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1674 Results

Location: San Francisco x
2020.09.22 Demurrer, Motion to Strike 536
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.09.22
Excerpt: ......
2020.09.21 Motion to Enforce Settlement 735
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.09.21
Excerpt: ......
2020.09.18 Motion to Strike 432
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.09.18
Excerpt: ...es its discretion to hear this motion per CCP 425.16(f). The court rejects plaintiff's argument that Judkins failed to provide proper notice of the motion. Judkins meets prong 1 of the anti-SLAPP statute, which the court liberally construes per CCP 425.16(a). "A cause of action 'arising from' defendant's litigation activity may appropriately be the subject of a section 425.16 motion to strike. 'Any act' includes communicative conduct such as the ...
2020.09.18 Motion to Compel Further Responses, Request for Monetary Sanctions 201
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.09.18
Excerpt: ... Sanctions; Pro Tem Judge James Fleming, 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 ...
2020.09.18 Motion to Compel Further Responses 025
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.09.18
Excerpt: ...ents: Pro Tem Judge James Fleming, 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 d...
2020.09.18 Motion for Summary Adjudication 878
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.09.18
Excerpt: ..., plaintiff raises triable coercion issues with evidence that the 215-pound Neary mounted her back, used a Greco-Roman control hold and twisted her arms "hard behind her back, past their normal range of motion," causing dislocation and surgeries to her left elbow and shoulder. (PAMF 17-20, 23.) Third, specific intent is rarely admitted by a wrongdoer, so it is often inferred. Plaintiff points to evidence of some "120 officers dressed in full riot...
2020.09.17 Motion to Stay Civil Proceedings 474
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.09.17
Excerpt: ... proceedings is granted in part. The court stays defendant Holdman's deposition and any written discovery directed to him so as to preserve his Fifth Amendment privilege against self‐incrimination in the parallel criminal proceedings. (Pacers, Inc. v. Superior Court (1984) 162 Cal.App.3d 686, 690 ["[W]hen both civil and criminal proceedings arise out of the same or related transactions, an objecting party is generally entitled to a stay of disc...
2020.09.17 Motion to Compel Further Responses, Production of Docs 646
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.09.17
Excerpt: ...ments Pursuant To Cal. Code Civ. Proc. Section 2031.320; Request For Sanctions.(part 1 of 2) Pro Tem Judge Peter VanZandt, 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 m...
2020.09.17 Motion for Summary Judgment 718
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.09.17
Excerpt: ...condition, a cherry. Defendant contends that the accident occurred a mere 11 minutes after one of its team members inspected/swept the incident area because the team member pressed button 28 on defendant's Gleason ESP (Electronic Slip/Fall Prevention) inspection log. (UMF 14‐15.) The team member testified that if she had cleaned the area where the incident occurred, however, she would push button 6. (Meisal Dec., Ex. 3 (Mui Depo., 50:25‐54:3)...
2020.09.16 Motion to Tax Costs 569
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.09.16
Excerpt: ...orney's fees based on actual time reasonably incurred in connection with the commencement and prosecution of this action pursuant to Civil Code Section 1794(b), to be determined by court motion if the parties cannot agree." Under Civ. Code Sec. 1794(d), the prevailing buyer in a Song‐Beverly Act action "shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney'...
2020.09.16 Motion to Enforce Stipulation and Enter Judgment 197
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.09.16
Excerpt: ...ck's motion to enforce stipulation and enter judgment in Quock's favor is denied. On or about February 28, 2020, counsel to the parties entered into a written stipulation by which the City and County of San Francisco agreed that in exchange for a dismissal without prejudice of Quock, a Muni bus driver, the City would produce him in for deposition and he would agree to appear at trial in compliance with the requirements of the Code of Civil Proced...
2020.09.16 Motion to Dismiss Complaint 483
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.09.16
Excerpt: ...Complaint As To Defendant Amir Taaki Pursuant To Cal. Civ. Proc. Code 583.210, 583.250, 583.410 & 583.420 And Cal. Rules Of Court Rules 3.110(B) And 3.110(H) Defendants Patrick and Jamie Strateman's motion to dismiss the complaint as to Amir Taaki on mandatory and discretionary grounds pursuant to Code of Civ. Proc. sections 583.210, 583.420(a)(1) and Cal. R. Ct. 3.110 is denied. Taaki's default was entered on July 20, 2018, and this court has al...
2020.09.15 Demurrer 298
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.09.15
Excerpt: ...against defendants. Defendants represented plaintiff in the 2018 Callis vs. Campos action and the parties do not dispute the existence of an attorney‐client relationship during that time. (Compl. par. 12.) Plaintiff alleges that during the representation in the personal‐injury matter, defendants failed to file a cross‐complaint against the other driver on behalf of plaintiff, and failed to advise plaintiff that certain claims he had against...
2020.09.15 Petition to Compel Compliance with Investigational Subpoenas 178
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.09.15
Excerpt: ...ional subpoenas issued by the Medical Board of California, represented here by petitioner Kimberly Kirchmeyer, Director of the Department of Consumer Affairs. Respondent did not file a timely opposition to that petition by August 19, as required by the court's order to show cause. Rather, in its late‐filed opposition, respondent generally asserts its patients' right to privacy in their medical records, but represents that it will comply with a ...
2020.09.15 Motion for Summary Judgment 363
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.09.15
Excerpt: ...ars the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law" and the "burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact." (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) Defendants fail to meet their burden. First, Defendants fail to show that there is no duty. "It also is . . . established that, as a ...
