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2022.01.28 Motion for Summary Adjudication 011
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.01.28
Excerpt: ...mages is denied. Defendants fail to maintain their burden of production. (See CCP 437c(p)(2).) "In the usual case, the question of whether the defendant's conduct will support an award of punitive damages is for the trier of fact [S]ummary judgment 'on the issue of punitive damages is proper' only 'when no reasonable jury could find the plaintiff's evidence to be clear and convincing proof of malice, fraud or oppression.'" (Johnson & Johnson v. S...
2022.01.27 Motion to Strike Complaint 685
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.01.27
Excerpt: ... instead examine the principal thrust or gravamen of a plaintiff's cause of action." (Hylton v. Frank E. Rogozienski, Inc. (2009) 177 Cal.App.4th 1264, 1272 (internal quotations and citations omitted).) "If the core injury-producing conduct upon which the plaintiff's claim is premised does not rest on protected speech or petitioning activity, collateral or incidental allusions to protected activity will not trigger application of the anti-SLAPP s...
2022.01.27 Motion to Quash Service of Summons or Stay or Dismiss 372
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.01.27
Excerpt: ...t a proposed California law on their pro‐life website. Plaintiff sued in this court for defamation, false light and negligence. As the parties agree, California "allows the exercise of personal jurisdiction to the fullest extent permissible under the U.S. Constitution." (Memo. 4:6‐7.) The parties also agree that California's three‐part test for specific jurisdiction applies. (Pavlovich v. Sup. Ct. (2002) 29 Cal.4th 262, 269.) Defendants con...
2022.01.27 Motion to Compel Further Responses, for Summary Judgment, Adjudication, for Approval of Settlement 345
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.01.27
Excerpt: ... 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 Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the moti...
2022.01.27 Motion for Protective Order 608
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.01.27
Excerpt: ...nnis, 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 sam...
2022.01.26 Demurrer 209
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.01.26
Excerpt: ...ings of lead in lead crystal, this court ordered a Proposition 65 consent judgment with extensive provisions. That 2001 judgment in Mangini v. Action Industries, Inc. had 100+ settling defendants, not including Fiskars. The injunctive relief provided by the Mangini judgment is "continuing" and "modification" of that judgment in the future is authorized. (Id. at 4:13, 15:24‐27 see also 14:14‐15 ("claims which may arise").) This "modification" ...
2022.01.25 Motion for Summary Judgment, Adjudication 083
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.01.25
Excerpt: ...ntative Ruling Purpose Only, Part 2 Of 2) Defendant fails to shift the burden on the failure to prevent claim since plaintiff may be able to establish the underlying claims. (See Carter v. Cal. Dept. of Veterans Affairs (2006) 38 Cal.4th 914, 925, fn. 4 ["courts have required a finding of actual discrimination or harassment under FEHA before a plaintiff may prevail under section 12940, subdivision (k)"]; Trujillo v. N. County Transit Dist. (1998)...
2022.01.20 Motion for Summary Adjudication 521
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.01.20
Excerpt: ...udication of the following issues: "1. Zurich, Allianz, and ICW had a duty to defend Plaintiffs against the DuBois Counterclaim in the Underlying Action. 2. Zurich, Allianz, and ICW's duty to defend Plaintiffs against the DuBois Counterclaim in the Underlying Action encompassed a duty to pay for independent, or Cumis, counsel." Plaintiffs fail to cite competent evidence that they tendered the DuBois Counterclaim to ICW. At undisputed facts 34‐3...
2022.01.19 Demurrer 842
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.01.19
Excerpt: ...on defendants' enforcement of the challenged provisions of the TAJP through individual judicial assignments, rather on their promulgation of the 1,320‐day service cap? 2. Does the SAC contain sufficient allegations of individualized appointment decisions impacting specific, individual TAJP applicants? Is it sufficient to allege that Plaintiffs failed to receive assignments of the same nature and substance they had received in their prior servic...
2022.01.18 Motion to Compel Arbitration or to Stay 544
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.01.18
Excerpt: ...eral Act ("PAGA") claim "is not a dispute between an employer and an employee arising out of their contractual relationship." (Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 386.) "Because a PAGA claim is representative and does not belong to an employee individually, an employer should not be able [to] dictate how and where the representative action proceeds." (Jarboe v. Hanlees Auto Group (2020) 53 Cal.App.5th 539, 557; ...
2022.01.18 Demurrer 484
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.01.18
Excerpt: ... prevent discrimination and harassment): Plaintiff adequately pled that complained of conduct was related to her sex and that it altered terms and conditions of her employment. (See, e.g., Cmplt. 5:14‐18, 8:1‐3, 10:20‐21, 13:8‐9.) Demurrer overruled. 5 (retaliation for engaging in a protected activity): Plaintiff adequately pled, inter alia, that she was retaliated against for raising safety concerns at the nuclear power plant where she w...
2022.01.14 Motion for Summary Judgment, Adjudication 708
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.01.14
Excerpt: ...ational of California's (collectively Magellan) summary judgment motion is granted. First, pro per plaintiff Bruce Thomas failed to oppose Magellan's separate statement, file his own separate statement, or identify any factual dispute material to any issue in Magellan's motion. In opposing a summary judgment motion, the opposition papers "shall" include a separate statement "that responds to each of the material facts contended by the moving part...
2022.01.13 Petition to Arbitrate and Stay of Pending Contractual Arbitration 393
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.01.13
Excerpt: ...he petition arbitrate and stay proceedings by Defendants Stephens Institute dba Academy of Art University, Elisa Stephens, Sue Rowley, Reid Raukar, Marguerite Crooks and Michael J. Vartain (collectively, "Defendants") is Granted. California law incorporates many of the basic policy objectives contained in the Federal Arbitration Act, including a presumption in favor of arbitrability. (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 95...
