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1829 Results

Location: San Francisco x
2021.02.26 Motion for Summary Adjudication, to Seal Docs 570
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.02.26
Excerpt: ......
2021.02.26 Application for Right to Attach Orders 624
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.02.26
Excerpt: ......
2021.02.25 Motion to Strike Amended Answer 604
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.02.25
Excerpt: ... particularity as a cause of action. (See FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 384.) Here, defendant's answer is factually rich and pleads facts that support the affirmative defenses. Plaintiff's arguments regarding the verifications fail as there is no contention that defendant is acting in bad faith. (See League of Women Voters v. Eu (1992) 7 Cal.App.4th 649, 656 ["'The object of a verification is to assure good faith i...
2021.02.25 Motion to Set Aside Default, Judgment, for Leave to Defend 156
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.02.25
Excerpt: ...rocess is essential to establish personal jurisdiction. Thus, a default judgment entered against a defendant who was not served with a summons in the manner prescribed by statute is void. Under [Code of Civil Procedure] section 473, subdivision (d), the court may set aside a default judgment which is valid on its face, but void, as a matter of law, due to improper service." (Ellard v. Conway (2001) 94 Cal.App.4th 540, 544.) Relief from a judgment...
2021.02.22 Motion for Summary Judgment 838
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.02.22
Excerpt: ...See Code Civ. Proc. sec. 437c(p)(2) [burden of production].) Whether an employee is acting within the course and scope of his job and the employer can be responsible for the employee's conduct under the principle of respondeat superior is generally a question of fact. (See Bingener v. City of Los Angeles (2019) 44 Cal.App.5th 134, 140; Jeewarat v. Warner Bros. Entertainment Inc. (2009) 177 Cal.App.4th 427, 434.) An employer can be liable for an e...
2021.02.19 Motion for Summary Judgment 843
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.02.19
Excerpt: ...any of Pittsburgh, PA, TIG Insurance Company, Certain Underwriters at Lloyd's London, and Certain London Market Insurance Companies ("Intervenors") have failed to sustain their initial burden of production pursuant to Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854-855. It is undisputed between the parties that Plaintiff was present while J&H Marine & Industrial Engineering Company employees ("J&H employees") removed and installed al...
2021.02.18 Motion to Vacate Entry of Default, to Seal Declaration 632
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.02.18
Excerpt: ...mended motion to vacate entry of the default entered against them on September 29, 2020, is granted. The complaint in this action was filed on July 22, 2020, and was personally served on defendants on July 31, 2020. Defendants filed their motion to vacate entry of default on January 8, 2021, more than three months after entry of default. Under ordinary circumstances, that delay might be considered unreasonable. (See, e.g., Stafford v. Mach (1998)...
2021.02.18 Motion for Summary Judgment 843
Location: San Francisco
Judge: Lee, Cynthia 503
Hearing Date: 2021.02.18
Excerpt: ...any of Pittsburgh, PA, TIG Insurance Company, Certain Underwriters at Lloyd's London, and Certain London Market Insurance Companies ("Intervenors") have failed to sustain their initial burden of production pursuant to Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854-855. It is undisputed between the parties that Plaintiff was present while J&H Marine & Industrial Engineering Company employees ("J&H employees") removed and installed al...
2021.02.17 Motion for Attorney Fees 371
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.02.17
Excerpt: ...dum Of Points And Authorities And Declaration Of Jeffrey Lewis In Support Thereof: Defendants' motion for an award of attorney's fees and costs is granted in the amount of $22,340 in fees and $2,631.56 in costs, for a total of $24,971.56. As the prevailing parties on the special motion to strike, defendants are entitled to recover their attorney's fees and costs. (Code Civ. Proc. sec. 425.16(c)(1) ["a prevailing defendant on a special motion to s...
2021.02.17 Demurrer, Motion to Strike 254
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.02.17
Excerpt: ...t defendants made false statements of fact regarding plaintiff's job performance in its termination memorandum and subsequently in writing and orally. (Complaint, pars. 35-43, 68- 77.) Plaintiff sufficiently alleges the substance of the defamation. (See Okun v. Superior Court (1981) 29 Cal.3d 442, 458 ["[S]lander can be charged by alleging the substance of the defamatory statement."] Moreover, defendants should be aware of the allegedly false sta...
2021.02.17 Demurrer, Motion to Strike 918
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.02.17
Excerpt: ...to the second cause of action for public disclosure of private facts. (The Court's complete tentative ruling has been emailed to all counsel) As a result of the COVID-19 emergency, all attorneys and parties are required to appear remotely. 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 ap...
2021.02.17 Motion for Judgment on the Pleadings 311
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.02.17
Excerpt: ... basis for employer liability. "Whoever denies the right provided by Section 51.7 or 51.9, or aids, incites, or conspires in that denial, is liable for each and every offense for the actual damages suffered by any person denied that right." (Civ. Code sec. 52(b).) "[A]n employer may be liable for an employee's act where the employer either authorized the tortious act or subsequently ratified an originally unauthorized tort . . . The theory of rat...
2021.02.17 Motion to Set Aside Default 536
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.02.17
Excerpt: ...ection 473(b), a "court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect." "It is the policy of the law to favor, whenever possible, a hearing on the merits Therefore, when a party in default moves promptly to seek relief, very slight evidence is required to ...
