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3116 Results
2025.02.13 Motion to Compel Compliance with Deposition and Doc Subpoena, for Contempt and Monetary Sanctions 554
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.13
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.13
Excerpt: ...t For Contempt And Monetary Sanctions. Defendant Senior Healthcare Advisors' motion to compel third party Five9 to appear for deposition is granted and its request for monetary sanctions is denied. Five9 must appear for deposition on a mutually agreeable date no later than March 7, 2025 and produce all non -privileged documents requested. In the event Five9 contends that any requested documents are privileged, Five9 must idenity all such document...
2025.02.13 Motion for Entry of Stipulated Consent Judgment 663
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.13
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.13
Excerpt: ...9.7, subdivision (f)(4) provides: "If there is a settlement of an action brought by a person in the public interest under subdivision (d), the plaintiff shall submit the settlement, other than a voluntary dismissal in which no consideration is received from the defendant, to the court for approval upon noticed motion, and the court may approve the settlement only if the court makes all of the following findings: (A) The warning that is required b...
2025.02.13 Demurrer 461
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.13
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.13
Excerpt: ... breach of contract because the complaint stated the loan contracts were oral and memorialized in emails) constitutes a new circumstance under CCP 1008(b). (MPA 3:13 -15.) Defendant now renews his demurrer on the grounds that the first cause of action for breach of contract does not contain the terms of the written contract set out verbatim in the body of the complaint, nor contain a copy of a written contract attached and incorporated by referen...
2025.02.13 Demurrer 358
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.13
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.13
Excerpt: ...laint no later than March 7, 2025. The court construes Ms. Martell's opposition papers as requesting an opportunity to file an amended complaint to allege additional facts and possibly new claims. In keeping with California's strong public policy favoring liberal granting of amendments to pleadings, Ms. Martell is granted leave to file a second amended complaint. If Ms. Martell does not file a second amended complaint by March 7, 2025, demurring ...
2025.02.11 Motion to Require Furnishing of Security 899
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.11
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.11
Excerpt: ...n Of Defendants City And County Of San Francisco And Carla Short To Require Plaintiff To Furnish Security Pursuant To C.C.P. Section 391.1 In The Amount Of $50,000 The unopposed motion of City & County of San Francisco and defendant Carla Short (collectively City) for an order requiring vexatious litigant Raymond V. DiGiacomo to furnish security pursuant to CCP 391.1 is denied without prejudice. The City contends that there is no need for it to p...
2025.02.11 Motion for Summary Judgment, Adjudication 075
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2025.02.11
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2025.02.11
Excerpt: ...ters Point Shipyard and Mare Island Naval Shipyard between 1961 -1976, was exposed to asbestos containing replacement gaskets, Cranite and Goodyearite, manufactured by Defendant Goodyear Tire & Rubber Company ("Defendant.") Defendant seeks summary adjudication as to Plaintiffs' Third Cause of Action for Negligent Misrepresentation, Fourth Cause of Action for Fraud by Nondisclosure, and claim for punitive damages. A defendant seeking summary judgm...
2025.02.11 Motion for Judgment on the Pleadings 339
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.11
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.11
Excerpt: ...ions orders that provide the basis for Lei and Fu's complaint are already judgments. He argues that the Execution of Judgment Laws (EJL, codified at CCP 680.010 et seq.), provide the exclusive procedure for a party to renew a judgment. Yan argues that certain limits on the ability to renew a judgment -such as time requirements, and the fact that some judgments can be renewed only once -would be circumvented if Lei and Fu could roll all of the san...
2025.02.11 Motion for Change of Venue 421
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.11
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.11
Excerpt: ...must transfer the action to Sonoma County per CCP 396(b). Venue here is proper because plaintiff Maria Varela allegedly entered her employment contract in San Francisco and experienced labor violations here as well. (Varela decl. para. 7; Govt. Code 12965(c)(3) ["A [FEHA] action may be brought in any county in the state in which the unlawful practice is alleged to have been committed"].) Second, Osterhout has not shown a discretionary transfer is...
