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1518 Results

Location: San Francisco x
2020.03.23 TRO, OSC Re Preliminary Injunction 885
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.03.23
Excerpt: ... OSC re preliminary injunction is granted. Raj Abhyanker, Trustee of the Raj and Sonal Abhyanker Family Trust, and counsel for plaintiffs through his law firm, LegalForce RABC, and his or its trustees, agents, employees and those persons or entities in active concert or participation with any of them are restrained and enjoined from disclosing on your personal internet blog or by any other means to any third‐party the confidential documents or ...
2020.03.23 Motion to Strike Amended Complaint 311
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.03.23
Excerpt: ... not show that Plaintiff's allegations fail to rise to the requisite level of fraud, malice, or oppression. "[W]rongful termination, without more, will not sustain a finding of malice or oppression." (Scott v. Phoenix Sch., Inc. (2009) 175 Cal.App.4th 702, 717 [holding punitive damages are not allowed where the "only evidence of wrongful conduct directed toward [the employee] was her termination for an improper reason."].) Here, however, Plaintif...
2020.03.23 Motion for Summary Adjudication 217
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.03.23
Excerpt: ...e of material fact regarding what services the assignor (Galca/TSPS) provided to defendant and what sum is owed. Plaintiff as assignee alleges that assignor placed temporary employees with defendant and seeks to collect $163,485.17 plus pre‐judgment interest for services rendered. (Complaint, par. 9.) Mr. Deluca of plaintiff assignee declares that assignor provided "personnel services" to defendant. (Deluca Dec., par. 16.) Defendant presents ev...
2020.03.23 Demurrer 765
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.03.23
Excerpt: ...tual provision permitting the recovery of attorneys' fees. (Cross‐Compl., Ex. A.) "Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties?" (Code Civ. Proc. § 1021.) Without an attorney's fees clause in the Release, the parties are not entitled to recover attorneys' fees and costs as damages. (Navell...
2020.03.23 Application for Determination of Good Faith Settlement 287
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.03.23
Excerpt: ...t; Memorandum Of Points And Authorities Plaintiffs' application for determination of good faith settlement is granted. Plaintiffs show that defendants Monique Smith and Lynnique Smith have tendered $15,000, the limits of their available liability insurance coverage, and their declarations show that they have very modest assets. (Lynnique Smith Decl. 1, 4; Monique C. Morris-Smith Decl. 1, 6; see Dole Food Co., Inc. v. Superior Court (2015) 242 Cal...
2020.03.19 Motion to Strike 726
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.03.19
Excerpt: ...st set forth the elements stated in the general punitive damage statute, Civil Code section 3294, including allegations that the defendant has been guilty of oppression, fraud, or malice. (Civ. Code § 3294(a).) "Malice" is defined as conduct "intended by the defendant to cause injury to plaintiff, or despicable conduct that is carried on by the defendant with a willful and conscious disregard for the rights or safety of others." (Civ. Code § 32...
2020.03.19 Motion to Quash Deposition Subpoena, Request for Monetary Sanctions 175
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.03.19
Excerpt: ...ho 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 Court Judge. If a ...
2020.03.19 Motion to Compel Second Depositions 982
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.03.19
Excerpt: ...fornia 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 ...
2020.03.19 Motion for Contempt and Imposition of All Appropriate Sanctions 705
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.03.19
Excerpt: ... And Cross Complainants LIBERTY MUTUAL INSURANCE COMPANY, and THE OHIO CASUALTY INSURANCE COMPANY's Motion For An Order Of Contempt And Imposition Of All Appropriate Sanctions Against Subpoenaed Nonparty Law Firms Re Failure To Comply With December 23, 2019 Order Defendant and Cross‐ Complainant The Ohio Casualty Company's motion for an order of contempt and imposition of all appropriate sanctions against subpoenaed nonparty law firms re failur...
