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 400,50
Array
(
)
2023.01.19 Motion for Attorney Fees 866
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.01.19
Excerpt: ...aining Confirmation Of Award. Respondent's "motion for attorneys' fees incurred in defeating petition to vacate or, in the alternative, correct arbitration award and obtaining confirmation of award" is denied. The parties agree that the relevant provision of their arbitration agreement is: "The arbitrator may award one of the parties all or part of its costs and expenses of arbitrating (including attorneys' fees and disbursements) if he or she co...
2023.01.19 Demurrer 384
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.01.19
Excerpt: ...d documents since there is no evidence to authenticate them. (See Linda Vista Village San Diego Homeowners Assn., Inc. v. Tecolote Investors, LLC (2015) 234 Cal.App.4th 166, 184 ["Judicial notice may be taken of 'the fact of a document's recordation, the date the document was recorded and executed, the parties to the transaction reflected in a recorded document, and the document's legally operative language, assuming there is no genuine dispute r...
2023.01.18 Motion to Quash Deposition Subpoena, for Production of Docs, for Sanctions 663
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.01.18
Excerpt: ...oena For Personal Appearance And Production Of Documents And Things And Deposition Subpoena For Production Of Business Records Request For Sanctions In The Amount Of 2688. 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 agr...
2023.01.18 Motion for Summary Judgment 392
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.01.18
Excerpt: ...gligence claims against TRITON are premised on vicarious liability for the alleged negligence and intentional torts of Mr. Markeith White ("WHITE")." (Points & Authorities, 1:27‐ 2:1.) Such a ruling does not completely dispose of the case against defendant and therefore, summary judgment would be improper. Moreover, the unsworn incident report that defendant relies upon shows that its admitted employee (Mr. Shaikh) worked in concert with Mr. Wh...
2023.01.18 Motion for Costs, for Writ of Mandate 898
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.01.18
Excerpt: ... using Zoom. To appear remotely 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, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to [email protected] with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests....
2023.01.18 Demurrer 632
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.01.18
Excerpt: ...lity. (Id. at 9:1‐24; CACI 2500.) Defendants cite no authority for their notion that plaintiff must elect one of her three bases as "the substantial motivating reason" for discrimination. (Memo. 9:10‐ 22.) 2 (harassment [Gov. Code 12940(j)]): The complaint adequately pleads harassment based on age, gender and disability. (Id. at 10:1‐11:2; CACI 2521A.) Defendants cite no authority for their notions that plaintiff must elect one of her three...
2023.01.17 Demurrer 502
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.01.17
Excerpt: ...al obligations and breach. (Not. 1:15‐18; FAC 6:5‐8, 31:1‐22.) Barclays' notion that a contract claim must be pled with specificity is mistaken. (See Not. 1:15‐18.) Demurrer overruled. 2 (fraud [concealment]), 3 (intentional misrepresentation), 7 (Business & Professions Code 17200): The FAC pleads fraud with insufficient specificity as to Barclays. (Not. 1:19‐2:2; Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 73 ["how, when, where, to...
2023.01.13 Motion to Strike, Demurrer 694
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.01.13
Excerpt: ...and 34. As explained in the demurrer, plaintiff pleads a cognizable claim to recover the bonus and funds from the profit‐sharing plan. Granted without leave to amend as to the punitive damages allegations (FAC 40, 43 (second par. 43), 50, and Prayer (D). A party cannot recover punitive damages for a contractual breach. (See Civil Code sec. 3294(a).) A party also may not recover punitive damages for a Labor Code violation. (See Brewer v. Premier...
2023.01.11 Motion for Determination of Good Faith Settlement 334
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.01.11
Excerpt: ...e facts of which are disputed. Plaintiff Tracy Yu has agreed to settle for $5,001 with the driver (Marini) and owner (Poppel) of one of the other two vehicles. The third vehicle's driver, Peter Giordano, opposes a good faith determination with three points. First, he says his vehicle was pushed into the Yu vehicle by the Marini/Poppel vehicle, so he has limited liability compared to them. (Opp. 1:25‐2:3.) Second, Giordano reports that, two week...
2023.01.11 Demurrer 433
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.01.11
Excerpt: ...haust administrative remedies." (Id. at 1:5‐2:15.) This is premised on the notion that statutes of limitations were triggered in October 2018. (Memo. 3:23‐4:2, 5:17‐23.) However, the SAC pleads that, in 2019 and 2020, plaintiff "attempted to work with" defendants "to place him in another position" ‐ efforts ultimately "rebuffed." (Id. at 4:14‐25.) At the pleading stage ‐ where pled facts must be accepted as true ‐ this suffices to d...
