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2019.12.31 Petition for Writ of Mandate 889
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.31
Excerpt: ...ntrary to the weight of the evidence. The evidence shows that Mendoza agreed to submit to a breath test but failed to complete the test when, on each of three attempts, he refused to place his lips completely over the mouthpiece, causing an error. (See Cole v. Department of Motor Vehicles (1983) 139 Cal.App.3d 870, 875 [compliance with the implied consent law consists of completing, not merely attempting the test offered].) Mendoza's failure to c...
2019.12.30 Demurrer, Motion to Strike 509
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.30
Excerpt: ...nt is denied. Although Plaintiff did not timely serve the second amended complaint in compliance with the court's order, Defendants did not seek entry of judgment pursuant to Code Civ. Proc., § 581(f)(2) before Plaintiff served the second amended complaint. Further, Defendants do not show that they met and conferred with Plaintiff before filing their motion to strike, as required by Code Civ. Proc., § 435.5. Any party who contests a tentative r...
2019.12.30 Motion for New Trial 688
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.30
Excerpt: ...brief. As the court previously noted, petitioner had the information that it needed to assert this issue prior to filing his moving papers, but he failed to do so. The reply brief was not rebutting an argument that respondent raised. Petitioner therefore waived the matter. Petitioner's citation to and reliance on an unpublished Court of Appeal decision is improper. (Cal. R. Ct. 8.1115(a).) The court rejects Petitioner's res judicata argument, whi...
2019.12.30 Motion for Summary Judgment 968
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.30
Excerpt: ...its initial burden. (See Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849 [a defendant moving for summary judgment "bears the burden of persuasion that one or more elements of the cause of action in question cannot be established, or that there is a complete defense thereto."].) Morrow‐Meadows has not established there are no triable issues of fact as to whether it is liable to Plaintiff. Morrow‐Meadows owed a duty of care to Plai...
2019.12.30 Motion to Compel Deposition of PMQ, for Monetary Sanctions 724
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.30
Excerpt: ...ecember 30, 2019, Line 1, PLAINTIFF FRED LARSEN Motion To Compel Defendant Top Dog Pet Care LLC (Dba Top Dog Sf) To Produce Its Person(S) Most Qualified And Custodian Of Records To Appear For Deposition And Production Of Documents And Request For Monetary Sanctions. Pro Tem Judge Bruce Highman, 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 m...
2019.12.24 Motion to Compel Deposition of PMK 469
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.24
Excerpt: ..., PETER YORKE, SHAUN SAMUELS Motion In Support Of Motion To Compel Deposition Of Person Most Knowledgeable Of Defendant And Cross‐Complainant Confluent Medical Technologies, Inc.; Memorandum Of Points And Authories; Declaration Of Kirk B. Freeman; Request For Judicial Notice Plaintiff Endovention, Inc.'s motion to compel deposition of person most knowledgeable of Defendant and Cross‐Complainant Confluent Medical Technologies, Inc. is granted ...
2019.12.24 Motion to Strike or Tax Costs 129
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.24
Excerpt: ...roceeding." Plaintiff's request for the court to exercise "discretion" under § 1032(a)(4) is misplaced. A prevailing party includes a "defendant in whose favor a dismissal is entered" such as Defendant in this matter, in whose favor judgment was entered on November 20, following its successful motion for summary judgment. (Code Civ. Proc. § 1032(a)(4).) A court may not consider the paying party's financial resources or inability to pay. (See Ne...
2019.12.23 Motion to Set Aside, Open or Vacate Judgment of Dismissal 663
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.23
Excerpt: ... And Or Vacate Judgment Of Dismissal Of Action With Prejudice, After Sustaining Of Demurrer To Complaint Without Leave To Amend And Order Granting Defendants Demurrer To Complaint, If Entered. (Part 2 Of 2 For Tentative Ruling). After the six-month period for statutory relief has passed, the court may still grant relief on equitable grounds, including extrinsic fraud or mistake. (Manson, Iver & York v. Black (2009) 176 Cal.App.4th 36, 47.) There ...
2019.12.23 Motion to Seal Highly Confidential Medical Records Submitted in Violation of Law, for Hardcore Sanctions 396
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.23
Excerpt: ...re Sanctions. Plaintiff's motion to seal is denied. Both parties' requests for sanctions are denied. "Unless confidentiality is required by law, court records are presumed to be open." (Cal. Rules of Court, Rule 2.550(c).) Records may be sealed only if the court "expressly finds" that "(1) There exists an overriding interest that overcomes the right of public access to the record; [] (2) The overriding interest supports sealing the record; [] (3)...
2019.12.23 Motion to Dismiss for Inconvenient Forum, for Stay of Action, Demurrer 053
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.23
Excerpt: ... loan agreement contains a mandatory forum selection clause, selecting San Francisco County for all disputes. (Compl., Ex. A, 6.) Thus, Defendant has contracted away his right to choose the forum. (Berg v. MTC Electronics Tch. (1998) 61 Cal.App.4th 349, 358 ["The factors that apply generally to a forum non conveniens motion do not control in a case involving a mandatory forum selection clause."]; Cal-State Bus. Prod. & Servs. (1993) 12 Cal.App.4t...
2019.12.23 Motion to Compel Further Responses, to Compel Compliance, for Monetary Sanctions 624
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.23
Excerpt: ...To Impose Monetary Sanctions On Defendants Patrick Foy, Franklin Loffer, Np Sand And Sea Partners, Llc, Nphss, Llc, And North Point Ocean Partners, Llc Pro Tem Judge Robert Kane, 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 ma...
