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2798 Results

Location: San Francisco x
2021.12.07 Motion to Vacate Void Default Judgment, for Reconsideration 309
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.12.07
Excerpt: ...d to the plaintiff, if there is no answer, cannot exceed that demanded in the complaint, in the statement required by Section 425.11, or in the statement provided for by Section 425.115"; see also Code Civ. Proc. sec. 585(a) [same].) "In all default judgments, the demand sets a ceiling on recovery." (Greenup v. Rodman (1986) 42 Cal.3d 822, 824.) "Because that ceiling is jurisdictional, a default judgment is void when the damages are in excess of ...
2021.12.07 Demurrer, Motion to Strike 602
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.12.07
Excerpt: ...ration Limited, that was to be acquired by a third party, and that after the predicted sale failed to materialize, defendant falsely promised to remit a portion of his investment and to enter into a repayment plan, but never repaid the funds. In the sixth cause of action for violation of California Penal Code section 496, plaintiff alleges that defendant has unlawfully converted his $60,000 investment to her own use, and that he is entitled under...
2021.12.03 Motion to Strike, for Good Faith Settlement 770
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.12.03
Excerpt: ...d. Plaintiffs sued Milgard for equitable indemnity and associated counts. Milgard made a CCP 998 offer for waiver of fees and costs. Plaintiffs did not accept, then lost Milgard's motion for judgment on the pleadings - a loss that involuntarily dismissed Milgard and made it the prevailing party. Plaintiffs fail to carry their burden to show that the CCP 998 was a bad-faith token offer. (Santantonio v. Westinghouse Broadcasting Co., Inc. (1994) 25...
2021.12.03 Motion to Compel Discovery Responses 175
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.12.03
Excerpt: ..., 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 fax or consent to si...
2021.12.03 Demurrer 849
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.12.03
Excerpt: ... the first amended complaint (FAC) are overruled and sustained as follows: Duty: As defendant notes, duty is an element of a professional negligence cause of action, but the FAC does not purport to plead that cause of action. Duty is not an element of causes of action pled by the FAC. (See, e.g., CACI 1704, 1900, 1903, 1600.) Intentional Interference With Contractual Relations (5). An element of this tort is that defendant's intentional acts were...
2021.12.02 Motion to Set Aside Default, Judgment, for Leave to Defend 091
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2021.12.02
Excerpt: ...laint‐In‐Intervention is GRANTED in part and DENIED in part. Proposed Intervenor's request for judicial notice is granted as to Exhibits A and B. (Evidence Code section 452(d).) Plaintiff's objection to Intervenor's request for judicial notice is denied as to Exhibits J and M based on relevance. (Evidence Code section 352.) Intervenor's objection to Plaintiff's Exhibit A to its opposition is sustained based on relevance. (Evidence Code 352.) ...
2021.12.02 Demurrer 273
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.12.02
Excerpt: ... for false promise are overruled. Paragraphs 41 and 49 of the First Amended Complaint plead the fraud allegations with sufficient particularity. Plaintiff alleges that defendant made oral false representations to it at a meeting on November 6, 2013. Plaintiff specifically identifies the multiple false statements. While plaintiff originally believed that Mr. Dayton may have had a part in making those representations and now believes he did not, de...
2021.12.01 Demurrer 076
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.12.01
Excerpt: ...ls. Plaintiff fails to state specific facts, and her claim for personal injuries is time‐ barred as stated above. Plaintiff's cause of action for intentional destruction or loss of personal property and effects fails. All Plaintiff alleges is that Defendants told her they did not have her property and that they "discarded her property" 20 days after dismissing her from the facility. (FAC at par. 76.) This is not a cognizable claim for property ...
2021.12.01 Application for Right to Attach Order, for Issuance of Writ of Attachment 657
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.12.01
Excerpt: ...ach Order And Issuance Of Writ Of Attachment & Payment For Court Reporter Fee. (Tentative Ruling Purposes Only Part 3 Of 3) Finally, Plaintiff shall file a bond in the amount of $10,000. (See Code Civ. Proc. sec. 489.220(a) ["Except as provided in subdivision (b), the amount of an undertaking filed pursuant to this article shall be ten thousand dollars ($10,000].") CSF requests the Court to order Plaintiff to post a bond in the amount of $1,000,0...
2021.11.30 Petition to Vacate Arbitration Award 601
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.30
Excerpt: ... was to decide were limited to (1) whether petitioner "violate[d] the collective bargaining agreement" and (2) "[i]f so, what shall the remedy be?" However, the award found violations of "federal law." The arbitrator thus exceeded his powers and the award must be vacated. (CCP 1286.2(a)(4); Delta Lines, Inc. v. International Brotherhood of Teamsters (1977) 66 Cal.App.3d 960; see also California Dept. of Human Resources v. Service Employees Intern...
2021.11.30 Motion to Dismiss for Failure to Prosecute Action 560
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.30
Excerpt: ...t St. Paul Fire and Marine Insurance Co.'s "motion to dismiss for failure to prosecute action" is denied. First, dismissal under CCP 583.410 and 583.420 is discretionary and California's courts have long had a strong policy of deciding cases on their merits. (Denham v. Sup. Ct. (1970) 2 Cal.3d 557, 564; Woolfson v. Personal Travel Service, Inc. (1971) 3 Cal.3d 909, 912.) Second, the motion is belated; it complains that the suit was served in Augu...
2021.11.24 Motion for Issuance of Letter of Request for International Judicial Assistance 341
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.24
Excerpt: ...ts 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,...
2021.11.23 Motion to Vacate Order Granting Motion to Quash 312
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.23
Excerpt: ... mistake, inadvertence, surprise, or excusable neglect within the meaning of Code of Civil Procedure section 473(b). Indeed, the evidence demonstrates that plaintiff was aware of the motion but made a tactical decision not to respond to it. (Lavoipierre Decl., Ex. B ["I do have actual notice of your motion to quash, and actual notice that you have set a hearing thereon for August 6, 2021. Be advised and able to inform whomever requests this infor...
