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2019.11.21 Demurrer, Motion to Strike 930
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.11.21
Excerpt: ...e Civ. Proc., § 430.10(e), (f).) A "demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures." (Khoury v. Maly's of California (1993) 14 Cal.App.4th 612, 616; see also Lickiss v. Financial Industry Regulatory Authority (2012) 208 Cal.App.4th 1125, 1135 ["demurrers for uncertainty are disfavored, and are granted only if the pleading...
2019.11.21 Demurrer 611
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.11.21
Excerpt: ... of indebtedness in a certain sum, (2) the consideration, i.e., goods sold, work done, etc., and (3) nonpayment.'" (Farmers Ins. Exchange v. Zerin (1997) 53 Cal.App.4th 445, 460; see also Interstate Group Administrators, Inc. v. Cravens, Dargan & Co. (1985) 174 Cal.App.3d 700, 708 ["A book account may furnish the basis for an action on a common account ' . . . when it contains a statement of the debits and credits of the transactions involved com...
2019.11.19 Motion to Compel Responses, Request for Sanctions 231
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.11.19
Excerpt: ...iffs Form Interrogatories, Set One, Numbers 2.5, 12.1 And 15.1; Request For Sanctions Against Defendant Ying Shen And Her Attorney Of Record, Stanley Shen, In The Amount Of $1,644.95 Pro Tem Judge Sanford Kingsley, 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 sti...
2019.11.19 Motion for Summary Judgment, Adjudication 177
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.11.19
Excerpt: ...n for violation of the Equal Pay Act. To recover under Labor Code, § 1197.5(a) or (b), Plaintiff must demonstrate that she performed "substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions." (Id; see also Hall v. County of Los Angeles (2007) 148 Cal.App.4th 318, 323 ["The Equal Pay Act exists to ensure that employees performing equal work are paid equal wages wi...
2019.11.18 Motion to Set Aside Default, Judgment, for Leave to Defend 939
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.11.18
Excerpt: ...red against them on August 23, 2019, is granted. Defendants' showing supports the conclusion that the defaults were taken as a result of mistake, surprise, inadvertence, or excusable neglect because Mr. Quinlan, a non‐lawyer who had never done any business with Liberty Mutual Insurance (which is suing as a subrogee), did not understand the summons or why he was being sued. (Quinlan Decl. 2.) "Because the law strongly favors trial and dispositio...
2019.11.18 Motion to Contest Determination of Good Faith Settlement 392
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.11.18
Excerpt: ...LS DBA CALIFORNIA PACIFIC'S Motion Contesting Determination Of Good Faith Settlement By Non‐Party San Francisco Ear, Nose Throat Medical Group, Inc. As Requested In Defendant Dr. Hartmans Application For Good Faith Settlement Determination Defendant Sutter Bay Hospitals' motion contesting determination of good faith settlement as to San Francisco Ear, Nose, & Throat Medical Group ("SF ENT") is denied. Sutter Bay is correct that by statute, a go...
2019.11.18 Motion to Compel Further Responses 785
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.11.18
Excerpt: ...uest For Production From Defendant Volkswagen Group Of America, Inc., And Request For Sanctions. 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 may be heard by the Pro Tem Judge. If all parties to the ...
2019.11.18 Motion to Compel Further Responses 689
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.11.18
Excerpt: ... Request For Production Of Documents And For Request For Sanctions. 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 may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, ...
2019.11.14 Motion to Set Aside Default 411
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.11.14
Excerpt: ... that he was never personally served with the summons and complaint, and that the papers were left with his wife. (Milholland Decl. 3‐4.) The registered process server in Hawaii who signed the proof of personal service says that he personally served Mr. Milholland after confirming his identity by name. (West Decl. 4.) There is reason to doubt Mr. Milholland's (or his counsel's) veracity. His counsel represented to Plaintiff's counsel that it wa...
2019.11.14 Motion for Summary Judgment, Adjudication 636
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2019.11.14
Excerpt: ...annot reasonably obtain evidence that he was exposed to asbestos‐containing products or materials attributable to Defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) Defendant failed to show that it conducted comprehensive written discovery designed to elicit all the evidence Plaintiff has to support his claim of exposure. (Weber v. John Crane, Inc. (2006) 143 Cal. App. 4th 1433, 1442.) Plaintiff's objection to Exhibits B and ...
2019.11.14 Motion for Summary Judgment 683
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2019.11.14
Excerpt: ...s or materials attributable to Defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) Defendant does not address Plaintiff's interrogatory response indicating that he purchased asbestos‐containing plumbers putty at O'Connor Lumber Company in Vallejo, California. (Defendant's Ex. B at 3; Scheiding v. Dinwiddie Constr. Co. (1999) 69 Cal.App.4th 64, 81 [the court "can infer nothing at all with respect to questions which were neither...
2019.11.14 Motion for Judgment on the Pleadings 168
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.11.14
Excerpt: ...dgment on the pleadings as to Plaintiff's first cause of action is denied. A motion for judgment on the pleadings lies only for defects on the face of the complaint‐ extrinsic matters are improper. (Code Civ. Proc., § 438(d).) As such, the Court cannot consider discovery admissions or other evidence controverting the pleadings. (Id.; see Cal. Prac. Guide Civ. Pro. Before Trial (The Rutter Group 2018) 7:322.) Defendants' heavy reliance on such ...
2019.11.13 Motion to Strike Allegations, Demurrer 652
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.11.13
Excerpt: ...allegations are not "irrelevant, false, or improper" within the meaning of Code of Civil Procedure, § 436(a). Even if plaintiffs cannot establish respondeat superior liability based on Defendant Derek Chu's conduct, the allegations are proper to support other theories of liability such as aiding and abetting. The allegations are also proper as to other defendants. Any party who contests a tentative ruling must send an email to contestdept302tr@s...
