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2366 Results

Location: San Francisco x
2022.10.07 Motion to Strike or Tax Costs 110
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.10.07
Excerpt: ...n such an action cannot recover its costs. (See Cruz v. Fusion Buffet, Inc. (2020) 57 Cal.App.5th 221, 241‐242; Earley v. Superior Court (2000) 79 Cal.App.4th 1420, 1429.) The court rejects defendant's argument that Labor Code sec. 1194 does not apply because the court ruled that plaintiff is not an "employee." In Cruz, the court did not allow the prevailing individuals (Chen and Lin) to recover their costs under Labor Code sec. 1194 even thoug...
2022.10.07 Motion for Leave to Amend Complaint 201
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.10.07
Excerpt: ...per. Ct. (1989) 213 Cal.App.3d 1045, 1047 [discretion to permit amendments "should be exercised liberally in favor of amendments, for judicial policy favors resolution of all disputed matters in the same lawsuit."].) Plaintiff has been diligent. While plaintiff learned of Mr. Malekar's compensation in May of 2022, plaintiff has been attempting to obtain more detailed information regarding that compensation to no avail. (Roger Decl., par. 16.) The...
2022.10.06 Motion to Compel Arbitration 085
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.10.06
Excerpt: ...rbitration agreement at a healthcare facility can bind relatives who present claims arising from the patient's treatment. (Mormile v. Sinclair (1994) 21 Cal.App.4th 1508, 1511‐1516.) Here, Mrs. Covert signed an arbitration agreement which stated she "agree[d] that any and all claims and disputes arising from or related to this Agreement or to [her] residency, care or services" would be resolved by arbitration, and that "[the] arbitration clause...
2022.10.06 Motion for Summary Judgment, Adjudication 403
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.10.06
Excerpt: ...en Hall) motions for summary judgment or alternatively, summary adjudication are granted and denied as follows: Defendants Anguiano and Hall's motions for summary judgment are granted. The only claims asserted against them are the fourth cause of action of disability harassment and the fifth cause of action for age harassment. The only conduct that plaintiff cites is personnel management actions. Unlike slurs, physical threats, etc., such necessa...
2022.10.06 Demurrer 864
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.10.06
Excerpt: ... Garnier bought workers' compensation insurance through Contractors Brokerage Service, a now‐defunct corporation of which cross‐defendants were principals. (Id. at 2:3‐9, 21‐24.) The FACC further pleads that Contractors Brokerage "held itself out as a specialist for contractors," and had a "legal duty to adequately explain the insurance policies it was selling to Garnier." (Id. at 5:4‐8, 18‐23.) No explanation occurred and the state's...
2022.10.04 Motion to Transfer 042
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.10.04
Excerpt: ...s for injury to person or personal property or for death from wrongful act or negligence, the superior court in either the county where the injury occurs or the injury causing death occurs or the county where the defendants, or some of them reside at the commencement of the action, is a proper court for the trial of the action." Since the death occurred in San Francisco, plaintiffs properly venued this case here. The same would be true under CCP ...
2022.09.30 Motion to Transfer Venue 113
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.09.30
Excerpt: ...sts for judicial notice are granted. Defendant first argues that the statutory language of FEHA requires this case to be heard in Siskiyou County. However, Defendant is a corporation with its principal place of business in San Francisco. (P's RJN, Ex. A.) "A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county wher...
2022.09.30 Motion for Summary Judgment, Adjudication 587
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.09.30
Excerpt: ...udication is denied. CCSF's separate statement of undisputed facts does not comply with CRC 3.1350. First, defendant fails to list the evidence supporting the purported undisputed facts in the correct column. (See CRC 3.1350(h).) Second, the alternative motion for summary adjudication does not comply with CRC 3.1350(b)["If made in the alternative, a motion for summary adjudication may make reference to and depend on the same evidence submitted in...
