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2450 Results

Location: San Francisco x
2023.02.02 Motion for Summary Adjudication 982
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.02.02
Excerpt: ...econd cause of action is denied. The "complaint for declaratory relief" regards insurance coverage. In its complaint's first cause of action ‐ as to which summary adjudication is not sought ‐ "Allied World seeks a judicial determination that there is no coverage under the Allied World Umbrella Policy." (Id. at 11:18‐20.) In the second cause of action ‐ as to which summary adjudication is sought ‐ "Allied World seeks a judicial determina...
2023.02.01 Petition to Compel Arbitration 940
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.02.01
Excerpt: ...sue regarding whether petitioner complied with the grievance timing requirements of the parties' Collective Bargaining Agreement ("CBA"). That procedural issue is a matter for the arbitrator to decide. (See Local Joint Exec. Bd. v. Mirage Casino‐Hotel, Inc., 911 F.3d 588, 596 (9th Cir. 2018) [explaining that "timeliness, waiver, and other 'gateway' procedural matters growing out of the dispute are for [the] arbitrator."]; John Wiley & Sons, Inc...
2023.02.01 Demurrer 563
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.02.01
Excerpt: ...0, 9:4‐11:3.) Defendants argue that who improperly received the information must be pled with specificity (Memo. 3:23‐24), but the opinions they cite do not so hold. Demurrer overruled. 2 (Civil Code 1798.82 violation): The complaint adequately pleads violation of Civil Code 1798.82. (Id. at 11:4‐25.) Defendants argue that when a security‐system breach occurred must be pled, but the complaint does that. (Memo. 5:8‐9; Cmplt. 8:12‐15.) ...
2023.01.26 Motion to Compel Arbitration 687
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.01.26
Excerpt: ...Exhibit 5, 17(a).) The court overrules plaintiff's objections to that declaration. Defendant, however, waived the right to arbitrate and waived the delegation clause too. Plaintiff filed this case on November 23, 2021, and defendant answered the complaint on January 28, 2022. The Federal Arbitration Act ("FAA") applies to the parties' agreement and the issue of waiver is a matter of federal law. (See Davis v. Shiekh Shoes, LLC (2022) 84 Cal.App.5...
2023.01.24 Motion for Determination of Good Faith Settlement 548
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.01.24
Excerpt: ...is granted. Plaintiff alleges he was injured by stepping on a vault lid that gave way. At least six parties (including plaintiff) have potential culpability. (Memo. 5:20‐6:2.) One of them, Harrigan Weidenmuller Co., filed an opposition to the good faith motion. Harrigan focuses on its notion that not enough discovery has been done to allow a good faith settlement. (Opp. 2:26‐3:19, 3:28‐4:17, 4:23‐5:4.) However, CCP 877 motions are often g...
2023.01.24 Demurrer 857
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.01.24
Excerpt: ...he representation regarding the number of cups that could be made from the can. At all times, Plaintiff believed and had a reasonable expectation that the labeling on the Class Products was truthful and accurate." (Id. at 15:3‐6.) This suffices to plead reliance under the Unfair Competition Law and the Consumer Legal Remedies Act. In this context, expectation and reliance are synonymous ‐ "a distinction without a difference." (Hale v. Sharp H...
2023.01.23 Motion for Leave to Submit Tardy Expert Witness Information 129
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.01.23
Excerpt: ...C.'s Motion Of Defendants For Leave To Submit Tardy Expert Witness Information. Pro Tem Judge John-Paul Deol, 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 th...
2023.01.20 Demurrer, Motion to Quash Service of Summons or Stay or Dismiss 984
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.01.20
Excerpt: ...) Plaintiff alleges that defendant is liable to him pursuant to Labor Code sec. 558.1. "[T]o be held liable under section 558.1, an 'owner' ... must either have been personally involved in the purported violation of one or more of the enumerated provisions; or, absent such personal involvement, had sufficient participation in the activities of the employer, including, for example, over those responsible for the alleged wage and hour violations, s...