2019.11.13 Motion to Set Aside Default 037
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.11.13
Excerpt: ...tion for mandatory relief (1) is filed within six months of the entry of judgment, (2) is in proper form (3) is accompanied by the attorney affidavit of fault, and (4) demonstrates that the default was "in fact caused by the attorney's mistake, inadvertence, surprise, or neglect." (Code Civ. Proc., § 473(b); Martin Potts & Associates, Inc. v. Corsair, LLC (2016) 244 Cal.App.4th 432, 443.) Defendant's criminal defense attorney states in his decla...
2019.11.12 Motion for Summary Judgment, Adjudication 349
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.11.12
Excerpt: ...y adjudication is denied. Plaintiff failed to maintain its initial burden of production. To prevail on its foreclosure of mechanic's lien claim, Plaintiff is obligated to show the reasonable value of its work/services, because the amount due is the lesser of the reasonable value of the work provided by the claimant and the contractually agreed price. (Civ. Code § 8430(a)(1).) "The actual amount due on the lien presents a question of fact for the...
2019.11.12 Motion to Compel Further Responses 611
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.11.12
Excerpt: ...he means by "statistical data." Re timing: Plaintiff shall be prepared to discuss why information from years she was not eligible for promotion consideration is relevant and discoverable. Re geographic scope: the parties shall be prepared to address what decisionmaking functions regarding walking boss promotions are done outside the Port of Stockton, including any situations where the Steering Committee did not adopt a recommendation from the spe...
2019.11.12 Motion to Issue Request for Judicial Assistance 894
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.11.12
Excerpt: ...Hague Convention and implementing statutes permit the request for judicial assistance sought. 23 UST 2555, 28 U.S.C. 1781; Societe Nationale Industrielle Aerospatiale v. U.S. Dist. Ct. for S. Dist. of Iowa, 482 U.S. 522, 535 (1987). The Opposition focuses on the delay in seeking the letters of request, but this does not demonstrate why the request should not be granted. Even if the Court were to find a delay, that would not preclude the letters o...
2019.11.1 Petition to Compel Arbitration, to Stay Action 482
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.11.1
Excerpt: ...mpel arbitration and stay is granted. The broad arbitration agreement with USF applies to plaintiff's claims. USF is clearly entitled to compel arbitration. The non-signatories can also compel arbitration based upon estoppel and agency. "[A] nonsignatory defendant may invoke an arbitration clause to compel a signatory plaintiff to arbitrate its claim when the causes of action against the nonsignatory are intimately founded in and intertwined with...
2019.11.1 Motion for Summary Judgment, Adjudication 851
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.11.1
Excerpt: ...laintiff agreed to lend $15,000 to defendant pursuant to a promissory note and plaintiff ultimately lent $16,000 to defendant per the same terms. (Complaint, 7‐8.) Defendant's paltry separate statement of undisputed material facts fails to show that plaintiff's claim "cannot be established" within the meaning of Code of Civil Procedure, § 437c(p)(2). Defendant "does not deny receiving two separate loans from plaintiff, for $13,000 and $3,000" ...
2019.10.31 Motion for Summary Adjudication 805
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.31
Excerpt: ...is denied. The motion for summary adjudication is denied as to the Labor Code claims, UCL claim, and breach of the Of Counsel contract claim (causes of action 1, 2, 3, 4, 5, 8, 9, and 10). There is a triable issue of material fact regarding whether the parties had an employment relationship until Mr. Murry's termination on April 10, 2017. On January 19, 2011, Mr. Murry began working for the Law Offices of John T. Hendricks (a sole proprietorship)...
2019.10.31 Motion for Summary Judgment, Adjudication 200
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.31
Excerpt: ... is granted. Plaintiffs establish that they are entitled to $177,321.88 in damages based upon defendant's breach of the settlement agreement. Plaintiffs establish a prima facie case for breach of contract and the court overrules defendant's evidentiary objections. Plaintiffs demonstrate personal knowledge regarding the matters in their declarations and the IRS documents are admissible as official acts. (Evid. Code, §§ 452(c) and 1280.) The part...
2019.10.31 Motion to Compel Responses, for Sanctions 404
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.31
Excerpt: ...he 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 stipulation, the ...
2019.10.30 Demurrer 662
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.30
Excerpt: ... Civ. Proc., § 430.10(e).) Although Plaintiff did not file and serve her opposition at least 9 court days prior to the hearing, as required, and the Court previously warned Plaintiff that failure to comply with the rules could be grounds for sustaining a demurrer without leave to amend and dismissing the action, the Court decides the demurrer on its merits. The demurrer as to the first cause of action for breach of contract is sustained without ...
2019.10.30 Demurrer, Motion to Strike 590
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.30
Excerpt: ...g that plaintiff was a victim of sexual battery and defendant is vicariously liable. (Amended Complaint, 16, 21, 23, 37, 38, 40, 41, 42, 44, 49, 63, 65, 68, 90, 94, 95, 96, 97, 99, 108, 109, 11, 114.) A factual issue remains whether plaintiff was sexually battered. Whether plaintiff lacks memory of the specifics of the incident is not dispositive, since it is conceivable that other evidence could support the claim. The allegation that plaintiff's...
2019.10.30 Demurrer, Motion to Strike 379
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.30
Excerpt: ...ut argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. Counsel for plaintiff is required to prepare a proposed order which states that the motion was not opposed and must bring it to the hearing or email it to [email protected] prior to the hearing even if the tentative ruling is not contested. =(302/EPS) Case Number:CGC19576379Ca...
