Excerpt: ...ded evidence of asbestos exposure and causation. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal.4th 826, 855.) 1. With respect to Plaintiffs' special discov ery responses as factually devoid, Defendant meets its initial burden. a. The Court did not consider the following responses from Plaintiffs to Defendant's separate statement of undisputed material facts ("UMFs"). (i) Plaintiffs' response to UMF No. 3 (dis puting the charac...

Excerpt: ...korian Family Trust dated August 29, 2002, San Mateo County Superior Court Case No. 22 -PR -01155 (the "Probate Case"). In this attorney malpractice case, plaintiff alleges that defendant helped amend the family trust in such a manner that plaintiff's mother's testamentary intent was undermined. (Complaint, pars. 15, 17.) Defendant's motion for judgment on the pleadings argues that defendant did not act negligently and the Thi...

Excerpt: ...ault judgment is denied. After the court str uck defendant's answer and it failed to obtain counsel and file a proper response to the complaint, there was nothing preventing plaintiff from requesting and the clerk entering a default. Plaintiff had the right to dismiss its cross -complaint and defendan t's answer did not plead a viable claim. As this court previously ruled, affirmative relief may not be sought in the answer. (Aetna Casualt...

Excerpt: ...ed. The FAC adequately pleads negligence and wrongful death against Kaiser Foundation Health Plan, Inc. (Id. at 19:28 -21:2, 26:21 -27:2.) The demurrer is based on the notion that the FAC "p leads a claim under Civil Code 3428," but it does not. (Memo. 4:9: Opp. 4:24 -25.) Moreover, defendants and others may be jointly and severally liable, and agency theories are pled. (PacifiCare of California v. Bright Medical Associates, Inc. (2011) ...

Excerpt: ...era's motion to summarily adjudicate his Private Attorneys General Act ("PAGA") cause of action is denied. Under CCP 437c(f)(1), "[a] motion for summary adjudication shall be granted only if it completely disposes of a cause of action." (See also Paramount Petroleum Corp. v. Superior Court (2014) 227 Cal.App.4th 226, 242 ["A determination of liability alone does not completely dispose of the cause of action"].) Here, Viera fails to present eviden...

Excerpt: ...t of the March 11, 2024, trial date. Defendants were aware that plainti
¯ consulted with counsel regarding the o
¯er on May 5, 2022, but did not diligently pursue the issue. (Aburish Decl. par. 2, Ex. A [Aburish email 5/5/2022 at 5:11 p.m.].) Rather, defendants actively litigated the case. (See Trident Labs, Inc. v. Merrill Lynch Commercial Finance Corp. (2011) 200 Cal.App.4th 147 [unreasonable to enforce forum selection clause after 19 months ...

Excerpt: ...ciÞc facts showing how the injury occurred, but there are limits to the generality with which a plainti
¯ is permitted to state his cause of action" (Berkley v. Downs (2007) 152 Cal.App.4th 518, 527 [internal quote marks omitted].) This FAC exceeds those limits. Plainti
¯s' own statement of their case makes the Berkley point. The Giants are said to have "operated the bubble soccer game in a negligent manner." How? The Giants are said to have ...

Excerpt: ...s application for good faith settlement determination" is denied. Frost was a minor player in this construction defect dispute. He was paid $13,600 for preparing a "settlement su
¯iciency analysis." (Oliveira Dec. 3:17-18.) He settled with plainti
¯ for $50,000 in a negotiation supervised by a respected mediator. (Id. at 3:20-22.) The settlement's good faith is further supported by declarations from plainti
¯'s and Frost's counsel. As is typic...

Excerpt: ...Awarding Monetary Sanctions Pro Tem 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 ...

Excerpt: ...or $7000.00 In Monetary Sanctions Against Defendant Blue Note Therapeutics Inc Defendant Geo
¯ Eich And Their Counsel Gordon Rees Scully Mansukhani Llp Pro Tem 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...

Excerpt: ...because ambiguities can be clarified under modern discovery procedures." (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Here, the SAC sufficiently identifies which rules apply to which plaintiff at paragraphs 130-133. Plaintiffs have therefore cured the uncertainty that was present in the First Amended Complaint and discovery can alleviate any ambiguity that defendant presently perceives. For the 9:30 a.m. Law & Motion cal...

