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1551 Results

Location: San Francisco x
2020.07.06 Motion to Tax Costs 527
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.07.06
Excerpt: ......
2020.07.06 Motion to Quash Service of Summons and Complaint 500
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.07.06
Excerpt: ......
2020.07.01 Motion to Stay for Forum Non Conveniens 059
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.07.01
Excerpt: ...ts. "[I]f there is a mandatory forum selection clause, the test is simply whether application of the clause is unfair or unreasonable, and the clause is usually given effect." (Berg v. MTC Electronics Technologies (1998) 61 Cal.App.4th 349, 358.) The Exercise Agreement contains a clause stating there is "exclusive jurisdiction of any state or federal court sitting in the State of Delaware for the purpose of enforcing any provision of this Agreeme...
2020.07.01 Motion to Amend Complaint 947
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.07.01
Excerpt: ...its prior order, the court struck the punitive damages allegations on the ground that they did not rise to the level of despicable conduct carried on by the defendant with a willful and conscious disregard for the rights or safety of others. Plaintiff now adduces additional facts that she contends establish that defendants were on notice for several years of dangerous conditions on its property, were aware that those conditions had caused numerou...
2020.06.30 Motion to Change Venue 060
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.06.30
Excerpt: ...c agency or officer is properly brought "in the county in which the cause, or some part of the cause, arose." (Code Civ. Proc. § 393(b).) The cause of action normally arises wherever the petitioner would be injured by the state action complained of, e.g., where the plaintiff resides or does business. "A cause arises in the county where the effects of the administrative decision are felt, not where the agency signs the challenged order or takes t...
2020.06.30 Demurrer, Motion to Strike 564
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.06.30
Excerpt: ...uled. Medical battery occurs when a physician performs a medical procedure or treatment without the patient's consent or performs a procedure that is substantially different from the one consented to. (Cobbs v. Grant (1972) 8 Cal.3d 229, 239 [medical battery occurs where "a doctor obtains consent of the patient to perform one type of treatment and subsequently performs a substantially different treatment for which consent was not obtained"]; Saxe...
2020.06.30 Demurrer, Motion to Strike 427
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.06.30
Excerpt: ...ine, and fifteen. As noted in the companion demurrer, cross-complainants sufficiently allege alter ego liability against Litz and the cited agreements are sufficiently alleged. The demurrer to the tenth cause of action for breach of fiduciary duty is overruled. Litz fails to demonstrate that the claim needs to be brought as a derivative action. Paragraphs 169-179 allege that Litz is the managing member of the LLC and that he has been abusing that...
2020.06.25 Demurrer 688
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.06.25
Excerpt: ....) "Defamation is the intentional publication of a statement of fact that is false, unprivileged, and has a natural tendency to injure or that causes special damage." (Grenier v. Taylor (2015) 234 Cal.App.4th 471, 486.) Paragraphs 16‐17 of the amended complaint plead timely defamation causes of action. Plaintiff is correct that when pleading a defamation claim, less particularity is required where the defendant presumptively possess full inform...
2020.06.23 Motion to Consolidate Action, to Compel Mediation or Arbitration 935
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.06.23
Excerpt: ...nts and cross- complainants Ozyilmazs' motion to consolidate is granted. Litz v. Ozyilmaz, CGC-19-580935 and FFGRG v. Ozyilmaz, CGC-19-581427 are consolidated for all purposes. The court designates Litz v. Ozyilmaz, CGC-19-580935 as the lead case and all future filings shall be made under Litz v. Ozyilmaz, CGC-19-580935. When ruling on a motion to consolidate the court considers the common issues of law and fact, timeliness, complexity of the cas...
2020.06.22 Motion to Compel Further Responses 500
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.06.22
Excerpt: ..., 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 same au...
2020.06.22 Motion for Summary Judgment 708
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.06.22
Excerpt: ...ss, LLC.'s motion for summary judgment or alternatively summary adjudication is denied in its entirety. Plaintiff fails to maintain its initial burden of production. First, the Equipment Finance Agreement (par. 5) and Guarantee expressly state that Washington law governs the parties' relationship. While the agreements give the "secured party" the option of commencing a collection action in a non‐Washington court, they do not provide that non‐...
2020.06.18 Motion for Change of Venue 828
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.06.18
Excerpt: ...rincipal place of business in San Francisco. (Rogers Dec., Ex. D; Ferguson v. Koerber (1924) 69 Cal.App. 47, 49; Brown v. Superior Court (1984) 37 Cal.3d 477, 482 ["Venue is determined based on the complaint on file at the time the motion to change venue is made."].) The fact that plaintiff dismissed Indiegogo, Inc. does not change the analysis. Subsequent amendments to the complaint or dismissals do not make a proper choice of venue suddenly imp...
2020.06.18 Motion for New Trial 802
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.06.18
Excerpt: ...laintiff leave to amend to plead a completely new cause of action in response to defendant's anti-SLAPP motion to strike. "[A] plaintiff cannot use an eleventh hour amendment to plead around a motion to strike under the anti-SLAPP statute." (Navellier v. Sletten (2003) 106 Cal.App.4th 763, 772-773 [allowing amendment in response to anti-SLAPP motion would undermine anti-SLAPP statute]; accord, Salma v. Capon (2008) 161 Cal.App.4th 1275, 1280, 129...
2020.06.18 Motion for Leave to Intervene, to Seal Document 353
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.06.18
Excerpt: ...has an unconditional right to intervene in an action if, upon timely application, she "claims an interest relating to the property or transaction that is the subject of the action," (2) she "is so situated that the disposition of the action may impair or impede [her] ability to protect that interest," and (3) her interest is not "adequately represented by one or more of the existing parties." (Code Civ. Proc. § 387(d)(1); see Mylan Laboratories ...
