Excerpt: ...by a contract. In it, the parties agreed that courts in San Francisco would have "exclusive jurisdiction' cwer "any dispute or lawsuit arising out of" the contract. (See Jaworski Decl., Ex. E.) For decades, the courts have validated such selection clauses. (Smith, Valentino & Smith, Inc. v. Superior Court (1976) 17 Cal.3d 491, 495-496.) Defendants do not dispute this, but argue that the contract language does not give this court personal jurisdic...

Excerpt: ...compel arbitration of Plaintiffs (Maximillian Jones) individual PAGA claims is granted. Plaintiffs representative PAGA claims are ordered stayed pending arbitration of the individual PAGA claims. (9 U.S.C. sec. 3.) The Federal Arbitration Act (FAA) makes agreements to arbitrate "valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. ' (AT&T Mobility LLC v. Concepcion (2011) 563...

Excerpt: ...quirements 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 te...

Excerpt: ...ted. The court severs the cause of action for writ of mandamus against the Commissioner of the Department of Insurance and directs the Clerk of the Court to assign a new case number to that claim. Plaintiff's claims for breach of contract and breach of the implied covenant of good faith and fair dealing will proceed under the existing case number (CGC-23-605589). For the reasons below, the court denies defendant's request to transfer the breach o...

Excerpt: ...February 27, 2023, the court issued an order stating that defendant's moton was "denied." (Order Denying Arbitration, 1:26.) The motion was not denied "without prejudice" and therefore, defendant needs to comply with the prerequisites of CCP IW8(b) for this renewed motion. Defendant fails to meet its burden. Defendant fails to demonstrate new facts or diligence. (Even Zohar Construction & Remodeling, Inc. v. Bellaire Townhouses, LLC (2015) 61 Cal...

Excerpt: ...equately pleads the elements of an Unruh Act claim. (CACI 3060.) Plaintiff alleges she is disabled and defendants denied her full and equal access to public space in their condominium building by a series of unsafe and/or illegal conditions. (See, e.g., Cmplt. at 1:21-4:23, 6:28-18:8, 22:11-22, 27:22-23.) Where ADA- mandated access is at issue in an Unruh Act case, intentional discrimination is not required. (Munson v. Del Taco, Inc. (2009) 46 Ca...

Excerpt: ...ite Inspection And Request For Monetary Sanction. Pro Tem Judge Robert Kane, 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 p...

Excerpt: ...d As Anneta Realty Group, Lp) For Entry Of Dismissal Of Action Defendant ANNETA REALTY CORP.'s motion to dismiss is denied. Defendant can file this motion since it is not in default. Plaintiff defaulted a defunct entity-"Anneta Realty Group, LP". (Luthin Decl., par. 14, Ex. 10.) Plaintiff filed this action on March 2, 2021. On June 29, 2021, plaintiff filed an amended complaint that added movant's prior iteration as a defendant. On August 25, 202...

Excerpt: ...ie Declaration: Exhibit A (Plaintiff's Complaint); Exhibit B (Plaintiff's Preliminary Fact Sheet); and Exhibit C (Defendant's Answer to Plaintiff's Complaint). The Court considered Exhibits D through I and Exhibits K through L in the Ketchie Declaration. The Court sustains Plaintiff's objections to Exhibit J in the Ketchie Declaration (relevant portions of the Deposition Transcripts of Richard Bergeron, Defendant's Corporate Representative) and P...

Excerpt: ...rdell, 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 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 ...

Excerpt: ...o 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 sig...

Excerpt: ...'s bank account, to which he complied. Both sides claim they were not hacked and point blame at the other. Defendant now asks that the motion to enforce settlement be denied because "it is not clear which party is most greatly at fault" according to the unreported case Meritdiam, Inc. v. Facets Fine Jewelry, LLC, 2015 WL 12660377 (C.D. cal. Apr. 27, 2015). However, Meritdiam is not persuasive on these facts. Defendant fails to cite any relevant c...