2023.01.10 Demurrer, Motion to Strike 788
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.01.10
Excerpt: ...uppressed material facts. (Cmplt. 1:7-22:4.) Second, the complaint adequately pleads that Honda had a duty to disclose the facts regarding sensing defects to plaintiff, as Honda had knowledge of material facts not known to him. (See Stickrath v. Globalstar, Inc. (ND. Cal. 2007) 527 F.Supp.2d 992, 1000-01.) This duty was based on Honda's advertising and other promotional efforts to buyers such as plaintiff, including through Honda's agent-dealers....
2022.12.22 Demurrer 932
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.12.22
Excerpt: ...is denied. The existence and terms of a contract are not proper subjects of judicial notice when the opposing party objects. (Travelers Indemnity Co. of Connecticut v. Navigators Specialty Ins. Co. (2021) 70 Cal.App.5th 341, 354‐355 & fn. 9 [trial court erred in sustaining demurrers to equitable contribution and equitable indemnity causes of action]; compare Chacon v. Union Pacific Railroad (2020) 56 Cal.App.5th 565, 572 [trial court did not er...
2022.12.22 Motion to Augment Expert Witness Designation 782
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2022.12.22
Excerpt: .... Defendant has shown an exceptional circumstance of the death of its designated expert before trial set for May 8, 2023 for the Court to permit the motion to be made under C.C.P. section 2034.610(b) after the expert discovery cutoff date. (Hopwood Decl. para. 4.) All conditions are satisfied for the Court to grant leave to augment under C.C.P. section 2034.620. The Court considered the minimal extent to which Plaintiffs have relied on Defendant'...
2022.12.22 Motion to Seal Docket 416
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.12.22
Excerpt: ...al the docket is denied. The First Amendment provides a right of access to civil trials and proceedings, including civil litigation documents filed in court as a basis for adjudication. (NBC Subsidiary (KNBC‐TV), Inc. v. Super. Ct. (1999) 20 Cal.4th 1178, 1208‐1209 & fn. 25.) Under rules 2.550 and 2.551 of the California Rules of Court, the court may order a record sealed only upon making express findings that (1) There exists an overriding i...
2022.12.21 Motion for Attorney Fees 585
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.12.21
Excerpt: ...rbitration agreements, theirs permits a party to "seek provisional injunctive relief" from a court "to ensure that the relief sought in the arbitration is not rendered ineffectual by interim harm." (Heaps Dec. Ex. 1 21(d).) This is particularly apt where, as here, an arbitration demand had been filed, but no arbitrator yet selected. Plaintiff sought provisional injunctive relief from this court under the arbitration agreement. (Id.) Claiming it p...
2022.12.20 Motion to Compel Further Responses, Demurrer 625
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.12.20
Excerpt: ...y Sanction. 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 hearing will proceed before the Judge Pro Tem who...
2022.12.20 Motion for Judgment on the Pleadings, for Permanent Injunction, for Attorney Fees 800
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.12.20
Excerpt: ... Fees. Plaintiff's motion for judgment on the pleadings ‐ the functional equivalent of a demurrer ‐ is denied. In People ex rel. Becerra v. Sup. Ct. (2018) 29 Cal.App.5th 486, as here, plaintiffs moved for judgment on the pleadings against the state of California. As here, the state's answer denied all material allegations. (Id. at 499.) Judgment was nonetheless granted. The Court of Appeal reversed, holding: "the trial court should have deni...
2022.12.15 Motion for Summary Judgment, Adjudication 597
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.12.15
Excerpt: ...R CORPORATION) motion for summary judgment is granted. The undisputed evidence demonstrates that defendants are mere insurers and it is improper to name then as defendants in an action against their insured, who is the alleged tortfeasor. (See Coleman v. Republic Indemnity Ins. Co. (2005) 132 Cal.App.4th 403 [third party claimants generally cannot sue insurers]; Shaolian v. Safeco Ins. Co. (1999) 71 Cal.App.4th 268, 271["Because the insurer's dut...
2022.12.15 Motion for Summary Judgment 928
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2022.12.15
Excerpt: ... of the complaint and request for dismissal filed by Defendant in support of the motion as Exhibits A and B, respectively, in the Kelly Declaration. The Court considered Exhibit C and citations to Exhibit C that included reference to the exhibit, title, page, and line numbers. (CRC 3.1350(d)(3).) The Court did not consider undisputed material fact #11 and Exhibit D because it is argument, and the separate statement should include only material fa...
