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2058 Results

Location: San Francisco x
2021.10.22 Motion to Compel Responses 749
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.10.22
Excerpt: ...t 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 by telephone, the ...
2021.10.21 Motion to Compel Compliance with Discovery Orders 896
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.10.21
Excerpt: ... 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 by telephone, the stipulation may be signed via fa...
2021.10.14 Motion to Quash Service of Summons or Stay or Dismiss 898
Location: San Francisco
Judge: Lee, Cynthia 503
Hearing Date: 2021.10.14
Excerpt: ...NIED. Plaintiff has failed to meet his burden of showing that service on PCNA was effective service on Porsche AG as CT Corporation is not the agent for service of process for Porsche AG. Further, Plaintiff has failed to satisfy the requirement of Code of Civil Procedure section 416.10(b) for service on Porsche AG. Even after being given the opportunity to conduct jurisdictional discovery, Plaintiff has failed to present sufficient evidence that ...
2021.10.08 Motion for Summary Judgment 973
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.10.08
Excerpt: ...nd 18-20.) It further shows that it has no involvement with the decisions of General Council affiliated churches (e.g. Golden Gate) or District Council affiliate churches (e.g. Homeless Church) when those churches invite guest pastors to conduct their services. (Id., pars. 14-15.) In opposition, plaintiffs rely on the Constitutions and Bylaws of the Homeless and Golden Gate churches to aver that AGNCN had sufficient control over them and Wegmann ...
2021.10.06 Motion for Leave to Intervene 976
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.10.06
Excerpt: ...motion to abate and stay Wasdin's separately‐filed action, Wasdin v. Pacific Gas and Electric Company, et al., No. CGC‐21‐591030, and its August 16, 2021 order denying Wasdin's motion to consolidate that action with the instant action. Wasdin cites no statutory or case authority supporting her contention that an heir should be permitted to intervene in a wrongful death action brought by the personal representative. Her position is irreconci...
2021.10.06 Demurrer, Motion for Preliminary Injunction 061
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.10.06
Excerpt: ...inst the Directors individually is overruled. Code of Civil Procedure Sec. 425.15(a) states, "[n]o cause of action against a person serving without compensation as a director or officer of a nonprofit corporation described in this section, on account of any negligent act or omission by that person within the scope of that person's duties as a director acting in the capacity of a board member [ ]." (Code Civ. Proc. Sec. 425.15(a)(emphasis added).)...
2021.10.01 Motion for Judgment on the Pleadings 559
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.10.01
Excerpt: ...e policies per Evidence Code sec. 452(h) because both parties refer to the policy and its terms are unambiguous. (See Ingram v. Flippo (1999) 74 Cal.App.4th 1280, 1285, fn.3 [taking judicial notice of letter that was referenced in complaint (but not attached) where both parties referred to the letter and quoted from it]; Defendant's RJN, Exs. 1-5 [policies].) In addition, the parties stipulated that the court may refer to the policies. Defendant ...
2021.09.29 Motion to Compel Arbitration and Stay Action Pending Arbitration 209
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.29
Excerpt: ...'s motion for an order compelling arbitration of plaintiff's claims on an individual basis and dismissing without prejudice all of Plaintiff's claims is granted as unopposed. Defendants' motion for an order staying all proceedings on Plaintiff's representative claims for civil penalties under the California Private Attorneys' General Act of 2004 pending completion of the arbitration is granted. (9 U.S.C. Sec. 3 [stay mandatory under FAA]; see Fra...
2021.09.27 Demurrer, Motion to Strike 543
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.27
Excerpt: ...t to Code of Civil Procedure Section 452. In addition, the Court accepts plaintiff's allegations as true when ruling on a demurrer. (See Curtis T. v. County of Los Angeles (2004) 123 Cal.App.4th 1405, 1412, fn. 3.) Plaintiff alleges that defendant's employee/agent acted with an intent to harm plaintiff when he reached for his service weapon, positioned himself to shoot plaintiff, and then disclosed that defendant has a policy to shoot African Ame...