2021.11.19 Motion to Compel Further Responses 961
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.19
Excerpt: ...o 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 a p...
2021.11.18 Motion to Compel Responses 280
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.18
Excerpt: ...ompel on less than the 16 court days (plus two days for service) notice required by Code of Civil Procedure section 1005(b), did not oppose the motion on its merits, and stood on its objection on timeliness grounds at the hearing and in subsequent briefing before the judge pro tem. Under the circumstances, the objection is preserved. (See, e.g., Weinstein v. Blumberg (2018) 25 Cal.App.5th 316, 320-322 [party that objected that motion to compel wa...
2021.11.17 Motion to Seal Records, to Stay or Dismiss 264
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.17
Excerpt: ...nt. Plaintiff's unopposed motion to seal records lodged in support of Plaintiff's opposition to defendants' motion to stay or dismiss verified complaint is granted. No opposition filed and the motion complies with California Rules of Court, Rules 2.550 and 2.551. The Court finds that there exists an overriding interest that overcomes the right of public access to the portions of the records to be sealed; the overriding interest supports sealing t...
2021.11.17 Motion to Compel Production of Docs, for Sanctions 935
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.17
Excerpt: ... Requests For Production Of Documents From Plaintiffs Forward Food Group, LLC And FFG Restaurant Group, Inc. And For Sanctions. Pro Tem Judge Peter Catalanotti, 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 ...
2021.11.17 Demurrer 486
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.17
Excerpt: ... immune from this suit. The doctrine of judicial immunity has been extended to arbitration organizations such as AAA because they perform ''the function of resolving disputes between the parties, or of authoritatively adjudicating private rights.'' (In re Marriage of Assemi (1994) 7 Cal.4th 896, 909 (citation omitted); see also Stasz v. Schwab (2004) 121 Cal.App.4th 420, 430 [same].) Petitioner therefore cannot maintain this action against AAA. P...
2021.11.16 Motion to Quash Subpoena, for Monetary Sanctions 905
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.16
Excerpt: ...dge Seeking Plaintiff's Medical And Penitential Records; Request For Monetary Sanctions In The Amount Of $1,435 Against Counsel For Defendant And Defendant. 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 ...
2021.11.16 Motion to File SAC 440
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.16
Excerpt: ..., the trial court has the discretion to hear and determine motions to amend the pleadings. (Clark v. Baxter Healthcare Corp. (2000) 83 Cal.App.4th 1048, 1055‐1056; see also Dye v. Caterpillar, Inc. (2011) 195 Cal.App.4th 1366.) The court notes that Plaintiffs previously declined to seek leave to amend, as the Court of Appeal observed. (See slip op. at 8 [Plaintiffs "disclaimed any intention to amend their claims"]). The court further notes that...
2021.11.12 Petition for Writ of Mandate, Prohibition, Certification 388
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.12
Excerpt: ...ve [sic] mandamus" is sustained on each of its three grounds. First, the petition is unverified and thus procedurally defective. Second, a writ of administrative mandamus addresses a "final administrative order or decision made as a result of a proceeding in which by law" a hearing is held, evidence taken and facts determined. (CCP Sec. 1094.5(a).) The filing and recording of title documents is not such an order or decision, so the petition fails...
2021.11.12 Petition for Relief from Provision of Government Code 587
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.12
Excerpt: ...er relieving petitioners from the provisions of Government Code section 954.4 [sic]" is granted. Petitioners ‐ adult children of Richard Selph ‐ allege that dangerous road conditions on San Francisco's Market Street caused him to lose control of a motor scooter and crash on December 30, 2020. He died January 19, 2021. On May 18, 2021, Selph's widow filed a timely claim against the City and County of San Francisco. However, the four petitioner...
2021.11.12 Demurrer, Motion to Seal Docs 931
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.12
Excerpt: ...(1999) 71 Cal.App.4th 1335, 1339.) While a "tort claim can be consolidated with a pending dissolution action under suitable circumstances," no consolidation is sought here. (Id.) Release. Peter argues that Keri's civil claims were released by a family law settlement, but that agreement expressly excepts "all civil claims" from release. (Agmt. para. 7.1) Peter's recharacterization of Keri's civil claims as "family law" claims would effectively rea...
2021.11.10 Motion for Summary Judgment 899
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2021.11.10
Excerpt: ...ng product for which Defendant may be liable. Defendant has failed to shift the burden on this ground. Based on Plaintiff's deposition testimony, which is the only evidence Defendant offers, Defendant has not shown that Plaintiff does not possess, and cannot reasonably obtain, needed evidence that he was exposed to asbestos containing products attributable to Defendant. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 855.) Plaintiff testif...
2021.11.10 Motion to Consolidate 665
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.10
Excerpt: ...e "Reynolds" action) for all purposes is granted. The Court designates case CGC‐20‐588665 as the lead case and all future filings shall be made under that case number. Under Code of Civil Procedure section 1048, the Court has broad discretion to consolidate actions with common questions of law or fact. (National Elec. Supply Co. v. Mt. Diablo Unified School Dist. (1960) 187 Cal.App.2d 418, 421.) In this case, it is undisputed the two actions ...
2021.11.08 Motion to Set Aside or Vacate Judgment 300
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.08
Excerpt: ...February 2, 2021 is denied as untimely. The motion was brought on October 4, 2021 under Code of Civil Procedure section 473(b) on grounds of mistake, inadvertence, surprise or excusable neglect. "Application for this relief . . . shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken." (Code Civ. Proc. Sec. 473(b) (emphasis added).) "The six‐month limit is mandatory...
