Excerpt: ... For Monetary Sanction s(tentative ruling part 1 of 2) 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 t o 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 hearin...

Excerpt: ...e ruling has been emailed to the parties.) Defendants' motion for summary judgment is denied. The court rules as follows on defendants' alternative motion for summary adjudication: The motion is denied as to cause of action one for race discrimination in violation of FEHA. The motion for summary adjudication as to the second cause of action for retaliation is denied. The motion for summary adjudication as to the third cause of action for ...

Excerpt: ...2:3 -14; TACC 19:19- 22, 21:9.) First, defendant "cannot recover restitution on behalf of others" under his unfair competition law (UCL) claim because this case is not a class actio n. (Not. 2:9-12; Amalgamated Transit Union, Local 1756, AFL -CIO v. Sup. Ct. (2009) 46 Cal.4th 993, 1005 ["all unfair competition law actions seeking relief on behalf of others �must be brought as class actions"].) Second, "attorney's fees ar...

Excerpt: ...n Code of Civil Procedure 340.6 to argue that the malpractice case is time -barred, because the complaint was filed on December 4, 2023 - purportedly more than a year after plaintiffs "suffered the injuries alleged" and "the end of" the "attorney -client relationship." (Memo. 2:3 -6.) This court assumes for argument's sake that alleged injuries were suffered before December 4, 2022. But CCP 340.6 provides that the lim...

Excerpt: ...ly co nditional non-opposition filed. 1. The trial date is July 29, 2024 at 11:15 a.m. in Department 206. a. Last day pursuant to C.C.P. section 36(f) is August 6, 2024. b. The parties shall follow the California Rules of Court, San Francisco Local Rules, and Lo cal Rule 20. 2. The last day for hearing summary judgment/adjudication motions is July 23, 2024. a. Summary judgment/adjudication motions shall be brought on regular notice pursuant to t...

Excerpt: ...ary to effectuate the arbitrator's choice of remedy. Yer ABC, LLC, the alleged assignee of defendants, argues that the court should deny this motion because it is liquidating defendants' assets and confirmation of the arbitrator's security award would conflict with governmental restrictions. Yer ABC, LLC's only proof of these restrictions is a naked declaration from one of its members. (Yorkison Decl.) There is nothing from the ...

Excerpt: ...re inconsistent with the right to arbitrate; (2) whether "the litigation machinery has been substantially invoked" and the parties "were well into preparation of a lawsuit" before the party notified the opposing party of an intent to arbitrate; (3) whether a party either requested arbitration enforcement close to the trial date or delayed for a long period before seeking a stay; (4) whether a defendant seeking arbitration filed ...

Excerpt: ...MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF BRYAN L. MALONE; EXHIBITS (ADDED FOR POSTING OF TENTATIVE RULING) (Part two of tw o) For the 9:00 a.m. Discovery calendar, all attorneys and parties are required to appear remotely. Hearings will be conducted by videoconference using Zoom. To appear at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services, " navigate to "Tentative Rulings," and...

Excerpt: ...CS INC., A CALIFORNIA CORPORATION AND FRANCIS LEE'S MOTION TO QUASH THE DEPO SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS - 260 MICHELE COURT PARTNERS LP. (ADDED FOR POSTING OF TE NTATIvE RULING) (Part two of two) Second, Defendants argue that the subpoena will "inevitably result in a violation of Defendants' and third- party financial information, tax documents, and confidential personnel records as well," but do not provide how...

Excerpt: ...he 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 st ipulation 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 S...

Excerpt: ...dividual claim and stay the representative claim is denied. First, there is no basis for reconsideration because plaintiff does not cite "new law." Plaintiff cites the concurrence in Johnson v. Lowe's Home Centers, LL C, 93 F.4th 459 (9th Cir. Feb. 12, 2024) to argue that the court should revisit its decision to stay the representative action. The court has broad discretion to determine what constitutes "new law" for reconside...

Excerpt: ...t to C.C.P. section 36(f) is July 30, 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 sum mary judgment/adjudication motions is July 16, 2024. a. Summary judgment/adjudication motions shall be brought on regular notice pursuant to the relevant provisions of the C.C.P., unless the parties stipulate otherwise. b. Before a party files and serves a summary jud...

Excerpt: ....m. in Department 206. a. Last day pursuant to C.C.P. section 36(f) is July 30, 2024. b. The parties shall follow the California Rules of Court, San Francisco Local Rules, and Local Rul e 20. 2. The last day for hearing summary judgment/adjudication motions is July 16, 2024. a. Summary judgment/adjudication motions shall be brought on regular notice pursuant to the relevant provisions of the C.C.P., unless the parties stipulate otherwise. b. Befo...

Excerpt: ... Docs Set 4 This motion is denied on procedural and substantive grounds. The first ground for denying this motion is that it is untimely as it was filed three (3) days after the date provided in the order shortening time allowing the filing of t he motion on shortened notice and the motion does not comply with the order shortening time. The second ground for denying this motion is that the separate statement submitted in support of the motion ...

Excerpt: ...dgment is denied. Defendant San Francisco Municipal Transportation Agency's ("SFMTA") motion for summary judgment is granted. CCSF's motion for summary adjudication on the general negligence and other ancillary negligence causes of actio n is granted. (The Court's complete tentative ruling has been emailed to the parties.) Friday's Law & Motion Calendar will be called out of Dept. 301. Anyone intending to appear in person ...

Excerpt: ...r received the summons and complaint," so the default and default judgment are void. (Memo. 2:18; Not. 1:26 -2:1.) It is undisputed that defendant lived at, and ran his d/b/a construction business out of, 1201 32nd Avenue, San Fra ncisco, so substitute service could be accomplished there. (CCP 415.20.) A registered process server declares under penalty of perjury that she tried to serve defendant at the address over the course of three days, ...

Excerpt: ...llular Phone Records From Metropcs By T -Mobile Or Alternatively, To Enforce Dep osition Subpoena (tentative ruling 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 will be asked to sign a stipulation agreeing that the motion may be heard by the Pro T...

Excerpt: ..., a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same au...

Excerpt: ...eets 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 m ay 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 par...

Excerpt: ...tive Order Re: Deposition Of Pla intiff Melanie Garcia; And Request For Sanctions (tentative ruling part 1 of 3) 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...

Excerpt: ...LING PART 1 OF 3) 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 agree ing 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...

Excerpt: ... filed. 1. The trial date is July 15, 2024 at 11:15 a.m. in Department 206. a. Last day pursuant to C.C.P. section 36(f) is July 23, 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 July 9, 2024. a. Summary judgment/adjudication motions shall be brought on regular notice pursuant to the relevant provisions of the C.C...

Excerpt: ... of the recipients served but rather refers the Court to "SEE TRANSACTION RECEIPT ON FILE & SERVEXPRESS WEBSITE." Even if a proper POS was on file, the motion would be denied on the merits . Plaintiff failed to provide clear and convincing medical documentation demonstrating that Plaintiff suffers from an illness or condition raising substantial medical doubt of survival beyond six months. (C.C.P. Section 36(d).) Counsel refers to the De...

Excerpt: ... 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 will be asked to sign a s tipulation 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...

Excerpt: ...tember 28, 2023, a laborer was killed in a trench collapse. The construction company does not deny that agents of the construction company, Filiberto Poblano, John D'Arcy and John W. Tobin, wer e supervising site safety, managing the work and/or present on the day of the trench collapse. Pursuant to its authority under the Government and Labor Codes, the petitioner pursues an investigation to determine whether there were any violations of law...