2022.12.14 Motion for Charging Order 628
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.12.14
Excerpt: ...rging order against the transferable interest of the judgment debtor for the unsatisfied amount of the judgment. A charging order constitutes a lien on a judgment debtor's transferable interest and requires the limited liability company to pay over to the person to which the charging order was issued any distribution that would otherwise be paid to the judgment debtor." (Cal. Corp. sec. 17705.03.) This court entered a judgment in favor of Plainti...
2022.12.14 Demurrer 940
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.12.14
Excerpt: ... [and/or harassment] based on sexual orientation under the Fair Employment and Housing Act." (Dmr. Not. 3:4‐11.) I disagree. While this is in the main a whistleblower case, the FAC also adequately pleads the elements of FEHA discrimination and harassment claims. (See, e.g., CACI 2500, 2522A; FAC 2:4‐8, 2:26‐3:4, 3:9‐25, 8:22‐12:27, 15:10‐16:22.) In modern practice, demurrers are of diminished importance; "wherever possible, cases shou...
2022.12.12 Motion to Vacate and Set Aside Dismissal of Cross-Complaint 663
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.12.12
Excerpt: ...nt. The "motion to vacate and set aside the January 5, 2022 dismissal of Mitchell Engineering's cross‐complaint" is denied. The motion is based on the claim that Mitchell president Curtis Mitchell was "surprised by the dismissal." (7/1/22 Memo 2:1‐9, 4:6‐14; CCP 473(b) ["surprise"].) However, the deposition of Mitchell's lawyer has now been taken and it establishes that she addressed the cross‐complaint's dismissal with Mr. Mitchell and h...
2022.12.09 Motion to Compel Further Responses, for Monetary Sanctions 717
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.12.09
Excerpt: ... DEFENDANT MARIO SILVA GAVAO's Motion To Compel Plaintiff Rolin Smith's Further Verified Responses To Request For Production Of Documents, Set Two, To Produce Documents And A Privilege Log, Request For Monetary Sanctions: Pro Tem Judge James Fleming, 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 th...
2022.12.09 Demurrer, Motion to Strike 553
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.12.09
Excerpt: ..." Lyft's "transportation network carrier [TNC] platform" "[a]t the time" plaintiff "entered his vehicle." (FAC 2:10‐21.) The Lyft driver "abandoned" plaintiff at a BART station, where she was "kidnapped, sexually battered and raped." (Id. at 2:22‐27.) These pled facts must be taken as true on demurrer. (Del E. Webb Corp. v. Structural Materials Corp. (1981) 123 Cal.App.3d 593, 604.) The demurrer argues that Lyft owed plaintiff no duty. For th...
2022.12.07 Demurrer 199
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.12.07
Excerpt: ...t as a matter not subject to dispute. (See Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113 ["Taking judicial notice of a document is not the same as accepting the truth of its contents or accepting a particular interpretation of its meaning."]; Chacon v. Union Pacific Railroad (2020) 56 Cal.App.5th 565, 573 ["Although the existence of a document may be judicially noticeable, the truth of the statements contained in t...
2022.12.07 Motion for Sanctions 970
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.12.07
Excerpt: ... MARINA GABRIEL's Motion Regarding Defendant Sandra Mcgee's Failure To Comply With The Courts August 1, 2022 Order Regarding Payment Of $3,321.50 In Sanctions; Request For Additional Monetary Sanctions Against Defendant Sandra Mcgee And Her Attorney Of Record, Emmanuel Enyinwa, In The Amount Of $1,722.87: 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 tempor...
2022.12.07 Motion to Dismiss 042
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.12.07
Excerpt: ...ction. The body of the motion, however, seeks dismissal for a different reason‐failing to bring this action to trial within three years of the filing. This inconsistency renders the motion defective. Second, the motion lacks merit. Defendant fails to show that a discretionary dismissal per CCP 583.420(a)(2)(A) [bring to trial within three years] is warranted. The pandemic and defendant's serial and unmeritorious motions to vacate have delayed p...
2022.12.07 Demurrer 862
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.12.07
Excerpt: ...bility ... are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. (Civ. Code, SEC. 51, subd. (b).) A plaintiff can recover under the [Unruh Act] on two alternate theories: (1) a violation of the ADA (Civ. Code, SEC 51, subd. (f)); or (2) denial of access to a business establishment based on intentional discrimination." (Martinez v. Cot'n Wash, Inc...