2022.01.13 Motion for Summary Judgment, Adjudication 823
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2022.01.13
Excerpt: ...t failed to sustain its burden of showing that Plaintiffs do not possess, and cannot reasonably obtain, needed evidence that decedent Robert Schindler was exposed to asbestos containing products attributable to Defendant. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 855.) Defendant failed to address decedent's testimony that the head gaskets he removed from the Continental engines were made of copper and fiber gray in color and likely h...
2022.01.12 Motion to Stay California Board of Accountancy Decision and Order 602
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.01.12
Excerpt: ...otion for a stay is denied. First, petitioner is obligated to show that the public interest will not suffer and respondent is unlikely to prevail on the merits because respondent (the agency) adopted the administrative law judge's decision in its entirety. (See CCP 1094.5(h)(2).) Petitioner fails to demonstrate that respondent is unlikely to prevail on the merits. Indeed, it is undisputed that petitioner failed to obtain the required peer review....
2022.01.12 Demurrer 356
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.01.12
Excerpt: ...Seton's request for judicial notice of the complaint and attached subcontract since both parties refer to the subcontract. (See Ingram v. Flippo (1999) 74 Cal.App.4th 1280, 1285, fn.3 [taking judicial notice of letter that was referenced in complaint (but not attached) where both parties referred to the letter and quoted from it].) On demurrer, the court will generally defer to plaintiff/cross‐complainant's construction of an agreement where th...
2022.01.11 Demurrer 214
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.01.11
Excerpt: ...lly defer to plaintiff's construction of an agreement where the instrument is ambiguous and reasonably susceptible to plaintiff's interpretation. (See Aragon‐Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 239.) Here, the complaint sufficiently alleges consideration. Plaintiff collaborated on the development of the antivenom in exchange for his equity share. (FAC, "Introduction" and par. 7; Ex. 1.) Acceptance can be based...
2022.01.10 Motion for Attorney Fees 742
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.01.10
Excerpt: ...the San Francisco Bay Area legal market for 35 years and have decided many lemon law fee/cost motions as a judge. (Serrano v. Priest (1977) 20 Cal.3d 25, 49.) Attorney fees of the requested $33,874.50 and costs/expenses of $1,353.88 are reasonable for this case. The lawyers' hourly rates are also reasonable for our legal community. I award no multiplier due to the routinized nature of lemon law practice. Effective Monday, January 3, 2022, for the...
2022.01.07 Motion to Compel Arbitration and Stay Further Proceedings 744
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.01.07
Excerpt: ... Motion To Compel Arbitration And Stay Further Proceedings. (Part 2 of 2 tentative ruling) Plaintiff fails to demonstrate substantive unconscionability that "shocks the conscience." (See Sonic‐Calabasas A, Inc. v. Moreno (2013) 57 Cal.4th 1109, 1145) The agreement is bilateral and applies to all "all employment‐ related disputes." (Hidalgo Decl., Ex. A [Scope of Policy].) There is no employer‐claim‐carve‐out and all parties can seek pro...
2022.01.07 Demurrer 284
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.01.07
Excerpt: ...h COA for Negligent and / or Intentional Misrepresentation does not allege duty or harm and (b) the CC's Sixth COA for fraud does not meet the heightened pleading standard." (a) Duty is not a requisite element of negligent or intentional misrepresentation (CACI 1900, 1903), but it is nonetheless pled (CC 7:21‐24). Harm is also adequately pled. (Id. at 7:17‐20, 8:21‐24.) Thus, demurrer (a) is overruled. (b) A fraud pleading must state "how, ...
2022.01.06 Motion for Summary Judgment, Adjudication 764
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2022.01.06
Excerpt: ... asbestos containing products attributable to Defendant. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 855.) Defendant fails to address Plaintiff's work for Bay Area Controls part‐time while he was in the Navy between 1971 and 1974. (Gage Decl. Ex. C at 3:16‐14:16.) At Plaintiff's deposition, Defense counsel only asked questions pertaining to Plaintiff's work after the Navy. (Gage Decl. Ex. E at 433:1‐13; Scheiding v. Dinwiddie Con...
2022.01.06 Motion for Summary Judgment 766
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2022.01.06
Excerpt: ... Bruce Hiell was exposed to asbestos containing products attributable to Defendant. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 855.) Defendant failed to propound any "state all facts" interrogatories regarding Defendant's product. (Weber v. John Crane, Inc. (2006) 143 Cal. App. 4th 1433, 1440.) Defendant also failed to establish that Gerry Bowden, decedent's co‐worker, lacks information supporting Plaintiffs' claims. Although Mr. Bo...
2022.01.06 Demurrer 355
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.01.06
Excerpt: ...he punitive damages per CCP section 425.13 based on the Court's ruling sustaining the demurrer with leave to amend as set forth above. Furthermore, the Court orders Plaintiff to file a motion seeking an order allowing her to proceed under the Jane Doe designation. (CCP sec. 367; Doe v. Lincoln Unified School Dist. (2010) 188 Cal.App.4th 758, 767.) Effective Monday, January 3, 2022, for the 9:30 a.m. Law & Motion calendar, all attorneys and partie...
2022.01.05 Motion for Summary Judgment, Adjudication 697
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.01.05
Excerpt: ...as not filed an opposition to the motion. (Code of Civil Procedure section 1005(b).) That Plaintiff is self‐represented does not excuse these procedural deficiencies. "[T]he rules of civil procedure must apply equally to parties represented by counsel and those who forgo attorney representation." (Rappleyea v. Campbell, 8 Cal.4th 975, 984‐85 (1994); see also ViaView, Inc. v. Retzlaff (2016) 1 Cal.App.5th 198, 208 ["While a party may choose to...
2022.01.05 Motion for Summary Judgment, Adjudication 622
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.01.05
Excerpt: ...Mehran Nazar, D.D.S.; **Court Reporter Fees Paid** (Part 2 Of 4 - Tentative Ruling Purposes Only) The first exception is inapplicable here because, just as this Court previously determined in an order granting Defendant's motion for summary adjudication against Plaintiffs Khehra Dental Corporation and Dr. Khehra, the Complaint asserts claims that are based on Plaintiff's termination. (See September 14, 2021 Order.) The cause of action for breach ...
