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2866 Results

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2022.08 04 Demurrer 208
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.08
Excerpt: ...hen sued defendant alleging FEHA discrimination claims in Case No. CGC‐19‐581293 for what happened in the reinstatement proceedings. On March 4, 2022, I sustained defendant's demurrer to the third amended complaint (TAC) in case 581293 without leave to amend, finding that plaintiff's "claims are barred by the litigation privilege." That order is incorporated here by reference. In April 2022, plaintiff filed another FEHA discrimination complai...
2022.08.11 Motion for Summary Judgment 973
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2022.08.11
Excerpt: ...ng that Plaintiff does not possess, and cannot reasonably obtain, needed evidence that she was exposed to asbestos containing products attributable to Defendant. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 855.) Defendant failed to address its response to Standard Asbestos General Order 129 Interrogatories or the deposition transcripts of James Rickey and Max Taliaferro, identified in Plaintiff's response to Defendant's special interro...
2022.08.09 Motion to Compel Responses 130
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.08.09
Excerpt: ...es To Form Interrogatories Against Defendant Brentwood Blatteis Shnur, Inc. And Request For 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 the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties...
2022.08.09 Motion for Summary Judgment 821
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.08.09
Excerpt: ...ding the propriety of summary judgment are to be resolved in favor of the opposing party." (Kulesa v. Castleberry (1996) 47 Cal.App.4th 103, 112.) "The existence of a dangerous condition ordinarily is a question of fact, but the issue may be resolved as a matter of law if reasonable minds can come to only one conclusion." (Zelig v. County of Los Angeles (2002) 27 Cal.4th 1112, 1133.) Defendant fails to meet this heavy burden. In determining wheth...
2022.08.08 Motion to Compel Further Responses 214
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.08.08
Excerpt: ...ng 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 motion sign th...
2022.08.08 Demurrer 080
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.08.08
Excerpt: ...s failed to disclose key information to her, delaying her awareness of their malpractice to 2021. (See, e.g., FAC 2:14‐3:8; Neel v. Magna, Olney, Levy, Cathcart & Gelfand (1971) 6 Cal.3d 176, 187‐90.) Unclean Hands. Defendants' unpled allegation that plaintiff "intended to violate the tax laws" raises fact issues that cannot be resolved at the pleading stage. General Release. Defendants ask the court to interpret an extrinsic settlement agree...
2022.08.03 Petition for Appointment of Provisional Director, Inspection of Corporate Books, Records, and Docs 808
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.08.03
Excerpt: ...uant To Corporations Code Section 7225; (2) Inspection Of Corporate Books, Record And Documents. Plaintiff John Valdez's petition for (1) appointment of provisional director and (2) inspection of corporate books, records, and documents is granted and denied in part. Plaintiff's petition for appointment of provisional director is denied. "The appointment of a provisional director is 'merely a method of resolving disagreements between directors whe...
2022.08.02 Motion to Strike Amended Complaint 787
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.08.02
Excerpt: ...r‐old night clerk at defendants' SRO hotel, pleads that she was accosted by a guest the night of February 5, 2021. (FAC 3:8‐18.) This culminated in the guest threatening to rape plaintiff, throwing a bottle at her and slapping her. (Id. at 3:16‐18.) "Defendants' knew or should have known" the guest "was a violent individual with a criminal background" yet placed him in the hotel without providing physical barriers or security to protect nig...
2022.08.02 Motion to Compel Arbitration, Dismiss Representative Claims, Stay Action 004
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.08.02
Excerpt: ...ms, And Stay Action Complete tentative ruling has been sent to the parties via e‐mail. Defendants Uber Technologies and Russell Tobin and Associates LLC's amended motion to compel arbitration, dismiss representative claims, and stay action is denied. Arbitration agreement Defendants bear the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence. (Correia v. NB Baker Electric, Inc. (2019) 32 Cal.App....
2022.07.28 Motion for Summary Judgment, Adjudication 887
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2022.07.28
Excerpt: ...d evidence that decedent was exposed to asbestos containing products attributable to Defendant. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 855.) Defendant failed to address Plaintiffs' interrogatory responses identifying Defendant's Fire‐Rated drywall as containing asbestos. (Defendant's Exhibit D [Plaintiff's Response to Defendant's Special 'Interrogatories, Set One] at 14:15‐23.) Plaintiffs' objection to the declaration of Dr. C...