2019.12.23 Motion to Appoint Receiver, for Preliminary Injunction 637
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.23
Excerpt: ...at Daniel Akhromtsev has been using CHH's funds to make questionable expenditures, including monthly car payments, credit card payments, gasoline, grocery shopping, dining, food delivery, and other personal expenses; and generally that Defendants have been managing CHH without the full knowledge or consent of Plaintiffs, although CHH's operating agreement provides that it "shall be controlled by its Members, acting unanimously." Defendants summar...
2019.12.23 Demurrer 731
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.23
Excerpt: ...ntiffs and Vantage Maintenance. (See Code Civ. Proc., § 452; Compl., 2, 5, 9, 11.) Vantage Maintenance argues the allegations use boilerplate language, but at the outset of litigation, the amount of specificity in Plaintiffs' complaint adequately gives the Defendants notice of the issues. (See, e.g., Barsegian v. Kessler & Kessler (2013) 215 Cal.App.4th 446, 451.) Similarly, at the pleading stage, Plaintiffs do not have to specifically name whic...
2019.12.23 Demurrer 701
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.23
Excerpt: ... 430.10(e).) "Res judicata bars a cause of action that was or could have been litigated in a prior proceeding if: '(1) the present action is on the same cause of action as the prior proceeding; (2) the prior proceeding resulted in a final judgment on the merits; and (3) the parties in the present action or parties in privity with them were parties to the prior proceeding. [Citation.]'" (Federal Home Loan Bank of San Francisco v. Countrywide Finan...
2019.12.19 Motion to Stay 622
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.19
Excerpt: ...ative mandamus in Superior Court. (See, e.g., Delta Dental Plan of California v. Banasky (1994) 27 Cal.App.4th 1598, 1605‐1608.) However, Defendant has not conclusively established that such a claim is the only cause of action that Dr. Khehra may bring following the termination of her membership or contract, or that all of her causes of action solely constitute challenges to such termination. (See, e.g., Economy v. Sutter East Bay Hospitals (20...
2019.12.19 Motion to Compel Arbitration 844
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.19
Excerpt: ...ys General Act of 2004 (PAGA) for civil penalties for Defendants' alleged violations of the California Labor Code governing, among other things, provision of meal and rest breaks, payment of wages, provision of itemized wage statements, and indemnification of expenditures. Claims under PAGA are not arbitrable. (Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 384 ["where, as here, an employment agreement compels the waiver o...
2019.12.19 Motion for Terminating, Evidence and Monetary Sanctions 886
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.19
Excerpt: ...quests For Admissions, Admitted 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 ...
2019.12.18 Petition to Compel Arbitration and Stay Proceedings 848
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.18
Excerpt: ...ide the scope of the arbitration clause in the Operating Agreement, which provides that "any dispute arising out of this Agreement shall be arbitrated under the terms of this clause." This clause is limited in scope to disputes relating to the interpretation and performance of the Operating Agreement. (See Rice v. Downs (2016) 248 Cal.App.4th 175, 187.) Plaintiff's "Complaint for Breach of Written Loan Agreement" does not allege any breach of the...
2019.12.18 Motion for Summary Judgment 391
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.18
Excerpt: .... Plaintiff has maintained its burden of production on each of its claims for breach of contract and common counts based upon the declaration of Plaintiff's qualified witness, Jarrad M. Emamian. The Court overrules Defendant's objections to the Emamian declaration. Mr. Emamian properly lays a foundation to testify regarding the Bank's business records, which meet the business records exception of Evidence Code, § 1271. (Emamian Decl., 1‐5; Peo...
2019.12.17 Motion for Attorney Fees 690
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.17
Excerpt: ...staining without leave to amend Defendants' demurrer to the petition for writ of mandate and complaint for injunctive and declaratory relief, the Court entered judgment against Petitioners, and directed that they "shall take nothing by reason of their complaint" and that the action be dismissed with prejudice. Petitioners are not entitled to attorneys' fees under the Ralph M. Brown Act. Government Code section 54960.5 authorizes a court to award ...
2019.12.17 Demurrer 850
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.17
Excerpt: ...ction for declaratory and injunctive relief is sustained without leave to amend. (See Code Civ. Proc., § 1061 ["The court may refuse to exercise the power granted by this chapter in any case where its declaration or determination is not necessary or proper at the time under all the circumstances."] The gravamen of the third cause of action contests respondent Regents' conduct during the course of the substitution administrative hearing. (Complai...
2019.12.16 Demurrer 985
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.16
Excerpt: ...tion for breach of contract alleged by Solvd, sustained without leave to amend as to the sixth cause of action for violation of Penal Code 496, and overruled as to all other causes of action. The breach of contract claim alleged by Solvd, a non‐party to the contract, lacks ultimate facts to support Solvd's ability to sue as a successor. There is no allegation why Solvd is a successor to QaProsoft. The second through fourth causes of action for ...
2019.12.16 Motion to Compel More Particularized Identification of Trade Secrets, to Enforce Protective Order, Stay Discovery 354
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.16
Excerpt: ... Enforce Protective Order, And Stay Discovery Pro Tem Judge Aaron Minnis, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proc...
2019.12.13 Motion to Compel Further Responses 796
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.13
Excerpt: ...ed to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to sign given by email...
2019.12.13 Motion to Compel Deposition of PMK 369
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.13
Excerpt: ...IA MATURIN'S Motion To Compel Deposition Attendance Of Defendant General Motors Llcs Person(S) Most Knowledgeable And Custodian(S) Of Records; And Request For Sanctions 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 agreei...
