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2243 Results

Location: San Francisco x
2022.05.23 Motion to Quash 813
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.05.23
Excerpt: ...ILITY COMPANY, MAXXVIN LLC, A FLORIDA LIMITED LIABILITY COMPANY) motions to quash are continued to August 17, 2022, to allow for limited jurisdictional discovery. The complaint sufficiently names Maxxvin LLC, the process server fixed the technical defects in the proofs of service, and the service statutes are liberally construed where there is actual notice. (See Pasadena Medi‐Center Associates v. Superior Court (1973) 9 Cal.3d 773, 778.) When ...
2022.05.20 Motion to Quash Service of Summons or Stay or Dismiss 647
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.05.20
Excerpt: .... (1994) 24 Cal.App.4th 1426, 1439‐1440 [plaintiff's burden to demonstrate jurisdiction including proper service].) The Oakland residence where the substitute service occurred is defendant's "dwelling house, usual place of abode, , or usual mailing address." (CCP 415.20(b).) Defendant declares that he is currently living in Afghanistan and he does not know when, if at all, he will be able to return to the United States of America. (Zazai Decl.,...
2022.05.19 Motion to Quash Deposition Subpoena for Production of Business Records 455
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.05.19
Excerpt: ...ena For Production Of Business Records 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 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 bef...
2022.05.19 Demurrer 202
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.05.19
Excerpt: ...propriation claims. (Angelica Textile Services, Inc. v. Park (2013) 220 Cal.App.4th 495, 506.) Fraud. The complaint adequately pleads fraud with specificity. The core theory (it must be accepted as true on demurrer) is that defendants used Patrick Joyce as a cat's paw to defraud plaintiff. The theory is actionable and well-pled. (See, e.g., Mirkin v. Wasserman (1993) 5 Cal.4th 1082, 1095; Cmplt. 18:1-16.) Further, plaintiff's reliance on defendan...
2022.05.18 Motion to Amend Judgment to Add Additional Judgment Debtor or for Turnover of Judgment Debtors' Shares of Stock 030
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.05.18
Excerpt: ...Debtor, Or Alternatively, (II) For A Turnover Of Judgment Debtors Shares Of Stock In Semper Curious Corporation. Plaintiff's Motion (1) To Amend Judgment To Add Semper Curious Corporation ("SC") As An Additional Judgment Debtor, Or Alternatively, (2) For A Turn Over Of Judgment Debtor's Shares Of Stock In Semper Curious Corporation is granted and denied in part. The motion to add SC as a judgment debtor is denied. Reverse piercing of the corporat...
2022.05.18 Motion for Summary Adjudication 428
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.05.18
Excerpt: ...ble settlement. "A settlement agreement is a contract, and the legal principles which apply to contracts generally apply to settlement contracts." (Weddington Production, Inc. v. Flick (1998) 60 Cal.App.4th 793, 810.) "Terms proposed in an offer must be met exactly, precisely and unequivocally for its acceptance to result in the formation of a binding contract ... " (Panagotacos v. Bank of America (1998) 60 Cal.App.4th 851, 855.) Here, on March 1...
2022.05.17 Petition to Compel Arbitration, to Stay Pending Litigation 113
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.05.17
Excerpt: ...aiver grounds. In the nine months since plaintiff filed this case: defendants filed answers; after meeting and conferring, defendants filed amended answers; plaintiff deposited jury fees and demanded a jury trial; the parties filed multiple case management statements; plaintiff served document requests, interrogatories and requests for admission; plaintiff agreed to three extensions for defendants' discovery responses; the parties agreed to and f...
2022.05.17 Demurrer 722
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.05.17
Excerpt: ...pects or should suspect that her injury was caused by wrongdoing." (CCP 338(d); Jolly v. Eli Lilly & Co. (1988) 44 Cal.3d 1103, 1110; Vera v. REL‐BC, LLC (2021) 66 Cal.App.5th 57, 68‐69.) Here, plaintiff pleads in detail that defendants caused her wrong on "multiple occasions" starting in December 2015 by failing to pay her while offering various excuses. (Cmplt. 2:12‐3:10.) This case may continue as a breach of contract action, which is wh...
