Excerpt: ...e 5, 3- PLAINTIFF DIANA WESTNEDGE'S Motion To Compel Further Responses By Defendant Victor Makras Doing Business As Makras Real Estate To Plaintiffs Request For Production Of Documents Set One And Request For Monetary Sanctions Against Defendant Victor Makras Doing Business As Makras Real Estate And His Attorney. [PART ONE OF TWO] Pro Tem Judge James Fleming, a member of the California State Bar who meets all the requirements set forth in C R...

Excerpt: ...anctions Against Defendant And Its Counsel Of Record, And For Evidentiary And Issue 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 ...

Excerpt: ...r the alleged contracts are written, oral or implied. (CCP 430.10(g).) Fraud is not pled with particularity. (Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 73 ["how, when, where, to whom, and by what means the representations were tendered"].) The demurrer is otherwise overruled. 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...

Excerpt: ...e party opposing arbitration bears the burden on any defense." (Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC. (2012) 55 Cal.4th 223, 236; see also Rosenthal v. Great We stern Fin. Securities Corp. (1996) 14 Cal.4th 394, 413; Gamboa v. Northeast Community Clinic (2021) 72 Cal.App.5th 158, 165 [explaining three -step process to determine existence of arbitration agreement].) In this case, plaintiff declares that he does ...

Excerpt: ... filed. 1. The trial date is August 19, 2024 at 11:15 a.m. in Department 206. a. Last day pursuant to C.C.P. section 36(f) is August 27, 2024. b. The parties shall follow the California Rules of Court, San Francisco Local Rules, and Local Rule 20. 2. The last day for hearing summary judgment/adjudication motions is August 13, 2024. a. Summary judgment/adjudication motions shall be brought on regular notice pursuant to the relevant provisions of t...

Excerpt: ...scripts of Anthony Piazza) is sustained. Even if the testimony was considered, the Court does not find that Piazza's former testimony flatly contradicts Plaintiff's respons e to Special Interrogatory No. 1 enough to shift the burden. The evidence is not what Defendant purports it to be. Piazza's failure in 1994 to recall the names of suppliers of "asbestos containing products" does not establish that he lacks or lacked infor...

Excerpt: ...cepts that allegation as true and defendant's judicially noticeable documents merely show a dispute of fact. "[J]udicial notice of matters upon demurrer will be dispositive only i n those instances where there is not or cannot be a factual dispute concerning that which is sought to be judicially noticed." (Cruz v. County of Los Angeles (1985) 173 Cal.App.3d 1131, 1134.) "A demurrer is simply not the appropriate procedure for deter...

Excerpt: ...Bar who meets all the require ments 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....

Excerpt: ...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 partie s 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 b...

Excerpt: ...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 vi a fax ...

Excerpt: ...ements 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 teleph...

Excerpt: ...2,000 Monetary Sanction. (PAR T ONE OF TWO) Pro Tem Judge Philip Ward, 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...

Excerpt: ...orm Interrogatories, Special Interrogatories, Requests For Production Of Documents, Compliance With Requests For Production Of Documents And For Monetary Sanctions. (PART ONE OF TWO) Pro Tem Judge Philip Ward, 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 he ar this motion. Prior to the hearing all parties to the motion will be asked to sign a stipula...

Excerpt: ...endant 1625 Leavenworth Street Llc To Plaintiffs Special Interrogatories Set One And Request For Monetary San ctions Against Defendant 1625 Leavenworth Street Llc And Its Attorney. (PART ONE OF THREE) Pro Tem Judge Philip Ward, 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 assigne d to hear this motion. Prior to the hearing all parties to the motion will be asked...

Excerpt: ...uments And Further Responses To Sca'S 1st Sets Of Discovery Requests. (PART ONE OF THREE) Pro Tem Judge Philip Ward, 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 mot...

Excerpt: ...onald, a me mber 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 th e 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 ...

Excerpt: ...iforn ia 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 hear d 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 Superi...

Excerpt: ...us and violent people," where Embattle provided security. (Id. at 5:24.) A male patron "twice attempted to steal Gomez' phone from her purse" and "pushed both Gomez and Co ntreras." (Id. 4:18 -22.) Later, outside the club, the male patron again pushed plaintiffs, then "pulled out a gun and shot Contreras multiple times." (Id. at 5:8 -9.) Embattle's security guards "were inadequately trained to intervene in ...

Excerpt: ... Government Code section 945.4" is denied as moot. (Petition, 1:23 -24.) Section 945.4 provides that a government claim must be filed to perfect a subsequent court action for damages. Government Code section 946.6 al lows the court to relieve the plaintiff from the failure to file a proper claim. These provisions are inapposite because the record shows that plaintiff (through prior counsel Bora Song) in fact filed a claim on April 27, 2023...

Excerpt: ...ntative ru ling part 1 of 2) Pro Tem Judge Philip Ward, 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 wil l 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 Ju...

Excerpt: ...r 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 Court Judge. If...

Excerpt: ...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 Court J...

Excerpt: ...off Plaintiff's Motion for Order Granting Preference in Setting Case for Trial, and Extending Discovery Cutoff is GRANTED under C.C.P. section 36(a). No opposition filed. 1. The trial date is August 5, 2024 at 11:15 a.m. in Department 206. a. Last da y pursuant to C.C.P. section 36(f) is August 13, 2024. b. The parties shall follow the California Rules of Court, San Francisco Local Rules, and Local Rule 20. 2. The last day for hearing summar...

Excerpt: ...4; next to a picture of two thick pats of butter. The package's "nutrition facts" list "shortening butter blend" as the second of 11 crust ingredients. In fact, the FAC alleges, the crust's butter content is negligible. Thus, the FAC pleads violations of California's unfair competition (UCL) and false advertising (FAL) laws and the state's consumer legal remedies act (CLRA), as well as fraud and unjust enrichment. ...

Excerpt: ...sdiction. (Edmunds v. Superior Court (1994) 24 Cal.App.4th 221, 228.) To establish specific jurisdiction, "[t]he plaintiff 's claims� 'must arise out of or relate to the defendant's contacts' with the forum." Ford Motor Co. v. Mont. Eighth Judicial Dist. Court, 592 U.S. 351, 359 (2021). In addition, a manufacturer can be haled into court where it makes efforts to serve the California mar ket and the sale is not an isola...