2021.09.24 Motion to Require Filing of Amendment to FAC 483
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.24
Excerpt: ...filing of amendment to first‐amended cross‐complaint [FACC] of defendants/cross‐ complainants Olivier Auffret and Virginie LeClair" is denied. On May 7, 2021, summary judgment was granted on the FACC on statute‐of‐limitations grounds. It is argued that the court has "inherent authority" to "reconsider that order of summary judgment," but the time for reconsideration has long passed. (CCP 1008.) In any event, reconsideration would not ch...
2021.09.24 Motion to Enforce Liability on Bond Fee 368
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.24
Excerpt: ...ants Pamela Whitehead and Melinda Nykamp's motion to enforce liability on bond is granted. Plaintiff Irving Zaretsky, as principal, and the Philadelphia Indemnity Company, as surety, are jointly and severally liable on bond number PB11753400411 in the amount of $250,000 to Ms. Whitehead and Ms. Nykamp. The statement of decision and judgment issued by Judge Bolanos show beyond dispute that I erred in issuing a preliminary injunction in 2016 constr...
2021.09.22 Motion to Set Aside Default, Judgment, for Leave to Defend 963
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.22
Excerpt: ...s granted. Defendant shows that the default was taken through inadvertence or excusable neglect by his counsel, who had scheduling issues due to her family staying longer over the Memorial Day weekend than expected. (Sakai Decl., par. 10.) Plaintiff fails to show any prejudice that would result from setting aside the default. "[T]he Supreme Court has recognized that if a defendant promptly seeks relief . . . and there is no showing of prejudice, ...
2021.09.20 Motion for Hearing on Writ of Mandamus 338
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.20
Excerpt: ...corporate books and records "upon the written demand on the corporation of any shareholder." Section 185 defines "shareholder" as "one who is a holder of record of shares." (Corp. Code Section 185.) On July 10, 2020, Respondent Traction Corporation's shareholders unanimously approved a reverse stock split, which liquidated Petitioner's interest in Traction Corporation. This vote satisfied the notice requirements of Corporations Code section 601 a...
2021.09.20 OSC Re Contempt 080
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.20
Excerpt: ... a motion for reconsideration of the Court's July 12, 2021 anti‐SLAPP ruling, in a hearing on that motion, and in briefs filed in purported support of plaintiffs' motion to tax costs, in opposition to defendants' motion for an award of attorneys' fees, and in opposition to the Kern Segal Defendants' anti‐SLAPP motion and demurrer, Attorney Ison made numerous statements that are "contemptuous on [their] face." (In re Buckley (1973) 10 Cal.3d 2...
2021.09.20 Motion for Leave to Amend Complaint 550
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.20
Excerpt: ...dant sufficient time to file a motion for summary adjudication of the claim for punitive damages. The court believes that the stated condition is appropriate to avoid prejudice to defendant in light of the approaching November 15, 2021 trial date, particularly in light of plaintiff's lack of diligence in conducting discovery and delay in seeking leave to amend since discovering the alleged factual basis for the claim in April 2021. The Court decl...
2021.09.20 Motion to Compel Provision of Privilege Log and Billing Invoices 193
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.20
Excerpt: ...rt and recommendation of the judge pro tem is adopted. Plaintiffs' motion to compel defendants to produce all billing invoices sent to Andy Li, Sunrock Capital LLC, and Li's Capital LLC and to provide a privilege log for any billing invoices withheld on privilege or work‐product grounds is granted in part and denied in part. In its April 22, 2021 order, the Court denied Plaintiffs' motion to compel production of documents, "other than as to RFP...
2021.09.17 Motion to Dismiss for Lack of Proper Forum, Demurrer 702
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.17
Excerpt: ...ely "on the grounds that a valid and enforceable contractual forum selection clause is applicable." (Not. 2:7-10; CCP 1010.) Defendants rely on a forum selection clause in a confidentiality agreement - one of at least three contracts the parties entered. (Memo. 2:21-3:17.) However, plaintiff asserts - and review of its complaint confirms - that it is not suing under the confidentiality agreement. (Id. at 11:1-12:13, 18:20-21.) Hence, the forum se...