2022.01.03 Motion to Strike Answer 342
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.01.03
Excerpt: ... defendant is a suspended LLC that cannot defend this action and defendant does not dispute that contention. (Miller Decl., Exs. 1, 2; Steinsapir Decl. par. 2; Spillane Decl., 5.) Defendant is in the process of making the back payments to obtain a certificate of revivor. (Spillane Decl., pars. 5‐7.) Given these circumstances, the Court finds that a continuance is warranted. The main purpose of the statutory suspension is to collect a tax and pa...
2021.12.29 Motion to Amend FAC, for Summary Judgment 096
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.12.29
Excerpt: ...ssary. Pursuant to Code of Civil Procedure section 452, the Court liberally construes the amended complaint. Paragraph 20 of the amended complaint alleges that defendants "breached their duty to Petrocelli to use reasonable skill and care in advising Petrocelli regarding her estate planning and documenting her estate plan, including but not limited to ensuring that Wilson's execution of the 2011 Restatement, 2016 Restatement and 2016 Amendment [t...
2021.12.27 Motion to Quash Subpoena, for Sanctions 006
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.12.27
Excerpt: ...t and recommendation of the judge pro tem is adopted. Plaintiff's motion to quash is denied. Consistent with prior discovery orders, the scope of the amended subpoena is sufficiently tailored to records relating to the alleged lost earnings, physical injuries and associated pain and suffering claimed by the plaintiff at his deposition and as set forth in the amended statement of damages. Plaintiff's counsel shall have a "first look: at the record...
2021.12.27 Motion to Quash Deposition Subpoenas 611
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.12.27
Excerpt: ...g). For the 9:00 a.m. Discovery calendar, all attorneys and parties are required to appear remotely. Hearings will be conducted by videoconference using Zoom. To appear 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 (DISCOVERY, DEPT 301 @ 9:00AM), or dial the corresponding phone number. Any party who contests a tentative ruling must send ...
2021.12.23 Motion to Amend FAC 572
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.12.23
Excerpt: ...cases on the merits and allow amendment, it is not an abuse of discretion to deny amendment where the plaintiff delayed presenting the proposed amendment/s and that delay prejudices the defendant. (See Melican v. Regents of University of California (2007) 151 Cal.App.4th 168, 175.) Here, the court concludes that plaintiff unreasonably delayed seeking amendment and allowing amendment at this stage of the proceedings would prejudice defendant. Plai...
2021.12.22 Demurrer 996
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.12.22
Excerpt: ...ew for $52,000, and that the check was rejected and returned for insufficient funds. The cross‐complaint easily states facts sufficient to state a cause of action. Civil Code section 1719 provides in part that any person who draws a check that is dishonored due to insufficient funds shall be liable to the payee for the amount owing upon the check, a service charge not to exceed $25, and treble damages under certain circumstances. "Even without ...
2021.12.21 Motion to Set Aside Payment Arrangements and Enter Judgment 937
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.12.21
Excerpt: ... and denied in part. The Stipulation for Judgment provides that if Defendant does not make a total settlement payment of $1,970.00, judgment may be entered in the amount of $3,216.84, plus costs in the amount of $325.00. As such, it is an unenforceable penalty or liquidated damages provision because it bears no reasonable relationship to the range of actual damages the parties could have anticipated from Defendant's failure timely to pay the agre...
2021.12.21 Motion for Summary Judgment, Adjudication 473
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.12.21
Excerpt: ...on Of Issues Plaintiff and cross‐defendant OSIRIS VENTURES, INC.'s motion for summary judgment or alternatively summary adjudication is denied. Osiris fails to maintain its burden of production on the amended cross‐complaint because it fails to demonstrate that HIGHER GROUND MANAGEMENT, LLC's execution of the promissory note and OSIRIS' failure to purchase 99 HIGH TIDE, INC. ("99HT") was not the product of fraud. Higher Ground also presents a...
2021.12.20 Petition to Enforce Settlement, for Injunctive Relief 162
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.12.20
Excerpt: ... injunctive relief is denied without prejudice. Petitioner was unable to serve Respondent Adnan Mousa with the moving papers. (Cole Reply Decl. par. 4.) Mr. Mousa is a party to the settlement agreement Petitioner seeks to enforce, and therefore is a necessary party to the instant motion. The Court notes that although Petitioner timely filed and served its petition on the DLSE, the DLSE did not file any opposition to the petition. The Court also n...
2021.12.20 Motion to Compel Inspection of Premises, Responses, Production of Docs 780
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.12.20
Excerpt: ... Interrogatories And Requests For Production Of Documents: Pro Tem Judge David McDonald, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the he...
2021.12.17 Motion for Reasonable Attorney Fees 690
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.12.17
Excerpt: ...n the amounts of $57,975 and $1,808 respectively. In a stipulated judgment, respondent Association of Bay Area Governments (ABAG) admitted that it violated a key provision of California's key sunshine law ‐ the Brown Act (Govt. Code Sec. 54953(c)(2)) ‐ in 2019 when it "failed to report out the individual votes of each member of the ABAG Board." ABAG further stipulated that it would obey the law "in the future." Legislative history indicates, ...
2021.12.16 Motion for Summary Adjudication 868
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2021.12.16
Excerpt: ...trating that Plaintiffs do not possess and cannot reasonably obtain evidence that Defendant acted with the requisite malice, fraud or oppression to warrant the imposition of punitive damages. Defendant failed to propound a separate all facts interrogatory as to punitive damages. Notwithstanding this omission, Defendant failed to provide the Court with Plaintiffs' complete response to special interrogatory no. 1, which seeks all facts supporting l...
