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2779 Results

Location: San Francisco x
2024.03.19 Motion to Dismiss Based on Forum Non Conveniens or to Stay 992
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.19
Excerpt: ... interests of comity and judicial economy. (CCP 128(a)(8).) A putative class action that raises claims similar to this action is presently pending in Delaware. (Cornet, et al. v. Twitter, Inc., Case No. 1:23 -cv -00441 -JLH (D. Del.).) "It is black letter law that, when a federal action has been filed covering the same subject matter as is involved in a California action, the California court has the discretion but not the obligation to stay...
2024.03.19 Motion to Compel Deposition, for Monetary Sanctions 034
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.19
Excerpt: ...and parties are required to appear re motely. Hearings will be conducted by videoconference using Zoom. To appear at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link (DISCOVERY, DEPARTMENT 302 DAILY AT 9:00 A.M.), or dial the corresponding number and use the meeting ID, and password for Department 302. Any party who contest...
2024.03.19 Motion for Trial Preference 173
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2024.03.19
Excerpt: ...at 11:15 a.m. in Department 206. a. Last day pursuant to C.C.P. section 36(f) is July 16, 2024. b. The parties shall follow the California Rules of Court, San Francisco Local R ules, and Local Rule 20. 2. The last day for hearing summary judgment/adjudication motions is July 2, 2024. a. Summary judgment/adjudication motions shall be brought on regular notice pursuant to the relevant provisions of the C.C.P., unless the parties stipulate otherwise...
2024.03.19 Demurrer, Motion to Strike 567
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.19
Excerpt: ... tentative ruling has been emailed to the parties.) For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be c onducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding pho...
2024.03.19 Demurrer 376
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.19
Excerpt: ...tly and separately specify its grounds by paragraph. (CCP 430.60; CRC 3:1320; Edmon & Karnow, California Practice Guide: Civil Procedur e Before Trial (TRG 2016) 7:99-110.) Even had a demurrer been filed, defendant is noncompliant with CCP 430.41. Defendant's 430.41 declaration states: "This form must be filed with the demurrer," but the form declaration was filed five days after the "demu rrer" papers. Further, the declar...
2024.03.15 Petition for Writ of Traditional or Administrative Mandamus for Stay and Reversal of Board's Decision 439
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.15
Excerpt: ...r. There are numerous procedur al problems with this petition: (1) petitioner failed to lodge a copy of the administrative record. (Buckhart v. San Francisco Residential Rent Stabilization and Arbitration Board (1988) 197 Cal.App.3d 1032, 1036 ["Without such a complete record the superi or court cannot comply with Code of Civil Procedure section 1094.5."]; Ochletree v. Gourley (2002) 102 Cal.App.4th 1013, 1017.); (2) petitioner did not pr...
2024.03.15 Motion for Leave to File Amended Complaint 214
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.15
Excerpt: ...ring amendment is so strong that it is a rare case in which denial of leave to amend can be justified." (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) Here, plaintiff's amendments do not change the tenor of the case, but merely plead additional instances of the same alleged wrongdoing and related causes of action. The Doe defendant that plaintiff seeks to add presumably has been aware of the allegations since the comp...
2024.03.14 Motion for Reconsideration 916
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.14
Excerpt: ... Court'S Order Granting Defendants Udr , Inc., Channel Mission Bay, Lisa Quigley And Ethel Pacis'S Motion To Deem The Truth Of Matters Specified In Requests For Admission, Set One, Prop Pro Tem Judge William Lynn, 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 si...
2024.03.12 Motion to Compel Further Responses, for Monetary Sanctions 378
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.12
Excerpt: ...ts For Production Of Documents (S et One) Against Defendant Clifton W. Chester And Request For Monetary Sanctions (part 1 of 2) Pro Tem Judge Matthew Kahn, 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 ass igned 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 ...
2024.03.11 Demurrer 436
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.11
Excerpt: ...tember 2019, during which time WAB allegedly committed various Labor Code violations. Marquez sent notice of these violations to the Labor and Workforce Development Agency ("LWDA") in September 2023 and sued in November 2023 to recover civil penalties under the and Private Attorney General Act ("PAGA"). The statute of limitations for PAGA claims is one year. (CCP 340(a); Brown v. Ralph Grocery Co. (2018) 28 Cal.App.5th 824, 839.) ...
2024.03.08 Motion to Strike, Demurrer 925
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.08
Excerpt: ... states: "Notwithstanding any other provision of law, a public entity is not liable for damages awarded under Section 3294 of the Civil Code or other damages imposed primarily for the sake of example and by way of punishing the defendant." (Gov. Code 818.) Plaintiff's opposition to the motion to str ike provides no legal authority for any exception to this rule. Because CCSF is immune from punitive damages, plaintiff cannot amend the ...
2024.03.08 Motion to Amend FAC 355
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.08
Excerpt: ...#39;s Motion To Amend First Amended Complaint With Proposed Second Amended Complaint. Plaintiff's motion to file a second am ended complaint is granted. The motion is timely given the recent discovery disclosures and there is a liberal policy in favor of amendment. (Hirsa v. Superior Court (1981) 118 Cal.App.3d 486, 488 -489 ["That trial courts are to liberally permit such amendm ents, at any stage of the proceeding, has been established...
