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1365 Results

Location: San Francisco x
2019.4.9 Motion to Set Aside Default, Judgment 656
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.4.9
Excerpt: ... 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." (Code Civ. Proc. § 473(b).) Code of Civil Procedure section 473(b) is liberally construed to prevent injustice and allow cases to be decided on their merits. (Frank E. Beckett Co. v. Bobbit (1960)...
2019.4.9 Demurrer 484
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.4.9
Excerpt: ...stained with 20 days leave to amend as to the second cause of action for intentional misrepresentation, and sustained without leave to amend as to the third and fourth causes of action for negligent misrepresentation and for preliminary and permanent injunction. Plaintiff has sufficiently alleged a cause of action for breach of contract because plaintiff's interpretation of the two prohibitions in para. 4, read in conjunction with para. 5 of ...
2019.4.9 Motion to Compel Acknowledgement of Satisfaction of Judgment 904
Location: San Francisco
Judge: Department 302
Hearing Date: 2019.4.9
Excerpt: ...erve Acknowledgment Of Satisfaction Of Judgment Judgment Debtors' Archipelago Lighting, Inc., DM Lighting Technologies, Inc., Archipelago Lighting Tec, Inc., and Victor Deng's motion to compel judgment creditor to file and serve on judgment debtors' counsel an acknowledgement of satisfaction of judgment, or, in the alternative, for an order directing the clerk of this court to enter satisfaction of the judgment and for penalties and a...
2018.3.8 Demurrer 674
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.3.8
Excerpt: ...eates a fiduciary relationship. Mr. O'Rourke sufficiently alleges that he had an attorney client relationship with Mr. Cohen and those allegations, which must be accepted as true on this demurrer, support the fifth cause of action for breach of fiduciary duty. Mr. Cohen's arguments that he merely acted for the LLC and that he was only a scrivener are factual issues that are not amenable to resolution on a demurrer. The sixth and eighth ca...
2018.3.7 Motion to Set Aside Default, Judgment 768
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.3.7
Excerpt: ... default of May 30, 2017 and the default judgment of July 5, 2017 is granted. Based on Mr. Muhamadiev's statements and presentation in the courtroom on March 1, 2018, the court is persuaded that Mr. Muhamadiev was unaware that he was required to file a response to the complaint by May 25, 2017 and he did not realize that a default and default judgment had been entered against him until he recently learned that his driver's license was sus...
2018.3.7 Petition to Compel Arbitration, Request to Dismiss or Stay Proceedings 335
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.3.7
Excerpt: ...rbitration is granted and this case is stayed pending the conclusion of arbitration proceedings on the claims alleged by plaintiff Daniel Pulido. The incorporation of the AAA Commercial Rules does not constitute clear and unmistakable evidence of an intent to delegate arbitrability to the arbitrator. Notwithstanding federal authority to the contrary, the court chooses to adhere to the well‐reasoned and persuasive dicta in Ajamian v. CantorCO2e,...
2018.3.6 Demurrer 473
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.3.6
Excerpt: ... rarely possible to plead the exact words. (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) The allegations are sufficient to put Farias on notice of the issues to be admitted or denied. Second (Conversion) SUSTAINED WITH LEAVE TO AMEND: "Money cannot be the subject of a cause of action for conversion unless there is a specific, identifiable sum involved." (McKell v. Washington Mut., Inc. (2006) 142 Cal.App.4th 1...
2018.3.6 Demurrer 180
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.3.6
Excerpt: ...of action three, seven and eight are effectively based on a theory that attorney Bagchi conspired with defendant Allis; thus, prior court approval is required under Civil Code 1714.10. The exception in 1714.10(c) does not apply, as the complaint (16:13‐14) pleads that "Bagchi was representing the partnership," and no "independent legal duty to the plaintiff" is pled. Hence, this third demurrer is SUSTAINED WITH LEAVE TO AMEND. A...
2018.3.5 Motion to Compel Production of Docs 367
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.3.5
Excerpt: ...ear 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 or consent to sign given by email. If no...
2018.3.5 Demurrer, Motion to Strike 029
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.3.5
Excerpt: ... cause of action is SUSTAINED WITH LEAVE TO AMEND. The complaint adequately pleads its breach of contract claims. However, its fraud allegations are conclusory and not pled with the required heightened specificity. PS Services has leave to amend to allege specific facts to show how, when, where, to whom, and by what means the misrepresentations were allegedly made by RingCentral. Any party who contests a tentative ruling must send an email to con...
2018.3.2 Motion to Terminate Sanctions, for Additional Monetary Sanctions 409
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.3.2
Excerpt: ...arch 2, 2018, Line 3, PLAINTIFF SEAN DEVRIES, ZEREMY UPTEGROVE'S Motion For 1 Order Imposing Terminating Or Issue Or Evidence Sanctions Against Defendant Sean Killen And His Attorney Na Il Benjamin For Failure To Obey Order Compelling Response To Demand For Production Of Documents And For Failure To Pay Monetary Sanction 2 Order Imposing Additional Monetary Sanctions (Defendant Killen). 1 - Notice Of Motion And Motion For 1 Order Imposing Ter...