2021.11.05 Motion for Summary Judgment, Adjudication 770
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.05
Excerpt: ...material fact as to their cause of action for equitable indemnity. (See Cal. Code Civ. Proc. Sec 437c(c).) In October 2019, following an arbitration proceeding regarding an underlying construction defect claim initiated by Claimant Armstrong Place Townhomes Association against Plaintiffs, Claimant and Plaintiffs entered into a settlement agreement. Plaintiffs seek equitable indemnity from Defendants for a portion of $12 million paid under the set...
2021.11.03 Request for Relief from Entry of Default 996
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.03
Excerpt: ...te entry of default is denied. Plaintiff fails to prove by a preponderance of the evidence any basis for equitable relief. (Iott v. Franklin (1988) 206 Cal.App.3d 521, 528 ["The burden of establishing [mistake, inadvertence, surprise or excusable neglect] is upon the party seeking relief who must prove it by a preponderance of the evidence."].) Plaintiff failed to file a responsive pleading within 30 days of being served with Defendant's cross-co...
2021.11.03 Petition to Compel Arbitration 592
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.03
Excerpt: ...pending since 2019. Any delays or other issues that arise in the arbitration must be addressed by the arbitrator. "An arbitration has a life of its own outside the judicial system. The trial court may not step into a case submitted to arbitration and tell the arbitrator what to do and when to do it." (Titan/Value Equities Group, Inc. v. Superior Court (1994) 29 Cal.App.4th 482, 487‐489 [holding trial court exceeded its jurisdiction when it atte...
2021.11.02 Motion to Strike 013
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.02
Excerpt: ...o strike is granted without leave to amend as to the request for attorney's fees. Plaintiff does not plead any legal, statutory, or contractual basis to recover fees in his individual capacity. Plaintiff's cases regarding private attorney general fees are inapposite. If plaintiff subsequently discovers a basis for fees, he may seek leave to amend. The remainder of the motion to strike is denied. The promissory fraud claim supports the request for...
2021.11.01 Motion to Stay Proceedings 543
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.01
Excerpt: ...employer and an employee arising out of their contractual relationship." (Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 386.) Rather, it is "a dispute between an employer and the state, which alleges directly or through its agents‐either the [Labor and Workforce Development] Agency or aggrieved employees‐that the employer has violated the Labor Code." (Id. at 386‐387.) "Because a PAGA claim is representative and doe...
2021.11.01 Motion for Summary Judgment, Adjudication 238
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.11.01
Excerpt: ...nsmitted disease, human papillomavirus (HPV), that has required and will continue to require multiple painful procedures to treat. He brings causes of action against Defendant for negligence and "intentional tort." He now seeks summary judgment on the ground that Plaintiff cannot satisfy the causation requirement of each of those causes of action because he cannot establish that Defendant was the source of his HPV infection. In the alternative, D...
2021.10.29 Motion to Stay Pending Arbitration 345
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.10.29
Excerpt: ...rney general case is granted. Claims alleging largely the same conduct by the same defendants under the same wage and hour laws were ordered to arbitration a year ago. Plaintiff filed a putative class action on February 21, 2020. Plaintiff's individual claims were ordered to arbitration on October 7, 2020 and the class action was stayed. Plaintiff filed this PAGA action with largely the same wage and hour allegations on August 4, 2020. Both sides...
2021.10.29 Motion to Lift Stay 266
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.10.29
Excerpt: ... lift stay" is denied. The legal terrain has not shifted since plaintiffs' last effort to lift the stay earlier this year. The case in this court is a private attorney general wage‐and‐hour action on behalf of AutoZone store managers. Similar actions filed earlier in other courts caused our court to stay this case back in 2016. Our parties have lately focused on a Central District case: Alvarez v. AutoZone, Inc. Plaintiffs say a recent discov...
2021.10.29 Motion for Summary Judgment, Adjudication 831
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.10.29
Excerpt: ...nt is denied. Champion's motion for summary adjudication is granted on the premises liability cause of action as conceded. The motion for summary adjudication is denied on the negligence claim. There is a triable issue of material fact regarding whether Champion breached its duty to provide overhead protection and whether that breach proximately caused injury to plaintiff. Plaintiff's employer (AC Enterprises) retained Champion to "Furnish, set u...
2021.10.28 Motion to Set Aside Default, Judgment, for Leave to Defend 299
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.10.28
Excerpt: ...ly 28, 2020, so vacating only the default judgment serves little purpose. (See Howard Greer Custom Originals v. Capritti (1950) 35 Cal.2d 886, 889 ["The setting aside and vacating the judgment alone, which was all the relief sought in said motion, would have been an idle act, because the default . . . would have stood undisturbed. . . . . If the judgment were vacated it would be the duty of the court immediately to render another judgment of like...
2021.10.27 Motion to Strike Complaint, to Quash Service of Summons or Stay or Dismiss 652
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.10.27
Excerpt: ...ges must allege specific facts to support the prayer. (See G.D. Searle & Co. v. Superior Court (1975) 49 Cal.App.3d 22, 29; Cyrus v. Haveson (1976) 65 Cal.App.3d 306, 316‐317.) Here, plaintiff's allegations are conclusory and do not plead sufficient ultimate facts regarding how defendants authorized or ratified the attack or were on notice that such an attack would ensue but consciously disregarded the danger. (See Complaint, pars. 30, 35, 40.)...
2021.10.25 Motion for Judgment on the Pleadings 557
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.10.25
Excerpt: ...mplaint, he still has not filed it with the Court. (See Code Civ. Proc. Sec. 438(f)(1) [motion for judgment on the pleadings made be made, if the moving party is a plaintiff, only if "the defendant has already filed his or her answer to the complaint"]; Sec. 438(c)(1)(A) [a plaintiff may move for judgment on the pleadings when "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer doe...
