Excerpt: ...al the docket is denied. The First Amendment provides a right of access to civil trials and proceedings, including civil litigation documents filed in court as a basis for adjudication. (NBC Subsidiary (KNBC‐TV), Inc. v. Super. Ct. (1999) 20 Cal.4th 1178, 1208‐1209 & fn. 25.) Under rules 2.550 and 2.551 of the California Rules of Court, the court may order a record sealed only upon making express findings that (1) There exists an overriding i...

Excerpt: .... Defendant has shown an exceptional circumstance of the death of its designated expert before trial set for May 8, 2023 for the Court to permit the motion to be made under C.C.P. section 2034.610(b) after the expert discovery cutoff date. (Hopwood Decl. para. 4.) All conditions are satisfied for the Court to grant leave to augment under C.C.P. section 2034.620. The Court considered the minimal extent to which Plaintiffs have relied on Defendant'...

Excerpt: ...is denied. The existence and terms of a contract are not proper subjects of judicial notice when the opposing party objects. (Travelers Indemnity Co. of Connecticut v. Navigators Specialty Ins. Co. (2021) 70 Cal.App.5th 341, 354‐355 & fn. 9 [trial court erred in sustaining demurrers to equitable contribution and equitable indemnity causes of action]; compare Chacon v. Union Pacific Railroad (2020) 56 Cal.App.5th 565, 572 [trial court did not er...

Excerpt: ...rbitration agreements, theirs permits a party to "seek provisional injunctive relief" from a court "to ensure that the relief sought in the arbitration is not rendered ineffectual by interim harm." (Heaps Dec. Ex. 1 21(d).) This is particularly apt where, as here, an arbitration demand had been filed, but no arbitrator yet selected. Plaintiff sought provisional injunctive relief from this court under the arbitration agreement. (Id.) Claiming it p...

Excerpt: ...y Sanction. 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 the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who...

Excerpt: ... Fees. Plaintiff's motion for judgment on the pleadings ‐ the functional equivalent of a demurrer ‐ is denied. In People ex rel. Becerra v. Sup. Ct. (2018) 29 Cal.App.5th 486, as here, plaintiffs moved for judgment on the pleadings against the state of California. As here, the state's answer denied all material allegations. (Id. at 499.) Judgment was nonetheless granted. The Court of Appeal reversed, holding: "the trial court should have deni...

Excerpt: ...R CORPORATION) motion for summary judgment is granted. The undisputed evidence demonstrates that defendants are mere insurers and it is improper to name then as defendants in an action against their insured, who is the alleged tortfeasor. (See Coleman v. Republic Indemnity Ins. Co. (2005) 132 Cal.App.4th 403 [third party claimants generally cannot sue insurers]; Shaolian v. Safeco Ins. Co. (1999) 71 Cal.App.4th 268, 271["Because the insurer's dut...

Excerpt: ... of the complaint and request for dismissal filed by Defendant in support of the motion as Exhibits A and B, respectively, in the Kelly Declaration. The Court considered Exhibit C and citations to Exhibit C that included reference to the exhibit, title, page, and line numbers. (CRC 3.1350(d)(3).) The Court did not consider undisputed material fact #11 and Exhibit D because it is argument, and the separate statement should include only material fa...

Excerpt: ...rging order against the transferable interest of the judgment debtor for the unsatisfied amount of the judgment. A charging order constitutes a lien on a judgment debtor's transferable interest and requires the limited liability company to pay over to the person to which the charging order was issued any distribution that would otherwise be paid to the judgment debtor." (Cal. Corp. sec. 17705.03.) This court entered a judgment in favor of Plainti...

Excerpt: ... [and/or harassment] based on sexual orientation under the Fair Employment and Housing Act." (Dmr. Not. 3:4‐11.) I disagree. While this is in the main a whistleblower case, the FAC also adequately pleads the elements of FEHA discrimination and harassment claims. (See, e.g., CACI 2500, 2522A; FAC 2:4‐8, 2:26‐3:4, 3:9‐25, 8:22‐12:27, 15:10‐16:22.) In modern practice, demurrers are of diminished importance; "wherever possible, cases shou...

Excerpt: ...nt. The "motion to vacate and set aside the January 5, 2022 dismissal of Mitchell Engineering's cross‐complaint" is denied. The motion is based on the claim that Mitchell president Curtis Mitchell was "surprised by the dismissal." (7/1/22 Memo 2:1‐9, 4:6‐14; CCP 473(b) ["surprise"].) However, the deposition of Mitchell's lawyer has now been taken and it establishes that she addressed the cross‐complaint's dismissal with Mr. Mitchell and h...

Excerpt: ..." Lyft's "transportation network carrier [TNC] platform" "[a]t the time" plaintiff "entered his vehicle." (FAC 2:10‐21.) The Lyft driver "abandoned" plaintiff at a BART station, where she was "kidnapped, sexually battered and raped." (Id. at 2:22‐27.) These pled facts must be taken as true on demurrer. (Del E. Webb Corp. v. Structural Materials Corp. (1981) 123 Cal.App.3d 593, 604.) The demurrer argues that Lyft owed plaintiff no duty. For th...

Excerpt: ... DEFENDANT MARIO SILVA GAVAO's Motion To Compel Plaintiff Rolin Smith's Further Verified Responses To Request For Production Of Documents, Set Two, To Produce Documents And A Privilege Log, Request For Monetary 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 th...

Excerpt: ...ction. The body of the motion, however, seeks dismissal for a different reason‐failing to bring this action to trial within three years of the filing. This inconsistency renders the motion defective. Second, the motion lacks merit. Defendant fails to show that a discretionary dismissal per CCP 583.420(a)(2)(A) [bring to trial within three years] is warranted. The pandemic and defendant's serial and unmeritorious motions to vacate have delayed p...

Excerpt: ... MARINA GABRIEL's Motion Regarding Defendant Sandra Mcgee's Failure To Comply With The Courts August 1, 2022 Order Regarding Payment Of $3,321.50 In Sanctions; Request For Additional Monetary Sanctions Against Defendant Sandra Mcgee And Her Attorney Of Record, Emmanuel Enyinwa, In The Amount Of $1,722.87: Pro Tem Judge John‐Paul Deol, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a tempor...

Excerpt: ...bility ... are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. (Civ. Code, SEC. 51, subd. (b).) A plaintiff can recover under the [Unruh Act] on two alternate theories: (1) a violation of the ADA (Civ. Code, SEC 51, subd. (f)); or (2) denial of access to a business establishment based on intentional discrimination." (Martinez v. Cot'n Wash, Inc...

Excerpt: ...t as a matter not subject to dispute. (See Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113 ["Taking judicial notice of a document is not the same as accepting the truth of its contents or accepting a particular interpretation of its meaning."]; Chacon v. Union Pacific Railroad (2020) 56 Cal.App.5th 565, 573 ["Although the existence of a document may be judicially noticeable, the truth of the statements contained in t...

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...

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...

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 ...

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...

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...

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...

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. ...

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 ...

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...

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...

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...

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.,...

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...

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 ...

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 ...

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 ...

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 "...

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 ...

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,...

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...

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...

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...

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...

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). ...

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 ...

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: ...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...

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,...

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...

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...

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...

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...

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...

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...

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 ...

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...

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 ...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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:...

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...

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...

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...

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...

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...

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 ...

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...

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...

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 ...

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...

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...

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/...

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...

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...

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...

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...

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...

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...

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 ...

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...

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 ...

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...

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...

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...

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 ...

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 ...

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...

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...

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...

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 ...

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,...

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...

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...

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...

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...