2018.3.2 Motion for Summary Judgment, Adjudication 309
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.3.2
Excerpt: ...ed Case) Kph Management Llc, Engage Hospitality Llc, Agpme Tenant Llc, Engage Hospitality Llc, Mangal, Inc., Lombard Hospitality Llc, Engage With Sf Hospitality Llc'S Motion For Summary Judgment Or, In The Alternative, Summary Adjudication. (Part 1 of 2) The hearing will be held at 1:30pm with Judge Kahn in Dept 302. Plaintiffs' motion for summary judgment or, in the alternative, summary adjudication is denied in its entirety. As to the f...
2018.3.1 Motion for Protective Order, Request for Sanctions 705
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.3.1
Excerpt: ...en 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 or consent to sign given...
2018.3.1 Motion for Judgment on the Pleadings 614
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.3.1
Excerpt: ...39;s Motion For Judgment On The Pleadings. Plaintiffs' motion for judgment on the pleadings is denied. The motion is not a proper motion for judgment on the pleadings. To the extent the motion seeks a ruling on the permissible scope of discovery, plaintiffs should file a motion for protective order or assert objections to discovery served on them. In either event, it is not possible to intelligently resolve such a motion outside the context o...
2018.3.1 Motion for Leave to Conduct Discovery 765
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.3.1
Excerpt: ... Code Civ. Proc. 425.16(G) ("Anti‐Slapp"). Plaintiff Kazuko Artus' motion for leave to conduct specified discovery pending defendant Gramercy Towers Condominium Association's anti‐SLAPP motion to strike is denied. Dr. Artus fails to show she needs any of the discovery she wishes to propound to enable her to defeat GTCA's anti‐SLAPP motion. Moreover, Dr. Artus provides no explanation why the motion was not filed earlier. ...
2018.3.1 Motion to Set Aside Default, Judgment 768
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.3.1
Excerpt: ...uhamadiev has failed to provide evidence establishing his entitlement to set aside the default of default judgment entered against him. The May 5, 2017 order states that Mr. Muhamadiev had until May 25, 2107 to file a response to the complaint. He didn't do so and plaintiff State Farm Mutual Automobile Insurance Company obtained entry of default and default judgment against him. Mr. Muhamadiev did not file his motion until more than six month...
2018.3.1 Motion for Summary Judgment 391
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.3.1
Excerpt: ...etion and the approval was reasonable. The declaration of the plaintiffs' expert contradicting the reasonableness of the approval is insufficient to defeat immunity. Plaintiffs failed to identify any change in physical conditions of the property after the design approval and before the incident. The trap exception of Government Code 830.8 does not defeat the design immunity of Government Code 830.6. Fairly read and as explained by later autho...
2018.3.1 Motion for Summary Judgment, Adjudication 309
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.3.1
Excerpt: ... JUDGMENT Or, In The Alternative, Summary Adjudication. (Part 1 of 2) If the tentative ruling is contested, the hearing will be at 1:30pm, not 9:30am unless counsel for either side is unable to appear at 1:30pm. Plaintiffs' motion for summary judgment or, in the alternative, summary adjudication is denied in its entirety. As to the first issue, the City's prior demurrer arguments are not judicial admissions precluding the City from seekin...
2018.3.1 Motion to Amend Complaint 661
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.3.1
Excerpt: ...e a summary judgment or summary adjudication motion as to defendant Richard Villaroman. Plaintiffs have shown good cause for the changes they seek to make to their complaint and giving them leave to make those changes comports with California's policy of liberally allowing amendments to pleadings at any time. Mr. Villaroman's arguments that plaintiffs knew about any claims they had against Ms. Stone when they filed their complaint is, in ...
2018.3.1 Motion to Compel Arbitration 312
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.3.1
Excerpt: ...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. The subject line of the email shall include the line number, case name and case number. Counsel for defendants is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must bring it to the hearing or email it to contestdept302...
2018.2.28 Motion to Quash Subpoenas 387
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.2.28
Excerpt: ...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 or consent to sign given by email. If not all parties to the motion sign the stipu...
2018.2.28 Motion for Summary Judgment, Adjudication 057
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.2.28
Excerpt: ...ndant Jean Lee's motion for summary judgment is granted. There is a triable dispute whether Mr. Lee's conduct was privileged and bars the four causes of action for slander, libel, intentional infliction of emotional distress, and negligence alleged against him. Assuming that Mr. Lee and the recipients of the publications had a common interest regarding safety at the premises, there are triable issues whether the publications were motivate...
2018.2.27 Motion for Sanctions, for Protective Order 368
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.2.27
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...
2018.2.27 Motion for Protective Order 639
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.2.27
Excerpt: ...o 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 or consent to sign given by email. If...
2018.2.27 Motion for Attorney Fees 985
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.2.27
Excerpt: ... given leave to file an updated motion that clarifies exactly what fees they are seeking. The new motion should include a table that breaks down the fees by task (e.g. bankruptcy appellate work). The Sangers shall calendar the motion on any day of the week except for Friday. No appearances are necessary and oral argument will not be entertained. =(302/HK) ...

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