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2857 Results

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2018.11.19 Motion to Amend Judgment 904
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.11.19
Excerpt: ...r Entity Judgment Debtor; Memorandum Of Points And Authorities; Declaration Of Scott R. Albrecht Plaintiff Filament Lighting, LLC's motion to amend judgment to add Archipelago Lighting Tec, Inc. as a judgment debtor is GRANTED. Archipelago Tec is a successor corporation or mere continuation of judgment debtor Archipelago Lighting, Inc. (See Wolf Metals, Inc. v. Rand Pacific Sales, Inc. (2016) 4 Cal.App.5th 698, 705.) Archipelago Tec's cre...
2018.11.19 Demurrer 257
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.11.19
Excerpt: ... is not limited to "false advertising, bad faith insurance practices and the like." Operating a commercial building without taking statutorily required fire safety measures is a business practice that may allow for §17200 liability, and that is adequately pled. (See FAC 15‐16.) 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...
2018.11.15 Motion for Reconsideration 425
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.11.15
Excerpt: ... default entered against him on February 13, 2018 is continued to December 19, 2018 to give the parties an opportunity to meet and confer and, if necessary, file supplemental papers regarding the amount Mr. Del Olmo will be required to pay plaintiff Leslie Lapayowker as a condition of setting aside the September 27, 2018 order. The court finds that there are sufficient changes of circumstances since the September 27, 2018 order was issued to warr...
2018.11.15 Motion for Judgment on the Pleadings 467
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.11.15
Excerpt: ...ied. The court did not consider the complaint filed by Ms. Montes in federal court or the misdemeanor complaint filed in San Mateo Superior Court. Neither Miller v. Department of Corrections (2005) 36 Cal. 4th 446 nor Proksel v. Gattis (1996) 41 Cal. App. 4th 1626 requires an allegation of more than a single consensual relationship to support an actionable paramour harassment claim. (Negrete v. Meadowbrook Meat Co. (C.D. Cal. 2012) 2012 WL 254039...
2018.11.15 Demurrer, Motion for Leave to Amend Complaint 841
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.11.15
Excerpt: ... give plaintiff Thomas Sassani an opportunity, if he can do so in good faith, to allege in a UCL claim that Mr. Boms obtained money or property from Zozi as a result of an unlawful activity that Mr. Boms committed against Zozi. While Mr. Boms is technically correct that Mr. Sassani needed to obtain and did not have permission to add Mr. Boms to the UCL claim, there is no doubt that, had such permission been sought, it would have been granted, and...
2018.11.15 Demurrer 512
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.11.15
Excerpt: ...ed Complaint Defendants' demurrer to all six causes of action in the first amended complaint is sustained with twenty days leave to amend as to the first, second, third, and fourth causes of action for breach of contract, conversion, injunctive relief, and accounting and overruled as to the fifth and sixth causes of action for violations of the Corporations Code and Church Constitution. Plaintiffs have not adequately alleged standing for thei...
2018.11.14 Motion to Set Aside Default, Judgment, for Leave to Defend 213
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.11.14
Excerpt: ...of excusable neglect, surprise, mistake, and inadvertence warranting the setting aside of the default per CCP section 473(b). The default should never have been requested and, once entered, cross‐complainant Gloria Lopez should have stipulated to it being vacated. Because Ms. Uchiyama had served a demurrer to the cross‐complaint notwithstanding that it had been rejected for filing and Mr. Uchiyama had also served a notice of unavailability, c...
2018.11.14 Motion for Stipulation for Filing Amended Complaint 114
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.11.14
Excerpt: ...ings, that policy does not apply to this motion. Mr. Gante has known about the facts supporting his request for punitive damages since before this case was filed and apparently has desired to make such a request since the outset of this case. Yet he twice moved for and received a continuance of the trial without moving to amend his complaint to seek punitive damages and now seeks to do so less than two weeks before trial. Granting this motion wou...