2021.10.25 Demurrer 116
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.10.25
Excerpt: ...ly construes the complaint pursuant to Code Civ. Proc. Sec. 452. Plaintiff seeks to have the resolution confirming Leung as President of the Yeong Wo Association invalidated, which would cause Leung to lose his position as President of that organization. Leung is therefore properly named in this action. (See Washington Mutual Bank v. Blechman (2007) 157 Cal.App.4th 662, 667 ["A person is an indispensable party to litigation if his or her rights m...
2021.10.25 Demurrer 028
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.10.25
Excerpt: ...ants") demurrer to the Second Amended Complaint ("SAC") is sustained in part and overruled in part. Defendants' request for judicial notice is granted. Defendants' demurrer on the basis of the statute of limitations is overruled. Defendants Urban Green Investments, LLC, Peter W. Hagist, and David P. McCloskey's demurrer on the basis of Corporations Code section 17707.07 is sustained with leave to amend. Defendants' demurrer to the fourth cause of...
2021.10.22 Motion to Compel Responses 749
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.10.22
Excerpt: ...t 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, the ...
2021.10.21 Motion to Compel Compliance with Discovery Orders 896
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.10.21
Excerpt: ... 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 fa...
2021.10.14 Motion to Quash Service of Summons or Stay or Dismiss 898
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2021.10.14
Excerpt: ...NIED. Plaintiff has failed to meet his burden of showing that service on PCNA was effective service on Porsche AG as CT Corporation is not the agent for service of process for Porsche AG. Further, Plaintiff has failed to satisfy the requirement of Code of Civil Procedure section 416.10(b) for service on Porsche AG. Even after being given the opportunity to conduct jurisdictional discovery, Plaintiff has failed to present sufficient evidence that ...
2021.10.08 Motion for Summary Judgment 973
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.10.08
Excerpt: ...nd 18-20.) It further shows that it has no involvement with the decisions of General Council affiliated churches (e.g. Golden Gate) or District Council affiliate churches (e.g. Homeless Church) when those churches invite guest pastors to conduct their services. (Id., pars. 14-15.) In opposition, plaintiffs rely on the Constitutions and Bylaws of the Homeless and Golden Gate churches to aver that AGNCN had sufficient control over them and Wegmann ...
2021.10.06 Motion for Leave to Intervene 976
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.10.06
Excerpt: ...motion to abate and stay Wasdin's separately‐filed action, Wasdin v. Pacific Gas and Electric Company, et al., No. CGC‐21‐591030, and its August 16, 2021 order denying Wasdin's motion to consolidate that action with the instant action. Wasdin cites no statutory or case authority supporting her contention that an heir should be permitted to intervene in a wrongful death action brought by the personal representative. Her position is irreconci...
2021.10.06 Demurrer, Motion for Preliminary Injunction 061
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.10.06
Excerpt: ...inst the Directors individually is overruled. Code of Civil Procedure Sec. 425.15(a) states, "[n]o cause of action against a person serving without compensation as a director or officer of a nonprofit corporation described in this section, on account of any negligent act or omission by that person within the scope of that person's duties as a director acting in the capacity of a board member [ ]." (Code Civ. Proc. Sec. 425.15(a)(emphasis added).)...
2021.10.01 Motion for Judgment on the Pleadings 559
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.10.01
Excerpt: ...e policies per Evidence Code sec. 452(h) because both parties refer to the policy and its terms are unambiguous. (See Ingram v. Flippo (1999) 74 Cal.App.4th 1280, 1285, fn.3 [taking judicial notice of letter that was referenced in complaint (but not attached) where both parties referred to the letter and quoted from it]; Defendant's RJN, Exs. 1-5 [policies].) In addition, the parties stipulated that the court may refer to the policies. Defendant ...
2021.09.29 Motion to Compel Arbitration and Stay Action Pending Arbitration 209
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.29
Excerpt: ...'s motion for an order compelling arbitration of plaintiff's claims on an individual basis and dismissing without prejudice all of Plaintiff's claims is granted as unopposed. Defendants' motion for an order staying all proceedings on Plaintiff's representative claims for civil penalties under the California Private Attorneys' General Act of 2004 pending completion of the arbitration is granted. (9 U.S.C. Sec. 3 [stay mandatory under FAA]; see Fra...
2021.09.27 Demurrer, Motion to Strike 543
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.27
Excerpt: ...t to Code of Civil Procedure Section 452. In addition, the Court accepts plaintiff's allegations as true when ruling on a demurrer. (See Curtis T. v. County of Los Angeles (2004) 123 Cal.App.4th 1405, 1412, fn. 3.) Plaintiff alleges that defendant's employee/agent acted with an intent to harm plaintiff when he reached for his service weapon, positioned himself to shoot plaintiff, and then disclosed that defendant has a policy to shoot African Ame...
2021.09.24 Motion to Enforce Liability on Bond Fee 368
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.24
Excerpt: ...ants Pamela Whitehead and Melinda Nykamp's motion to enforce liability on bond is granted. Plaintiff Irving Zaretsky, as principal, and the Philadelphia Indemnity Company, as surety, are jointly and severally liable on bond number PB11753400411 in the amount of $250,000 to Ms. Whitehead and Ms. Nykamp. The statement of decision and judgment issued by Judge Bolanos show beyond dispute that I erred in issuing a preliminary injunction in 2016 constr...
2021.09.24 Motion to Require Filing of Amendment to FAC 483
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.24
Excerpt: ...filing of amendment to first‐amended cross‐complaint [FACC] of defendants/cross‐ complainants Olivier Auffret and Virginie LeClair" is denied. On May 7, 2021, summary judgment was granted on the FACC on statute‐of‐limitations grounds. It is argued that the court has "inherent authority" to "reconsider that order of summary judgment," but the time for reconsideration has long passed. (CCP 1008.) In any event, reconsideration would not ch...