2022.12.02 Motion to Vacate Order Compelling Arbitration, for Sanctions 749
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.12.02
Excerpt: ...tutory Waiver Pursuant To Cal. Civ. Proc. 1281.97 And Request For Sanctions Under Cal. Civ. Proc. 1281.99 In The Amount Of $7,290.00. Denied. Although the moving papers and their citation of CCP SEC 1281.97 suggest defendants were late in payment of the initial fee to commence arbitration, the reply disavows that argument. Instead, it argues that defendants failed to pay under SEC 1281.98, which relates to fees payable to "continue" the arbitrati...
2022.12.01 Motion for Leave to File SAC 008
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2022.12.01
Excerpt: ...s serially numbered to differentiate it from previous pleadings, and states what allegations regarding wrongful death are proposed to be added to the previous pleading in the personal injury action and where the additional allegations are located. (CRC 3.1324(a).) Plaintiff submitted a declaration specifying the effect of the amendment, why the amendment is necessary and proper, when the facts giving rise to the amended allegations were discovere...
2022.12.01 Motion for Leave to Amend Answer, Demurrer, Motion to Strike 247
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.12.01
Excerpt: ...motion is off calendar as to defendant Matthew Jacob Feaver since he filed for bankruptcy. (See Notice of Stay of Proceedings filed 11/4/22; Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1488 ["a bankruptcy stay is only effective as to the party in bankruptcy; a plaintiff must proceed against nonbankrupt defendants."]; Shorr v. Kind (1991) 1 Cal.App.4th 249, 258 [stay applies only to bankruptcy debtor].) There is a liberal policy ...
2022.11.30 Petition to Vacate Arbitration Award 849
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.30
Excerpt: ...rsuant to an arbitration agreement, when a person is to serve as a neutral arbitrator, the proposed neutral arbitrator shall disclose all matters that could cause a person aware of the facts to reasonably entertain a doubt that the proposed neutral arbitrator would be able to be impartial." (CCP 1281.9.) The court shall vacate the award if the court determines an arbitrator making the award "failed to disclose within the time required for disclos...
2022.11.29 Petition to Vacate Arbitration Award 849
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.29
Excerpt: ...rsuant to an arbitration agreement, when a person is to serve as a neutral arbitrator, the proposed neutral arbitrator shall disclose all matters that could cause a person aware of the facts to reasonably entertain a doubt that the proposed neutral arbitrator would be able to be impartial." (CCP 1281.9.) The court shall vacate the award if the court determines an arbitrator making the award "failed to disclose within the time required for disclos...
2022.11.28 Motion to Compel Arbitration and Dismiss or Stay Proceedings 520
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.28
Excerpt: ...dual PAGA claim is granted and the court stays litigation of the remaining representative PAGA claim. Plaintiff brings this action individually and on behalf of other aggrieved employees. (See Complaint, Caption and par. 1.) Defendant bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence. (See Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972.) Here, defendant demonstrates...
2022.11.23 Motion for Summary Judgment 926
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2022.11.23
Excerpt: ...Plaintiffs in their response to Defendant's separate statement. Defendant sustained its burden of showing that Plaintiffs do not possess, and cannot reasonably obtain, needed evidence that decedent was exposed to asbestos containing products attributable to Defendant. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 855.) Between 1969 and 1972, Decedent recalled three jobsites where he saw Oltmans employees working. (Defendant's Index, Ex. ...
2022.11.23 Demurrer 393
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.23
Excerpt: ... any civil action for recovery of damages suffered as a result of sexual assault, where the assault occurred on or after the plaintiff's 18th birthday, the time for commencement of the action shall be the later of the following: (1) Within 10 years from the date of the last act, attempted act, or assault with the intent to commit an act, of sexual assault against the plaintiff" and instructs that "(3) This section applies to any action described ...
2022.11.22 Motion to Compel Further Responses 710
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.22
Excerpt: ...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 stipulation may be si...
2022.11.22 Motion for Summary Judgment, Adjudication 925
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.22
Excerpt: ...lic entity is liable for injury caused by a dangerous condition of its property if the plaintiff establishes that the property was in a dangerous condition at the time of the injury, that the injury was proximately caused by the dangerous condition, that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred, and that either: (a) A negligent or wrongful act or omission of an employee of the public e...
2022.11.18 Demurrer, Motion to Strike 199
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.18
Excerpt: ...r:CGC22599199Case Title:KIMI NORWAY VS. SAN FRANCISCO UNIFIED SCHOOL DISTRICT ET ALCourt Date:NOV‐18‐2022 09:30 AMCalendar Matter:MOTION TO STRIKE COMPLAINTRulings:Matter on calendar for Friday, November 18, 2022, Line 10, 3. DEFENDANT JONATHAN LEE'S MOTION TO STRIKE COMPLAINT. *THE COURT'S FULL AND COMPLETE TENTATIVE RULING HAS BEEN EMAILED TO ALL COUNSEL* The notice of the anti‐SLAPP motion targets the entire complaint. The Supreme Court ...
