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2414 Results

Location: San Francisco x
2022.12.02 Motion to Vacate Order Compelling Arbitration, for Sanctions 749
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.12.02
Excerpt: ...tutory Waiver Pursuant To Cal. Civ. Proc. 1281.97 And Request For Sanctions Under Cal. Civ. Proc. 1281.99 In The Amount Of $7,290.00. Denied. Although the moving papers and their citation of CCP SEC 1281.97 suggest defendants were late in payment of the initial fee to commence arbitration, the reply disavows that argument. Instead, it argues that defendants failed to pay under SEC 1281.98, which relates to fees payable to "continue" the arbitrati...
2022.12.01 Motion for Leave to File SAC 008
Location: San Francisco
Judge: Lee, Cynthia 503
Hearing Date: 2022.12.01
Excerpt: ...s serially numbered to differentiate it from previous pleadings, and states what allegations regarding wrongful death are proposed to be added to the previous pleading in the personal injury action and where the additional allegations are located. (CRC 3.1324(a).) Plaintiff submitted a declaration specifying the effect of the amendment, why the amendment is necessary and proper, when the facts giving rise to the amended allegations were discovere...
2022.12.01 Motion for Leave to Amend Answer, Demurrer, Motion to Strike 247
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.12.01
Excerpt: ...motion is off calendar as to defendant Matthew Jacob Feaver since he filed for bankruptcy. (See Notice of Stay of Proceedings filed 11/4/22; Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1488 ["a bankruptcy stay is only effective as to the party in bankruptcy; a plaintiff must proceed against nonbankrupt defendants."]; Shorr v. Kind (1991) 1 Cal.App.4th 249, 258 [stay applies only to bankruptcy debtor].) There is a liberal policy ...
2022.11.30 Petition to Vacate Arbitration Award 849
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.30
Excerpt: ...rsuant to an arbitration agreement, when a person is to serve as a neutral arbitrator, the proposed neutral arbitrator shall disclose all matters that could cause a person aware of the facts to reasonably entertain a doubt that the proposed neutral arbitrator would be able to be impartial." (CCP 1281.9.) The court shall vacate the award if the court determines an arbitrator making the award "failed to disclose within the time required for disclos...
2022.11.29 Petition to Vacate Arbitration Award 849
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.29
Excerpt: ...rsuant to an arbitration agreement, when a person is to serve as a neutral arbitrator, the proposed neutral arbitrator shall disclose all matters that could cause a person aware of the facts to reasonably entertain a doubt that the proposed neutral arbitrator would be able to be impartial." (CCP 1281.9.) The court shall vacate the award if the court determines an arbitrator making the award "failed to disclose within the time required for disclos...
2022.11.28 Motion to Compel Arbitration and Dismiss or Stay Proceedings 520
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.28
Excerpt: ...dual PAGA claim is granted and the court stays litigation of the remaining representative PAGA claim. Plaintiff brings this action individually and on behalf of other aggrieved employees. (See Complaint, Caption and par. 1.) Defendant bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence. (See Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972.) Here, defendant demonstrates...
2022.11.23 Motion for Summary Judgment 926
Location: San Francisco
Judge: Lee, Cynthia 503
Hearing Date: 2022.11.23
Excerpt: ...Plaintiffs in their response to Defendant's separate statement. Defendant sustained its burden of showing that Plaintiffs do not possess, and cannot reasonably obtain, needed evidence that decedent was exposed to asbestos containing products attributable to Defendant. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 855.) Between 1969 and 1972, Decedent recalled three jobsites where he saw Oltmans employees working. (Defendant's Index, Ex. ...
2022.11.23 Demurrer 393
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.23
Excerpt: ... any civil action for recovery of damages suffered as a result of sexual assault, where the assault occurred on or after the plaintiff's 18th birthday, the time for commencement of the action shall be the later of the following: (1) Within 10 years from the date of the last act, attempted act, or assault with the intent to commit an act, of sexual assault against the plaintiff" and instructs that "(3) This section applies to any action described ...