2019.12.13 Demurrer 878
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.13
Excerpt: ... leave to amend. Ms. Bell alleges that the City is directly and vicariously liable for the negligent training, hiring, and disciplining of its officers. The City has no direct liability for negligent hiring and supervision. (de Villers v. County of San Diego (2007) 156 Cal.App.4th 238, 252 ["We find no relevant case law approving a claim for direct liability based on a public entity's allegedly negligent hiring and supervision practices."]; Munoz...
2019.12.13 Demurrer 860
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.13
Excerpt: ...duty and the eighth cause of action for fraud in the cross-complaint filed by Robert and Nili Poynter is overruled as to all three causes of action. The cross-complaint does not show that the negligent misrepresentation and fraud claims are necessarily barred by the statute of limitations. Assuming the limitations period began to run in April 2016, the cross- complaint was filed within three years of the filing of this lawsuit. (ZF Micro Devices,...
2019.12.12 Motion to Sanction, to Set Aside and Void Judgment 983
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.12
Excerpt: ... DEFENDANT DONG FU's Motion To Sanction Demas Yan, Tina Yan, And Mark Lapham And To Set Aside And Void (1)Judgment Of January 14, 2015 And (2) Acknowledgment Of Assignment Of Judgment Of August 5, 2019 And To Deem Or Declare Demas Yan And Tina Yan To Be Alter Ego Of Legal Recovery, LLC. Defendant Dong Xing Fu's motion to sanction Demas Yan, Tina Yan and Mark Lapham, to set aside the judgment of January 14, 2015 and the assignment of that judgment...
2019.12.12 Motion for Summary Judgment 726
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2019.12.12
Excerpt: ...t possess, and cannot reasonably obtain, needed evidence that he was exposed to asbestos‐containing products or materials attributable to Defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 855.) Defendant failed to ask follow up questions about Bob Johnson, who Plaintiff testified made purchases with him at the Pacific Coast Building Supply Store. (Triplett Declaration, Ex. B at 667; Scheiding v. Dinwiddie Constr. Co. (1999) 6...
2019.12.12 Motion to Change Venue 359
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.12
Excerpt: ... ends of justice would be promoted by the change." The burden is on the party seeking a change of venue to prove 1) that the convenience of witnesses and 2) that the ends of justice will be promoted by a change. (Corfee v. Southern California Edison Co. (1962) 202 Cal.App.2d 473, 477.) To show the convenience of witnesses, the moving party "must do through affidavits which contain something more than generalities and conclusions. Affidavits or de...
2019.12.12 Motion for Peremptory Writ of Administrative Mandamus 661
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.12
Excerpt: ...omplaints were untimely. "Substantial evidence" is defined as evidence of "ponderable legal significance?reasonable in nature, credible, and of solid value?[and] relevant evidence that a reasonable mind might accept as adequate to support a conclusion." (Young v. Gannon (2002) 97 Cal.App.4th 209, 225.) The parties agree that "[u]nder the City's internal complaint procedures, complaints of discrimination must be filed within 180 calendar days of t...
2019.12.12 Motion to Strike Punitive Damages, Demurrer 647
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.12
Excerpt: ...gainst it in the first amended complaint filed by plaintiff Coby Velasquez is granted without prejudice to Mr. Velasquez's right to file a motion seeking leave to amend to allege punitive damages allegations against Ridge Tool if and when Mr. Velasquez discovers or otherwise learns of and is able to plead facts supporting punitive damages liability against Ridge Tool. No opposition filed and good cause shown. Mr. Velasquez has not alleged suffici...
2019.12.12 Motion to Transfer Venue 954
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.12
Excerpt: ...unty Superior Court. Defendant Julie Anne Mesman's motion to change venue is denied. Defendant's motion to change venue under Code Civ. Proc. § 397(a)'s mandatory grounds is denied. On a motion to change venue, the burden is on the moving party to show (1) that venue is proper in a different county than the one in which the lawsuit was filed and (2) that venue is improper in the current county under any applicable theory. (La Mirada Community Ho...
2019.12.10 Motion to Transfer Venue 954
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.10
Excerpt: ... Superior Court. Defendant Julie Anne Mesman's motion to change venue is denied. Defendant's motion to change venue under Code Civ. Proc. § 397(a)'s mandatory grounds is denied. On a motion to change venue, the burden is on the moving party to show (1) that venue is proper in a different county than the one in which the lawsuit was filed and (2) that venue is improper in the current county under any applicable theory. (La Mirada Community Hospit...
2019.12.10 Motion to Compel Further Responses, Request for Sanctions 753
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.10
Excerpt: ...ge Steve Stein, 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 wi...
2019.12.10 Motion for Summary Judgment, Adjudication 769
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.10
Excerpt: ... Or, In The Alternative, Summary Adjudication Of Issues. Defendants San Francisco Unified School District, Valerie Hoshino, Lisabeth Castro-Smyth, and Julie Goot's motion for summary judgment and alternative motion for summary adjudication are denied in their entirety. As to the breach of mandatory duty claim, the court determines that CANRA required that a report be made on behalf of plaintiff John Doe as a victim and there is a triable dispute ...
2019.12.6 Motion to Vacate Default Judgment 094
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.6
Excerpt: ...[C]ompliance 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. Under section 473, subdivision (d), the court may set aside a default judgment which is valid on its face, but void, as a matter of law, due to improper service." (Ellard v. Conway (2001) 94 Cal.App.4th ...