2020.09.15 Motion for Summary Judgment, Adjudication 289
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.09.15
Excerpt: ...dication is denied as to issue 1 (defendant's negligence). The court exercises its discretion per Code of Civil Procedure section 437c(e) and denies the motion because Kamireddy's assertion that he revoked Kativarapu's permission to use the vehicle is a material fact to which he is the sole witness since Kativarapu is in India and unavailable. (See Weixel Dec., Ex. A [Kamireddy Depo., 58:1‐60:3].) In addition, there exists a triable issue of ma...
2020.09.14 Motion to Strike, Demurrer, Motion to Stay 118
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.09.14
Excerpt: ...and is not improper. Operating a motor vehicle while intoxicated may be the basis for an award of punitive damages, particularly when combined with other conduct (such as running a red light) that may evince a conscious disregard of safety and the probable injury of others. (Taylor v. Superior Court (1979) 24 Cal.3d 890, 897 ["One who willfully consumes alcoholic beverages to the point of intoxication, knowing that he thereafter must operate a mo...
2020.09.14 Motion for Summary Judgment 024
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.09.14
Excerpt: ...Sodexo to operate a restaurant on CAS' premises. (UMFs 5, 7, 16, 18; Armanini Dec., Ex. C.) Plaintiff was injured when she stepped in a drain hole while working for Sodexo. (UMF 4.) This factual scenario implicates Privette v. Superior Court (1993) 5 Cal.4th 689 and its progeny. Under that line of authority, a "hirer of an independent contractor [such as CAS] can be liable for a workplace injury of the contractor's employee if the hirer retained ...
2020.09.14 Motion for Reconsideration 596
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.09.14
Excerpt: ...on to reconsider that ruling. (See CCP 916(a); Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4th 180, 190 ["an appeal from the denial of a motion to compel arbitration automatically stays all further trial court proceedings on the merits."].) In any event, the court notes there is a substantial body of authority holding that delivery workers who transport packages through to the conclusion of their journeys in interstate and foreign comme...
2020.09.14 Motion for Leave to Include Additional Claims 780
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.09.14
Excerpt: ...court understands that plaintiff has already included the proposed additional claims in the third amended complaint, which she filed without leave of court, and defendants have filed a demurrer and motion to strike in response to that pleading, which are set for hearing on October 6, 2020. If, as defendants contend, the new claims fail to state facts sufficient to constitute a cause of action, the court will decide those issues in connection with...
2020.09.14 Demurrer 796
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.09.14
Excerpt: ...d Matthews' demurrer to plaintiff's Amended Complaint as follows: The demurrers to causes of action 1 ‐ 4 are overruled. "[T]he plaintiff must set forth the essential facts of his or her case 'with reasonable precision and with particularity sufficient to acquaint [the] defendant with the nature, source and extent' of plaintiff's claim." (Annocki v. Peterson Enterprises LLC (2014) 232 Cal.App.4th 32, 36.) Here, par. 14 of the Amended Complaint ...
2020.09.14 Demurrer 792
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.09.14
Excerpt: ...ws' demurrer to plaintiffs' Amended Complaint as follows: The court rejects defendants' argument that plaintiffs' claims are time‐barred as a matter of law. "[W]hen the relevant facts are not clear such that the cause of action might be, but is not necessarily, time‐barred, the demurrer will be overruled." (Austin v. Medicis (2018) 21 Cal.App.5th 577, 585.) The court grants defendants' request for judicial notice. The substitution of counsel ...
2020.09.14 Demurrer 790
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.09.14
Excerpt: ... demurrer to plaintiff's Amended Complaint is sustained and overruled as follows: The demurrers to causes of action 1 ‐ 4 are overruled. "[T]he plaintiff must set forth the essential facts of his or her case 'with reasonable precision and with particularity sufficient to acquaint [the] defendant with the nature, source and extent' of plaintiff's claim." (Annocki v. Peterson Enterprises LLC (2014) 232 Cal.App.4th 32, 36.) Here, par. 14 of the Am...
2020.09.11 Motion for Summary Judgment 184
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.09.11
Excerpt: ...tion For Summary Judgment, Or In The Alternative, Summary Adjudication Defendant Getaround, Inc.'s motion for summary judgment/adjudication is denied. Defendant fails to show that there is no triable issue of material fact on the question of whether plaintiff Gagan Pelrecha resigned or was terminated for cause. (Zaid Dec. 12; Duckworth Dec. Exs. E & G; Kosmicki Dep. 150‐51; Zaid Dep. 179‐80; Palrecha Dec. 17, Ex. H (objections overruled).) De...
2020.09.11 Motion for Leave to Amend Complaint 438
Location: San Francisco
Judge: Department 302
Hearing Date: 2020.09.11
Excerpt: ...y, September 11, 2020, Line 5, PLAINTIFF TAMMIE MOSLEY's Motion For Leave To Amend First Amended Complaint To Add Claim For Punitive Damages; Declaration Of Peter Berman, M.D., Facs; Declaration Of Jordan Haber, M.D., Dacr, Facr; Declaration Of David Mayer, M.D., F.I.C.S.; Declaration Of Wykeisha L. Orr, Esq.; [Proposed] Second Amended Complaint Plaintiff Tammie Mosely's motion under CCP 425.13 "for leave to amend first amended complaint to add c...

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