2022.11.22 Motion to Compel Further Responses 710
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.22
Excerpt: ...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 party appears by telephone, the stipulation may be si...
2022.11.22 Motion for Summary Judgment, Adjudication 925
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.22
Excerpt: ...lic entity is liable for injury caused by a dangerous condition of its property if the plaintiff establishes that the property was in a dangerous condition at the time of the injury, that the injury was proximately caused by the dangerous condition, that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred, and that either: (a) A negligent or wrongful act or omission of an employee of the public e...
2022.11.18 Demurrer 423
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.18
Excerpt: ...s v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 391.) Plaintiff brought this civil suit against Defendant for her judicial decision in Plaintiff's case. Defendant now brings this demurrer on the grounds of judicial immunity. "[T]he doctrine of civil immunity of the judiciary in the performance of judicial functions is deeply rooted in California law." (Howard v. Drapkin (1990) 222 Cal.App.3d 843, 852 [internal quotations omitted].) "The decisions ...
2022.11.18 Demurrer, Motion to Strike 199
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.18
Excerpt: ...r:CGC22599199Case Title:KIMI NORWAY VS. SAN FRANCISCO UNIFIED SCHOOL DISTRICT ET ALCourt Date:NOV‐18‐2022 09:30 AMCalendar Matter:MOTION TO STRIKE COMPLAINTRulings:Matter on calendar for Friday, November 18, 2022, Line 10, 3. DEFENDANT JONATHAN LEE'S MOTION TO STRIKE COMPLAINT. *THE COURT'S FULL AND COMPLETE TENTATIVE RULING HAS BEEN EMAILED TO ALL COUNSEL* The notice of the anti‐SLAPP motion targets the entire complaint. The Supreme Court ...
2022.11.18 Motion to Quash Service of Summons 607
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.18
Excerpt: ...tional discovery. "A trial court has discretion to continue the hearing on a motion to quash service of summons for lack of personal jurisdiction to allow the plaintiff to conduct discovery on jurisdictional issues." Burdick v. Sup.Ct. (2015) 233 Cal.App.4th 8, 30. "In order to meet its burden of proof ( 3:384 ff.), plaintiff is entitled to conduct discovery with regard to the issue of jurisdiction before the hearing on the motion to quash; e.g.,...
2022.11.18 Motion to Reopen Discovery 406
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.18
Excerpt: ...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 party appears by telephone, the stipulation may be signed via fax or consent to sign given by email. If not all parties to the mo...
2022.11.18 Motion for Summary Judgment 447
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.18
Excerpt: ...duction. CCP 437c(p)(2). When analyzing a summary judgment motion, "the moving party's affidavits are strictly construed while those of the opposing party are liberally construed." (Fraizer v. Vlekura (2001) 91 Cal.App.4th 942, 945; see also Scalf v. D.B. Log Homes, Inc., (2005) 128 Cal.App.4th 1510, 1519 ["In reviewing the evidence, we strictly construe the moving party's evidence and liberally construe the opposing party's and accept as undispu...
2022.11.17 Motion to Compel Arbitration 356
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.17
Excerpt: ...nd 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 establishes the existence of an arbitration agreement. (Hansen Decl., pars. 5‐7, Ex. 1.) In opposition, plaintiff demonstrates that the agreement is unconscionable and unenforceable. Plaintiff's agreement is very similar to the ...
2022.11.17 Demurrer 577
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.17
Excerpt: ...a Nationwide employee; it appointed her to represent plaintiff. Mayfield declined a settlement offer under the $1‐million policy limits, then suffered an $8.2‐million trial loss, exposing plaintiff. He sued Nationwide and Mayfield; the latter answered. Nationwide demurs to the complaint's third and fourth counts, for legal malpractice under negligence and breach of fiduciary duty theories. Nationwide's argument as to each is that ‐ though "...
2022.11.16 Motion to Compel, for Sanctions 802
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.16
Excerpt: ...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 party appears by telephone, the stipulation may be signed via ...