2019.10.30 Motion to Direct Filing of Undertaking, to Vacate Default, Judgment 483
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.30
Excerpt: ...for an order directing the filing of an undertaking pursuant to Code of Civil Procedure section 1030 is denied. Section 1030 provides: "When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees." Plaintiffs argue under Code ...
2019.10.30 Demurrer, Motion to Strike 760
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.30
Excerpt: ... complaint. Plaintiff did not comply with the prefiling requirement of Code of Civil Procedure, § 425.13. However, such compliance is not necessary where a party pleads a viable elder abuse claim. (See Covenant Care, Inc. v. Superior Court (2004) 32 Cal.4th 771, 790 ["Where the gravamen of an action is violation of the Elder Abuse Act, Central Pathology's rationale for applying section 425.13 to the common law intentional torts at issue in that ...
2019.10.29 Motion to Set Aside Default, Demurrer 862
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.29
Excerpt: ...eks discretionary relief from default on grounds of "mistake, inadvertence, surprise or excusable neglect." (Code Civ. Proc., § 473(b).) "In order to qualify for relief under section 473, the moving party must act diligently in seeking relief." (Elston v. City of Turlock (1985) 38 Cal.3d 227, 234.) If there is a substantial delay between discovery of the default and defendant's filing a motion for relief under § 473(b), defendant must show a re...
2019.10.29 Demurrer, Motion to Quash Subpoena 153
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.29
Excerpt: ...he implied covenant of good faith and fair dealing. Those claims refer to numerous alleged written and oral contracts, including (1) the June 8, 2015 Common Stock Purchase Agreement; (2) oral employment agreements; (3) oral and written agreements by Hemington to serve as Plaintiff's escrow agent; and (4) an October 12, 2017 written agreement between Defendant MacRegen, Inc. and Plaintiff. (FAC 14-16.) Despite this Court's prior order of June 19, ...
2019.10.29 Motion for Summary Judgment, Adjudication 154
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.29
Excerpt: ...Or In The Alternative Summary Adjudication. Defendant State of California's motion for summary judgment is granted against Plaintiff and Cross‐Complainants Cory Lambert and HCC Cable Services. Defendant City and County of San Francisco's motion for summary judgment is granted against Cross‐Complainants Cory Lambert and HCC Cable Services. CCSF's motion against Plaintiff is moot, in light of the parties' notice of settlement. Government Code �...
2019.10.28 Motion to Strike 836
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.28
Excerpt: ...l 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 injury to plaintiff, or despicable conduct that is carried on by the defendant with a willful and conscious disregard for the rights or safety of others." (Civ. Code § 3294(c)(1).) Absent an intent to injure the plai...
2019.10.28 Motion to Lift Stay 166
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.28
Excerpt: ...ght of its inherent power to "amend and control its process and orders so as to make them conform to law and justice." (Code Civ. Proc. § 128(a)(8).) On June 2, 2016, this court granted a stay in this case pending final resolution of case No. C081016 in the Third District Court of Appeal. The Third District has finally resolved that appeal. On May 23, 2019, the Third District held that the June 25, 2013 judgment Plaintiff was seeking to appeal w...
2019.10.28 Motion for Summary Judgment 214
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.28
Excerpt: ...Plaintiff has maintained its burden of production on each of its six breach of contract and common counts claims based upon plaintiff's deposition testimony and the declaration of plaintiff's qualified witness (Carol Rowe). The court overrules defendant's objections to the Rowe declaration. Ms. Rowe properly lays her foundation to testify regarding the business records that meet the business records exception of Evidence Code, § 1271. (Rowe Dec....
2019.10.25 Motion for Summary Adjudication 939
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.25
Excerpt: ... show that the concrete floor where plaintiff fell constituted a dangerous condition. There is no evidence that the floor was a dangerous condition when it was in its dry, unadulterated state. Plaintiff's expert (Zachary Moore) states that the floor had an average dry slip resistance of .73, which exceeds the industry standard of .5. (Moore Dec., 7‐8.) There is also no evidence that the floor was dangerously wet on the day of the occurrence. Mo...
2019.10.24 Demurrer 625
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.24
Excerpt: ...hip with Velofix Bay Area, which is alleged to have distributed or sold the bicycle. (Amended Complaint, 6‐10, 17; see Arriaga v. CitiCapital Commercial Corp. (2008) 167 Cal.App.4th 1527, 1534 ["Beyond manufacturers, anyone identifiable as 'an integral part of the overall producing and marketing enterprise' is subject to strict liability"]; Bay Summit Community Assn. v. Shell Oil Co. (1996) 51 Cal.App.4th 762, 772‐773 [parties subject to stri...
2019.10.24 Motion for Protective Order, for Monetary Sanctions 788
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.24
Excerpt: ...losure And Defendants Expert Micheal Flemming And For Monetary 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 agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the sti...
2019.10.24 Motion for Sanctions for Bad Faith Actions 695
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.24
Excerpt: ...f has engaged in "bad-faith actions or tactics that are frivolous or solely intended to cause unnecessary delay" (Code Civ. Proc. § 128.5(a)) is "measured by the objective reasonable attorney standard." (Mot. at 6.) Defendant is wrong. Section 128.5 was amended in 2017 to specifically overrule San Diegans for Open Government v. City of San Diego (2016) 247 Cal.App.4th 1306, which held that "an objective standard applies when determining whether ...
2019.10.24 Motion for Summary Judgment, Joinder 896
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.24
Excerpt: ...tional path is part of the Bay Trail. (Breault Dec., 9-11.) Plaintiff's claim fails because Brisbane is entitled to trail immunity under Gov't Code § 831.4(b). The undisputed evidence shows that the injury occurred because a condition of the trail, i.e., a gap in the concrete, caused plaintiff to fall while he was using the trail to access a recreational or scenic area. (See pictures attached to Plaintiff's Exs. B and D.) Under the circumstances...
