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2023.04.20 Motion to Compel Answers and Production of Docs at Deposition, for Monetary Sanctions 651
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.04.20
Excerpt: ...lood And Imposing Monetary Sanction. Pro Tem Judge John-Paul Deol, a member of the California State aar 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 bef...
2023.04.20 Motion for Sanctions, to Designate Vexatious Litigant and Enter Pre-Filing Order 042
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.04.20
Excerpt: ...f's motion for sanctions pursuant to CCP 128.7 is denied. A CCP 128.7 motion involves a two-step process. The moving party first serves the sanctions motion on the offending party without filing it. The opposing party then has 21 days to withdraw the improper pleading and avoid sanctions ("safe harbor" waiting period). At the end of the waiting period, if the pleading is not withdrawn, the moving party may then file the motion. (CCP 128.7(c)(1); ...
2023.04.18 Motion for Judgment on the Pleadings 492
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.04.18
Excerpt: ... of action: "Violation of Proposition 65." The motion pleads one issue: statute of limitations - Karman says it is one year, plaintiff four. Both sides' briefs vex. Karman's memorandum repeatedly miscites its key case Shamsian v. Atlantic Richfield Co. (2CG) 107 Cal.App.4th 957 as being at 132 Cal.App.4th. (Memo. 4:28, 5:15.) Plaintiffs opposition lacks page numbers and key pin cites and is garbled (see, e.g., id. at 3:18). Shamsian arrived at a ...
2023.04.17 Motion for Clarification, Reconsideration of Order Adopting Discovery Referee's Report 714
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.04.17
Excerpt: ...ort And Recommended Order No. 9. "Plaintiffs motion for clarification and/or reconsideration of the February 10, 2023 court order adopting the discovery referee's report and recommended order no. 9" is denied. A reconsideration motion must be "based upon new or different facts, circumstances, or law" and a valid reason for not presenting them earlier. (CCP Gilberd v. AC Transit (1995) 32 Cal.App.4th 1494, 15CL) The moving party shall state by aff...
2023.04.14 Motion for Summary Judgment 950
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2023.04.14
Excerpt: ...dant. The Court considered Exhibits A and B to the Hopwood Declaration submitted in support of the motion. The Court also considered Exhibits B, C, and D to the Rose Declaration submitted in opposition to the motion. (See C.C.P. section 437c(c).) Defendant fails to sustain its initial burden of showing that Plaintiffs do not possess, and cannot reasonably obtain, needed evidence that Decedent was exposed to asbestos-containing products attributab...
2023.04.14 Demurrer 935
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.04.14
Excerpt: ...accommodations." Brown v. Smith (1997) 55 Cal.App.4th 757, 786-787; see also Civil Code sæ. 51 et seq. Defendants argue that plaintiff does not plead sufficient facts showing that he was discriminated against because of his race. See e.g., Reply at 2 (plaintiff fails to allege conduct was "substantially motivated by his race"). But as noted below, the amended complaint at Para. 30 alleges exactly that. In any event, the court must liberally cons...
2023.04.14 Demurrer 393
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.04.14
Excerpt: ... of action for "intentional tort" fail under CCP 430.10(e) and are barred because Illing failed to seek administrative remedies in California. Mat. 3:7-15. Illing argues that HSS "is not actually a functioning independent legal entity" and that the employees conduct which created an alleged hostile work environment "must be imputed to the Harvey Defendants." Opp„ 3:8-26. [The Harvey defendants were dismissed on jurisdictional grounds (Reply, 2:...
2023.04.12 Motion to Compel Further Responses, for Sanctions 719
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.04.12
Excerpt: ...Defendants Requests For Production, Set One; 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 Pro Tem Judge. If all parties to the motion sign the stipulation...