2022.11.15 Motion to Transfer Venue 251
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.15
Excerpt: ...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." Here, defendant fails to show that defendant Uber Technologies, Inc. does not reside in San Francisco. Defendants' motion to change venue based upon the convenience of witnesses is denied without prejudice as premature since there is no answer on file. (See Easton v. Superior Court (1970 12 Cal.App.3d 243,...
2022.11.15 Motion for Leave to Amend Complaint 082
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.15
Excerpt: ...ice to the defendant. (See Rainer v. Buena Cmty. Mem'l Hosp. (1971) 18 Cal.App.3d 240, 257‐259.) Indeed, an unexplained delay alone is grounds to deny amendment. (See Record v. Reason (1999) 73 Cal.App.4th 472, 486 ["even if a good amendment is proposed in proper form, unwarranted delay in presenting it may‐of itself‐be a valid reason for denial."].) Here, plaintiff does not convincingly argue that recent discovery compels the amendment. Fi...
2022.11.14 Motion to Compel Neuropsychological Exam 250
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.14
Excerpt: ...DENNY [TRANSFERRED FROM 9:30 CALENDAR]. (Part 1 of 2 for purposes of entry of Tentative Ruling.) Pro Tem Judge David McDonald, 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...
2022.11.14 Motion for Dismissal for Delay in Prosecution 872
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.14
Excerpt: ...de pursuant to this article, there shall be excluded the time during which any of the following conditions existed: (a) The defendant was not amenable to the process of the court. (b) The prosecution of the action or proceedings in the action was stayed and the stay affected service. (c) The validity of service was the subject of litigation by the parties. (d) Service, for any other reason, was impossible, impracticable, or futile due to causes b...
2022.11.10 Motion for Summary Judgment 963
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.10
Excerpt: ...nc. as Fisher dismissed its cross‐complaint as to Alcal Specialty Contracting Inc. on October 24, 2022. C/S Erectors, Inc. lacked standing to oppose this motion since it was not directed towards a C/S Erector pleading. "It is well settled in California ... that the exoneration of a joint tortfeasor from liability does not 'aggrieve' the other individually liable tortfeasor(s) insofar as that word is understood to apply to a party's standing to ...
2022.11.10 Motion for Reconsideration 069
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.10
Excerpt: ...tion. 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 party appears by telephone, the stipulation may be signed via fax or consent to sign given by email. If not all parti...
2022.11.10 Motion for Terminating Sanctions, or for Evidentiary Sanctions, for Monetary Sanctions 850
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.10
Excerpt: ...FOR POSTING TENTATIVE RULING] (Tentative ruling continued from previous entry.) The trial court may order a terminating sanction for discovery abuse after considering the totality of the circumstances: the conduct of the party to determine if the actions were willful; the detriment to the propounding party; and the number of formal and informal attempts to obtain the discovery." Creed-21 v. City of Wildomar, 18 Cal. App. 5th 690, 701-702 (2017). ...
2022.11.10 Motion to Compel Identification, Production of Docs, to Compel Responses 921
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.10
Excerpt: ...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 party appears by telephone, the stipulation may be signed via fax or consent to sign giv...
2022.11.07 Demurrer to Petition for Writ of Mandate 800
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.07
Excerpt: ...e overruled. First, it matters not that the complaint labels its "first cause of action" "preliminary injunction," as that remedy is also pled in the prayer. (Cmplt. 12:10‐ 13.) Indeed, the court already issued a preliminary injunction in July 2022. Second, CalPERS says the complaint's second cause of action improperly applies to "all CalPERS members." (Memo. 4:17, 10:3.) Actually, the second cause applies only to plaintiff David Parenti ‐ "h...
2022.11.07 Motion to Compel Deposition Answers 274
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.07
Excerpt: ...nts 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 party appears by telephone...
2022.11.07 Motion for Leave to Augment Expert Witness List 857
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.07
Excerpt: ...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 party appears by telephone, the stipulation may be signed via fax or consent to sign given by email. If not al...
