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1892 Results

Location: San Francisco x
2021.05.07 Motion for New Trial 445
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.05.07
Excerpt: ...se of discretion." In fact, I granted a continuance. After parting ways with her lawyer in mid‐November 2020, Holden blew the deadline for opposing the summary judgment motion. I nonetheless continued the summary judgment hearing a month and allowed Holden a late opposition, which she filed. Second, Holden claims "newly discovered evidence" ‐ a purchase agreement. But Holden concedes she and her counsel possessed this document all along. Thir...
2021.05.06 OSC Re Amended Petition for Writ of Mandate 410
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.05.06
Excerpt: ...dering respondents to repeal Resolution No. 211‐12A1, relating to the renaming of San Francisco Unified School District schools, as well as related declaratory and injunctive relief, on the grounds that in enacting that Resolution at its January 26, 2021 meeting, respondent Board of Education violated the Brown Act. On April 6, 2021, after suspending the work of the panel it had previously appointed to advise it regarding the renaming process, ...
2021.05.06 Motion to Disqualify Arbitrator 974
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.05.06
Excerpt: ...2019, this Court granted defendants' petition to compel arbitration of this professional negligence action and stayed the litigation. The matter was referred for arbitration to the Hon. James Lambden (Ret.) at ADR Services, Inc. Since that time, the parties have held a number of prehearing conferences, conducted discovery, and the arbitrator has issued a number of written rulings. Before the instant motion arose, the final arbitration hearing was...
2021.05.06 Motion for Terminating Sanctions 092
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.05.06
Excerpt: ...motion. InstQuest is a corporation that has been unrepresented by counsel since October 28, 2020, after this case was remanded to this court after InstQuest refused to post arbitration fees necessary to allow the arbitration previously ordered by the court to proceed. Since that remand, InstQuest has failed to appear for a noticed deposition, and has ignored communications from Plaintiffs' counsel. The Court will strike Defendant's answer to the ...
2021.05.06 Motion for Summary Judgment 743
Location: San Francisco
Judge: Lee, Cynthia 503
Hearing Date: 2021.05.06
Excerpt: ... deposition testimony identifying Joe Ubeda, Fred Sherwood, and John De La Rosa as co‐worker witnesses with knowledge. (Declaration of Jason Rose [Exhibit A at 83:20‐84:8; 86:9‐ 86:24].) Defendant failed to question Plaintiff about his exposure to asbestos from the installation of new gaskets and removal of old gaskets. Defendant's inability to name the brand name, manufacturer, or supplier of old gaskets is insufficient to shift the burden...
2021.05.06 Demurrer 609
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.05.06
Excerpt: ...n is also an omission of a legal duty." (Erlich v. Menezes (1999) 21 Cal.4th 543, 551, 554.) "While Erlich states that a claimant is required to plead a tort duty independent of the contract, Erlich does not address whether improper performance of a professional services contract gives rise to an independent tort duty. . . . Cases decided subsequent to . . . Erlich continue to apply a rule that negligent failure to exercise reasonable care and sk...
2021.05.05 Demurrer 283
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.05.05
Excerpt: .... County of Placer (2019) 41 Cal.App.5th 537, 551 [elements of a conversion claim].) Normally, money cannot be converted, unless a specific sum capable of identification is involved. Such cases typically involve defendants who have misappropriated, commingled, or misapplied specific funds for the benefit of others (e.g., an agent who receives money on behalf of his or her principal, then refuses to account for it on demand). (See PCO, Inc. v. Chr...
2021.05.04 Motion to Compel Further Responses 238
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.05.04
Excerpt: ...t For Admissions, Set One, Form Interrogatories (17.1), Set One, Special Interrogatories, Set One, And Request For Production, Set One Responses From Defendant Jack Stephenson And 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 sig...