2024.03.07 Motion to Quash Service of Summons or Stay or Dismiss 624
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.07
Excerpt: ...iscovery showed defendants' website sold 39 allegedly lead -containing mugs into California. (2/22/24 Brf. 4:27, 5:16, 6:6 -7.) Plaintiff says Thurston v. Fairchild Collectibles of Georgia, LLC (2020) 53 Cal.App.5th 1231 " appears to be the most directly on -point decision involving internet sales." (Id. at 7:14.) Like other cases, Thurston holds that "sales must be substantial" to confer jurisdiction, and in Thurston they wer...
2024.03.04 Motion to Compel Further Responses 080
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.04
Excerpt: ...ts, Set One And Request For Sanctions (part 1 of 2) Pro Tem Judge Ken Korea, 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 agre eing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will ...
2024.03.01 Motion for Leave to File FACC 358
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.03.01
Excerpt: ...OCIATES, INC.'s ("Forde") Mo tion for Leave to File First Amended Cross -Complaint is denied. First, the Petak declaration does not comply with CRC 3.1324(b). Forde does not sufficiently explain why the amendment is necessary and proper and precisely what recently occurred that warrant s amendment at this stage of the litigation (trial date - August 26, 2024). Second, Forde mischaracterizes its proposed First Amended Cross -Complaint ...
2024.02.29 Motion to Deem RFAs Admitted, to Compel Responses, Demand Inspection 445
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.29
Excerpt: ...ifornia State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior...
2024.02.29 Demurrer, Motion to Strike 694
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.29
Excerpt: ...reservation of rights and paid a $800,000 settlement. CSE then sued Kwok for reimbursement of defense costs and the $800,000 indemnity. Kwok cross -claimed for breach of contract, b reach of covenant of good faith and fair dealing and financial elder abuse. CSE's primary argument on demurrer is that the CC focuses on "the filing of this lawsuit" as CSE's misconduct, though such reimbursement suits are allowed by Blue Ridge Ins. ...
2024.02.28 Motion to Deem RFAs Admitted, for Monetary Sanctions 647
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.28
Excerpt: ...itted Truth Of Facts And Genuineness Of Documents (Tentative ruling part 1 of 3) Pro Tem Judge J. Timothy Nardell, 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 pulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion s...
2024.02.28 Motion to Compel Depositions, for Sanctions 141
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.28
Excerpt: ...thy Nardell, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with ...
2024.02.28 Motion for Judgment on the Pleadings 875
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.28
Excerpt: ...hdrew from this case on June 20, 2023, after Mr. Ulleseit died. As his former counsel noted in his declaration in support of the motion to withdraw, decedent's estate has been given ample time to retain counsel and prosecute this case but it has not chosen to do so. Given the death and lack of any party to puruse this action, the court grants judgment on the pleadings without leave to amend in favor of defendant. (Est. of Edwards (1978) 82 Ca...
2024.02.27 Motion for Summary Judgment, Adjudication 075
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2024.02.27
Excerpt: ...th respect to Defendant's motion for summary judgment, Defendant relies on the three deposition transcripts (enclosed as Exhibits B, C, and D to the Hoover Declaration) to show there are no triable issues of material fact reg arding the asbestos contents of its Dex -O -Tex product line. The Court sustains Plaintiffs' objections to the exhibits as hearsay. As such, Defendant presents no evidence on this matter. Defendant fails to meet its ...
2024.02.22 Demurrer 687
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.22
Excerpt: ...g final resolution of Case No. CGC -20 -587028. (OTO, LLC v. Kho (2019) 8 Cal.5th 111, 141 [court's inherent power to stay proceedings].) Defendants say plaintiff's two employment cases - 587028 and 6 08687 - are "virtually identical." (Memo. 3:25.) Not so: inter alia, the 608687 complaint has seven pages of allegations post- dating 587028's filing. (Id. at 3:8 -10:19.) However, the 608687 complaint does acknowledge that the...
2024.02.21 Motion for Summary Judgment, Adjudication 136
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2024.02.21
Excerpt: ...ts initial burden of showing Plaintiffs do not possess, and cannot reasonably obtain, needed evidence of asbestos exposure and causation. (See Aguilar v. Atl. Richfield Co. (2001) 25 Cal.4th 826, 855.) Defendant enclosed excerpts of Volume 5 of the Deposition of Plaintiff Joseph Fare, taken on November 27, 2023, in its moving evidence. (See Hollingsworth Decl. at 2:16 -17 [par. 6].) Defendant also enclosed Plaintiffs' Answers to Standard Int...
2024.02.21 Motion for Change of Venue 173
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.21
Excerpt: ... shall be sued only in the county of its principal office, which shall be Sacramento, unless otherwise designated by the council." Petitioner cites Business and Professions C ode 4610(i), which says a council decision may be challenged by an action "in a court of competent jurisdiction." However, "the cardinal rule of statutory construction" is that statutes "must be construed together, and harmonized," when at all pos...
2024.02.20 Motion to Compel Further Responses 068
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.20
Excerpt: ..., 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 mot ion 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 a...

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