2023.01.19 Motion for Attorney Fees 866
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.01.19
Excerpt: ...aining Confirmation Of Award. Respondent's "motion for attorneys' fees incurred in defeating petition to vacate or, in the alternative, correct arbitration award and obtaining confirmation of award" is denied. The parties agree that the relevant provision of their arbitration agreement is: "The arbitrator may award one of the parties all or part of its costs and expenses of arbitrating (including attorneys' fees and disbursements) if he or she co...
2023.01.19 Demurrer 384
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.01.19
Excerpt: ...d documents since there is no evidence to authenticate them. (See Linda Vista Village San Diego Homeowners Assn., Inc. v. Tecolote Investors, LLC (2015) 234 Cal.App.4th 166, 184 ["Judicial notice may be taken of 'the fact of a document's recordation, the date the document was recorded and executed, the parties to the transaction reflected in a recorded document, and the document's legally operative language, assuming there is no genuine dispute r...
2023.01.18 Demurrer 632
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.01.18
Excerpt: ...lity. (Id. at 9:1‐24; CACI 2500.) Defendants cite no authority for their notion that plaintiff must elect one of her three bases as "the substantial motivating reason" for discrimination. (Memo. 9:10‐ 22.) 2 (harassment [Gov. Code 12940(j)]): The complaint adequately pleads harassment based on age, gender and disability. (Id. at 10:1‐11:2; CACI 2521A.) Defendants cite no authority for their notions that plaintiff must elect one of her three...
2023.01.18 Motion for Costs, for Writ of Mandate 898
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.01.18
Excerpt: ... 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 phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests....
2023.01.18 Motion for Summary Judgment 392
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.01.18
Excerpt: ...gligence claims against TRITON are premised on vicarious liability for the alleged negligence and intentional torts of Mr. Markeith White ("WHITE")." (Points & Authorities, 1:27‐ 2:1.) Such a ruling does not completely dispose of the case against defendant and therefore, summary judgment would be improper. Moreover, the unsworn incident report that defendant relies upon shows that its admitted employee (Mr. Shaikh) worked in concert with Mr. Wh...
2023.01.18 Motion to Quash Deposition Subpoena, for Production of Docs, for Sanctions 663
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.01.18
Excerpt: ...oena For Personal Appearance And Production Of Documents And Things And Deposition Subpoena For Production Of Business Records Request For Sanctions In The Amount Of 2688. 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 agr...
2023.01.17 Demurrer 502
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.01.17
Excerpt: ...al obligations and breach. (Not. 1:15‐18; FAC 6:5‐8, 31:1‐22.) Barclays' notion that a contract claim must be pled with specificity is mistaken. (See Not. 1:15‐18.) Demurrer overruled. 2 (fraud [concealment]), 3 (intentional misrepresentation), 7 (Business & Professions Code 17200): The FAC pleads fraud with insufficient specificity as to Barclays. (Not. 1:19‐2:2; Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 73 ["how, when, where, to...
2023.01.13 Motion to Strike, Demurrer 694
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.01.13
Excerpt: ...and 34. As explained in the demurrer, plaintiff pleads a cognizable claim to recover the bonus and funds from the profit‐sharing plan. Granted without leave to amend as to the punitive damages allegations (FAC 40, 43 (second par. 43), 50, and Prayer (D). A party cannot recover punitive damages for a contractual breach. (See Civil Code sec. 3294(a).) A party also may not recover punitive damages for a Labor Code violation. (See Brewer v. Premier...
2023.01.11 Motion for Determination of Good Faith Settlement 334
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.01.11
Excerpt: ...e facts of which are disputed. Plaintiff Tracy Yu has agreed to settle for $5,001 with the driver (Marini) and owner (Poppel) of one of the other two vehicles. The third vehicle's driver, Peter Giordano, opposes a good faith determination with three points. First, he says his vehicle was pushed into the Yu vehicle by the Marini/Poppel vehicle, so he has limited liability compared to them. (Opp. 1:25‐2:3.) Second, Giordano reports that, two week...