2022.11.07 Motion for Leave to Intervene 976
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.07
Excerpt: ...n or proceeding if either of the following conditions is satisfied: The person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties. (CCP 387(d)(1)(B))." Here,...
2022.11.04 Motion to Transfer Venue 022
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.04
Excerpt: ...Venue. Defendants' notice of motion and motion to transfer venue to Kern County is granted. Plaintiff shall pay the transfer fees. 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 where the principal place of business of such corporation is situated, subject to the power of the court to change the place of tr...
2022.11.02 Motion for Summary Judgment, Adjudication 858
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.02
Excerpt: ... judgment is denied. Defendant's alternative motion for summary adjudication is granted as to the breach of contract claim and denied as to the negligence claim. Defendant's motion for summary judgment on the negligence cause of action is denied. There is a triable issue of material fact whether Ms. Glassmaker acted as plaintiffs' agent to procure the insurance. (Ryan Decl., Ex. B [Rodriguez Depo., 30:9‐11; 31:8‐10]; Ex. D [Rodriguez Decl., p...
2022.11.01 Demurrer, Motions to Strike 572
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.11.01
Excerpt: ...lable in most negligence cases. But this is more than a negligence case; intentional wrongdoing by attorneys is claimed. (See Smith v. Sup. Ct. (1992) 10 Cal.App.4th 1033, 1040.) For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Se...
2022.10.31 Motion for Summary Adjudication 012
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.10.31
Excerpt: ...vor of the opposing party; any doubts regarding the propriety of summary judgment are to be resolved in favor of the opposing party." (Kulesa v. Castleberry (1996) 47 Cal.App.4th 103, 112.) In this case, there is a triable issue of material fact regarding whether the parties amended the underlying loan agreement, which the guaranty is based upon, and whether plaintiff breached the implied covenant of good faith and fair dealing by failing to prov...
2022.10.28 Motion to Compel Further Responses 970
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.10.28
Excerpt: ... Motion To Compel Defendant Chieh‐Ping Shens Further Responses To Form Interrogatories, Set One, Number 12.1 And 12.7; Request For Sancts Against Defendant And Her Attorney, Kathryn Klaus, In The Amount Of $1,422. (Part 1 of 2 for purposes of entry of Tentative Ruling.) 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 ...
2022.10.24 Motion to Compel Arbitration and Stay or Dismiss Proceedings 114
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.10.24
Excerpt: .... With less of one type, the party urging unconscionability must show more of the other. (See generally, e.g. OTO, L.L.C v. Kho (2019) 8 Cal.5th 111, 130; Davis v. Kozak (2020) 53 Cal.App.5th 897, 905 ("sliding scale").) Here, Plaintiff alleges procedural unconscionability because CFO Dipak Joshi told him that other employees who did not sign the agreement would be terminated. (Heinrich Decl., 4) Plaintiff also alleges that in light of his health...
2022.10.21 Motion to Set Aside Entry of Default 935
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.10.21
Excerpt: ...LC, Stiiizy, LLC, And Stiiizy Development, LLC motion to set aside entry of default is granted. The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to ...
2022.10.20 Motion to Strike PAGA Representative Allegations FAC 848
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.10.20
Excerpt: ...mended Complaint. Defendant's (MEDIX STAFFING SOLUTIONS, INC.) motion to strike is denied. Defendant urges this court to strike Plaintiff's representative claim under the Private Attorney General Act ("PAGA") in light of the United States Supreme Court's opinion in Viking River Cruises v. Moriana. Specifically, Defendant argues that Plaintiff loses standing to bring a representative PAGA claim after her individual PAGA claim has been separated. T...
2022.10.19 Demurrer 949
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.10.19
Excerpt: ...he personal property; 2. That Defendant substantially interfered with Plaintiff's property by knowingly or intentionally: taking possession of the of personal property; or preventing Plaintiff from having access to the personal property; or destroying the personal property; or refusing to return the personal property after Plaintiff demanded its return. 3. That Plaintiff did not consent; 4. That Plaintiff was harmed; and 5. That Defendant's condu...