2021.04.29 Motion for Summary Judgment, Adjudication 874
Location: San Francisco
Judge: Lee, Cynthia 503
Hearing Date: 2021.04.29
Excerpt: ...to Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854‐855. (Williams Decl. Ex. 4, 13:1‐24, 14:5‐15:23; and Ex. 6, 100:21‐101:23; Williams Decl. Ex. 2, response to special interrogatories no. 1 and no. 2.) Defendant has failed to produce evidence proving that "plaintiff does not possess, and cannot reasonably obtain, needed evidence" to establish that Defendant's products exposed Plaintiff to asbestos. (Aguilar v. Atlantic Richfi...
2021.04.29 Motion for Summary Adjudication 849
Location: San Francisco
Judge: Lee, Cynthia 503
Hearing Date: 2021.04.29
Excerpt: ... (Code of Civ. Proc., 437c(a)(2) ["Notice of the motion and supporting papers shall be served on all other parties to the action at least 75 days before the time appointed for hearing."].) Defendant Whip‐Mix Corporation attempted to file their Motion for Summary Adjudication on February 11, 2021. However, the Clerk's Office rejected the filing as the hearing date in the body of the motion did not match the hearing date in the caption. Defendant...
2021.04.28 Demurrer to Petition for Writ of Mandate 119
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.04.28
Excerpt: ...challenges the Coastal Commission's March 11, 2020 approval of a permit for the PureWater Soquel Project, a water recycling and groundwater replenishment project, including development of a new tertiary water treatment facility in the City of Santa Cruz. The petition was filed on June 11, 2020. After extensively meeting and conferring over a period of months with petitioner, who repeatedly requested respondent to delay filing a demurrer and state...
2021.04.28 Motion for Preliminary Approval of Class Action and PAGA Settlement 749
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.04.28
Excerpt: ... is denied without prejudice to Plaintiff filing a supplemental submission. Plaintiff has not presented sufficient information to enable the Court to evaluate the reasonableness of the proposed settlement. In order to determine whether a proposed class action settlement is fair and reasonable, a trial court "should consider relevant factors, such as the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further lit...
2021.04.28 Motion for Summary Judgment 852
Location: San Francisco
Judge: Lee, Cynthia 503
Hearing Date: 2021.04.28
Excerpt: ...(Sibiger Decl., Ex. D, Response to Special Interrogatories No. 7.) Defendant failed to produce evidence proving that "plaintiff does not possess, and cannot reasonably obtain, needed evidence" to establish that Defendant's products exposed Plaintiff to asbestos. (Aguilar v. Atlantic Richfield Co., supra, 25 Cal.4th at p. 854.) Plaintiffs' Verified Responses to Defendant's Special Interrogatories, Set One, specify the evidence that would be used i...
2021.04.28 Motion for Summary Judgment, Adjudication 849
Location: San Francisco
Judge: Lee, Cynthia 503
Hearing Date: 2021.04.28
Excerpt: ...gment is denied. USC fails to burden shift, even under the presumption that Plaintiff Dr. David Springer ("Dr. Springer") was an employee. USC produced Plaintiffs' responses to interrogatories, excerpts from Plaintiffs' depositions, and Dr. Springers' USC dental school transcript. (Schultz Decl., Exs. B-I, M-O.) First, Dr. Springer participated in a mandatory on-campus clinic, received a grade for his clinic work, was supervised by USC dental sch...
2021.04.27 Motion for Summary Judgment 849
Location: San Francisco
Judge: Lee, Cynthia 503
Hearing Date: 2021.04.27
Excerpt: ...ment of causation for any cause of action. Plaintiff David Springer is the only witness against Defendant Douglass Insulation. (Index of Exhibits Ex. K, Plaintiffs' Witness Statement.) Further, it is undisputed that neither of the Plaintiffs will provide product identification evidence against Defendant Douglass Insulation. (Index of Exhibits Ex. J, Deposition of David Springer p.422:11‐17; 450:8‐ 15; Motte Decl. at 1:24 ‐ 2:2.) Plaintiffs'...
2021.04.27 Demurrer 473
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.04.27
Excerpt: ...isrepresentation and the second cause of action for false promise. The court in Reeder v. Specialized Loan Servicing LLC (2020) 52 Cal.App.5th 795 held that in pleading false promise claims, it "is insufficient to show an unkept but honest promise, or mere subsequent failure of performance." (Id. at 804 [citing Riverisland Cold Storage, Inc. v. Fresno‐Madera Production Credit Assn. (2013) 55 Cal.4th 1169, 1183.].) Rather, "something more than n...