2019.10.21 Motion for Summary Judgment, Adjudication 943
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.21
Excerpt: ... Kamelia Begley (Continued From 10/17/19). Defendant Delta Dental of California's Motion for Summary Judgement is granted. Assuming Plaintiff Kamelia Begley has provided sufficient evidence to establish the prima facie elements of her discrimination and retaliation causes of action, the burden shifts to Defendant to show a legitimate, non‐discriminatory reason for Plaintiff's termination. (McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792, 8...
2019.10.21 Motion to Enforce Settlement Agreement, Enter Judgment 904
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.21
Excerpt: ...e settlement agreement and enter judgment is denied. On its face, the motion seeks enforcement of an illegal penalty. A settlement agreement that allows a plaintiff to file a stipulation for entry of judgment upon default by the defendant will not be enforced if the amount of the judgment constitutes an unenforceable penalty because it bears no reasonable relationship to the range of actual damages the parties could have anticipated would flow fr...
2019.10.21 Motion to Strike 947
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.21
Excerpt: ...nt 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 injury to plaintiff, or despicable conduct that is carried on by the defendant with a willful and conscious disregard for the rights or safety of others." (Civ. Code ...
2019.10.18 Motion for Summary Judgment, Adjudication 245
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.18
Excerpt: ...gender/sexual orientation discrimination, retaliation, failure to maintain environment free of discrimination/harassment, and race discrimination all fail because plaintiffs cannot demonstrate an adverse employment action. Plaintiffs also fail to demonstrate harassment as they cite isolated and sporadic remarks. To establish a discrimination or retaliation claim, "[t]he employment action must be both detrimental and substantial." (Thomas v. Depar...
2019.10.17 Motion for Summary Adjudication 636
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2019.10.17
Excerpt: ...or failure to lodge courtesy copies with the Court. (Local Rule 2.7(B).) Defendant sustained its initial burden via the factually devoid prong of Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826. Plaintiff's special interrogatory responses demonstrate that Plaintiff does not possess, and cannot reasonably obtain, evidence that Defendant acted with the requisite malice, fraud or oppression to warrant the imposition of punitive damages. (Exs...
2019.10.17 Motion for Summary Judgment, Adjudication 540
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2019.10.17
Excerpt: ...Court. (Local Rule 2.7(B).) As to Plaintiff's design defect claims, Defendant failed to demonstrate that it supplied a specific product to the Navy pursuant to a contract and specific MIL‐SPEC that required asbestos between January 1980 through October 14, 1982, as not all packing MIL‐SEPCS specified asbestos as a required ingredient. (Springs Declaration, Ex. H [MIL‐P‐ 17303C].) As to Plaintiff's failure to warn claims, Defendant failed ...
2019.10.16 Motion to Compel Deposition 561
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.16
Excerpt: ...Motion is granted as follows: Dr. Ranjithan shall answer questions regarding the 2008 MRI scans, and regarding whether before 2009 anyone had ever criticized his interpretation of a MRI. Dr. Ranjithan shall not be compelled to provide his present or after the fact opinions about the 2008 MRI scan. To clarify: the questions delineated on Plaintiff's Reply Memorandum 2:20‐3:23 are proper because they do not seek Defendant's present or aft...
2019.10.15 Motion to Strike 530
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.15
Excerpt: ...' opposition inexplicably addresses a different case involving a defendant named Estevez who was allegedly driving drunk. (Opp. at 3, 4.) While Taylor v. Superior Court (1979) 24 Cal.3d 890 held that driving a vehicle while intoxicated may in appropriate circumstances evidence a conscious disregard of probable injury to others and be sufficient to warrant an award of punitive damages, there is no such allegation in the instant complaint. Chin...
2019.10.15 Motion to Compel Further Responses, Request for Sanctions 077
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.15
Excerpt: ...Of Plaintiffs Motion To Compel Further Responses And Responsive <0048005100570056000300 00240051004700030029>or Sanctions HEARING REQUIRED. The LWDA letter and original complaint both treated DDI and LA Driver as a joint employer (both use the singular "Defendant"), but Plaintiffs now confirm they are not asserting a joint employer theory. (Reply at 8). The original complaint but not the LWDA letter use DDI "and/or" LA Drivers. Th...
2019.10.15 Motion for Judgment on the Pleadings 120
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.15
Excerpt: ...Sixth, Seventh, Eighth, And Ninth Causes Of Action Of Plaintiffs First Amended Complaint Defendant San Francisco Housing Authority's motion for judgment on the pleadings is granted without leave to amend as to the sixth cause of action. "[U]nless Labor Code provisions are specifically made applicable to public employers, they only apply to employers in the private sector." (Johnson v. Arvin‐Edison Water Storage Dist. (2009) 174 Cal....
2019.10.11 Motion for Attorney's Fees 021
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.11
Excerpt: ...in Interest did not succeed on any significant issue in this litigation. (Cf. Save Our Heritage Organisation, 11 Cal.App.5th at 157 [project proponent successfully appealed judgment granting petition for writ of mandate which challenged city's approval of site development permit for park revitalization project]; Committee to Defend Reproductive Rights v. A Free Pregnancy Center (1991) 229 Cal.App.3d 633, 635-637 [appellants filed initial comp...