2022.05.16 Motion to Compel Verified Responses, to Deem RFAs Admitted, for Sanctions 841
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.05.16
Excerpt: ... & FRIENDS, INC. A CALIFORNIA CORPORATION's Omnibus Motion To Compel Defendants Michael Ina, Sherman Wong, And Lawrence Bennett To Provide Verified Responses To Discovery, Motion To Deem Facts Admitted, And Motion For Sanctions: Pro Tem Judge Steven Spaulding, 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 par...
2022.05.16 Motion to Compel Further Responses 900
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.05.16
Excerpt: ...n To Compel Defendant Catherine Bailey's Further Responses To Plaintiff's Form Interrogatories, Set One, Numbers 7.1, 7.2, 9.1 And 9.2; Request For Sanctions Against Defendant Catherine Bailey And Her Attorney Of Record, Mark Kassenbrock, In The Amount Of $1,422: Pro Tem Judge Steven Spaulding, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this m...
2022.05.12 Motion for Reconsideration 460
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.05.12
Excerpt: ...and a valid reason for not presenting them earlier. (CCP 1008; Gilberd v. AC Transit (1995) 32 Cal.App.4th 1494, 1500.) Plaintiff Renee Kwan claims "new evidence" that she opposed her arbitration agreement. However, Kwan already introduced evidence to that same effect before this court's March 28 hearing and order. In any event, Kwan opted to sign the arbitration agreement despite any misgivings. (Id. at 2:1‐2.) Kwan claims "new case law" in th...
2022.05.11 Motion to Consolidate Actions of Cases 778
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.05.11
Excerpt: ...oses. Tran and Mary Ann Baysac are the two key figures in all three cases. The latter case involves a dental‐business partnership dispute between the pair. The former cases involve a condominium Tran and her mother bought from Baysac and her husband so, Tran says, Tran could be closer to the dental businesses she worked at with Baysac. Tran further asserts that the condo sale would not have been as favorable to Baysac but for their business rel...
2022.05.10 Demurrer, Motion to Strike 345
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.05.10
Excerpt: ...uld the trial judge find the need to further amend the SACC, that may be done "at any stage of the proceeding." (Hirsa v. Sup. Ct. (1981) 118 Cal.App.3d 486, 488‐89.) Rescission. The SAAC adequately pleads a claim for rescission. The at‐issue written contract is the cross offer agreement. (SACC 4:25‐26, 10:11.) Mistakes are pled. (See, e.g., SACC 10:12‐11:6.) The parties to the contract are pled. (SACC 4:25‐26.) Filing of a rescission c...
2022.05.09 Motion to Enforce Settlement Agreement 745
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.05.09
Excerpt: ...coffee bar. Per the agreement, the settlement sum was "allocated as follows: Jason Xu ‐ 40%; Henry Yeap ‐ 30%; German Zhao ‐ 30%." Yeap and Zhao paid their allocations, but Xu did not pay his allocation. Plaintiffs' motion looks to all three defendants for Xu's 40%, arguing that the settlement sum was "joint and several." However, the settlement agreement does not contain the term "joint and several," and instead allocates each of the three...
2022.05.06 Motion for Summary Judgment, Adjudication 318
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.05.06
Excerpt: ... cites no authority holding that Otis owed AAA a duty to warn that members of the public should not use the freight elevator. The undisputed facts show that while Otis installed the elevator in 1954, (1) elevator code requirements assume the presence of freight operators and handlers who are familiar with the elevator door operation; (2) the owner of the freight elevator (AAA) is responsible for determining who is authorized to use the elevator, ...
2022.05.06 Demurrer 393
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.05.06
Excerpt: ...021, Order granting specially appearing defendants Harvey's Tahoe Management Company, Inc. and Harvey's Tahoe Management Company, LLC (Harveys)'s motion to quash service of summons for lack of jurisdiction. CCP sec. 916(a) provides, in pertinent part, "the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby . . ." The purpose of the automati...