2019.12.6 Motion for Leave to File Amended Complaint 170
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.6
Excerpt: ...oss‐complaint is granted on the following specified conditions which Geo‐Cell must agree to either orally at the hearing or in writing sent to counsel for cross‐defendant Maxxon Corporation prior to the hearing. The conditions that Geo‐ Cell must agree to are: 1) Geo‐Cell must serve verified code‐compliant responses without objection other than privilege no later than December 16, 2019 to the following deem‐served discovery: a) stat...
2019.12.3 Demurrer 439
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.3
Excerpt: ...ely concede that they have failed to exhaust administrative remedies. (See Contractors' State License Board v. Sup. Ct. (2018) 28 Cal.App.5th 771, 778‐79.) Plaintiffs nonetheless urge me to bypass the administrative proceedings using a "public policy exception" that appellate courts sometimes invoke, usually without calling it that. However, I believe a factual record developed in the administrative proceedings would be beneficial to reasoned a...
2019.12.2 Motion to Compel Further Responses, for Sanctions 677
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.2
Excerpt: ...s all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party a...
2019.12.2 Demurrer, Motion to Strike 985
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.12.2
Excerpt: ... all overruled: 1: A "plaintiff may plead the legal effect of the contract rather than its precise language." (Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 189, 199.) Moreover, defendants claim no lack of clarity regarding the contract. (Id.) 2: Alter ego is adequately pled against the individual defendants. (Cmplt. 2:19-3:19.) 3: Promissory fraud is adequately pled; e.g., the complaint alleges that defendant...
2019.11.27 Motion to Compel Further Responses 782
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.11.27
Excerpt: ...er 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 authority ...
2019.11.25 Demurrer 427
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.11.25
Excerpt: ... Kimomex's CEO, CFO and secretary. (TAC 7:11‐15.) Lujan was also Kimomex's responsible managing employee (RME), making him personally liable for its unpaid sales, employment and income taxes. (Id.) Lujan pleads that "commencing in 2014, taxing authorities have seized on" him "to satisfy these liabilities based on his status as RME." (Id. at 9:12‐15.) On August 23, 2019, Lujan filed his TAC; it pleads a single cause of action, for "indemnity a...
2019.11.25 Motion for Sanctions, for Protective Order 021
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.11.25
Excerpt: ...r A Protective Order Against Anna Gatti For Failure To Attend And Proceed With Noticed Deposition Under CCP 2025.430, 2025.420 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 T...
2019.11.22 Motion to Sever Petition for Writ of Mandate 426
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.11.22
Excerpt: ...Unum Life Insurance Company of America's motion to sever is granted. The court severs the cause of action for writ of mandamus against the Commissioner of the Department of Insurance and directs the Clerk of the Court to assign a new case number to that claim. There is no basis for mandatory joinder of the writ of mandamus claim against the Commissioner and the breach of contract and bad faith claims against the insurers. Compulsory joinder is re...
2019.11.22 Motion to Enforce Settlement and Enter Judgment 074
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.11.22
Excerpt: ...mayof, Simayof, Inc., a California corporation, and SIMUS, Inc., a California corporation, dba Simayof; and to a judgment of $135,000 against World of Charms, Inc., a Nevada corporation, aka WOC, Inc., aka Sarit Simayof Reveal Your Charm and Sarit Simayof, aka Sarit Simhayoff‐ Cohen, an individual (hereinafter "WOC"). The evidence indicates that Adi Simayof breached the stipulation for entry of judgment by failing to make timely payments. Mr. S...
2019.11.21 Motion to Contest Good Faith 219
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.11.21
Excerpt: ... Determination. Caritas Management Corporation's Motion to Contest Good Faith Settlement is granted. This ruling is without prejudice to settlors renewing their application for a good faith determination upon a proper evidentiary showing. Although settlors assert this is a "miniscule" liability case in light of Caritas' role in hiring and supervising Mr. Bursey, they have not presented any admissible evidence that would enable the Court to determ...
2019.11.21 Motion to Change Venue 523
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.11.21
Excerpt: ... lawsuit was filed and (2) that venue is improper in the current county under any applicable theory. (La Mirada Comm. Hosp. v. Sup. Ct. (1967) 249 Cal.App.2d 39, 42.) Defendant fails to show that venue is improper in San Francisco County under any applicable theory. Under Code of Civil Procedure § 395.5, a "corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability ...
2019.11.21 Motion for Summary Judgment 700
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2019.11.21
Excerpt: ...dence that he was exposed to asbestos‐containing products or materials attributable to Defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) Plaintiff testified that insulation dust would fall from the boards when the scaffolding was dismounted and dismantled and dust would float through the air while employees were walking around the process. (Defendant's Ex. E [Houchins Deposition at 746].) Plaintiff also testified that indust...
2019.11.21 Motion for Amended Petition of Writ of Mandate 748
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.11.21
Excerpt: ...he court employs the independent judgment rule when analyzing petitioner's writ of mandate because she has a fundamental vested right to the disability benefits if in fact she was disabled in 2004 when she stopped working for respondent. (See Beckley v. Board of Administration (2013) 222 Cal.App.4th 691, 697.) "[I]n exercising its independent judgment, a trial court must afford a strong presumption of correctness concerning the administrative fin...
2019.11.6 Motion to Stay Based on Forum Non Conveniens 546
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.11.6
Excerpt: ...bject matter as is involved in a California action, the California court has the discretion but not the obligation to stay the state court action." (Caiafa Prof. Law Corp. v. State Farm Fire & Cas. (1993) 15 Cal.App.4th 800, 804; see also Mave Enterprises, Inc. v. Travelers Indemnity Co. (2013) 219 Cal.App.4th 1408, 1423 ["In general, 'the pendency of a prior action in a court of competent jurisdiction, predicated on the same cause of action and ...