2022.07.26 Demurrer 103
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.07.26
Excerpt: ...e demurs to the second cause of action for "hostile work environment harassment in violation of the FEHA." While not in the high range of hostility or harassment, the FAC's allegations against Harris are adequate for the pleading stage. (Id. at 1:24‐27, 7:11‐10:27, 21:16‐ 22.) This part of the demurrer is overruled. Second, Twitch Interactive, Inc., Amazon.com, Inc. and Amazon Advertising, LLC demur to the fifth and sixth causes of action f...
2022.07.22 Motion to Compel Further Responses 480
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.07.22
Excerpt: ...c. 17200 claims and show that Allstate failed to follow established law in issuing settlement checks. Allstate argues as to Nos. 1‐8 and 27‐30, that the requests are overbroad and unduly burdensome. Allstate argues that Nos. 15‐19 invade the privacy rights of insureds and are irrelevant to Allstate's practices for issuing settlement checks. Nos. 1‐7, 27‐30: the discovery as currently drafted is too broad and burdensome. Allstate submitt...
2022.07.21 Motion for Terminating Sanctions 265
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.07.21
Excerpt: ...g 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 motion sign the...
2022.07.21 Motion for Evidentiary Issue 599
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.07.21
Excerpt: ... 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 moti...
2022.07.19 Motion for Terminating Sanctions or Lesser Sanctions for Spoliation of Evidence 254
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.07.19
Excerpt: ...SER SANCTIONS FOR SPOLIATION OF EVIDENCE BY PLAINTIFF STEPHEN DEUXIER: 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 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 stipulat...
2022.07.19 Motion for Leave to Amend 378
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.07.19
Excerpt: ...ied as untimely. The statute's filing deadline is "two years after the complaint is filed or not less than nine months before the date the matter is first set for trial, whichever is earlier." (Id.) Here, the matter was first set for trial for October 17, 2022, thus establishing the CCP 425.13 filing deadline as January 22, 2022. The pending motion was not filed until June 6, 2022. After trial was set for October 17, 2022, parties objected and, s...
2022.07.15 Motion for Leave to File Amended Complaint 910
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.07.15
Excerpt: ... is denied. In this case, approximately one month after Defendants New York Life Insurance Company and NYLIFE Securities, LLC (collectively, "Defendants") moved for summary judgment or in the alternative summary adjudication, Plaintiffs moved to amend the complaint. Defendants oppose this motion on several grounds, including that it is untimely given trial is set to begin in less than two months, and granting leave to amend would prejudice Defend...
2022.07.14 Motion for Summary Adjudication 022
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.07.14
Excerpt: ...ative Defense. (Part 1 of 2 tentative ruling) Plaintiff/cross‐defendant Getaround, Inc.'s motion for summary adjudication is denied in its entirety. There is a triable issue of material fact regarding whether the parties entered into the express service agreement. The parties never signed the service agreement. (UMF 4.) Nevertheless, section 14.19 of the agreement provides that it "may" be executed in counterparts. (Leonard Decl., Ex. J [Servic...
2022.07.11 Demurrer to Amended Complaint 080
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.07.11
Excerpt: ...ehalf of an "Armanino," who/which apparently has no connection to this case. Second, all four grounds simply repeat the language of CCP 430.10(e) with no elucidation. This is inadequate. The Code of Civil Procedure mandates: "A demurrer shall distinctly specify the grounds upon which any of the objections to the complaint are taken. Unless it does so, it may be disregarded." (CCP 430.60.) "Each ground of [a] demurrer must be in a separate paragra...
2022.07.08 Motion for Reconsideration of Order to Declare Vexatious Litigant 417
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.07.08
Excerpt: ...otion For Order Declaring William Mora A Vexatious Litigant, Request For Prefiling Order, And To Furnish Security. The matter is transferred to be heard in department 303 before Judge Bolanos on July 13, 2022 at 9:30 a.m. Judge Bolanos issues the following tentative ruling: Plaintiff's motion for reconsideration is denied. First, plaintiff asks this court to exercise its inherent discretion to reconsider its prior order and the court denies that ...
2022.07.07 Motion to Vacate Entry of Default 397
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.07.07
Excerpt: ... default entered on December 2, 2020 is denied. After the defaults were entered, the parties entered into a settlement agreement. (Abramov Decl., Ex. D.) Section 9 of the agreement provides: 9. MUTUAL RELEASE OF ALL CLAIMS. In consideration for their faithful performance of the terms of this Settlement Agreement, the parties, for themselves, their successors, assigns, and, do hereby relinquish, waive, release, acquit and forever discharge each ot...