2021.09.22 Motion to Set Aside Default, Judgment, for Leave to Defend 963
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.22
Excerpt: ...s granted. Defendant shows that the default was taken through inadvertence or excusable neglect by his counsel, who had scheduling issues due to her family staying longer over the Memorial Day weekend than expected. (Sakai Decl., par. 10.) Plaintiff fails to show any prejudice that would result from setting aside the default. "[T]he Supreme Court has recognized that if a defendant promptly seeks relief . . . and there is no showing of prejudice, ...
2021.09.20 OSC Re Contempt 080
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.20
Excerpt: ... a motion for reconsideration of the Court's July 12, 2021 anti‐SLAPP ruling, in a hearing on that motion, and in briefs filed in purported support of plaintiffs' motion to tax costs, in opposition to defendants' motion for an award of attorneys' fees, and in opposition to the Kern Segal Defendants' anti‐SLAPP motion and demurrer, Attorney Ison made numerous statements that are "contemptuous on [their] face." (In re Buckley (1973) 10 Cal.3d 2...
2021.09.20 Motion to Compel Provision of Privilege Log and Billing Invoices 193
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.20
Excerpt: ...rt and recommendation of the judge pro tem is adopted. Plaintiffs' motion to compel defendants to produce all billing invoices sent to Andy Li, Sunrock Capital LLC, and Li's Capital LLC and to provide a privilege log for any billing invoices withheld on privilege or work‐product grounds is granted in part and denied in part. In its April 22, 2021 order, the Court denied Plaintiffs' motion to compel production of documents, "other than as to RFP...
2021.09.20 Motion for Leave to Amend Complaint 550
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.20
Excerpt: ...dant sufficient time to file a motion for summary adjudication of the claim for punitive damages. The court believes that the stated condition is appropriate to avoid prejudice to defendant in light of the approaching November 15, 2021 trial date, particularly in light of plaintiff's lack of diligence in conducting discovery and delay in seeking leave to amend since discovering the alleged factual basis for the claim in April 2021. The Court decl...
2021.09.20 Motion for Hearing on Writ of Mandamus 338
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.20
Excerpt: ...corporate books and records "upon the written demand on the corporation of any shareholder." Section 185 defines "shareholder" as "one who is a holder of record of shares." (Corp. Code Section 185.) On July 10, 2020, Respondent Traction Corporation's shareholders unanimously approved a reverse stock split, which liquidated Petitioner's interest in Traction Corporation. This vote satisfied the notice requirements of Corporations Code section 601 a...
2021.09.17 Motion to Dismiss for Lack of Proper Forum, Demurrer 702
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.17
Excerpt: ...ely "on the grounds that a valid and enforceable contractual forum selection clause is applicable." (Not. 2:7-10; CCP 1010.) Defendants rely on a forum selection clause in a confidentiality agreement - one of at least three contracts the parties entered. (Memo. 2:21-3:17.) However, plaintiff asserts - and review of its complaint confirms - that it is not suing under the confidentiality agreement. (Id. at 11:1-12:13, 18:20-21.) Hence, the forum se...
2021.09.17 Motion for Summary Judgment, Adjudication 772
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.17
Excerpt: ...eparate private right of action under Commercial Code sec. 9406 and plaintiff's rights are derived from obtaining an enforceable assignment. (See Forest Capital, LLC v. BlackRock, Inc., 658 Fed. Appx. 675 (4th Cir. 2016); Ta Chong Bank Ltd. v. Hitachi High Technologies America, Inc., 610 F.3d 1063, 1069 (9th Cir. 2010) ["Section 9406(a) does not impose liability distinct from the assigned accounts receivable. It merely states, in pertinent part, ...
2021.09.17 Motion for Summary Judgment, Adjudication 659
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.17
Excerpt: ...ty indicates that there is no separate private right of action under Commercial Code sec. 9406 and plaintiff's rights are derived from obtaining an enforceable assignment. (See Forest Capital, LLC v. BlackRock, Inc., 658 Fed. Appx. 675 (4th Cir. 2016); Ta Chong Bank Ltd. v. Hitachi High Technologies America, Inc., 610 F.3d 1063, 1069 (9th Cir. 2010) ["Section 9406(a) does not impose liability distinct from the assigned accounts receivable. It mer...
2021.09.17 Motion for Summary Judgment, Adjudication 217
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.17
Excerpt: ...hat there is no separate private right of action under Commercial Code sec. 9406 and plaintiff's rights are derived from obtaining an enforceable assignment. (See Forest Capital, LLC v. BlackRock, Inc., 658 Fed. Appx. 675 (4th Cir. 2016); Ta Chong Bank Ltd. v. Hitachi High Technologies America, Inc., 610 F.3d 1063, 1069 (9th Cir. 2010) ["Section 9406(a) does not impose liability distinct from the assigned accounts receivable. It merely states, in...
2021.09.17 Motion for Summary Judgment, Adjudication 048
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.17
Excerpt: ...an, Melbostad, Harris & McSparran's (collectively "Goldstein") summary judgment motion on the cross-complaint is denied. Their alternative summary adjudication motion is granted in part and denied in part. Cross-complainants Ellen and Michael Williams ("the Williamses") concede summary adjudication of their second, third and fourth causes of action, so it is granted. (Opp. 2:15-17, 5:21-24.) Summary adjudication on the Williamses first cause of a...
2021.09.16 Demurrer, Motion to Strike 264
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.16
Excerpt: ...(CCP Sec. 435.5(a).) The Kline declaration fails to indicate compliance with the statute. Rather, it appears only that e-mails and written correspondences were exchanged. Second, cross-complainant's counsel declares that Uber's counsel has raised new issues in this motion that the parties never previously examined, which is contrary to CCP Sec. 435.5(a)(1) ["As part of the meet and confer process, the moving party shall identify all of the specif...