2023.04.12 Demurrer 170
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.04.12
Excerpt: ... a legal doctrine that imposes liability on persons who, although not actually commi«ng a tort themselves, share with the immediate toržeasors a common design or plan in its perpetraŸon." (Applied Equipment Corp. v. Li©on Saudi Arabia Ltd. (1994) 7 Cal.4th 503, 510-11.) The SAC pleads a common design and plan by "All Defendants" to "commit fraud, conversion and civil theL." (Id. at 20:11-19.) Being among "All Defendants" (SAC 2:1-12), Ms...
2023.04.07 Motion to Stay Arbitration Pending Litigation 105
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.04.07
Excerpt: ...: which was ordered March 9 2020: until the court in a separate proceeding pending in the Orange County Superior Court adjudicates Davis's claims that Defendant Yungi Qian and others fraudulently induced Davis to stipulate to the JAMS arbitration and Defendant Qian (and others) breached the arbitration contract. Davis asserts that if she prevails in the Orange County action: she will be vested with authority to void the arbitration stipulation. D...
2023.04.06 Demurrer 604
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.04.06
Excerpt: ...OBERT F. HINKS THIRD AMENDED COMPLAINT Defendant's demurrer to the third amended complaint's (TAC) second, third and fourth causes of action is sustained in part and overruled in part; plaintiff is given leave to amend. The TAC adequately pleads a FEHA harassment claim. (ld. at 12:8-12, 10:24-11:11, 13:20-14:18.) Harassment can be based on offensive oral communications in the workplace. (Roby v. McKesson Corp. (2009) 47 Cal.4th 686, 706.) The TAC...
2023.04.05 Motion to Compel Arbitration and Stay Proceedings 537
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.04.05
Excerpt: ... is granted. The proceedings are ordered stayed pending the outcome of arbitration. The parties agree that the arbitration provision is governed by the Federal Arbitration Act. (Def.'s at 5; Pl.'s opp. at 6:16.) under the FAA, agreements to arbitrate are "valid, irrevocable and enforceable save upon such grounds as exist at law or equity for the revocation of any contract." (9 U.S.C. sec. 2.) Plaintiff Daniela L. Rivera Velasco (Velasco) argues t...
2023.04.05 Motion to Quash Service of Summons and Complaint 335
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.04.05
Excerpt: ...e the default (entered on 3/3/21) and default judgment (entered on 10/14/21) is granted. "Compliance with the statutory procedures for service of process is essential to establish personal jurisdiction. Thus, a default judgment entered against a defendant who was not served with a summons in the manner prescribed by statute is void." (Am. Express Centurion Bank v. Zara (2011) 199 Cal.App.4th 383, 387.) A court may vacate a void default/default ju...
2023.03.29 Motion to Compel Arbitration and Stay Proceedings 533
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.03.29
Excerpt: ...rms of service agreement (Coombs Decl., 5:7-8), and in addition, she was also bound by a later January 18, 2021 terms of service agreement (See MPA, fn. 2)-with both governing her use of the Lyft application, website, and technology platform. (ld. at Ex. 2.) Plaintiff states that she did not use the Lyft to ordera ride on August 18, 2019, when the yftdriver ran over her foot. (See Mancillas Decl„ 1:22.) Defendant's reply does not refute Plainti...
2023.03.28 Motion to Compel Further Responses 641
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.03.28
Excerpt: ...y 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 fax or consen...
2023.03.28 Demurrers, Motions to Strike 574
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.03.28
Excerpt: ...n to strike is granted without leave to amend. Plaintiffs complaint describes at most, careless conduct in the collecting of trash. Such allegations are insufficient to impose punitive damages. (See Pacific Gas and Electric Company v. Superior Court (2018) 24 Cal.App.5th 1150, 1170 (Butte Fire Cases) ["Punitive damages are appropriate if the defendant's acts are reprehensible, fraudulent or in blatant violation of law or policy. The mere careless...
2023.03.24 Motion for Summary Adjudication 209
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.03.24
Excerpt: ...he defendant has been guilty of oppression: fraud: or malice. " A defendant does not need to act intentionally for punitive damages to be found; a showing of malice is sufficient to support a claim for punitive damages Pfeiferv_ John Crane: Inc. (2013) 220 CalApp_4th 1270: 1299. "Malice" is "conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carned on by the defendant with a willful and cons...