2019.11.6 Motion to Strike Claim for Punitive Damages 484
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.11.6
Excerpt: ...im for punitive damages alleged in First Amended Complaint is granted without leave to amend. In order to state a prima facie claim for punitive damages, a complaint must set forth the elements stated in the general punitive damage statute, Civil Code section 3294, including allegations that the defendant has been guilty of oppression, fraud, or malice. (Civ. Code § 3294(a).) "Malice" is defined as conduct "intended by the defendant to cause inj...
2019.11.5 Demurrer 488
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.11.5
Excerpt: ...t required to attach a copy of the contract or plead its terms verbatim to state a claim. (Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 189, 199 ["a plaintiff may plead the legal effect of the contract rather than its precise language."]; Scolinos v. Kolts (1995) 37 Cal.App.4th 635, 640 ["A contract should be pleaded either in haec verba or according to its legal intendment and effect."].) To plead a contract...
2019.11.5 Motion to Compel Deposition, for Protective Order, for Monetary Sanctions 071
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.11.5
Excerpt: ...er Questions, And For Monetary Sanctions Pro Tem Judge Steven Stein, 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 b...
2019.11.5 Motion to Impose Discovery Sanctions 596
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.11.5
Excerpt: ...) Pro Tem Judge Steven Stein, 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...
2019.11.5 Motion to Transfer Venue 838
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2019.11.5
Excerpt: ...burden of demonstrating that the convenience of witnesses and the ends of justice will be promoted by transfer. Defendant also failed to post the transfer fees at the time of the filing of the motion under C.C.P. § 399(a). The motion is denied under C.C.P. § 397(a) as Defendant was dilatory in bringing this motion. If a hearing is requested, it will be at 9:30 a.m. A court reporter will not be provided by the court. If any party wishes to have ...
2019.11.4 Motion for Attorneys' Fees 548
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.11.4
Excerpt: ...tiffs, the provision under which Defendant seeks to recover its attorney's fees is a third‐party claims indemnity provision, not a prevailing party attorney's fees clause. By that provision, entitled "WAIVER OF SUBROGATION," "the Shipper agrees to indemnify and hold harmless CAI from any claim or lawsuit arising from the shipment of the Property via CAI, including but not limited to, any action commenced by any insurers or third parties." "A cl...
2019.11.4 Motion to Compel Answers, for Sanctions 498
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.11.4
Excerpt: ...ry 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 conse...
2019.2.21 Motion to Enforce Settlement, Petition to Compel Return to Arbitration and Stay Proceedings 679
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.21
Excerpt: ...ter judgment pursuant to Code Civ. Proc. § 666.4 are satisfied. There was no "pending litigation" between the parties when they stipulated that their settlement may be enforced under § 664.6. (Kirby v. Southern California <0003003e00550048004f00 00460058005700480047[ before suit filed could not be enforced under § 664.6]; see also Viejo Bancorp, Inc. v. Wood (1989) 217 Cal.App.3d 200, 206 ["By its very terms, section 664.6 is limit...
2019.2.21 Motion to Dismiss 012
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.21
Excerpt: ...s filed on October 24, 2016. Plaintiff failed to exercise reasonable diligence in the prosecution of this action. He did not serve defendant with the summons and complaint for over six months, causing the Court to issue an order to show cause. The delay was not attributable to settlement negotiations or discussions. Plaintiff was not reasonably diligent in either seeking or responding to discovery. Plaintiff failed timely to respond to proper dis...
2019.2.21 Motion to Compel Arbitration, Stay Proceedings 891
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.21
Excerpt: ...attorneys' fees and costs as sanctions is denied. Plaintiff Toni Lessler expressly consented to the Mutual Arbitration Agreement ("MAA" or "the agreement") by signing it. Defendant's signature on the MAA was not a requirement for Defendant to enforce the agreement to compel arbitration. (See Serafin v. Balco Properties Ltd., LLC (2015) 235 Cal.App.4th 165, 176 ["[T]he writing memorializing an arbitration agreement need...
2019.2.21 Motion for Summary Judgment 692
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2019.2.21
Excerpt: ...s‐containing products or materials attributable to defendant. (Weber v. John Crane, Inc. (2006) 143 Cal.App.4th 1433, 1442.) The burden of production "should not shift without stringent review of the direct, circumstantial and inferential evidence." (Sheiding v. Dinwiddie Construction Co. (1999) 69 Cal.App.4th 64, 83.) Defendant cannot rely on a plaintiff's factually devoid discovery responses in the absence of conducting comprehens...
2019.2.21 Motion for Summary Adjudiction 383
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.21
Excerpt: ... written fee agreements between an attorney and a client, Business and Professions Code section 6148(a) requires an attorney, at the time the contract is entered into, to "provide a duplicate copy of the contract signed by both the attorney and the client . . . to the client." Failure to comply with any provision of section 6148 "renders the agreement voidable at the option of the client," but "the attorney shall, upon the agr...
2019.2.21 Motion for Leave to File Amended Complaint 211
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.21
Excerpt: ...eir First Amended Cross‐Complaint. Judge Schulman discloses that he is personally acquainted with Jeffrey Lowenthal, one of Defendants' counsel. This will not interfere with his ability to fairly and impartially decide this matter. Defendants Fifth Historic Properties, LLC,, Martin Mcnerney Development, Inc., 418 Jessie Historic Properties, LLC, 418 Jessie Properties, LLC's motion for leave to file a first amended cross‐complaint is g...