2021.09.17 Motion for Summary Judgment, Adjudication 772
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.17
Excerpt: ...eparate private right of action under Commercial Code sec. 9406 and plaintiff's rights are derived from obtaining an enforceable assignment. (See Forest Capital, LLC v. BlackRock, Inc., 658 Fed. Appx. 675 (4th Cir. 2016); Ta Chong Bank Ltd. v. Hitachi High Technologies America, Inc., 610 F.3d 1063, 1069 (9th Cir. 2010) ["Section 9406(a) does not impose liability distinct from the assigned accounts receivable. It merely states, in pertinent part, ...
2021.09.17 Motion for Summary Judgment, Adjudication 659
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.17
Excerpt: ...ty indicates that there is no separate private right of action under Commercial Code sec. 9406 and plaintiff's rights are derived from obtaining an enforceable assignment. (See Forest Capital, LLC v. BlackRock, Inc., 658 Fed. Appx. 675 (4th Cir. 2016); Ta Chong Bank Ltd. v. Hitachi High Technologies America, Inc., 610 F.3d 1063, 1069 (9th Cir. 2010) ["Section 9406(a) does not impose liability distinct from the assigned accounts receivable. It mer...
2021.09.17 Motion for Summary Judgment, Adjudication 217
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.17
Excerpt: ...hat there is no separate private right of action under Commercial Code sec. 9406 and plaintiff's rights are derived from obtaining an enforceable assignment. (See Forest Capital, LLC v. BlackRock, Inc., 658 Fed. Appx. 675 (4th Cir. 2016); Ta Chong Bank Ltd. v. Hitachi High Technologies America, Inc., 610 F.3d 1063, 1069 (9th Cir. 2010) ["Section 9406(a) does not impose liability distinct from the assigned accounts receivable. It merely states, in...
2021.09.17 Motion for Summary Judgment, Adjudication 048
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.17
Excerpt: ...an, Melbostad, Harris & McSparran's (collectively "Goldstein") summary judgment motion on the cross-complaint is denied. Their alternative summary adjudication motion is granted in part and denied in part. Cross-complainants Ellen and Michael Williams ("the Williamses") concede summary adjudication of their second, third and fourth causes of action, so it is granted. (Opp. 2:15-17, 5:21-24.) Summary adjudication on the Williamses first cause of a...
2021.09.16 Demurrer, Motion to Strike 264
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.16
Excerpt: ...(CCP Sec. 435.5(a).) The Kline declaration fails to indicate compliance with the statute. Rather, it appears only that e-mails and written correspondences were exchanged. Second, cross-complainant's counsel declares that Uber's counsel has raised new issues in this motion that the parties never previously examined, which is contrary to CCP Sec. 435.5(a)(1) ["As part of the meet and confer process, the moving party shall identify all of the specif...
2021.09.15 Demurrer to Petition for Writ of Mandate 466
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.15
Excerpt: ...writ of mandate is overruled except as to the cause of action for declaratory relief, as to which it is sustained without leave to amend as unopposed. Respondent's res judicata and collateral estoppel claims fail because the prior action, in which Petitioner was named as a real party in interest and in which it participated in briefing and argument, is pending on appeal. (Sutter's Place, Inc. v. California Gambling Control Commission (S.F. Super....
2021.09.13 OSC Re Compliance with Investigational Subpoenas 493
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.13
Excerpt: ...ard's review of the medical records in question is "justified by the state's dual interest in protecting the public from the unlawful use and diversion of a particularly dangerous class of prescription drugs and protecting patients from negligent or incompetent physicians." (Lewis v. Superior Court (2017) 3 Cal.5th 561, 572.) Petitioner has shown good cause for judicial enforcement of the subpoenas. (Karpenko Decl. 4, 14‐19; see Grafilo v. Soor...
2021.09.13 Demurrer 999
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.13
Excerpt: .... Sec. 1005(b); Cal. R. Ct. 3.1300(d).) In any event, plaintiff has already brought this case and lost it. As she concedes, her claims against the conservator have been the subject of extensive litigation in conservatorship proceedings including a trial, and are now pending on appeal. (See Def. RJN, Ex. C (Oct. 27, 2020 memorandum order, order approving acts of conservator, and order denying petition to limit authority of conservator); Ex. G (Jan...

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