2018.11.14 Motion for Judgment on the Pleadings 780
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.11.14
Excerpt: ...ames Austin and Raymond Schreiber is denied as to both causes of action. The motion is an impermissible motion for reconsideration of the March 12, 2018 order denying defendants' first motion for judgment on the pleadings. The request to take judicial notice of Ms. Mwangi's declarations is denied since the content of those declarations is subject to dispute by the parties. Plaintiffs allege sufficient ultimate facts to support both of the...
2018.11.14 Demurrer 907
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.11.14
Excerpt: ...days leave to amend as to all causes of action alleged against Wells Fargo. The demurrer is sustained on the grounds that the first amended complaint as a whole and all causes of action alleged therein are uncertain. The first amended complaint, like the initial complaint, is largely unintelligible, contains many irrelevant and/or vague and ambiguous allegations, alleges many repetitive conclusions without providing ultimate facts, and violates t...
2018.11.13 Demurrer 199
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.11.13
Excerpt: ...ined without leave to amend as to the eighth and ninth causes of action for intentional interference with contract and overruled as to the sixth tenth, eleventh and twelfth causes of action for negligence, declaratory relief, equitable indemnity and comparative indemnity. Because HWI (as the lessee and beneficiary of all the construction and improvement work) is a third beneficiary of the contracts it allegedly interfered with, HWI is not a stran...
2018.11.13 Demurrer 295
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.11.13
Excerpt: ...d by the three Retired Officers in their petition for writ of mandate for violation of Government Code 3304(b) is sustained with 20 days leave to amend. If they can do so in good faith, the Retired Officers have leave to allege specific facts that the administrative appeal afforded by the Police Commission was futile and did not comport with due process and/or the requirements of section 3304(b). For purposes of this demurrer, the court assumes t...
2018.11.13 Motion for Summary Judgment, Adjudication 211
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.11.13
Excerpt: ...dgment on the MBC Parties' cross- complaint is granted. The motion is not premature because the MBC Parties have not shown that any new facts alleged in plaintiff's third amended complaint would provide any new legal or factual bases on which the MBC Parties would seek relief from Broadway or that Broadway's burden on this motion will be materially affected unlike in Perry v. Atkinson (1987) 195 Cal.App.3d 14. The settlement agreement...
2018.11.13 Demurrer 600
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.11.13
Excerpt: ...ot alleged, nor does it appear that she can allege, sufficient ultimate facts to show that the alleged misconduct of Rick Yang is attributable to NEA. The factual allegations of the complaint (as opposed to the conclusions of law therein) show that at all times Mr. Yang participated in any of the conduct for which Ms. Moore seeks to hold NEA liable, Mr. Yang was acting in his capacity as a board member of defendant Pilot AI, Inc., not as an agent...
2018.11.13 Motion to Strike 754
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.11.13
Excerpt: ...Of Plaintiffs Complaint; Memorandum Of Points And Authorities; Proposed Order; And Declaration Of James F. Peterson Regarding Compliance With Meet And Confer Requirements Of Code Of Civil Procedure 435.5 (A) Defendant Brooks Brothers Group, Inc.'s motion to strike portions of the complaint is granted as to all references to death and wrongful death and denied as to the allegations and prayer for punitive damages. Plaintiff Hiram Borunda ackno...
2018.11.13 Petition to Confirm Arbitration 231
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.11.13
Excerpt: ...ed that the matter go to arbitration, which further shows that the parties contemplated binding and final arbitration. Mr. Khan fails to establish that Mr. Mytels needed to file his petition to confirm in federal court. 9 USC 9 provides that "If no court is specified in the agreement of the parties, then such application may be made to the United States court in and for the district within which such award was made." (emphasis added.) Tha...
2018.11.1 Motion to Vacate Default, Judgment 976
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.11.1
Excerpt: ...18 are set aside per CCP 473.5 and 473(b). Mr. Tan has shown that he did not have actual knowledge of this lawsuit in time to file a timely responsive pleading and that, even if there were communications directed to him about the lawsuit prior to entry of the default, his failure to realize the nature of those communications and his failure to respond to the complaint was a result of mistake, inadvertence, surprise and/or excusable neglect. Plain...