2022.07.06 Motion to Compel Further Responses, for Sanctions 310
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.07.06
Excerpt: ...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, the hearing will proceed before the Judge Pro Tem who will decide the motion with ...
2022.07.06 Motion to Compel Binding Arbitration 150
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.07.06
Excerpt: ... to compel arbitration and consolidation is denied without prejudice. First, plaintiff has not properly named or served James River Insurance Co. in this action. The court therefore lacks jurisdiction to grant the requested relief. Second, even if the court rules that James River's opposition qualifies as a general appearance, plaintiff fails to demonstrate that it currently has a right to compel arbitration. The James River insurance policy has ...
2022.07.05 Motion to Strike Doe Amendment 657
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.07.05
Excerpt: ...t on plaintiff after a Yellow Cab ride piloted by Wudue. The case is on for trial August 29, 2022. In setting that date, our presiding judge ordered: "All pre‐trial and discovery related deadlines to track the prior May 16, 2022 trial date. No further continuances." CCP 474 permits Doe defendants "[w]hen the plaintiff is ignorant of the name of a defendant." (Id.) In our court, where hundreds of Does are named annually, an attorney fills out a ...
2022.07.05 Demurrer 440
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.07.05
Excerpt: ...y 26, 2022." Defendant's demurrer was filed June 7, 2022 ‐ 12 days late. (See CCP 430.40; Jackson v. Doe (2011) 192 Cal.App.4th 743, 750 (court's discretion to consider untimely demurrer or not).) Moreover, the FAC adequately pleads an Unruh Act claim. Legally blind plaintiff Andres Gomez cannot use a computer without screen reader software (SRS). (FAC 3:15‐19.) Defendant's dba Your Home SF has a website that offers "information about houses ...
2022.07.01 Petition to Compel Arbitration 783
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.07.01
Excerpt: ...a clear and unmistakable delegation clause. (See AT&T Technologies, Inc. v. Communication Workers of America, 475 U.S. 643, 649 (1986).) Here, petitioner waived/abandoned its right to compel arbitration. Petitioner was aware of the Shum grievance by September 19, 2019. (Quinn Decl., Ex. 7.) Petitioner filed the grievance on December 19, 2019. (Petition, Ex. B.) The parties' collective bargaining agreement provides that petitioner has twenty‐two...
2022.06.30 Motion for Summary Judgment 598
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.06.30
Excerpt: ... vehicle that Miguel Barbonier drove and Mirka Del Castillo owned. (PRDSS 2.) Prieto allegedly bore fault for the accident by failing to yield to the Barbonier‐driven vehicle. (PSS 1.) Prieto was apparently working for PacPizza. In February 2019, plaintiffs settled bodily injury claims with the impecunious Barbonier and Del Castillo for policy limits. (PRDSS 3‐4; PSS 6‐8.) Plaintiffs signed "bodily injury only" releases of Del Castillo, Bar...
2022.06.30 Motion for Entry of Judgment Denying Writ of Petition of Administrative Mandamus and Traditional Mandamus 375
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.06.30
Excerpt: ...inistrative Mandamus And Traditional Mandamus. The City and County of San Francisco's motion "for entry of judgment denying writ for petition of administrative mandamus and traditional mandamus" is granted. On May 11, 2022, I held an extensive evidentiary hearing on the City's motion for enforcement of the settlement agreement governing this case. An order was filed May 13 and petitioner Krista Gillette was notified of it on May 16. Gillette's Ju...
2022.06.30 Motion for Reconsideration 176
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.06.30
Excerpt: ...nting Defendant Ccsfs Motion For Summary Judgment Based, In Part, On Ccp 473(B). Plaintiffs' "motion for reconsideration of the order granting defendant CCSF's motion for summary judgment based, in part, on CCP 473(b)" 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 1008; Gilberd v. AC Transit (1995) 32 Cal.App.4th 1494, 1500; see also ...
