.18
Excerpt: ...rvice demonstrates that it properly served Plaintiffs. As to the survival claims under Decedent's personal injury action, dismissal is mandatory under C.C.P. secton 583.360. After commencing the achon against Defendant in 2014, and accounting for tolling during appeal, Plaintiffs failed to bring the achon to trial within five years and six months under C.C.P. section 583.310 and C.R.C. emergency rule IO(a). After the filing of remittitur by the c...
2023.05.11 Motion to Strike SAC, for Entry of Judgment 555
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.05.11
Excerpt: ...ded Complaint And For Entry Of Judgment Defendant Singer's motion to strike the second amended complaint is granted without leave to amend. The filing is "improper" within the meaning of CCP 436(a). First, plaintiffs did not comply with this court's order of January 18, 2023, and they missed the filing deadline for the amended pleading by several weeks without sufficient explanation. (CCP 438(h)(4)(A) ["If an amended complaint is filed after the ...
2023.05.10 Motion to Compel Mental Exams 229
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.05.10
Excerpt: ...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 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 al...
2023.05.08 Motion to Compel Arbitration and Stay Action 343
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.05.08
Excerpt: ...rbitration and stay action is granted. under Gamboa v. Northeast Community Clinic (2021) 72 Cal.App.5th 158, 165, Defendants have met their burden by the preponderance of the evidence to show that Plaintiff consented to its terms of service. (See Vasquez Decl.) The controlling arbitration agreement at the time ofthe incident was the 2016 Terms of use. (See Vasquez Decl., Ex. E.) The arbitration agreement within the terms of use delegates "that an...
2023.05.04 Demurrer 952
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.05.04
Excerpt: ...s "personnel management actions,' but our supreme court holds that such actons "can also have a secondary effect of communicating a hostile message" and thus support a FEHA harassment claim. (Roby v. McKesson Corp. (2009) 47 Cal.4th 586, 709.) Also, defendants concede the FAC pleads six non-personnel management actions in less than three years, disparaging plaintiffs national origin and sex. (Memo. 4:3-14.) The FAC also adequately pleads defamati...
2023.05.03 Petition to Confirm Arbitration Award, for Attorney Fees, for Entry of Judgment 984
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.05.03
Excerpt: ...ts And Request For Entry Of Judgment (PART 1 OF 2) 8MlNUTENERGY US INVESTOR LLC, 8MlNUTENERGY US INVESTOR 2 LLC, AVANTUS LLC (F/K/A 8 MINUTE POWER LLC)'s motion to confirm arbitration award is granted. "Unless a statutory basis for vacating or correcting an award exists, a reviewing court 'shall confirm the award as made."' (Corona v. Amherst Partners (2003) 107 Cal.App.4th 701, 705 (quoting CCP 1285). There is no basis to vacate the award and th...
2023.05.03 Motion to Vacate Renewal of Judgment 882
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.05.03
Excerpt: ...led to relief under CCP 683.170 from renewal of the judgment. (Fidelity Creditor Serv., Inc. v. Browne (21%1) 89 CA4th 195, 199, 105.) A judge may vacate the renewal on any ground that would be a defense to an action on the judgment, including the ground that the amount of the renewed judgment is incorrect. (CCP 683.170(a)). Here, Defendant fails to raise any meritorious defense, such as providing a reason why the money is not owed to Plaintiff (...
2023.05.03 Motion for Mandatory Dismissal 386
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.05.03
Excerpt: ...r the action is commenced. (CCP sectons 583.210, 583.250; see also Edmon & Karnow, CALIFORNIA PRACTICE GUIDE: CIVIL PROCEDURE BEFORE TRIAL 11:51 (Rutter: 2022).) Plaintiff Charles Li filed the First Amended Complaint on 02/04/2019. Plaintiff had three years to serve Defendant with the summons and complaint. On 01/25/23, the court granted Defendant's moton to quash service and set aside the default against Defendant. Plaintiff first argues that De...
2023.05.03 Demurrers 076
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.05.03
Excerpt: ...s request for judicial notice of exhibit C [title report from private insurance company] The report is neither a coun record (Evid. 452(d)) nor a fact that is not reasonably subject to dispute (Evid. 452(h)_) In any event, the lack of omvvnership of a piece of real property is not dispositive since negligence/premises liability can be based on control of the property. In reviewing the sufficiency of a complaint: the court treats as true allegatio...
2023.04.27 Motion to Stay Proceedings, Joinder 932
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.04.27
Excerpt: ...his eponymous law firm from representing the University of San Francisco in this case. USF appealed that order; thus everyone seems to agree the order is automatically stayed. (CRS Corp. v. AtkinsonAVa1sh Joint Venture (2017) 15 872, 886-87.) USF views the disqualification as collateral and wants to continue the case with new counsel to avoid delay. CI, on the other hand: seeks a discretionary stay of the entire action until USF's appeal is decid...

2842 Results

Per page

Pages