2019.2.21 Demurrer 520
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.21
Excerpt: ... to amend as to all causes of action. Mr. Sherwin has failed to plead facts demonstrating or excusing compliance with the claims presentation requirement of Gov't Code § 900 et seq. (State of California v. Superior Court (2004) 32 Cal.4th 1234.) Mr. Sherwin has not alleged his claim was delivered to the Office of Risk Management at the Office of the Chancellor of the California State University as required by Gov't Code § 915 (d) or tha...
2019.2.21 Petition to Compel Arbitration, Stay Civil Action 279
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.21
Excerpt: ...9;s Petition/Application To Compel Arbitration And Stay Civil Action.(part 1 of 2) Defendants Milestone Financial, LLC, Bear Bruin Ventures, Inc., William R. Stuart, Carolyn Stuart, and Zoe Hamilton's petition to compel arbitration and stay civil action is denied. Plaintiffs allege that they were fraudulently induced to enter into the original loan agreement and later loan modification agreements by Defendants' fraudulent misrepresentatio...
2019.2.20 Motion to Determine Good Faith Settlement 637
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.20
Excerpt: ...as carefully considered the declarations and documents filed by all three cross-defendants seeking good faith determinations in this case, particularly Plaintiff's interrogatory responses regarding the amount of their claimed damages and the report of Plaintiffs' expert Richard Avelar regarding the causes of the claimed damages and the costs to repair the identified water intrusion and associated damages. The discovery responses, expert r...
2019.2.20 Petition to Compel Arbitration or Dismiss or Stay Proceedings 900
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.20
Excerpt: ... Inc.'s petition to compel arbitration of the claims asserted in plaintiff Okan Pergil's first amended complaint is granted and the action is stayed pending conclusion of the arbitration proceedings. Beverages & More has met its burden to show by a preponderance of the evidence that Mr. Pekgil electronically signed the Arbitration Agreement by completing an onboarding process which plaintiff accessed through his personal email account sho...
2019.2.20 Motion to Stay Proceedings 201
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.20
Excerpt: ...s denied. A trial court considering a forum non conveniens issue engages in a two‐step process. The first step is to determine whether a suitable alternative forum exists. (National Football League v. Fireman's Fund Ins. Co. (2013) 216 Cal.App.4th 902, 917.) Where (as here) there is a suitable alternative forum, the court proceeds to the next step, consideration of the private interests of the parties and the public interest in keeping the ...
2019.2.20 Demurrer 790
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.20
Excerpt: ... action 1-6. Insurance Code § 790.05 provides that whenever the Commissioner shall have reason to believe that an unfair practice is occurring and it would be in the public interest to issue an order to show cause, then the Commissioner shall issue an order to show cause. Plaintiffs allege that persons are violating Insurance Code §§ 14022 and 14022.5, the Commissioner has been apprised of specific evidence regarding these violations, and that...
2019.2.20 Demurrer 996
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.20
Excerpt: ...n Tober's first amended complaint is overruled as to the first and fifth causes of action for breach of contract and breach of Business & Professions Code section 17200, and sustained without leave to amend as to the second, third and fourth causes of action for interference with contractual relations, willful failure to pay wages in violation of the Labor Code, and intentional interference with prospective economic advantage. As an initial m...
2019.2.20 Motion for Summary Judgment, Adjudication 862
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.20
Excerpt: ...ges is granted. Plaintiffs have not shown clear and convincing evidence that Defendants committed or ratified an act of oppression, fraud, or malice, or evidence from which such an inference reasonably could be drawn. (Civ. Code § 3294(b).) Summary adjudication of plaintiffs' retaliation claims is granted because plaintiffs have failed to make a prima facie showing of any causal link between their protected activity and any alleged adverse e...
2019.2.20 Motion to Compel Responses, for Production of Docs, Establishing Admissions, for Sanctions 959
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.20
Excerpt: ...est For Production Of Documents; Compelling Responses To Written Interrogatories; Establishing Admissions; And Request For Sanctions. Plaintiff CACH, LLC's motion for order compelling responses to Plaintiff's request for production of documents, compelling responses to written interrogatories, establishing admissions, and request for sanctions is granted in part. Defendant William Taylor's discovery responses were due by November 20, ...
2019.2.19 Motion for Summary Judgment 563
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.19
Excerpt: ... is denied. Defendant does not maintain its initial burden of production. Defendant fails to show that the fine dust on the light colored floor was a trivial defect and therefore there is a triable issue of material fact regarding the existence of a dangerous condition of property. (Vargas Special Rog. Response, #1.) Privette v. Sup. Crt. (1993) 5 Cal.4th 689 and its progeny are inapposite. The instant action does not involve the injury of an emp...
2019.2.19 Demurrer, Motion to Strike 408
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.19
Excerpt: ...x v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal.4th 797, 808; Amended Complaint, 42.) Plaintiff's allegations of exclusive knowledge and active concealment support the claim in the absence of a fiduciary relationship. (See Heliotis v. Schuman (1986) 181 Cal.App.3d 646, 651; Amended Complaint, 12-15 and 102.) The economic loss rule does not bar the claim because plaintiff pleads tortious conduct independent of the alleged breach of contract. Any...
2019.2.19 Motion for Preliminary Injunction or to Stay Arbitration, for Consolidation, for Joinder 761
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.19
Excerpt: ...ay Arbitration And For Consolidation Arterra's motion for preliminary injunction is DENIED. The Association and JAMS are not parties to this action. In fact, Arterra seeks injunctive relief against non-party JAMS and there is no showing that JAMS even has notice of this motion. While in some circumstances an injunction can run against a non-party agent, the court believes that the better practice would be to name JAMS or at the very least giv...