2021.12.16 Motion for Summary Judgment, Adjudication 407
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2021.12.16
Excerpt: ... Alternatively, Summary Adjudication" that attacks the First Amended Complaint by January 10, 2022. Per the conditions agreed to in this court's order of September 9, 2021 granting leave to amend the complaint, plaintiff shall file and serve its opposition to the revised motion by February 10, 2022. Defendants' reply shall be filed and served by February 16, 2022. Defendant is advised to reformat its separate statement to include only material an...
2021.12.16 Motion to Strike False and Irrelevant Words and Phrases from SAC, Demurrer 256
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2021.12.16
Excerpt: ...nts Cerego, Inc. and Eric Young's "Motion To Strike False And Irrelevant Words And Phrases From Plaintiff Paul Henry's Second Amended Complaint" is decided as follows: Defendants' motion to strike references to Defendant Young and "Defendants" is moot. In the companion ruling on Defendants' demurrers, the Court grants Plaintiff leave to amend regarding Young's liability under the alter ego doctrine. Defendants' motion to strike Plaintiff's prayer...
2021.12.16 Motion to Vacate and Set Aside Default, Judgment or for Leave to File Complaint-in-Intervention 199
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2021.12.16
Excerpt: ...Set Aside Default and Default Judgment is GRANTED in part and DENIED in part. Intervenor's request for judicial notice is granted as to Exhibits A and B (secretary of state documents). (Evidence Code section 452(c).) Plaintiffs' objections to Intervenor's request for judicial notice is sustained as Exhibit N (the trial court order in James Greely v. Asbestos Defendants, San Francisco Superior Court Case No. CGC‐10‐275502). The trial court ord...
2021.12.15 Motion for Prejudgment Interest 228
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.12.15
Excerpt: ...for prejudgment interest pursuant to Civil Code sec. 3287(a) is granted. (See North Oakland Medical Clinic v. Rogers (1998) 65 Cal.App.4th 824, 830‐831 [motion for prejudgment interest may be made "in the form of a motion for new trial no later than the time allowed for filing such a motion"].) Plaintiff was entitled to the $9,523,465 deposit and $968,715 in delay liquidated damages on November 30, 2020, when it made its demand. (See Supervalu,...
2021.12.13 Motion to Compel Arbitration, to Dismiss or Stay Pending Outcome of Arbitration 239
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.12.13
Excerpt: ...s Paid** Defendant IGS Solutions, LLC ("IGS") motion to compel arbitration and stay is denied as to plaintiff Timbal. "Arbitration is a matter of contract [and] when presented with a motion to compel arbitration, the court's first task is to determine whether the parties have entered into an agreement to arbitrate their claims." (Avery v. Integrated Healthcare Holdings, Inc. (2013) 218 Cal.App.4th 50, 59; CCP 1281.2 [court determines existence of...
2021.12.13 Motion for Determination of Good Faith Settlement, to Seal 663
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.12.13
Excerpt: ...-Clyde & Associates (1985) 38 Cal.3d 488: (1) the decedent and non-settler Mitchell Engineering both appear to have major shares of the proportionate liability; (2) a significant amount is being paid by the settling defendants; (3) the plaintiffs - decedent's four adult children - do not disagree re settlement allocation; (4) settlers should pay less in settlement than they would after trial (but based on my experience in San Francisco wrongful d...
2021.12.09 Motion for Summary Judgment 898
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2021.12.09
Excerpt: ...t possess, and cannot reasonably obtain, needed evidence that he was exposed to asbestos containing products attributable to Defendant. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 855.) Defendant failed to address Plaintiff's deposition testimony that between 1983‐1985, he unloaded and stacked bags of Durabond on Union Pacific Railcars and cleaned out the cars after unloading them, creating visible dust. (Gold Declaration, Ex A. at 1...
2021.12.09 Motion for Summary Judgment 801
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2021.12.09
Excerpt: ...Defendant failed to sustain its burden of showing that Plaintiffs do not possess, and cannot reasonably obtain, needed evidence that decedent Robert Mingram was exposed to asbestos containing products attributable to Defendant. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 855.) Robert Cantley's testimony that he worked with decedent at one job site in the early 1960s versus the declaration of Valerie Howerton Miller stating that Defenda...
2021.12.07 Motion to Vacate Void Default Judgment, for Reconsideration 309
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.12.07
Excerpt: ...d to the plaintiff, if there is no answer, cannot exceed that demanded in the complaint, in the statement required by Section 425.11, or in the statement provided for by Section 425.115"; see also Code Civ. Proc. sec. 585(a) [same].) "In all default judgments, the demand sets a ceiling on recovery." (Greenup v. Rodman (1986) 42 Cal.3d 822, 824.) "Because that ceiling is jurisdictional, a default judgment is void when the damages are in excess of ...
2021.12.07 Demurrer, Motion to Strike 602
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.12.07
Excerpt: ...ration Limited, that was to be acquired by a third party, and that after the predicted sale failed to materialize, defendant falsely promised to remit a portion of his investment and to enter into a repayment plan, but never repaid the funds. In the sixth cause of action for violation of California Penal Code section 496, plaintiff alleges that defendant has unlawfully converted his $60,000 investment to her own use, and that he is entitled under...
2021.12.03 Motion to Strike, for Good Faith Settlement 770
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.12.03
Excerpt: ...d. Plaintiffs sued Milgard for equitable indemnity and associated counts. Milgard made a CCP 998 offer for waiver of fees and costs. Plaintiffs did not accept, then lost Milgard's motion for judgment on the pleadings - a loss that involuntarily dismissed Milgard and made it the prevailing party. Plaintiffs fail to carry their burden to show that the CCP 998 was a bad-faith token offer. (Santantonio v. Westinghouse Broadcasting Co., Inc. (1994) 25...
2021.12.03 Motion to Compel Discovery Responses 175
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.12.03
Excerpt: ..., 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 fax or consent to si...