Excerpt: ...they can do so in good faith. The FAC pleads that plainti
¯s' decedent was killed in a high-speed tra
¯ic collision while defendant Andrew Burgher was drunkenly driving for Uber Eats and that Checkr performed a faulty background check on Burgher for Uber. (See, e.g., FAC 15:17-17:2, 23:20-24:5.) Negligence. Burgher has a criminal history including two driving under the inßuence convictions not mentioned in Checkr's background report. (See, e.g...

Excerpt: ...initial burden of production and show that defendants did not breach the standard of care, nor did they cause injury to decedent. (Madden Decl., Ex. D [Parrett Decl., pars. 1-15].) Indeed, plainti
¯ admits that defendants shifted the burden. (Opposition 4:1-10.) When a defendant moves for summary judgment and supports its motion with an expert declaration that its conduct fell within the standard of care, the defendant is entitled to summary jud...

Excerpt: ... 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 stipulation ma...

Excerpt: ...o 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 given by email. If...

Excerpt: ...ART 1 OF 4) 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 before the Judge Pro Tem who wi...

Excerpt: ...ions(part 1 of 2) 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 Pro ...

Excerpt: ...Federateds Request For Production, Set Three, From Plaintiff A.W. Miller Enterprises, Inc. 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 moton may be heard by the Pro Tem Judge. If all parties to the moti...

Excerpt: ...arties to arbitration proceedings may apply to the superior court for writs of attachment if, among other requirements, an award to the petitioner "may be rendered ineffectual" without such relief. (CCP 1281.8.) Apparent insolvency or other evidence of severe financial difficulties can satisfy the ineffectual relief requirement. (California Retail Portfolio Fund GMBH & Co. KG v. Hopkins Real Estate Group (2011) 193 Cal.App.4th 849.) This can be i...

Excerpt: ...court for taking advantage of the San Francisco community's generous social services and then vexa
Ÿously suing the service providers, including individual people. "The vexa
Ÿous li
Ÿgant statutes were enacted to require a person found a vexa
Ÿous li
Ÿgant to put up security for the reasonable expenses of a defendant who becomes a target of one of these obsessive and persistent li
Ÿgants " (Golin v. Allenby (2010) 190 Cal.App.4th 616, 634.)...

Excerpt: ...y Defendant Golden Gate Drywall and Defendant Westburne Supply, Inc. Joinder to Golden Gate Drywall's opposition filed by Frederick Meiswinkel, Inc. Reply filed by Plaintiff. 1. The trial date is May 6, 2024 at 11:15 a.m. in Department 206. a. Last day pursuant to C.C.P. section 36(f) is May 17, 2024. b. The parties shall follow the California Rules of Court, San Francisco Local Rules, and Local Rule 20 except as noted below. 2. The last day for ...

Excerpt: ...efendant's separate statement. The following fail to unequivocally state whether Defendant's stated material facts are disputed or not: Nos. 5; 7; 8; 10; 11; 14; and 16. (Cal. Rules of Ct., rule 3.1350, subd. (f)(2).) The following fail to unequivocally state whether Defendant's stated material facts are disputed or not and, if disputed, fail to cite to evidence supporting that position: Nos. 16 through 24. (Ibid.) The following confound the natu...

Excerpt: ...s previous 'motion to set aside default and leave to defend.' "The name of the motion is not controlling, and, regardless of the name, a motion asking the trial court to decide the same matter previously ruled on is a motion for reconsideration under Code of Civ-l Procedure section 1008." (Powell v. County of Orange (2011) 197 Cal.App.4th 1573, 1577.) A reconsideration motion must be "based upon new or different facts, circumstances, or law" and ...

Excerpt: ...show that one or more elements of plaintiff's claims "cannot be established." (CCP 437c(p)(2).) On summary judgment, "[t]he moving party's evidence must be strictly construed, while the opposing party's evidence must be liberally construed." (Binder v. Aetna Life Ins. Co. (1999) 75 Cal.App.4th 831, 838.) To establish her negligence/premises liability causes of action, plaintiff must present evidence of actual or constructive notice of the dangero...

Excerpt: ...gment On Part Of The Pleadings, As To Causes Of Acton Numbers One And Two In Plaintiff Third Amended Complaint, Without Leave To Amend And Exhibits 1-6 Requested For Judicial Notice [C.C.P. 438, Et Seq.] California College of the Arts (CCA) moves for judgment on the pleadings as to causes of action 1 and 2 of the third amended complaint (TAC) on standing grounds. The issues raised in CCA's motion (and plaintiffs responses thereto) appear largely ...