2022.10.19 Motion to Compel Arbitration 607
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.10.19
Excerpt: ...nt by the preponderance of the evidence." (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972.) In this case, defendant establishes that the parties agreed to arbitrate their dispute when they entered into the 2022 Coinbase User Agreement ("2022 Agreement"). (Jankowski Decl., pars. 11‐15.) The court rejects plaintiff's argument that the 2022 Agreement does not apply to this dispute because it does not apply retroactively and t...
2022.10.18 Motion to Vacate Order to Grant Motion to Compel Arbitration and Stay Proceeding, for Sanctions 031
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.10.18
Excerpt: ... REGINA MOSELEY and WELLINGTON BALSLEY'S Motion To Vacate Order Granting Defendants' Motion To Compel Arbitration And Stay Proceeding; Request For Sanctions. Plaintiff's motion to vacate the order compelling arbitration is denied. Plaintiff seeks to vacate the arbitration order and recover sanctions pursuant to CCP 1281.97 et seq. The parties' agreement, however, provides: "The parties agree that the California Code of Civil Procedure shall not g...
2022.10.18 Motion to Dismiss 779
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.10.18
Excerpt: ...ails to establish a basis for tolling the 3‐year period. The Judicial Council COVID orders pertain to filing documents, not service. (Opposition, Exs. 1‐3.) Crane v. Dolihite (2021) 70 Cal.App.5th 772 is inapposite as that cause involved an inmate that was prevented from serving a fellow inmate. Plaintiff's argument that defendant was not amenable to service fails. Under Perez v. Smith (1993) 19 Cal.App.4th 1595, 1598, the fact that defendant...
2022.10.17 Motion to Quash Service and Dismiss Petition to Vacate Arbitration Award 820
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.10.17
Excerpt: ...O VACATE ARBITRATION AWARD. Talesun Solar USA Ltd.'s ("Talesun") motion to quash is granted. Silverado Power, LLC ("Silverado") fails to show that it duly filed and served the petition to vacate on Talsesun. "A petition to vacate an award or to correct an award shall be served and filed not later than 100 days after the date of the service of a signed copy of the award on the petitioner." (CCP 1288.) CCP 1286.4 provides that: "The court may not v...
2022.10.14 Motion to Strike Complaint 199
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.10.14
Excerpt: ...22, the plaintiff filed a first amended complaint. Plaintiff and defendant SFUSD agreed to set a demurrer and motion to strike the first amended complaint for November 18, 2022. The general rule is that an amended complaint supersedes a prior complaint and a motion directed to the prior complaint is moot. (See State Compensation Ins. Fund v. Superior Court (2010) 184 Cal.App.4th 1124, 1131 ["Because there is but one complaint in a civil action [c...
2022.10.14 Motion for Summary Judgment, Adjudication 214
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.10.14
Excerpt: ...rous condition of public property (Gov't 835) is denied. Defendant fails to maintain its burden of production. (See CCP 437c(p)(2).) "The papers are to be construed strictly against the moving party and liberally in favor of the opposing party; any doubts regarding the propriety of summary judgment are to be resolved in favor of the opposing party." (Kulesa v. Castleberry (1996) 47 Cal.App.4th 103, 112.) "The existence of a dangerous condition or...
2022.10.13 Motion to Compel Further Responses 341
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.10.13
Excerpt: ...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 author...
2022.10.13 Motion to Compel Further Responses 104
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.10.13
Excerpt: ... 20‐24 Propounded To Defendant Regents Of The University Of California: 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 a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the sti...
2022.10.10 Motion to Transfer 553
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.10.10
Excerpt: ...ction is the proper court for the trial of the action." (Id.; Not. 2:3.) Where defendant Flynn himself resides is not clear; his counsel's declaration does not say. It is certain, however, that ‐ as the first amended complaint (FAC) states ‐ defendant Lyft, Inc. resides in San Francisco, which is "its principal place of business." (Id. at 3:3‐5; Michael Dec. Ex. B.) Defendant Fasica Alemayehu is also pled to reside in San Francisco. (FAC 3:...