2019.2.19 Motion to Consolidate 248
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2019.2.19
Excerpt: ...r Gypsum Company, Inc. and Hanson Permanente Cement, Inc. formerly known as Kaiser Cement corporation, into the following subgroups: 1) wrongful death/mesothelioma; 2) living/lung cancer: 3) wrongful death/lung cancer; 4) living/other cancer; 5) wrongful death/other cancer; 6) living/asbestosis; 7) wrongful death/asbestosis; 8) living/pleural disease, is denied. The actions do not involve sufficient common questions of law or fact, economy and co...
2019.2.19 Motion to Dismiss Proceeding and Petition for Relief 311
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.19
Excerpt: ...e Alternative Transfer, For Lack Of Subject Matter Jurisdiction And Supporting Memorandum Defendant State Compensation Insurance Fund's motion to dismiss proceeding and its petition for relief or, in the alternative, transfer for lack of subject matter jurisdiction are DENIED without prejudice to renewal after the second amended complaint is filed. Absent an operative complaint, I would largely be ruling in a vacuum. Though State Fund did not...
2019.2.15 Motion for Reconsideration or Order Granting Reinstatement of Default 425
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.15
Excerpt: ...t Carlos Del Olmo's motion for reconsideration of the September 27, 2018 order reinstating the default entered against him on February 13, 2018 is granted on the condition that Mr. Del Olmo pay plaintiff Leslie <0003001500130014001c00 00480003005700520003>pay that sum by the required date will result in prejudgment interest of 10 percent per year on any unpaid amount added to the amount due, but is not a basis to reinstate the default entered...
2019.2.15 Motion to Quash Subpoena, for Protective Order 431
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.15
Excerpt: ...ber 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 authority...
2019.2.14 Motion for Determination of Good Faith Settlement 493
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.14
Excerpt: ...nation that its settlement with plaintiff Thomas Lewis is in good faith per CCP 877.6 is granted. MRL has adequately addressed all of the applicable Tech‐Bilt factors. The ECIG defendants have not shown that the settlement between Mr. Lewis and MRL is outside the ballpark. The amount of the settlement represents a fair approximation of MRL's proportionate share of a judgment notwithstanding the reasonable prospect of a liability finding aga...
2019.2.14 Motion for Summary Judgment 705
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.14
Excerpt: ...utes whether: 1) the combination of the carpet, gap, and lip of the trim constitutes a dangerous condition of property (Williamson Depo 63:14‐23; 68:2‐19; 69:22‐71:13) and 2) that condition caused Ms. Tryon's injury (Williamson Depo 69:22:1‐71:13). While Sutter's reply memorandum argues that Ms. Tryon has no evidence on the element of notice, Sutter's notice of motion does not mention that issue nor was that issue argued in Su...
2019.2.14 Motion for Peremptory Writ of Administrative Mandamus 487
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.14
Excerpt: ...al mandamus is denied. The court reviews legal issues de novo and employs the substantial evidence test in reviewing hearing officer Lowe's factual findings. (Strumsky v. San Diego County Employees Retirement Ass'n, (1974) 11 Cal.3d. 28, 32; Zuniga v. San Mateo Department of Health Services, (1990) 218 Cal.App.3d 1521, 1530 (substantial evidence test used to review order to destroy dog).) Substantial evidence in the record demonstrates th...
2019.2.14 Motion for Mandatory Attorneys' Fees 093
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.14
Excerpt: ...anted in part. Ms. Franus is awarded $10,044.54 in fees and costs, the amount she sought in her initial motion. It is undisputed that, by her attorney, Ms. Franus agreed not to pursue further efforts to seek fees and costs for the services rendered in her successful anti‐SLAPP motion in return for full payment of the amount she sought in her initial fees and costs motion. Plaintiff Jennifer Thompson fully performed her part of the agreement. Th...
2019.2.14 Petition to Compel Arbitration and Stay Action 938
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.14
Excerpt: ...proceedings on all of the claims alleged by plaintiff Maria Tatone other than her PAGA claim. The Arbitration Agreement supersedes all inconsistent language in the Offer Letter and requires the parties to arbitrate all "Arbitrable Claims" as defined in the Arbitration Agreement except claims relating to the rights and obligations of the parties set forth in the CIAA. The parties' three agreements can easily be harmonized and reconcile...
2019.2.14 Motion to Compel Further Responses 850
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.14
Excerpt: ... To Plaintiff Artem Koshkalda And Andriy Kravchuks Responses To Form Interrogatories Set One Special Interrogatories Set One And Requests For Production Of Documents Set One Pro Tem Judge Roger Mead, 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 agreei...
2019.2.14 Motion to Compel Responses, for Monetary Sanctions 581
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.14
Excerpt: ..., And For Monetary Sanctions Pro Tem Judge Roger Mead, 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 Judg...
2019.2.13 Motion to Compel Arbitration, to Stay Proceedings 600
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.13
Excerpt: ... case is stayed pending the conclusion of arbitration proceedings on all of the claims filed by plaintiff Rachel Moore other than her PAGA claim. Ms. Moore's PAGA claim is not subject to arbitration per the California Supreme Court's decision in Iskanian. Considered singly or collectively, none of the litigation conduct of the moving defendants constitutes a waiver of their right to arbitrate the claims of plaintiff Rachel Moore nor has M...