2018.11.1 Motion for Summary Judgment, Adjudication 560
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.11.1
Excerpt: ...y judgment or alternatively summary adjudication on the claims alleged against it in the third amended complaint is denied in its entirety. LHJS fails to maintain its burden because it does not address the alter ego allegations against it. There is also a triable issue whether LHJS negligently converted the premises per Orange Grove Terrace Owners Ass'n v. <0003001400150014001a00 00500052005100560048[ declares that LHJS performed no contracto...
2018.11.1 Motion for Preliminary Injunction 229
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.11.1
Excerpt: ...case, defendant Ally Financial, Inc. and all persons and entities working in concert with them are restrained and enjoined from refusing to accept any payments on‐line from any persons who have previously signed up and been approved to make on‐line payments due to any disputes with those persons or Ally having been contacted by any attorneys on behalf of those persons without providing 30 days advance notice directly to those persons and stat...
2018.11.1 Demurrer 942
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.11.1
Excerpt: ...ation agreement do not necessarily show that any or all of Mr. Soriano's claims are barred by the release language in the separation agreement. Liberally construed, Mr. Soriano's allegations are sufficient to support economic duress as grounds for rescission of the separation agreement. "The question of duress. . .is a factual question; the existence of duress always depends upon the circumstances" and it requires an examination o...
2018.10.31 Motion for Preliminary Injunction 832
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.10.31
Excerpt: ...ller Financial Llc, And Rockefeller & Co. Llc'S Motion For Preliminary Injunction Plaintiffs Rockefeller Capital Management L.P., Rockefeller & Co. LLC, Rockefeller Financial LLC, and Christopher Dupuy's motion for preliminary injunction is granted in substantial part. Until there is a final determination on plaintiffs' request for injunctive relief or an order of this court to the contrary, defendant Focus Financial Partners LLC and ...
2018.10.9 Motion for Summary Judgment, Adjudication 889
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.10.9
Excerpt: ... Lyft, Inc.'s motion for summary judgment as to plaintiff Sabrina Marez's complaint is granted. Le Elder v. Rice (1994) 21 Cal.App.4th 1604, which has been cited approvingly numerous times and most recently in 2013 and has never been criticized or overruled, remains good law and is on-point authority requiring the granting of this motion. The "coming and going" rule does not apply because defendant Jonathan Gaurano was returning h...
2018.10.5 Motion for Summary Adjudication 540
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.10.5
Excerpt: ...‐ on six grounds. The motion is DENIED.Waiver by Conduct. Cybernet concedes "that no performer could participate in filming" of its "straight shoots" "without having first tested negative for STIs [sexually transmitted infections] and HIV," while the same was not true for its "gay shoots." Cybernet says "Plaintiff voluntarily chose to forego his right" to mandate HIV testing, but plaintiff says Cybernet n...
2018.10.4 Petition to Confirm Arbitration 231
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.10.4
Excerpt: ...on largely contends that the arbitrator made legal and factual errors, yet California law does not allow for the vacating or correcting of an arbitration award based on errors of law or fact committed by an arbitrator. (Moncharsh v. Heily & Blase (1992) 3 Cal. 4th 1.) The court has assumed that the amendment to Mr. Khan's petition to vacate is timely and relates back to his original petition and addresses the merits of his arguments. The Inde...
2018.10.4 Motion to Compel Subpoena for Production of Business Records, for Monetary Sanctions 767
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.10.4
Excerpt: ...rty Jon Luini to comply with subpoena for production of business records is granted subject to a protective order covering the information produced by Mr. Luini and Mr. Stevens' request for monetary sanctions is denied. The parties appear to agree that the video that is sought by the subpoena is discoverable. The sole dispute pertains to whether the video should be produced subject to restrictions. Because the video may be subject to contract...

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