2021.12.03 Demurrer 849
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.12.03
Excerpt: ... the first amended complaint (FAC) are overruled and sustained as follows: Duty: As defendant notes, duty is an element of a professional negligence cause of action, but the FAC does not purport to plead that cause of action. Duty is not an element of causes of action pled by the FAC. (See, e.g., CACI 1704, 1900, 1903, 1600.) Intentional Interference With Contractual Relations (5). An element of this tort is that defendant's intentional acts were...
2021.12.02 Motion to Set Aside Default, Judgment, for Leave to Defend 091
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2021.12.02
Excerpt: ...laint‐In‐Intervention is GRANTED in part and DENIED in part. Proposed Intervenor's request for judicial notice is granted as to Exhibits A and B. (Evidence Code section 452(d).) Plaintiff's objection to Intervenor's request for judicial notice is denied as to Exhibits J and M based on relevance. (Evidence Code section 352.) Intervenor's objection to Plaintiff's Exhibit A to its opposition is sustained based on relevance. (Evidence Code 352.) ...
2021.12.02 Demurrer 273
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.12.02
Excerpt: ... for false promise are overruled. Paragraphs 41 and 49 of the First Amended Complaint plead the fraud allegations with sufficient particularity. Plaintiff alleges that defendant made oral false representations to it at a meeting on November 6, 2013. Plaintiff specifically identifies the multiple false statements. While plaintiff originally believed that Mr. Dayton may have had a part in making those representations and now believes he did not, de...
2021.12.01 Demurrer 076
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.12.01
Excerpt: ...ls. Plaintiff fails to state specific facts, and her claim for personal injuries is time‐ barred as stated above. Plaintiff's cause of action for intentional destruction or loss of personal property and effects fails. All Plaintiff alleges is that Defendants told her they did not have her property and that they "discarded her property" 20 days after dismissing her from the facility. (FAC at par. 76.) This is not a cognizable claim for property ...
2021.12.01 Application for Right to Attach Order, for Issuance of Writ of Attachment 657
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.12.01
Excerpt: ...ach Order And Issuance Of Writ Of Attachment & Payment For Court Reporter Fee. (Tentative Ruling Purposes Only Part 3 Of 3) Finally, Plaintiff shall file a bond in the amount of $10,000. (See Code Civ. Proc. sec. 489.220(a) ["Except as provided in subdivision (b), the amount of an undertaking filed pursuant to this article shall be ten thousand dollars ($10,000].") CSF requests the Court to order Plaintiff to post a bond in the amount of $1,000,0...
2021.11.30 Petition to Vacate Arbitration Award 601
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.30
Excerpt: ... was to decide were limited to (1) whether petitioner "violate[d] the collective bargaining agreement" and (2) "[i]f so, what shall the remedy be?" However, the award found violations of "federal law." The arbitrator thus exceeded his powers and the award must be vacated. (CCP 1286.2(a)(4); Delta Lines, Inc. v. International Brotherhood of Teamsters (1977) 66 Cal.App.3d 960; see also California Dept. of Human Resources v. Service Employees Intern...
2021.11.30 Motion to Dismiss for Failure to Prosecute Action 560
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.30
Excerpt: ...t St. Paul Fire and Marine Insurance Co.'s "motion to dismiss for failure to prosecute action" is denied. First, dismissal under CCP 583.410 and 583.420 is discretionary and California's courts have long had a strong policy of deciding cases on their merits. (Denham v. Sup. Ct. (1970) 2 Cal.3d 557, 564; Woolfson v. Personal Travel Service, Inc. (1971) 3 Cal.3d 909, 912.) Second, the motion is belated; it complains that the suit was served in Augu...
2021.11.24 Motion for Issuance of Letter of Request for International Judicial Assistance 341
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.24
Excerpt: ...ts 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 telephone,...
2021.11.23 Motion to Vacate Order Granting Motion to Quash 312
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.23
Excerpt: ... mistake, inadvertence, surprise, or excusable neglect within the meaning of Code of Civil Procedure section 473(b). Indeed, the evidence demonstrates that plaintiff was aware of the motion but made a tactical decision not to respond to it. (Lavoipierre Decl., Ex. B ["I do have actual notice of your motion to quash, and actual notice that you have set a hearing thereon for August 6, 2021. Be advised and able to inform whomever requests this infor...
2021.11.19 Motion to Compel Further Responses 961
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.19
Excerpt: ...o 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 Superior Court Judge. If a p...
2021.11.18 Motion to Compel Responses 280
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.18
Excerpt: ...ompel on less than the 16 court days (plus two days for service) notice required by Code of Civil Procedure section 1005(b), did not oppose the motion on its merits, and stood on its objection on timeliness grounds at the hearing and in subsequent briefing before the judge pro tem. Under the circumstances, the objection is preserved. (See, e.g., Weinstein v. Blumberg (2018) 25 Cal.App.5th 316, 320-322 [party that objected that motion to compel wa...
2021.11.17 Motion to Seal Records, to Stay or Dismiss 264
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.17
Excerpt: ...nt. Plaintiff's unopposed motion to seal records lodged in support of Plaintiff's opposition to defendants' motion to stay or dismiss verified complaint is granted. No opposition filed and the motion complies with California Rules of Court, Rules 2.550 and 2.551. The Court finds that there exists an overriding interest that overcomes the right of public access to the portions of the records to be sealed; the overriding interest supports sealing t...
2021.11.17 Motion to Compel Production of Docs, for Sanctions 935
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.17
Excerpt: ... Requests For Production Of Documents From Plaintiffs Forward Food Group, LLC And FFG Restaurant Group, Inc. And For Sanctions. Pro Tem Judge Peter Catalanotti, 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 ...