Excerpt: ...IVE RULING ONLY, PART 2 OF 2) Second, even if there had been more substantial meet and confer efforts, the relief that Plaintiff seeks would not be justified. Plaintiff seeks to disqualify Defendant's counsel, vacate a prior award and obtain a substantial award of sanctions. None of this extraordinary relief would be justified to sanction disagreements about the adequacy of responses to written discovery, where there has been no prior order to co...

Excerpt: ...ed an order stating: "NY Life's motion to change venue based upon the convenience of the witnesses and ends of justice is denied." (2:22-23.) NY Life points to no portion ofthat order or citation to the reporter's transcript from the oral argument where the court denied the motion "without prejudice." Therefore, NY Life is required to comply with the prerequisites of CCP 1008(b) for this renewed motion. NY Life fails to meet fts burden. First, th...

Excerpt: ...y of great liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial, this policy should be applied only where no prejudice is shown to the adverse party." (Atkinson v. Elk Corp. (2W3) 109 Cal.App.4th 739, 761.) Prejudice exists where the amendment would result in a delay of trial along with added cost of preparation and increased burden of discovery. (Edmon & Karnow, CALIFORNIA PRACTICE GUIDE...

Excerpt: ...ce defendant since there is no trial date and the amendment does not change the tenor of the case. Judicial estoppel does not prevent plaintiff from seeking to plead a claim under sec. 1510(b)(1) of the unclaimed Property Law (CCP 1500 et seq. ("UPL").) The judicial estoppel "doctrine applies when the same party has taken two positions; (2) the positions were taken in judicial or quasi-judicial administrative proceedings; (3) the party was succes...

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...

Excerpt: ... complaint pursuant to Code of Civil Procedure section 418.10, which is unopposed, is GRANTED IN PART AND DENIED WITHOUT PREJUDICE IN PART. The court quashes Plaintiff Scott Batchelor's service of summons and service of his original complaint. (See Code Civ. Proc., 418.10, subd. Specially-appearing Defendants request that the court "quash" its April 21, 2023 order granting leave to file the original complaint under seal is denied without prejudic...

Excerpt: ... 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 Supe...

Excerpt: ... 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, the stipulatio...

Excerpt: ...ETITION FOR WRIT OF MANDATE AGAINST RICARDO LARA AS COMMISSIONER OF THE CALIFORNIA DEPARTMENT OF INSURANCE (PART 2 OF 2, FOR TENTATIVE RULING PURPOSES ONLY) For the 9:30 a.m. Law & Mohon 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 Services,' navigate to "T...

Excerpt: ...y is pled. The complaint says defendant photographed private areas of plaintiffs' home from a neighbor's property without permission from anyone. It is also pled that one of defendant's photos included a window of plaintiffs' minor children and that he "had been researching the læation of [the] children s bedroom." Defendant used one photo of plaintiffs' home in an unsuccessful "discretionary review application" he filed with the city planning c...

Excerpt: ...court accepts plaintff's late-filed opposition. Defendant was not prejudiced and substantively responded to the late filing. Plaintiff alleges a sufficient relationship between plaintiff and defendant for the concealment claim. (Dhital v. Nissan N. Am. Inc. (2022) 84 Cal.App.5th 828, 844 [allegations that plaintiff purchased vehicle from Nissan dealership, that Nissan issued a warranty, and dealership was agent of Nissan were suffcient to show re...

Excerpt: ... The attorney-client relationship was governed by the attorney representation agreement (ARA) attached to the complaint. Most of defendant's demurrer arguments are based on her notion that the ARA had to be modified for plaintiffs interpretation of it to prevail. Plaintiffs, on the other hand, insist no modification was needed or occurred. If, as here, a contract is attached to a complaint, plaintiffs interpretation must be accepted as correct on...

Excerpt: ...TED. The court orders plaintiffs individual PAGA claim to arbitration and stays his representative PAGA claim pending arbitration per Code of Civil Procedure section 1281.4. The main point of dispute is the issue of a stay. The court finds the individual and representative PAGA claims both require resolution of the "aggrieved employee" question. (See Lab. C. , 2699(c).) On the issue of whether a stay is necessary, Jarboe v. Hanlees Auto Group (20...