2019.10.11 Motion for Judgment Peremptory Writ 816
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.11
Excerpt: ...on per Code of Civ. Proc., § 1094.5(h). To obtain such a stay, petitioner must demonstrate that the stay will not cause the public interest to suffer and the agency is unlikely to prevail on the merits. (See Board of Medical Quality Assur. v. Superior Court (1980) 114 Cal.App.3d 272, 276.) In this case, petitioner fails to meet either prong of this test. Given petitioner's history of substance abuse, petitioner fails to show that it would be...
2019.10.11 Motion for Entry of Judgment, Award of Prejudgment Interest, for Temporary Stay of Execution 532
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.11
Excerpt: ...Britz, Inc. v. Alfa- Laval Food & Dairy Co. (1995) 34 Cal.App.4th 1085, the court held that a successful party to arbitration is entitled to post-award, pre-judgment interest under Civil Code section 3287, subdivision (a). The Britz court held that a successful party to an arbitration is entitled to "recover damages certain" within the meaning of section 3287, subdivision (a) as of the date the arbitrator renders his or her award. (Id. at...
2019.10.10 Motion for Summary Judgment 206
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.10
Excerpt: ...sities. (See Priebe v. Nelson (2006) 39 Cal.4th 1112, 1115‐1116 ["If [defendant] knew or should have known of his dog's vicious propensities and failed to inform [plaintiff] of such facts, he could be found to have exposed [plaintiff kennel worker] to an unknown risk and thereby be held strictly liable at common law for her injuries. [Citations.] Under such circumstances, the defense of primary assumption of risk would not bar [plaintif...
2019.10.10 Motion for Summary Judgment 015
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.10
Excerpt: ... JUDGMENT. (part 1 of 2) Defendants' Cahill Contractors, Inc., 923 Folsom Acquisition, LLC, Align Real Estate, LLC and Pacific Structures, Inc.'s motion for summary judgment is granted. Plaintiff merely demonstrates "abstract negligence" and cannot establish causation as a matter of law. "In cases in which the specific conduct of third parties is brought to the attention of a defendant property owner sufficiently in advance of...
2019.10.10 Demurrer 246
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.10
Excerpt: ...complaint was filed on July 3, 2018. By order filed November 5, 2018, the Court sustained Defendant's unopposed demurrer to that complaint, which the Court found to be uncertain, ambiguous and unintelligible, and granted Plaintiff 10 days leave to amend. Plaintiff did not do so. By order filed November 29, 2018, the court granted Plaintiff 60 days leave to file a second amended complaint, due January 31, 2019. The order directed Plaintiff tha...
2019.10.10 Demurrer 217
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.10
Excerpt: ..., second, fourth, fifth and seventh causes of action are overruled. The demurrer to the third cause of action is sustained with 20 days leave to amend. The demurrer as to the first cause of action for negligent hiring, training, supervision, and/or retention is overruled. Liberally construing the complaint, Plaintiffs plead sufficient facts to establish a claim. (See Code Civ. Proc., § 452; 2d Am. Compl. 10, 11, 15, 26‐27.) Whether an employee...
2019.10.9 Motion for Summary Adjudication 531
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2019.10.9
Excerpt: ...th the requisite malice, fraud or oppression to warrant the imposition of punitive damages. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) Plaintiff's responses to Defendant's special interrogatories preclude Defendant from successfully invoking the factually devoid prong under Aguilar. The declaration of Donald Trueblood is insufficient to establish that no reasonable jury could find Plaintiff's evidence to constitute cle...
2019.10.9 Motion to Compel Arbitration and Stay Action 590
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.9
Excerpt: ...ay Action Against Visa. Defendant Citibank, N.A.'s motion to compel arbitration is denied without prejudice. The motion raises an unresolved threshold issue: whether plaintiff may sue using a fictitious name. This is permitted in "extraordinary circumstances," but a "prior court order is required." (Edmon & Karnow, California Practice Guide: Civil Procedure Before Trial (TRG 2016) §6.90.10; see also Starbucks Corp. v. Sup. Ct...
2019.10.8 Motion to Compel Arbitration 679
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.8
Excerpt: ...tates that it will be performed in accordance with the contract between ADS and the general contractor ("WOJV"). (Short Form Standard Subcontract (preface).) The subcontract further provides that "[a]ny claims resolution process incorporated in the prime contract [the ADS/WOJV contract] shall be deemed incorporated in the Agreement and shall apply to any disputes arising hereunder." (Id. § 12.) Section 17 of the ADS/WOJV contract...
2019.10.8 Motion for Summary Judgment 923
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.8
Excerpt: ...#39;s motion for summary judgment is denied. Defendants fail to maintain their initial burden of production. Defendants fail to establish as a matter of law that plaintiff was engaged in a "hazardous recreational activity" within the meaning of Gov't Code § 831.7, which immunizes public entities and their employees from liability for personal injury suffered by a person "who participates in a hazardous recreational activity."...
2019.10.8 Motion for New Trial and Payment of Court Reporter Fee 197
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.8
Excerpt: ...dgment and denied plaintiffs' motion for summary adjudication. On August 7, 2019, judgment was entered in favor of defendant. Defendant served plaintiff by mail with notice of entry of that judgment on August 8, 2019. On August 28, 2019, the Court took off calendar plaintiff's motion for reconsideration. (See Ramon v. Aerospace Corp. (1996) 50 Cal.App.4th 1233, 1236 ["after entry of judgment, a trial court has no further power to rule...
2019.10.8 Demurrer, Motion to Strike 328
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.8
Excerpt: ...972 provides that "any person, or agent or officer thereof who violates any provision of Section 970 is liable to the party aggrieved, in a civil action, for double damages resulting from such misrepresentations." Thus, the Legislature determined that double damages is the appropriate civil penalty for violations of section 970; it did not also authorize an award of punitive damages. Because the Labor Code expressly provides for the award...