2021.04.22 Motion to Vacate Default 042
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.04.22
Excerpt: ... Court entered an order denying Defendant's prior motion to set aside the same default, which was brought on the very same grounds. The instant motion fails even to mention that prior order, in direct violation of Code of Civil Procedure section 1008(b). That statute provides, "A party who originally made an application for an order which was refused in whole or in part, . . . , may make a subsequent application for the same order upon new or dif...
2021.04.22 Motion for Summary Judgment 852
Location: San Francisco
Judge: Lee, Cynthia 503
Hearing Date: 2021.04.22
Excerpt: ...t of Undisputed Material Facts, Nos. 19, 23, 24, 30-31.) Defendant has failed to produce evidence proving that "plaintiff does not possess, and cannot reasonably obtain, needed evidence" to establish that Defendant's products exposed Plaintiff to asbestos. (Aguilar v. Atlantic Richfield Co., supra, 25 Cal.4th at p. 854.) Plaintiff's verified Response to ATKN's Special Interrogatories, Set One, No. 5 cites evidence in support of Plaintiff's allega...
2021.04.22 Motion for Protective Order, to Compel Deposition, for Production of Docs 287
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.04.22
Excerpt: ..., has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to si...
2021.04.22 Motion for Protective Order 981
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.04.22
Excerpt: ...ive Order As To Confidential Information: 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, the hearing will proceed b...
2021.04.19 Motion to Stay Action Pending Arbitration 030
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.04.19
Excerpt: ...on 1281.5. Plaintiff's motion to stay action pending arbitration is denied without prejudice. Under Code of Civil Procedure section 1281.5(b), a claimant may "file and serve a motion and notice of motion pursuant to Section 1281.4 to stay the action pending the arbitration of any issue, question, or dispute that is claimed to be arbitrable under the agreement and that is relevant to the action to enforce the claim of lien." Section 1281.4 allows ...
2021.04.16 Demurrer 761
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.04.16
Excerpt: ...ment, intentional infliction of emotional distress). Defendants' demurrer ignores the complaint's allegations that "Uber is a common carrier" and thus liable for assaults "regardless of whether such acts were committed within the course and scope of employment for Uber." (Cmpl., 17:17‐25.) Defendants argue that "Uber cannot be held vicariously liable for Doe One's acts, even if he were an employee or agent (which he is not), since he acted on p...
2021.04.16 Demurrer 158
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.04.16
Excerpt: ...the required specificity ‐ "how, when, where, to whom and by what means." (Lazar v. Sup. Ct. (1996) 12 Cal.4th 631, 645.) This demurrer is sustained with leave to amend. 4‐6 (assault, battery, intentional infliction of emotional distress). Defendants' demurrer ignores the complaint's allegations that "Uber a common carrier" is liable for intentional torts "whether or not such acts were committed within the course and scope of employment." (Cm...
2021.04.15 Motion to Sever Complaint and Stay Proceedings 588
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.04.15
Excerpt: ...roceedings Against WOJV. Cross-Defendant Webcor-Obayashi Joint Venture's motion to sever the cross-complaint and stay proceedings against Webcor-Obayashi Joint Venture is denied. Severance of the cross-complaint, by which LPC West, Inc. and LPC West Transit Management, LOLC seek equitable indemnity, contribution, and declaratory relief, would disserve judicial economy. (See Colusa Air Pollution Control Dist. v. Superior Court (1991) 226 Cal.App.3...
2021.04.13 Motion for Summary Adjudication 706
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.04.13
Excerpt: ...adjudication is denied as moot as to issues two through seven and ten. The rulings on LR's cross-motion for summary adjudication resolve these issues against Spectrum. The motion is also moot as to issues eight and nine (defenses) given that the Court has determined that the cross-complaint substantively lacks merit. To the extent the defenses are still live, the Court would grant summary adjudication against LR as it does not address those issue...

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