2025.02.10 Motion to Strike Complaint 087
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.10
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.10
Excerpt: .... Code 436.) A Motion to Strike is the proper procedure for testing the adequacy of a punitive damages allegation because punitive damages are not a cause of action. (Grieves v. Superior Ct. (1984) 157 Cal.App.3d 159, 164.) Punitive Damages are recoverable where the defendant has been guilty of oppression, fraud, or malice, express or implied. (Civ. Code 3294.) The Complaint alleges facts sufficient to state a claim for punitive damages. (See Cmp...
2025.02.10 Motion to Compel Further Responses 299
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.10
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.10
Excerpt: ...ably calculated to lead to the discovery of admissible evidence in this action alleging, inter alia, product liability. (CCP Section 2017.010.) Plaintiff has shown that Defendant Unagi Inc.'s responses are incomplete. Specifically, in its responses, Unagi contended it had insufficient information to respond. In its opposing separate statement, Unagi has set forth additional unverified factual information about the scope of its search for informat...
2025.02.07 Motion for Protective Order and Discovery Stay 027
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.07
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.07
Excerpt: ...tive order must show good cause for issuance of the order by a preponderance of evidence. (Stadish v. Sup.Ct. (Southern Calif. Gas Co.) (1999) 71 CA4th 1130, 1145.) Defendants argue that the propounded discovery calls for production of broad categories of Defendants' and unnamed third parties' personal, corporate, financial, commercial, contractual, and business records that are irrelevant, and notes privacy and other rights are implicated. (Mot....
2025.02.07 Motion to Approve Proposition 65 Settlement and Consent Judgment 265
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.07
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.07
Excerpt: ... Code section 25249.7, subdivision (f)(4) provides: "If there is a settlement of an action brought by a person in the public interest under subdivision (d), the plaintiff shall submit the settlement, other than a voluntary dismissal in which no consideration is received from the defendant, to the court for approval upon noticed motion, and the court may approve the settlement only if the court makes all of the following findings: (A) The warning ...
2025.02.07 Motion to Seal MSJ Opposition Materials 131
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.07
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.07
Excerpt: ...verriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest." (Rule of Court 2.550(d).) Defendant fails to make that showing. Defendant argue...
2025.02.06 Motion to Strike, Demurrer 219
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.06
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.06
Excerpt: ...icient particularity. "A defendant cannot be presumed to be aware of the special damage resulting from his act, and therefore, in order to prevent a surprise on him, this sort of damage must be specially set forth in the complaint, or the plaintiff will not be permitted to give evidence of it. And an allegation that by reason of the breaches of contract the party has suffered special damages in a named sum, is not enough. The facts as to special ...
2025.02.06 Motion to Compel Further Responses 577
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.06
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.06
Excerpt: ...y Calendar for Thursday, February 6, 2025, line 1 DEFENDANT PACIFIC NEUROPHYSIOLOGICAL SYSTEMS LLC Notice Of Motion And Motion To Compel Further Responses To Defendant?S Supplemental Form Interrogatories General, Set One, Supplemental Form Interrogatories Employment, Set One, Supplemental Requests For Production Of Documents, Sets One And Two, Special Interrogatories, Set One, Requests For Production Of Documents, Set Three Defendant Pacific Neur...
2025.02.05 Motion to Set Aside Writ of Attachment 167
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.05
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.05
Excerpt: ...ntative ruling part 1 of 2 ) Defendant SVES GO, LLC's motion to set aside the order for writ of attachment (entered on August 14, 2024) per CCP section 485.240 is denied. "[A]lthough in a motion under section 485.240 the defendant is the moving party, the plaintiff nevertheless continues to have the burden of proving (1) that his claim is one upon which an attachment may be issued and (2) the probable validity of such claim, the same burden he mu...
2025.02.05 Motion to Confirm Arbitration Award 835
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.05
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.05
Excerpt: ...d on the award. A party may seek a court judgment confirming an arbitration or appraisal award by filing and serving a petition at least 10 days, but no more than four years after the award is served. (CCP, 1288 and 1288.4) The court must confirm the award as made, unless it corrects or vacates the award, or dismisses the proceeding. (Id. 1286.) If the award is confirmed, an enforceable judgment is entered with the same force and effect as a judg...