2022.11.18 Demurrer 423
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.18
Excerpt: ...s v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 391.) Plaintiff brought this civil suit against Defendant for her judicial decision in Plaintiff's case. Defendant now brings this demurrer on the grounds of judicial immunity. "[T]he doctrine of civil immunity of the judiciary in the performance of judicial functions is deeply rooted in California law." (Howard v. Drapkin (1990) 222 Cal.App.3d 843, 852 [internal quotations omitted].) "The decisions ...
2022.11.18 Motion to Reopen Discovery 406
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.18
Excerpt: ...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 parties to the mo...
2022.11.18 Motion for Summary Judgment 447
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.18
Excerpt: ...duction. CCP 437c(p)(2). When analyzing a summary judgment motion, "the moving party's affidavits are strictly construed while those of the opposing party are liberally construed." (Fraizer v. Vlekura (2001) 91 Cal.App.4th 942, 945; see also Scalf v. D.B. Log Homes, Inc., (2005) 128 Cal.App.4th 1510, 1519 ["In reviewing the evidence, we strictly construe the moving party's evidence and liberally construe the opposing party's and accept as undispu...
2022.11.18 Motion to Quash Service of Summons 607
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.18
Excerpt: ...tional discovery. "A trial court has discretion to continue the hearing on a motion to quash service of summons for lack of personal jurisdiction to allow the plaintiff to conduct discovery on jurisdictional issues." Burdick v. Sup.Ct. (2015) 233 Cal.App.4th 8, 30. "In order to meet its burden of proof ( 3:384 ff.), plaintiff is entitled to conduct discovery with regard to the issue of jurisdiction before the hearing on the motion to quash; e.g.,...
2022.11.17 Motion to Compel Arbitration 356
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.17
Excerpt: ...nd a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense." (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972.) Here, defendant establishes the existence of an arbitration agreement. (Hansen Decl., pars. 5‐7, Ex. 1.) In opposition, plaintiff demonstrates that the agreement is unconscionable and unenforceable. Plaintiff's agreement is very similar to the ...
2022.11.17 Demurrer 577
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.17
Excerpt: ...a Nationwide employee; it appointed her to represent plaintiff. Mayfield declined a settlement offer under the $1‐million policy limits, then suffered an $8.2‐million trial loss, exposing plaintiff. He sued Nationwide and Mayfield; the latter answered. Nationwide demurs to the complaint's third and fourth counts, for legal malpractice under negligence and breach of fiduciary duty theories. Nationwide's argument as to each is that ‐ though "...
2022.11.16 Motion to Compel, for Sanctions 802
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.16
Excerpt: ...as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via ...
2022.11.15 Motion to Transfer Venue 251
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.15
Excerpt: ...or the county where the defendants, or some of them, reside at the commencement of the action, is a proper court for the trial of the action." Here, defendant fails to show that defendant Uber Technologies, Inc. does not reside in San Francisco. Defendants' motion to change venue based upon the convenience of witnesses is denied without prejudice as premature since there is no answer on file. (See Easton v. Superior Court (1970 12 Cal.App.3d 243,...
2022.11.15 Motion for Leave to Amend Complaint 082
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.15
Excerpt: ...ice to the defendant. (See Rainer v. Buena Cmty. Mem'l Hosp. (1971) 18 Cal.App.3d 240, 257‐259.) Indeed, an unexplained delay alone is grounds to deny amendment. (See Record v. Reason (1999) 73 Cal.App.4th 472, 486 ["even if a good amendment is proposed in proper form, unwarranted delay in presenting it may‐of itself‐be a valid reason for denial."].) Here, plaintiff does not convincingly argue that recent discovery compels the amendment. Fi...
2022.11.14 Motion to Compel Neuropsychological Exam 250
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.14
Excerpt: ...��DENNY [TRANSFERRED FROM 9:30 CALENDAR]. (Part 1 of 2 for purposes of entry of Tentative Ruling.) 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...
2022.11.14 Motion for Dismissal for Delay in Prosecution 872
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.14
Excerpt: ...de pursuant to this article, there shall be excluded the time during which any of the following conditions existed: (a) The defendant was not amenable to the process of the court. (b) The prosecution of the action or proceedings in the action was stayed and the stay affected service. (c) The validity of service was the subject of litigation by the parties. (d) Service, for any other reason, was impossible, impracticable, or futile due to causes b...

2842 Results

Per page

Pages