2021.09.15 Demurrer to Petition for Writ of Mandate 466
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.15
Excerpt: ...writ of mandate is overruled except as to the cause of action for declaratory relief, as to which it is sustained without leave to amend as unopposed. Respondent's res judicata and collateral estoppel claims fail because the prior action, in which Petitioner was named as a real party in interest and in which it participated in briefing and argument, is pending on appeal. (Sutter's Place, Inc. v. California Gambling Control Commission (S.F. Super....
2021.09.13 OSC Re Compliance with Investigational Subpoenas 493
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.13
Excerpt: ...ard's review of the medical records in question is "justified by the state's dual interest in protecting the public from the unlawful use and diversion of a particularly dangerous class of prescription drugs and protecting patients from negligent or incompetent physicians." (Lewis v. Superior Court (2017) 3 Cal.5th 561, 572.) Petitioner has shown good cause for judicial enforcement of the subpoenas. (Karpenko Decl. 4, 14‐19; see Grafilo v. Soor...
2021.09.13 Demurrer 999
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.13
Excerpt: .... Sec. 1005(b); Cal. R. Ct. 3.1300(d).) In any event, plaintiff has already brought this case and lost it. As she concedes, her claims against the conservator have been the subject of extensive litigation in conservatorship proceedings including a trial, and are now pending on appeal. (See Def. RJN, Ex. C (Oct. 27, 2020 memorandum order, order approving acts of conservator, and order denying petition to limit authority of conservator); Ex. G (Jan...
2021.09.09 Motion for Summary Judgment 917
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2021.09.09
Excerpt: .... Atl. Richfield Co. (2001) 25 Cal. 4th 826, 855.) As to asbestos content, Defendant failed to show that Plaintiff would not have been able to recognize Defendant's product had he been shown a photograph. (Huie Declaration, Ex. G at 227:12‐228:20; Weber v. John Crane, Inc. (2007) 143 Cal.App.4th 1433, 1439; Scheiding v. Dinwiddie Const. Co. (1999) 69 Cal. App. 4th 64, 81 (courts "can infer nothing at all with respect to questions which were nei...
2021.09.08 Motion to Seal Confidential Docs, for Summary Judgment 228
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.08
Excerpt: ...aintiffs In Support Of Their Motion For Summary Judgment. Defendants' motion to seal confidential documents filed by plaintiffs in support of their motion for summary judgment is denied in part and granted in part. That Defendants designated (or did not designate) the materials in question as confidential under the parties' stipulated protective order is insufficient for the Court to find whether the requirements of Rules 2.550 and 2.551 are met....
2021.09.07 Motion to Quash or Modify Subpoenas Duces Tecum 681
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.07
Excerpt: ...Or Modify Three Subpoenas Duces Tecum. Pro Tem Judge Steve Stein, 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 befo...
2021.09.03 Motion for Summary Judgment, Adjudication 462
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.03
Excerpt: ...ication motion is denied in full. Plaintiff Doris Harris, 85, fell and broke a knee cap in one of defendant's stores. The accident occurred when plaintiff encountered a plastic crate (defendant calls it a "tote") on the floor of a narrow aisle, blocking half of it. (Memo. p. 3; PSS p. 9.) Defendant argues that, because Harris acknowledges having seen the crate, she cannot recover for premises lability or negligence. The "dangerous condition was o...
2021.09.03 Motion for Summary Judgment 683
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.03
Excerpt: ...pposition brief clearly identifies the supposed written contract, and, asked to identify it in an interrogatory, he stated: "No written documentation that I know of." (Robinson Dec. Ex. F pp.18‐19.) Stefan's separate statement asserts: "The agreement was to have intensive twice weekly therapy session 'to get me back on my horse.'" (RSS 21.) However, Stefan cites no written agreement to that, or any, effect. (Id.) Leingang seeks summary judgment...
2021.09.02 Motion to Strike 524
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.09.02
Excerpt: ...nted out that the "phrase Unjust Enrichment does not describe a theory of recovery, but an effect," Defendant does not provide any authority holding that claims for unjust enrichment are frivolous. (See Lauriedale Associates, Ltd. v. Wilson (1992) 7 Cal.App.4th 1439, 1448.) Rather, courts have explained that claims for unjust enrichment "actually seek . . . restitution[,] a term which modernly has been extended to include not only the restoration...
2021.08.31 Motion to Intervene in Action 948
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.08.31
Excerpt: ...7 in favor of intervention. (Simpson Redwood Co. v. State of California (1987) 196 Cal.App.3d 1192, 1200 ["section 387 should be liberally construed in favor of intervention."] Hartford is the insurer for National Stores, Inc., a defaulted entity that is suspended and lacks the ability to defend itself. Since Hartford would be liable for any ensuing default judgment, it has a direct interest in this litigation and its interests will be prejudiced...
2021.08.31 Motion for Summary Judgment 321
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.08.31
Excerpt: ...W1701180) motion for summary judgment is denied. Movant fails to maintain its burden of production pursuant to Code of Civil Procedure section 437c(p)(2). Plaintiff's First Amended Complaint ("FAC") alleges that defense costs are being incurred rapidly, exhaustion of the primary and first excess policy will almost certainly occur, and the second excess insurance policy benefits will be triggered. (FAC, par. 86.) As this Court already ruled when i...
2021.08.27 Demurrer 650
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.08.27
Excerpt: ...ndants show there are two earlier-filed PAGA actions pending. One in Alameda Superior Court (Tran PAGA Action) and one in this Court, San Francisco Superior Court (Basu-Kesselman PAGA Action). (RJN, Ex. D, Alameda County Super. Ct. No RG20077- 292 and Ex. E, San Francisco County Super. Ct. No. CGC-20-586542.) On August 9, 2021, this Court stayed the Basu-Kesselman PAGA Action due to the overlapping and duplicative nature of the Tran and Basu-Kess...