2022.06.29 Demurrer to Amended Complaint 413
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.06.29
Excerpt: ... fees after plaintiff's alleged false statements and concealments regarding the statute of limitations. (Id. at 5:1‐4, 5:28‐6:4.) This part of the demurrer is overruled. Second, the "breach of fiduciary duty" claim is based on the notion that defendant should have sued engineering consultants retained by an insurer. This sounds in negligence, not fiduciary duty; plaintiff cites no contrary authority. This part of the demurrer is sustained wit...
2022.06.27 Motion to Quash Service of Summons or Stay or Dismiss 067
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.06.27
Excerpt: ...e CCP 474 "phrase 'ignorant of the name of a defendant' is broadly interpreted to mean not only ignorant of the defendant's identity, but also ignorant of the facts giving rise to a cause of action against that defendant." (Fuller v. Tucker (2000) 84 Cal.App.4th 1163, 1170.) Moreover, "section 474 is to be liberally construed" and the "fact that the plaintiff had means to obtain information is irrelevant." (Id.) Here, I credit plaintiffs' stateme...
2022.06.24 Motion to Compel Deposition, Production of Docs, for Protective Order 331
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.06.24
Excerpt: ...12 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...
2022.06.24 Demurrer 300
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.06.24
Excerpt: ...ngful conduct of its agent, even if that conduct is criminal, in one of three ways: (1) if the principal directly authorizes ... [the tort or] crime to be committed; (2) if the agent commits the tort in the scope of his employment and in performing service on behalf of the principal, regardless of whether the wrong is authorized or ratified by [the principal], and even if the wrong is criminal; or (3) if the principal ratifies its agent's conduct...
2022.06.22 Petition to Confirm Contractual Arbitration Award Against Current Construction 766
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.06.22
Excerpt: ...confirm arbitration award is granted. Respondent Current Construction fails to show that the award should be corrected pursuant to Code of Civil Procedure section 1286.6. "Where a petition to confirm an award is at issue, the court is limited in its power to review the findings of the arbitrator and has narrow grounds upon which evaluate the arbitrator's award." (Cinel v. Christopher (2012) 203 Cal.App.4th 759, 769.) The Court determines that the...
2022.06.22 Motion to Compel Arbitration and Stay Action 680
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.06.22
Excerpt: ...may invoke an arbitration clause to compel a signatory plaintiff to arbitrate its claims when the causes of action against the nonsignatory are 'intimately founded in and intertwined' with the underlying contract obligations. [citations] By relying on contract terms in a claim against a nonsignatory defendant, even if not exclusively, a plaintiff may be equitably estopped from repudiating the arbitration clause contained in that agreement." (Bouc...
2022.06.22 Demurrer, Motion to Strike 749
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.06.22
Excerpt: ...ned without leave to amend. Plaintiff was previously granted leave to amend this cause of action. The first amended complaint fails to cure the defects identified by the Court and further leave to amend is therefore denied. Plaintiff, again, pleads no facts and cites no contractual language demonstrating that she is an intended third party beneficiary of the management agreement. There are no facts showing that "permitting the third party to brin...
2022.06.21 Motion to Compel Further Responses, for Sanctions 552
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.06.21
Excerpt: ...r of the CA 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 mtn. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the mtn may be heard by the Judge Pro Tem (JPT). If all parties to the mtn sign the stipulation, the hearing will proceed before the JPT who will decide the mtn with the same authority as a Superior Court Judge...
2022.06.21 Motion to Compel Deposition 575
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.06.21
Excerpt: ...earing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Judge Pro Tem (JPT). If all parties to the motion sign the stipulation, the hearing will proceed before the JPT 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 mtn sign the s...
2022.06.17 Motion for Protective Order 651
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.06.17
Excerpt: ... 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 consent...
2022.06.17 Motion to Strike 214
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.06.17
Excerpt: ...tion or aid to help the court interpret a contract. It is not a basis for liability under the UCL. (2) Delete the reference to CC 3294(c)(3). That provision defines "fraud" for the purpose of the punitive damages statute. Again, that provision is not a basis for liability under the UCL. (3) Remove the request for damages on the UCL claim. A party bringing a UCL claim can only recover restitution or an injunction. (See Korea Supply Co. v. Lockheed...
2022.06.17 Motion to Compel Further Responses, for Monetary Sanctions 651
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.06.17
Excerpt: ...ifornia State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior...