2019.10.8 Motion to Strike Complaint 724
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.8
Excerpt: ... statute" imposing strict liability on the owner of a dog for "the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness."]; CACI Nos. 462, 463.) Neither the dog-bite statute nor any reported California case cited by Plaintiff authoriz...
2019.10.7 Demurrer, Motion to Strike Punitive Damages 802
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.7
Excerpt: ...e claim for intentional infliction of emotional distress requires "outrageous conduct" on behalf of the defendant. (Davidson v. City of Westminster (1982) 32 Cal.3d 197, 209.) For conduct to be outrageous, it must be "so extreme as to exceed all bounds of that usually tolerated in a civilized community." (Id.) "The tort calls for intentional, or at least reckless conduct - conduct intended to inflict injury or engaged in with ...
2019.10.7 Application for Right to Attach Order, for Issuance of Writ of Attachment 831
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.7
Excerpt: ...ile in superior court for a provisional remedy, including a writ of application. (Code Civ. Proc. § 1281.8(b).) However, in such circumstances, the moving party must show "that the award to which the applicant may be entitled may be rendered ineffectual without provisional relief." (Id.) The "standards for irreparable harm set forth in [Code of Civil Procedure] section 485.010 provide guidance to the trial courts on the issue of inef...
2019.10.7 Motion for Summary Judgment, Adjudication 021
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.7
Excerpt: ...s procedurally and substantively deficient. Defendants' notice of motion and separate statement of undisputed facts does not comply with California Rule of Court 3.1350. Defendants do not separately state in the notice of motion or in the separate statement what issues or causes of action they seek to adjudicate. (See Cal. R. Ct. 3.1350(b),(h).) Defendants further fail to "plainly and concisely" set forth all material facts they conte...
2019.10.3 Demurrer 310
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.3
Excerpt: ...ruled. Whether plaintiff can present clear and convincing evidence that Stanley intended for the funds and other property to go to plaintiff and whether the funds are sufficiently identifiable are factual issues that cannot be resolved on demurrer. The face of the complaint does not reveal that the claims are time‐barred. A demurrer can be used only to challenge defects that appear on the face of the complaint or matters outside the pleading th...
2019.10.3 Motion for Summary Judgment, Adjudication 038
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.3
Excerpt: ...ils to maintain its initial burden of production. The owner‐operator of an elevator is a common carrier and it owes a high duty of care to those that use the machine. (See Treadwell v. Whittier (1889) 80 Cal. 574, 600 [elevator owners "must adopt the most improved modes of construction and machinery in known use in the business, and if they do not, and injury occur, they will be held responsible."]; Brown v. George Pepperdine Foundation...
2019.10.3 Motion for Summary Judgment, Adjudication 514
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.3
Excerpt: ...claims, as it only limits Plaintiff's remedies, rather than disposing of an entire cause of action, as is required for summary adjudication. Under Cal. Civ. Proc. § 437c(f)(1), a "motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty." The doctrines of after‐acquired evidence and unclean hands are "not complete defen...
2019.10.3 Motion to Enforce Settlement Agreement 528
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.3
Excerpt: ...ment was in writing with the parties' signatures. (See Code Civ. Proc., § 664.6.) A settlement agreement is interpreted according to the same principles as any other written agreement. (Leeman v. Adams Extract & Spice, LLC (2015) 236 Cal.App.4th 1367, 1374 ["If the language of the agreement is clear and explicit and does not involve an absurdity, determination of the mutual intent of the parties and interpretation of the contract is to b...
2019.10.3 Motion to Grant Petition for Writ of Administrative Mandamus 688
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.3
Excerpt: ...espondent received the complete record by August 6, 2019, but the date of receipt is not entirely clear. (AR, 64.) Petitioner argues that respondent's answer was filed more than 30 days later, was untimely under Code of Civ. Proc. 1089.5, and petitioner's allegations are therefore deemed admitted. The court rejects this argument. First, the argument was made for the first time in the reply papers and there was nothing that prevented petit...
2019.10.3 Motion to Strike 212
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.3
Excerpt: ...Plaintiff's demand for "disgorgement" is an improper claim for relief under the UCL. "Under the UCL, an individual may recover profits unfairly obtained to the extent that these profits represent monies given to the defendant or benefits in which the plaintiff has an ownership interest." (Korea Supply Co. v. Lockheed Martin (2003) 29 Cal.4th 1134, 1148 [explaining that only "nonrestitutionary disgorgement of profits" i...
2019.10.3 Motion for Summary Judgment 288
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2019.10.3
Excerpt: ...ouglas Bell does not possess and cannot reasonably obtain evidence that he was exposed to asbestos‐containing products or materials attributable to Defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) Defendant does not address Plaintiff's interrogatory responses identifying witnesses Pat Tillman and Robert Lee, or his deposition testimony identifying classmates Pat Tillman, Brenda and Tom Mock, Mel Friedman, and Lee Boek. ...
2019.10.1 Motion for Summary Adjudication 082
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.1
Excerpt: ...anted only if it completely disposes of a cause of action." A cause of action has no merit if "a defendant establishes an affirmative defense to that cause of action." (Code Civ. Proc. § 437c(o)(2).) A defendant has met that burden if she shows that "there is a complete defense to the cause of action." (Id. § 437c(p)(2).) Defendants here do not meet this burden. They bring their motion based on collateral estoppel, arguing t...
2019.10.1 Demurrer, Motion to Strike 004
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.1
Excerpt: ...s other than the alleged economic damage related to the purchase of the vehicle itself. Plaintiff fails to plead any facts showing that he was exposed to liability for personal damages independent of the economic loss. "The economic loss rule requires a purchaser to recover in contract for purely economic loss due to disappointed expectations, unless he can demonstrate harm above and beyond a broken contractual promise." (Robinson Helicop...