2023.01.11 Demurrer 433
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.01.11
Excerpt: ...haust administrative remedies." (Id. at 1:5‐2:15.) This is premised on the notion that statutes of limitations were triggered in October 2018. (Memo. 3:23‐4:2, 5:17‐23.) However, the SAC pleads that, in 2019 and 2020, plaintiff "attempted to work with" defendants "to place him in another position" ‐ efforts ultimately "rebuffed." (Id. at 4:14‐25.) At the pleading stage ‐ where pled facts must be accepted as true ‐ this suffices to d...
2023.01.10 Demurrer, Motion to Strike 788
Location: San Francisco
Judge: Department 302
Hearing Date: 2023.01.10
Excerpt: ...uppressed material facts. (Cmplt. 1:7-22:4.) Second, the complaint adequately pleads that Honda had a duty to disclose the facts regarding sensing defects to plaintiff, as Honda had knowledge of material facts not known to him. (See Stickrath v. Globalstar, Inc. (ND. Cal. 2007) 527 F.Supp.2d 992, 1000-01.) This duty was based on Honda's advertising and other promotional efforts to buyers such as plaintiff, including through Honda's agent-dealers....
2022.12.22 Motion to Seal Docket 416
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.12.22
Excerpt: ...al the docket is denied. The First Amendment provides a right of access to civil trials and proceedings, including civil litigation documents filed in court as a basis for adjudication. (NBC Subsidiary (KNBC‐TV), Inc. v. Super. Ct. (1999) 20 Cal.4th 1178, 1208‐1209 & fn. 25.) Under rules 2.550 and 2.551 of the California Rules of Court, the court may order a record sealed only upon making express findings that (1) There exists an overriding i...
2022.12.22 Motion to Augment Expert Witness Designation 782
Location: San Francisco
Judge: Lee, Cynthia 503
Hearing Date: 2022.12.22
Excerpt: .... Defendant has shown an exceptional circumstance of the death of its designated expert before trial set for May 8, 2023 for the Court to permit the motion to be made under C.C.P. section 2034.610(b) after the expert discovery cutoff date. (Hopwood Decl. para. 4.) All conditions are satisfied for the Court to grant leave to augment under C.C.P. section 2034.620. The Court considered the minimal extent to which Plaintiffs have relied on Defendant'...
2022.12.22 Demurrer 932
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.12.22
Excerpt: ...is denied. The existence and terms of a contract are not proper subjects of judicial notice when the opposing party objects. (Travelers Indemnity Co. of Connecticut v. Navigators Specialty Ins. Co. (2021) 70 Cal.App.5th 341, 354‐355 & fn. 9 [trial court erred in sustaining demurrers to equitable contribution and equitable indemnity causes of action]; compare Chacon v. Union Pacific Railroad (2020) 56 Cal.App.5th 565, 572 [trial court did not er...
2022.12.21 Motion for Attorney Fees 585
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.12.21
Excerpt: ...rbitration agreements, theirs permits a party to "seek provisional injunctive relief" from a court "to ensure that the relief sought in the arbitration is not rendered ineffectual by interim harm." (Heaps Dec. Ex. 1 21(d).) This is particularly apt where, as here, an arbitration demand had been filed, but no arbitrator yet selected. Plaintiff sought provisional injunctive relief from this court under the arbitration agreement. (Id.) Claiming it p...
2022.12.20 Motion to Compel Further Responses, Demurrer 625
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.12.20
Excerpt: ...y Sanction. Pro Tem Judge David McDonald, 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...
2022.12.20 Motion for Judgment on the Pleadings, for Permanent Injunction, for Attorney Fees 800
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.12.20
Excerpt: ... Fees. Plaintiff's motion for judgment on the pleadings ‐ the functional equivalent of a demurrer ‐ is denied. In People ex rel. Becerra v. Sup. Ct. (2018) 29 Cal.App.5th 486, as here, plaintiffs moved for judgment on the pleadings against the state of California. As here, the state's answer denied all material allegations. (Id. at 499.) Judgment was nonetheless granted. The Court of Appeal reversed, holding: "the trial court should have deni...

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