2022.06.16 Special Motion to Strike 055
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.06.16
Excerpt: ...nd Eleventh Causes Of Action From His Complaint. Defendants' "special motion to strike plaintiff's tenth and eleventh causes of action from his complaint (CCP 425.16)" is denied. Plaintiff was employed by defendant Jacobs Engineering Group; defendant Steven Defant was a Jacobs supervisor. Plaintiff alleges that Defant slandered him in 2021 by telling (1) "multiple staff members" at Jacobs that plaintiff "was coming to work drunk or impaired" (Feb...
2022.06.16 Motion to Change Venue 916
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.06.16
Excerpt: ... attorney fee dispute is denied. While conceding that "ordinarily the convenience of parties is not taken into consideration," defendants' sole ground for their motion is defendant Kursheed Husain's convenience. Husain's declares that her "medical necessities" are a "hinderance" to a trial in San Francisco. While this court is sympathetic, Husain does not explain how the hinderance would be less in neighboring San Mateo County. Husain reports spe...
2022.06.15 Motion to Set Aside Entry of Default 138
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.06.15
Excerpt: ... entered on 7/27/21 is granted. California has a strong policy to decide cases on the merits and defendant demonstrates extrinsic mistake as a basis for equitable relief. In Rappleyea v. Campbell (1994) 8 Cal.4th 975, 982, the California Supreme Court provided the following elements for equitable relief: (1) the defaulted party must demonstrate that it has a meritorious case; (2) the party seeking to set aside the default must articulate a satisf...
2022.06.10 Petition to Compel Arbitration and Motion to Stay Action 011
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.06.10
Excerpt: ... makes the arbitration provision unenforceable, fails. AB 51 is preempted by the Federal Arbitration Act ("FAA"). (Cal. Lab. Code sec. 432.6(f) ["Nothing in this section is intended to invalidate a written arbitration agreement that is otherwise enforceable under the Federal Arbitration Act"]; Chamber of Com. of United States v. Bonta (9th Cir. 2021) 13 F.4th 766, 781 ["we hold that Government Code [section] 12953 and Labor Code [section] 433 are...
2022.06.10 Motion to Stay Administrative Action 748
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.06.10
Excerpt: ...ffer and that the licensed hospital or agency is unlikely to prevail ultimately on the merits." (CCP 1094.5(h)(1).) Petitioner fails to demonstrate that respondent is unlikely to prevail on the merits. Petitioner contends that respondent violated Business and Professions Code section 2335 (c)(1) by not according proper weight to the administrative law judge's ("ALJ") decision. But that statute provides that the Board shall give great weight to th...
2022.06.09 Motion for Summary Adjudication, to Correct Clerical Error 704
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.06.09
Excerpt: ...f the summary adjudication statute. (See Paramount Petroleum Corp. v. Superior Court (2014) 227 Cal.App.4th 226, 241-242.) Plaintiff is attempting to summarily adjudicate factual issues under the guise of duty and/or not completely disposing of the issue of duty by attempting to parse it up. (See CCP 437c(f)(1).) The court cannot summarily adjudicate an issue of duty in a piecemeal fashion under CCP 437c(f)(1). Plaintiff's motion for summary adju...
2022.06.09 Motion for Summary Adjudication 759
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.06.09
Excerpt: ...ice. There is thus a disputed issue of fact whether plaintiff was an employee under the tests enunciated in Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018) 4 Cal.5th 903 and S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. Evidence indicates that plaintiff acted independently as an auditor and the parties decided to create an auditing business partnership. (Herrera Decl. Ex. C, [Plaintiff...
2022.06.09 Motion for Summary Adjudication 298
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.06.09
Excerpt: ... defendants owed a contractual duty to pay him. But plaintiff does not plead a breach of contract cause of action and his separate statement of undisputed fails to set forth clearly the terms or the type of alleged contract between the parties. A motion for summary adjudication must be addressed to the claims or defenses raised in the pleadings. (See 580 Folsom Assoc. v. Prometheus Develop. Co. (1990) 223 Cal. App.3d 1, 14.) Plaintiff fails to ma...
2022.06.08 Motion to Strike or Tax Costs 943
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.06.08
Excerpt: ..., 2022 (entered on March 3, 2022) affirming those costs is denied. The Court of Appeal opinion states: "Respondents are entitled to costs on appeal." (Lau Decl. 5, Exhibit D at p. 19.) This court cannot overrule that determination. If plaintiff believed that that ruling was erroneous, it was incumbent upon her to seek relief from the Court of Appeal before the remittitur issued. When an appellate court directs in its opinion a party is to recover...

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