2021.08.25 Motion to Conduct Punitive Damages Discovery, for Leave to File SAC 365
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.08.25
Excerpt: ...ct to the defendant's financial condition and profits related to the alleged wrongful conduct without an order permitting such discovery. Such an order may be entered at any time "if the court finds, on the basis of the supporting and opposing affidavits presented, that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294." (Civ. Code sec. 3295, subd. (c).) "[B...
2021.08.25 Motion to Strike Complaint 522
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.08.25
Excerpt: ..., Nash Liao, Bill Hanson, and Paul Deluca's motion to strike is denied in its entirety. The motion to strike plaintiff's prayer for treble damages and attorney's fees and costs is denied. Defendants' demurrer was overruled; plaintiff properly pleads claims of conversion and violation of Penal Code Sec. 496 against defendants. The motion to strike plaintiff's prayer for punitive damages is denied. The allegations in the complaint support a prayer ...
2021.08.23 Motion to Transfer 932
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.08.23
Excerpt: ...all remain in effet pending the transfer of this action. "When several causes of action are alleged in a complaint, a motion for change of venue must be granted on all causes if defendant is entitled to a change on any one." (Johnson v. Superior Court (1965) 232 Cal.App.2d 212, 217.) For Defendant, an individual, the general venue rule applies: "the county where the defendants or some of them reside at the commencement of the action is the proper...
2021.08.23 Motion to Compel Arbitration and Stay Proceedings 646
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.08.23
Excerpt: ...endants demonstrate that the parties entered into an agreement to arbitrate and plaintiff does not contend otherwise. (See Strashovskiy Decl. 8 & Ex. A.) The claims asserted by plaintiff fall within the extremely broad scope of that agreement, which extends to "all claims or controversies, past, present or future, whether or not arising out of your employment (or its termination), . . . that you . . . may have against any of the following: (1) th...
2021.08.20 OSC Re Preliminary Injunction 217
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.08.20
Excerpt: ...ant lives at the house with his wife, Jean Sarris. McCullough's papers concede that he has taken it upon himself to initiate construction projects and repairs without authorization from sole trustee David Levin. This includes a roof project McCullough caused to continue even after this court granted a temporary restraining order in June 2021. Given McCullough's admissions and the other evidence, plaintiff Levin is likely to prevail in this litiga...
2021.08.19 Motion for Summary Adjudication 099
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.08.19
Excerpt: ...ed in part. Effective Monday, June 28, 2021, for the 9:30 a.m. Law & Motion calendar, attorneys and parties may appear either in person in Department 302 or remotely by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative r...
2021.08.18 Motion for Reconsideration, for Determination of Good Faith Settlement 770
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.08.18
Excerpt: ...consideration Of Order Granting Milgard Manufacturing, Inc.S Motion For Determination Of Good Faith Settlement Pursuant To C.C.P 877.6. Plaintiffs' motion for reconsideration of the Court's July 14, 2021 ortder granting Milgard Manufacturing, Inc.'s motion for determination of good faith settlement pursuant to Code of Civil Procedure section 877.6 is denied.. Plaintiffs have failed to demonstrate diligence and provide a satisfactory explanation f...
2021.08.17 Motion for Summary Adjudication 368
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.08.17
Excerpt: ... "bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law. . . ." (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850, 854.) Defendant fails to meet its burden to show that there is no triable issue of material fact. Defendant's argument that it has admitted it is vicariously liable is unsupported by any admissible evidence. Defendant solely relies on Mr. Brin...
2021.08.17 Motion for Leave to File Fifth Amended Complaint 013
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.08.17
Excerpt: ... granted. The motion is supported by the strong policy favoring liberality in amendment of pleadings. If Defendants wish to challenge the viability of the amended complaint, including whether Plaintiff may join individual and derivative claims, whether the direct claims are time‐ barred, and whether they are barred by judicial estoppel, they may do so by appropriate motion. (See California Casualty Gen. Ins. v. Superior Court (1985) 173 Cal.App...
2021.08.16 Motion for Leave to Withdraw Answers 256
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.08.16
Excerpt: ...Paul Henry (Per Ex Parte Order Filed 8/4/2021). Defendants Cerego, LLC and Eric Young's motion for leave to withdraw answers and affirmative defenses to unverified first amended complaint of Paul Henry is granted. Defendants seek to withdraw their answers, apparently in order to allow plaintiff to take their defaults. Although this course of action is admittedly unusual, Plaintiff does not identify any authority that would prevent Defendants from...
2021.08.13 Motion to Quash Service of Summons or Stay or Dismiss, Demurrer 722
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.08.13
Excerpt: ...ied. Plaintiff has the burden to demonstrate sufficient minimum contacts for jurisdiction. (See Coulston v. Cooper (1966) 245 Cal.App.2d 866, 868.) Plaintiff (through the French declaration) demonstrates specific jurisdiction over Lloyd's. Lloyd's intentionally reached out to plaintiff, a California resident, to sell insurance to it regarding the purchase of another entity. The purpose of the insurance was to protect plaintiff against misrepresen...
2021.08.13 Demurrer 318
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.08.13
Excerpt: ...is overruled. The FAC alleges the cryptocurrency was stolen and laundered through Binance's servers in California. (FAC, 49-50.) Liberally construing the complaint, the conduct that created the liability is alleged to have occurred in California. The demurrer to the sixth cause of action, negligence, is sustained. The FAC fails to allege that Binance owed a duty of care to Zaif. Zaif urges the court to apply a bank's duty of care to non-customers...