2021.11.17 Demurrer 486
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.17
Excerpt: ... immune from this suit. The doctrine of judicial immunity has been extended to arbitration organizations such as AAA because they perform ''the function of resolving disputes between the parties, or of authoritatively adjudicating private rights.'' (In re Marriage of Assemi (1994) 7 Cal.4th 896, 909 (citation omitted); see also Stasz v. Schwab (2004) 121 Cal.App.4th 420, 430 [same].) Petitioner therefore cannot maintain this action against AAA. P...
2021.11.16 Motion to Quash Subpoena, for Monetary Sanctions 905
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.16
Excerpt: ...dge Seeking Plaintiff's Medical And Penitential Records; Request For Monetary Sanctions In The Amount Of $1,435 Against Counsel For Defendant And Defendant. 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 ...
2021.11.16 Motion to File SAC 440
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.16
Excerpt: ..., the trial court has the discretion to hear and determine motions to amend the pleadings. (Clark v. Baxter Healthcare Corp. (2000) 83 Cal.App.4th 1048, 1055‐1056; see also Dye v. Caterpillar, Inc. (2011) 195 Cal.App.4th 1366.) The court notes that Plaintiffs previously declined to seek leave to amend, as the Court of Appeal observed. (See slip op. at 8 [Plaintiffs "disclaimed any intention to amend their claims"]). The court further notes that...
2021.11.12 Petition for Writ of Mandate, Prohibition, Certification 388
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.12
Excerpt: ...ve [sic] mandamus" is sustained on each of its three grounds. First, the petition is unverified and thus procedurally defective. Second, a writ of administrative mandamus addresses a "final administrative order or decision made as a result of a proceeding in which by law" a hearing is held, evidence taken and facts determined. (CCP Sec. 1094.5(a).) The filing and recording of title documents is not such an order or decision, so the petition fails...
2021.11.12 Petition for Relief from Provision of Government Code 587
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.12
Excerpt: ...er relieving petitioners from the provisions of Government Code section 954.4 [sic]" is granted. Petitioners ‐ adult children of Richard Selph ‐ allege that dangerous road conditions on San Francisco's Market Street caused him to lose control of a motor scooter and crash on December 30, 2020. He died January 19, 2021. On May 18, 2021, Selph's widow filed a timely claim against the City and County of San Francisco. However, the four petitioner...
2021.11.12 Demurrer, Motion to Seal Docs 931
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.12
Excerpt: ...(1999) 71 Cal.App.4th 1335, 1339.) While a "tort claim can be consolidated with a pending dissolution action under suitable circumstances," no consolidation is sought here. (Id.) Release. Peter argues that Keri's civil claims were released by a family law settlement, but that agreement expressly excepts "all civil claims" from release. (Agmt. para. 7.1) Peter's recharacterization of Keri's civil claims as "family law" claims would effectively rea...
2021.11.10 Motion to Consolidate 665
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.10
Excerpt: ...e "Reynolds" action) for all purposes is granted. The Court designates case CGC‐20‐588665 as the lead case and all future filings shall be made under that case number. Under Code of Civil Procedure section 1048, the Court has broad discretion to consolidate actions with common questions of law or fact. (National Elec. Supply Co. v. Mt. Diablo Unified School Dist. (1960) 187 Cal.App.2d 418, 421.) In this case, it is undisputed the two actions ...
2021.11.10 Motion for Summary Judgment 899
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2021.11.10
Excerpt: ...ng product for which Defendant may be liable. Defendant has failed to shift the burden on this ground. Based on Plaintiff's deposition testimony, which is the only evidence Defendant offers, Defendant has not shown that Plaintiff does not possess, and cannot reasonably obtain, needed evidence that he was exposed to asbestos containing products attributable to Defendant. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 855.) Plaintiff testif...
2021.11.08 Motion to Set Aside or Vacate Judgment 300
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.08
Excerpt: ...February 2, 2021 is denied as untimely. The motion was brought on October 4, 2021 under Code of Civil Procedure section 473(b) on grounds of mistake, inadvertence, surprise or excusable neglect. "Application for this relief . . . shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken." (Code Civ. Proc. Sec. 473(b) (emphasis added).) "The six‐month limit is mandatory...
2021.11.05 Motion for Summary Judgment, Adjudication 770
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.05
Excerpt: ...material fact as to their cause of action for equitable indemnity. (See Cal. Code Civ. Proc. Sec 437c(c).) In October 2019, following an arbitration proceeding regarding an underlying construction defect claim initiated by Claimant Armstrong Place Townhomes Association against Plaintiffs, Claimant and Plaintiffs entered into a settlement agreement. Plaintiffs seek equitable indemnity from Defendants for a portion of $12 million paid under the set...
2021.11.03 Request for Relief from Entry of Default 996
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.03
Excerpt: ...te entry of default is denied. Plaintiff fails to prove by a preponderance of the evidence any basis for equitable relief. (Iott v. Franklin (1988) 206 Cal.App.3d 521, 528 ["The burden of establishing [mistake, inadvertence, surprise or excusable neglect] is upon the party seeking relief who must prove it by a preponderance of the evidence."].) Plaintiff failed to file a responsive pleading within 30 days of being served with Defendant's cross-co...
2021.11.03 Petition to Compel Arbitration 592
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.03
Excerpt: ...pending since 2019. Any delays or other issues that arise in the arbitration must be addressed by the arbitrator. "An arbitration has a life of its own outside the judicial system. The trial court may not step into a case submitted to arbitration and tell the arbitrator what to do and when to do it." (Titan/Value Equities Group, Inc. v. Superior Court (1994) 29 Cal.App.4th 482, 487‐489 [holding trial court exceeded its jurisdiction when it atte...
2021.11.02 Motion to Strike 013
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.02
Excerpt: ...o strike is granted without leave to amend as to the request for attorney's fees. Plaintiff does not plead any legal, statutory, or contractual basis to recover fees in his individual capacity. Plaintiff's cases regarding private attorney general fees are inapposite. If plaintiff subsequently discovers a basis for fees, he may seek leave to amend. The remainder of the motion to strike is denied. The promissory fraud claim supports the request for...