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 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...
2022.10.06 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...
2022.10.04 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 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/...
2022.09.22 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...
2022.09.19 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 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...
2022.09.16 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...
2022.09.14 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 ...
2022.09.14 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...
2022.09.13 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 ...
2022.09.01 Motion to Set Aside Dismissal 233
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.09.01
Excerpt: ...was filed less than four months after entry of default. "[C]ompliance with the statutory procedures for service of process is essential to establish personal jurisdiction. Under [Code of Civil Procedure] section 473, subdivision (d), the court may set aside a default judgment which is valid on its face, but void, as a matter of law, due to improper service." (Ellard v. Conway (2001) 94 Cal.App.4th 540, 544.) Plaintiff declares that she was never ...
2022.08.31 Petition to Compel Arbitration, Dismiss Representative PAGA Claims, Stay Action 090
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.08.31
Excerpt: ...intiff concedes that his individual claims are arbitrable. The court declines to dismiss plaintiff's representative claims because he still has standing pursuant to Kim v. Reins Int'l California, Inc. (2020) 9 Cal.5th 73, 86. Plaintiff is allegedly an "aggrieved employee" per Labor Code sec. 2699(a), (c). He does not cease to be an aggrieved employee merely because his individual claim is compelled to arbitration. In Kim, the court held that an e...
2022.08.30 Motion for Change of Venue 665
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.08.30
Excerpt: ... Attorney General Act (PAGA) complaint alleges that Labor Code violations occurred in the stores. The First District Court of Appeal holds that PAGA "venue is proper in any county in which an aggrieved employee worked and Labor Code violations allegedly occurred." (Crestwood Behavioral Health, Inc. v. Sup. Ct. (2021) 60 Cal.App.5th 1069, 1075.) Our defendant does not dispute that aggrieved employees worked in San Francisco or that Labor Code viol...
2022.08.29 Motion for Summary Judgment 671
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.08.29
Excerpt: ...nts Balfour Beatty Construction Company, Inc. ("Balfour") and ACCO Engineered Systems, Inc. ("ACCO") (collectively, "Defendants") motion for summary judgment is granted. First, Defendant Balfour argues it cannot be liable for either of Plaintiff Victor Elizondo's negligence or premise liability claims based on the Privette doctrine. (See Privette v. Super. Ct. (1993) 5 Cal.4th 689.) Since Privette courts have held that, subject to two exceptions,...
2022.08.29 Petition to Confirm Arbitration Award, for Entry of Judgment 801
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.08.29
Excerpt: ...anted, respondent's request to vacate the award is denied, and judgment shall be entered in petitioners' favor. The enumerated grounds to vacate an arbitration award are severely limited. (See CCP 1286.2 [grounds to vacate an arbitration award].) In this case respondent contends that the arbitrator exceeded his powers by concluding that petitioner Maleki could recover the restricted stock units ("RSU") despite provisions (e.g. at‐will clause, i...
2022.08.29 Motion for Summary Judgment, to Bifurcate 013
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.08.29
Excerpt: ...ty. Cross‐defendants fail to meet their initial burden of production. (CCP 437c(p)(1).) Nearly half the facts in the separate statement are improperly supported by cross‐defendants' own complaint. (See cross‐defendants' SSUMFs 1‐10, 23‐24, 28‐29; College Hospital Inc. v. Superior Court (1994) 8 Cal.4th 704, 720, fn.7 ["a party cannot rely on the allegations of his own pleadings, even if verified, to make or supplement the evidentiary ...
2022.08.26 Motion to Compel Further Responses, for Monetary Sanctions, to Seal Portions of Declaration 651
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.08.26
Excerpt: ...er Van Zandt, 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...