2023.03.20 Motion for Attorney Fees 007
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.03.20
Excerpt: ...yer, Aung lost on summary judgment. With the lavwerls withdrawal, she is pro per again. In court, Aung has appeared unsophisticated and confused. Government Code 12965(c)(6) gives a court discretion to award attorney fees to a prevailing FEHA defendant. I decline to exercise that discretion here for three reasons. First, Piteau insists he is "entitled" to $48,982.50 in attorney fees from Aung 'based on the friwlous nature" of her claims. (Memo. 5...
2023.03.15 Motion to Compel Further Responses, for Protective Order, for Relief from Waiver, for Sanctions 605
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.03.15
Excerpt: ...) 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 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 dec...
2023.03.14 Motion to Dismiss for Failure to Service Summons and Complaint 906
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.03.14
Excerpt: ... complaint, Code of Civil Procedure section 583.420(a)(1)" is denied. CCP 583.420(a)(1) gives a court discretion to "dismiss an action" if "[s]ervice is not made within two years after the action is commenced against the defendant." Both sides recognize that, for a Doe defendant (as here), the clock starts with the original complaint's filing and that plaintiff may show "excusable delay." Here, the slip-and-fall plaintiff was pro per when she sue...
2023.03.14 Motion for Judgment on the Pleadings 457
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.03.14
Excerpt: ...as the Moving Party based on the same grounds in the pending motion." (Notice of Joinder, 1:24-25.) Defendant Wright is entitled to compel arbitration even though he is a nonsignatory to the terms of service. The amended complaint alleges that Wright was the employee/agent of Lyft, a party to the arbitration agreement. (Amended Complaint, pg. 4.) As an agent/employee, Wright is entitled to seek arbitration. (See Jenks v. DLA Piper Rudnick Gray Ca...
2023.03.13 Motion for Summary Judgment 200
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.03.13
Excerpt: .... I' (UMF 19.) "The papers are to be construed strictly against the moving party and liberally in favor ofthe opposing party; any doubts regarding the propriety of summary judgment are to be resolved in fawr of the opposing party." (Kulesa v. Castleberry (1995) 47 Cal.App.4th 103, 112.) "[T]he separate statement effectively concedes the materiality of whatever facts are included." (Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 252 (e...
2023.03.10 Motion for Leave to File SAC 170
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.03.10
Excerpt: ...2 Cal. App. 2d 527, 530 (1959). Weil & Brown, et al., California Practice Guide: Civil Procedure Before Trial 6:617, 5:653 (Rutter: 2022). The classic rule focuses on prejudice: "denying a request to amend a complaint may be appropriate when an unreasonable delay in seeking amendment prejudices the defendant." Payton, 27 Cal.App.5th at 849 (emphasis supplied). Defendant's claim of prejudice is conclusory and vague. Oppo. at 5:8-13. The essence of...
2023.03.09 Motion for Summary Judgment 800
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.03.09
Excerpt: ... Laabs v. City of Victorville (2008) 153 Cal.App.4th 1242, 1253 ["The pleadings delimit the issues to be considered on a motion for summary judgment."l.) Plaintiff failed to maintain his burden of production. (See CCP 437c(p)(1).) An order granting summary judgment terminates the action between the parties and results in an immediate, appealable judgment. (See CCP 437c(m)(1).) Plaintiff alleges causes of action for "preliminary injunction," "writ...
2023.03.07 Motion to Designate Material Highly Confidential Pursuant to Protective Order 850
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.03.07
Excerpt: ...a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same auth...
2023.03.01 Motion to Quash Service of Summons or Stay or Dismiss 114
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.03.01
Excerpt: ...te service by leaving the copy of the summons and complaint with the front desk clerk at the mailbox center "Postal Chase" in San Francisco on December 17, 2021. (Opp. 17-10:14.) Plaintiff also alleges the process server mailed the summons and complaint to that same address on December 18, 2021. (Id.) Defendant argues that service should be quashed because he was not served in accordance with CCP 415.20(b) because the "Postal Chase" address is no...