2025.02.04 Motion to Quash Service of Summons or Stay or Dismiss 251
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.04
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.04
Excerpt: ... at 9:00 a.m. in Dept. 301. The parties are ordered to complete further briefing as discussed bel ow. This case arises from a construction dispute that involves waterproofing issues. Plaintiffs knew that Rollamatic designed, constructed, and installed a skylight in the property. They commenced litigation against other entities involved in the construction in October 2022 but did not sue Rollamatic. Plaintiffs' evidence establishes that they becam...
2025.02.04 Motion for Trial Preference 257
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2025.02.04
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2025.02.04
Excerpt: ...laintiff provided clear and convincing medical documentation from Dr. Ripley and Dr. Doyle that Mr. Darro suffers from incurable malignant pleural mesothelioma, raising substantial medical doubt of his survival beyond six months. The court further finds that Mr. Darro's health is such that the interests of justice will be served by granting this preference. Defendants' oppositions and conditional demands are meritless. Defendants in their opposit...
2025.02.04 Demurrer 561
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.04
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.04
Excerpt: ... to touch him in a harmful or offensive manner, and it appeared to Plaintiff that Defendant was about to carry out that threat. (CACI No. 1301.) Words alone do not amount to an assault. (Id.) Plaintiff must allege that in addition to Defendant intending to cause a harmful or offensive contact, or an imminent apprehension thereof, that Plaintiff was put in imminent apprehension of such harmful or offensive contact. See Lowry v. Standard Oil Co. (1...
2025.02.03 Motion to Vacate Judgment from Arbitration Award 443
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.03
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.03
Excerpt: ...rd because plaintiff missed the mandatory deadline to seek that relief and confirmed the award in defendant's favor. After the award was confirmed, entry of judgment was a ministerial act. (CCP 1287.4; Caro v. Smith (1997) 59 Cal.App.4th 725, 737.) While entitled a motion to vacate judgment, this motion really seeks to vacate the underlying arbitration award. (See Plaintiff's Motion to Vacate Judgment, 16:14 ["Plaintiff respectfully requests the ...
2025.02.03 Motion to Require Vexatious Litigant to Furnish Security 935
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.03
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.03
Excerpt: ...litigant DiGiacomo to furnish a security is granted. Plaintiff DiGiacomo was declared a vexatious litigant on June 9, 2023. (Shryne Group Index of Exhibits, Ex. B.) Pursuant to CCP 391.1, defendant seeks to have plaintiff post a $15,000 security because "there is not a reasonable probability that [plaintiff] will prevail in the litigation against the moving defendant." (CCP 391.1(a).) The court must weigh the evidence to decide whether plaintiff ...
2025.02.03 Motion to Compel Responses, for Sanctions 133
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.03
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.03
Excerpt: ...ctions Pursuant To Cal. Code Civ. Proc. Section 2023.030 (tentative ruling part 1, see part 2) Defenda nt Ix Layer Inc.'s (IXL) motion to compel responses and sanctions is denied. IXL's opening papers sought written discovery responses from the plaintiff, Pensare LLC (responses to RFPs, form interrogatories, special interrogatories, and requests for admissions) along with sanctions for the fees IXL incurred. IXL's reply papers acknowledge that Pe...
2025.02.03 Motion to Compel Production of Docs, for Sanctions 221
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.03
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.02.03
Excerpt: ...d For Sanctions The court grants the motion to compel further RFA responses, denies the motion to deem RFAs admitted, and grants sanctions. The requests at issue are reasonably calculated to lead to the discovery of admissible evidence. (CCP Section 2017.010.) Trilobio has shown Gandall's responses are incomplete. Gandall has not demonstrated that any objection has merit. The court orders Gandall to provide further responses to RFAs set 1, Nos. 1...
2025.01.31 Motion to Compel Further Responses 651
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.01.31
Location: San Francisco
Judge: Department 301/302
Hearing Date: 2025.01.31
Excerpt: ... Inc.'s motion to compel further responses to Post -Judgment Discovery, Requests for Production of Documents, Set 1 is GRANTED. The requests at issue are reasonably calculated to lead to the discovery of admissible evidence. (CCP Section 2017.010.) Mydatt has shown Plaintiff Raymond DiGiacomo's responses are incomplete. In these responses, DiGiacomo merely provides his objections and states he will nonetheless "comply with the demand" by listing ...