2021.11.01 Motion to Stay Proceedings 543
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.01
Excerpt: ...employer and an employee arising out of their contractual relationship." (Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 386.) Rather, it is "a dispute between an employer and the state, which alleges directly or through its agents‐either the [Labor and Workforce Development] Agency or aggrieved employees‐that the employer has violated the Labor Code." (Id. at 386‐387.) "Because a PAGA claim is representative and doe...
2021.11.01 Motion for Summary Judgment, Adjudication 238
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.01
Excerpt: ...nsmitted disease, human papillomavirus (HPV), that has required and will continue to require multiple painful procedures to treat. He brings causes of action against Defendant for negligence and "intentional tort." He now seeks summary judgment on the ground that Plaintiff cannot satisfy the causation requirement of each of those causes of action because he cannot establish that Defendant was the source of his HPV infection. In the alternative, D...
2021.10.29 Motion to Stay Pending Arbitration 345
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.10.29
Excerpt: ...rney general case is granted. Claims alleging largely the same conduct by the same defendants under the same wage and hour laws were ordered to arbitration a year ago. Plaintiff filed a putative class action on February 21, 2020. Plaintiff's individual claims were ordered to arbitration on October 7, 2020 and the class action was stayed. Plaintiff filed this PAGA action with largely the same wage and hour allegations on August 4, 2020. Both sides...
2021.10.29 Motion to Lift Stay 266
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.10.29
Excerpt: ... lift stay" is denied. The legal terrain has not shifted since plaintiffs' last effort to lift the stay earlier this year. The case in this court is a private attorney general wage‐and‐hour action on behalf of AutoZone store managers. Similar actions filed earlier in other courts caused our court to stay this case back in 2016. Our parties have lately focused on a Central District case: Alvarez v. AutoZone, Inc. Plaintiffs say a recent discov...
2021.10.29 Motion for Summary Judgment, Adjudication 831
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.10.29
Excerpt: ...nt is denied. Champion's motion for summary adjudication is granted on the premises liability cause of action as conceded. The motion for summary adjudication is denied on the negligence claim. There is a triable issue of material fact regarding whether Champion breached its duty to provide overhead protection and whether that breach proximately caused injury to plaintiff. Plaintiff's employer (AC Enterprises) retained Champion to "Furnish, set u...
2021.10.28 Motion to Set Aside Default, Judgment, for Leave to Defend 299
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.10.28
Excerpt: ...ly 28, 2020, so vacating only the default judgment serves little purpose. (See Howard Greer Custom Originals v. Capritti (1950) 35 Cal.2d 886, 889 ["The setting aside and vacating the judgment alone, which was all the relief sought in said motion, would have been an idle act, because the default . . . would have stood undisturbed. . . . . If the judgment were vacated it would be the duty of the court immediately to render another judgment of like...
2021.10.27 Motion to Strike Complaint, to Quash Service of Summons or Stay or Dismiss 652
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.10.27
Excerpt: ...ges must allege specific facts to support the prayer. (See G.D. Searle & Co. v. Superior Court (1975) 49 Cal.App.3d 22, 29; Cyrus v. Haveson (1976) 65 Cal.App.3d 306, 316‐317.) Here, plaintiff's allegations are conclusory and do not plead sufficient ultimate facts regarding how defendants authorized or ratified the attack or were on notice that such an attack would ensue but consciously disregarded the danger. (See Complaint, pars. 30, 35, 40.)...
2021.10.25 Motion for Judgment on the Pleadings 557
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.10.25
Excerpt: ...mplaint, he still has not filed it with the Court. (See Code Civ. Proc. Sec. 438(f)(1) [motion for judgment on the pleadings made be made, if the moving party is a plaintiff, only if "the defendant has already filed his or her answer to the complaint"]; Sec. 438(c)(1)(A) [a plaintiff may move for judgment on the pleadings when "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer doe...
2021.10.25 Demurrer 116
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.10.25
Excerpt: ...ly construes the complaint pursuant to Code Civ. Proc. Sec. 452. Plaintiff seeks to have the resolution confirming Leung as President of the Yeong Wo Association invalidated, which would cause Leung to lose his position as President of that organization. Leung is therefore properly named in this action. (See Washington Mutual Bank v. Blechman (2007) 157 Cal.App.4th 662, 667 ["A person is an indispensable party to litigation if his or her rights m...
2021.10.25 Demurrer 028
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.10.25
Excerpt: ...ants") demurrer to the Second Amended Complaint ("SAC") is sustained in part and overruled in part. Defendants' request for judicial notice is granted. Defendants' demurrer on the basis of the statute of limitations is overruled. Defendants Urban Green Investments, LLC, Peter W. Hagist, and David P. McCloskey's demurrer on the basis of Corporations Code section 17707.07 is sustained with leave to amend. Defendants' demurrer to the fourth cause of...
2021.10.22 Motion to Compel Responses 749
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.10.22
Excerpt: ...t forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the ...
2021.10.21 Motion to Compel Compliance with Discovery Orders 896
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.10.21
Excerpt: ... 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 fa...
2021.10.14 Motion to Quash Service of Summons or Stay or Dismiss 898
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2021.10.14
Excerpt: ...NIED. Plaintiff has failed to meet his burden of showing that service on PCNA was effective service on Porsche AG as CT Corporation is not the agent for service of process for Porsche AG. Further, Plaintiff has failed to satisfy the requirement of Code of Civil Procedure section 416.10(b) for service on Porsche AG. Even after being given the opportunity to conduct jurisdictional discovery, Plaintiff has failed to present sufficient evidence that ...