2019.10.1 Motion for Judgment on Petition to Confirm Arbitration Award 648
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.1
Excerpt: ...rry Odbert did not properly file or notice for hearing his purported cross‐petition to correct contractual arbitration award for hearing. However, it raises the same issues as those in his opposition to petitioner's motion, and is denied. Respondent fails to show that the arbitrator exceeded her powers within the meaning of Code Civ. Proc. §§ 1286.2(a)(4) or 1286.6(b). Even if the arbitrator misinterpreted the parties' agreement, to t...
2019.10.1 Motion for Summary Judgment, Adjudication 886
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.1
Excerpt: ...ication as to SBS Corporation's cross‐complaint is denied. Five Star failed to maintain its initial burden of production. (See Code Civ. Proc. § 437c(p)(2).) The lynchpin of Five Star's motion is that it was performing its work in the kitchen area and the accident occurred at a different portion of the worksite. Five Star relies on 184:4‐7 of plaintiff's deposition to show that it was working in the kitchen. (Five Star's UMF ...
2019.10.1 Motion to Compel Arbitration 978
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.1
Excerpt: ... argues it has never refused to arbitrate and that Defendant waived its right to compel arbitration. A party seeking to compel arbitration must "plead and prove a prior demand for arbitration under the parties' arbitration agreement and a refusal to arbitrate under the agreement." (Mansouri v. Sup.Ct. (Fleur Du Lac Estates Ass'n) (2010) 181 Cal.App.4th 633, 830.) However, in certain circumstances, the opposing party's refusal ...
2019.10.1 Motion to Quash Service of Summons and Complaint, Demurrer 583
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.10.1
Excerpt: ...parent has pervasive control over subsidiary). (See DVI, Inc. v. Superior Court (2002) 104 Cal.App.4th 1080, 1093-1094.) A plaintiff relying on one of these theories of liability must make a sufficient evidentiary showing-and not merely rely on its allegations-to establish jurisdiction. (See DVI, Inc., 104 Cal.App.4th at 1094.) Here, plaintiff relies on a single e-mail from insurance adjuster Jeffrey Kaiser. (Mannion Dec., Ex. 1.) Plaintiff notes...
2019.1.31 Motion for Determination of Good Faith Settlement 096
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.1.31
Excerpt: ... a proper evidentiary showing. Defendant has not presented any admissible evidence that would enable the Court to determine "a rough approximation of plaintiff['s] total recovery and the settlor's proportionate liability." (Tech‐Bilt, Inc. v., Woodward‐Clyde & Associates (1985) 38 Cal.3d 488, 499.) "If 'there is no substantial evidence to support a critical assumption as to the nature and extent of a settling defendant...
2019.1.31 Motion to Quash Subpoenas 871
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.1.31
Excerpt: ...member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same author...
2019.1.31 Motion to Quash Deposition Subpoenas, for Monetary Sanctions 213
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.1.31
Excerpt: ...rnia 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 Co...
2019.1.31 Motion to Compel Response to Discovery, Request for Sanctions 690
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.1.31
Excerpt: ...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 Court Judge. If a par...
2019.1.31 Motion for Summary Judgment 871
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.1.31
Excerpt: ...y adjudication is continued per Code of Civil Procedure section 437c(h). Plaintiff has made a good faith showing by affidavit that facts essential to justify opposition to the motion may exist but cannot be presented absent a continuance. In particular, Plaintiff's pending discovery requests and related motions to compel seek to obtain evidence bearing directly on Defendants' motion, which turns in large part on such issues as whether Blo...
2019.1.31 Motion for Sanctions 530
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.1.31
Excerpt: ...8.7 is granted. No opposition was filed. Defendants served Plaintiff with the sanctions motion by mail and email on November 27, 2018, more than 21 days before filing it, as required by the safe harbor provision of section 128.7, and Plaintiff did not withdraw his complaint. (Dees Dec. 2 & Exs 1, 2.) Defendants' declarations and the Court's docket, of which the Court takes judicial notice, establish that the allegations and claims present...
2019.1.30 Demurrer 013
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.1.30
Excerpt: ...d fourth causes of action for breach of fiduciary duty, waste, and unjust enrichment of the second amended complaint is sustained with 20 days leave to amend as to the fourth cause of action and overruled as to the remaining causes of action. The second amended complaint sufficiently pleads that the individual defendants breached their fiduciary duty to nominal defendant Venture Rebel and engaged in waste of its corporate assets by self‐dealing...
2019.1.30 Motion for Judgment on the Pleadings, to Strike 121
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.1.30
Excerpt: ...l or written and the terms of the contract that were allegedly breached. The motion is denied as to the breach of implied covenant cause of action. The contract sufficiently alleges a contractual relationship based on the employer/employee relationship and cross-defendant's "unauthorized" acceptance of excessive compensation sufficiently alleges a breach of an implied covenant that thwarts R&G's benefit of the bargain (Cross-Compl...
2019.1.30 Motion for Reconsideration 725
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.1.30
Excerpt: ...m. Defendant City and County of San Francisco's motion for reconsideration of the January 9, 2019 order denying the City's motion for summary judgment is denied. There is a triable dispute whether plaintiff Adrienne Hogan was a "shift operator" as that term is used in 22 CCR 63770. Ms. Hogan says she wasn't and the City says she was. While Ms. Hogan's statements that she was not a shift operator were not explicitly made in...