2023.02.28 Demurrer 714
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.02.28
Excerpt: ...dants - PAMF and Palo Alto Foundation Medical Group - are "[u]nder its control" and "its affiliates." (Id. at 3:4-6.) Further, the SAC pleads that the three defendants are plaintiff's joint employers, exercising "joint control over" his "wages, hours and working conditions." (Id. at 3:14-17.) Defendants argue that the SAC factually errs because they are "three separate and distinct entities" and not plaintiff's joint employers. (Memo. 5:25, 7:2-3...
2023.02.27 Motion to Compel Further Responses, for Monetary Sanctions 135
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.02.27
Excerpt: ...a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same auth...
2023.02.27 Motion for Summary Judgment, Adjudication 674
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.02.27
Excerpt: ...he motion's arguments in its prior orders. Duty. Eric argues that he "owed no duty to plaintiff." (Memo. 7:2.) However, on the Uber defendants' summary judgment motion, the court ruled: "Defendants owed Plaintiff a general duty of care in choosing where and how to offload the passengers." (5/5/22 Order 2:15-16.) Uber driver Eric was the defendant who offloaded the passengers, so this ruling obviously applies to him. Breach. Eric argues that "he d...
2023.02.27 Demurrer 286
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.02.27
Excerpt: ... a notion that it may demur to them. As to the two counts that are asserted against Lyft: The FAC adequately pleads a claim for negligent hiring, supervision and retention. California procedural law applies and it does not require the hyper-specific pleading Lyft advocates. Lyft cites three inapposite California demurrer cases. Aghaji v. Bank of America, N.A. (2016) 247 Cal.App.4th 1110 had 222 plaintiffs and 10 defendants. That is not, as Lyft a...
2023.02.24 Motion to Recover Attorney Fees and Costs 638
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.02.24
Excerpt: ...the senior partner, $425 for a more junior lawyer, and $90 for the legal assistant. The hours expended appear reasonable with these exceptions: 2.4 hours to re-do a mistaken complaint to change the date is unreasonable, and I will deduct that time (2.4 x 575). It is unreasonable to charge defendant for time to prepare for and attend an OSC which was caused by plaintiff's delay. For this I deduct 2.8 hours (2.8 x 475). The rates are reasonable for...
2023.02.24 Motion for Summary Judgment, Adjudication 480
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.02.24
Excerpt: ...vely, summary adjudication is denied as moot as to defendant Lobre. Plaintiff dismissed Lobre on 12/13/22. Defendant Har's motion for summary judgment/adjudication is denied. As explained in connection with Allstate's companion motion, there are triable issues of fact whether plaintiff can establish the claim for intentional interference with prospective economic advantage and the claim for punitive damages. (See Levin v. Gulf Ins. Group (1999) 6...
2023.02.23 Motion to Compel Production of Docs, for Monetary Sanctions 922
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.02.23
Excerpt: ....) 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 the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decid...
2023.02.22 Motion to Dismiss for Forum Non Conveniens 679
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.02.22
Excerpt: ...ant OPERADORA DE HOTELES LORETO, S. DE R.L. DE C.V (Operadora) is not a named party. It has no standing to bring this motion. The peculiarity of the situation is demonstrated by Operadora's argument that it is "not even licensed to do business in California" (Reply at 3:5) whereas the parties actually sued are so licensed. Opposition at 1:8 ff. 2. Even if Operadora were a party, its offer to stipulate to Mexico as a forum and to toll the statute ...
2023.02.21 Motion to Compel Arbitration and Dismiss or Stay Action Pending Completion of Arbitration 506
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.02.21
Excerpt: ...ion to compel arbitration is denied. "The party seeking to compel arbitration bears the burden of proving the existence of a valid arbitration agreement." (Cohen v. TNP 2008 Participating Notes Program, LLC (2019) 31 Cal.App.5th 840, 859.) Here, defendant fails to maintain its burden since it fails to establish the existence of the arbitration agreement (including the delegation clause). (See Malone v. Superior Court (2014) 226 Cal.App.4th 1551, ...