2021.08.12 Motion for Leave to File Supplemental Complaint 989
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.08.12
Excerpt: ...llege relevant facts occurring after the original pleading was filed‐here, the entry of the Chinese judgment. (Code Civ. Proc. Sec. 464.) The proposed supplemental complaint does not allege a wholly "new" cause of action or defense, but merely supplements the originally pleaded claims by seeking recovery from defendant of a portion of the same funds allegedly owed on the same contract. (See, e.g., Honig v. Financial Corp. of America (1992) 6 Ca...
2021.08.12 Motion for Sanctions 048
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.08.12
Excerpt: ...ilure To Comply With Courts Discovery Order, Including Terminating Sanctions. 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...
2021.08.12 Motion to Quash Service of Summons, or Stay, or Dismiss 898
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2021.08.12
Excerpt: ...ctional discovery. Plaintiff's objections to paragraphs 5, 8, 9 and 12 to the declaration of George Feygin are sustained based on lack of foundation. Plaintiff's objection to Exhibit A attached to Defendant's request for judicial notice is sustained based on relevance. Defendant's supplemental request for judicial notice is denied as to Exhibits A and B based on relevance. Discovery is limited to the issue of jurisdiction. Supplemental opposition...
2021.08.11 Motion for Summary Judgment 477
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.08.11
Excerpt: ... burden of production. (See Code Civ. Proc. sec. 437c(p)(2).) A "dangerous condition" of public property is "a condition of property that creates a substantial (as distinguished from minor, trivial, or insignificant) risk of injury when . . . used with due care in a manner in which it is reasonably foreseeable that it will be used." (Gov. Code sec. 830(a).) "The existence of a dangerous condition ordinarily is a question of fact . . . but it can ...
2021.08.11 Motion for Determination of Good Faith Settlement 598
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.08.11
Excerpt: ...Assocs. (1985) 38 Cal.3d 488, 499, the California Supreme Court held the following factors are relevant in evaluating the good faith of a settlement: (1) a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability; (2) the amount paid in settlement; (3) the allocation of settlement proceeds among plaintiffs; (4) a recognition that a settlor should pay less in settlement than he would if he were found liable after...
2021.08.11 Demurrer 238
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.08.11
Excerpt: ...atory relief regarding its insurance policy with Plaintiff Williams. (See Cross‐complaint, pars. 1, 28, 32‐34 & Prayer par. 1.) In addition, Kemper has standing to seek declaratory relief regarding the alleged assignment of policy benefits from Williams to Montgomery even though it is not a party to the assignment. Kemper has an "interest" in the assignment as the existence and scope of the assignment directly relates to how Kemper will proce...
2021.08.10 Motion to Reconsider and Revoke Court Order 689
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.08.10
Excerpt: ...eport and Recommendations. Plaintiffs' motion to reconsider the Court's June 8, 2021 order is denied. A motion to reconsider must be "based upon new or different facts, circumstances, or law." (Code Civ. Proc. sec. 1008.) "Facts of which the party seeking reconsideration was aware at the time of the original ruling are not new or different." (In re Marriage of Herr (2009) 174 Cal.App.4th 1463, 1468.) The moving party, via its affidavit, must demo...
2021.08.10 Motion to Amend Complaint 337
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.08.10
Excerpt: ...es' untimely opposition raises disputed factual issues that are not properly considered on a motion for leave to amend. The proposed first amended complaint allege that plaintiff contracted a life‐threatening disease as a result of ingesting E. coli bacterium at Defendants' restaurant caused by their repeated health code violations including illegal food handling practices. In light of the strong policy of liberality in amendment of pleadings, ...
2021.08.09 Motion for Determination of Good Faith Settlement 832
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.08.09
Excerpt: ...t defendants' motion to determine good faith settlement is denied without prejudice. In Tech‐Bilt, Inc. v. Woodward‐Clyde & Assocs. (1985) 38 Cal.3d 488, 499, the California Supreme Court held the following factors are relevant in evaluating the good faith of a settlement: (1) a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability; (2) the amount paid in settlement; (3) the allocation of settlement proce...
2021.08.09 Demurrer, Motion to Strike 572
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.08.09
Excerpt: ...ailure to state a claim is sustained. Facts in affirmative defenses must be "averred as carefully and with as much detail as the facts which constitute the cause of action and are alleged in the complaint." (FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 384.) The SAA's laundry-list of 34 affirmative defenses does not meet the required standard. Rather, defendants use the same duplicated facts in almost every defense, where the fac...
2021.08.06 Motion to Tax Costs 857
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.08.06
Excerpt: ...nd 1033.5. Wrong. As FCA well knows, the prevailing buyer in a Song‐Beverly Act action "shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action." (Civ. Code sec. 1794(d).) The Legislatur...
2021.08.05 Motion for Summary Judgment, Adjudication 896
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2021.08.05
Excerpt: ...that Plaintiffs do not possess, and cannot reasonably obtain, needed evidence that James Carmichael, and thereby decedent, was exposed to asbestos containing products attributable to Defendant. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 855.) Defendant failed to attach Plaintiffs Brenda Geisinger and James Carmichael's complete responses to Defendant's special interrogatories nos. 1-3 and 5, as well as responses to interrogatories nos...
2021.08.04 Motion to Abate or Stay Action Due to Another Pending Action 030
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.08.04
Excerpt: ...elicopters, Inc.'s motion to stay or abate this action is granted. A wrongful death action may be brought by the decedent's heirs or by the personal representative of the decedent's estate on behalf of the heirs, but not by both. (Code Civ. Proc. sec. 377.60; Adams v. Superior Court (2011) 196 Cal.App.4th 71, 76‐77.) A plaintiff who is suing as the decedent's representative on behalf of the heirs need not join the heirs as parties to the action...
2021.08.03 Motion to Compel Further Responses, for Sanctions 634
Location: San Francisco
Judge: Department 302
Hearing Date: 2021.08.03
Excerpt: ...r 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 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...

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