2020.03.17 Motion for Attorneys' Fees 528
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.03.17
Excerpt: ... 2018) 2018 WL 2298431 at *8 [declining to award multiplier in Song-Beverly Act case where, among other things, case did not present novel or difficult questions of law or fact, there was no evidence that the nature of the litigation precluded other employment by the attorneys, and the contingent nature of the fee award was outweighed by the other factors]; Steel v. GMC (D.N.J. 1995) 912 F.Supp. 724, 746 ["the issues in lemon law litigation are n...
2020.03.16 Demurrer 415
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.03.16
Excerpt: ...ach of contract claim. In a 'mixed' action, in which some of the claims are at least potentially covered and the others are not, the insurer has a duty to defend as to the claims that are at least potentially covered?." (Buss v. Sup. Ct. (1997) 16 Cal.4th 35, 47.) It is not clear from the face of the complaint that none of the claims in the underlying action were covered by the insurance policies, and thus the cause of action is not susceptible t...
2020.03.16 Motion to Quash Deposition Subpoenas 038
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.03.16
Excerpt: ...intiffs Employment Records; Request For Sanctions Against Defendant And Its Attorneys Of Record In The Amount Of 2750.00; Memorandum Of Points And Authorities; Declaration Of John A. Kawai Pro Tem Judge Scott Borrowman, 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 ...
2020.03.16 Petition for Writ of Mandate 591
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.03.16
Excerpt: ...redential to act as a substitute teacher. EA's statements are admissible as a statement against interest because she was unavailable (EA asserted her Fifth Amendment privilege and refused to testify (RT 42:8-9)) and the statements opened her up to ridicule and public disgrace. (Evid. Code § 1230; see also RT 25:6-14 [Dr. Thompson's testimony regarding EA's statements].) Respondent found that EA, an uncredentialed person, worked 27 days at six di...
2020.03.13 Motion to Compel Further Responses 544
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.03.13
Excerpt: ...ary Sanctions The Pro Tem Judge has issued the following tentative ruling: Special Interrogatories #1‐4: Granted. All objections are overruled. Defendant to serve verified answers no later than March 27, 2020. Special Interrogatories #5: All objections are overruled. Current and former employees of defendant are potential percipient witnesses and their identities and locations are discoverable under CCP §2017.010. However, Plaintiff has agreed...
2020.03.13 Motion for Summary Judgment 729
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.03.13
Excerpt: ...ier of fact could conclude that the parties orally agreed to the sale of stock on August 5, 2017. Jose Suarez so asserts. (Suarez Dec. 17; Kneafsey Dec. Ex. 32 (Suarez Dep. 102, 134).) And O'Brien sent August 5 and 17 e‐ mails stating that the parties "agreed" to the contract. (Id. at Exs. 19, 21.) O'Brien fails to show that the August 19, 2017 letter modified or superseded the oral agreement. (Fibreboard Paper Products Corp. v East Bay Union o...
2020.03.13 Demurrer 017
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.03.13
Excerpt: ...latto pleads that she and Betabrand were "fiduciaries" because they "were in a joint venture." (FAC 19:18‐19.) However, as Betabrand notes, and Flatto concedes, an essential element of a joint venture is that the venturers share losses, and Flatto does not so plead. (Memo. 4:9‐ 14, citing Cislaw v. Southland Corp. (1992) 4 Cal.App.4th 1284, 1297; Opp. 9:8‐14, citing CACI 3712.) Based on her repeated failures to plead a fiduciary duty cause ...
2020.03.12 Motion to Quash Service of Summons or to Stay or Dismiss 560
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.03.12
Excerpt: ...ies, Inc. ("TCI")'s motion to quash for lack of personal jurisdiction is granted. "When a nonresident defendant challenges personal jurisdiction, the plaintiff must prove, by a preponderance of the evidence, the factual basis justifying the exercise of jurisdiction . . . The plaintiff must do more than merely allege jurisdictional facts; plaintiff must provide affidavits and other authenticated documents demonstrating competent evidence of jurisd...