2023.02.17 OSC Re Preliminay Injunction 930
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.02.17
Excerpt: ... to be granted lightly. (See 8 Witkin, California Procedure (5th ed. 2008) p. 903; Tahoe Keys Property Owners' Assn. v. State Water Resources Control Bd. (1994) 23 Cal.App.4th 1459, 1471.) In particular, when a preliminary injunction is sought, the case has yet to be adjudicated, for "no trial on the merits" has been held. (Id.; SB Liberty, LLC v. Isla Verde Assn., Inc. (2013) 217 Cal.App.4th 272, 280.) Two "interrelated factors" are weighed "whe...
2023.02.17 Motion to Strike Punitive Damages 301
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.02.17
Excerpt: ...cause Defendant's employee sexually harassed and assaulted Plaintiff in the bathroom at Westfield Centre. The complaint pleads that Defendant's employee opened the bathroom stall door, watched Plaintiff, a dependent adult with physical and mental disabilities, as he was using the toilet, then minutes later "approached Plaintiff from behind, cranked up, and slammed Plaintiff in the back using his mop as a weapon," and thereafter, Defendant release...
2023.02.17 Demurrer 949
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.02.17
Excerpt: ...emurrer. (See CCP 452; Berger v. Varum (2019) 35 Cal.App.5th 1013, 1018 ["We accept as true all well-pleaded allegations in the operative complaint"].) Here, the amended complaint alleges ultimate facts that the period of time to submit a government claim was tolled during the contractual administrative process and the tolling ended on December 7, 2021. (Amended Complaint, pars. 8, 18.) The parties' agreement, which is attached to the amended com...
2023.02.16 Motion for Summary Judgment, Adjudication 969
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2023.02.16
Excerpt: ... Defendant in support of its motion. Plaintiffs lodged two objections to portions of Exhibit L, Deposition of Charles Ay from Harry Transue v. Asbestos Defendants, on hearsay, lack of foundation, personal knowledge, relevance, and speculation grounds. Plaintiffs' objections are overruled. Defendant fails to sustain its initial burden of showing that Plaintiffs' negligence cause of action has no merit on the ground that the affirmative evidence co...
2023.02.09 Motion for Summary Judgment 953
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2023.02.09
Excerpt: ...er Defendant's undisputed material fact No. 6 and No. 7 because they constitute argument, and the separate statement should include only material facts. (CRC 3.1350(d)(2).) The Court took judicial notice of Plaintiff's complaint enclosed as Exhibit A in Defendant's Initial Index of Exhibits. The Court considered Exhibits B through F of Defendant's Initial Index of Exhibits. The Court also considered Exhibits A through E of Defendant's Reply Index...
2023.02.07 Petition to Compel Contractual Arbitration and Stay Action Pending Completion 874
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.02.07
Excerpt: ...on Pending Completion Defendants' motion to compel arbitration and stay is denied. A party seeking to compel arbitration always bears the burden to establish the existence of a written agreement to arbitrate by a preponderance of the evidence. (See Rosenthal v. Great W. Fin. Sec. Corp. (1996) 14 Cal.4th 394, 413.) Here, defendants fail to maintain that burden. The only identified arbitration agreement pertains to an unrelated "construction agreem...
2023.02.03 Demurrer, Motion to Strike 451
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.02.03
Excerpt: ...uses of action two and three. Doe 2 alleges sufficient facts that SFUSD knew or should have known that defendant Chan was likely to engage in sexual abuse. (See Lopez v. Watchtower Bible & Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566, 591 ["To prevail on his negligent hiring/retention claim, [plaintiff] will be required to prove [defendant] knew or had reason to believe [the perpetrator] was likely to engage in sexual abuse. [citati...