2019.2.13 Motion for Attorneys' Fees 093
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.13
Excerpt: ...es In Support; Declaration Of Timothy H. Stearns; Proposed Order Defendant Mary Franus' amended motion for an award of mandatory attorney's fees and costs is granted in part. Ms. Franus is awarded $10,044.54 in fees and costs, the amount she sought in her initial motion. It is undisputed that, by her attorney, Ms. Franus agreed not to pursue further efforts to seek fees and costs for the services rendered in her successful anti‐SLAPP mo...
2019.2.13 Motion for Attorney's Fees 460
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.13
Excerpt: ...n for attorneys' fee per CCP 425.16 is denied. The unsuccessful arguments made by defendant Twitter, Inc. why the claims alleged by plaintiffs were not covered by the public interest exception to the activity protected by the anti‐SLAPP statute were neither totally and completely without merit nor solely intended to delay this case. Twitter's arguments fall well within the broad range of permissible and non‐ sanctionable arguments tha...
2019.2.13 Motion to Dismiss or Stay, for Preliminary Injunction 552
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.13
Excerpt: ... Hall is granted. The Supreme Court of New York is the proper forum, at least in the first instance, for the adjudication of Ms. Hall's claims against Mr. Rosen. Mr. Rosen was appointed as an assignee per a New York statutory scheme and the New York court has supervisory authority over Mr. Rosen, which includes the authority to impose personal liability against Mr. Rosen for his conduct relating to his role as assignee. While California has a...
2019.2.13 Motion to Strike Answer to Petition for Writ of Mandate, for New Trial, for Relief 160
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.13
Excerpt: ...e is granted. The answer filed by real party in interest Christopher Garrison after the writ decision by Judge Quidachay is untimely and was not authorized by the court. Mr. Garrison has not cited any authority, nor is the court aware of any authority, allowing a real party in interest in a writ proceeding who didn't participate in the case prior to the decision to file an answer after the decision. Any party who contests a tentative ruling m...
2019.2.11 TRO, OSC Re Preliminary Injunction 599
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.11
Excerpt: ...y with the money deposited into Wells Fargo Bank accounts xxxxxx4046 and xxxxxx4826 until entry of final judgment in this action is granted. The motion is unopposed and Thermo Energy has shown that it is likely to prevail on the merits of its fraud claims against Doe defendants based on evidence that Thermo Energy has been the victim of a fraudulent phishing scheme. (Collard Decl. Exh. A‐ E 12). Thermo Energy has also shown that it is likely to...
2019.2.11 Motion to Deem Admitted Truth of Facts, for Monetary Sanctions 647
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.11
Excerpt: ...nia 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 Cou...
2019.2.11 Motion for Leave to File Amended Complaint 614
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.11
Excerpt: ...nsel for defendants Eric Smith and Berman Skin Institute Medical Group, Inc. prior to the hearing. The conditions that Mr. Perez must agree to are: 1) after the first amended complaint is filed, defendants may withdraw their current motion for summary judgment and file one or more motions for summary judgment and/or adjudication on 30 days instead of 75 days' notice; 2) Mr. Perez must serve verified code‐compliant responses without objectio...
2019.2.11 Demurrer 211
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.11
Excerpt: ...ded Notice Of Hearing On General And Special Demurrers To Plaintiffs Superseding Third Amended Complaint Defendants Station House C1, LLC, VC Multifamily Portfolio Venture GP, LLC and VC Fund C-1, LLC's demurrer to the first, second and fourth causes of action in the superseding third amended complaint filed by plaintiff Mint Collection - 410-418 Jessie Street Condominium Owners' Association is sustained without leave to amend as to all t...
2019.2.1 Motion for Summary Judgment, Adjudication 431
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.1
Excerpt: ...2019, 2018, Line 17, DEFENDANT THE CANADA LIFE ASSURANCE COMPANY, COMPUTER SCIENCES CORPORATION, SWISS RE LIFE & HEALTH AMERICA, INC. MOTION FOR SUMMARY JUDGMENT Or In The Alternative, Summary Adjudication Of Issues.(part 1 of 2) Defendant Canada Life Assurance Company's motion for summary adjudication is denied as to issues 1, 2, and 3. There are triable issues of material fact regarding whether Canada Life breached the contract, breached th...
2019.2.1 Motion for Summary Judgment, Adjudication 316
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.1
Excerpt: ...e Section 437c. Plaintiff The People of the State of California, by and through the Commissioner of Business Oversight's motion for summary judgment is GRANTED. Defendant Douglas R. Hanson does not dispute that the court had the authority to amend the duties of the Special Master and the interlocutory judgment and to issue the stay on the litigation against the LLCs. Moreover, the court has inherent power to amend existing orders and to issue...
2019.2.1 Motion for Reconsideration 439
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.1
Excerpt: ...ONG's Motion For Reconsideration And Revocation Of Order Granting Motion To Set Aside Default And Default Judgment. Plaintiffs' motion for reconsideration and revocation of order granting motion to set aside default and default judgment is DENIED. Plaintiffs lacked reasonable diligence in adducing their "new evidence," which was in any event duplicative of an insurer's declination they apparently already knew about. Further, a...
2019.2.1 Claim of Exemption 056
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.2.1
Excerpt: ...is necessary for his support. Woo fails to cite a statutory basis to exempt the excess and fails to meet his burden under CCP 704.080(e)(4). If Woo is relying on the necessary for support exemption of CCP 706.051(b), that exemption does not apply as this case does not involve an earnings withholding order. Any party who contests a tentative ruling must send an email to [email protected] with a copy to all other parties by 4pm stating, wit...

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