2021.02.17 Motion to Tax Costs 765
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.02.17
Excerpt: ...uced by $595 to $3,625.04 to remove a duplicate entry based on Defendants' stipulation. Denied as to the remaining entries. As the prevailing parties in this action, Defendants are entitled as a matter of right to recover all of their costs in this action, regardless of the particular cross‐action or pleading to which the costs may relate. (Code Civ. Proc. sec. 1032(a)(4),(b).) Item No. 15 Fees for Hosting Electronic Documents ($19,628.04). Mot...
2021.02.16 Motion to Strike 367
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.02.16
Excerpt: ... fled the scene without rendering assistance, leaving him injured and bleeding on the ground, is sufficient to establish "despicable conduct" constituting malice. Indeed, as plaintiff points out, such conduct constitutes a felony hit‐and‐run in violation of the California Vehicle Code. (Veh. Code sec. 20001(b); see Corenbaum v. Lampkin (2013) 215 Cal.App.4th 1308, 1319, 1336‐ 1338, 1340 [jury awarded punitive damages to plaintiffs where def...
2021.02.11 Motion to Complete Administrative Record 344
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.02.11
Excerpt: ...d Defendants to complete the certified administrative record submitted to the Court on January 19, 2021 by adding three categories of documents relating to the Board's Finding of Emergency and Addendum #1 for the challenged Emergency Temporary Standard. In a proceeding challenging a finding of emergency under the APA, a court may only consider the following evidence: (1) the rulemaking file; (2) the finding of emergency; (3) an item that is requi...
2021.02.09 Motion to Dismiss for Failure to Prosecute 372
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.02.09
Excerpt: ... December 17, 2020. The court may not dismiss an action for delay in prosecution unless (1) service is not made within two years after the action is commenced against the defendant; (2) the action is not brought to trial within three years, or within two years under certain circumstances; or (3) a new trial is granted. (Code Civ. Proc. sec. 583.420(a).) "The times provided in subdivision (a) shall be computed in the manner provided for computatio...
2021.02.09 Motion for Terminating Sanctions 325
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.02.09
Excerpt: ...For Purposes Of Entry Of Tentative Ruling)Rulings:Matter on the Discovery Calendar for Tuesday, February 9, 2021, Line 4, Cross-Defendant Dan Phipps Architects PC's Motion For Terminating Sanctions Or In The Alternative Evidentiary And Issue Sanctions Against Cross- Complainants Christopher Matthew Hunt And Mara C Hunt And Request For Monetary Sanctions Against Christopher Matthew Hunt And His Counsel Of Record Leonard Rifkind Jointly And Several...
2021.02.05 Petition to Compel Arbitration and Stay Proceeding 425
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.02.05
Excerpt: ...year‐old plaintiff alleges that defendants ‐ who oversaw both her securities accounts and insurance needs ‐ allowed her long‐term care insurance policy to lapse. Defendants point to arbitration provisions in three agreements. The first is for a "cash management account" not involving insurance. (Michal Dec. Ex. A.) Plaintiff signed the other two agreements as "trustee" for trusts (Id. at Exs. B, C), and her long‐term care insurance was ...
2021.02.05 Motion to Dismiss Appeal as Untimely 342
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.02.05
Excerpt: ...ismiss appellant's appeal as untimely pursuant to Labor Code section 98.2(a)" is denied. It is undisputed that the deadline for filing the appeal was August 28, 2020. "A document is deemed filed on the day the clerk receives it (CRC 8.25(b)(1), and the clerk here received the appeal before the deadline." Moreover, "[t]here is a strong public policy in favor of hearing cases on their merits and against depriving a party of his right of appeal." (U...
2021.02.05 Motion to Compel Responses, for Sanctions 634
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.02.05
Excerpt: ...Pro Tem Judge Katherine Gallo, 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 decid...
2021.02.05 Motion to Compel Further Responses 573
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.02.05
Excerpt: ...ative ruling) PLAINTIFF CHERIE POWER's Motion To Compel Defendant Ignacio Cong Fong's Further Responses To Plaintiffs Form Interrogatories, Set Two, Number 15.1 And Requests For Documents, Set One; Request For Sanctions Against Defendant Ignacio Cong Fong And His Attorney Of Record, Jimmie Williams, In The Amount Of $1,719.95 Pro Tem Judge Katherine Gallo, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 ...
2021.02.05 Demurrer, Motion to Strike 691
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.02.05
Excerpt: ...without leave to amend based on claim preclusion. Plaintiff's claim is predicated on Uber's alleged statements regarding "safe rides" and background checks. Those claims were previously asserted and resolved as part of a class action settlement in McKnight v. Uber Technologies, Inc., 4:14-cv-05615-JST (N.D. Cal. Jun. 1, 2017), ECF No. 125. An amended (and final) Stipulation of Settlement (the "Settlement") was reached and entered on June 1, 2017....
2021.02.05 Demurrer, Motion to Strike 649
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.02.05
Excerpt: ...he 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. 5-8 (assault, sexual battery, false imprisonment, 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 ...
2021.02.04 Motion for Summary Judgment 743
Location: San Francisco
Judge: Lee, Cynthia 503
Hearing Date: 2021.02.04
Excerpt: ...Company of Pittsburgh, PA, TIG Insurance Company, Certain Underwriters at Lloyd's London, and Certain London Market Insurance Companies ("Intervenors") have failed to sustain their initial burden by making an affirmative showing that Plaintiff does not possess, and cannot reasonably obtain, needed evidence to support the element of causation. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854-855.) Initially, it is undisputed between t...

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