2022.09.29 Motion to Compel Arbitration and to Stay Litigation 627
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.09.29
Excerpt: ...tract in a language he may not have completely understood would not bar enforcement of the arbitration agreement. If [Plaintiff] did not speak or understand English sufficiently to comprehend the English Contract, he should have had it read or explained to him." (Ramos v. Westlake Services LLC (2015) 242 Cal.App.4th 674, 687.) "All [Plaintiff] had to do was tell [Defendant] or one of [Defendant's] Spanish‐speaking employees that he cannot read ...
2022.09.26 Motion to Dismiss or Stay Action Due to Forum Non Conveniens 500
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.09.26
Excerpt: ... stay the action due to forum non conveniens" is denied. San Francisco‐based Doordash operates an app‐based meal delivery business that, as its name suggests, counts on its "dasher" meal‐ deliverers to be speedy. (Cmplt. 2:14‐3:14.) The complaint alleges that a dasher in Wisconsin killed a man while driving 75 miles per hour in a 40‐mph zone. (Id. at 3:12‐4:3.) Notably, the dasher is not being sued. Instead, the complaint blames Doord...
2022.09.26 Motion for Summary Adjudication 137
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.09.26
Excerpt: ...r a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the facts constituting the wrongful act or omission." Plaintiff filed this action on July 28, 2021. But by January 31, 2019, when the parties entered into the settlement agreement, plaintiff was on notice o...
2022.09.22 Motion for Summary Judgment, Adjudication 950
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.09.22
Excerpt: ...NIA, JASON PARK, and M.D.'S Motion In Support Of Motion For Summary Judgment, Or In The Alternative, Summary Adjudication, By Defendants The Regents Of The University Of California, Griffin Sinclair Collins, M.D. And Jason Park, M.D. Defendant's motion for summary judgment or alternatively, summary adjudication is denied. On a summary judgment motion, the court strictly construes the moving party's evidence and liberally construes the opposing ev...
2022.09.22 Motion to Compel Deposition 663
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.09.22
Excerpt: ...anted. In this wrongful death case, Mitchell Engineering cross‐claimed against Bradley and DeHaro‐ Rameriz Corporation. On January 5, 2022, Mitchell attorney Whirl signed and filed a voluntary dismissal with prejudice of Mitchell's second amended cross‐complaint. Mitchell's owner and president Curtis Mitchell insists he "never consented or provided any authority, to anyone, including Vanessa Whirl" for the cross‐complaint's dismissal. (7/...
2022.09.19 Motion to Tax Costs 402
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.09.19
Excerpt: ...enied. CSAA made CCP 998 offers of costs waiver ‐ offers plaintiffs did not accept. Plaintiffs then lost their case to summary judgment, and CSAA filed a costs memorandum. Plaintiffs challenge one element of that memo: $14,790 for two experts ‐ in insurance bad faith and attorney standard of care. Plaintiffs' arguments are unavailing. First, plaintiffs say the CCP 998 offers were "a token or bad faith offer," but fail to carry their burden wi...
2022.09.19 Motion to Disqualify and Enjoin Law Firm, to Strike, to Quash Service of Summons or Stay or Dismiss 428
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.09.19
Excerpt: ...rson, Bradley & Feeney And Any Of Its Attorneys Including Timothy J. Halloran, John P. Girarde And Michael D. Saenz From Representing Any Of The Following Defendants. Plaintiff's motion to disqualify The Law Firm of Murphy, Pearson, Bradley & Feeney and any of its attorneys, is denied. First, the motion is moot since the court granted the law firm's anti‐SLAPP motion. Second, even if that motion were not granted, the motion is premature since t...
2022.09.16 Petition to Compel Arbitration and Stay Action 181
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.09.16
Excerpt: ...ition To Compel Arbitration And Stay Action is denied. "The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense." (Engalla v. Permanente Medical Group Inc. (1997) 15 Cal.4th 951, 972. Here, defendant does not establish that the parties entered int...