2019.1.30 Motion for Summary Adjudication 735
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.1.30
Excerpt: ...rtially decide this matter. Defendants' motion for summary adjudication is granted and denied in part. The motion for summary adjudication is denied as to issues 1‐11. The motion is procedurally infirm under CCP § 437c(f)(1) because it does not completely dispose of the breach of fiduciary duty causes of action. For example, issue 5 relates to the allegation at paragraph 38 of the Amended Complaint that there was a breach of fiduciary duty...
2019.1.30 Motion for Summary Judgment 991
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.1.30
Excerpt: ... public entity with a timely written claim for damages before filing suit against it. (J.M. v. Huntington Beach Union High School Dist. (2017) 2 Cal.5th 648, 652; Gov't Code §§ 905, 911.2, 915.) Timely claim presentation is not merely a procedural requirement, but rather, a condition precedent to a plaintiff's maintaining an action against a defendant, and thus, an element of the plaintiff's cause of action. (K.J. v. Arcadia <001500...
2019.1.29 Motion for Summary Judgment, Adjudication 617
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2019.1.29
Excerpt: ...e & Supply, Inc. failed to sustain its burden of demonstrating that Plaintiffs do not possess and cannot reasonably obtain clear and convincing evidence that Defendant Valley Pipe & Supply, Inc. acted with the requisite malice, fraud, or oppression to warrant the imposition of punitive damages. (See Decl. Scott R. Herndon, Exhibit E, Exhibit F, Exhibit G, Exhibit H.) The burden of production "should not shift without stringent review of the d...
2019.1.7 Demurrer 011
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.1.7
Excerpt: ...credits, tax statutes are strictly construed in favor of the taxpayer. (Taiheyo Cement U.S.A., Inc. v. Franchise Tax Board (2012) 204 Cal. App. 4th 254). The City's argument that the waiver of penalty provision in SF Business and Tax Regulations Code 6.17‐4 should not be construed in plaintiffs' favor because that provision waives a penalty and does not impose a tax lacks merit. The City makes a distinction without a difference and case...
2019.1.7 Demurrer 740
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.1.7
Excerpt: ...sole cause of action for fraud in the inducement in the cross‐ complaint filed by defendant and cross‐claimant Balaji Srinivasan is overruled. California substantive law, not Delaware substantive law, governs the issue of the sufficiency of the reliance allegations in Mr. Srinivasan's fraud claim. Per Ron Greenspan Volkswagen, Inc. v. Ford Motor Land Development Corp. (1995) 32 Cal.App.4th 985, Mr. Srinivasan has adequately alleged that h...
2019.1.7 Motion to Compel Further Responses 601
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.1.7
Excerpt: ... member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same autho...
2019.1.7 Motion to Transfer 456
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.1.7
Excerpt: ...es County Superior Court and all transfer costs must be paid by plaintiff Nicole Tate‐ Naghi. Venue is presumptively proper in the county where any of the defendants resides. (CCP 395(a).) The first amended complaint alleges that all of the defendants reside in Los Angeles County. Ms. Tate‐ Naghi has alleged transitory causes of action for professional negligence and breach of fiduciary duty that do not involve the internal affairs of the tru...
2019.1.4 Demurrer 501
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.1.4
Excerpt: ...as to the second and fifth "causes of action." Defendant John Vannuchi's demurrers are otherwise OVERRULED. Breaches of contract and fiduciary duty are adequately pled, based in part on Vannuchi's signing the "acknowledgement by counsel" to hold settlement proceeds on plaintiff's behalf. The complaint also alleges Vannuchi had possession of plaintiff's funds but did not pay them, which adequately pleads conversion....
2019.1.4 Motion to Quash Service of Summons 916
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.1.4
Excerpt: ...s Bank of the West's burden to establish sufficient minimum contacts for the court to exercise jurisdiction over Whitehead. (See Mihlon v. Sup. Crt. (1985) 169 Cal.App.3d 703, 710.) For specific jurisdiction, "the crucial inquiry concerns the character of defendant's activity in the forum, whether the cause of action arises out of or has a substantial connection with that activity, and upon the balancing of the convenience of the part...
2019.1.3 Petition for Appointment of Neutral Arbitration 384
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.1.3
Excerpt: ...Ponist's petition to appoint an arbitrator is granted. Marilyn O'Toole is appointed as the parties' arbitrator. The first backup arbitrator is Richard Idell. The second backup arbitrator is Bruce Methven. Respondents were properly served with the petition per CCP section 1290.4 (a) because the parties' agreement provides that arbitration shall be conducted under the rules of the AAA and rule 43 of the AAA Commercial Arbitration Ru...
2019.1.3 Motion for Summary Judgment 220
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.1.3
Excerpt: ...an Francisco LLC's motion for summary judgment and alternative motion for summary adjudication as to plaintiff Norma Sanchez‐Zapata's first amended complaint are denied in their entirety. As to each cause of action, there is triable dispute whether Roka Akor's alleged legitimate business reasons for the adverse employment actions were pretextual. The temporal proximity of the adverse employment actions and the arguable contradiction...
2019.1.3 Demurrer 823
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.1.3
Excerpt: ...d as to the first cause of action for breach of contract by Applied Underwriters Captive Risk Assurance Company, Inc. and overruled as to the second and third causes of action for breach of contract and quasi‐contract by California Insurance Company. The Reinsurance Participation Agreement is illegal and unenforceable as a matter of law because it is a collateral agreement that modifies the obligations of the insured and was not filed with the ...
2019.1.3 Demurrer 675
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.1.3
Excerpt: ...anything other than fair and impartial in deciding this case. Defendant The Regents of the University of California's demurrer to the first four causes of action in the first amended complaint filed by plaintiff Dara Auyeung is off calendar as moot as to the first cause of action for violation of Labor Code section 970, sustained with twenty days leave to amend as to the second cause of action for fraud, and overruled with as to the third and...

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