2023.02.02 Motion for Summary Adjudication 982
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.02.02
Excerpt: ...econd cause of action is denied. The "complaint for declaratory relief" regards insurance coverage. In its complaint's first cause of action ‐ as to which summary adjudication is not sought ‐ "Allied World seeks a judicial determination that there is no coverage under the Allied World Umbrella Policy." (Id. at 11:18‐20.) In the second cause of action ‐ as to which summary adjudication is sought ‐ "Allied World seeks a judicial determina...
2023.02.01 Petition to Compel Arbitration 940
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.02.01
Excerpt: ...sue regarding whether petitioner complied with the grievance timing requirements of the parties' Collective Bargaining Agreement ("CBA"). That procedural issue is a matter for the arbitrator to decide. (See Local Joint Exec. Bd. v. Mirage Casino‐Hotel, Inc., 911 F.3d 588, 596 (9th Cir. 2018) [explaining that "timeliness, waiver, and other 'gateway' procedural matters growing out of the dispute are for [the] arbitrator."]; John Wiley & Sons, Inc...
2023.02.01 Demurrer 563
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.02.01
Excerpt: ...0, 9:4‐11:3.) Defendants argue that who improperly received the information must be pled with specificity (Memo. 3:23‐24), but the opinions they cite do not so hold. Demurrer overruled. 2 (Civil Code 1798.82 violation): The complaint adequately pleads violation of Civil Code 1798.82. (Id. at 11:4‐25.) Defendants argue that when a security‐system breach occurred must be pled, but the complaint does that. (Memo. 5:8‐9; Cmplt. 8:12‐15.) ...
2023.01.26 Motion to Compel Arbitration 687
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.01.26
Excerpt: ...Exhibit 5, 17(a).) The court overrules plaintiff's objections to that declaration. Defendant, however, waived the right to arbitrate and waived the delegation clause too. Plaintiff filed this case on November 23, 2021, and defendant answered the complaint on January 28, 2022. The Federal Arbitration Act ("FAA") applies to the parties' agreement and the issue of waiver is a matter of federal law. (See Davis v. Shiekh Shoes, LLC (2022) 84 Cal.App.5...
2023.01.24 Motion for Determination of Good Faith Settlement 548
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.01.24
Excerpt: ...is granted. Plaintiff alleges he was injured by stepping on a vault lid that gave way. At least six parties (including plaintiff) have potential culpability. (Memo. 5:20‐6:2.) One of them, Harrigan Weidenmuller Co., filed an opposition to the good faith motion. Harrigan focuses on its notion that not enough discovery has been done to allow a good faith settlement. (Opp. 2:26‐3:19, 3:28‐4:17, 4:23‐5:4.) However, CCP 877 motions are often g...
2023.01.24 Demurrer 857
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.01.24
Excerpt: ...he representation regarding the number of cups that could be made from the can. At all times, Plaintiff believed and had a reasonable expectation that the labeling on the Class Products was truthful and accurate." (Id. at 15:3‐6.) This suffices to plead reliance under the Unfair Competition Law and the Consumer Legal Remedies Act. In this context, expectation and reliance are synonymous ‐ "a distinction without a difference." (Hale v. Sharp H...
2023.01.23 Motion for Leave to Submit Tardy Expert Witness Information 129
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.01.23
Excerpt: ...C.'s Motion Of Defendants For Leave To Submit Tardy Expert Witness Information. Pro Tem Judge John-Paul Deol, 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 th...
2023.01.20 Demurrer, Motion to Quash Service of Summons or Stay or Dismiss 984
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.01.20
Excerpt: ...) Plaintiff alleges that defendant is liable to him pursuant to Labor Code sec. 558.1. "[T]o be held liable under section 558.1, an 'owner' ... must either have been personally involved in the purported violation of one or more of the enumerated provisions; or, absent such personal involvement, had sufficient participation in the activities of the employer, including, for example, over those responsible for the alleged wage and hour violations, s...

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