2022.08.26 Motion for Summary Judgment, Adjudication 419
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.08.26
Excerpt: ...ond, third, fourth, and fifth causes of action. The Court continued the motion for summary judgment and for adjudication of the first cause of action for negligence. Plaintiff was instructed to present evidence sufficient to demonstrate a triable issue of fact regarding whether the loaned vehicle was negligently maintained. Plaintiff relies exclusively on the police report attached to the declaration of Tom Shin. The police report shows Defendant...
2022.08.26 Motion for Relief to Serve Late Demand for Disclosure of Expert Witnesses 955
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.08.26
Excerpt: ...Peter Van Zandt, 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 w...
2022.08.26 Motion for Protective Order, for Sanctions 344
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.08.26
Excerpt: ... is based on the court's review of all the papers, and the referee's recommendation as modified by the court including as to sanctions. Background This action alleges gender discrimination in the workplace. Plaintiff is a transgender female previously employed as a uniformed security officer on Defendant's San Francisco campus. Plaintiff alleges harassment, discrimination, retaliation, and failure to prevent those, all in violation of the FEHA, a...
2022.08.26 Motion for Leave to File Amended Complaint 713
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.08.26
Excerpt: ...opposing party, it is error to refuse permission to amend." Morgan v. Superior Ct. of Cal. In & For Los Angeles County (1959) 172 Cal.App.2d 527, 530. "[A]bsent a showing of prejudice to the adverse party, the rule of great liberality in allowing amendment of pleadings will prevail." Bd. of Trustees v. Superior Ct. (2007) 149 Cal.App.4th 1154, 1163. Merced fails to show that it would be prejudiced if the motion is granted. Plaintiff's original co...
2022.08.26 Motion to Tax Costs 749
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.08.26
Excerpt: ...tory authority for this cost and defendant fails to show that it was reasonably necessary to conduct the litigation. Only deposition travel costs are recoverable per CCP 1033.5(a)(3)(C). 3) Court Appearance Travel Costs (Item 16) $1,476.22. There is no statutory authority for this cost and defendant fails to show that it was reasonably necessary to conduct the litigation. Only deposition travel costs are recoverable per CCP 1033.5(a)(3)(C). 4) Me...
2022.08.25 Motion for Summary Judgment 637
Location: San Francisco
Judge: Lee, Cynthia 503
Hearing Date: 2022.08.25
Excerpt: ...tain, needed evidence that decedent was exposed to asbestos containing products attributable to Defendant. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 855.) Plaintiff Robert Brown testified that he accompanied his father to Scherba's Auto Store "30, maybe 40 times" and that his father purchased Fel Pro gaskets. (Hopwood Declaration, Ex. F (June 8, 2021 Robert Brown Deposition) at 37:3‐ 8; 41:12‐15.) He further testified that his fa...
2022.08.24 Motion to Quash Records Subpoenas, for Protective Order, to Deem Admissions, to Compel Further Responses 328
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.08.24
Excerpt: ...mmunity Development Or, Alternatively, For A Protective Order. 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 a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, t...
2022.08.24 Motion to Compel Further Responses 821
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.08.24
Excerpt: ...ogatories, Set One. 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 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 Pr...
2022.08.24 Demurrer 700
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.08.24
Excerpt: ...emurrers are overruled as to the first, second, and fifth causes of action for wrongful death, negligence, and violation of the patient's bill of rights. 2. Defendants' demurrer is overruled as to the third cause of action for abuse/neglect of a dependent adult. The FAC contains specific allegations of abuse and/or neglect sufficient to constitute a cause of action for abuse/neglect of a dependent adult. (FAC, pars. 17‐51, 70‐81.) 3. Defendan...
2022.08.18 Application to Vacate Ruling 888
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.08.18
Excerpt: ...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 party appears by telephone, the stipulation may be signed via fax...
2022.08.18 Motion for Summary Judgment 840
Location: San Francisco
Judge: Lee, Cynthia 503
Hearing Date: 2022.08.18
Excerpt: ...sustained its burden of showing that Plaintiffs do not possess, and cannot reasonably obtain, needed evidence that decedent was exposed to asbestos containing products attributable to Defendant. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 855.) James Haines's testimony as to what decedent told him about his experience in the bonding shop in the late 1970s is hearsay. (Haran Declaration, Ex. O at 23:21‐24:4; 25:21‐26:9; 26:13‐16; ...