2021.10.08 Motion for Summary Judgment 973
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.10.08
Excerpt: ...nd 18-20.) It further shows that it has no involvement with the decisions of General Council affiliated churches (e.g. Golden Gate) or District Council affiliate churches (e.g. Homeless Church) when those churches invite guest pastors to conduct their services. (Id., pars. 14-15.) In opposition, plaintiffs rely on the Constitutions and Bylaws of the Homeless and Golden Gate churches to aver that AGNCN had sufficient control over them and Wegmann ...
2021.10.06 Motion for Leave to Intervene 976
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.10.06
Excerpt: ...motion to abate and stay Wasdin's separately‐filed action, Wasdin v. Pacific Gas and Electric Company, et al., No. CGC‐21‐591030, and its August 16, 2021 order denying Wasdin's motion to consolidate that action with the instant action. Wasdin cites no statutory or case authority supporting her contention that an heir should be permitted to intervene in a wrongful death action brought by the personal representative. Her position is irreconci...
2021.10.06 Demurrer, Motion for Preliminary Injunction 061
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.10.06
Excerpt: ...inst the Directors individually is overruled. Code of Civil Procedure Sec. 425.15(a) states, "[n]o cause of action against a person serving without compensation as a director or officer of a nonprofit corporation described in this section, on account of any negligent act or omission by that person within the scope of that person's duties as a director acting in the capacity of a board member [ ]." (Code Civ. Proc. Sec. 425.15(a)(emphasis added).)...
2021.10.01 Motion for Judgment on the Pleadings 559
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.10.01
Excerpt: ...e policies per Evidence Code sec. 452(h) because both parties refer to the policy and its terms are unambiguous. (See Ingram v. Flippo (1999) 74 Cal.App.4th 1280, 1285, fn.3 [taking judicial notice of letter that was referenced in complaint (but not attached) where both parties referred to the letter and quoted from it]; Defendant's RJN, Exs. 1-5 [policies].) In addition, the parties stipulated that the court may refer to the policies. Defendant ...
2021.09.29 Motion to Compel Arbitration and Stay Action Pending Arbitration 209
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.29
Excerpt: ...'s motion for an order compelling arbitration of plaintiff's claims on an individual basis and dismissing without prejudice all of Plaintiff's claims is granted as unopposed. Defendants' motion for an order staying all proceedings on Plaintiff's representative claims for civil penalties under the California Private Attorneys' General Act of 2004 pending completion of the arbitration is granted. (9 U.S.C. Sec. 3 [stay mandatory under FAA]; see Fra...
2021.09.27 Demurrer, Motion to Strike 543
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.27
Excerpt: ...t to Code of Civil Procedure Section 452. In addition, the Court accepts plaintiff's allegations as true when ruling on a demurrer. (See Curtis T. v. County of Los Angeles (2004) 123 Cal.App.4th 1405, 1412, fn. 3.) Plaintiff alleges that defendant's employee/agent acted with an intent to harm plaintiff when he reached for his service weapon, positioned himself to shoot plaintiff, and then disclosed that defendant has a policy to shoot African Ame...
2021.09.24 Motion to Require Filing of Amendment to FAC 483
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.24
Excerpt: ...filing of amendment to first‐amended cross‐complaint [FACC] of defendants/cross‐ complainants Olivier Auffret and Virginie LeClair" is denied. On May 7, 2021, summary judgment was granted on the FACC on statute‐of‐limitations grounds. It is argued that the court has "inherent authority" to "reconsider that order of summary judgment," but the time for reconsideration has long passed. (CCP 1008.) In any event, reconsideration would not ch...
2021.09.24 Motion to Enforce Liability on Bond Fee 368
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.24
Excerpt: ...ants Pamela Whitehead and Melinda Nykamp's motion to enforce liability on bond is granted. Plaintiff Irving Zaretsky, as principal, and the Philadelphia Indemnity Company, as surety, are jointly and severally liable on bond number PB11753400411 in the amount of $250,000 to Ms. Whitehead and Ms. Nykamp. The statement of decision and judgment issued by Judge Bolanos show beyond dispute that I erred in issuing a preliminary injunction in 2016 constr...
2021.09.22 Motion to Set Aside Default, Judgment, for Leave to Defend 963
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.22
Excerpt: ...s granted. Defendant shows that the default was taken through inadvertence or excusable neglect by his counsel, who had scheduling issues due to her family staying longer over the Memorial Day weekend than expected. (Sakai Decl., par. 10.) Plaintiff fails to show any prejudice that would result from setting aside the default. "[T]he Supreme Court has recognized that if a defendant promptly seeks relief . . . and there is no showing of prejudice, ...
2021.09.20 OSC Re Contempt 080
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.20
Excerpt: ... a motion for reconsideration of the Court's July 12, 2021 anti‐SLAPP ruling, in a hearing on that motion, and in briefs filed in purported support of plaintiffs' motion to tax costs, in opposition to defendants' motion for an award of attorneys' fees, and in opposition to the Kern Segal Defendants' anti‐SLAPP motion and demurrer, Attorney Ison made numerous statements that are "contemptuous on [their] face." (In re Buckley (1973) 10 Cal.3d 2...
2021.09.20 Motion to Compel Provision of Privilege Log and Billing Invoices 193
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.20
Excerpt: ...rt and recommendation of the judge pro tem is adopted. Plaintiffs' motion to compel defendants to produce all billing invoices sent to Andy Li, Sunrock Capital LLC, and Li's Capital LLC and to provide a privilege log for any billing invoices withheld on privilege or work‐product grounds is granted in part and denied in part. In its April 22, 2021 order, the Court denied Plaintiffs' motion to compel production of documents, "other than as to RFP...
2021.09.20 Motion for Leave to Amend Complaint 550
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.20
Excerpt: ...dant sufficient time to file a motion for summary adjudication of the claim for punitive damages. The court believes that the stated condition is appropriate to avoid prejudice to defendant in light of the approaching November 15, 2021 trial date, particularly in light of plaintiff's lack of diligence in conducting discovery and delay in seeking leave to amend since discovering the alleged factual basis for the claim in April 2021. The Court decl...

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