2022.09.16 Motion for Summary Judgment, Adjudication 810
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.09.16
Excerpt: ...tion is denied in its entirety. Defendant fails to maintain its burden of production on the harassment claim. (See CCP 437c(p)(2).) Defendant's own motion demonstrates numerous incidents of misgendering, notice, a co‐worker allegedly assaulting plaintiff, and a supervisor stating that he would not use preferred pronouns because it is "bad grammar." (See also Jones Decl., pars. 16‐17.) There is a triable issue of material fact whether this con...
2022.09.14 Motion to File Under Seal Portions of Opposition to Motion for Summary Judgment, Adjudication 013
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.09.14
Excerpt: ... Of His Opposition To Defendants Motion For Summary Judgment, Or In The Alternative, Summary Adjudication, Including Supporting Papers. Plaintiff's unopposed motion to seal is granted as follows: The court seals exhibits 24‐39 of plaintiff's index of exhibits in opposition to Med Thrive's motion for summary judgment filed on August 19, 2022. There is good cause to seal that private financial information. The court concludes that (1) There exist...
2022.09.14 Motion for Protective Order 654
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.09.14
Excerpt: ... 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 same authority as a ...
2022.09.13 Motion to Transfer 380
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.09.13
Excerpt: ...LL, THOMAS VENDEGNA, LUKE FABER, LAURA LUBARSKY, ARMIN BANDARI, and MICHAEL RYAN's motion to transfer is denied. Defendants bring this motion pursuant to CCP 397(c), which provides, "[t]he court may, on motion, change the place of trial [w]hen the convenience of witnesses and the ends of justice would be promoted by the change." "Before the convenience of witnesses may be considered as a ground for an order granting a change of venue it must be s...
2022.09.12 Motion to Permit Pre-Trial Discovery of Financial Information 305
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.09.12
Excerpt: ... Judge Tom Cohen, 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 ...
2022.09.09 Motion for Writ of Attachment 807
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.09.09
Excerpt: ... [that] ... causes the defendant to lose control of his property before the plaintiff's claim is adjudicated" [citation] is generally construed strictly according to the letter of its statutory terms." Royals v. Lu, 81 Cal. App. 5th 328, 296 Cal. Rptr. 3d 854, 865 (2022); see also e.g., Pac. Decision Scis. Corp. v. Superior Ct., 121 Cal. App. 4th 1100, 1106 (2004). There are many defects in the application, most of them individually sufficient to...
2022.09.08 Motion to Compel Arbitration 091
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.09.08
Excerpt: ...oncerning the existence, scope, validity, enforceability or breach of this Agreement, shall be resolved by final and binding arbitration in accordance with the Employment Arbitration Rules of the American Arbitration Association ("AAA Rules") then in effect ". This delegation clause is clear and unmistakable and therefore, the arbitrator shall decide whether this controversy is arbitrable. (See Rent‐ A‐Center, West, Inc. v. Jackson (2010) 561...
2022.09.08 Motion for Summary Judgment 963
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.09.08
Excerpt: ...The supplemental reply is due on November 4, 2022. "To demonstrate good faith, the party seeking a continuance must submit an affidavit or declaration showing that (1) the facts to be obtained are essential to opposing the motion; (2) there is reason to believe such facts may exist; and (3) the reasons why additional time is needed to obtain these facts." (Jade Fashion & Co. v. Harkham Indus., Inc. (2014) 229 Cal.App.4th 635, 656 (internal quotat...
2022.09.06 Motion to Compel Arbitration 875
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.09.06
Excerpt: ...dual PAGA claims and stays the remainder of this case, which implicates the representative PAGA claims. Plaintiffs apparently concede that their individual claims are arbitrable. The court declines to dismiss plaintiffs' representative claims because they still have standing pursuant to Kim v. Reins Int'l California, Inc. (2020) 9 Cal.5th 73, 86. Plaintiffs are allegedly "aggrieved employee[s]" per Labor Code sec. 2699(a), (c). Plaintiffs do not ...

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