2022.05.05 Motion to Vacate Renewal of Judgment 735
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.05.05
Excerpt: ...n 683.170 "explicitly states that the 30‐day period for bringing a motion to vacate renewal of a judgment commences upon service of the notice of renewal. Defendant's actual knowledge of the judgment [does] not govern the timeliness of [her] section 683.170 motion." (Fid. Creditor Serv., Inc. v. Browne (2001) 89 Cal.App.4th 195, 204 (internal citations omitted, emphasis added).) Defendant meets her burden to prove that she was never served with...
2022.05.05 Motion to Compel, for Sanctions 722
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.05.05
Excerpt: ...e requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears b...
2022.05.05 Motion for Summary Judgment, Adjudication 674
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.05.05
Excerpt: ...ER TECHNOLOGIES, INC., RASIER, LLC, RASIER-CA, LLC) motion for summary judgment is denied as a matter of law. Defendants owed Plaintiff a general duty of care in choosing where and how to offload the passengers. There exists a triable issue of material fact whether defendants breached that duty by dropping its passengers off in a "no stopping/tow away" zone. (Stephenson Decl., Ex. 2 - Eric Samuel Depo., 31:6-9; 245:2-17; 245:19-22; Stephenson Dec...
2022.04.29 Motion for Preliminary Approval of Class Action Settlement 921
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.04.29
Excerpt: ...relief as to the following issues: 1. The Court cannot find that the manner of notice proposed (e.g., first‐ class mail only) is the best notice practicable under the circumstances. Notice shall be provided to class members both by first‐class mail and, where available, by email. Defendant shall provide all known email addresses of class members to the settlement administrator with the other information required for class notice. 2. Class mem...
2022.04.28 Motion to Strike Exemplary, Punitive, and Treble Damage Claims from SAC 651
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.04.28
Excerpt: ...emplary/punitive and treble damage claims from second amended complaint" (SAC) is denied. Comcast asserts that the SAC "pleads no facts whatsoever to support a claim for exemplary/punitive or treble damages." (Memo. 2:1‐2; see also Not. 3:6‐7.) To the contrary, the SAC's factual allegations are adequate for the pleading stage. Whether, as Comcast doubts, plaintiff will eventually be "able to succeed" on his punitive damages prayer is a questi...
2022.04.28 Motion to Disqualify Attorney 519
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.04.28
Excerpt: ...on To Disqualify Attorney Micah Jacobs As Counsel For Automata Research Institute is denied. The party seeking disqualification has the burden of proof. (See Lynn v. George (2017) 15 Cal.App.5th 630, 638.) Defendants do not contend that attorney Jacobs has a conflict of interest based on prior or current representations. Rather, they contend that he cannot act for Automato Research Institute, Inc. because he was retained by persons that cannot pr...
2022.04.28 Motion to Compel Acknowledgement of Satisfaction of Judgment 697
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.04.28
Excerpt: ...Defendant Avande, Inc.'s motion to compel acknowledgment of satisfaction is denied. Defendant relies on Wade v. Schrader (2008)168 Cal.App.4th 1039, for the proposition that "a motion to compel acknowledgment of satisfaction of a judgment... is an entirely acceptable procedure for balancing an offsetting judgment." (Id. at 1048‐49.) However, Wade makes it clear that an entry of an offset is within the equitable discretion of this Court. (Wade, ...
2022.04.28 Demurrer, Motion to Strike 464
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.04.28
Excerpt: ...ployer. (Cmplt. 3:13‐17.) Duty of Care. Common law and Civil Code 1714 impose duties of care. Cal‐OSHA regulations may establish duties in negligence actions against third parties. (Elsner v. Uveges (2004) 34 Cal.4th 915, 924.) Nibbi's role in controlling the construction site is not adjudicated at the pleading stage. Damages. The complaint adequately pleads damages against Nibbi. (See, e.g., 1:22‐24, 3:12‐4:19, 7:21‐26, 8:15‐21, 10:1...
2022.04.27 Motion to Compel Production, for Sanctions 915
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.04.27
Excerpt: ... temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax ...

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