2022.08.18 Motion for Summary Judgment 620
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.08.18
Excerpt: ...n for summary judgment, or in the alternative, summary adjudication, is granted in its entirety. Plaintiff Johnny Vong is a San Francisco police officer who identifies as an Asian‐ American man of Chinese descent. (UMF 1.) He qualified for the Sergeant promotion round in 2019 but was not ultimately selected. (UMF 3.) Chief William Scott was responsible for the decision not to hire plaintiff. Plaintiff brings a complaint for race discrimination,...
2022.08.17 Motion for Summary Judgment, Adjudication 283
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.08.17
Excerpt: ...enied. Under Privette v. Superior Court (1993) 5 Cal.4th 689 and its progeny, it is assumed that a hirer delegates safety duties to the hired contractor, but a "hirer of an independent contractor can be liable for a workplace injury of the contractor's employee if the hirer retained control over the contractor's work and exercised that control in a way that 'affirmatively contribute[d]' to the employee's workplace injury. [Citation.]" (SeaBright ...
2022.08.17 Motion for Summary Judgment 928
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.08.17
Excerpt: ...(erroneously also sued as "UCSF Center for Reproductive Health and UCS Medical Center) (hereafter "Defendant") motion for summary judgment, or in the alternative, summary adjudication is denied. On a defendant's motion for summary judgment/adjudication, the defendant as moving party bears the initial burden of persuasion that there is no triable material fact as to one or more elements of that claim, or as to a complete defense thereto. (Code of ...
2022.08.16 Motion for Protective Order, to Strike 194
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.08.16
Excerpt: ...ornia 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 C...
2022.08.15 Motion to Compel Deposition, Production of Docs, for Monetary Sanctions 503
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.08.15
Excerpt: ... Documents; Request For Monetary Sanctions Against Lyft And Attorney Demian Casey: Pro Tem Judge Aaron Minnis, 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 t...
2022.08.15 Demurrer 298
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.08.15
Excerpt: ...ployee improperly watched her put the bag in the box and made copies of the key for it. (Id. at 4:24‐5:26.) "Economic Loss Doctrine." This concept does not apply here because the pled wrongful acts "may constitute both a breach of contract and an invasion of an interest protected by the law of torts." (North American Chemical Co. v. Sup. Ct. (1997) 59 Cal.App.4th 764, 774.) Conversion. Whether the bank's employees substantially deviated from th...
2022.08.12 Motion to Approve Proposition 65 Settlement and Consent Judgment 530
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.08.12
Excerpt: ... the clerk of that Department. The current motion has these issues: " Consent judgment [CJ] 1.4 refers to Alameda county; " It is unclear why the court is presented with two consent judgments when only 1 is offered for signature; " CJ 3.4: How large is the font (in order to evaluate conspicuousness)? A life‐size exemplar may also suffice to demonstrate conspicuousness; " Id. On the web site, the word "Warning" alone is not sufficient, even thou...
2022.08.11 Motion for Summary Judgment 973
Location: San Francisco
Judge: Lee, Cynthia 503
Hearing Date: 2022.08.11
Excerpt: ...ng that Plaintiff does not possess, and cannot reasonably obtain, needed evidence that she was exposed to asbestos containing products attributable to Defendant. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 855.) Defendant failed to address its response to Standard Asbestos General Order 129 Interrogatories or the deposition transcripts of James Rickey and Max Taliaferro, identified in Plaintiff's response to Defendant's special interro...
2022.08.09 Motion to Compel Responses 130
Location: San Francisco
Judge: Department 302
Hearing Date: 2022.08.09
Excerpt: ...es To Form Interrogatories Against Defendant Brentwood Blatteis Shnur, Inc. And Request For 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...

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