2020.03.12 Motion to Quash Service of Summons and to Dismiss 104
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.03.12
Excerpt: ...miss Action Against Washington Street Homeowners Association For Failure To Timely Serve It Within (3) Years (Tentative Ruling 1 of 2) Specially appearing defendants' motion to quash service of summons and to dismiss action against Washington Street Homeowners Association is granted. The summons served on Leslie Zimmerman, Daniel Mulderry, and Mark A. Hagopian purported to serve those persons as individuals, yet they are not named as defendants, ...
2020.03.12 Motion to Compel Arbitration and Stay Action 304
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.03.12
Excerpt: ...s motion to compel arbitration and to stay the action is granted. The FAA applies to the parties' arbitration agreements. Page two of each arbitration agreement states "The arbitration provisions of this Agreement shall be governed by the Federal Arbitration Act." (Salazar Decl., Exs. A, B, & D.) Plaintiffs' UCL claim is arbitrable as it seeks private, not public, relief. The complaint alleges acts of unfair competition against plaintiffs alone. ...
2020.03.12 Motion for Protective Order, for Appointment of Discovery Referee, for Monetary Sanctions 071
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.03.12
Excerpt: ...IAU, ANTHONY AMBURN's Motion For Protective Order And For Appointment Of Discovery Referee And Request For Monetary Sanctions Against Plaintiff Jonathan Korzekwa And His Counsel Joseph S. May And The Law Office Of Joseph S. May By Defendant Encore Karaoke Lounge, Llc 1. Notice Of Motion And Motion For Protective Order And For Appointment Of Discovery Referee And Request For Monetary Sanctions Against Plaintiff Jonathan Korzekwa And His Counsel Jo...
2020.03.12 Demurrer 012
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.03.12
Excerpt: ....) The court takes that allegation as true. (See CrossTalk Productions, Inc. v. Jacobson (1998) 65 Cal.App.4th 631, 635 ["A demurrer is treated as admitting all material facts properly pleaded"].) While the complaint also pleads similar allegations against the San Francisco Unified School District at 4, a plaintiff can plead alternative theories of liability. (See Adams v. Paul (1995) 11 Cal.4th 583, 593 [when a pleader is in doubt about what act...
2020.03.11 Motion to Set Aside Default, Judgment 791
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.03.11
Excerpt: ...ng On 1/31/20) Defendant Kitsia Guardado's motion to vacate the default of May 5, 2008 and default judgment of May 8, 2008 is denied. Defendant fails to maintain her burden under any of the cited bases for relief. Defendant is not entitled to relief under Code of Civil Procedure § 473.5 because the motion is untimely. Code of Civil Procedure § 473.5(a) provides: "The notice of motion shall be served and filed within a reasonable time, but in no...
2020.03.10 Motion to Quash Deposition Subpoena 803
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.03.10
Excerpt: ...en Stein, 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 decide the motion with the...
2020.03.10 Demurrer, Motion to Strike 651
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.03.10
Excerpt: ...he complaint does not allege facts sufficient to warrant the prayer. In order to state a prima facie claim for punitive damages, a complaint must set forth the elements stated in the general punitive damage statute, Civil Code section 3294, including allegations that the defendant has been guilty of oppression, fraud, or malice. (Civ. Code § 3294(a).) "Malice" is defined as conduct "intended by the defendant to cause injury to plaintiff, or desp...
2020.03.06 Motion for Entry of Judgment 050
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.03.06
Excerpt: ...s interest and to execute a deed of trust as to the property at 819 Ellis Street, and are prohibited from classifying their drivers as independent contractors. Rather than seek judgment in the form of a deed of trust on the property, plaintiff seeks judgment in the form of a court ordered sale, which goes beyond what was agreed to. "Although a judge hearing a [Code of Civil Procedure] section 664.6 motion may receive evidence, determine disputed ...

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