2020.06.18 Motion for Summary Adjudication 806
Location: San Francisco
Judge: Lee, Cynthia 503
Hearing Date: 2020.06.18
Excerpt: ...burden via the factually devoid prong of Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 855. Plaintiffs' interrogatory responses restate their allegations and simply provide laundry lists of people and/or documents. (Andrews v. Foster Wheeler LLC (2006) 138 Cal. App. 4th 96, 107.) As to Plaintiffs' claim for false representation, Plaintiffs fail to provide specific evidence showing that a misrepresentation was made. As to Plaintiffs' ca...
2020.06.16 Motion to Set Aside Default, Judgment, for Leave to Defend 432
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.06.16
Excerpt: ...a party in default moves promptly to seek relief, very slight evidence is required to justify a trial court's order setting aside a default." (Shamblin v. Brattain (1988) 44 Cal.3d 474, 478.) Defendant filed this motion within a reasonable time. The court entered the default on February 20, 2020 and defendant filed this motion on March 11, 2020. Defendant establishes that the default was entered as the result of mistake, inadvertence, excusable n...
2020.06.12 Motion for Summary Judgment, Adjudication 809
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.06.12
Excerpt: ...nt or alternatively, motion for summary adjudication, on Parkmerced Owner, LLC's cross‐complaint is denied in its entirety. In ruling on a summary adjudication motion, the court must view the evidence and all inferences reasonably drawn therefrom in the light most favorable to the opposing party. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) In this case, there are a triable issues of material fact as to whether the water that...
2020.06.12 Motion for Change of Venue 560
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.06.12
Excerpt: ...ases for venue under CCP §395.5. (See Mission Imports, Inc. vs. Sup. Ct. (1982) 31 Cal.3d 921.) In this case, defendant fails to meet its evidentiary burden. The evidence indicates that defendant was to pay plaintiff at plaintiff's San Francisco office and in fact made some payments there. (Michels Dec. 7, 9.) San Francisco is therefore a place of performance; the Harrison declaration does not demonstrate that performance on the six agreements w...
2020.06.11 Demurrer 951
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.06.11
Excerpt: ... for negligence (Code Civ. Proc., § 430.10(e)), Plaintiff did not comply with the Government Claims Act. Plaintiff filed an Application for Leave to Present a Late Claim Against City and County of San Francisco, which this court denied on November 7, 2019. (In Re: Michael L. Beauchamp, CPF‐19‐516867.) In the order denying plaintiff's application, the court found that the alleged incident in the application occurred on October 11, 1990, over ...
2020.06.09 Motion to Strike 722
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.06.09
Excerpt: ...aint is denied. Plaintiffs allege that on December 2015, they sustained personal injuries while using a portable butane stove that was purchased from a Macy's store in Stockton, California in the 1990s. (FAC pars. 18, 20.) Plaintiff allege that the stove was defectively designed and seek to state causes of action against Macy's for negligence, strict products liability and breach of warranty. They allege that Macy's was aware of the defective des...
2020.06.09 Motion for Summary Judgment, Adjudication 806
Location: San Francisco
Judge: Lee, Cynthia 503
Hearing Date: 2020.06.09
Excerpt: ...2001) 25 Cal.4th 826 by demonstrating that Plaintiffs do not possess, and cannot reasonably obtain, evidence that Mr. Van Tassell was exposed to asbestos‐containing products or materials attributable to Defendant. Plaintiffs concede in their interrogatory responses that they "do not currently allege Plaintiff Fred Van Tassell suffered any asbestos exposures while serving in the Navy between the years 1960 to 1980." (Hoye Declaration, Ex. D at 4...
2020.06.04 Motion to Require Undertaking for Security of Cost and Attorneys' Fees 662
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.06.04
Excerpt: ...es Pursuant To CCP 1030. Defendant the Regents of the University of California's motion to require undertaking pursuant to Code of Civil Procedure § 1030 is granted. Plaintiff shall post $30,000 as a reasonable bond by July 5, 2020. Plaintiff resides out of state (Alabama) and defendant demonstrates that "there is a reasonable possibility that the moving defendant will obtain judgment in the action." (Yao v. Superior Court (2002) 104 Cal.App.4th...
2020.06.04 Motion to Change Venue 528
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.06.04
Excerpt: ...arst Holdings, Inc., and Bill Flemion's motion to change venue to San Luis Obispo based upon the convenience of witnesses and ends of justice is granted. (See Code Civ. Proc. § 397(c).) Defendants shall remit all required transfer fees and costs forthwith. The convenience of witnesses and ends of justice mandate the transfer of this action to San Luis Obispo. This case involves an approximately 30‐year campaign of alleged harassment and bigotr...
2020.06.04 Motion for Summary Judgment 365
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.06.04
Excerpt: ...fendant's objections to the Gelbowitz declaration. Gelbowitz lays a foundation regarded the matters attested to and properly authenticates the business records attached to her declaration, which show that defendant is in default on her credit card account. (See Evid. Code §§ 1400, 1401 [authentication], 1271 [business records exception to hearsay rule]; Unifund CCR, LLC v. Dear (2015) 243 Cal.App.4th Supp. 1, 7‐9 [trial court has broad discre...
2020.06.04 Demurrer, Motion to Strike 985
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.06.04
Excerpt: ...unitive damages against a corporate employer if the employee is sufficiently high in the corporation's decision-making hierarchy to be an 'officer, director or managing agent.'" (Gelfo v. Lockheed Martin Corp. (2006) 140 Cal.App.4th 34, 63.) According to the complaint, Mr. Aycan was "Managing Director of IDEO Products." (Compl. 3.) Punitive damages are recoverable for FEHA violations. (Commodore Home Systems, Inc. v. Superior Court (1982) 32 Cal....

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